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HomeMy WebLinkAbout2021-007 Navas, Bruce & PatriciaCITY OF ATASCADERO CONTRACT NUMBER: �L I -CC,7 ASSESSOR PARCEL NO.: 054-272-016 PROJECT: Atascadero — Santa Lucia Road Bridge Replacement OWNER: The Navas Revocable Living Trust AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT is made and entered into by and between Bruce Wayne Navas and Patricia Ann Navas, Trustees of the Bruce Wayne Navas and Patricia Ann Navas Revocable Living Trust dated 10/20/11 (hereinafter collectively called "Grantor"), and The City of Atascadero, a California municipal corporation, (hereinafter called "City"). An instrument in the form of a Temporary Construction Easement Deed ("Easement Deed") covering the property particularly described therein ("Easement Area'), has been executed concurrently with this Agreement and delivered to City representatives. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City shall: A. PAYMENT - Pay to the order of the Grantor the sum of $1,500 as consideration in full for the property interests described in the Easement Deed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. B. RECORDATION OF INSTRUMENT - Accept the Easement Deed and may, at City's sole discretion, cause the same to be recorded in the office of the San Luis Obispo County Recorder. C. MISCELLANEOUS COSTS - Pay any and all transactional closing costs and recording fees incurred in this transaction. D. PROPERTY RESTORATION - Shall, upon completion of construction, generally restore the Easement Area to a comparable or better condition as that which existed prior to City's project construction, to the extent reasonably practical, in accordance with the provisions of the Easement Deed. APN: 054-272-0I6 City of Atascadero/Santa Lucia Road Bridge/Navas/Agm ont - TCE Page I of 3 E. INDEMNIFICATION - Indemnify and hold harmless the Grantor from any and all claims, damages, costs, judgments or liability proximately caused by City or its officers, employees, contractors or agents specifically arising from City's construction and restoration work within the Easement Area during the temporary easement period specified in the Easement Deed. 3. The Grantor: A. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Easement Area or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease encumbering the Easement Area. Grantor shall provide City use of the Easement Area free of any leases that may conflict with City's rights under the Easement Deed provisions. B. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving requirements to clear any defects and imperfections in all matters of record title, Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Easement Area. Grantor's obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Easement Area, holding all ownership and possessory rights, and are the authorized signatories to grant the easement rights referenced in this Agreement and the Easement Deed without conflict or claims from other parties. C. SUPPLEMENTAL FORMS - Agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. D. GRANTOR'S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY — Hereby represents and warrants that to the best of Grantor's knowledge and belief, throughout the period of Grantor's ownership, there has been no spill, discharge, release, cleanup or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored, disposed of or handled by the Grantor, its employees, and/or agents on or around the Easement Area. Further, Grantor agrees to disclose to City, prior to the close of this transaction, all studies, reports, and investigations, known to Grantor, concerning any pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or under the Easement Area. 4. The Parties agree: A. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. B. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. City of Atascade`o/Santa Lucia Road Bridge/Navas/Agr cnt - TCE Page 2 of 3 C. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval by the Atascadero City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. D. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. E. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. G. ELECTRONIC AND FACSIMILE SIGNATURES — In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as if they bore original signatures provided that documents bearing ORIGINAL SIGNATURES are provided following transmittal of the electronic or facsimile signature. Documents for recordation by the Clerk Recorder must contain original signatures. No Obligation Other Than Those Set Forth Herein Will Be Recognized. GRANTOR: Bruce Wayne Navas and Patricia Ann Navas, Trustees of the Bruce Wayne Navas and Patricia Ann Navas Revocable Living Trust dated 10/20/11 By:�'✓-- — Bruce Wayne Navas, Trustee By: ��� 44— Patricia Patricia Ann Navas, Trustee GRANTOR'S MAILING ADDRESS: Bruce Wayne & Patricia Ann Navas 11260 Santa Lucia Road Atascadero, CA 93422 Date: Date: B r Pi 1/i_` 94a2aa-, J Date: Rachelle Rickard City Manager MAILING ADDRESS OF CITY: The City of Atascadero Attn: Deputy Director of Public Works 6907 El Camino Real Atascadero, CA 93422 APN: 054-272-016 City of Atascadem/Santa Lucia Road Bridge/Navas/ASr ent - Page 3 of 3