HomeMy WebLinkAbout2500 MLK, LLC - License and Right of Entry Agreement - 07.17.23DocuSign Envelope ID: 92FDC299-F3FB-465E-BB89-3A8E5B3C68F0
LICENSE AND RIGHT OF ENTRY AGREEMENT
17 Thiluyicense and Right of Entry Agreement (Right of Entry) is entered into this
day 2023 by and between the City of Fresno, a California municipal
corporation (City or Licensee) and 2500 MLK, LLC, a Limited Liability Company
(Licensor).
RFrITAI R
A. WHEREAS, the Licensor is the owner in fee of that certain real property
commonly referred to as 2480 S Martin Luther King Jr. Boulevard, Fresno, California,
more particularly described as Assessor Parcel Number 479-050-15 (Property).
B. WHEREAS, City desires to obtain the Licensor's permission to enter onto
the Property, on a temporary basis of approximately two and a half (2.5) months, to use
as a staging area and storage yard.
C. WHEREAS, the City and Licensor wish to enter into this Right of Entry
whereby the Licensor will allow the City to enter the Property on a temporary basis, for
the purpose of establishing a staging area and storage yard, 30 feet by 650 feet, along
Martin Luther King Jr. Boulevard, north of the Grove Avenue alignment, in Fresno,
California.
D. WHEREAS, at the end of the rental period, the City will return the utilized
property clean and clear of any construction materials and debris, and in its original
condition.
NOW, THEREFORE, the City and Licensor do hereby agree as follows:
AGREEMENT
1. Right of Entry. The Licensor hereby grants to City and its agents,
employees, and contractors the temporary right to enter onto the Property for the purpose
of completing of staging area and storage yard upon reasonable notice to Licensor.
2. Term. The term of this Right of Entry shall automatically terminate seventy
five (75) days from the Effective Date, but no later than September 30, 2023, unless
earlier terminated as provided herein. The term may be extended upon mutual written
consent of both parties. Licensor shall grant no rights inconsistent with the reasonable
exercise by the City of its rights under this Right of Entry.
3. Compensation. Licensor agrees to allow the City to utilize the Property for
zero dollars ($0.00) for the duration of the Term of the Right of Entry.
4. The "Effective Date" of this Right of Entry shall be upon the duly authorized
execution of the Right of Entry by the Licensor and City.
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DocuSign Envelope ID: 92FDC299-F3FB-465E-BB89-3A8E5B3C68F0
5. Licensor represents and warrants that it holds fee title to the Property, and that the
Right of Entry is not subject to any leases, liens, or encumbrances that limit Licensor's
authority to enter into this Right of Entry. Licensor agrees to hold the City harmless for all
losses and expenses as to the Property by reason of any change in ownership or lease
of the Property held by any tenant of the Licensor. City agrees to hold harmless, defend,
and indemnify Licensor for any claims resulting or arising from City activities on the
Property. Licensor agrees that the Right of Entry shall in no way act to abrogate or waive
any immunities available to City under the Tort Claims Act of the State of California.
6. Not a 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 the City.
7. Termination. This Right of Entry may be terminated at any time by either
party upon thirty business day's prior notice in writing to be served upon the other party.
8. No Assignment. This Right of Entry is personal to the City and shall not be
assigned. No legal title or leasehold interest in the Property is created or vested in the
City by the grant of this Right of Entry.
9. Service of Notice. Except as otherwise provided in this Right of Entry, any
notice required or permitted to be given hereunder shall be in writing and may be given
by personal delivery or by certified or registered mail, and shall be deemed sufficiently
given if delivered or addressed to the Licensor at the address listed below the Licensor's
signature, or to the City at 1910 E University Avenue, Fresno, CA 93703, Attention: Chad
Colby. Mailed notices shall be deemed given upon actual receipt at the address required,
or forty-eight hours following deposit in the mail, postage prepaid, whichever first occurs.
Either party may by notice to the other specify a different address for notice purposes.
10. Laws Venues and Attorneys' Fees. This Right of Entry shall be interpreted
in accordance with the laws of the State of California. If any action is brought to interpret
or enforce any term of this Right of Entry, the action shall be brought in a state or federal
court situated in the County of Fresno, State of California. In the event of any claim, legal
action or proceeding between the parties arising under or concerning this Right of Entry,
or any of the rights and obligations described herein, the prevailing party shall be entitled
to reasonable attorneys' fees and expenses. All such fees shall be deemed to have
accrued on commencement of the action and shall be enforceable whether or not such
action is prosecuted to judgment.
11. Entire Agreement. Each of the Exhibits referred to in this Right of Entry is
incorporated into and made a part of this Right of Entry. The Right of Entry constitutes
the entire agreement between the City and Licensor. 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 Licensor.
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DocuSign Envelope ID: 92FDC299-F3FB-465E-BB89-3A8E5B3C68F0
12. Severabiiit . The provisions of this Right of Entry are severable. The
invalidity, or unenforceability, of any provision in this Right of Entry will not affect the other
provisions.
13. Counterparts. This Right of Entry may be executed in counterparts, each
of which shall be deemed an original.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
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DocuSign Envelope ID: 92FDC299-F3FB-465E-BB89-3A8E5B3C68F0
IN WITNESS WHEREOF, the parties have executed this Right of Entry to be
effective as of the date first above written.
City of Fresno, a California municipal
corporation
DoeuSigred by.
��
By: 7/14/2023
Brae uche, PE, PLS Date
Director of Public Utilities
APPROVED AS TO FORM:
Andrew Janz
City /�Uwf;1p[ed by
1.3 �UI� 7/14/2023
By:^[arm
Kelsey Seib Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City 66
Signed by:
�lfhA L�bUY 7/17/2023
By:
Tina M. Your Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Chad Colby
Water Manager
1910 E University Avenue
Fresno, CA 93703
Phone: (559) 621-5315
n
Licensor
❑ouSmreeell by:
LJ,-.A*t'sJ"J" 7/13/2023
By:
Name:
James shehadey
Title:
Manager
ocuSigned by:
F��a A Rdt 7/13/2023
By:
.
Name:
syl vesta M. Hall
Title:
Manager
LICENSOR:
2500 MLK LLC
Attention: Sylvesta M Hall
Project Manager/Principal
405 N Palm Avenue
Fresno, CA 93701
Phone: (559) 307-5884