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HomeMy WebLinkAboutA6862 - TAHQUITZ CANYON TRAILER PARK - TEMP CONSTRUCTION AGR OF QpLM SAAy City of Palm Springs v m Department of Public Works and Engineering * " 3200 E.Tahquitz Canyon Way • Palm Springs, CA 92262 Tel:(760)323-8253 • Fax: (760)322-8360 • Web: a .palmspringsca.gov c9[/FORN�P SUBJECT: Mesquite Ave. Street Improvements Project, City Project No. 12-01. A P.N • 513-300-062, 393 W Mesquite Avenue, Palm Springs, CA 92264 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT The following right-of-entry and temporary construction agreement is by and between the City of Palm Springs a municipal corporation (hereinafter referred to as "City") and Tahquitz Canyon Trailer Park Inc. (herein referred to as "Grantor"); 1. The right is hereby granted to City to enter upon and use the residential Property of Grantor located in the City of Palm Springs, County of Riverside, State of California, described as follows: A portion of the Property identified as Assessor's Parcel Number 513-300-062, located at 393 W. Mesquite Avenue, Palm Springs, CA 92264, (hereinafter referred to as "Property"); also as shown on the attached construction drawings No. 5111 and 6/11, City Project 12-01, (hereinafter referred to as "Plans"). 2. Grantor hereby grants City a right-of-entry and temporary easement necessary to accomplish the following scope of work as shown on the Plans: construction of new Portland cement concrete sidewalk and re-grading existing slope behind the sidewalk (hereinafter referred to as "Improvements") from the existing curb and putter on Mesquite Avenue extending onto the Grantor's Property approximately 12 feet, to appropriately match the existing grade. 3. City agrees in connection with the rights granted herein, to construct the Improvements at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement and up to and until completion of the Improvements to the satisfaction of the City Engineer. 5. A minimum of 2 business days written notice shall be given to Grantor prior to the City's use of the rights herein granted. 6. It is understood that the City may enter upon Property where appropriate or designated for the purpose of constructing the Improvements. City agrees not to damage the Property in the process of constructing the Improvements, and in the event damage occurs, City agrees to repair such damage to the satisfaction of Grantor. Page 1 of 2 Post Office Box 2743 • Palm Springs, California 92263-2743 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in the condition in which it existed prior to the City's use of the Property, with the additional Improvements on the Property excepted. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein. 10. This agreement is the result of negotiations between City and Grantor. 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. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. This agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his 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. Executed this� 1l lay of 2016, by and between: CITY OF PALM SPRINGS GRANTOR EASTERN SHORES MOBILE VILLAGES a general partnership By: y� i' Farads 6. Fdller. P-E. �T By: F�inser Sheldon Vidibor, Partner APVoriKnTORNEY FO APPROVED BY CITY MANAGER © z_b ATTEST: City Clerk Page 2 of 2