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HomeMy WebLinkAbout08-21-2018 Item 9 - Marsh St Bridge replacement Meeting Date: 8/21/2018 FROM: Daryl R. Grigsby, Public Works Director Prepared By: Michael J. McGuire, Senior Civil Engineer SUBJECT: MARSH STREET BRIDGE REPLACEMENT, SPECIFICATION NO. 90480 RECOMMENDATIONS 1. Authorize the Mayor to execute an agreement with 1042 Pacific Street, a California general partnership, for a temporary construction easement at 1042 Pacific Street. 2. Authorize the Mayor to execute an agreement with Elizabeth Lucille Zanoli, Surviving Trustee, for a temporary construction easement and a permanent easement at 1043 Marsh Street. 3. Authorize the Mayor to execute an agreement with the Maino Family Trusts for a temporary construction easement at 1020 Marsh Street. 4. Authorize the Mayor to execute an agreement with the Maino Family Trusts for a temporary co nstruction easement and a permanent easement at 1080 Marsh Street. DISCUSSION Background The Marsh Street Bridge, located near the intersection of Marsh and Santa Rosa Streets, was approved by the City Council in January 2013 for removal and replaceme nt. This followed a determination by the California Department of Transportation (Caltrans) that the bridge, built in 1909, is structurally deficient. In addition, the City contracted with Dokken Engineering to conduct a bridge assessment . This assessment concluded that a complete replacement of the existing bridge was the most prudent and cost-effective alternative given the age of the structure. Dokken Engineering began the design process at the start of 2013 and has proceeded with development of the plans, specifications and construction cost estimate for the bridge , which are nearly complete. Dokken has also nearly completed the environmental permitting process, culminating with the City Council adoption of the Final Environmental Impact Report (FEIR) for the Marsh Street Bridge Replacement project on May 2, 2017. Right of Way Acquisition One of the most critical components for the Marsh Street Bridge Replacement is obtaining the Temporary Construction Easements (TCE s) from the property owners adjacent to the bridge. The TCEs are necessary for equipment accessibility to San Luis Obispo Creek to conduct construction activities within the creek, provide a staging and equipment area for the bridge contractor, and provide vehicular and emergency access for a medical services business adjacent to the bridge. There will also be permanent easements acquired from two of the owners for construction of a wing wall for the bridge. Packet Pg. 295 Item 9 The TCEs and permanent easements are also necessary for obtaining clearance from Caltrans to enter into the construction phase. This phase releases the Highway Bridge Program (HBP) grant funds for construction, allows advertising the project for construction bidding, enables award of the project to a responsive and responsible bridge contractor, and provides for construction of the bridge. The construction of the Marsh Street Bridge is anticipated to start in Summer 2019. Temporary Construction Easements There are four parcels of property adjacent to the Marsh Street Bridge that r equire TCEs and permanent easements in order for the replacement project to go forward. Hamner Jewell, one of the City’s on-call consultants for right of way acquisition, has researched the parcels based on fair market values, conferred and negotiated with the owners (with approval by the City Council to make the offers on January 9, 2018) and prepared agreements for the easement acquisitions. All easement acquisitions are based on negotiations with the owners and valued for the temporary use of the property by the City, loss of use by the owner and special considerations mentioned below. Also, the offers take into account the duration of the TCE, which go into effect when it is expected that Caltrans certifies the right of way acquisitions and extend to an additional two months beyond the anticipated construction time. The TCEs are for a 12-month period. The property at 1042 Pacific Street, a commercial office building with multiple tenants, requires a temporary easement through the property’s parking lot to provide patient and emergency vehicle access to the DaVita Dialysis Center. The negotiated agreement with the owners is $10,196. 1043 Marsh Street, site of the DaVita Dialysis Center , will lose the entrance/exit to their parking lot for the duratio n of construction. Given the critical nature of the services provided by DaVita to the community, access to the Center is a top priority during the course of construction. Also, construction activities will be closely monitored so as to have little or no impact to the day-to- day operations of the Center. The expected negotiated agreement with the owner for loss of use of entrance and parking stalls, occasional utility shutdowns and property restoration is $13,798. There is also a permanent easement negotiated with the owner for a small area of property near the bridge. Two properties, 1020 & 1080 Marsh Street, are owned by several family trusts. These properties require TCEs for accessibility to the creek bed and the area of construction work. The negotiated agreement for 1020 Marsh Street is $20,145 and for 1080 Marsh Street is $111,415. The offer for 1080 Marsh Street also includes the loss of 20 leased parking stalls and the replacement of the parking lot after construction is completed. A permanent easement has been negotiated for a small area of property, that through the construction of the new bridge , will move a wingwall in order to serve not only the bridge structure but provide additional space for the owner to add a stall to the parking lot . Packet Pg. 296 Item 9 Property Address Easement Acquisition 1042 Pacific Street $10,196 1043 Marsh Street $13,798 1020 Marsh Street $20,145 1080 Marsh Street $111,415 TOTAL $155,554 CONCURRENCES The acquisitions have the concurrence of the trustees and owners of the four properties involved in the right of way acquisition activities. ENVIRONMENTAL REVIEW The City Council approved adoption of the F inal Environmental Impact Report (FEIR) on May 2, 2017. In addition to National Environmental Policy Act (NEPA) approval with the FEIR, environmental permitting should be completed by August 2018 with the Department of Fish & Wildlife, the Regional Water Quality Control Board, the Army Corps of Engineers and the State Historic Preservation Office. FISCAL IMPACT The project was approved as part of the 2015-17 Financial Plan. Currently, there is $274,463 available for Land Acquisition which is sufficient to fully fund the total costs of right of way acquisitions and consultant fees. This project is 89% funded by the HBP grant funding with a 11% City Local Revenue Measure match. ALTERNATIVE Deny executing the contracts. The City Council could choose to not authorize the acquisition contracts. Staff does not recommend this alternative. The City would not obtain the right of way certification from Caltrans, resulting in the City unable to proceed with the construction phase. Construction would be delayed until 2020 and the acquisition of easements would most likely need to be renegotiated with increased cost amount s, and increased appraisal and consultant fees. Attachments: a - 1042 Pacific Agreement b - Zanoli Agreement c - Maino 1020 Marsh Agreement d - Maino 1080 Marsh Agreement Packet Pg. 297 Item 9 APN: 002-443-017 City of SLO/Marsh Street Bridge/1042 Pacific/Agreement/rev.7-17-18 Page 1 of 4 PARCEL NO.: 002-443-017 PROJECT: Marsh Street Bridge Replacement Project RIGHT OF WAY AGREEMENT THIS AGREEMENT is made and entered into by and between 1042 Pacific Street, a California general partnership, hereinafter called “Grantor”, and The City of San Luis Obispo, a municipal corporation and a charter city in the County of San Luis Obispo, State of California, hereinafter called "City". A Temporary Non-Exclusive Access Easement Deed (“Deed”) covering the property rights particularly described therein in the form attached hereto as Exhibit “A” and incorporated herein by reference (hereafter the “Property”), has been executed concurrently with this Agreement and delivered to City representatives. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvements consisting of the Marsh Street Bridge Replacement Project (collectively referred to herein as the “Project”), except as stated in Paragraphs 2.E. and 3. below. 2. The City shall: A. PAYMENT - Pay to the order of the Grantor the sum of $10,196 (TEN THOUSAND ONE HUNDRED NINETY-SIX DOLLARS) as consideration in full for the herein real property interests, for the loss, replacement, moving of any improvements and for entering into this Agreement. Said sum shall be paid upon the deed recording, which shall occur when title to said real property has vested in City. B. RECORDATION OF INSTRUMENT - Accept the Deed herein referenced and at City’s option may record it in the office of the San Luis Obispo County Recorder. C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction. Packet Pg. 298 Item 9 APN: 002-443-017 City of SLO/Marsh Street Bridge/1042 Pacific/Agreement/rev.7-17-18 Page 2 of 4 D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow. E. INDEMNIFICATION - Defend, indemnify, and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability caused by City or its officers, employees or agents which arise from or are related to City construction and restoration work on Grantor's real property during the temporary easement period specified in the referenced Deed. 3. Construction Coordination and Easement Restoration Requirements: A. NOTICE OF CONSTRUCTION COMMENCEMENT - City agrees to provide Grantor with 30 days advance written notice of the anticipated date of construction commencement of the Project. B. RESTORATION – Except for landscaping and irrigation; upon completion of construction of City’s project, said Temporary Access Easement area shall be generally restored by City to the condition that existed prior to construction, to the extent reasonably practical, except that the bollards placed during the project to protect the electrical pole and the sign regarding compact cars will remain in place permanently at the request of the Grantor, and become the property of the Grantor. 4. The Grantor: A. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the herein referenced real property exceeding a period of one month, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by tenant of Grantor. B. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter upon the subject lands described in the Deed upon receipt of payment subject to all applicable terms and conditions contained in this Agreement and the associated Deed. 5. The Parties agree: A. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the real property interests described in the referenced Deed, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights. B. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. Packet Pg. 299 Item 9 APN: 002-443-017 City of SLO/Marsh Street Bridge/1042 Pacific/Agreement/rev.7-17-18 Page 3 of 4 C. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns. D. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval and ratification by the San Luis Obispo City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. E. COUNTERPARTS - This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. F. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. G. FACSIMILE SIGNATURES – In the event that the parties hereto utilize facsimile documents which include signatures, such documents shall be accepted as if they bore original signatures provided that documents bearing ORIGINAL SIGNATURES are provided following transmittal of the facsimile signature, except that funds shall not be released upon a facsimile signature nor shall facsimile signed documents be accepted for recordation by the Clerk Recorder of the County of San Luis Obispo. H. NOTICES - All notices shall be in writing, addressed as set forth below, and deposited in the U.S. Mail, postage prepaid. Any party may change its address for future notices by complying with the provisions of this paragraph. GRANTOR’S MAILING ADDRESS: 1042 Pacific Street, a California general partnership Attn: General Partner 1694 Knoll Drive San Luis Obispo, CA 93401 CITY’S MAILING ADDRESS: City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 No Obligation Other Than Those Set Forth Herein Will Be Recognized. Packet Pg. 300 Item 9 APN: 002-443-017 City of SLO/Marsh Street Bridge/1042 Pacific/Agreement/rev.7-17-18 Page 4 of 4 GRANTOR: 1042 Pacific Street, a California general partnership By: ___________________________________ Date: _________________________ Name: Jon E. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Lee F. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Lynn A. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Maronee M. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Holly Tremper Title: General Partner By: ___________________________________ Date: _________________________ Name: Lisa Borba Title: General Partner CITY OF SAN LUIS OBISPO, A municipal corporation and charter city By: ___________________________________ Date: _________________________ Heidi Harmon, Mayor ATTEST: By: _______________________________ City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: By: _______________________________ By: _______________________________ J. Christine Dietrick Michael McGuire City of San Luis Obispo, Attorney Senior Civil Engineer City of San Luis Obispo Packet Pg. 301 Item 9 Page 1 of 6 City of SLO/Marsh Street Bridge/1042 Pacific/deed rev. 7/17/18 Recording requested by: Hamner, Jewell & Associates When recorded, return to: City of San Luis Obispo Department of Public Works Attn: Michael McGuire 919 Palm Street San Luis Obispo, CA 93401 _____________________________________________________________________________ APN: 002-443-017 No Fee pursuant to Gov. Code sec. 6103 No Documentary Transfer Tax per R&T Code sec. 11922 No Recording Fee per Gov. Code sec. 27383 TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT DEED (Marsh Street Bridge Replacement Project) For a valuable consideration, receipt of which is hereby acknowledged, 1042 Pacific Street, a California general partnership (hereinafter referred to as “Grantor”), hereby grants to the CITY OF SAN LUIS OBISPO, a municipal corporation and a charter city, (hereinafter referred to as “City”), A Temporary Non-Exclusive Easement for Vehicular Ingress and Egress, with the right but not obligation to grade, use, maintain, repair, and replace at any time a vehicular access route, in, on, over, along, through, and across the Easement Area of the Real Property as defined in this paragraph. The “Real Property” is in the City of San Luis Obispo, County of San Luis Obispo, State of California and is described in Exhibit “A”, attached hereto and incorporated by reference herein. The “Easement Area” which comprises the Temporary Access Easement is described and depicted in Exhibit “B”, attached hereto and incorporated by reference herein. The City shall have the right of ingress and egress for vehicles to, from, and along the Easement Area at any time in order to provide access for occupants and clientele of the property at 1043 Marsh St., San Luis Obispo. Said Temporary Construction Easement shall commence on November 1, 2018, and shall automatically terminate upon completion of City’s construction, or November 1, 2019, whichever occurs first. Grantor shall have use of the property until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the terms of the Temporary Easement may be extended by an amendment to this deed. Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to the Grantor for the extension prior to the expiration of the original period. Exhibit A Page 1 of 9 Packet Pg. 302 Item 9 Page 2 of 6 City of SLO/Marsh Street Bridge/1042 Pacific/deed rev. 7/17/18 Except for landscaping and irrigation, upon completion of construction of City’s project, said Temporary Access Easement area shall be generally restored by City to the condition that existed prior to construction, to the extent reasonably practical, except that the bollards placed during the project to protect the electrical pole and the sign regarding compact cars placed in the parking lot will remain permanently in place at the request of the Grantor and become the property of the Grantor. The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above-described property. GRANTOR: 1042 Pacific Street, a California general partnership By: ___________________________________ Date: _________________________ Name: Jon Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Lee F. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Lynn A. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Maronee M. Hollister Title: General Partner By: ___________________________________ Date: _________________________ Name: Holly Tremper Title: General Partner By: ___________________________________ Date: _________________________ Name: Lisa Borba Title: General Partner Exhibit A Page 2 of 9 Packet Pg. 303 Item 9 Page 3 of 6 City of SLO/Marsh Street Bridge/1042 Pacific/deed rev. 7/17/18 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Jon E. Hollister, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Lee F. Hollister, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) Exhibit A Page 3 of 9 Packet Pg. 304 Item 9 Page 4 of 6 City of SLO/Marsh Street Bridge/1042 Pacific/deed rev. 7/17/18 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Lynn A. Hollister, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Maronee Hollister, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) Exhibit A Page 4 of 9 Packet Pg. 305 Item 9 Page 5 of 6 City of SLO/Marsh Street Bridge/1042 Pacific/deed rev. 7/17/18 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Holly Tremper, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Lisa Borba, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) Exhibit A Page 5 of 9 Packet Pg. 306 Item 9 Page 6 of 6 City of SLO/Marsh Street Bridge/1042 Pacific/deed rev. 7/17/18 CERTIFICATE OF ACCEPTANCE This is to certify that the City of San Luis Obispo hereby accepts for public purposes the real property, or interest therein, described in that Temporary Non-Exclusive Access Easement Deed dated ______________________, from 1042 Pacific Street, a California general partnership, Grantor therein, to the City, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this ___ day of __________________, 2018. CITY OF SAN LUIS OBISPO By_______________________________________ Heidi Harmon, Mayor ATTEST: ________________________________ City Clerk Exhibit A Page 6 of 9 Packet Pg. 307 Item 9 Exhibit A Page 7 of 9Exhibit APacket Pg. 308Item 9 B Exhibit A Page 8 of 9 Packet Pg. 309 Item 9 B Exhibit A Page 9 of 9 Packet Pg. 310 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 1 of 7 PARCEL NO.: 002-443-016 PROJECT: Marsh Street Bridge Replacement Project RIGHT OF WAY AGREEMENT THIS AGREEMENT is made and entered into by and between Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993, hereinafter called “Grantor”, and The City of San Luis Obispo, a municipal corporation and a charter city in the County of San Luis Obispo, State of California, hereinafter called "City". A Temporary Construction Easement Deed (“Deed”) covering the property rights particularly described therein in the form attached hereto as Exhibit “A” and incorporated herein by reference (hereafter the “Property”), has been executed concurrently with this Agreement and delivered to City representatives. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvements consisting of the Marsh Street Bridge Replacement Project (collectively referred to herein as the “Project”), except as stated in Paragraphs 2.E. and 3. below. 2. The City shall: A. PAYMENT - Pay to the order of the Grantor the sum of $13,798 (THIRTEEN THOUSAND SEVEN HUNDRED NINETY-EIGHT DOLLARS) as consideration in full for the herein real property interests, for the loss, replacement, moving of any improvements and for entering into this Agreement. Said sum shall be paid upon deed recordation, which shall occur when title to said real property has vested in City free and clear of all liens, encumbrances, assessments, easements and leases recorded or unrecorded, except for recorded public utility easements and public right of way. B. RECORDATION OF INSTRUMENT - Accept the Deed herein referenced and at City’s option may record it in the office of the San Luis Obispo County Recorder at such time as when clear title to City’s satisfaction can be conveyed. C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction. D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in Packet Pg. 311 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 2 of 7 which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments which have become a lien at the close of escrow. E. INDEMNIFICATION - Defend, indemnify, and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability caused by City or its officers, employees or agents, or any contractor working on the Project, which arise from or are related to City construction and restoration work on Grantor's real property both during and after the temporary easement period specified in the referenced Deed. In addition thereto, City shall be liable to Grantor, and Grantor’s tenants, and their guests and invitees, as their interest may appear, for any and all damages to Grantor’s real property, including any and all improvements, fixtures and personalty located thereon. City shall require its contractor and sub-contractors to add Grantor as an additional insured under the contractor’s and sub-contractor’s commercial general liability insurance policy for work to be done on this project, which polices shall contain “products and completed operations” endorsements with combined single limits of Five Million Dollars ($5,000,000) for each loss or occurrence. Each contractor and sub-contractor shall furnish certificates of insurance to Grantor before each contractor and sub-contractor performs any services under its contract with the City. The certificates shall provide that there will be no cancellation, reduction or modification of coverage without thirty (30) days prior written notice to Grantor. 3. Construction Coordination and Easement Restoration Requirements: A. NOTICE OF CONSTRUCTION COMMENCEMENT - City agrees to provide Grantor with 30 days advance written notice of the anticipated date of construction commencement of the Project. Thereafter during construction of the Project, City shall keep an open line of communication with Grantor and its tenants regarding construction scheduling so as to minimize disruption of Grantor’s and its tenants’ use and enjoyment of the Grantor’s real property. B. RESTORATION - City will provide any mitigation revegetation as required under its environmental requirements and City standards. In addition, at the conclusion of construction, City shall restore any impacted asphalt areas of the temporary construction easement to the condition as good or better as when construction started and shall restore any pre-construction improvements, without limitation, access [ingress and egress improvements / modifications], utilities, irrigation or vegetation near the building that were impacted by the Project construction or use of the easement and emergency gate. Grantor grants City permission to enter its property for these restoration purposes. In addition, Grantor grants to City the right to water any revegetation City plants in the creek bed and banks for a period of one year without access rights, such that the watering will be done from City right of way. C. VIBRATION MONITORING – The City shall provide for a continuous survey / vibration monitoring plan in its construction specifications as set forth in Exhibit B attached hereto and incorporated herein. In addition, the City shall provide for a continuous level survey to track any potential settlement issues during the course of construction as identified on Exhibit B. Such continuous survey shall consist of, at a minimum, establishment of baseline elevations prior to bridge demolition and monitoring at least every two weeks or when the bridge foundation is being monitored by the contractor. The monitoring devices with an established data point shall be placed in two places: the basement; and the first floor nearest the bridge. City shall, at no cost to Grantor, provide Grantor with results of all vibration monitoring and level surveys upon request by Grantor. Grantor grants City permission to enter the building and access Packet Pg. 312 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 3 of 7 areas outside the temporary construction easement for purposes of accomplishing this monitoring plan. D. EMERGENCY ACCESS PROVISIONS – City shall provide for an emergency access route as set forth in Exhibit C and shall provide that a fence be installed during construction to restrict access from Grantor’s parking lot to Marsh Street, including a gate for use by emergency personnel. Grantor grants City permission to install the emergency gate as described. E. CONSTRUCTION CONTRACT WORK – ACCESS – City Fire Department will have a private access route from Marsh Street to the front door of the Dialysis building. A chain link gate will prohibit the public from using said access route, for which the Fire Department will have a key. City will install a temporary fence near the subject’s driveway which will block the public’s access to Marsh Street. Such provisions are shown on the attached Exhibit C Emergency Vehicle Access Exhibit. Except in the creek bed, any impacted landscaping, irrigation or other improvements will be protected in place or restored in kind. It is not anticipated that any property utilities will be interrupted by the project construction. In the event of any potential interruption of utilities to the Grantor’s real property, no such interruption shall occur without first coordinating with Grantor and Grantor’s tenant so as minimize any material adverse effect on the tenant’s business requirements. F. DUST CONTROL. City and its contractors shall take all reasonable measures to control dust migration into the renal care facility and Grantor’s real property’s parking lot. G. NOISE MITIGATION. City and its contractors shall take all reasonable measures to control noise levels during construction so as to not unreasonably disturb the day to day operations of the renal care facility. 4. The Grantor: A. LEASE INDEMNIFICATION - Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by tenant of Grantor. B. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors, permission to enter upon the subject lands described in the Deed on or after the close of escrow for the purposes of preparation for construction of the City’s Project, subject to all applicable terms and conditions contained in this Agreement and the associated Deed. C. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY - Grantor hereby represents and warrants, except as to the normal operations of its tenant and the historic uses of the Grantor’s real property by others, that to the best of Grantor’s knowledge and belief that (1) there has been no spill, discharge, release, cleanup or contamination of or by any hazardous or toxic waste or substance on or around the Property at any time, and (2) throughout the period of ownership of the Property by Grantor, no hazardous or toxic material has been used, generated, treated, stored, disposed of or handled in or around the Property. Further, Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and investigations known to Grantor concerning any pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or under the Property. 5. The parties agree: Packet Pg. 313 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 4 of 7 A. ESCROW - At City’s option, to open escrow in accordance with this Agreement at an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City may decide to process this transaction without the use of an escrow agent. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account. Any taxes which have been paid by Grantor prior to opening of this escrow shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City's acquisition. i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall: a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title. b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement; c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor. d) Following recording of Deed from Grantor if recording is instructed by City, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $13,798 issued by First American Title Company showing that title to the herein real property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy: 1) Real Property Taxes for the fiscal year in which escrow closes. 2) Public utility easements and public rights of way; and 3) Other items that may be approved by City in writing in advance of the close of escrow. Packet Pg. 314 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 5 of 7 ii) CLOSE OF ESCROW - The term “close of escrow,” if and where written in this Agreement, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder or when payment under Paragraph 2A is distributed to Grantor, whichever occurs first. Recordation of instruments delivered through this escrow is hereby authorized. B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the real property interests described in the referenced Deed, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.  C. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral. This Agreement may not be amended except in writing by the parties hereto or their successors or assigns.  D. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval and ratification by the San Luis Obispo City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.   E. COUNTERPARTS - This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument.   F. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto.  G. FACSIMILE SIGNATURES – In the event that the parties hereto utilize facsimile documents which include signatures, such documents shall be accepted as if they bore original signatures provided that documents bearing ORIGINAL SIGNATURES are provided following transmittal of the facsimile signature, except that funds shall not be released upon a facsimile signature nor shall facsimile signed documents be accepted for recordation by the Clerk Recorder of the County of San Luis Obispo.   H. ATTORNEYS FEES - Should any litigation be commenced between the parties hereto concerning this Agreement, or the rights and duties of any party in relation thereto, or should any attorney be retained to enforce any provision herein, whether or not any litigation commences, the party determined by a court of law to be the prevailing party in such litigation or other action, shall be entitled, in addition to such other relief as may be granted to a reasonable sum as and for his attorney's fees. Packet Pg. 315 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 6 of 7 I. TIME OF ESSENCE - Time is expressly declared to be of the essence of this Agreement. J. NOTICES - All notices shall be in writing, addressed as set forth below, and deposited in the U.S. Mail, postage prepaid. Any party may change its address for future notices by complying with the provisions of this paragraph. GRANTOR’S MAILING ADDRESS: Elizabeth Lucille Zanoli, Trustee Zanoli Revocable Trust dated June 30, 1993 2021 Skylark Lane San Luis Obispo, CA 93401 With Copy to: Charles Zanoli E-Mail: Czanoli@charter.net Matthew S. Kennedy, Esq. E-Mail: msk@KennedyLawRealty.com CITY’S MAILING ADDRESS: City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 No Obligation Other Than Those Set Forth Herein Will Be Recognized. GRANTOR: By: ___________________________________ Date: _________________________ Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993 CITY OF SAN LUIS OBISPO, A municipal corporation and charter city By: ___________________________________ Date: _________________________ Heidi Harmon, Mayor ATTEST: By: _______________________________ Packet Pg. 316 Item 9 APN: 002-443-016 City of SLO/Marsh Street Bridge/Zanoli/Agreement rev. 2018-06-14 Page 7 of 7 City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: By: _______________________________ By: _______________________________ J. Christine Dietrick Michael McGuire City of San Luis Obispo, Attorney Senior Civil Engineer City of San Luis Obispo Packet Pg. 317 Item 9 Page 1 of 3 City of SLO/Marsh Street Bridge/Zanoli/TCE 2018-7-12 Recording requested by: Hamner, Jewell & Associates Government Real Estate Services When recorded, return to: City of San Luis Obispo Department of Public Works Attn: Michael McGuire 919 Palm Street San Luis Obispo, CA 93401 _____________________________________________________________________________ APN: 002-443-016 No Fee pursuant to Gov. Code sec. 6103 No Documentary Transfer Tax per R&T Code sec. 11922 No Recording Fee per Gov. Code sec. 27383 TEMPORARY CONSTRUCTION EASEMENT DEED (Marsh Street Bridge Replacement Project) For a valuable consideration, receipt of which is hereby acknowledged, Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993 (hereinafter referred to as “Grantor”), hereby grants to the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city, (hereinafter referred to as “City”), A temporary easement for construction, including the right to pile earth thereon, store materials, supplies and equipment thereon, and utilize said temporary construction easement for all other related activities and purposes in conjunction with the San Luis Obispo City Marsh Street Bridge Replacement Project, in, on, over, under, along, and across that certain property described and depicted in Exhibits “A” and “B” attached hereto and incorporated herein (the “Temporary Construction Easement”). Said Temporary Construction Easement shall commence on November 1, 2018, and shall automatically terminate upon completion of City’s construction, or November 1, 2019, whichever occurs first. Grantor shall have use of the property until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the terms of the Temporary Easement may be extended by an amendment to this deed. Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to the Grantor for the extension prior to the expiration of the original period. Upon completion of construction of City’s project, said Temporary Construction Easement area shall be generally restored by City to the condition that existed prior to construction, to the extent reasonably practical. All easement areas within the creek will be restored in compliance with regulatory environmental requirements, including revegetation, and Packet Pg. 318 Item 9 Page 2 of 3 City of SLO/Marsh Street Bridge/Zanoli/TCE 2018-7-12 Grantor grants City the right to conduct such revegetation program within the Temporary Construction Easement. The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above-described property. In addition, Grantor grants to City the right to maintain and water any revegetation City plants in the creek bed and banks for a period of one year after planting without access rights, such that the watering will be done from City right of way. Such revegetation shall become the property of Grantor thereafter. GRANTOR: Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993 By: ____________________________________ Date: _________________________ Elizabeth Lucille Zanoli, Surviving Trustee ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared Elizabeth Lucille Zanoli, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) Packet Pg. 319 Item 9 Page 3 of 3 City of SLO/Marsh Street Bridge/Zanoli/TCE 2018-7-12 CERTIFICATE OF ACCEPTANCE This is to certify that the City of San Luis Obispo hereby accepts for public purposes the real property, or interest therein, described in that Temporary Construction Easement Deed dated ______________________, from Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993, Grantor therein, to the City, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this ___ day of __________________, 2018. CITY OF SAN LUIS OBISPO By_______________________________________ Heidi Harmon, Mayor ATTEST: ________________________________ City Clerk Packet Pg. 320 Item 9 A Packet Pg. 321 Item 9 B Packet Pg. 322 Item 9 1 APN: 002-443-016 Recording requested by: Hamner, Jewell & Associates Government Real Estate Services When recorded, mail to: City of San Luis Obispo Department of Public Works Attn: Michael McGuire 919 Palm Street San Luis Obispo, CA 93401 __________________________________________________________________________________________________________________ No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 EASEMENT DEED (Bridge) APN: 002-443-016 For a valuable consideration, receipt of which is hereby acknowledged, Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993 (hereinafter referred to as “Grantor”), hereby grants to the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city, (hereinafter referred to as “City”), A permanent easement for the present and future construction, reconstruction, operation, repair, maintenance, streetscaping and landscaping of bridge infrastructure and appurtenances, as Grantee or its successors in interest, from time to time, deem necessary to install over, upon, under, through, along and across that certain real property situated in the County of San Luis Obispo, State of California, legally described in Exhibit "A" and depicted in Exhibit “B”, each attached hereto and made a part hereof (the “Easement Area”). The easement granted herein includes the right to construct and maintain a wingwall and abutment within the Easement Area. Additionally, Grantor does hereby further grant to Grantee, its successors and assigns, the necessary rights of entry to and from the Easement Area for future construction, reconstruction, operations, repair, and maintenance. Packet Pg. 323 Item 9 2 APN: 002-443-016 Executed this _____ day of _____________________, 20__ GRANTOR: Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993 By: ____________________________________ Date: _________________________ Elizabeth Lucille Zanoli, Surviving Trustee ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________________ On ______________________ before me, _______________________________________, Notary Public, personally appeared _____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________ (Seal) Packet Pg. 324 Item 9 3 APN: 002-443-016 CERTIFICATE OF ACCEPTANCE This is to certify that the City of San Luis Obispo hereby accepts for public purposes the real property, or interest therein, described in that Temporary Construction Easement Deed dated ______________________, from Elizabeth Lucille Zanoli, Surviving Trustee of the Zanoli Revocable Trust dated June 30, 1993, Grantor therein, to the City, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this ___ day of __________________, 2018. 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