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Home My WebLink About1994-070427� RECORDING RF.QUESTED gy AND WHEN RECORDID, RETLTRN TO: City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93421-0550 Doc No: 199a-�i10421 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Dec 08, 1994 Time: 14:35 �� 6 � • � � � Rec No: GG086134 ;NF � � � � � � � ;TOTAL 0.00 0.00 THIS AGREEMENT is made and entered into this �� day of November, 1994, by and between KHATCHII� H. ACHADJIAN ("ACHADJIAN") and the CITY OF ARROYO GRANDE, a municipal corporation and one of ihe cities of the State of California ("CITY"). WHEREAS, ACHADJIAN is the owner of real property located at 525 TrafFic Way, Arroyo Grande, California (the "property"); and WHEREAS, ACHADJIAN sought and received a Conditional Use Permit ("CUP") to constntct a mini-mart and gas station on the property; and WHEREAS, one of the conditions of approval for said CUP requires ACHADJ7AN to enter into a maintenance and indemnification agreement for improvements located between the back of the sidewalk adjacent to the property and the CITY's right-of-way. NOW ' in consideration for the granting of said CUP and for other valuable consideration, receipt of which is hereby aclrnowledged, the parties do hereby pmmise and agree as follows: 1. ACHADJIAN sha11 maintain in good repair and in a safe condition, at his sole cost and expense, the real property and any impmvements thereon located between the back of the sidewalk and the CITY right-of-way as shown on Ezhibit "A" attached hereto and incorporated herein by this reference. 2. Should ACHADJIAN fail to perform the maintenance specified in Paragraph 1, above, after thirty (30) days written notice from CITY of the need for such maintenance or repairs, CITY shall have the option of performing such maintenance repair and all costs incurred by CITY related thereto shall be an obligation and liability of ACHADJIAN. � .1 3. CITI' or any officer or employee thereof shall not be liable for any injury to persons or pmperty occasioned by reason of the acts or omissions of ACHADJIAN, his agents or employees in the performance of this Agreement. ACHADJIAN further agrees to defend, indemnify, and save harmless CITY, its officers, agents and employces from any and all liability, claims, demands, suits or causes of action from damages, of whatsoever ldnd and nature and to whomsoever occurring, arising out of Uris Agreement and/or the performance or attempted performaace thereof, in whole or in part. 4. All notices required or provided under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the U.S. Mail. Notices shall be addressed as follows unless a written change of address is filed with CITY: CITY: City of Anoyo Grande P.O. Box 550 Arroyo Grande, CA 93421-0550 ACHADJIAN: Khatchik A. Achadjian 525 Traffic Way Arroyo Grande, CA 93420 5. In the event that suit or azbitration is bmught to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 6. Agreement. 7. The recihals to this Agreement are hereby incorporated into the terms of this It is agrced that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Califomia. L� � This Agreement shall bind the parties hereto, their successors and assigns. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any ldnd preceding the date of this Agreement shall not be binding upon any party except to the extent incorporated in this Agreement. -2- � .s 10. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 11. The failure of any party to Uus Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or ihe waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. IN WiTNF.SS WHERFAF, this Agreement is entered into as of the date and year first above written. ACAADJIAN: 1 �� C� �—i � ...�: � �s - .. . CITY: CITY OF ARROYO GRANDE � ATTFST: / �, / ' , i [ALL SIGNATURES MUST BE NOTARIZED] I� � -3- .: � STATE OF CALIFOI2NIA COUNTY OF SAN LUIS OBISPO : ss � On� I� , 1994, before me, a Notary Public, personally appeared �-l��'r '� ��..�� a� , personally known to me (or proved to me on the basis of satisfactory evidenc 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 insirument the person, or the entity upon behalf of which the person acted, ezecuted the instrument. WITNESS my hand and official seal. OFFICIALSEAL JEANNE S. VENEMl1 NO7ARY PUBLIC - CALIFORNIA PqINCiPALOPFICF IH SAN LUi5 08I3P0 COUN iV My Cortxnixsun Evp. $apt 5, 19I5 STATE OF CALIFOI2NIA COUNrY OF SAN LUIS OBISPO ss On ��, 2, „ , 1994, before me, a Notary Public, personally appeared `�'17 a�LR�A,- Q9,�, , personally known to me (or proved to me on the basis of satisfactory evidence) 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 khe person, or the entity upon behalf of which the person acted, ezecuted the instrument. OFFICIAL SEAL � , ��'�'� JEANNE S. VENEMA � �,;� " .F��° PRINCIPALOFFICEIN SAN lUi3 OBISPO CpUN1V My Commisabn [xp. SepL 5, 1995 [SBAL] WITNFSS my hand and official seat. -4- � STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO) :.� On December 2, 1994, before me, JEANNE S. VENEMA, a Notary Public in and for said State, personally appeared NANCY A. DAVIS, personally known to me (or proved to me on the basis of 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 irt his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. '�3-vnSL ,. � r ANNE S. VENEMA NOTARY PUBLIC t• JEANNEB�VENEMq + , �ta' rmrnar rueu � � � - PRINCIFA n��IFCAN!A SAN LUIS 0819Pp(;OUNTV � MY �mmjsabn [xP. SepL 5, 1995 ��+NN —� �x��BIT ' A' 11-14-94 ) W . Z . IJ � � I W a � a AP#07- 621- 39 (525 TRAFFIC WA Y) AREA T❑ BE MAINTAINED BY ❑WNER ❑F 525 TRAFFIC WAY W Z J r r � a °� a CITY RIGHT- I _ _ '/i - D.W. - �\ �=8=SIDEWALK/' '/' ` D.W, - � - � �! � - � EXISTING CURB AND GUTTER � � �"1-�14F�'IC �A Y � 100 WIDE) � 2 0 �, ti y ` ' / � f- Z W U � O 0 LL O O Z t11