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Home My WebLink About2021-012 Cliffe, Rick & GailCITY OF ATASCADERO CONTRACT NUMBER: r -cls ASSESSOR PARCEL NO.: 054-271-007 PROJECT: Atascadero — Santa Lucia Road Bridge Replacement OWNER: Cliffe Trust AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT is made and entered into by and between Rick L. Cliffe and Gail E. Cliffe, as Trustees of the Rick L. Cliffe and Gail E. Cliffe 2007 Revocable Trust (hereinafter called "Grantor'), and The City of Atascadero, a California municipal corporation, (hereinafter called "City"). An instrument m 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 $9,700 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. CONSTRUCTION AND RESTORATION - 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. a) REMOVAL AND REPLACEMENT OF PERIMETER FENCING. Grantor acknowledges that its existing perimeter wood fencing and gate along Santa APN: 054-271-007 Gty of Atascadero/Santa Lucia Road Bridge/Cliffe Trust/Agmmnerd - TCE Page 1 of 5 Lucia Road will be removed to accommodate the installation of a temporary detour route for Santa Lucia Road. After the completion of new Santa Lucia Road bridge construction, when the detour route is no longer needed, the City will construct a new fence on the right of way line and a new gate will be installed in its original pre -construction location. The posts of the wooden fence will be embedded in compacted dirt only; no concrete will be used to cement the posts in place. Said fence removal and restoration will completed at no expense to Grantor, in an otherwise like -kind manner. b) TEMPORARY FENCING. Upon City's commencement of use of the Easement Area, temporary chain link fencing panels with privacy slats shall be installed by City along the southerly and easterly lines of the Easement Area to segregate Grantor's livestock from the Easement Area, as depicted in Exhibit A. Temporary fence installation method shall not include fence posts driven into the ground. The installation of the fencing along the southerly and easterly Easement Area boundaries shall be fully completed within the same day as when said fencing installation is commenced, which shall occur after City or its contractor provides Grantor with a minimum of one week advance notice of the specific date for when said fencing installation will occur. The City agrees to place high visibility temporary fencing around portion of Grantor's leech field that extends inside the Temporary Construction Easement area, subject to Grantor identifying and marking such leach line locations. c) OVERNIGHT EQUIPMENT STORAGE. City agrees that construction equipment will only be stored overnight within the area depicted in Exhibit B. d) RESTORATION OF DETOUR AREA. Grantor acknowledges that temporary asphalt paving will be installed upon Grantor's property within a portion of the Temporary Construction Easement Area, for use as a temporary public road detour route while the new Santa Lucia Bridge is under construction. Once the public road bridge bypass detour route is no longer needed, the City shall restore the detour area to original condition by removing all asphalt and road base installed for detour purposes. e) ROAD SHOULDER FILL. As a part of project construction, the shoulder along Santa Lucia Road adjacent to the Grantor's property will be filled to match the new road grade. f) WEED ABATEMENT AND VEGETATION REMOVAL. During all periods of City's access and use of the Temporary Construction Easement area, the City shall maintain the Temporary Construction Easement area in compliance with City Fire Department weed abatement requirements. Additionally, the City shall remove the dead tree from the creek bank located near the eight oak trees marked in the City's construction plans for removal within the WE area. APN. 054-271-007 City of Atascadero/Santa Lucia Road B idgelCliffe Trust/Agre=ent - TCE Page 2 of 5 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. APN: 054-271-007 City of AtimAdero/Santa Lucia Road Bridge/Cliffe Trust/Agreement - TCE Page 3 of 5 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. APN: 054-271-007 City of Atascadero/Santa Lucia Road Bridge/Cliffe TrusUAgreanent - TCE Page 4 of 5 GRANTOR-- Rick RANTORRick L. Cliffe and Gail E. Cliffe, as Trustees of the Rick L. Cliffe and Gail E. Cliffe 2007 Revocable Trust Rap By: L�z 6 ad& Oiif E. Cliffe, Trustee GRANTOR'S MAILING ADDRESS: 9855 Laurel Road Atascadero, CA 93422 CITY OF ATASCADERO By�s (2 "C" r/ Rachelle Rickard City Manager MAILING ADDRESS OF CITY: The City of Atascadero Attn: Deputy Director of Public Works 6500 Palma Avenue Atascadero, CA 93422 Date: -,;3 /c;-6 -202 / Date: d.";3 X/ Date: 41 l ao l Z APN: 054-271-007 City of Atascadero/Santa Lucia Road Bridge/Cliffe Trust/Agreement - TCE Page 5 of 5 Exhibit A + TO LLANO ROAD F SANTA LUCIA ROAD r 1 _ -------- - � �I 5 Temporary Fence to mextend to existing fence PL oPBTw LAn AExseo >/x/zolp � sa�mimm.on \p.mtU�owwOwoVHJW Ynb WLb awa\5W-oWpn\505 - cPCO Project Road Fill Line Is .N ..u'L` Existing �w Way Line 1 A / Bs sEo A �— Temporary Fence to EXHIBIT extend to existing fence GI—REN D"L ENGINEER Limits of New Fence PMN ....° .L o..E ZEK's"w"'"'�r Limits of Fence to be Removed Limits of Temporary Fence APN: 054-271-007 PROPOSED TCE c:..h ROW EXHIBIT SCALE: 1' = 10' RW -1 UNIT PRO..ECT NUMBER 6 PHASE AA " — PRMMMARY NOTES Exhibit B ° i. i ,. FOR DDNPLETE RIOHT OF WAY. SEE RIGHT DP WAY RECORDS MAPS AT THE CITY 0MCE. _ IF-z _ SANrA Luca R5 _ ,�... 29,53'_ - .- EXHIBIT 02N 1/2021 EXHI02/1121LEGEND ___�.�----- R/W RIDNT-DF-WAY �d �_ - �?��^ - � _ - TEE TEMPORARY UR1ETRNCTCN EASEMENT _ � � • M R I gv>xA"� PL PROPERTY UNE I l U:TS D EWIPNENT PARKING _ � C - ENGINEERING TY@ UNITS OF TEMPORARY LONSTRUCTW EASEMENr __ _ ■■■ Y � TEMPORARY DETOUR 1lMRORARY DF1gA1 _ I RM'AIOAN LITS °.. (CONTRACTOR 10 ANOO) - - CONTRACTOR L{ �� 5 AREA C^ CONTRACTORI`} EDUIPMENTTAGING # S PARKING AREA 3023 J TIIlO ro 1 9999 e,IBA, \ j -PRDP09FD ME Y jg 1 6 s k s RICN L TRE ETAL 6 � AN 0 APN:51-Rlt-CD] U � t Q• fj5 CONTRACTOR STAGING SCALE: 1"a10' moa vs] Rl1YD a/2/v�5 ��zx\awnUa.em.o\��e-zo swm me. x.Mmo.q\am - uo iii xw�a�<sA'LLe (AAT PROJECT MMM ! NAM A WO - PREIIW ARY