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Home My WebLink About02-27-2015 Temporary Entry Agreement - MI San Luis Ranch - 1035 Madonna RoadRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 APN: 067-121-022 DO YIIA-� 'C-Z,C,6'Tj No Recording Fee — Public Agency RIGHT OF TEMPORARY ENTRY AGREEMENT (Calle Joaquin Sewer Force Main Replacement Project) This RIGHT OF TEMPORARY ENTRY AGREEMENT ("Agreement") is made and entered this 2S' day of G5 ca, 2015 ("Effective Date") by and between the City of San Luis Obispo, a municipal corpoifition and charter city ("City"), and MI San Luis Ranch, LLC, a Delaware limited liability company ("Owner"). WHEREAS, Owner is the owner of that certain real property located at 1035 Madonna Road, San Luis Obispo, California, APN: 067-121-022 (the Property"); and WHEREAS, City desires to obtain Owner's permission to enter onto a portion of the Property, on a temporary basis, in order to perform that certain utilities project commonly referred to as the Calle Joaquin Sewer Force Main Replacement Project (the "Project") which consists of the replacement of approximately 2,700 feet of sewer force main, a portion of which is located within the Property. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Right of Temporary Entry. Owner hereby grants to City its agents, employees and contractors the temporary right to enter upon that portion of the Property as depicted in Exhibit "A" attached hereto and incorporated herein by this reference, for the purpose of construction of the Project, subject to the following limitations: a. No equipment or materials shall be stored on the Property; b. The Property shall not be used by the City or its agents or contractors for the purposes of work breaks or lunch breaks; c. No smoking shall be allowed on the Property at any time; d. All trash, discarded materials and similar debris shall be cleaned up at the end of each work day; and e. City shall be solely responsible for coordinating all work regarding the Project with the current tenant of the Property and shall, to the extent reasonably possible, limit any impacts to such tenant's farming operations on the Property. City acknowledges that its duty to indemnify Owner pursuant to Section 4 below Right of Temporary Entry Agreement 1035 Madonna Road, San Luis Obispo Page 2 includes any claims made against Owner by the current tenant of the Property arising from City's entry onto the Property and construction of the Project. 2. Term. This Agreement shall commence on 8:00 a.m., Monday, February 1, 2015 and shall remain in full force and effect until completion of the Project or 5:00 p.m., Friday, May 31, 2015, whichever occurs first. Owner may terminate this Agreement for any material breach by City provided Owner has given City written notice of such breach and a reasonable time to cure. 3. Liens. The City shall not permit to be placed against the Property, or any part thereof, any design professional's, mechanic's, materialmen's, contractor's or subcontractor's liens with regard to the City's activities upon the Property. 4. Indemnification. City agrees to indemnify, protect, and hold harmless Owner, and its successors in interest from and against any and all claims, costs, expenses, damages, and/or injuries and death, including, but not limited to attorney's fees and costs, arising out of or related to City's performance under this Agreement, construction of the Project, and/or the City's entry onto the Property; provided, however, that City's duty to indemnify, protect and hold harmless shall not include any claims or liability arising from the gross negligence or willful misconduct of the Owner, its agents, guests or invitees. The obligations set forth in this paragraph shall survive termination of this Agreement. 5. Insurance. During the term of this Agreement, City shall maintain commercial general liability insurance covering liability for personal injury, death or property damage in the minimum amount of $1,000,000 per occurrence. Owner shall be named as an additional insured under said policy for the term of this Agreement. Owner acknowledges that City's general liability insurance is through Ca1JPIA, a pooled insurance provider. 6. Not a Real Property Interest. It is expressly understood that this Agreement does not in any way grant or convey any permanent easement, lease, fee or other interest in the Property to City. 7. Agreement to run with the land. Subject to the term set forth in Section 2 above, this Agreement is and shall be binding on their heirs, legatees successors and assigns. 8. Restoration of the Pro e . Upon termination of this Agreement, the City shall, at its own cost and expense, restore the portion of the Property so entered by the City to the same condition in which it was prior to the City's entry. 9. Authorization. Owner warrants and represents to City that he has the full right and authority to enter into this Agreement. [Signatures on Following Page.] Right of Temporary Entry Agreement 1035 Madonna Road, San Luis Obispo Page 3 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the Effective Date. CITY OF SAN LUIS OBISPO: C0.Yrie- m0.ir1Y (A.-h 1 i+ i e5 -P; ATTEST: APPROVED AS TO FORM: tom/ J. Cine Dietrick, City Attorney OWNER: MI San Luis Ranch, LLC A Delaware limited liability company By: MI Entitlements IV, LLC A Delaware limited liability company Its: Manager By: GGCCB, LLC A California limited Iiab company Its: Co-Mana / Its Mat(aRinsz Member Atf4chment 1. Calle Joaquin Sewer Force Main Replacement Project, Work Area on Property at 1035 Madonna Road, San Luis Obispo, California. X --' 3 -0 = � `3 O 0 O 7 0 `G _ n rD "O K O 0) rD O 1 Q c n � � a n m a � D C � _ J• _ N !11 En G O W CD Q7 rD r'h I I O O O r m _ � + 0 - o I � I O X. (A ffD 7 N � I 41 X a o_ ro cn _ Ei J � r R �. - ' t a ' CALLE JOAQUIN SEWER FORCE MAIN REPLACEMENT JV cit` , of g Work Area on Dalidio Property san lug s otil spo City Council Meeting Minutes — October 21, 2014 Page 6 C3. CALLE JOAQUIN SEWER FORCE MAIN REPLACEMENT - SPECIFICATION NO. 91133 Following clarification, MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: Approve Contract Amendment No. 4 with AECOM for design services for the Calle Joaquin Sewer Force Main Replacement Project, Specification No. 91133, in the amount of $10,954. 2. Approve the transfer of $10,954 from the Sewer Fund Completed Projects account to the project's design phase account. 3. Approve plans and specifications for the Calle Joaquin Sewer Force Main Replacement, Specification No. 91133, and authorize staff to advertise for bids when signed by the City Engineer. 4. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $650,000. 5. Authorize the Utilities Director to execute a Right of Entry Agreement with the underlying property owner in the form attached hereto and subject to any subsequent modifications approved by the City Attorney. C4. APPROVAL OF THE FINAL MAP FOR TRACT 2560-PHASE 2 - 215 BRIDGE STREET (TR 64-03) — RESOLUTION MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to adopt Resolution No. 10571 (2014 Series) entitled "A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2560-Phase 2 (215 Bridge Street, TR 64-03)," and authorizing the Mayor to execute the Subdivision Agreement and Biological Open Space Easement Agreement on behalf of the City. C5. PRADO ROAD BRIDGE WIDENING - SPECIFICATION NO. 91203 MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0, to: 1. Approve "Alternative 1" as the preferred conceptual design for the Prado Road Bridge widening project as recommended in the feasibility report by Wallace Group and Quincy Engineering, and proceed with the environmental study and engineering for the "Prado Rd. Bridge Widening, Specification 91203." 2. Appropriate $390,000 in Transportation Impact Fee funds for continuing project study and engineering. 3. Authorize staff to pursue potential 2017 construction funding thru the Federal Local Highway Bridge Program (HBP) as administered by Caltrans. Council Agenda Report Meabngbate: 10/21/14 Hem Number: FROM; Carrie Mattingly, Utilities Director prepared By: Jennifer Metz, Utilities Project Manager S UBJECT: CALLE JOAQUIN SEWER FORCE MAIN REPLACEMENT, SPECIFICATION NO. 91.133 RECOMMENDATION 1 _ Approve Contract Amendment No. 4 with AECOM for design services for the Calle Joaquin Sewer Force Main Replacement Project, Specification No. 91133, in the amount of $10,954. 2 _ Approve the transfer of $10,954 from the Sewer Fund Completed Projects account to the project's design phase account. 3. Approve plans and specifications for the Calle Joaquin Sewer Force Main Replacement, Specification No. 91133, and authorize staff to advertise for bids when signed b t Engineer. g y he City 4. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $650,000. 5. Authorize the Utilities Director to execute a Right of Entry Agreement with the underlying property owner in the form attached hereto and subject to any subsequent modifications approved by the City Attorney. DISCUSSION Background In August 2011, the City Council approved a joint design budget of $700,000 for the replacement of the Laguna and Calle Joaquin lift stations, including 2,700 feet of sewer force main (see Attachment 1), The City entered into an agreement for design services with AECOM, Inc. in the amount of $535,400. Amendments of the City's design contract with AECOM were authorized in August 2012, December 2012, and in March 201.3 for a total design budget of $702,839 for the two projects. Laguna lift station completed construction last summer and AECOM's remaining scope includes providing a set of plans for the Calle Joaquin project. These plans are approximately 75 percent complete and are awaiting permits from various environmental agencies. Construction of the project is anticipated to begin in the summer of 2015. In order to eliminate potential conflicts with the planned construction of the Los Osos Valley Road/US 101 Interchange Improvements Project (LOVR Interchange Project), which is scheduled to utilize the northern portion of Calle Joaquin as the temporary southbound freeway off -ramp in May 2015, staff asked AECOM to separate the project's construction documents into two packages (see Contract Amendment No. 4, Attachment 2). This separation would allow the City to bid the force main replacement ahead of the replacement of the lift station, siphon, and gravity sewer C3 - 1