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HomeMy WebLinkAbout2020-067029 2020067029 Tommy Gong RECORDING REQUESTED BY AND San Luis Obispo - County Clerk-Recorder WHEN RECORDED RETURN TO: 11/17/2020 04:39 PM Recorded at the request of PUBLIC CITY OF ARROYO GRANDE Titles: 1 Pages: 4 ATTN: CITY CLERK Fees: $0.00 xes: $0.00 300 EAST BRANCH ROAD Total: $0.00 ARROYO GRANDE, CA 93420 IIIIIRRENNE31711111 GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of License and Agreement Affecting Real Property ("AGREEMENT") is entered into as of Mav 22, 2020 by and between the CITY OF ARROYO GRANDE, ("CITY"), a municipal corporation organized under the laws of the State of California, and LUCIA MAR UNIFIED SCHOOL DISTRICT ("LICENSEE"). WHEREAS,the CITY owns Valley Road in Arroyo Grande, California(PROPERTY). WHEREASE,the LICENSEE desires to install certain improvements on a portion of the PROPERTY including a class II base and decomposed granite walkway (STRUCTURE) along a portion of the length of the Arroyo Grande High School property, San Luis Obispo County Assessor's Parcel No. 006-095-001, adjacent to Valley Road, Arroyo Grande, as generally depicted in Exhibit"A" attached hereto and incorporated herein by this reference. WHEREAS,the CITY is willing to allow the STRUCTURE to remain so long as it does not interfere with, or cause damage to, the use, maintenance and operation of the PROPERTY and/or the 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. The CITY hereby grants to LICENSEE a license to allow the STRUCTURE along a portion of the length of the Arroyo Grande High School property, San Luis Obispo County Assessor's Parcel No. 006-095-001, adjacent to Valley Road, Arroyo Grande, subject to the following terms and conditions: a. LICENSEE shall submit plans and specifications for the STRUCTURE to the CITY; b. LICENSEE may not modify the STRUCTURE without written approval from the CITY. Any such modification shall comply with any and all instructions and guidance from CITY intended to prevent interference with or damage to the PROPERTY and improvements located therein; c. LICENSEE agrees to remove the STRUCTURE should CITY so request in order to gain access to the PROPERTY or conduct maintenance or Repair of facilities located within the PROPERTY, or to replace any such improvements; LICENSEE shall remove the STRUCTURE within thirty (30) days of written 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 the CITY, CITY, in its sole discretion, may elect remove the STRUCTURE and any other encumbrances affecting the PROPERTY or improvements 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 PROPERTY of improvements located in the PROPERTY damaged as a result of or caused by, in whole or in part,the installation of the STRUCTURE within the PROPERTY. 3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless the 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 this AGREEMENT or out of, in whole or in part, the construction, operation, maintenance, repair, or use of the STRUCTURE by LICENSEE, its agents, contractors, assignees, invitees, or successors in interest, of any kind. 4. Revocation. The CITY may immediately revoke this AGREEMENT without notice for a breach of or failure to comply with any of the terms and conditions set forth herein; the CITY may revoke this AGREEMENT without cause upon thirty (30) days written notice to LICENSEE.Upon revocation,LICENSEE shall restore the PROPERTY to its original condition. 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 by personal service, delivery by a reputable document delivery service provider (such as but not limited to Federal Express), or by United States mail (USPS) sent Certified/Postage Prepaid/ Return Receipt Requested, and addressed to the address of the party party as set forth below or at any other address as that party may later designate by written notice. To CITY: City of Arroyo Grande Attn: City Manager 300 East Branch Street Arroyo Grande, California 93420 With copy to: Timothy Carmel Carmel &Naccasha LLP 1410 Marsh Street San Luis Obispo, California 93401 To LICENSEE: Lucia Mar Unified School District Attn: Jim Empey, Asst. Superintendent, Business 602 Orchard Street Arroyo Grande, California 93420 6. Binding Effect. This AGREEMENT shall be binding upon the successors in interest to any kind to the property. Page 2 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 the CITY and the 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 interpretations shall be in the state court of property 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 12,26 R0,-,,,A2m4 Bill Robeson, Acting City Manager ATTEST: kiLittiaktfi-- Kelly Wet •ore/City Clerk APPRO AS TO FORM: itike..... (...52.,______ Timothy . Carmel, City Attorney LUCIA MAR UNIFIED SCHOOL DISTRICT LMUSD Board of Ed cation Approved: 611.%1 007) Jim E ey,A sistant Superintendent, Business Services Page 3 b [ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 (�8(SPo On q 13 1207.O before me, tA.)Ei 12 ) JVD I �l p .eL(C , Date ere Insert Name and Title of the Officer personally appeared 6.8E5ou 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. KELLY WETMORE WITNESS my hand and official seal. NotaryPublic-California z �hz � San Luis Obispo County �, 1� ^p!w Commission#2181303 + j My Comm.Expires Feb 21,2021 Signatures ► / Sig j:ture 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