HomeMy WebLinkAboutCarr, Dean & Carr, Marth Ann License & Right of Entry Agreement-12-12-23 LICENSE AND RIGHT OF ENTRY AGREEMENT
1004 NORTH ROOSEVELT AVENUE
FRESNO, CALIFORNIA 93728
APN 452-024-19
This License and Right of Entry Agreement (Right of Entry) is entered on
L= , j- , 2023 by and between the CITY OF FRESNO, a California
municipal corporation (City) and DEAN CARR and MARTHA ANN CARR, trustees of
the CARR FAMILY REVOCABLE TRUST dated October 14, 2011 (Owner).
RECITALS
A. Owner is the owner in fee of property located 1004 North Roosevelt
Avenue, Fresno, California 93728, bearing Assessor's Parcel Number 452-024-19 (the
Property).
B. As a result of the John Muir Sidewalk Project (City Project Number
PW00893), City has identified an elevation difference in the walkway on the west side
of the Property from the adjacent City sidewalk.
C. City desires to obtain Owner's permission to enter onto the Property to
perform necessary repairs to correct the elevation difference in the walkway on the
Property from the adjacent City sidewalk.
D. City acknowledges that this Right of Entry Agreement is a temporary
measure to allow the City to proceed with construction of the sidewalk.
NOW, THEREFORE, the City and Owner do hereby agree as follows:
AGREEMENT
1. Recitals. Each and all of the foregoing recitals of background facts are
incorporated herein by this reference as though set forth herein.
2. Right of Entry. Owner hereby grants to City and its agents, employees, and
contractors the right to enter onto the portion of the Property specified in Exhibit "A" for
the purpose of correcting the elevation difference in the walkway on the west side of
the Property from the adjacent City sidewalk, which includes, but is not limited to:
a. Cutting and removing ± 50 square feet of existing concrete, disposing
offsite, replace with concrete;
b. Trenching ten (10) linear feet of dirt/landscape on both sides of the
Property's walkway to expose the edge and frame for concrete, store
onsite, replace to previous/existing grade;
c. City's contractor will replace in kind landscape improvements that are
damaged as a result of the correction of the elevation difference in the
walkway.
The permission granted is in consideration of the benefits that may accrue to the
Property through the performance of this work.
3. Term. This Right of Entry shall automatically terminate upon the
completion of the walkway installation on the Property, which is expected to take
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approximately two (2) weeks. The term may be extended by written notice to Owner in
the sole and absolute discretion of the City. Right of Entry is subordinate to all prior or
future rights and obligations of the Owner in the Property, except that the Owner shall
grant no rights inconsistent with the reasonable exercise by City of its rights under this
Right of Entry.
4. Owner's Obligation. Prior to commencement of the work, Owner shall give
written notice to all tenants of the work to be performed and the potential risk it may
pose should tenants and their guests not maintain a safe distance from the project.
Following completion of the work, Owner agrees to assume full responsibility for
maintenance, repair and/or replacement of the improvements installed on the Property,
other than the walkway.
5. City's Obligation. At the end of the Project, the City will return the utilized
property clean and clear of any construction materials and debris, and in its original
condition.
6. Indemnification. To the furthest extent allowed by law, Owner shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Owner or any
other person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees, litigation expenses and cost to enforce this
agreement), arising or alleged to have arisen directly or indirectly out of the failure to
comply with their obligations under this Agreement.
7. Liens. City shall not permit to be placed against the Property, or any part
thereof, any design professionals', mechanics, material men's, contractors', or
subcontractors' liens with regard to City's actions upon the Property. City agrees to hold
the Owner harmless for any loss or expense, including reasonable attorney's fees and
costs arising from any such liens, which might be filed against the Property.
8. Compliance with Laws/Permits. City shall, in all activities undertaken
pursuant to this Right of Entry, comply and cause its contractors, agents, and
employees to comply with all federal, state and local laws, statues, orders, ordinances,
rules, regulations, plans policies and decrees. Without limiting the generality of the
foregoing, City at its sole cost and expense shall obtain any and all permits which may
be required by any law, regulation, or ordinance for any activities CITY desires to
conduct or have conducted pursuant to this Right of Entry.
9. Inspection. The Owner and its representatives, employees, agents or
independent contractors may enter and inspect the Property or any portion there at any
time and from time to time at reasonable times to verify City's compliance with the terms
and conditions of this Right of Entry.
10. Not Real Property_Interest. It is expressly understood that this Right of
Entry does not in any way whatsoever grant or convey any permanent easement, lease,
fee, or other interest in the Property to City. This Right of Entry is not exclusive, and the
Owner specifically reserves the right to grant other rights of entry within the vicinity of
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the Property.
11. Attorney's Fees. If either party is required to commence any proceeding or
legal action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other party its reasonable attorney's fees and legal expenses.
12. Revocable Licenses and Termination. Notwithstanding any improvements
made by City to the Property or any sums expended by City in furtherance of this Right
of Entry, the right of entry granted herein is revocable and may be terminated by the
Owner in accordance with the terms of this Agreement. This Right of Entry may be
terminated at any time prior to the commencement of the Project by either party upon
one (1) business day's prior notice in writing to be served upon the other party.
13. No Assignment. This Right of Entry is personal to City and shall not be
assigned. Any attempt to assign this Right of Entry shall automatically terminate it. No
legal title or leasehold interest in the Property is created or vested in City by the grant
of this Right of Entry.
14. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as
the parties may from time to time designate by written notice. Notice served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
15. Governing Law_. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California, excluding however, any conflicts of
laws rule which would apply the law of another jurisdiction. Venue for purposes of filing
any action regarding the enforcement or interpretation of this Agreement and any rights
and duties hereunder shall be Fresno County, California.
16. Entire Agreement. Each of the Exhibits referred to in this Agreement is
incorporated into and made a part of this Agreement. This Agreement constitutes the
entire agreement between City and Owner relating to the Right of Entry. Any prior
agreements, promises, negotiations, or representations not expressly set forth herein
are of no force and effect. Any amendment shall be of no force and effect unless it is in
writing and signed by the City and Owner.
17. Severability. The provisions of this Agreement are severable. The
invalidity, or unenforceability, of any provision in this Agreement will not affect the other
provisions.
18. Counterparts. This Right of Entry Agreement may be executed in
counterparts, each of which shall be deemed an original.
[signature page follows]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO, DEAN CARR and MARTHA ANN CARR,
a California municipal corporation trustees of the CARR FAMILY
REVOCABLE TRUST dated October 14,
2014
!
By:
Randall W. Morrison, PE Date12,
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Capital Projects Director
Dean Carr Date
RECOMMENDED FOR APPROVAL-
. L K.
d_13 y
JBy ).to Martha Ann Carr Date
Nancy B n Date
Supervising Real Estate Agent
APPROVED AS TO FORM: Adress for Notices:
ANDREW JANZ
City AU n Dean and Martha Carr
1004 N. Roosevelt Avenue
By: At, D
,� Fresno, CA 93728
De u C At rney
ATTEST:
TODD STERMER, CMC
City CI
By. 3 2Dzy
Deputy M�C ❑afe
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