HomeMy WebLinkAbout2019-036095 2019036095
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
Total: $0.00
CITY CLERK
300 E. BRANCH STREET
ARROYO GRANDE, CA 93420 Yi„II Ni NT F
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL
PROPERTY
THIS Grant of License and Agreement Affecting Real Property ("AGREEMENT") is
entered into as of August 20th, 2019 by and between the CITY OF ARROYO GRANDE,
(the "CITY"), a municipal corporation organized under the laws of the State of California,
and Greg Cottrell (the "LICENSEE"), an individual.
WHEREAS, CITY owns an easement and right of way (the Easement") in the real
property described as 501 Traffic Way (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
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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: Greg Cottrell
764 Via Vaquero
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
Ilk_ __....., 101.Ammik
...„, By: /
Jame an Greg Co el
City Man7M
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ATTEST: %'
',L ycClerk = , , .
'AP?RtOVEDAS,TO FORM:
•� father '..\/ 't'_,
H
°LllK. 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 )
)
County of San Luis Obispo )
On . IA, -ZO Zo1 g , before me, _AeSS‘c� Vlc 48- 1 notary public,
personally appeared 0€) 4-r. .I( , who proved to me on the basis of
satisfactory evidence to be 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.
.,V� ry JESSICA MATSON
j, @ Notary Public-California
f ' San Luis Obispo County
ot-/I _ •`Am; Commission k 2235181
My Comm.Expires Mar 22,2022
otary 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 )
Cou ty of San Luis Obis•o )
On I A- 2-1 ZOI , befRreme, je sICornctisof, notary public,
person- + appeared a(`il2s ' .r -GN LLr , who proved to me on the basis of
satisfactory evidence to be the person ' 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.
la'411 ;rNotarypubrnia .
- ; 'a San Luis Obispo County •
#22352
Comm
otary Signature) (Seal) My Comm.�Expir s Mar 22812022
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X:\02-Projects\03-2018 Projects\18024-Rugged Radios Commerical Development\02-Civil\Drawings\Exhibits\2019-08-26_LANDSCAPE\18024_LS.dwg 8/26/19 02:59 PM Jorge