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HomeMy WebLinkAboutManor Oaks Mobile Estates, LLC. 2 2009-05-11 Access2009-15344 Recorded at the request of: CITY OF UKIAH 10/05/2009 02:00 PM Fee: $0 Pgs: 1 of 6 When Recorded Mail to: - CITY OF UKIAH Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 OFFICIAL RECORDS Susan M. Ranochak - Clerk-Recorder Mendocino County, CA ~~~4YA IPIh M1~GSMY f~~7N~~~ Attention: Director of Electric Utility AP NO. 179-050-05 ACCESS AGREEMENT AND CONSENT TO CONSTRUCTION This Agreement is made and entered on / , 2009 ("Effective Date"), in Ukiah, California, between Manor Oaks Mobile Estates, LLC ("Ova-ier") and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. Owner owns real property in the City of Ukiah ("the Property") located at 700 E. Gobbi Street, Ukiah, CA. 95486, also Imown as Mendocino County Assessor Parcel Number 179-050--5, and more particularly described in the attached Exhibit A, which is incorporated herein. 2. Owner operates a mobilehome park on the Property known as Manor Oaks Mobile Estates ("the Park"), consisting of 136 spaces which are rented to owners or renters of mobile homes under a standard rental agreement, a true and correct copy of which is attached as Exhibit B. 3. The City owns and operates an electrical utility which acquires electrical power and energy from various generators, including generating facilities owned in whole or in part by City, and furnishes that power and energy to its retail customers through its electrical distribution system. 4. City's electric utility owns, operates and maintains underground primary conductors, splice boxers, connectors, transformers, electric meters, and secondary and service conductors to serve each metered pedestal in the Park (collectively, "the Facilities"). Metered pedestals are located to provide metered electrical service to each space in the Park. The Owner and the Park tenants are retail customers of the City's electric utility. 5. Some existing conductors within the Park are substandard and need to be replaced. The City intends to dig a trench approximately 3 6" deep and 110 feet long and to install in the trench approximately 110 lineal feet of 3" conduit, using DB 120 for straight runs, and Schedule 40 for elbows. The installed conduit will terminate in existing secondary pull boxes on both ends. This work will be called "the Project." 6. The Project's location in the Park is depicted and described in the attached Exhibit C. A portion of the trench will encroach on Space Numbers 108, 109 and 137, and may disturb or destroy landscaping within those spaces. The remaining portions of the trench are located within common areas on the Property. 7. Owner wants to cooperate with the City in providing reliable electrical service to its tenants. Owner warrants and represents to the City that under its rental agreement with each tenant, Owner reserves the right to enter upon the space for the purpose of maintaining utilities to the space and that the Owner owns all landscaping and any structures (other than the mobilehome and its appurtenances) installed on the space and reserves the right to damage or remove all such landscaping at any time. 8. The City is willing to perform the Project on the Property subject to the terms of this Agreement. AGREEMENT: In consideration of and reliance upon the above-recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Owner grants the City and its officers, agents, employees and contractors a right of access at all reasonable times to the Property and to each space within the Park for the purposes of constructing the Project and to operate, maintain, test, repair, remove, replace, improve and modify the Facilities, including the periodic reading of electric meters and the termination of electric service for any reason authorized by the Ukiah City Code and the rules, regulations and policies of the City's electric utility. This right of access includes permission to remove landscaping in any space, if necessary for these purposes. Said right of access shall continue for as long as the City continues to provide electric service to the Property or any mobilehome space in the Park. 2. Owner waives and releases the City from liability for any claim for personal injury or property damage arising out of the City's exercise of its right of access under paragraph 1. Owner does not waive or release a person or entity contracting with the City to perform the Project or any firture work on the Property in reliance upon the City's right of access to the Property, if the contractor or its employees or subcontractors cause damage or personal injuries, including death, while performing under its contract with the City. However, Owner shall pursue such claims exclusively against the contractor and its employees or subcontractors and not against the City. 3. Owner shall protect and defend the City against any claim for money made against the City, if the claim is based on the City's exercise of its right of access under paragraph 1 and if the claim arises out of personal injuries, including death, or property 2 damage allegedly caused by the City or its employees while present on the Property. Owner will protect the City and its officers, agents, employees, and volunteers. As part of its obligation to defend the City, the Owner shall provide at its expense such attorneys, investigators, consultants, experts or other professionals as may be reasonably necessary to defend against any such claim or demand and shall pay any such reasonable expenses associated with such defense, including any expenses incurred by the City to assist or participate in such defense. If the Owner fails to provide competent representation when necessary to prevent any prejudice to the City's interests, the City may retain such services and incur such expenses as may be reasonably prudent to protect its interests and the Owner shall pay any such expenses incurred by the City promptly after the date that the City provides the Owner with written notice of the expense and a demand for payment. In agreeing to indemnify City under this paragraph, the Owner shall pay any settlement or judgment resulting from a claim, demand, cause of action or suit covered by this agreement. Notwithstanding the foregoing paragraphs, the Owner will not be required to protect or defend or indemnify the City against a claim that is based on the sole and active negligence of the City or its officers, agents, employees, or volunteers. 4. This Agreement shall be construed in accordance with and governed by the laws of the State of California, without application of such state's conflict of laws. Any action to enforce this Agreement must be filed in California state courts in Mendocino County and each party consents to the jurisdiction and venue of such courts. 5. This Agreement, including the Exhibits, constitutes the entire agreement and understanding between the parties with respect to its subject matter and replaces all negotiations, prior discussions and prior agreements and understandings relating thereto. No representation, warranty, covenant, agreement, promise, inducement or statement, whether oral or written, has been made by any party that is not set forth in this Agreement and no party shall be bound by or be liable for any alleged representation, warranty, covenant, agreement, promise, inducement or statement not so set forth. 6. If any tern of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7. Any notice or communication permitted or required by this Agreement shall be given to each party at the address or fax number stated below and shall be deemed served upon receipt or within 48 hours after deposit in the United States Mail, if properly addressed and with first class postage properly affixed to the envelop. Either party may notify the other party of a change to its address or fax number by giving notice as provided in this paragraph. MAY-05-E009 13:39 From:ADDLINS 9169880208 To:4859960 ROM. unknown Page. 5/5 Date: 4/29/2001 4728:54 PM 8, The Dwaer may ten mnate this j1.geecnetxt at apy time on 90 days advance writtcn notioe to City. 'In the event of auch 2orminatiax (1) the City sMl have no obligation to provide individually znotmed eleatrieai rp,- ce to the tenants in the rasobile home park, (2) without the City's prior written cuizeat, Owner or its Successors or assigns shall make no use, of the electrical di=ibutien fa►ciliiics installed by the City oze the Property; and (3) the City shall, have the rigbt to remove any such facilities from the Property, the Owner bertby gra ting City its irrevocable consent to ac4i~ss the propprty for this purpose. The termination of this A.gwetaeat shaia not rolievm they Owner from its obligation to 1uAt unify and defend the City a8ainst any claim or damage which arises prior to the efteLtive date of svc-h termination. WHEMFORE, the parties have entered this A~reernQnj on the Effectlve.T)ate. OWNER a : Y olui Marlow lts' Member Address: 750 Lil*c Lane Sacramento, Cll. 95864 CITY OF LMA14 P. 5/5 By: Address: Uldah Civic Cexrtar 300 Seminary Ave. Vldah, CA, 95482 M 9V 1 Email: Fox-, 707-462-6204 NOTARY ACKN0VVLKD9.M=T 4 .Y •d 6 'l7 TPSbC.DL 7 13NS B tIIAUa WdFb raozZ Lt JjW }soxlly ka~ouvaa-to-►e-(ox proved to me on the basis of satisfactory evidence) to be the person(-4 whose name(&) is/ave subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAliefr authorized capacity(+es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( 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 Linda ' Brown r OPTIONAL INFORMATION LIN s~H ueeJ YAi4 o COMM. #1757664 Z Notary Public California :0 Z Mendocino County Fo M Comm. - Tres Jul. 19, 2011 1 (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of la; - containing pages, and dated " The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-Fact Corporate Officer(s) tle(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: Nan-, S) of Person(s) or Entityt,es) Signer is Representing Method of Signer Identification ,9 Personally known to me Proved to me on the basis of satisfactory evidence: L 4form(s) of identification 0 credible witness(es) Identification is deta_jled in notaryjournal on: Page # Entry # Notary contact: Other ❑ Additional Signer(s) Signer(s)Thumbprint(s) © Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 10/05. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com ACKNOWLEDGMENT State of California County of sccne~v v1 ) On before me,' 4 Ct'v / Vr f W 4'W&'7 ,-L , t-16 (insert name an itle of the officer) personally appeared TX VI VVIC'-UU ~ , who proved to me on the basis of satisfactory evidence to be the person(8) whose name) e- subscribed to the within instrument and acknowled ed to me that~shefthey executed the same in /har/their authorized capacity(ies), and that by it signature.(`) on the instrument the person(pr), 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. CONFORMED COPY When Recorded Mail to: _ CITY OF UKIAH Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Copy of Document Recorded on 10!0512009 02:00:00 PM as 2009-15344 Mendocino County Clerk-Recorder Attention: Director of Electric Utility AP NO. 179-050-05 ACCESS AGREEMENT AND CONSENT TO CONSTRUCTION This Agreement is made and entered on a ~e /I , 2009 ("Effective Date"), in Ukiah, California, between Manor Oaks Mobile Estates, LLC ("Owner") and the City of Ukiah ("City"), a general law municipal corporation. RECITALS: 1. Owner owns real property in the City of Ukiah ("the Property") located at 700 E. Gobbi Street, Ukiah, CA. 95486, also known as Mendocino County Assessor Parcel Number 179-050--5, and more particularly described in the attached Exhibit A, which is incorporated herein. 2. Owner operates a mobilehome park on the Property known as Manor Oaks Mobile Estates ("the Park"), consisting of 136 spaces which are rented to owners or renters of mobile homes under a standard rental agreement, a true and correct copy of which is attached as Exhibit B. 3. The City owns and operates an electrical utility which acquires electrical power and energy from various generators, including generating facilities owned in whole or in part by City, and furnishes that power and energy to its retail customers through its electrical distribution system. 4. City's electric utility owns, operates and maintains underground primary conductors, splice boxers, connectors, transformers, electric meters, and secondary and service conductors to serve each metered pedestal in the Park (collectively, "the Facilities"). Metered pedestals are located to provide metered electrical service to each space in the Park. The Owner and the Park tenants are retail customers of the City's electric utility. 5. Some existing conductors within the Park are substandard and need to be replaced. The City intends to dig a trench approximately 36" deep and 110 feet long and to install in the trench approxi~nately110 lineal feet of 3" conduit, using DB 120 for straight runs, and Schedule 40 for elbows. The installed conduit will terminate in existing secondary pull boxes on both ends. This work will be called "the Project." 6. The Project's location in the Park is depicted and described in the attached Exhibit C. A portion of the trench will encroach on Space Numbers 108, 109 and 137, and may disturb or destroy landscaping within those spaces. The remaining portions of the trench are located within common areas on the Property. 7. Owner wants to cooperate with the City in providing reliable electrical service to its tenants. Owner warrants and represents to the City that under its rental agreement with each tenant, Owner reserves the right to enter upon the space for the purpose of maintaining utilities to the space and that the Owner owns all landscaping and any structures (other than the mobilehome and its appurtenances) installed on the space and reserves the right to damage or remove all such landscaping at any time. 8. The City is willing to perform the Project on the Property subject to the terms of this Agreement. AGREEMENT: In consideration of and reliance upon the above-recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Owner grants the City and its officers, agents, employees and contractors a right of access at all reasonable times to the Property and to each space within the Park for the purposes of constructing the Project and to operate, maintain, test, repair, remove, replace, improve and modify the Facilities, including the periodic reading of electric meters and the termination of electric service for any reason authorized by the Ukiah City Code and the rules, regulations and policies of the City's electric utility. This right of access includes permission to remove landscaping in any space, if necessary for these purposes. Said right of access shall continue for as long as the City continues to provide electric service to the Property or any mobilehome space in the Park. 2. Owner waives and releases the City from liability for any claim for personal injury or property damage arising out of the City's exercise of its right of access under paragraph 1. Owner does not waive or release a person or entity contracting with the City to perform the Project or any future work on the Property in reliance upon the City's right of access to the Property, if the contractor or its employees or subcontractors cause damage or personal injuries, including death, while performing under its contract with the City. However, Owner shall pursue such claims exclusively against the contractor and its employees or subcontractors and not against the City. 3. Owner shall protect and defend the City against any claim for money made against the City, if the claim is based on the City's exercise of its right of access under paragraph 1 and if the claim arises out of personal injuries, including death, or property 2 damage allegedly caused by the City or its employees while present on the Property. Owner will protect the City and its officers, agents, employees, and volunteers. As part of its obligation to defend the City, the Owner shall provide at its expense such attorneys, investigators, consultants, experts or other professionals as may be reasonably necessary to defend against any such claim or demand and shall pay any such reasonable expenses associated with such defense, including any expenses incurred by the City to assist or participate in such defense. If the Owner fails to provide competent representation when necessary to prevent any prejudice to the City's interests, the City may retain such services and incur such expenses as may be reasonably prudent to protect its interests and the Owner shall pay any such expenses incurred by the City promptly after the date that the City provides the Owner with written notice of the expense and a demand for payment. In agreeing to indemnify City under this paragraph, the Owner shall pay any settlement or judgment resulting from a claim, demand, cause of action or suit covered by this agreement. Notwithstanding the foregoing paragraphs, the Owner will not be required to protect or defend or indemnify the City against a claim that is based on the sole and active negligence of the City or its officers, agents, employees, or volunteers. 4. This Agreement shall be construed in accordance with and governed by the laws of the State of California, without application of such state's conflict of laws. Any action to enforce this Agreement must be filed in California state courts in Mendocino County and each party consents to the jurisdiction and venue of such courts. 5. This Agreement, including the Exhibits, constitutes the entire agreement and understanding between the parties with respect to its subject matter and replaces all negotiations, prior discussions and prior agreements and understandings relating thereto. No representation, warranty, covenant, agreement, promise, inducement or statement, whether oral or written, has been made by any party that is not set forth in this Agreement and no party shall be bound by or be liable for any alleged representation, warranty, covenant, agreement, promise, inducement or statement not so set forth. 6. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7. Any notice or communication permitted or required by this Agreement shall be given to each party at the address or fax number stated below and shall be deemed served upon receipt or within 48 hours after deposit in the United States Mail, if properly addressed and with first class postage properly affixed to the envelop. Either party may notify the other party of a change to its address or fax number by giving notice as provided in this paragraph. MAY-05-2009 13:39 From:ADDLINS 9169880208 To:4859960 Prorn unknown Page. 5/5 Dite: 4/29/2009 4.28:54 PM S, The Owner may temmnate this A.sreecnetit at avy time on 90 days advance written noti4e to City. in the event of such MrninatiolY: (1) tha City skull have no obligation to provide individually ateCted electrical soMee to the tenants in the mobile home park; (2) without the City's prior written consent, Owner or its successors or assigns shall make no usca of the electrical distribution fhailitics instalicd by the City UZI the Property, and (3) the City shall have the right to reMove any surb facWties from the Property, the Owner hereby grexting City its irrevocable consent to ac4ese the property for this purpose. The to :nation of this Agreemrmt shall not rvlievc the Owner from ita obligation to 1x)At fy cad defend the City aaninst any claim or damage which arises prior to the effective date of such term Mation. WHEREFORE, the parties have entered this Agreement on the Effective .'bate. OWNER 5y.- to-hi Marlow Its- Member CITY OF UXIA14 By?-L Its- Addrez: 750 Life Laae Sacramento, CA. 95364 Fax: Email: Address: Ukiah Civic Center 300 Sominary Ave. Ulydah, CA, 95182 Fax: 707-462-6204 lNaTARY ACKN0W LERq. T 4 P. 5/5 ..Y d 6t T TS9b60L '11RHe 3 QIAUa wds~ U000 Lt JAN personally appeared -pe-rsc3"ly-kr4QwA-to,-me-(or proved to me on the basis of satisfactory evidence) to be the person(} whose name(&) is/aye subscribed to the within instrument and acknowledged to me that qe/she/grey executed the same in Iis/her/Oiefr authorized capacity(ies), and that by his/her/their signature( 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. LINDA C. R INN o COMM. #1757664 Z Notary Public - California ~ Z Mendocino County o M Comm. Ex fires Ju1.19, 2011 Signature (Seal) Linda rown OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Gtcc 4_ 'n f> 1, , r A t n n_ twining pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-Fact Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: _y1 representing: _ Ma (s) of Person(s) or En[ity ies) Signer is Representing Method of Signer Identification Personally known to me Proved to me on the basis of satisfactory evidence: L_(~Lform(s) of identification Q credible witness(es) Identification is detailed in notary journal on: Page # Entry It Notary contact: Other ❑ Additional Signer(s) W Signer(s)Thumbprint(s) ® Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 form ACK02. 10/OS. ro re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com ACKNOWLEDGMENT State of California County of rn.P ~ ~ ~ ~ u On } ( ~C)t~~l before me, : 4 :71 (insert name an itle of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(sl whose nameks W subscribed to the within instrument and acknowled ed to me thastefthey executed the sam a in /her/their authorized capacity(ies`), and that by fir signature() on the instrument the person(o, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing oaraaraoh is true and correct.