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Home My WebLink About2019-036096 2019036096 Tommy Gong San Luis Obispo - County Clerk-Recorder 08/30/2019 09:17 AM Recorded at the request of PUBLIC RECORDING REQUESTED BY AND Titles: 1 Pages: 5 WHEN RECORDED RETURN TO: Fees: $0.00 CITY OF ARROYO GRANDE Taxes: $0.00 CITY CLERK Total: $0.00 3E.00BRANCH STREET ARROYO GRANDE, CA 93420 'III N 11'I II I GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of License and Agreement Affecting Real Property ("AGREEMENT") is entered into August 12, 2019 as by and between the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized under the laws of the State of California, and Heather Jensen (the "LICENSEE"), an individual. WHEREAS, CITY owns an easement and right of way (the Easement") in the real property described as 569 May Street (the "Property"), and WHEREAS, LICENSEE has constructed 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 1 r 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: Heather Jensen 569 May Street Arroyo Grande, CA 93420 2 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 ,,-.0.-.4.,,, By: e4b� 9iyJr��% James 4FT� . Heather Jense City Man . •. 6"' . ATTE-T: r` ') 4/4, -_.Kell' 1=tm`. - 1 I .qitrerk i ?a Cir: • -%- lli„: r' 'cAPF LVED AS TO FORM: eather K. Whitham City Attorney 3 r . 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 ) ) County of San Luis Obispo ) On ,4u vs. /3, z ' , before me, ,4-c,cc- 2 + sso , notary public, personally appeared ?1E4-7gr ' , who 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 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. imimIUhh hmhhhhh1 h1 mu111m. ALEC.RISSO • COMM.#2242521 z C tK•, ," NOTARY PUBLIC-CALIFORNIA 4 Z 'A SAN LUIS OBISPO COUNTY (Notary Signature) (Seal) MyCommissWn Expires 05/13/2022 :imait/tlmmusimum/ onsiiia: 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 ) County of San Luis Obispo ) On - � , before me, c Cox r-1ta , notary public, person. appeared • .&,-' t . 1..• G Ie/. fi, who proved to me on the basis of satisfactory evidence to be the person(s ose 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 4111IM,k Notary Public-California d a / . ✓�-� San Luis Obispo County otary Signature) (Seal) „+±i' Commission X 2235281 +u My Comm.Expires Mar 12,2022 4 W -po we, TO e> ' g o 1 ' 1 z elp � / � ( J 5 bpvUcli �i,DpertY ad G 1 ��e� p �I�� , * ■ ner iii p K.`S.r' u_ `' ___ �_ ------ --....--.-=�tG�� r ,�'ci< ps�ebuest-�� Rea c,Gut- ct,rl tST 1 09 stile i_)6,44.er ,gn&er\ 5toga y inks--n ^ AitY0o Gra nil n