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Home My Public Portal About12%20-%20Recorded%20Mobile%20Home%20Park%20Permit%20to%20Enter%20and%20Construct If Recording Requested By: Ic Nevada county Recorder I " and Gregory J. Diaz Document#: 20130011846 Thursday April 25 2013,at 01:44:21 PM Return to: Town of Truckee Paid: CP Judy Price, Town Clerk 10183 Truckee Airport Road Truckee CA 96161 Not Subject to Fees: GCS 27383 PERMIT TO ENTER AND CONSTRUCT Nevada County APN No.: 18-660-40 Project No.: HPLU 5473 (007) Project Name: SR-89 Mousehole Pedestrian Undercrossing and Multi-Use Path Design Project Recorded Owner(s)/Grantor(s): Donner Creek Limited, a California limited partnership Property Address: 11222 & 11272 West River Street, Truckee, CA Section 1. Recitals A. Donner Creek Limited, a California limited partnership ("Grantor") is the owner of certain real property commonly known as 11222 & 11272 West River Street, in the City of Truckee, County of Nevada,bearing Assessor Parcel No.: 18-660-40 (the"Property"). B. The State of California (hereinafter"State") is the owner of certain real property in the form of a state highway(State Route 89), which adjoins the property of Grantor. C. The Town of Truckee, a municipal corporation of the State of California (hereinafter"Town") is proposing to construct the SR-89 Mousehole Pedestrian Undercrossing and Multi-Use Path Design Project (hereinafter"Project"). Town anticipates obtaining an encroachment permit from State to construct project. Project requires the reconstruction of Grantor's driveway and appurtenances thereto, including a fill slope. D. Grantor and Town desire to cooperate in improving the existing driveway through improvements depicted on Exhibit A hereto, which Exhibit is incorporated by reference herein as if fully set forth. E. For Town to construct the desired improvements, the granting of a permit to enter and construct by Grantor is required. F. Town and Grantor intend to set forth in this document the terms and conditions under which such consent will be granted and construction of the improvements completed. 84.0002 2540648.1 TOWN OF TRUCKEE Page 2 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT Section 2. Consideration A. This Agreement is entered for and in consideration of the mutual promises herein exchanged and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged. Section 3. Permit to Enter and Construct A. Grantor hereby grants to Town, its agents and/or contractors, a Permit to Enter and Construct (the"Permit"),upon that portion of the Property shown on Exhibit"A" ("Permit Area"), attached hereto and incorporated herein, for the purpose of reconstructing Grantor's driveway and appurtenances thereto, including a fill slope, within the Permit Area, incident to the construction of the Project. This Permit shall be non-exclusive, such that Grantor may use the Permit Area at any time in a manner which does not interfere with construction activities. Grantor and Grantee agree that the improvements, identified in Exhibit A, are preliminary. Any significant changes to the Project's scope of work shall be mutually agreed upon by both parties to this agreement through the execution of an agreement amendment. B. 90%plans will be submitted to Grantor for review prior to construction. C. Town shall hold harmless, indemnify, and defend Grantor from any liability, claim, or suit to the extent caused by and arising from Town's entry onto the Property for construction purposes, including the payment of the reasonable legal fees of Grantor incurred in defense of any such liability, claim, or suit. This indemnity shall not extend to the intentional or grossly negligent acts of Grantor, its agents, employees, or beneficiaries. The terms and conditions of this provision shall remain effective for one year after the Notice of Completion for the Project construction has been filed with Nevada County. D. Town shall restore the real property outside the construction area to substantially the same condition as existed as of entry upon the completion of construction. E. Upon completion of Town's improvements upon the Property, such improvements shall belong solely and entirely to Grantor, and Grantor shall be deemed to accept them in their then-current condition. Grantor acknowledges that following completion of the improvements upon the Property, Town shall have no further responsibility for repair or maintenance of the improvements. Section 4. General Provisions A. Power and Authority Grantor represents and warrants that it has all requisite power and authority to enter into this Agreement and to carry out its obligations under this Agreement. No consent, approval, or authorization of any third person to Grantor's execution, delivery and performance of this 84.0002 2540648.1 TOWN OF TRUCKEE Page 3 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT Agreement is required, other than consents, approvals and authorizations which have already been unconditionally given, or which may be required by governmental authorities. B. Entire Agreement This Agreement constitutes the entire agreement between the parties. The parties intend this Agreement to be a final expression of their understanding for the transaction it covers. The parties intend that this Agreement supersede any prior agreements the parties may have reached concerning the Property, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement be complete and exclusive, and that no extrinsic evidence may be introduced in any judicial or arbitration proceeding involving this Agreement. Any attached addenda, either signed or initialed by the parties, shall be deemed a part of this Agreement. There are no other understandings, either oral or written, that alter or enlarge this Agreement, and there are no warranties or representations, either express or implied, except as set forth in this Agreement. C. Amendments This Agreement may not be amended, supplemented or modified in any respect except by a further agreement in writing executed by Grantor and Town. D. Counterparts This Agreement and any written supplement, addendum, or modification, including any photocopy or facsimile, may be executed in two or more counterparts, all of which constitute the same writing. E. Severability If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected. F. Waivers No waiver or breach of any covenant or provision in this Agreement shall be deemed a waiver of any other covenant or provision, and no waiver shall be valid unless in writing and executed by the waiving party. G. Further Assurances Whenever requested by the other party, each party shall execute, acknowledge, and deliver any further conveyances, agreements, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and any further instruments and documents necessary, expedient, or proper to complete all conveyances, transfers, sales, and agreements 84.0002 2540648.1 TOWN OF TRUCKEE Page 4 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT under this Agreement. Each party shall also do any other acts and execute, acknowledge, and deliver all requested documents needed to carry out the intent and purpose of this Agreement. H. Third-Party Rights Nothing in this Agreement, express or implied, is intended to confer on any person, other than the parties and their respective successors and assigns, any rights or remedies under this Agreement. I. Construction, Recordation, and Binding Effect Headings in this Agreement are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include plural, and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties,but rather as if both parties have prepared it. This Agreement shall be recorded in the Official Records of Nevada County, California and shall run with the land and bind Owner's successors in interest. J. Governing Law and Venue This Agreement shall be governed by and construed in accordance with California law. Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the Truckee branch of the Nevada County Superior Court. K. Presumptions Both parties intend that this Agreement shall be fairly interpreted to carry out its terms. No presumption shall arise from the identity of the drafter. Section 5. Special Provisions A. Town will promptly repair and restore any damage to Grantor property caused by Town's construction activities to within or adjoining the Permit Area to the satisfaction of Grantor in the reasonable exercise of Grantor's discretion. This Permit is valid from the date both parties sign the Permit until the completion of the Project and the Notice of Completion for the Project construction has been filed with Nevada County, at which time the Permit shall automatically terminate. Grantor hereby certifies that it is the owner of the Property identified above and represents that it has the legal authority and right to grant this Permit. This Permit shall be binding upon Grantor, their heirs, successors, and/or assigns, for the duration of the Permit as noted above. 84.0002 2540648.1 TOWN OF TRUCKEE Page 5 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT In WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth below. GRANTOR: DONNER CREEK LIMITED, A TOW"F T CKEE,A MUNICIPAL CALIFORNIA LIMITED PARTNERSHIP CORP O RAT N OF THE STATE OF CALI A By: Newport Principals Limited, Its General Partner By: Tony Lashbrook By: Newport Pacific Capital Properties Town Manager Corporatippi It e aI,P rtn By: Date: Clarke Fairbrother, Its President Date: APPROVED AS TO ORM: By: '/406 A" Andrew Morris Town tto y Date: l� 3 84.0002 2540648.1 TOWN OF TRUCKEE Page 6 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT STATE OF�T�p�2�l A ) ss. COUNTY OF O�Z-kN G%—:�) ) On QR t2 q 0 before me, f3 4-L-k G k �A , Notary Public, personally appeared C K4�, , who proved to me on the basis of satisfactory evidence to be the personal whose names) is/afe subscribed to the within instrument and acknowledged to me that he/sheftlrey executed the same in his/lar�r authorized capacity(ios), and that by his/he�r signature(s� on the instrument the person(.&-), 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. v t Co €anIIA7 Mary Omo - Notary Public Co . 20 20tT STATE OF ) ss. COUNTY OF f, j `� On �( 4 before me,��&0 ��. � fel t/(/ Notary Public, personally appeare 6-n 5 � , who proved to me on the basis of satisfactory evidence to be the persons&rwhose name(,)--is/are subscribed to the within instrument and acknowledged to me that he/she/tOy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature4) on the instrument the person(+), or the entity upon behalf of which the person(A) 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. SHANNA D. KUHIEMiER - : Commission# 1879004 a �� Notary Public-California z otary Public Z `% Nevada County My Comm. Expires Feb 2,2014 84.0002 2540648. TOWN OF TRUCKEE Page 7 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT EXHIBIT "A" TO PERMIT TO ENTER AND CONSTRUCT APN: 18-660-40/Donner Creek Limited, a California limited partnership Mobile Park Driveway Conceptual Design, 12/3/12 (For Reference Purposes Only) [SEE THE FOLLOWING THREE PAGES] 84.0002 2540648.1 TOWN OF TRUCKEE Page 8 of 10 PERMIT TO ENTER AND CONTRUCT SR 89 MOUSEHOLE PEDESTRIAN UNDERCROSSING AND MULTI-USE PATH DESIGN PROJECT t f S t V, �> d.l t t hh cC 4 ` qI-cn- or WPT 18+76 65 1 Q PRC 18+52 86 , a n w U \ J z \ r �f m C t C� t cc , � E • Y �h G j A � r lk co z J Oi \ O v� w o � cli Cn Lij E r \ O Z t f r O LL w 0- Q i f _ lQN ry W S Z a 11 j t . 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