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Home My WebLink About2003-119704� kECORDING REQUES'b..rD BY: City of Arroyo Grande A1V'D WHEN RECORDED MAIL TO: Administrative Services Department City of Arroyo Grande 214 E. Brancli Street Arroyo Grande, CA 93420 JULIE RODEWALD sR San Luis Obispo Counry—Clerk/RecoMer 10/1412003 Heeordetl at the requeat of 8:18 AM VitalCheck Network �oc�: 2003119704 III Illlllllllllllllllllllllllryllllllll I�I Titles: 7 Pages: 15 Fees 49.00 iaxes 0.00 Others 0.00 PAID $49.00 AGREEMENT AFFECTING REAL PROPERTY This Agreement is made this 26'�' day of August, 2003, by and between the City of Arroyo Grande ("City"), a Municipal Corporation fotnied in accardance with the laws of the State of California and Ray Bunnell (`Bunnell"), a single man, based on the followiu� facts and circumstances: A. City is the owner of real property identified as Assessor's Parcel Number 007- 771-059 (the "City Property") as inore }�articularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and B. Bunnell is the owner of real property identified as Assessor's Parcel Number 007- 771-064 (tl�e `Bunnell Properiy") as �nore particularly described in Exhibit "B" attached hereto and incorporated l�erein by this reference; aiid C. T3unne1l has requested Ulat the City allow him to use a portion of the City Property to construct a patiu deck (tlie "Deck") to enliauce and improva a restaurant sited on the Bunnell Property; and D. City operates a municipal water system and there is an eigl�t inch (8") water pipeline (the "water line") located in and n�nning througU the City Property; and E. City is willing to grant Bunnell a Revocable License to use a portion of the City Property on the terms and conditions contained herein. L.. � NOW, THEREFORE, in consideration of the Premises the parties do hereby agree as follows: The recitals set forth above are true, correct and incorporated herein. City hereby grants to Bunnell a revocable license to construct a Deck that encroaches into a portion of the City Property as generally depicted in Exhibit "C" attached hereto and incorporated herein by th;s reference. Bunnell agrees to design the Deck in a manner that will facilitate its quick and easy removal so as to allow prompt access to the water line. Bunnell shall submit detailed plans and specifications for construction and installation of the Deck for approval by City and shall obtain all necessary permits and comply with all relevant provisions of the law related thereto. 4. Bunnell agrees that in constructing the Deck he shall comply with any instructions and guidance from City intended to prevent damage to the existing water line located in the City Property. Bunnell agrees to remove the Deck and all related appurtenances, should City so request, in order to gain access to the water line or to maintain, repair or re-construct the water line and any appurtenances related thereto; Buanell shall remove the Deck and all personal property therein within twenty (20) days of written notice from City, unless City notifies Bunnell of an emergency necessitating removal in a shorter time period. Should Bunnell fail to remove the structure within the time frame specified in the written notice from City, City in its sole discretion, may elect to remove the Deck and any other encroachments on the City Property and shall recover ail costs and expenses for such removal from Bunnell. Bunneli agrees to pay for any and all costs for the maintenance, repair, or restoration of the City Property (and/or facilities and improvements therein) resulting from or caused by, in whole or in part, the construction, re-construction, repair, installation, use or maintenance of the Deck and appurtenances located on or in the City Property. �- � 7. In consideration for the license herein granted, Bunnell agrees to grant to City a permanent Public Trail/Access Easement (the "Trail EasemenY') in the portion of the Bunnell Property as described in Exhibit "D" attached hereto and incorporated herein by this reference. 8. Bunneil agrees to improve, construct and maintain a trail in the Trail Easement according to the plans approved in writing by City attached hereto as Exhibit "E" and incorporated herein by this reference. 9. Bunnell shall indemnify, defend, and hold harmless the City and its officers, officials, employees and agents, from and against any and all claims asserted, liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of, directly or indirectly, or in connection with this Agreement or the acts or omissions of Bunnell, Bunnell's subcontractors, employees, representatives, agents, invitees and guests and patrons of the restaurant (or any other commercial establishment on the Bunnell Property) including, but not limited to, performance of the work hereunder or failure to wmply with any of the obligations contained in herein, except such loss or damage which was caused by the established active negligence of City or the established sole negligence or willful misconduct of City, its officers, officials, employees and agents. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such liability, loss, damage, expense or cost. 10. Bunnell shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance shall have been approved by City as to form, amount and carrier: a. Public Liability and Properiy Dama�e Insurance. Bunnell shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall protect City, its elective and appointive boards, officers, agents and employees, and Bunnell and any agents and employees performing wark covered by this Agreement from claims for damages for personal injury, including death, as well as fro�n claims for property damage which may arise from the existence or use of the Deck or from BtuuielPs or any subcontractor's operations 3 �.. ✓ under this Agreement, whether such operations be by Bunnell or by anyone directly or indirectiy employed by Bunnell and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,OOQ000 for injuries, including, but not limited to, death to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence: (2) Property Damage Insurance. In an amount of not less flian $1,000,000 for damage to the property of each person on account of any one occurrence. (3) Comprehensive Automobile Liability. Bodily injury liability coverage of $1,000,000 for each person in any one accident and for injuries sustained by two or more persons in any one accident. Property damage liability of $1,000,000 for each accident. (4) Workers' Compensation Insurance. In the amounts required by law. b. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to, and approved by, City. City may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects City, its elected or appointed officials, employees, agents or volunteers. c. Proof of Insurance. Bunnell shall furnish City, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give City af least tlurty (30) days' prior notice of the cancellation of any policy during the effective period of this Agreement The certificate or policy of liability of insurance shall name City as an additional insured with Bunnell. 11. No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision, including the time for perfonnance of any such provision. The exercise by a party of any remedy 0 �.. � provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 12. Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 13. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. 14. This Agreement inures to the benefit of, and is binding upon, the parties, their respective heirs, successors and assigns. 15. Masculine, feminine or neuter gender and the singular and the plural number, shall each be considered to include the other whenever the context so requires. If either party consists of more than one person, each such person shall be jointly and severally liable. 16. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises. 17. All notices and demand shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and return receipt requested. Notice shall be considered given forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafrer be given as demanded in that notice. � CITY: City of Anoyo Grande Attn: City Manager P.O. Box 550 Arroyo Grande, CA 93421 BiJNNELL: Ray Bumlell � 14l Suburban Yoad, S.iite A-5 Sau Luis Gbispo, CA 93401 18. This Agreement may be executed in two or more counterparts, each of which shali be deemed an original, but all of which shall constitute one and the same instrument. 19. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting par[y shall not apply in interpretation of this Agreement or any amendments or exhibits thereto. 20. T6e Parties hereby represent that the individuals executing this Agreement are expressly authorized to do so on and in behalS of the parties. 21. Amendments to this Agreement shall be iu writing and shall be made only with the mutual written consent of all of the Parties to this Agreement. 22. The Parties agree that a facsimile transmitted copy of this Agreement shall constitute an original Agreement and may be relied upon by either party. 1N WITNESS WHEREOF, the Pai4ies have executed this Agreement as of the date first written above. � � By: � RAY BUNNELL CITY OF ARROYO GRANDE ; �7// i�-�,< =�_ City Manager ATTEST: I' � �' I �,il� � i �n..... �,� , , .'�u�:s Director of Administrative Services Deputy City Clerk APP VED AS T B TI THY J. City Attorney �., STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) :.� On ��-Q � � Q3 > before me, �, �Q/� , Notary Public, personally appeared RAY Bi7NNELL, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, ar the entity upon behalf of which the person acted,' executed the instrument. WITNESS my hand and official seal. B. HOGAN �' COMM. # 1307261 < Signature � c � ' Notary Public-Cafltomia �, County of San Luis Obispo My Comm. Exp. June 25, 2005 FOR NOTARY STAMP STATE OF CALIFORNIA ) COLTNTY OF SAN LUIS OBISPO ) On -��rY7�Kl�,2o before me, 7��Z�YGc�£�»oQ�, Notary Public, personally appeared STEVEN ADAMS, personally known to me ar proved to be on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and'acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my han and official seal. Signature (��(�vU{�/Z� FOR NOTARY STAMP . ...��. >�......� � a �rri�,r Wt-tMORE Commission S 1289�! � Nofary PubIIC � CaINmAa � � Son � uis Obispo COYllly Mv��znm f�es lan�'�5 - . � � EXHIBIT A ..� Lot 14 of Parcel Map AG 79-840 in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map recorded October 3, 1980 in Book 29 at Page 79 of Parcel Maps in the Office of the County Recorder of Said County. � EXHIBIT B � Pazce12 of Pazcel Map No. AG 82-35, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map recorded June 25, 1982 in Book 32 at Page 31 of Parcel Maps in the Office of the County Recorder of Said County. Rug 18 2003 17:31 V�3HRN SURVEYS ��2385835 P•Z EHIBTT C '[t�at portion of Lot 14 of Pax�cel Map AG 79-&40, in the Ciry of Arroyo Grdnde, County nf San Luis Otiispo. StaLe of Califamia, according to the map iecorded October 3, 1980 in Book 29 az Page 79 af Parce! Maps, filed in the offix of the County Rxorder of said County and State, more pazticulazly dcscdbed as follows: Begin�ing at the most SoulheAy comer of Para12 of Paral Map No. AG 82-35, ia said City County and gtate, acooiding W the map recorded lune 25, 1982 in Hook 32 at Pagc 31 of Pazcd Maps, 51ed in tiu affix of the County Recorder of said County and State, thence along ihe line cammon to said Pazcel 2 and said Lot 14, North 74°04' I S' West, a distance nf 140.00 feet; Thenx leaving said rnmmon line South 15°SS'45^ Wes[, a distanx of 16.00 feet; Thenz South 74 15" East, a distance of 105.00 icet; Thenx South 15 West, a distana of 14.00 feet; Thrnx South 74°04' 15" Fast, a distence of 35.00 feer, Tt�rnce North 15 Eazt, a distance of J0.00 fcet to thc Point ofBeginning. RJg 1E�2003 17:31 V�GHFM SURVEYS '��52385835 U � n t x w a m � z O N -T• C) D �T t. .. � Sep 16,Z003 16:43 V�;HRn SURVEYS 8 2385835 `./ p . 2 E7C.�TT "D" Th� P�wan ��*�12 o2'Parccl Map No. AG 82-35, in thc City of Arroyo Grande, County of San Luis Obispo, State of Califoroia, axording m �he map rxorded ]uoe 2S, 1982 in Bbok 32 at Page 31 of Parcel Maps, filed in the office of the County Recorder of said Counry and Slate, more paiticularly described as follows: Beginning at the most Easterly corner of said Parcd 2, thence aleng ihe Northedy line of said Paccel 2, North 72°48'S9" West, a distana of 8.00 fect; Thence leavmg said Norther]y line, South 08 Eas� a distance of 16.62 fcet to d�e Easterly line of said Pancel 2; Thence along said Easterly line, North i0 East, a distance of 15.00 foct, to the Point ojBeginnrng. Together with that portion of Parcel 2 oC said Parcel Map, more partic,vlarly described as follows: Beginning az the m�t Southerly corna uf Said Pazcel 2, Thence along the Easudy line of said Pazce12, North 45 East, a distance of 16.00 feet; Thence leaving said Fasterly line, Noith 88°55'S9" Wes1, a distance of 30.91 fae[; Thence South 15 Wesc, a dislanx of 6.00 fat to the Southerly line oF said Parce12; Thence along said Southerly line, South 74°04' 15" East, a distance of 22.00 fect to the Poi�¢ ojBeginnixg. Sep 16,2003 16:43 VF ;HRn SURVEYS \/ e � Y � L X W a ca � Pq `32/P/,,�3 2 / N88 30.91' �$ ce S,4o � 2 � �or � 4 2 9/P�, j � 79 NO SCALE Rug 1E�2003 17:31 V�,�HRn SURVEYS < 1�2385835 3 �� 2/P 3 3 � 2/p 2 N 7 8o4S w 1 . n.,, , t3� O c� � � � � 0 0 � � m � , 0 ti 2 N � 1� � L x w a � � NO SCALE 29 � l 4 /PM�,� END OF DOCUMENT