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HomeMy WebLinkAbout2021-041656 2021041656 Tommy Gong BY AND San Luis Obispo - County Clerk-Recorder RECORDING REQUESTED 06/08/2021 04:44 PM WHEN RECORDED RETURN TO: Recorded at the request of PUBLIC CITY OF ARROYO GRANDE Titles: 1 Pages: 6 ATTN: CITY CLERK Fees: $0.00 300 EAST BRANCH ROAD Taxes: $0.00 Total: $0.00 ARROYO GRANDE, CA 93420 'III ' ' NALIS111l II I GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of License and Agreement Affecting Real Property ("AGREEMENT") is entered into as of December , 2020 by and between the CITY OF ARROYO GRANDE ("CITY"),a municipal corporation organized under the laws of the State of California,and David Doll ("LICENSEE"). WHEREAS, the CITY owns real property known as Ash Street in Arroyo Grande, California(the"CITY PROPERTY"); and WHEREAS, the LICENSEE owns real property located at 1171 Ash Street, Arroyo Grande, California(APN 077-182-004) (the"LICENSEE PROPERTY"); and WHEREAS, the LICENSEE desires to install certain improvements on the CITY PROPERTY, including a retaining wall(the"STRUCTURE")along a portion of the length of the LICENSEE PROPERTY as generally depicted in Exhibit A, attached hereto and incorporated herein and by this reference; and 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 CITY 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 installation of the STRUCTURE on the CITY PROPERTY along a portion of the length of the LICENSEE PROPERTY as depicted in Exhibit A, 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 CITY PROPERTY and improvements located therein; c. LICENSEE agrees to remove the STRUCTURE should CITY so request in order to gain access to the CITY PROPERTY or conduct maintenance or Repair of facilities located within the CITY 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 CITY 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 CITY PROPERTY of improvements located in the CITY PROPERTY damaged as a result of or caused by, in whole or in part,the installation of the STRUCTURE on the CITY 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 CITY 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: David Doll, Owner 1171 Ash Street Arroyo Grande, Ca. 93420 6. Binding Effect. This AGREEMENT shall be binding upon the successors in interest to 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 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 LIC EE / IJA,A,'I , T &lazu /��le/ Whitney Mc l nald, City enager i avid Doll ATTEST: s"-%Ca City Clerk APPROVED AS TO FORM: Timothy . Carmel, C rA, 4_1►"- y CIVIL EIGIIEEIS • SOIVEVOIS • PLIIIEIS Job 1171 ASH STREET CARING TAYLOR & ASSOCIATES, INC. Sheet No. 1 of 1 Calculated by JJE Date 12.01.20 141 South Elm Street Checked by Date Arroyo Grande, CA 93420 805/489-1321 Fax 805/489-8723 Scale 1/18" : 1'-O" EX H I B IT A „ 55.. ARC,„,.. I I I ' . ` �c.� J. FM. r e � 1� I II ,x:.05 I II `W Q I �• I I I TF o f c M-f I II I II I II I I I I ` n I II I I I �, I- I II I II I II I w] ,i- 0 0 I II I- N I II W o 03 W I II El N II N. NI I IixQN. 0 II I N r z I II °- Q II I -7...................... J II = 'I I (r) -, I < - YJ 0J -J 0 IICO 0 rn I I I Oz 1,—......-1 Y Z 0 1I 1,,C II II I=1 ittilz in CA, . ., 7 id 00+5 I II I I II /— I I I .oe ,, i 0 5 10 20 PRIVATE DRIVE 111111 I I NORTH SCALE: 1” = 16 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 Sym\L.w•(S ON-spO On d . Zf ZoZ) before me, 3gssl cote[DC7 Ci I` Pl IC. , Date Here Insert Name and Title of the-Officer personally appearedmoe.1� rc\ c �� 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 Notary is Cali paragraph is true and correct. Notary Public California z San Luis Obispo County > .7 Commission#2235281 WITNESS my hand and official seal. "s°` ' My Comm.Expires Mar 22,2022 • Signature • - ' Place Notary Seal and/or Stamp Above Signature of Notary Public 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: b'a-c' c 5c-1 ��.( �-�f fc\r A-41 ee 15 3139C(-1-.) 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): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee ❑ Guardian of Conservator 0 Trustee 0 Guardian of Conservator o Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS COUNTY OF San [AM O 2 pO ) On Sla170 ) before me, ref nd i , Notary Public, personally appeared DAVLet 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 PENAL r 0' PERJURY under the laws of the State of California la foregoing paragraph isitrue and correct. / a�s5 <>,, SANDRA SANDRA S. SOUZA WITNESS my hand • � o I di seal. � ,T:- , •. (� ,. m COyursu# 2238681 rrC� NOTARY PUBLIC•CALIFORNIA U! Signature /i •/��_ °"`% `/MY COMM. EOp I MAYC17 2Q ' 1111P 22 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the docu ents. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 END OF DOCUMENT