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HomeMy WebLinkAbout2021-041654 2021041654 Tommy Gong San Luis Obispo 1 04P -44 PM County Clerk-Recorder 06/ RECORDING REQUESTED BY AND Recorded at the request of WHEN RECORDED RETURN TO: PUBLIC Titles: 1 Pages: 8 Fees: $0.00 City of Arroyo Grande Taxes: $0.00 300 E. Branch Street Total: $0.00 Arroyo Grande, CA 93420 Public Agency—Exempt from Recording Fee AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND JOEL AND SUSAN RILEY REGARDING OFF-SITE PARKING FOR THE CONFERENCE CENTER LOCATED AT 1164 E. GRAND AVENUE (CONDITIONAL USE PERMIT NO. 20-003) THIS AGREEMENT is made this 23 day of F rUa.r , 2021, by and between the City of Arroyo Grande, California, a municipal corporate (hereinafter "City"), and Joel and Susan Riley (hereinafter "Property Owners"). RECITALS A. Property Owners have applied for and received approval from the City of Arroyo Grande Planning Commission for Conditional Use Permit 20-003 to establish a new conference facility and commercial offices at 1164 E, Grand Avenue (hereinafter referred to as the "Approval"). B. The Approval authorizes the conversion of an existing commercial building to 736 square feet of commercial offices and a conference facility consisting of an 811 square foot indoor assembly area, a 211 square foot catering kitchen, and a 670 square foot covered rear patio (hereinafter referred to as the"Conference Facility"). C. Applicant is satisfying parking requirements for the Conference Facility established through Conditional Use Permit 20-003 by using off-site parking. Conditions 11 and 12 of the Approval provides as follows: 11. Prior to issuance of a building permit, the applicant shall provide a recorded parking agreement, in a form approved by the City Attorney that satisfies the total required parking approved by the Planning Commission. If in the future the assembly space is modified either in size or to a more intensive use, an amendment to this conditional use permit must be approved along with additional parking as required by the Arroyo Grande Municipal Code. 12.Events at the facility shall be restricted to the hours in which the off-site parking spaces are available, as specified in the off-site parking agreement. D. To satisfy the requirements of Conditions 11 and 12, Property Owners have provided the City with a Parking License between them and Pismo Coast Association of REALTORS, Inc. for use of parking spaces at specified hours and on weekends at the property located at 1126 E Grand Avenue (hereinafter referred to as the "Parking License"), a copy of which is attached hereto as Exhibit A and incorporated herein by reference. E. The Parking License is subject to certain terms and conditions and may be terminated by either party upon 60 days written notice and is subject to termination if the property at 1126 E. Grand Avenue is sold or transferred. F. In order for the Parking License to be acceptable to City and to also provide for circumstances if and when the Parking License is terminated, the City and Property Owners desire to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the recitals set forth above, it is agreed by and between the parties as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Off-Site Parking. City agrees to accept the Parking License to satisfy the requirements of the Conditions of Approval for Conditional Use Permit 20-003, provided that Property Owners comply with all of the terms and conditions of the Parking License and the Conditions of Approval of Conditional Use Permit 20-003. _ 3. Replacement Agreement. In the event that the Parking License is terminated, Property Owners shall discontinue use of the Conference Facility for holding any events or meetings until they provide the City, and the City accepts in writing, a replacement agreement for the provision of adequate off-site parking. The location of such off-site parking and the terms and conditions of such replacement agreement shall be subject to the approval of the City's Community Development Director. 4. Indemnification. Property Owner shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all claims, demands, damages, costs, expenses, judgments, or liability resulting from the performance of this Agreement. 5. Binding on Successors in Interest. This Agreement shall be recorded and all provisions of this Agreement shall run with the land described herein and shall be binding on the parties hereto and their heirs, assigns and successors in interest. 6. Effect of Waiver. City's waiver of the breach of any one term, covenant or provision of this Agreement shall not be a waiver of a subsequent breach of the same term, covenant or provision of this Agreement or of the breach of any other term, covenant or provision of this Agreement. 2 7. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate any term, condition, covenant or restriction contained herein. 8. Governing Law. This Agreement has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of California. 9. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 10.Attorney's Fees. If suit, arbitration or other action of any type or nature is brought to enforce any of the terms and conditions of this Agreement, be it in law or in equity, the prevailing party shall be entitled to an award of its attorney's fees in addition to all other costs and/ or expenses of collection, suit, arbitration and/or other action taken. 11.Authority of Parties. All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. 12.Counterparts. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument. [Signatures on following page.] 3 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF ARROYO GRANDE: PROPERTY OWNERS: 4ByIIV1O �, By:-- ter/ Whitney McI► nald, City Manager Joel Riley By:21.,(49,0_4() 'Vtei-j, Susan Riley APPRAS TO FORM: 4„,07) r ii4A" L.IL----- Timothy J. Carmel, City Attorney 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ....................................:......_...............af_:f....'iF:'fi'5....... ..... .. ....... .._.. .. .. .. .. .. .. ..x.,14::. .. ....3. .. .. .. .. .. .. .. .. .. .. .. .. .. .:.f.:v of v u.r v...t.r.. ..v.. .F.r.. 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 Ln )vas b o\ b J} On :Q Oc'kO t'\-,\Z 1-0 6--1 before me, �e `kt;'Cr. ru Ocr �(; ` LUQ1 IC. , pie 1 �pHere Insert Name and Title of the fficer personally appeared L1 \k-kQ,(1\ :Nc\cd � J 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 JESSICA MATSON paragraph is true and correct. (4016. Notary Public-California : �,I San Luis Obispo Countyofficial WITNESS my hand and seal. . !►1Commission H 2235281 My Comm.Expires Mar 22,2G22 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: 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 ❑ Individual 0 Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association 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 ) Signature ) [Seal] OnchM V3 , 2021, before me, j.LCamo J Notary Public, personally appeared Joiel Riley, 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 on 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. • ° E J.LLAMAS WITNESS my h d andofficial seal. .. --...j: ; NotaryPublic-California z -•.z e.- San Luis Obispo County ' :tti,,` Commission:2230965 "`°`� - My Comm.Expires Feb 1 1,2022 Signature ,i4 .----\1 [Seal] A notary public or other officer complefing 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 ) LI On-�✓MaM �,3 , 2021, before me, J , L1 °IM J Notary Public, personally appeared Sudan Riley, 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 on behalf of which the person(s) acted, executed the instrument. 1 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. •„.•: . .. NotaryPublic-California z z -..o"&a San Luis Obispo County n ' z - cye�F�� Commission#s 2230965 7/,90 � °. My Comm.Expires Feb 11.2022 5 EXHIBIT A Parking License for 1164 E. Grand Ave, Arroyo Grande, CA. This agreement is entered into between Pismo Coast Association of REALTORS®, Inc. (hereafter referred to as "Association") who are the owners of the property located at 1126 E. Grand Ave, Arroyo Grande CA, 93420, and Joel and Susan Riley (hereafter referred to as Licensees), owners of the property located at 1164 E. Grand Ave,Arroyo Grande CA, 93420. The Association hereby grants a license to the Licensees for the use of parking spaces located at 1126 E.Grand Ave,Arroyo Grande, CA, under the terms and conditions set forth below. The Association agrees that Licensees may use the parking lot on the Association property for persons attending events conducted on the Licensees' property at 1164 E. Grand Ave., identified above. The Association parking lot shall be available for events scheduled Monday thru Friday 5:00 pm to 10:00 pm,and all day on Saturday and Sunday. However,all vehicles shall be removed from the parking lot by 11:30 pm every day. Any vehicles remaining in the Association parking lot at 8:00 a.m. the morning following an event will be towed at the vehicle owner's expense. Any use of the Association parking lot will require prior written authorization from the Association, at least 30 days in advance of that use. A monthly statement of the upcoming proposed event dates will be provided by Licensees to the Association, which will also include: • Name and contact information for the individual in charge of the event • Date and hours of event • Proof of Insurance naming Pismo Coast Association of REALTORS®, Inc. as an additional insured with primary and non-contributory wording and waiver of subrogation will be provided.The liability limit will be in the amount of$2,000,000 per occurrence $4,000,000 aggregate. • Licensees hereby agree to protect, defend and indemnify the Association from any and all claims made by any person which is related to the use of the Association property by the Licensees. A per use fee of $200.00 shall be paid to the Association for each event for which the Association's parking lot is made available to the Licensees under this agreement, The Association must receive payment by the last day of the month prior to the Licensees' o71s, scheduled use. In no event shall the Association property be used without prior payment of this fee. Licensees may post temporary signs at 1126 E. Grand Ave, Arroyo Grande, CA, on the day of an event to direct cars where to park. Signs shall also be posted to include "Property owner is not responsible for any property damage done to vehicles or items left in vehicle while parked at premises." In addition,a sign conforming to state and local law shall be posted to allow the towing of unauthorized vehicles at owners' expense. Any damage to the Association property will be reported to the Licensees, and the Licensees shall compensate the Association for such damages within 30 days. Licensees inspected the property and agree that its condition is sufficient for the purposes of this license,and will use the property"as is"_ The terms of this agreement shall become effective when the property located at 1164 E. Grand Ave Arroyo Grande CA, 93420 is allowed by the City of Arroyo Grande to open and operate as an event center and the first event is scheduled. This license may be terminated by either party upon 60 days' written notice. If it is necessary to retain an attorney to enforce the terms of this license,then the party determined to be at fault shall pay all reasonable attorney fees incurred in the enforcement of the license. This agreement will automatically terminate upon the sale or transfer of 1126 E. Grand Ave,Arroyo Grande, CA by Pismo Coast Association of REALTORS®, Inc. Signed: Joel Riley �. f _ dat-• Susan Riley /,toitiYL) r date: / /2o?n Pismo Coast Association of REALTORS®, Inc. By: (",:./ �.',type, «r date: -, "1-C.-' Association 1-c - Association Representative END OF DOCUMENT