The URL can be used to link to this page

Home My WebLink About2016-012619 2016012619 Tommy Gong - San Luis Obispo - County Clerk-Recorder RECORDING REQUESTED BY AND 03'23'2016 @2:09 PM WHEN RECORDED RETURN TO: Recorded at the request of CITY OF ARROYO GRANDE Titles: 1 Pages: 6 CITY CLERK Fees: $29.00 300 EAST BRANCH STREET Taxes: $0.00 ARROYO GRANDE, CA 93420 Total: 29.00 1111FECROVVVIIIII GRANT OF NONEXCLUSIVE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of Nonexclusive License and Agreement Affecting Real Property ("AGREEMENT") is entered into as of JANUA,y ZZ , 20 /Go by and between the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized under the laws of the State of California, and MFI, Limited (the "LICENSEE"), a California limited partnership. WHEREAS, LICENSEE owns the property located at 139 West Branch Street, Arroyo Grande, California; and WHEREAS, CITY owns property at the front of the property located at 139 West Branch Street; and WHEREAS, LICENSEE has received approval from the Community Development Director to renovate the fagade and remodel the rear portion of the locally designated historic structure located at 139 West Branch Street (Plot Plan Review 12-006); and WHEREAS, Plot Plan Review 12-006 contains conditions of approval that must be implemented by LICENSEE; and WHEREAS, Condition of approval No. 7 requires LICENSEE to obtain permission to use the property adjacent to the front of 139 West Branch Street, owned by CITY; and WHEREAS, CITY desires to allow LICENSEE to use CITY's property as part of LICENSEE's use of its property located at 139 West Branch Street. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of License. CITY hereby grants to LICENSEE a license to use the property described in Exhibit A and shown schematically in Exhibit A-1 ("Property"), both of which are attached hereto and incorporated herein by this reference, subject to the following terms and conditions: 1 • • a. LICENSEE agrees to maintain the Property including maintaining and replacing the landscaping, street trees and plaza improvements located on the Property to the satisfaction of the City. b. LICENSEE agrees LICENSEE's use of the Property is restricted to landscaping and a paved plaza. c. LICENSEE understands that LICENSEE's use of the Property is not exclusive and that the Property may be accessed by the general public. 3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless CITY, its officials, employees and agents, from and against any and all liability, loss, costs (including reasonable attorney fees), or claims for personal injuries or property damage arising out of, in whole or in part, LICENSEE'S or LICENSEE'S agents, contractors, assignees or successors in interest, of any kind, use of the Property. 4. Revocation. CITY may immediately revoke this License without notice for a breach of or failure to comply with any of the terms and conditions set forth herein; CITY may revoke this License without cause upon thirty (30) days written notice to LICENSEE. 5. Notice. Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To CITY: City of Arroyo Grande Attn: Dianne Thompson 300 E. Branch Street Arroyo Grande, CA 93420 To LICENSEE: (Y1 F 1 i-i uv► r i -736 K 41 RI) 5 Li 11-62`10 SAN cups otSi5pv ci- '13L/01 6. Binding Effect. This Agreement shall be binding upon the successors in interest of any kind to the property. 7. Attorney's Fees. In the event of legal action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover their costs, including reasonable attorney fees. 2 cs 8. Amendment. This Agreement may not be amended or altered except by an instrument in writing executed by CITY and LICENSEE. 9. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality or enforcement of this Agreement shall have no effect, but all remaining provisions of this Agreement shall remain in full force. 10. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with California law. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE MFI, � I By: �a DIA NE THOMPSON _. City Manager ATTES : �O p►RRO-ko_ KELLY WET ORE ORS City Clerk 41 "'L'10. 1911,+ -� APPRO ED AS TO O�FORM: c4QFORNIP - i L�t/�L/reed tv-L, HEATHER WHITHAM City Attorney 3 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 ! _ i County of,�1XL 1r1 ll S O ?o ) On w - 69.C•114 before me, nN ,R� (insert name an title of he officer) personally appeared A%r)cbe. ,4 ' . aV` who proved to me on the basis of satisfactory evidence to be the perso (whose namets)is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/N.r/th41r authorized capaciity(it's),and that by his/her/thbir signature(s)on the instrument the person(,or the entity upon behalf of which the persoka)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. LA MM WITNESS my hand and official seal. � Y' Commission#2115177 ';,t • Notary Publk-Cslitto No •o-+% Son Luls Oblsoo Count/ • M Comm.E ins Jul 10 2019 Signs r (Seal) Page's L' I • EXHIBIT A Legal Description Nonexclusive License and Agreement Affecting Real Property A portion of Branch Street adjacent to Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a 5/8" rebar with cap "LS 5702"set to mark the most westerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence along the southerly right-of- way of West Branch Street 1) North 80° 54' 31" East, 58.17 feet to the northeasterly corner of said Lot; thence along the northwesterly projection of the northeasterly line of said Lot 2) North 33° 08' 00"West, 8.76 feet to the existing back of sidewalk along the southerly side of West Branch Street; thence along said back of sidewalk 3) South 77° 51' 36"West, 58.90 feet to the northwesterly projection of the southwesterly line of said Lot; thence along said projection 4) South 33° 08' 00" East, 5.44 feet to the Point of Beginning. The above-described parcel contains 377 square feet, more or less. The above-described parcel is graphically shown on Exhibit A-1 attached hereto and made a part hereof. * * * SAND S �� . O 73� Z LP // I F OF C AL.F 4 740( ichael B. Stanton, PLS5702 Date Wednesday, August 26, 2015; 2:07 PM Page 1 of 1 M:\12-008 139 West Branch-AG\EASEMENTS\139 W Branch Street Rev ROW Esmt Legal Description.doc Randy Ellison,LS7065 EXHIBIT A - 1 , NONEXCLUSIVE LICENSE AND AGREEMENT z ' • AFFECTING REAL PROPERTY A PORTION OF WEST BRANCH STREET, ADJACENT TO LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA EXISTING RIGHT OF WAY LINE � � S33'08'00"E 5.44' • Q _ 1-41,\/ vv 0/,/ 7 POINT OF BEGINNING \\\\ S>>' sQ \\\ 5136,w 1 \\\ 56 F 4 3 .\\\* 1 F s TO N N33'08'00"W 8.76' W K 5. LOT 2 NB MB 8 G N d N o LOT 1 HATCHED AREA INDICATES B M B 8 LICENSE AREA FOR W USE OF CITY PROPERTY 0 ° rr ° iN �� 7-- /g 03 L OWr iS ADDITiON Ls) 2 0' 20' W 0 t SCALE: 1" = 20' m rn Co M U' Q t U O m 3 OJ m M to ° O 1 `'°''' MICHAEL B. STANTON PLS 5702 -'';," a; 56, °!:,'1, ' 3563 SUELDO ST. UNIT Q ` ° ''''"-- SAN LUIS OBISPO, CA 93401 1.:—Af O, U_R-VEYS 805-594-1960 August 26, 2015 JOB #12-008 END OF DOCUMENT