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Home My WebLink About2007-080577� RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE CITY CLERK P.O. BOX 550 ARROYO GRANDE, CA 93421-550 Fee Exempt per GC Sections 6103 and 27383 JULIE RODEW� San Luis Obispo Co Clerk/RecoMer flecorded al lha request of Public IF 12/17/2007 11:25 AM DOC#: 2007080577 IIIIIIIIIIIIIII III Tdles: 1 Pages: 6 Fees 0.00 Taxes OAO Ofhers 0.00 PAID $0.00 GRAN{T OF LICENSE AND AGFt�EMENT AFFECTING REAL PROPERTY THIS GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY ("LICENSE"), made this fifth day of December, 2007, by and between RCI Realty, LLC, a Georgia limited liability company, (the "LICENSEE"), and the CITY OF ARROYO GRANDE (the "CITY"), a California municipal corporation. WHEREAS, LICENSEE is owner of the fee interest in the property (the "PROPERTY") described in Exhibit "A'; and WHEREAS, CITY owns, operates and maintains a right of way (the "RIGHT OF WAY") known as East Grand Avenue along the southern boundary of the PROPERTY; and WHEREAS, LICENSEE has constructed certain improvements (the "STRUCTURES"), including, but not limited to, a handicap rail, on the PROPERTY that encroach into the CITY'S RIGHT OF WAY as generally depicted in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, CITY is willing to allow the STRUCTURES to temporarily remain in thier current locaiion, pursuant to itie terms and cunditiors of this �!C"v�E, so long as they do not interfere with, or cause damage to, the use, operation and maintenance of the RIGHT OF WAY and/or the facilities and any other improvements located thereon. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. CITY hereby grants to LICENSEE a license to temporarily allow the STRUCTURES to remain in their current location subject to the following terms and conditions: a. LICENSEE shall submit as-built plans and specifications for the STRUCTURES to CITY; b. LICENSEE shall comply with any and all instructions and guidance from CITY intended to prevent interference with or damage to the RIGHT OF WAY and facilities located therein; �� LICENSEE. �(� LICENSEE agrees to remove the STRUCTURES should CITY so request in order to gain access to the RIGHT OF WAY or conduct maintenance or repair of facilities located within the RIGHT OF WAY, or to replace any such facilities; LICENSEE shall remove the STRUCTURES within thirty (30) days of written notice, unless CITY notifies LICENSEE of an emergency necessitating removal in a shorter time period, in which case LICENSEE shall promptly comply with such request. Should LICENSEE fail to remove the STRUCTURES within the time frame specified by CITY, CITY, in its sole discretion, may elect to remove the STRUCTURES and any other encumbrances affecting the RIGHT OF WAY or facilities therein and recover all costs and expenses for such removal from LICENSEE agrees to pay for any and all costs for the maintenance, repair or replacement of the RIGHT OF WAY or facilities located in the RIGHT OF WAY resulting from or caused by, in whole or in part, the construction, operation, maintenance or repair, or location of the STRUCTURES within the RIGHT OF WAY; 2. To the fullest extent provided by law, LICENSEE agrees to hold harmless and indemnify CITY from any and all liabilities, damages, wsts, claims, causes of action, complaints or proceedings of any kind or nature arising or alleged to arise from the construction, operation, maintenance or repair, or use of the STRUCTURES by LICENSEE, its agents, contractors, assigns or successors in interest, and third parties of any kind. 3. 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 sixty (60) days prior written notice to LICENSEE. 4. This LICENSE shall be binding upon the successors in interest of any kind to the PROPERTY. In the event of Iegal action to enforce the terms and conditions of this LICENSE, the prevailing party shall be entitled to recover their costs, including reasonable attorney fees and costs. SIGNATURES TO FOLLOW ON NEXT PAGE 2 � �� IN WITNESS WHEREOF, the parties have executed this LICENSE on the day and year first written above. CITY OF ARROYO GRANDE /�Iii. _ � �� .�- �� ; ATTEST: y , �� _ ""� K CC�' MO E, City Clerk r APPROI/ED AS TO FORM: .. • /�n— TIAp THY J C MEL, City Attorney LICENSEE: .�� °"'°i�/' /-.v`�cr �r.rc </ RCI REALTY, LLC, A GEORGIA LIMITED LIABILITY COMPANY [All licensee signatures must be notarized] 3 � �� SIGNATURE ACKNOWLEDGEMENT PAGE .,_ .,,.. TE OF courvn oF _a'2`t NOTAqyti� 2 �.� iu,:�AVBLIp �1 3�9 ' C (SEAL) '��F.;_ ...•:nP�: STATE OF COUNTY OF (SEAL) STATE OF OF On th 1'� ��h d�Y of +v m the year 2C me, ��ifu«, `71G-a �t.ti t ec CtdVl , a Not personally appeared . � . �1 f2 �� r� personally known to me (or proved to me on the basis of satlsfactory 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/herttheir authorized capacily(ies), and that by his/her/their signffiure(s) on the instrument the person(s) or the entiry upon behalf of which the person(s) acted, executed the instrument. my hand and offiaal seal. _ Q .LC'�GG-- o'� . V 0.C�1 LL! C Nd'CQ�.1 On this day of in the year 20_ before me, a Not2ry Public, personally appeared personauy Known to me (or provea to me on the basis ot 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 hislherttheir authorized capacity(ies), and that by his/herltheir signffiure(s) on the instrument the person(s) or the entity upon behalf of which the person(s) aded, executed the insWment. Witness my hand and official seal. On this day of in the year 20_ before me, a Notary Public, personally appeared pErSOnally known to me (or prov8tl to me on the DBS�: satisfactory evidence)to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to that he/she/they executed the same in hislherttheir authori capacity(ies), and that by his/herttheir signature(s) on instrument the person(s) or the entity upon behalf of which person(s) ac[ed, executed the insWment. my hand and official seal. (SEAL) 4 `/ EXHIBIT A 4� PARCEL 3 IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE RECORDED MAY 9, 2007 AS INSTRUMENT NO. 2007-031584 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY �.. e � � � E lLL BUILDING LANDSCAPE W a ¢ U � 0 z g �- ' _ _ _ _ _ _ _ _KIU(it _ _ � a � a N I.L z Q � � � w 0 W a W a ¢ U � 0 Z g HT OF WAY � 3.3't � PEDESTRIAN HANDRAIL �-- �— � E-- E— F-- tlesiqn pro/nebnaN chll snpinwn • bnd survsyon . brM pMnnsia 1998 eaMe baMrs st . san lub oWSpo, ca BY/01 ph: !0&b�92868 • emall: etle�eEelnaeom E � SCALE: 1 "=10' 5 0 10 20 EXHIBIT B job. no. 2.3409 �g pp pOEUM�T GRAND AVENU