HomeMy WebLinkAboutLa Sierra Holdings-2007-16 ACCESS AGREEMENT
THIS AGREEMENT (the "Agreement") is hereby entered into by and between the City
of Grand Terrace (hereinafter"CITY") and La Sierra Holdings, LLC, a California limited
liability corporation (hereinafter "LA SIERRA"),jointly, the Parties, as follows:
RECITALS
WHEREAS, LA SIERRA is the owner of property located within the City of Grand
Terrace, more particularly described as Assessor's Parcel Number 0275-191-30 ("the Property"),
the northeast corner of said parcel being adjacent to the Santa Ana River Trail (the "Trail"); and
WHEREAS, the CITY desires to provide for access by the general public to the Trail
utilizing an approximately three hundred and eighty-two (382) foot existing pathway crossing the
northwest corner of the Property, said property more particularly described in Exhibit "I"
attached hereto (the "Access Property"); and
WHEREAS, LA SIERRA has expended its funds and created the existing pathway and
fencing to provide access to the Trail;
NOW, THEREFORE, FOR THAT CONSIDERATION RECITED HEREIN, THE
PARTIES DO HEREBY ENTER INTO THIS ACCESS AGREEMENT AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated hereat as if set
forth in full.
Section 2. LA SIERRA hereby grants an access easement to the CITY for use of the
Access Property as public access as to the Santa Ana River Trail.
Section 3. CITY hereby agrees to hold harmless, indemnify and defend, LA
SIERRA, its officers, employees and agents from any and all claims for damages, including
reasonable attomey's fees, arising out of the use of the Access Property pursuant to this
Agreement, excluding any intentional or negligent acts of LA SIERRA, its officers, employees
or agents.
Section 4. CITY hereby agrees to name LA SIERRA as an additional insured on the
CITY'S property damage and general liability insurance policy, effective on the date of the
execution of this Agreement.
Section 5. LA SIERRA may terminate this Access Agreement, in its absolute
discretion, upon thirty(30) days notice to the CITY.
IN WITNESS WHEREOF, the Parties hereto have entered into this Access Agreement
on July dPi,'q, 2007.
THE CITY OF GRAND TERRACE, a LA SIERRA, LLC, A CALIFORNIA LIMITED
public body, corporate and politic LIABILITY CORPORATION
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By:
Its: Mayor Its: Presi ent
Attest:
Secretary