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HomeMy WebLinkAbout2020-004060 2020004060 Tommy Gong San Luis Obispo - County Clerk-Recorder 01/28/2020 08:00 RM RECORDING REQUESTED BY AND Recorded at the request FIDELITY TITLEsof: CO WHEN RECORDED MAIL TO: Titles: 1 Pages: 5 Fees: $26.00 CITY OF ARROYO GRANDE otal300 E. BRANCH STREET : zs000 ARROYO GRANDE, CA 93420 1111VERRE04201111111 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF OFFSITE IMPROVEMENTS (EMERGENCY ACCESS—TRACT 01-001) THIS AGREEMENT is made this day of , 2020, by and between the City of Arroyo Grande, California, a municipal corporation (hereinafter "City"), and Castlerock Development, a California corporation (hereinafter"Developer"). RECITALS A. Developer is required, pursuant to Conditions of Approval Nos.11 and 12 of Resolution 4156 dated January 27, 2009, approving Vesting Tentative Tract Map No. 01-001 (aka Tract 1998), to acquire certain emergency access and pedestrian public access easements and construct and maintain certain public improvements, including an emergency access road and pedestrian path for the project. B. The acquisition of said interests in real property for the emergency access and pedestrian public access for said tract is essential to provide needed public facilities for the development and to mitigate the public facilities burdens created by the development. C. Developer has been unable to acquire by a negotiated purchase the required interests in real property for the required improvements and requests that the City assist in the acquisition by exercise of its power of eminent domain at the sole and exclusive expense of Developer. D. Since acquisition of the interests in real property necessary to construct the emergency access road and multi-use/pedestrian path will likely be by eminent domain and has therefore delayed their construction, Developer and City desire to enter into this Agreement in order to provide for their construction and maintenance and to satisfy the requirements forth in Condition 12 of Resolution 4156. NOW,THEREFORE, in consideration of the mutual covenants contained herein and of the recitals, it is mutually agreed by and between the parties as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Improvement Plans. Developer shall promptly prepare improvement plans for the twenty- four foot (24') wide emergency access road and four foot (4') wide multi-use pedestrian path, and submit them to the City Engineer for review and approval within sixty (60) days of the date of this Agreement. 3 Subdivision Improvement Agreement. Developer agrees that the construction of the paved twenty-four foot (24') emergency access road and multi-use pedestrian path, as set forth in Condition 12 of Resolution 4156, shall be part of the requirements for the construction of improvements contained in the Subdivision Improvement Agreement for Vesting Tentative Tract Map No. 01-001, and will be subject to all of the terms and conditions of that Agreement. 4. Maintenance. Developer agrees that the maintenance of the emergency access road and multi-use pedestrian path shall be the responsibility of the property owners of Vesting Tentative Tract 01-001 as part of the Homeowners Association (HOA) that will be formed for the project and its Covenants, Conditions and Restrictions. Maintenance of the emergency access road and multi-use pedestrian path shall be administered and performed pursuant to a recorded Emergency and Pedestrian Access Maintenance Program. A cost and schedule provision shall be included in the plans and specifications and reports necessary for the formation of the HOA. 5. No Modification. This Agreement is not intended to amend, modify or supersede any other agreement that may exist between the parties. 6. Indemnification. Developer shall defend, indemnify and hold harmless City from any and all liability or damages resulting from the performance of this Agreement. 7. Attorneys' Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys'fees, costs and expenses incurred. 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF ARROYO GRANDE: CASTLEROCK DEVELOPMENT. By: _ '. By: James-B7-- ity Manager Darren Shetler, President ATTEST:.' akittiouL..1 ' Kelly W Po' nor=j' City Clerk •APPROVED AS TO FORM: Ti by J. Car I, Attorney 3 77. CALIFORNIA ALL-PURPOSE 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 ._._>: 1.-Al; S Obrie a On J0,44j I 0 21- before me, We've Ac,Lie c , Notary Public, Lk ate 1 Insert Nam of Notary exactly as it appears on the official seal personally appeared ,i f'e...., Sli p.71-1;• — Name(s)of Signer(s) 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, k►ey executed the same in his/taw/their authorized capacity(fes), WENDY ACKI4ART and that by his/die ithei'r signature(.s.) on the instrument the I1,?r Commission*21391911 person(s), or the entity upon behalf of which the person(e) •': -',1c. • Notary Public•California. acted, executed the instrument. \1 / Son t.uis Obispo County Comm. Fob 1 2020 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. Signature Place Notary Seal Above Signature of Not- I'' blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner 0 Limited 0 General 0 Partner 0 Limited 0 General ❑ Attorney in Fact RIGHT THUMBPRINT 0 Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here O Other: 0 Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 wzmmi t - 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 Liu S 0 6 seo ) On Aoki R'+Q.0 ( (Q (low before me, 144, 7 V.)G 1Mor2 , 11�vy f o ey L( C Date Herert rt Name and Title of the Officer personally appeared J 141/14 e 3 Bell?6MAcr Name(s) of Signer(s) 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. KELLY WETMORE - Notar Public-California ' ,`� A z` y z IVAL.f7�1•Ce San Luis Obispo County > Signature ` �►, Commission#2161303 IF My Comm.Expires Feb 21,2021 f + /re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: - Number of Pages: Signer(s) Other Than Named Above: - - Capacity(ies) Claimed by Signer(s) Signer's Name: - _ Signer's Name: ❑ Corporate Officer — Title(s): - ❑Corporate Officer — Title(s):_ - ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: _ _ ❑ Other: Signer Is Representing: _ — Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 END OF DOCUMENT