HomeMy WebLinkAboutHoback LLC - Entry Agreement - 05.03.2023LICENSE AND RIGHT OF ENTRY AGREEMENT
5695 WEST BULLARD AVENUE
506-130-29S
This License and Right of Entry Agreement (Right of Entry) is entered on
av w, , 2023 by and between the CITY OF FRESNO, a California
municipal corporation (City) and HOBACK LLC, a Limited Liability Company (Owner),
RECITALS
A. Owner is the owner in fee of property located at 5695 West Bullard Avenue;
Assessor Parcel Numbers 506-130-29 (Property).
B. The California High Speed Rail Project has caused the Union Pacific
Railroad (UPRR) at -grade crossing at Carnegie Avenue to be removed. In order to
secure the UPRR corridor, the City will be constructing a concrete block wall and a
chain link fence surrounding the rail corridors per the CPUC General Order 88-B for the
Veterans Boulevard Grade Separation.
C. City desires to obtain Owner's permission to enter onto the portion of the
Property depicted on Exhibit "A," attached hereto and incorporated herein by reference,
to facilitate the installation of a concrete block wall and chain link fence on City property.
D. City acknowledges that this Right of Entry Agreement is a temporary
measure to allow the City to proceed with construction of the concrete block wall and
chain link fence.
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 Enter. 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 installation of a concrete block wall and chain link fence on City property.
The permission granted is in consideration of the benefits that may accrue to the
Property through performance of this work.
3. Term. This Right of Entry shall automatically terminate one year after
execution of this Agreement or upon City's written notice to Owner of the completion of
the installation of both the concrete block wall and chain link fencing, whichever occurs
first. 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. Following completion of the work, Owner agrees to
assume full responsibility for maintenance, repair and/or replacement of the work
installed on the Property.
5. 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.
6. 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.
7. 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.
8. 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
the Property.
9. Attorne 's Pees. 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.
10. 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 by either party upon ten business days prior notice in writing to
be served upon the other party. In cases of any emergency or a breach of this
Agreement by City, this Right of Entry may be terminated by the Owner immediately.
11. Continuing liabilit . No termination of this Right of Entry shall release City
from any liability or obligation hereunder resulting from any acts, omissions or events
happening prior to the termination of this Right of Entry and restoration of Property to
its prior condition.
12. 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.
13. 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
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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.
14. Governing taw. 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.
15. 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.
16. Severabilit . The provisions of this Agreement are severable. The
invalidity, or unenforceability, of any provision in this Agreement will not affect the other
provisions.
17. Counterparts. This Right of Entry Agreement may be executed in
counterparts, each of which shall be deemed an original.
[signature page follows]
3
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By: r r
Scott Mozier Date
Director of Public Works t
RECOMMENDED FOR APPROVAL:
/,.
Nancy Bruf�� Date
Supervising Real Estate Agent
APPROVED AS TO FORM
ANDREW JANZ
City Attorney
By:
Tracy N. PaNanian Date
HOBACK LLC,
a limited Liability Company
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i
By
: ; T., rock shjian Date
Md�ager
Address for Notices:
Hoback LLC
7110 N. Fresno, #340
Fresno, CA 93720
Supervising..Deputy City Attorney /
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
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