CA DEPT TRANSPORTATION 14 - 2005

Home Browse Search

; . RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cont.) RW 8.3 (Rev. 6/95) Page 2 of 4 3. Permission if hereby granted to State or its authorized agent to enter upon grantor(s) land where necessary within that certain area shown outlined in color on the map marked Exhibit "A" attached hereto and made a part hereof, for the purpose of constructing the State's freeway project. It is further understood that the Grantor(s) grant the State or its authorized agent permission to enter upon Grantor(s) remaining land, where necessary, to install material used to secure the area during construction as shown on the attached map and as described in Clause 2( C) ofthe contract. 4. State agrees to indemnify and hold hannless the Grantor(s) from any liability arising out of State's operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operations under this agreement and State, will, at its option, either repair or pay for such damage. 5. It is understood and agreed by and between the parties hereto that payment in Clause 2(A) above includes, but is not limited to, payment for: I Lame Tree and 1.846 SF of the Sorinkler svstern, which are considered to be part of the realty and are being acquired by the State in this transaction. 6. It is understood and agreed that included in the amount payable in Clause 2(A) above includes compensation in full for the actual possession and use of a Temporary Construction Easement identified as Document No. 102340-2 for a period of 9 months. Said period to commence with the first entry on grantor's property by State's contractor. At least 48(forty-eight) hours advance written notice will be given before any entry on grantor's property. Upon entry of the property by the State and/or its authorized contractor, all work within the Temporary Construction Easement area shall be completed within 9 months. In the event said actual use extends beyond the prescribed 9 month period of time and said use is verified through the State's contractor logs, the State shall pay the grantor(s) by amended Right of Way Contract at the same contract rate of $461.50/mo. (102340-2), for the Temporary Construction Easement prorated to the actual date said actual use terminates. It is further understood that in no event shall the temporary right granted herein extend beyond the completion of the construction project or December 31. 2006. whichever is earlier. 7. Grantor( s) warrant( s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor( s) further agree( s) to hold the State hannless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor( s) for a period exceeding one month. 8. It is understood and agreed that in the event the grantor plans to sell, lease, or rent the grantor's property prior to the earlier of the completion of the project or the fmal expiration date of this temporary easement, the grantor's shall inform, in writing, any and all parties involved in said sale, lease, or rental, of this temporary easement and associated construction project by the State. 9. In consideration of the State's waiving the defects and imperfections in the record title, as set forth in Clause 2(A), the undersigned grantor(s) covenants and agrees to indemnify and hold the State of California hannless from any and all claims that other parties may make or assert on the title to the premises. The grantor's obligation herein to indemnify the State shall not exceed the amount paid to the grantor(s) under this contract. 10. The Grantor(s) agree(s) that no improvements, other than those already on the fee and temporary construction easement, shall be placed thereon; and the planting of any crops, trees, or shrubs, or alteration, repairs, or additions to existing improvement) which may hereafter be placed thereon, are at Grantor's risk and without expectation of payment if removed by the State.