MANN PACKING/DEL MONTE
Right-Of-Entry
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("RIGHT OF ENTRY") is entered in this day of , 2024, by and between Del Monte Mann Packing _ (the "OWNER") and the City of Gonzales ("CITY", "OWNER and CITY are collectively referred to as "Parties").
RECITALS
WHEREAS, the OWNER is the owner in fee or a duly authorized agent (Rental or roperty Manager) of that certain real property commonly referred to as APN No. 020-021-05 ddress: 49 Katherine Street, Gonzales, CA 93926, (the "Property" WHEREAS, CITY desires to obtain the OWNER's permission to enter onto the Property, OM PROVE is,, perfor the acid, morporate lary describe in Exhibit"A" (the WHEREAS, the Parties wish to enter into this RIGHT OF ENTRY whereby the OWNER will allow CITY to enter the Property, on a temporary basis, for the purpose of performing the IMPROVEMENTS.
NOW, THEREFORE, the OWNER and CITY do hereby agree as follows:
AGREEMENT
RIGHT OF ENTRY. In consideration of the City's performance of the MPROVEMENTS, the OWNER hereby grants to CITY and its agents, employees, contractors ar ibcontractors the temporary right to enter onto the Property for the purpose of performing tr IMPROVEMENTS and to take any other reasonable actions necessary for performance of the IMPROVEMENTS.
Term. The term of this RIGHT OF ENTRY shall commence when performance of the IMPROVEMENTS begins, and shall automatically terminate upon completion of the IMPROVEMENTS.
CITY shall provide OWNER at least twenty-four (24) hours' notice prior to performance of any IMPROVEMENTS. OWNER shall grant no rights inconsistent with the reasonable exercise by CITY of its rights under this RIGHT OF ENTRY.
Cost. The CITY shall be responsible for all costs and expenses associated with performance of the IMPROVEMENTS, except for those cost or expenses resulting from the negligence or willful misconduct of the OWNER. See Exhibit A for other exceptions, if any.
Performance of the IMPROVEMENTS. Time is of the essence with respect to the performance of the IMPROVEMENTS, and to the extent reasonably feasible, the CITY shall diligently ursue completion of the IMPROVEMENTS.
Safety. CITY shall erect and maintain on the Property, as necessary, reasonable safeguards for safety and protection, including reasonable barriers or posting of danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities.
1 Liens. CITY shall not permit to be placed against the Property, or any part thereof, any design professionals', mechanics', materialmens', contractors', or subcontractors' liens with regard to performance of the IMPROVEMENTS. The CITY agrees to hold the OWNER harmless for any loss or expense, including reasonable attorneys' fees and costs, arising from any such liens which might be filed against the Property.
7. Indemnification. The CITY shall indemnify, defend, and hold OWNER harmless from and against any and all costs, claims, damages or liabilities, including without limitation property damage and personal injury, arising out of or relating to the CITY's entry onto the Property and work performed under this RIGHT OF ENTRY, except where caused by the joint or several negligence or willful misconduct of the OWNER or OWNER's agents, representatives, and/or invitees.
8. Compliance with Laws/Permits. CITY shall, in performance of the IMPROVEMENTS undertaken pursuant to this RIGHT OF ENTRY, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. Without limiting the generality of the foregoing, CITY, at its sole cost and expense, shall obtain any and all permits and approvals which may be required by any law, regulation or ordinance for the IMPROVEMENTS CITY desires to conduct or have conducted pursuant to this RIGHT OF ENTRY.
Inspection. Prior to commencement of the IMPROVEMENTS, the CITY and its representatives, including employees, agents, contractors, subcontractors and independent contractors, may enter and inspect the Property or any portion thereof or any IMPROVEMENTS thereon at any time and from time to time at reasonable times as is necessary for the performance of the IMPROVEMENTS, subject to the terms and conditions of this RIGHT OF ENTRY, and provided that advance notice is given to OWNER.
10. No Real Property Interest. It is expressly understood that this RIGHT OF ENTRY does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to CITY. This RIGHT OF ENTRY is not exclusive and the OWNER specifically reserves the right to grant other rights of entry within the vicinity of the Property to the extent such entry to not frustrate the purpose of this RIGHT OF ENTRY or otherwise limit CITY's ability to perform the IMPROVEMENTS.
No Waiver. It is understood and agreed by the CITY and OWNER that performance of the IMPROVEMENTS is a one-time circumstance; does not create an ongoing maintenance obligation or any other obligation upon the CITY; and does alter or waive the City Municipal Code or any other applicable state or local laws, rules or regulations with respect to ownership, maintenance, or repair of the water distribution system.
Attorneys' Fees. In the event of a dispute between the parties with respect to the terms or conditions of this RIGHT OF ENTRY, the prevailing party shall be entitled to collect from the other its reasonable attorneys' fees as established by the judge or arbitrator presiding over such dispute.
13. Revocable Licenses and Termination. This RIGHT OF ENTRY shall be revocable by the OWNER only if the CITY fails to comply with any provision herein. Revocation may not occur until OWNER has provided the CITY with written notice of the alleged breach and at least ten (10) days to cure. During said 10-day period to cure, the parties hereto shall meet and confer regarding the alleged breach and potential cure. Notice to the CITY of any alleged breach shall be sent to Patrick Dobbins.
Public Works Director, 147 4th Street. Gonzales. CA. If OWNER terminates this RIGHT OF ENTRY at any time after performance of the IMPROVEMENTS has commenced, but prior to the 2 completion of such IMPROVEMENTS, or if OWNER otherwise prohibits or impedes CITY right to enter the Property hereunder, the CITY shall not be liable for any actions, claims, suites, penalties, obligations, liabilities, or damages to the Property, environmental claims or injuries to persons, which may be caused by CITY's performance of the IMPROVEMENTS pursuant to this RIGHT OF ENTRY or arising out of or in connection with pertormance of the IMPROVEMENTS, whether such activities or performance thereot 1s by CITY or anyone directly or indirectly employed or under contract with CITY, and whether such damage or claim shall accrue or be discovered before or after the termination of this RIGHT OF ENTRY.
Restoration of the Property. As part of the IMPROVEMENTS to the Property, CITY shall, at its own cost and expense, restore the Property to a substantially similar condition in which it was prior to CITY's performance of the IMPROVEMENTS; provided, however, that the CITY will not restore private IMPROVEMENTS including, beyond that portion of the irrigation system intended for irrigating street trees. In the event that OWNER terminates this RIGHT OF ENTRY for any reason other than a CITY default and at any time after performance of the IMPROVEMENTS has commenced, but prior to the completion of such IMPROVÉMENTS, the CITY shall not be obligated to restore the Property as described herein.
Continuing Liability. Except as otherwise set forth in this RIGHT OF ENTRY, no termination of this RIGHT OF ENTRY shall release the parties from any liability or obligation hereunder resulting from any acts, omissions or events happening prior the termination of this RIGHT OF ENTRY and restoration of the Property.
Counterparts. This RIGHT OF ENTRY may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this RIGHT OF ENTRY on the date first written above.
CITY OF GONZALES OWNER (or Agent)
By:_ By: _
Carmen Gil, City Manager (Name):
3 EXHIBIT "A"
DESCRIPTION OF WORK
The scope of work is as follows:
1. Access private property to construct 12-inch sewer lateral and interceptor manhole in accordance with the drawings attached herein.
2. Work to be done by licensed, insured contractors as part of the City project to install the Industrial Wastewater Conveyance Pipeline to the future Industrial Wastewater Treatment Facility.
3. Condition will be documented and preserved or repaired if damaged by contractor. location to safe and functional use.
5. Tie-ins will be conducted on Sunday.
Not included:
6. Any work beyond the scope of work as described.
4 CONSTRUCTION NOTES: GENERAL NOTES:
DEL MONTE
FURNISH AND INSTALL NEW MANHOLE AT GRADE PER
NEW MH BOOB 50' MDE TEMPORARY DTL 1. DNG D-1
OR AN DISREANCE ONCE CONSTRUCTION EASEMENT 15 MDE NEW SANITARY · 207834000 SEWER EASEMENT FURNISH AND INSTALL 12° DIA PVC (SDR-26) PIPE "CAUTION 60. 1, ONE O-C° LATERAL TO MANHOLE P2O PER 2. CONTRACTOR TO PROTECT ALL UTILITIES IN PLACE OVERHEAD ELECTRIC UNLESS NOTED OTHERWISE.
APPROXMATE CONTRACTOR SHALL FIELD VERIFY
LOCATION OF LATERALS PRIOR TO CONSTRUCTION.
4. UNLESS OTHERHISE SPECIFIED, BACKFRL AND TRENCH
REPAIR OPERATIONS SHALL BE PER DETAILS 7 & 8
ON DWG D-1.
SHEET NOTES:
1 LATERAL TO BE INSTALLED AT A MINIMUM SLOPE OF RENCH SECTION PER ALL LOCAL STATE. AND
UNDERGROUND MATERN USE OF RONG SECOND STO
ELECTRIC 20" IRRIGATION
6. UNLESS OTHERWISE SPEGFIED, EXISTING MANHOLES
N207896696 010 4, DID EXISTING 24724 SEVEN MARRI DNG D-2 WHILE PERFORMING WORK.
7. POMAN ENTH IS SHOWN ON PLANS FROM CENTER
8. RIM ELEVATIONS FOR MANHOLES AT GRADE ARE
LINE "C" LATERAL CONNECTION APPROXMATE, BASED ON AERIAL TOPOGRAPHY SCALE: 1% 40 SURVEY. THE CONTRACTOR SHALL FIELD ADJUST RIM C-12 TO MATCH EXISTING FRISH GRADE.
9. COORDINATION WTH PACIFIC GAS & ELECTRIC IS
REQUIRED FOR PROTECTION OF OVERHEAD POWER.
NEW 24ª PVC SEWER
IE: 116.93'
ABANDONED SEMEN. CONNECT PIPE INTO
MANHOLE PER DTL
PLUG 10" SEWER WTH NEW 24° PVC SEWE 9, DWG 0-1
RANUFACTURED PLUG
IE: 117.77 IE: 117.13'
NEW MH J15
IE: 118.10'
IE: 118.00'
NEW 24* PVC SEWER • NEW 24° PVC
EX 10" SEWER TO REMAN NEW 4"HDPE SEWER
FORCE MAIN
NOTES: - NEW MH #14
1. CONTRACTOR TO VERIFY LOCATION NEW 60" DIAMETER
AND ELEVATION OF EXISTING SEWER MANHOLE PERIO D-11 NOTES:
AT POINT OF CONNECTION PRIOR TO
CONSTRUCTION. CONTRACTOR TO 1. MALL BE POR 1D. FITTINGS
IOTIFY CITY AND ENGINEER
MMEDIATELY OF ANY DISCREPANCIES.
NEW MANHOLE #15 GRAPHIC SCALE
CALE: 143 NEW MANHOLE #14
NOT TO SCALE SME 1 = 10
No. DATEI REMSIONS DESIGNED: OBR APPROVED BY:
INSPIN CRUCE A5OT CrY OF GONZALES 10076I
CALL: TOLL FREE DRAWN: PARTNER DUDEK INDUSTRIAL SEWER COLLECTION SYSTEM 1-800 P.E. NO. DRAING NO.
CHECKED: KEP D-4
227-2600 PROVECT ENGINEER P.E. NO.
DETAILS SHEET NO.
DATE: 5/24/24 DISCIPLINE ENGINEER PE. NO. 18 or 20
GENERAL NOTES:
DWG D-1
E: 121.30°1
NEW 8* PVC 2. CONTRACTOR TO PROTECT ALL UTTES IN PLACE
CAST-IN-LADE UNLESS NOTED OTHERWISE
3. LOPROMA CONTRACTOR SHALL PEN ARE
LOCATION OF LATERALS PRIOR TO CONSTRUCTION.
* NEPAL TOOLAPAY SURVEY. ARE CONTRACTOR SHAL
CONNECT TO EX PIPE - K: 1215 PC SEMER FIELD ADJUST RIM TO MATCH EXISTING FINISH GRADE.
HTH FLEXIBLE COUPLING
(FERNOO MODEL NO 1056 OR EO) - NEW MANHOLE RO
DNG D-1.
IE: 121.17
NOTES:
MAINTAIN CONVEYANCE
NSTALLATION OF LATERAL COORDINATION IS REQUIRED
PVC FLANGE ADAPTOR FOR BYPASS/SHUTDOWN OF LATERAL
INSTRUCTION.
3. ALL CONSTRUCTION FOR DIVERSION MANHOLES TAKES VALVE WEE TRAVE WELL PLACE ON PRIVATE PROPERTY.
MIN → SURFACE
CEll
NEW DIVERSION MANHOLE #20 ASPHALI CONCRETE RING
NOT TO SCALE
8° PVC CL200, C-900- WEIS SAVE TVIS STANCE IS GREATE
LENGTH BATE WED - PAINE PER
INSTAL
PUC SEWER
PVC FLANCE ADAPTOR-
(HARCO SPECIFIED •PIPE PER PLANS
FITTINGS OR EQUAL)
CONNECT ER 1L NG 0-1 IE: 125.27
185 so,
ATINGS OR ECUAL) PNe SEVER NOTES:
PC SE Nai * POISONE NUTRAL NOT BE ATTACHED BOLTED
2 DARE ME AND ASSE ROS ARE USED
GATE WELL, STEM EXTENSION
AND VALVE CAN DETAIL
E: 125.6* PVC SE WER NOT TO SCALE
FULL PORT PLUG -
THIS DAC NEW MANHOLE $21
IE: 125.58'
(FERNCO MODEL NO 1058 OR EQ)
NEW DIVERSION MANHOLE #21
NOT TO SCALE
DATE REVISIONS DESIGNED: CBR
UNDERGROUND SERMOE ALERT APPROVED BY: CITY OF GONZALES
CALL: TOLL FREE DRAWN: PARTNER DUDEK INDUSTRIAL SEWER COLLECTION SYSTEM DRAWING NO.
P.E. NO.
227-2600 CHECKED: KEP PROVECT ENGINEER P.E. NO. D-5
DATE: 5/24/24 DETAILS SHEET NO.
DISCIPLINE, ENGINEER P.E. NO. 20 or 20