HomeMy WebLinkAbout104-Attachment 3 - Agreement with Saratoga Country Club.pdfAGREEMENT TO RELOCATE
EQUESTRIAN AND PEDESTRIAN TRAIL
THIS AGREEMENT is entered into effective ________ (“Effective Date”) by
and among the Saratoga Country Club (hereinafter referred to as “Owner”) and the City
of Saratoga (hereinafter referred to as “City”) with reference to property known as
Assessor’s Parcel Number: 366-29-007 and identified as Parcel 7 on the Map attached
hereto as Exhibit A, (the “Property”).
WHEREAS, the City maintains an existing Equestrian and Pedestrian Trail that
runs through the property;
WHEREAS, the City accepted dedication of the easement recorded in document
11638439 for that portion of the existing Pedestrian and Equestrian trail that runs through
the Property;
WHEREAS, extensive erosion of the Equestrian and Pedestrian Trail make it
necessary for the City to relocate such Trail;
WHEREAS, the City retained a skilled trail builder to delineate an appropriate
relocation of the Equestrian and Pedestrian Trail, the City and Owner desire to enter into
the following agreement to relocate the Equestrian and Pedestrian Trail.
NOW, THEREFORE, in consideration of the above RECITALS and the mutual
promises and covenants of the parties hereto, it is agreed as follows:
1. NEW TRAIL LOCATION
The parties hereby agree that the Pedestrian and Equestrian Trail may be
relocated and constructed on the Property as generally delineated with a GPS
system and mapped as shown in Exhibit A, attached hereto.
2. TRAIL RELOCATION FUNDING
The City will fund the trail relocation with donated funds provided by
voluntary donations of moneys by private donor(s) and the City does not
request any funds from the Owner for the construction of the relocated Trail.
3. OWNER ALLOWS ENTRY ONTO PROPERTY
The Owner agrees to allow the City and its respective officers, directors,
governing members, employees, contractors, partners, insurers, attorneys,
agents, successors and assigns of each of them access to the Property in order
to perform the construction of the relocated Equestrian and Pedestrian Trail
pursuant to the Right of Entry, attached as Exhibit B.
4. ABANDONMENT OF EXISTING EASEMENT
After the completion of construction of the relocated Equestrian and
Pedestrian Trail, Owner and the City agree to abandon the Easement recorded
as document 11638439 for Saratoga Country Club upon completion of the
relocated Trail across the Midpeninsula Regional Open Space District
property. Abandonment of the Easement recorded as document 11638439
will not occur until the City has approved the construction of the relocated
trail and the New Easement Agreement.
5. NEW EASEMENT AGREEMENT
After the completion of construction of the relocated Equestrian and
Pedestrian Trail, the City will survey the relocated trail and prepare all
necessary documents for the recordation of a new Pedestrian and Equestrian
Trail Easement Agreement. Owner agrees to execute such new Easement
Agreement in favor of the City for the surveyed location of the relocated
Equestrian and Pedestrian Trail under terms at least equivalent to those
contained in the existing Easement Agreement.
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto
on __________, 2___.
Date __________ Owner
______________________________
Date__________________ City
By: __________________________
_________________ (name)
_________________ (title)
EXHIBIT B
RIGHT OF ENTRY TO PERFORM
RELOCATION AND CONSTRUCTION OF EQUESTRIAN AND
PEDESTRIAN TRAIL ACROSS PROPERTY
This grant of a RIGHT OF ENTRY TO PERFORM RELOCATION AND
CONSTRUCTION OF EQUESTRIAN AND PEDESTRIAN TRAIL is entered
into this ___ day of _______, 200__, by and between the CITY OF SARATOGA,
a California municipal corporation (“the City”) and SARATOGA COUNTRY
CLUB (“Owner”).
A. Owner owns the fee title to certain real property, located within the
boundaries of the City of Saratoga, APN 366-29-007. Said real property is more
particularly shown in Exhibit “A” attached hereto and incorporated herein
(“Property”). The Property includes land subject to a Pedestrian Equestrian
Easement in which City holds a third party beneficiary interest.
B. Construction of a relocated Equestrian and Pedestrian Trail has been
agreed upon between the parties due to erosion of the existing location of the
Trail.
NOW, THEREFORE, in consideration of the facts recited above, and the
mutual covenants, terms, conditions and restrictions contained herein the parties
hereto agree as follows.
1. Grant of Right of Entry. In consideration of the work to be performed on
behalf of the City by trail builder contractor and the trail builder contractor’s crew
(collectively “trail builder contractor’s crew”), funded by voluntary donations of
moneys by private donor(s), Owner grants to the City, and the trail builder
contractor’s crew the Right of Entry to perform work in furtherance of the
construction of a relocated Equestrian and Pedestrian Trail to the satisfaction of
the City. The Right of Entry shall be over the Property more particularly
described in Exhibit “A” and shall generally include entry in such locations,
methods and manners deemed reasonable by the City for the construction of said
relocated Trail.
2. Rights of Grantees. To accomplish the purpose of this Right of Entry, the
following right is conveyed to the City: The City may exercise the Right of Entry
subject to the following condition. Entry shall be limited to the hours between __
a.m. and __ p.m.
3. Termination. This Right of Entry shall terminate upon completion of
construction of relocated Equestrian and Pedestrian Trail to the satisfaction of the
City.
4. Access Limitation. No right of entry or access by the general public to any
portion of the Property is conveyed by this Right of Entry Agreement.
5. Hold Harmless. Owner shall hold harmless, indemnify and defend City
and its respective officers, directors, governing members, employees, contractors,
partners, insurers, attorneys, agents, the trail builder contractor crew and
successors and assigns of each of them (collectively “Indemnified City Parties”)
from and against all liabilities, penalties, costs, losses, orders, liens, charges,
damages, expenses, causes of action, claims, demands or judgments, including,
without limitation, reasonable attorneys’ fees, arising from or in any way
connected with injury to or the death of any person or physical damage to any
property, resulting from any act, omission, condition or other matter related to or
occurring on or about the Property arising out of or related to the exercise or
administration of this Right of Entry, due to Owner’s sole negligence or willful
misconduct.
City shall hold harmless, indemnify and defend Owner and its respective officers,
directors, governing members, employees, insurers, attorneys, agents, and
successors and assigns of each of them (collectively “Indemnified Owner Parties”)
from and against all liabilities, penalties, costs, losses, orders, liens, charges,
damages, expenses, causes of action, claims, demands or judgments, including,
without limitation, reasonable attorneys’ fees, arising from or in any way
connected with injury to or the death of any person or physical damage to any
property, resulting from any act, omission, condition or other matter related to or
occurring on or about the Property arising out of or related to the exercise or
administration of this Right of Entry, due to the City’s sole negligence or willful
misconduct.
IN WITNESS WHEREOF, Owner and the City have executed this
agreement effective as of the date first above written.
FEE TITLE OWNER: [Insert name of Fee Title Owner]
Date_____________
________________________________________
Signature
Name:___________________________________
Title:____________________________________
CITY: THE CITY OF SARATOGA
a California municipal corporation
Date_____________
________________________________________
Signature
Name:___________________________________
Title: ___________________________________