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HomeMy WebLinkAbout97-123 CC ResolutionRESOLWrION NO. 97-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMF_L~LA APPROVING THAT CERTAIN "RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AG~" BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC. THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RF3OLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the design of the improvements for the 1-15/Highway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the realignment of streets near the property owned by Electrend, Inc. C. As part of the construction of the street improvements it is necessary for the City to obtain a right of entry for temporary construction use of the property designated in the attached agreement. D. Acceptance of the right of entry for temporary construction purposes promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temecula hereby approves that certain "Right of Entry and Temporary Construction Agreement' between the City of Temecula and Electrend, Inc. attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Agreement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the implementation of the Agreement described in Section 2. Rcaoa\97-123 1 PASSED, APPROVED AND ADOPTEI~ by the City Council of the City of Temecula on the 18th day of November, 1997. ATrEST: Patricia H. Birdsall, Mayor Ju CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97-123 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 18th day of November, 1997, by the following vote: AYES' 5 COUNCILMEMBERS: Ford, Lindemaas, Roberts, Stone, Birdsall NOES 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS' None June S. Gree~-,, ~L-~V[C/AAE City Clerk Resos\97-123 2 EXHIBIT "A" CITY OF TEMECULA (Herein referred to as 'City'), and ELECTREND, INC. (Herein referred to as 'Grantor') Project: 1-15/Hwy 79 - South Interchange A.P.N.: 922-110-029 and 922-110-030 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT 1. The right is hereby granted City to enter upon and use the land of Grantor in the County of Riverside, State of California, described as: . . . . APN 922-110-029 and 922-110-030, highlighted on the map attached hereto, and made a part hereof for all purposes necessary to facilitate and accomplish the construction of the I-15/Hwy 79 - South Interchange Project. A fourteen (14) day written notice shall be given to Grantor prior to using the rights herein granted. The rights herein granted may be exercised for twelve (12) months after the fourteen (14) day written notice, or until completion of said project, whichever shall be sooner. It is understood that the City, and/or its contractors or agents may enter upon Grantor's property where appropriate or designated for the purpose of getting equipment to and from the easement area. City and/or its contractors or agents agree not to damage Grantor's property in the process of performing such activities. The right to enter upon and use Grantor's land includes the right to remove and dispose of real and personal property located thereon. Grantor reserves the right to remove salvable real and personal property on or before the expiration of the fourteen (14) day written notice. If said property is not removed in its entirety at Grantor's expense, on or before said date for any reason whatsoever, the right to remove said property shall terminate and said property will become property of City to dispose of at its discretion. City, its employees, contractors, and/or agents shall relocate existing light fixtures, guard posts, air pumps and/or valves and telephone facilities to an alternate location to be- provided or specified by Grantor. Said alternate location shall be reviewed and approved by City. Existing landscaping, including, but not limited to shrubs, trees, and irrigation lines, on Grantor's property may be affected by project construction. Said landscaping shall either be replaced in like kind by City after completion of construction under separate contract; or shall provide sufficient funds, as negotiated between City and Grantor, to Grantor to replace existing landscaping affected by construction. Full access shall be maintained at both existing accesses to Grantor's land at all times without impedance. FI:~MT~LDA~ T~E[ECTREN .AG~I~ m . . 10. 11. 12. Iil III III At the termination of the period of use of Grantor's land by City, but before its relinquishment to Grantor, debris generated by City's use, will be removed and the surface will be graded and left in a neat condition. Grantor shall be held harmless from all claims of third persons arising from the use by City of Grantor's land. Grantor hereby warrants that it is the owner of the property described above and that it has the right to grant City permission to enter upon and use the land. This agreement is the result of negotiations between the parties hereto. This agreement is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. This agreement supersedes any and all other prior agreements or understandings, oral or written, in connection therewith. 2 R:~'kGMTS~DAGMT~"~LECTREN.AGR/Mi~ 13. Grantor, its assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all parties thereto shall be jointly and severally liable thereunder. Date: . ,. ... ELECTREND, INC. By: ~ CITY OF TEMECULA Patricia H. Birdsall, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk Dated: