HomeMy WebLinkAbout2022-003814 2022003814
Elaina Cano
San Luis Obispo - County Clerk-Recorder
01/26/2022 10:09 AM
RECORDING REQUESTED BY AND WHEN Recorded at the request-of
RECORDED RETURN TO: PUBLIC
Titles: 1 Pages: 7
Fees: $0.00
City of Arroyo Grande Taxes: $0.00
300 E. Branch Street Total: $0.00
Arroyo Grande, CA 93420 'III 1,+� il Prh+f'I II
Public Agency— Exempt from Recording
Fee -
AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE
AND JEFF TIETZ AND DAWN TIETZ REGARDING ADA DRIVE APPROACH AND
SIDEWALK IMPROVEMENTS AT 193 SOUTH ALPINE STREET, ARROYO GRANDE, CA
(APN: 006-581-058 - BUILDING PERMIT: BLD 18-000331)
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THIS AGREEMENT ("Agreement") is made this LQ day ofd\VOZA\ , 202/, by and
between the City of Arroyo Grande, California, a municipal corporation (hereafter "City"), and
Jeff Tietz and Dawn Tietz (hereinafter"Property Owner").
RECITALS
A. Property Owner has received Building Permit BLD 18-000331 for property located at 193
South Alpine Street in the City of Arroyo Grande (APN: 006-581-058) for a project
consisting of a residential addition, remodel, and addition of an ADU (hereinafter referred
to as the"Project"). Property Owner has also indicated that they intend to do a lot split and
construct another house behind the Project.
B. An Americans with Disabilities Act drive approach (the "ADA Drive Approach") and
sidewalk are required for the Project (reference Arroyo Grande Municipal Code Section
16.68.020 F.2), which is depicted on Exhibit A, attached hereto and incorporated herein
by reference.The future construction of the house behind the Project will, however, require
that water lines be installed back through the driveway and across the sidewalk and ADA
Drive Approach area.
C. In order to avoid having to remove the portions of the sidewalk, and ADA Drive Approach
that is required for the Project to install the water lines, the City and the Property Owner
have agreed to enter into this Agreement, pursuant to which the City will allow the Project
to be finalized and construction of the ADA Drive Approach and sidewalk will be permitted
to be delayed until at least December 31, 2022, subject to the Property Owner providing
a bond, issued by a licensed bonding company approved by City, for the amount of the
estimated cost to construct the ADA Drive Approach and sidewalk. The parties have also
agreed that the date by which the ADA Drive Approach and sidewalk are to be constructed
may be modified in writing by the City, as deemed necessary and appropriate by the City
Engineer.
D. The estimated cost to construct the ADA Drive Approach and sidewalk is $19,251, as
further set forth in Exhibit B, attached hereto and incorporated by reference.
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NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the
recitals set forth above, it is mutually agreed by and between the parties as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein.
2. Bond to Secure Construction of ADA Drive Approach and sidewalk. Property Owner shall
provide the City with a bond, issued by a licensed bonding company approved by City, in
the amount of $19,251 as security for the construction of the ADA Drive Approach and
sidewalk. The ADA Drive Approach and sidewalk shall be constructed by Property Owner
no later than December 31, 2022. The date by which the ADA Drive Approach and
sidewalk are to be constructed may be modified in writing by the City, as deemed
necessary and appropriate by the City Engineer.
In the event that the ADA Drive Approach and sidewalk are not timely constructed to the
satisfaction of the City, the bond shall be forfeited and the proceeds shall be used to
complete its construction. In the event that occurs, Property Owner agrees to grant access
to the Property so that the ADA Drive Approach and sidewalk can be constructed. If the
City has to complete the construction and the amount of the bond is insufficient, Property
Owner shall reimburse the City for any additional costs incurred to construct the ADA Drive
Approach and sidewalk.
3. Finalizing the Project. Upon receipt of the bond as set forth above, and satisfaction of all
other permit and development conditions and requirements, City agrees to finalize the
Project.
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 related, in whole or in part, to 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.
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first above written.
CITY OF ARROYO GRANDE. PROPERTY OWNER:
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4
By: By:
Whitney Mc Br ald, City anager Jeff Tiet '1
APPROVED AS TO FORM:
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By:
`
awn Tietz
TimothfJ. Carmel, Ci y Attorney
A notary-;pii'blic or other officer completing this certificate verifies only the identity of the
individual who signedthe documenttowhich this certificateisattached, and not the
truthfulness, accuracy, or validity of.that document
State of California
County of San Luis Obispo Signature )
[Sea)} )
On \'2 15— , 2021,:before me, fl1((1)Q 1l2Cflckt*Notary Public,
personally appeared Jeff Tietz, 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.
WITNESS my hand a a official seal.
*2,4. NICOLE HERNANDEZ
• Commission#'2380755 c
Signature Army, aiiiridO, [Seal] re.. 1"„ Notary Public-California
'.- San Luis Obispo County "
My Comm.sExpires CommOct.29,2025
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) )
On a^ — , 2021, before me,`S l i-e 144eXA •'l de - Notary Public,
personally appeared Dawn Tietz, 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) onthe-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.
WITNESS any hand and official seal.
4 •"i'' k, NICOLE HERNANDEZ
,
,*7 Commission#2380755 c
Notary Public-California
' San Luis Obispo County "
// � ; My Comm.Expires Oct.28,2025
•
J'
Signature [Seal]
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 )
[Sean: )
Onc (11,L Le , 202 ", before me,325S�CCk�0 6f Notary Public,
personally spared Whitney McDonald, who proved to me onthe 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 thesame in his/her/their authorized
capacity(les), 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.
WITNESS my hand and official seal.
JESSignature i / ''L*fsaf rS1cATS0Nniazrrowry Fubiic Califor
„ `o San Luis Obispo County
r„w► Commission#2235281
My Comm.Expires Mar 22,2822
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Gower Beach.CASIM-4432
CONSTRUCTION COST ESTIMATE
Client: LIT Construction_ Date: 12/612021
Location: 193 So.Alpine Street, Arroyo-Grande Job No: ./tc21401
for:'Public Right-of-Way/Site improvements
item Quantity Units Rate Total
Streets
Sawcuting 1 is 250.00 250
Concrete Reraovaf t40 sl 6.60 924
Grading 1 Is 900.00 900
AC Pavement(3") 1 Is 300.00 300
6"Class II Base 192 sf 2.50 . .480
Sidewalk 280 sf 20.00 5600
City Standard#2110 Driveway 180 sf 20.00 3,600
AC ReiltICAra ii Is 360.60 360 •
Traffic Control(3%) 1 Is 360.00 420
Total Construction Costs $12,834
Engineering 10 % $1;283
Adstrative 20 % 2,567
Contingency and Inflation 20 % 2,567
Grand,Total- _ $19,251 __
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STREET IMPROVEMENT COST ESTIMATE
EXHIBIT
193 SOUTH ALPINE STREET ,•
ARROYO GRANDE CA . END OF DOCUMENT