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PW 700 Irwin Street Temporary Construction EasementAGREEMENT RE GRANT OF TEMPORARY CONSTRUCTION EASEMENT San Rafael THIS AGREEMENT is entered into this -- ie,�Aay of 021, by and between the ("Grantor") and the City of San Rafael ("City"). WHEREAS, in connection with freeway improvement work on and around the northbound U.S. 101 exit to Central San Rafael, City wishes to obtain from Grantor a Temporary Construction Easement (TCE) over a portion of real property owned by Grantor in the City of San Rafael, commonly known as being Assessor's Parcel No. 014-132-12; and WHEREAS, a form of Temporary Construction Easement Deed ("TCE Deed"), covering the property needed for the TCE, has been executed by Grantor and delivered to Bill Guerin, Public Works Director for the City. A form of this TCE Deed is attached hereto as Exhibit A and shall be recorded unchanged in this form following execution of this agreement. IN CONSIDERATION OF WHICH, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) 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. (B) Grantee requires said property described in the TCE Deed for State highway purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to provide the requested property interest, and the City is compelled to acquire the property interest. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The City shall: (A) Pay the undersigned Grantor the sum of $10,000.00 for the interest conveyed by the attached TCE Deed when title to said property vests in City subject to all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes. 3. It is agreed and confirmed by the parties hereto that not withstanding other provisions in this contract, the right of possession and use of the subject property by City, including the right to remove and dispose of improvements, shall commence on April 1, 2021 and terminate on November 30, 2022. Grantor shall have use of the property until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the tenns of the Temporary Construction Easement may be extended by an amendment to this Right of Way contract. Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to the grantor for the extension prior to the expiration of the original period. The Resident Engineer shall notify the Grantors at Page 1 of 4 telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 4. The undersigned grantor warrants that they are the owner in fee simple of the property as described in the TCE Deed attached and that they have the exclusive right to grant this easement. Grantor warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor further agrees to hold City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one month. 6. In consideration of the City's waiving the defects and imperfections in all matters of record title, the undersigned Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract. 7. City agrees to indemnify and holds harmless Grantor from any liability arising out of City's operations under this agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this agreement and City will, at its option, either repair or pay for such damage. 8. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said action. 9. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. 10. At no expense to the Grantor and at the time of construction, the City shall remove Grantor's existing improvements, if necessary, in the temporary construction easement area. After construction is complete, City will remove the temporary fence and replace/reconstruct the Grantor's landscaping and improvements, if necessary. 11. Permission is hereby granted to City or its authorized agent to enter on my/our land, where necessary, to remove, reconstruct and/or replace the Grantor's landscaping and irrigation, as shown on the map and as described in Clause 10 of this Contract. 12. Grantor understands and agrees that after completion of the work described in Clause 10 of this Contract, the improvements, referenced in Clause 11, in the temporary construction easement area will remain the sole property of the Grantor and the Grantor will be responsible for its maintenance and repair. 13. The Grantor agrees that no permanent fixtures shall be placed on the easement area after the commencement date of this easement; and the planting of any crops, trees, shrubs, alterations, repairs, fences or additions to existing improvements, which may hereafter be placed thereon, are at Grantor's risk and without expectation of payment if removed by the City. Grantor agrees to keep the premises in a neat and clean condition. 14. The Grantors hereby represent and warrant that, to the best of their knowledge, during the period of Grantors' ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantors further represent and warrant that Grantors have no knowledge of any disposal, release, or threatened release of Page 2 of 4 hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantors taking title to the property. The Acquisition price of the property interest being acquired as a temporary construction easement in this transaction reflects the fair -market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 15. This transaction will be handled through an internal escrow by the City of San Rafael, 1400 Fifth Avenue, San Rafael, California 94901. In Witness Whereof, the Parties have executed this agreement the day and year first above below. CITY OF SAN RAFAEL Ji Sch tz Ci ager ATTEST: By: �' /V Zc't/�. _Ar�mdsay Lara Lindsay Clerk APPROVED AS TO FORM: By:.A � 6 �� � kt Robert F. Epstein City Attorney Date: L /J 2 Date: 6 �� Date: !Z Z No Obligation Other Than Those Set Forth Herein Will Be Recognized Page 3 of 4 EXHIBIT A Form of TCE Deed Page 4 of 4 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City of San Rafael 1400 Fifth Ave. San Rafael, CA 94901 Attn: City Clerk No Tax Due Exempt Transfer Rev & Tax Code § 11922 Exempt from recording fee: Gov. Code § 27383 SPACE ABOVE FOR RECORDER'S USE ONLY APN: 014-132-12 CITY OF SAN RAFAEL TEMPORARY CONSTRUCTION EASEMENT DEED hereinafter referred to as "GRANTOR", GRANTS to CITY OF SAN RAFAEL, A CHARTER CITY AND MUNICIPAL CORPORATION, hereinafter referred to as GRANTEE, in the County of Marin, State of California, a temporary work area easement and right-of-way in, on, over and across the land described in Exhibit "A" and "B" attached hereto and made a part hereof, for a period not to exceed twenty (20) months, commencing on April 1, 2021, for use by the GRANTEE, its representatives, agents, and contractors as a borrow area/work area, including the right to borrow and/or deposit fill and spoil material thereon, move, store and remove equipment and supplies, erect and remove temporary structures on the land, and to perform any other work necessary and incident to the construction of the US 101 / Second Street Northbound Off -Ramp Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to GRANTOR, its heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads, and pipelines. This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF the first parties have executed this Temporary Construction Easement Deed this day of �- , 2021. �� / CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of M3f\v' J} On 0\o rCy-1 2cu2c2 1 before me, le)n Ol wkoI �5 � �c�y i �iC` �Z1� ��bl\ C - Date Here Insert Name and Title of the Officer personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 02018 National Notary BRIANNA CASTALDO Notary Public - California Mann County Commission a 2292126 My Comm. Expires Jin 9 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Signature of Notary Public yr I wnr�1. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): 11 Partner — 11 Limited El General 11 Individual El Attorney in Fact 11 Trustee El Guardian or Conservator 11 Other: Signer is Representing: Association Number of Pages: Signer's Name: 11 Corporate Officer — Title(s): 11 Partner — 11 Limited 11 General 11 Individual 11 Attorney in Fact ❑ Trustee ii Guardian or Conservator ❑ Other: Signer is Representing: 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: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Contractor's Contact: Tara Callahan Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step f RESPONSIBLE DESCRIPTION COMPLETED REVIEWER t DEPARTMENT _ + DATE Check/Initial ❑ 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A b. Email contract (in Word) and attachments to City 3/9/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 3/18/2021 ❑X LG and return to Project Manager 3/18/2021 ® LG b. Confirm insurance requirements, create Job on (N/A) Department Director PINS, send PINS insurance notice to contractor ❑ 3 Approval of final agreement form to send to Click or tap contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 6 Project Manager City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds L/I (for Public Works Contracts) I Z)ZD?-1 9 City Manager/ Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager�� 6vvm