Property Access Agreement
AGREEMENT REGARDING ACCESS TO AND USE OF REAL
PROPERTY IN ORDER TO IMPLEMENT A HABITAT
RESTORATION PROJECT
This agreement is entered into by the Resource Conservation District of Monterey County (RCDMC), and the City of Gonzales (City).
PERTINENT FACTS
A. The City owns certain real property ("the property"), located in Monterey County, California, as shownin Exhibit A, which is incorporated by reference and attached hereto.
B. RCDMC is a Resource Conservation District organized under California Public Resources Code Section 9001 et seq.
C. RCDMC has been contacted by the City to assist in restoring the natural resources and enhancing habitat on the said property, and RCDMC seeks to provide this assistance.
D. On January 13, 2023, the State Wildlife Conservation Board ("the Board"), an agency of the State of California established under Division 2 of the Fish and Game Code, authorized a grant to the California Association of Resource Conservation Districts, which is administering a block grant on behalf of Resource Conservation Districts throughout the state of California including RCDMC, to undertake on the property certain habitat restoration projects.
E. The grant agreement requires that RCDMC enter into an agreement sufficient to protect the public interest in any restoration projects implemented under the Board's grant, and to ensure that RCDMC has permission to implement and monitor projects on the owner'sland.
EXHIBIT A
RCDMC AND THE CITY OF GONZALES AGREE AS FOLLOWS, in light of the Pertinent Facts, above:
1. DURATION. This Agreement shall take effect when fully executed on the date last signed below, and shall be in effect for ten (10) years, unless the Agreement is terminated earlier by mutual agreement in writing by the parties, with the written consent of the Executive Director of the Board.
City may also terminate this Agreement in the event its City Council has approved a development project and any construction on the Property is scheduled to begin during the term of this Agreement. City shall keep RCDMC informed of any such projects and timelines for the project and provide 30 days’ notice to RCDMC of such termination.
2. CONSTRUCTIVE NOTICE The terms, conditions and restrictions of this Agreement, the Board’s grant agreement, and the provisions of the project shall be binding upon, and inure to, the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the land for the Project Life,for ten (10) years from execution of the agreement.
This document, substantially as shown, shall be signed by RCDMC and the City and may be recorded with the appropriate County Recorder's Office. In addition, the City shall notify prospective buyers, lessees, or operators of the property to make them aware of this project and this Agreement.
3. ACCESS BY RCDMC. RCDMC shall have access to the property, with prior written or verbal notice to the City, to accomplish the purposes of this Agreement, including monitoring during the entire term of this Agreement.
4. RESTORATION AND MAINTENANCE. RCDMC shall implement a restoration project on the property in accordance with the grant agreement, including, eradication of non-native plants, collection of seeds or cuttings, and planting of appropriate native species. RCDMC shall maintain the project during the implementation phase of this agreement and shall monitor and maintain the improvements as necessary to maintain the habitat value and/or the functionality of the installed infrastructure during the management and maintenance portion of this agreement.
5. INSPECTION. RCDMC and the City shall permit the Board, its agents or employees, and the Department of Fish and Wildlife to visit the project site at agreed-upon intervals, but not less than once every three years, during the term of this Agreement to determine whether the site is being restored andmaintained in a manner consistent with the grant agreement.
6. CITY’S USE OF THE PROPERTY. Except as provided in this paragraph, the City reserves the right to use the property in any manner, provided that its use does not unreasonably interfere with RCDMC’s rights under this Agreement. During the term of this Agreement, the City shall use the property and habitat improvements in a manner consistent with the purposes of the grant agreement; this includes, but is not limited to, refraining from harming, damaging, removing, altering, or interfering with the restored sites.
In the event the City uses the Property in a manner that harms, damages, removes, alters or interferes with the Project Restoration site, then City agrees to work with RCDMC to identify another location for the Restoration Project, in a size equivalent to the amount of the Restoration Project site that is harmed, damaged, removed or altered. City agrees to implement the relocated Restoration Project within one year, and to use the alternative Restoration Project site in a manner consistent with the purposes of the grant agreement for the remaining term of this Agreement.
City Shall provide advance written notice to RCDMC of any proposed project that would impact the Property and the parties shall meet to discuss modifications proposed by the City and any potential impacts to the restoration Project and Property.
7. LIABILITY. RCDMC shall be responsible for, indemnify and save harmless the City Council, its officers, agents, and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the property and improvements on it, except for active negligence of the City or City Council, its officers, agents or employees. The duty to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. RCDMC waives any and all rights to any type of express or implied indemnity or right of contribution from the Board, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to the project, the property, and improvements on it.
8. AUTHORIZING SIGNATURES
Resource Conservation District of Monterey County
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