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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Patterson
1 Plaza Cir.
Patterson, CA 95363
Attn: City Clerk
(Space above this line for Recorder’s use)
(Recording fees exempt per Gov. Code, §§ 6103, 27383)
RIGHT OF ACCESS AGREEMENT
This RIGHT OF ACCESS AGREEMENT (“Agreement”) is made by and between CITY OF PATTERSON, a California municipal corporation (“City”), and ________________ (“Property Owner”), the owner of that certain property located at _____________________________, Stanislaus County, California, commonly known as Assessor’s Parcel Number ________________ (“Property”), as more particularly described in Exhibit A attached hereto, with reference to the following:
RECITALS
A. The Zacharias Master Plan (“Master Plan”) is located north of City limits, generally bounded by Zacharias Road to the north, Ward Avenue to east, and Rogers Road to the west.
B. Property Owner and City have entered into that certain WATER/SEWER CONNECTION and SOUND WALL AGREEMENT (dated ______________________) (hereafter, the “Sound Wall Agreement”).
C. Pursuant to the Sound Wall Agreement, Property Owner agreed to provide City, City’s agents, and developers of the Master Plan (“Developers”) with access to the Property, in order to construct and maintain a “Sound Wall” on or adjacent to the Property.
D. For purposes of construction and maintenance of the Sound Wall, Property Owner agrees to provide access to the Property, subject to the terms and conditions provided herein. {CW136568.5}
In consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows:
AGREEMENT
1. Purpose. The purpose of this Agreement is to provide Grantee (defined below) with adequate access to the Property to construct and maintain the Sound Wall in good condition. Maintaining the Sound Wall in “good condition” includes, but is not limited to, preventing damage to the Sound Wall, repairing structural defects, and keeping the Sound Wall clear of graffiti. The parties hereto agree to cooperate with one another to accomplish the purpose of this Agreement.
2. Grantee. This Agreement provides the following parties with access to the Property (collectively, “Grantee”): (a) City, (b) City’s employees, contractors, and agents (“City Agents”), and (c) Developers, including Developer’s employees, contractors, and agents.
This grant of access does not permit access by the general public.
3. Grant of Access. Property Owner hereby grants access to Grantee through, over, and to the Property, as necessary to construct, install, and maintain the Sound Wall. Property Owner shall ensure that its employees, contractors, agents, invitees, and tenants do not interfere with the access required by Grantee to construct and maintain the Sound Wall.
4. Notice of Entry. Prior to entering the Property, City shall provide advance written notice to Property Owner. The notice shall describe which parties will be entering the party and the planned activities on the Property.
5. Duration. The Agreement is intended to be perpetual in duration, unless the parties mutually agree in writing to terminate this Agreement. Upon any such termination, the Parties agree to execute and record such documents as may be necessary to effectuate the termination.
6. Damage to Property. City shall promptly repair any damage to the Property caused by Grantee. Property Owner shall notify City in writing of any repair request. The parties agree to cooperate with one another to complete necessary repairs to the Property.
7. Administration. On behalf of City, the City Manager shall be the one responsible for the administration and interpretation of this Agreement. In the event of any disagreement between the Parties, Property Owner will have the right to request a hearing at a meeting of the City Council.
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8. Covenant Running with the Land. This Agreement is binding upon Property Owner and its successors-in-interest. All terms, covenants, and conditions contained herein shall be binding on all parties having or acquiring any legal title or interest in the Property described in Exhibit A or any part thereof.
9. Notices. Any and all notices or other communications related to this Agreement shall be in writing and shall be deemed received when: (a) personally delivered to the party to whom they are directed; or (b) the earlier of actual receipt or five (5) days following delivery by registered or certified U.S. mail (return receipt requested); or (c) delivered by email, based on the date shown on the sent email (provided that in the event of a notice of default, such email shall be promptly followed by delivery of such notice by another method as provided herein). All notices and communications related to this Agreement shall be directed to the primary representative of the parties, as provided in the respective signature page for each party. Either party may change its address information by giving ten (10) days advance written notice of such change to the other party.
CITY: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Clerk and City Manager
Email: [email protected]
with copies to: City of Patterson
City Hall
1 Plaza Cir.
Patterson, CA 95363
ATTN: City Engineer
Email: [email protected]
White Brenner LLP
1414 K Street, Third Floor
Sacramento, California 95814
ATTN: Nubia I. Goldstein, Esq.
Email: [email protected]
PROPERTY OWNER:
Email:
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10. General Provisions.
(a) Recitals. The Recitals above are hereby incorporated and made part of this Agreement. In the event of any conflict between the Recitals and provisions contained herein, the provisions shall govern.
(b) Waiver. The waiver by any party of a term, condition, or breach under this Agreement does not constitute a continuing waiver or the waiver of a subsequent breach of the same. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
(d) Authority. Each party certifies that he or she is the owner of the applicable parcels subject to this Agreement and is authorized to execute this Agreement, or is otherwise authorized to obligate the party on whose behalf such signature is made. (e) Amendments. All amendments to this Agreement shall be in writing and must be signed by all parties. Nothing herein shall prevent the parties hereto from amending this Agreement subject to mutual agreement.
(f) Calendar Days. All references in this Agreement to a certain number of days will be deemed to mean calendar days, unless stated otherwise. (g) Attorney Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, each party shall be responsible for their own attorneys’ fees.
(h) Interpretation. The parties agree that in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. (i) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for all legal proceedings related to this Agreement shall be in the Superior Court of California, County of Stanislaus.
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IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the dates set forth below.
CITY OF PATTERSON: PROPERTY OWNER:
By: By:
Ken Irwin, City Manager
Print: _________________________
Date: Date:
ATTEST:
Aracely Alegre, City Clerk
APPROVED AS TO FORM:
Nubia I. Goldstein, City Attorney
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EXHIBIT A
Legal Description of Property