HomeMy WebLinkAbout25N050 - Eighteen Sac Self-Storage CorporationCONTRACT ABSTRACT
Contract/Amendment
Name of Contract: Temporary Construction Easement Agreement
Company Name: Eighteen SAC Self -Storage Corporation
Company Contact: Stuart Shoen, Vice President
Email:
Summary of Services: APN 680-190-039, Ramon Road Bridge Widening Project, City
Project 08-25
Contract Price: $25,700
Contract Term: 5 years
Public Integrity/ Business N/A
Disclosure Forms:
Authorized Signers:
Name, Email Stuart Shoen
(Cwpoiatims require 2 WWwk es)
Contract Administration
Lead Department: Engineering Services
Contract Administrator/ Ext: Joel Montalvo X8339
Contract Approvals
Council/City Manager Approval Date: TBD
Agreement Number: 25NO50
Amendment Number: N/A
Contract Compliance
Exhibits: Yes
Insurance: N/A
Business License: N/A
Sole Source
Sole Source -
Documents: CITY CLERK: Please return ALL
documents to Engineering
including the Certificate of
Acceptance (attached).
Submitted on: 02/11/2025
Routed By: Department
Bonds: N/A
Co-op
CoOp Agmt #: N/A
CoOp Name:
CoOp Pricing:
By: Vonda Teed
City of Palm Springs
3200 E. Tahquirz Canyon Way • Palm Springs, California 92262
Tel: (760) 323.8299 • Fax: (760) 323.8207 • Web:
www. oalmsnrinesca.ecw
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 25N050
PROJECT: Ramon Road Widening Project
Federal Proiect No. BHLS-5282f040)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, (the "Agreement"), is hereby made this
Z-Y- day of 2025, by and between the City of Palm Springs, a California charter city
and municipal corpo ation, organized and existing in the County of Riverside, under and by virtue
of the laws of the State of California, hereinafter designated as "Grantee", Eighteen SAC Self -
Storage Corporation, a Nevada corporation, hereinafter designated as "Grantor". Grantee and
Grantor are individually referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
A. Grantor is the owner of certain real property located in the City of Cathedral
("City"), the County of Riverside, ("County"), State of California, ("State"), which is identified by
County Assessor Parcel Number 680-190-039 (referred to as "Easement Area").
e. Grantee desires to obtain from Grantor a temporary construction easement over
a portion of the Property, and Grantor hereby agrees to authorize Grantee and its assignees,
including its contractor(s), to enter, for a limited duration and term subject to the conditions
herein this Agreement, a portion of the Property as described on the attached legal description,
referenced as Exhibit "A", and shown on the attached map, referenced as Exhibit "B" ("Easement
Area"), which are attached hereto and incorporated herein by reference.
C. The Parties desire by this Agreement to provide the terms and conditions for the
Grantee's acquisition from Grantor of a temporary construction easement, as defined below,
over the Easement Area.
D. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of
Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This
requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-
Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49
C.F.R. Part 21 and 28 C.F.R. Section 50.3.
Temporary Construction Easement Agreement
Page 1 of 9
E. No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity that is the subject of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the Parties of the promises, covenants,
and conditions herein contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Grantor hereby grants to City and its assignees, including its contractor(s), the right to
enter upon and use Grantor's Property in the City of Cathedral City, Riverside County,
State of California, described as County Assessor's Parcel Number 680-190-039 for all
purposes necessary to facilitate and accomplish the construction and installation of
various public street improvements associated with the Ramon Road Widening Project,
Federal Project No. BHLS-5282(040), ("Project").
2. The Temporary Construction Easement (TCE), used during construction of the Project
consists of approximately 2,335 square feet as described in the Easement Area.
3. It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in
this Agreement, the right of possession and use of the Easement Area by the Grantee,
including the right to remove and dispose of improvements, shall commence on
December 31, 2024 and the amount shown in Clause 15 herein includes, but is not limited
to, full payment for such possession and use, including damages, if any, from said date.
The TCE will expire on December 31, 2029. Upon the City's recordation of a Notice of
Completion for the Project with the Riverside County Recorder's Office, the TCE granted
herein shall be automatically surrendered by Grantee, and Grantee's interests thereto
shall be automatically reverted to Grantor as if quitclaimed by Grantee and shall no
longer represent any title interest of orto Grantor's Property. Nevertheless, if requested
by Grantor following such termination, City will execute a quitclaim deed confirming such
termination.
4. It is understood and agreed that the amount payable in Clause 15 includes compensation
in full for the actual possession and use of the Temporary Construction Easement
identified as Assessor's Parcel Number 680-190-039 for the period commencing on
December 31, 2024 and terminating on December 31, 2029. This easement may also be
terminated prior to the above date by the Grantee upon written notice to the Grantor. In
the event it is anticipated the use will extend beyond the prescribed time, the City and
the Grantor shall enter into an amendment contractto extend the term of the Temporary
Temporary Construction Easement Agreement
Page 2 of 8
Construction Easement. The City shall provide Just Compensation for the extended
period.
5. The rights granted herein include the right to enter upon and to pass and repass over and
along the Easement Area, and to deposit tools, implements and other materials thereon
by City, or its successors and assigns, its officers, agents and employees, and by persons
or entities under contract with City, its successors and assigns, wherever and whenever
necessary for the purpose of completing the Project in accordance with applicable laws.
The City's activities may involve surveying, staking, excavation, grading, and other related
uses that are reasonably required to construct the Project. City agrees not to damage
Grantor's property in the process of performing such activities. At all times during the
term of this Agreement (and during construction of the Project), Grantor's Property will
remain accessible for Grantor's ingress and egress.
6. At the termination of the period of use of Grantor's Property by City, but before its
relinquishment to Grantor, debris generated by City's use will be removed and the
surface will be graded, if applicable, and left in a neat condition.
7. Any notice to be given or other document or documents to be delivered to either Party
by the other hereunder may be delivered in person or may be deposited in the United
States Mail in the State of California, duly registered or certified, with postage prepaid,
and addressed as follows:
If to Grantee, to:
Attn: City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Facsimile No.: (760) 322-8332
Telephone No.: (760) 323-8204
If to Grantor, to:
Eighteen SAC Self -Storage Corporation, a Nevada corporation
Attn: Sylvia Brooks
1250 E. Missouri Avenue
Phoenix, AZ 85014
Telephone No.: (951) 204-8671
8. To the extent permitted by law, City (or its contractor) shall indemnify, defend and hold
harmless Grantor from all losses, liabilities, costs, damages, expenses, causes of action,
suits, claims or judgments, including attorney's fees and costs, (collectively, "Claims")
arising directly out of or in connection with any act or omission of City, its employees,
Temporary Construction Easement Agreement
Page 3 of 8
representatives, agents, suppliers or subcontractors, pursuant to this Agreement or
otherwise, provided, however, that the foregoing duty to defend, indemnify and hold
harmless the Grantor from and against any Claims shall not apply to any Claims arising
from the negligence or intentional misconduct of Grantor.
9. The City or the City's contractor may provide Grantor with thirty (30) day advance
notice prior to the commencement of construction activities on the Property. Prior to
the commencement of the City's construction activities on the Property, Grantor agrees
to hold harmless, defend and indemnify the City, its officers, directors, employees and
agents against any and all claims including property damage or injuries resultingfrom the
use of the area within the Property by Grantor and/or Grantor's guests, invitees, or any
other person. The City shall not be deemed to have control of the Property nor duty to
maintain the Property in a safe condition prior to the time the City orthe City's contractor
commences construction activities on the Property.
10. Grantor hereby warrants that they are the owners of the Property described above and
that they have the right to grant City, its successors or assigns, permission to enter upon
and use the Easement Area.
11. 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.
12. This Agreement shall not be changed, modified, or amended except upon the written
consent of the Parties hereto.
13. This Agreement supersedes any and all other prior agreements or understandings, oral
or written, in connection therewith.
14. Grantor, its assigns and successors in interest, shall be bound by all the terms and
conditions contained in this Agreement, and all the Parties thereto shall be jointly and
severally liable thereunder in accordance with Civil Code Section 1468.
15. City shall pay to Grantor the total sum of Twenty -Five Thousand seven Hundred dollars
and no cents ($25,700.00), ("Rental Price"), forthe right to enter upon and use Grantor's
land in accordance with the terms hereof. Grantor hereby expressly and unconditionally
waives any and all claims for damages, relocation assistance benefits, severance
damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable
pre -condemnation conduct, or any other compensation or benefits, other than for
payment of the Rental Price, it being understood that the Rental Price constitutes
complete and full settlement of all acquisition claims, liabilities, or benefits of any type
or nature whatsoever, whether known or unknown as of the date of this Agreement,
relating to or in connection with the TCE or any other rights granted under this
Temporary Construction Easement Agreement
Page 4 of 8
Agreement. Payment shall be made within thirty (30) days after execution of this
Agreement, or pursuant to the terms of and through the close of escrow if acquisition of
the TCE is associated with the City's acquisition from Grantor of permanent right-of-way
over a portion of the Property.
Grantor hereby acknowledges that it has been advised by its attorney and is familiar with
the provisions of California Civil Code section 1542, which provides as follows:
"A general release does not extend to claims which the Creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with
the debtor."
By signing below, Grantor acknowledges that it may have sustained damage, loss, costs
or expenses which are presently unknown and unsuspected, and such damage, loss, costs
or expenses which may have been sustained, may give rise to additional damage, loss,
costs or expenses in the future. Nevertheless, Grantor hereby acknowledges that this
Agreement has been negotiated and agreed upon in light of that situation, and hereby
expressly waives any and all rights which it may have under California Civil Code section
1542, or under any statute or common law or equitable principal of similar effect, except
as set forth in this Section 14.
(SIGNATURE PAGE FOLLOWS]
Temporary Construction Easement Agreement
Page 5 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first
above written.
GRANTEE:
CITY OF PALM SPRINGS, a California charter
city and municipal corporation
By: A/� —
Scott C. Stiles, City Manager
ATTEST:
By:
_/,A WJ/"
Brenda ree, MC, CERA, City Clerk
APPROVED AS TO FORM:
By: /
Jeffr�ge , squire, City Attorney
Attachments
GRANTOR:
Eighteen Self -Storage Corporation, a
Nevada corporation
By:
Name: SV%Ak1r Sine—n
Date: 1 1-21 /K
La
Name:
Exhibit A Legal Description of the Easement Area
Exhibit B Depiction of Easement Area
Temporary Construction Easement Agreement
Page 6 of 8
Exhibit "A"
LEGAL DESCRIPTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Page 7 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
APN 6OD-190-031 EIGHTEEN SAC SELF STORAGE CORP.
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY CONSTRUCTION EASEMENT AREA:
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, A PORTION OF PARCEL 1 OF '_ANC DESCRIBED IN GRANT DEED,
RECORDED DECEMBER 31, 2001 AS DOCUMENT NO. 2001.652970 OF
RIVERSIDE COUNTY RECORDS, LOCATED IN THE NORTHWEST QUARTER OF
SECTION 21, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT
ALSO BEING THE CENTERLINE INTERSECTION OF LANDAU BOULEVARD AND
RAMON ROAD,
THENCE NORTH 89'55'50' EAST, ALONG THE NORTHERLY LINE OF SAID
SECTION 21 AND THE CFNTERLNNE OF RAMON ROAD A DISTANCE OF 323 1'
FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'1600' EAST. A DISTANCE
OF 58.26 FEET TO A POINT ON THE WESTERLY LINE OF: SAID DOCUMENT, ALSO
BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 88"35'02' EAST, A DISTANCE OF 138.70 FEET;
THENCE NORTH 89'55'50' EAST. A DISTANCE OF 145.36 FEET;
THENCE SOUTH 54.25'59' EAST, A DISTANCE OF 3076 FEET:
THENCE SOUTH 00`1600' EAST, A DISTANCE OF 0 17 FEET;
THENCE NORTH 54'25'59' WEST A DISTANCE OF 32.77 FEET:
THENCE SOUTH 89'55'SO' WEST. A DISTANCE OF 130 45 FEET;
THENCE SOUTH C0'04'10- EAST. A DISTANCE OF 5.00 FEET:
THENCE SOUTH 89'55'SO' WEST A DISTANCE OF 13.18 FEET,
THENCE SOUTH 68'35'02' WEST, A DISTANCE OF 138.78 FEET TO A POINT ON
3AID WEST LINE
THENCE ALONG SAID WEST L INE NORTH 00"IF00" WEST, A DISTANCE OF 10.00
FEET, TO THE TRUE POINT OF BEGINNING,
1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
APN 680-190-031 EIGHTEEN SAC SELF STORAGE CORP.
TEMPORARY CONSTRUCTION EASEMENT
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND RIGHTS -OF -
WAY OF RECORO,
CONTAINING 2,336 SQUARE FEET OR 0.054 ACRES MORE OR LESS.
AS DEPICT[D ON EXHIBIT "B" ATTAC4 ICD I ICRCTO AND MADC A PART I IERCOC.
PREPARED AY OR UNDER THE DIRECTION OF:
CHARLES R_ HARRIS P.LS, 4989
DATED: Il "? B
2or2
Temporary Constructicn Easement Agreement
Exhibit 'A'
Exhibit "B"
DEPICTION OF THE EASEMENT AREA
Temporary Construction Easement Agreement
Page 8 of 8
Exhibit "B"
DEPICTION CF THE EASEMENT AREA
n
TEAVORARY CONSTRUOTIDN EASEMENT
APN Oe0-10O"O01 IDGNTEEM SAC SELF STORAGE CORP.
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Temporary Construction Easement Agreement
Exhibil 'B"
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262
Tel: 760.323.8204 • Fax: 760.322.8332 • TDD 760.864.9527 • www.paimspringsca.gov
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by:
TEMPORARY CONSTRUCTION EASEMENT
From: Eighteen SAC Self -Storage Corporation, a Nevada corporation
APN# 680-190-039
Grantor, to the City of Palm Springs, a municipal corporation and charter city, Grantee, is
hereby accepted by the City Clerk of said City of Palm Springs, on this 5 day of
` yzk 2025, pursuant to authority granted by the City Council of said City, by Resolution
No. 20255 made on the 16t' day of January, 2002, and the Grantee consents to
recordation thereof by the City Clerk, its duly authorized officer.
S +h
Dated at Palm Springs, California, this day of %y%ci 2025.
4 PALMS
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BRENDA PR , MMC, CERA
City Clerk