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HomeMy WebLinkAboutPD RIght of Entry; 851 Irwin StreetRight of Entry Agreement FLA -04 -MRN -101-0016-01 851 Irwin Street, San Rafael CA Professional Investors 34, LLC (the "Tenant") is the lessee of that certain real property located in the City of San Rafael and owned by the State of California, identified as FLA -04 -MRN -101-0016- 01 and more commonly known as 851 Irwin Street, San Rafael CA (hereinafter the "Property".) Tenant hereby requests and grants permission to the City of San Rafael (City), and its employees and agents, to enter upon the Property to post the property, notice persons living and sleeping on the property that they must vacate the property, and remove materials and property posting a risk to the community (hereinafter the "Maintenance Work"). Recitals Whereas, Tenant has notified City that there has been an ongoing trespass of the Property by persons experiencing homelessness, which persons have been residing, sleeping and storing materials and property upon the Property without Tenant or property owner consent. Whereas, Tenant has requested that the City assist in resolving the trespass and maintain- ing the Property including posting the Property, notifying trespassers that they must vacate the Property, and removing certain materials and property posing a health and safety threat and consti- tuting a nuisance to the City of San Rafael and the community at large; and Whereas, City has agreed to assist tenant in maintaining the Property and abating the public nuisance and health and safety risks, which are occurring thereon. In consideration of the rights granted herein, it is understood and agreed as follows: 1. Maintenance Work, Subject to the requirements of this Agreement, the City, its employees, assigns, consultants and contractors shall have the right of reasonable access to the Property for the purpose of posting the Property with a notice to persons residing and/or sleeping on property that they must vacate property and remove materials and/or personal property from the Property in accordance with City of San Rafael Departmental Directive regarding Policy Lexipol Policy 463, Homeless Persons. If the City determines materials and property are being stored or maintained on the Property, the City may remove such materials and/or property after providing reasonable notice to the owners or occupiers of the materials and/or property. Such notice shall be posted at or near the Property and shall provide the owners or occupiers no less than twenty-four (24) hours to re- move said materials and/or property. If the City determines that materials and/or property are (1) abandoned, (2) threaten or will threaten the health, safety and welfare of others and/or tie commu- nity at large, or (3) consist of contraband or evidence of a crime, the City may immediately remove said materials and/or property without providing notice as set forth above. 2 Indemnification. To the greatest extent permitted by law, Tenant hereby covenants, on be- half of itself and its permitted successors and assigns, to indemnify, defend (with counsel approved by City), and hold the City and its elected and appointed officers, officials, employees, consultants, contractors, agents and representatives (collectively, the "Indemnitees") harmless from and against all liability, loss, cost, claim demand, action, suit, judicial or administrative procee ing, penalty, de- fic ei nc ,fine, order, damage an expense incfu3ing without -limitation --attorneys` ees an costs of litigation) (all o e foregoing, coltecttvely"Claims") arising out of or in connection with the Mainte- nance Work, including without limitation, Claims arising in connection with entry onto the Property or otherwise arising out of the exercise of the right of access provided pursuant to this Agreement Tenant's defense and indemnity obligations undjer this section shall not apply to the extent any Claim results from the active negligence or willful misconduct of Indemnitees. Tenant's defense and indemnity obligations pursuant to this section shall survive the expiration or earlier termination of this Agreement. 3. Effective Date This permission to enter and begin Maintenance Work on the Property shall commence on the date that this Agreement is executed by all parties. 4. Termination Date. The permission to enter and conduct the Relocation Assistance on the Property shall terminate four days after the Effective Date on October 17, 2020. after w is t e ity wi re ain no ng r tso eres in t e-roperty whatsoever as a result of this Agreement. Alterna- tively, either party may terminate this Agreement at any time prior to said termination date with no- tice to the other party 5. Authority. Tenant represents and warrants that it has the legal authority to enter into this Agreement and to grant the City the right to enter the Property as described herein. The person signing this Agreement on behalf of Tenant is duly and validly authorized to do so. 6, No Duty Created. Nothing in this Agreement creates a duty or obligation on the part of City to conduct or perform any improvements or maintenance on the Property beyond the Maintenance Work. City shall determine, in its own judgment, the most appropriate means of accomplishing the Maintenance Work, and Tenant agrees that it shall facilitate and not interfere with the Maintenance Work. 7. Entire Agreement. This Agreement contains the entire understanding of the Parties with re- spect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, oral or written with respect to such subject matter. 8, Amendments; Waiver. This Agreement may be amended only by a written instrument exe- cuted by the Parties or their permitted successors in interest. No waiver by a Party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision, including the time for performance of any such provision. 9. Captions; Interpretation. All Parties have had an opportunity to participate in the drafting of this Agreement, and this Agreement shall be interpreted and construed as though prepared jointly by the Parties. Titles and captions are for convenience of reference only and do not define de- scribe or limit the scope or the intent of this Agreement or any of its terms. 10. Counterparts, This Agreement may be executed in any number of identical counterparts and each counterpart shall be deemed to be an original document. All executed counterparts to- gether shall constitute one and the same document, and any counterpart signature pages may be detached and assembled to form a single original document. 2020. IN WITNESS WHEREOF, the Parties have executed this Agreement as of October 13, TENANT mpassetti(aDleasepfi.com / (�iaganature and Date Email and Telephone Number N Mara Passetti, Property Manager [Tenant] CITY OF SAN RAFAEL (415) 485-3070 S' nat r4andat Telephone Number Jim Schutz City Manager Name and Title SR 114838.9151-4053 Q PXA RAF,q� Z 2 �o M,\ rr WITH P CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Police Department Project Manager: Carl Huber Extension: 3197 Contractor Name: Professional Investors 34, LLC Contractor's Contact: Mara Passetti Contact's Email: mpassetti@leasepfi.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DEPARTMENT 1 Project Manager 2 City Attorney 3 4 5 6 7 8 9 10 Department Director DESCRIPTION a. Email PINS Introductory Notice to Contractoor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@citvofsanrafael.org c. Check with City Attorney re Insurance ` Requirements for extra small or large projects a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Project Manager Forward three (3) originals of final agreement to contractor for their signature Project Manager When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 COMPLETED REVIEWER DATE Check/Initial ❑ 10/14/2020 a 10/9/2020 © IND Click hers to e>/p�9VX) /U/A- Click or tap ❑ _ to enter a date. _ ❑ N/A Or 1Oft/ X20 10f/y1zV2D jolt zqo l61/V aO" N//49 Date of City Council approval _ PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form City Attorney Review and approve hard copy of signed agreement City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) City Manager/ Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and City Clerk forwards copies to Project Manager COMPLETED REVIEWER DATE Check/Initial ❑ 10/14/2020 a 10/9/2020 © IND Click hers to e>/p�9VX) /U/A- Click or tap ❑ _ to enter a date. _ ❑ N/A Or 1Oft/ X20 10f/y1zV2D jolt zqo l61/V aO" N//49