HomeMy WebLinkAbout2019-023930 2019023930
Tommy Gong
San Luis Obispo - County Clerk-Recorder
06/21/2019 11:22 AM
Recorded at the request of
RECORDING REQUESTED BY AND PUBLIC
WHEN RECORDED RETURN TO: Titles: 1 Pages: 5
CITY OF ARROYO GRANDE Fees: $0.00
CITY CLERK Taxes: $0.00
300 E:BRANCH STREET Total: $0.00 L
ARROYO GRANDE,CA 93420 VIII i��jj'� WII 'I II I
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GRANT OF LICENSE AND AGREEMENT AFFECTING REAL
PROPERTY
THIS Grant of License and Agreement Affecting_Real Property, ("AGREEMENT") is
entered into as of April 23rd, 2019 by and between the CITY OF ARROYO GRANDE;
;;(the "CITY"), a ;municipal corporation organized under the laws of the State of
'California, and Lucia,Mar Unified Unif14001itiql District(the "LICENSEE").
WHEREAS, CITY owns an easement and right of way (the Easement") in the real
property described as 600 Crown Hill Street(the "Property"); and
WHEREAS, LICENSEE hasconstructed certain improvements on the Property which
encroach into the Easement, including a retaining wall (the Structure"), as generally
depicted in Exhibit"A" attached hereto and incorporated-herein by this reference.
WHEREAS, CITY is willing to allow the Structure to temporarily remain so long as they
do not interfere with, or cause damage to, the use, maintenance and operation of the
Easement and/or the facilities and improvements located therein.
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 allow the
Structure to remain in its current location in the Easement, subject to the
following terms and conditions:
a. LICENSEE shall submit as built plans and specifications for the Structure
to CITY;
b. LICENSEE may not modify the Structure Without written approval from
City. Any such modification shall comply with any and all instructions and
guidance from CITY intended to prevent interference with or damage to
' the Easement and facilities located therein;
c. LICENSEE agrees to remove the Structure should CITY so request in
order to gain access to the Easement or conduct maintenance or repair of
facilities located within the Easement, or to replace any such facilities;
LICENSEE shall remove the Structure within thirty (30) days of written
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notice, unless CITY notifies LICENSEE of an emergency necessitating
removal in a shorter time period. Should LICENSEE fail to remove the
Structure within the time frame specified by CITY, CITY, in its sole
discretion, may elect to remove the Structure and any other
encumbrances affecting the Easement or facilities therein and recover all
costs and expenses for such removal from LICENSEE.
d. LICENSEE agrees to pay for any and all costs for the maintenance, repair
or replacement of the Easement or facilities located in the Easement
resulting from or caused by, in whole or in part, the construction,
operation, maintenance or repair, or location of the Structure within the
Easement;
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, the construction, operation,
maintenance, repair or use of the Structure by LICENSEE, his agents,
contractors, assignees or successors in interest, of any kind.
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: Robin Dickerson
300 E. Branch Street
Arroyo Grande, CA 93420
With copy to: Heather Whitham
Carmel & Naccasha LLP
1410 Marsh Street
San Luis Obispo, CA 93401
To LICENSEE: Andy Stenson
Lucia Mar Unified School District
602 Orchard Street
Arroyo Grande, CA 93420
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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.
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/Jurisdiction. The validity, meaning, and effect of this Agreement
shall be determined in accordance with California law. Jurisdiction for any action
commenced regarding its terms of interpretation shall be in the state court of
proper jurisdiction for the County of San Luis Obispo.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
CITY OF ARROYO GRANDE
�
t. By:
-- - - James * '�, , - — ---- -S;- sy Stenson - - -- -
City Maria.
LAUD Board 01 cI tion
ATTEST Approved:
46. Uituttosc,
Kelly We. ore
City Clerk
APPROV D AS TO FORM:
ather K. Whitham
City Attorney
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- 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 )
)
Coury of San Luis Obispo )
- On-c U-n e (-WIC) , before me, Lnaa.,A cwxi-r - , notary public,-- --
personally appeared Ai c`(,L,' El-t-nsDat, , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) ijare subscribed to the within
instrument and acknowledged to me that 6she/they executed the same in -g/her/their
authorized capacity(ies) and that byhis her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the .person(s) 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. - -- - - ------ -- -
WITNESS myhand and official seal. LINDA A.STEWART
, $ 1- commission#2125232
'�'r'. ;,.s.
1•- 1 Notary Public
, California
```Z'-ap 1SAN LUIS OBISPO COUNTY
'-�.m.. ,i My ComImSs On Expires September 25,2919
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(Notary Signature) (Seal)
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 - —) - - - -_ - --- ----
)
Cowan Luis Obispo
On Q\ (2c71°I , before me, . 'SS'')Co. f`ESolil, notary public,
personally appeared S A. &-r-co,mall who proved to me on the basis of
satisfactory evidence to be the personshose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
JESSICA MATSON
s.. Notary Public•California
n n ` t-41114-1,: San Luis Obispo County
OIX/3 L�-� ; Commission N 2235281
��`fO" My Comm,Expires Mar 22,2022
otary Signature) (Seal)
4
Exhibit A
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STAFF PARKING LOT AND ACCESS
DIVERSIFIED PROJECT SERVICES PAULDING MIDDLE SCHOOL
INTERNATIONAL
600 CROWN HILL STREET
ARROYO GRANDE, CA 93420
END OF DOCUMENT