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2019/04/23 City Council Resolution 2019-041RESOLUTION NO. 2019-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE ACCEPTANCE OF CERTAIN REAL PROPERTY (PART OF APN 045-253-018) BY GRANT DEED AND EASEMENT FROM THE COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT, AND THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY AND THE DISTRICT AND AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO EFFECTUATE THE ACCEPTANCE WHEREAS; the Cotati-Rohnert Park Unified School District (CRPUSD) owns Assessor's Parcel Number (APN) 045-253-018 which contains real property within the University District Specific Plan (UDSP) adjacent to Keiser Avenue and real property within the public roadway and sidewalk of Snyder Lane; and WHEREAS, the City's General Plan and the UDSP require that property owners within the specific plan area dedicate the right-of-way for Keiser Avenue to the City; and WHEREAS, the required dedications includes 36 feet of permanent right-of-way and another 10 feet of public utility easement along the CRPUSD frontage; and WHEREAS, when the City approved the construction of Lawrence Jones Middle School on APN 045-253-018, both the City and CRPUSD intended that the Snyder Lane frontage be dedicated to the City but this dedication was not completed; and WHEREAS, the City requires the Keiser Avenue right-of-way and easement dedications to complete the Keiser Avenue Reconstruction Project (No. 2017-18) and the Snyder Lane Widening Project — San Francisco Drive to Keiser Avenue Project (No. 2017-06); and WHEREAS, the City and CRPUSD recognize that these projects may require construction activity outside of the dedicated right-of-way in order to perform conform grading, landscaping and fence repair. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the City Council hereby: Approves the acceptance of certain real property (part of APN 045-253-018) by Grant Deed, as shown in Exhibit A attached hereto and incorporated herein by reference, and Grant of Public Utility Easement, as shown in Exhibit B attached hereto and incorporated herein by reference, from the Cotati-Rohnert Park Unified School District; 2. Approves and authorizes the execution of a License Agreement between the City and the Cotati-Rohnert Park Unified School District, in the form attached as Exhibit C and incorporated herein, subject to minor revisions approved by the City Manager and City Attorney; and 3. Authorizes the City Manager to take any actions necessary to effectuate the acceptance of the real property described above, including executing certificates of acceptance. DULY AND REGULARLY ADOPTED this 23rd day of April, 2019. CITY OF ROHNERT PARK Gin elf e, Mayor ATTEST: �0 jo� oAnne M. Buergler, City Clerk Attachments: Exhibits A, B, and C ADAMS: 4 MACKENZIE: e STAFFORD: CALLINAN: BELFORTE: AYES: ( ) NOES: ( 4 ) ABSENT: (6 ) ABSTAIN. ( X ) 2019-041 Attachment A to Resolution RECORDED AT THE REQUEST OF AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder's use Exempt from recording fee pursuant to Gov. Code 27383 GRANT DEED This Grant Deed (the "Grant Deed") is made on 2019, by the Cotati-Rohnert Park Unified School District, a ("Grantor"), to the City of Rohnert Park, a California municipal corporation ("City") with reference to the following: Recitals A. Grantor owns real property in the City of Rohnert Park, County of Sonoma, State of California, a portion of which is also located in the University District Specific Plan. B. The City's General Plan and the University District Specific Plan require the dedication of certain Keiser Avenue public right-of-way from property owners within the Specific Plan Area to the City. C. Grantor intended to dedicate the right-of-way for Snyder Lane to City, at the time its property was developed as a school site, but this dedication was not completed D. In accordance with these conditions and intents and in lieu of acquisition by eminent domain, Grantor is granting certain real property to the City. E. Grantor now desires to grant deed to City the property described herein. NOW THEREFORE, for valuable consideration, the value, adequacy and receipt of which are hereby acknowledged: Grantor does hereby grant and convey to City that certain real property legally described on Exhibit A-1 and depicted in the plat on Exhibit B-1 and that real property legally described on Exhibit A-2 and depicted on the plan on Exhibit B-2, which are attached hereto and incorporated herein by reference. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the day and year first written above. GRANTOR: By: Name: Its: By: Name: Its: (signature must be acknowledged by a notary publicl CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property conveyed by Grant Deed dated , 2019, from the Cotati-Rohnert Park Unified School District as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City Rohnert Park pursuant to authority conferred by Resolution No. 2019-_ of the City Council adopted on April 23, 2019 and the City of Rohnert Park, as grantee, consents to recordation of said Grant Deed. Dated: 12019 By: Darrin Jenkins, City Manager Authorized by Resolution 2019-_ approved the Rohnert Park City Council on April 23, 2019 [Signature Must Be Notarized] Attachment A to Resolution EXHIBIT A-1 Legal Description [to be inserted] Exhibit A 19539.000 4/11/2018 Pagel of2 EXHIBIT A LEGAL DESCRIPTION RIGHT OF WAY DEDICATION REAL PROPERTY LOCATED IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT, AS DESCRIBED IN DOCUMENT NUMBER 1991-092090, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF THE SAID LANDS OF COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT, SAID CORNER BEING ON THE CENTER LINE OF KEISER AVENUE, AS SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 483 OF MAPS, AT PAGES 41 AND 42, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LANDS OF COTATI — ROHNERT PARK UNIFIED SCHOOL DISTRICT, SOUTH 0°03'49" WEST, 65.67 FEET; THENCE LEAVING SAID EASTERLY LINE AND ACROSS SAID LANDS OF COTATI—ROHNERT PARK UNIFIED. SCHOOL DISTRICT THE FOLLOWING TWO COURSES: 1) NORTH 45°35'24" WEST, 41.95 FEET 2) THENCE SOUTH 89°24'36" WEST, 1340.29 FEET TO A POINT ON THE EASTERLY LINE OF THE LANDS OF GEE AS RECORDED IN DOCUMENT NUMBER 81-07430, SONOMA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LANDS OF GEE, NORTH 0°10'54" EAST, 36.00' FEET TO THE NORTHEASTERLY CORNER OF SAID LANDS OF GEE, SAID CORNER BEING ALSO A POINT ON THE CENTERLINE OF SAID KEISER AVENUE; THENCE NORTH 89°24'36" EAST, 1370.22 FEET ALONG SAID KEISER AVENUE; CENTERLINE, TO THE POINT OF BEGINNING. PORTION OF APN 045-253-018 CONTAINING 1.14 ACRE MORE OR LESS. END OF DESCRIPTION PREPARED BY: 1r,,7� �ACO4� oZ A ./ /& IAN UC ACDONALD' •8817 DATE LAND SURVEYOR NO.8817 (E12/31/19) STATEOFCALIFORNIA MACKAY&SOMPS CML ENGINEERINGOLAND PLANNING$ LAND SURVEYING 5142 Fraddln D" Scale 8, Pleasanton, CA. 94588-3355 (925) 225-0690 P:\19539\Plats-Legals\I,egals\Road Dedication\19539 -Keiser (Cotati) Road Dedication(1).doe EXHIBIT B-1 Plat to Accompany Description [to be inserted] Exhibit B t-XH1817' "8 PACE ? Or 1 41 6' 00, Alp N45035'24°W \ 41.95' 1 4 i 1 � \j 4 vyy�O f �oA O 0 100 200 400 SCALE:1 "-200' LEGEND -- BOUNDARY OF DESCRIPTION EXISTING PARCEL/RIGHT OF WAY LINE DOC. DOCUMENT NUMBER P.0.6 POINT OF BEGINNING EXHIBIT A-2 Legal Description [to be inserted] Exhibit B Exhibit "A" LEGAL DESCRIPTION FOR RIGHT OF WAY DEDICATION Lying within the City of Rohnert Park, County of Sonoma, State of California and being a portion of the lands of Cotati-Rohnert Park Unified School District as described by Grand Deeds recorded under Document Number 1991-092089 and Document Number 1991-092090, Sonoma County Records, said portion is more particularly described as follows: All that real property lying west of the following described line: Commencing at the intersection of the easterly right of way of Snyder Lane and the northwest corner of said lands as shown on that Record of Survey entitled "Record of Survey of the lands of Jubilee Realty N.V. as described in that deed recorded in Book 3267 O.R. 397 and the lands of William Neil Chappell and Patricia Chappell as described in those deed recorded as Doc.: Nos. 93-074149 and 80-074736 Official Records, All Sonoma County Records" recorded in, Book 483 of Maps at Pages 41 and 42; Sonoma County Records; thence <along the northerly line of said lands South 89°50'20" East 50.00 feet to the POINT OF BEGINNING of the herein described line; thence leaving said northerly line and parallel with the westerly line of said lands South 0°09'13" West 290.89 feet; thence along non -tangent curve to the right, the radius point of which bears 81°05'06" 200.00 feet , through a central angle of 9104'07", for a length of 31.66 feet; thence parallel with the westerly line of said lands South 0109'13" West 75.00 feet; thence along a curve to the right having a radius of 200.00 feet, through a central angle of 9°04'07", for a length of 31.66 feet; thence parallel with the westerly line of said lands South 0°09'13" West 146.46 feet; thence along a curve to the left having a radius of 2930.00 feet, through a central angle of 2°5824", for a length of 152.05 feet; thence South 2°491111" East 132.51 feet to a point on the southerly line of said lands, said point being the POINT OF TERMINUS of the herein described line. Containing 1.02 acres more or less Being a portion of APN 045-253-018 Prepared by Cinquini & Passarino, Inc. Cinquini & Passarino Inca CPI No.: 7796-17" 1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106 Santa Rosa, CA 95401 Page l of 2 www.cinquinipassarino.com EXHIBIT B-2 Plat to Accompany Description [to be inserted] Exhibit B EXHIBIT ' B' POINT OF II �S89'SQ'20"E 50.00' COMMENCEMENT BVI (N89-49'39"W)R1 3 3 O t �E NC x w R=200.00' —X9'04'07" L=31.66' —SO'09'13"W 75.00' CITY OF ROHNERT PARK z 0 / J Q w � � J } 1 J ,11vzi KEISER AVE _ SITE D J Q W Q. =DICAL CENTER bR SITE MAP NO SCALE THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. LEGEND RIGHT OF WAY DEDICATION CENTERLINE ADJACENT BOUNDARY LANDS OF COTATI-ROHNERT PARK UNIMED SCHOOL DISTRICT APN 045-253-018 200.00' DN 1991-092089 DN 1991-092090 RECORD Or SURVEY 483 MAPS 41 (584'31'51 "E)R1 LANDS OF APN 04W—w025-014 JOB NAME: 3512OR69 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM, ZONE II, NAD 83, EPOCH 2011.00 AS DETERMINED LOCALLY BY A UNE BETWEEN CONTINUOUS GLOBAL POSITIONING SYSTEMS (CGPS) STATION P198 AND STATION P197; BEING NORTH 36'18'54" WEST AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC). CINQUINI & PASSARINO, INC. LAND SURVEYING m BOUNDARY 1360 No. Dutton Ave. m TOPOGRAPHIC Santa Rosa, Ca. 95401 ® CONSTRUCTION Phone: (707) 542-6268 ® SUBDIVISIONS Fax: (707) 542-2106 WWW.CI N QUINIP ASSARIN 0. COM DRAWN BY: SAJ CHECKED BY: A ,ONSTRUCTION SCALE: 1"=100' DATE: 9/25/18 DESCRIPTION: JOB: 7796-17 PAGE: 2 OF 2 RIGHT OF WAY DEDICATION 'POINT OF r I BEGINNING s c0 e �' O0r a O A N 317r ih I a, 0 N 0 100' 200' RADIAL BEARING A/ �S81'05'06"W 3 3 O t �E NC x w R=200.00' —X9'04'07" L=31.66' —SO'09'13"W 75.00' CITY OF ROHNERT PARK z 0 / J Q w � � J } 1 J ,11vzi KEISER AVE _ SITE D J Q W Q. =DICAL CENTER bR SITE MAP NO SCALE THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. LEGEND RIGHT OF WAY DEDICATION CENTERLINE ADJACENT BOUNDARY LANDS OF COTATI-ROHNERT PARK UNIMED SCHOOL DISTRICT APN 045-253-018 200.00' DN 1991-092089 DN 1991-092090 RECORD Or SURVEY 483 MAPS 41 (584'31'51 "E)R1 LANDS OF APN 04W—w025-014 JOB NAME: 3512OR69 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM, ZONE II, NAD 83, EPOCH 2011.00 AS DETERMINED LOCALLY BY A UNE BETWEEN CONTINUOUS GLOBAL POSITIONING SYSTEMS (CGPS) STATION P198 AND STATION P197; BEING NORTH 36'18'54" WEST AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC). CINQUINI & PASSARINO, INC. LAND SURVEYING m BOUNDARY 1360 No. Dutton Ave. m TOPOGRAPHIC Santa Rosa, Ca. 95401 ® CONSTRUCTION Phone: (707) 542-6268 ® SUBDIVISIONS Fax: (707) 542-2106 WWW.CI N QUINIP ASSARIN 0. COM DRAWN BY: SAJ CHECKED BY: A ,ONSTRUCTION SCALE: 1"=100' DATE: 9/25/18 DESCRIPTION: JOB: 7796-17 PAGE: 2 OF 2 RIGHT OF WAY DEDICATION Attachment A to Resolution 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, , a 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 signature(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 Acknowledgement Attachment B to Resolution RECORDED AT THE REQUEST OF AND AFTER RECORDING MAIL TO: City of Rohnert Park 130 Avram Avenue Rohnert Park, California 94928 Attention: City Clerk Space above this line reserved for recorder's use Exempt from recording fee pursuant to Gov. Code 27383 GRANT OF PUBLIC UTILITY EASEMENT This Grant of Public Utility Easement (the "Grant PUE") is made on 2019, by the Cotati-Rohnert Park Unified School District, a ("Grantor"), to the City of Rohnert Park, a California municipal corporation ("City") with reference to the following: Recitals A. Grantor owns real property located within the University District Specific Plan Area, in the City of Rohnert Park, County of Sonoma, State of California. B. The City's General Plan and conditions of approval for the University District Specific Plan require the granting of certain Keiser Avenue public utility easement from property owners within the Specific Plan Area to the City. C. In accordance with these conditions and in lieu of acquisition by eminent domain, Grantor is granting certain public utility easement rights to the City. D. Grantor now desires to grant to City the public utility easement described herein. NOW THEREFORE, Grantor does hereby grant and convey to City a public utility easement for public utility purposes over, upon, across, through, and beneath that certain real property situated in the City of Rohnert Park, County of Sonoma, State of California that is legally described on Exhibit A and depicted in the plat on Exhibit B, attached hereto and incorporated herein by reference (the "Easement Area") with a right of immediate entry and continued possession for the construction, improvement, maintenance, repairs, operation, and replacement above- and below -ground of public utilities including, but not limited to, electricity, gas, telephone, cable television, concrete pads, piping, conduit, wiring, trenching, structures, appurtenances, sewer facilities, water and recycled water facilities, storm drain facilities, and other public utilities. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantor has executed this Grant of Public Utility Easement as of the day and year first written above. GRANTOR: By: Name: Its: By: Name: Its: [signature must be acknowledged by a notary publicl CERTIFICATE OF ACCEPTANCE This is to certify that the interests in public utility easement rights conveyed by Grant of Public Utility Easement dated , 2019, from the Cotati-Rohnert Park Unified School District as grantor, to the City of Rohnert Park, as grantee, are hereby accepted by the City Manager of the City Rohnert Park pursuant to authority conferred by Resolution No. 2019- of the City Council adopted on April 23, 2019 and the City of Rohnert Park, as grantee, consents to recordation of said Grant of Public Utility Easement. Dated: 2019 By: Darrin Jenkins, City Manager Authorized by Resolution 2019-_ approved the Rohnert Park City Council on April 23, 2019 [Signature Must Be Notarized] Attachment B to Resolution I :11*1<9-11 Legal Description [to be inserted] Exhibit A Exhibit "A" LEGAL DESCRIPTION FOR PUBLIC UTILITY EASEMENT Lying within the City of Rohnert Park, County of Sonoma, State of California, being a portion of the lands ofCotati-Rohnert Park Unified School District, as described by Grant Deed recorded under Document Number 1991-092090, Sonoma County Records, said portion is more particularly described as follows: All that real property lying northerly of the following described line: Commencing at the most northeasterly corner of the said lands of Cotati-Rohnert Park Unified School District, said corner being on the centerline of Keiser Avenue as shown on that Record of Survey recorded in Book 483 of Maps, at Page 41 and 42' Sonoma County Records; thence southerly along the easterly line of said lands of Cotati-Rohnert Park Unified School District, South 0'03'18" West, 46.00 feet to the POINT OF BEGINNING; thence leaving said easterly line and parallel with the centerline of Keiser Avenue, South 89124'36" West, 1370.61 feet more or less to the easterly line of the lands of Gee as described by Grant Deed recorded under Document Number 1981-07430, Sonoma County Records ,and being the POINT OF TERMINATION. Containing 13,430 Square Feet more or less Being a portion of APN 045-253-01,8 Prepared by Cinquini & Passarino, Inc. Gnquini & Passarino; Inc. CPI No;: 7796-17 1360 North Dutton Avenue, Suite 150 Tel: (707) 542-6268 Fax: (707) 542-2106 Santa Rosa, CA 95401 Page 1 of 2 www.cinquinipassarino.com EXHIBIT B Plat to Accompany Description [to be inserted] Exhibit B EXHIBIT 'B' CI'T'Y OF ROHNERT PARK z o THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY.J Q ANY ERRORS OR OMISSIONS SHALL NOT AFFECT n THE LEGAL DESCRIPTION. J KEISER AVE LEGEND f-TSITE PUBLIC UTILITY EASEMENT w CENTERLINE MEDICAL CENTER flR ADJACENT BOUNDARY R1 RECORD OF SURVEY 483 MAPS 41, SCR SITE MAP NO SCALE B' 6 17r POINT OF EXIS77NG RIGHT OF WA Y EASEMENT COMMENCEMENT (N89'25'11 "E 1370.16)R1 ffE1SER A S89'24'36"W 1370.51' 0 POINT .OF POINT OF 0 TERM/NA TION BEGINNING wE;Q LU 0Cn 0 3w I.' o o w w LANDS OF Co Ln m COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT �.; o' o ! `" APN 045-253-01$ o z 1 rn ON 1991-092090 (nn- -a' 04 z z PROPOSED ROW 10 0£OIGA TION 0 z a a BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM, ZONE II, NAD 83, EPOCH 2011.00 AS DETERMINED LOCALLY BY A UNE BETWEEN CONTINUOUS GLOBAL POSITIONING SYSTEMS (CEPS) STATION P198 AND STATION P197; BEING NORTH 36`1`8'54 WEST AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC). N 0 200" 400' JOB NAME.KEISER DESCRIPTION: COTA -61 IUINI & PAS: LAND SURVEYINC m BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santo Rosa, Co. 95401 CONSTRUCTION Phone: (707) 542-6268 A SUBDMSIONS Fax: (707) 542-2106 WWW. CINQUINIPASSARINO. COM DRAWN BY: CS ICHECKED BY Attachment B to Resolution 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, , a 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 signature(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 Acknowledgement Attachment C to Resolution LICENSE FOR RIGHT -OF -ENTRY The undersigned hereby represents that he/she is authorized to grant and hereby grants permission to the City of Rohnert Park, acting through its duly authorized employees, agents, representatives, or contractors, to enter upon the Cotati-Rohnert Park Unified School District ("District" or "CRPUSD") property (APN 045-253-018) in the areas described below from Keiser Avenue and Snyder Lane as needed for the purposes described herein. It is understood that the City of Rohnert Park shall be liable for injury to person or property arising out of the negligent acts of City or its contractor(s) on the property. The permission granted under this Right -of -Entry is restricted to the following purposes: 1. Construction of improvements for the installation of replacement fencing south and outside of the newly granted Keiser Avenue public utility easement (PUE), on the District's property, within twenty-five (25) feet of said PUE. 2. Widening of Snyder Lane per the City's General Plan from two lanes to four lanes within the newly dedicated Snyder Lane right-of-way. 3. Restoration of ground surfaces and features that are disturbed by construction activities up to 25 feet within the new fence along Keiser Avenue and the widened roadway of Snyder Lane described in items 1 and 2 above. 4. Access for completion, inspection, and evaluation of the work described in items 1, 2, and 3 above on the District's property (APN 045-253-018) within 50 feet of the Keiser Avenue and Snyder Lanes rights-of-way by City personnel and their assigned representatives. The cost of construction of the improvements and work identified in items 1 through 3 above will be incurred by the City of Rohnert Park. Access will be provided to District, though temporary closures of access points may be required from Keiser Avenue. The District will be provided with the design prior to bidding for a fencing contractor, and a construction schedule for all activities related to work on the property will be provided one a contractor is hired. The District will have the opportunity to inspect the new fence as well as the restored surface conditions prior to construction close-out. The fence shall become District property upon its completion, at which time District shall be responsible for its maintenance, repair and replacement. Construction activities described above may begin in in 2019 and are anticipated to continue through 2023. This License for Right of Entry shall bind and benefit the parties and their respective successors and assigns, regardless of whether such successors and assigns expressly agree to be bound by the License for Right of Entry. This License for Right of Entry is the entire understanding between the parties and supersedes any prior agreements or understandings whether oral or written. This License for Right of Entry may not be amended except by a written instrument executed by both parties. If any provision of this License for Right of Entry shall be held to be violative of any applicable law or unenforceable for any reason, the invalidity or unenforceability of any such provision shall not invalidate or render unenforceable any other provision hereof, Keiser Avenue Reconstruction Project CIP Project 2017-18 Page 1-1 April, 2019 Attachment C to Resolution which shall remain in full force and effect. Each individual signing this agreement on behalf of an entity or others warrants that he or she has authority to do so and that the agreement will be valid and binding on the entity or other person for whom the individual has signed. This Right of Entry shall be valid from date of signature below and shall expire 30 days after completion of the Project improvements, as determined by City. Project: Keiser Avenue Reconstruction Project — All Phases CITY PROJECT #2017-18 Assessor's Parcel Number: 045-253-018 Dated: Signature District Point of Contact: Daytime Telephone: Keiser Avenue Reconstruction Project CIP Project 2017-18 Page 1-2 April, 2019