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HomeMy WebLinkAbout2025-039607 2025039607 Elaina Cano San Luis Obispo - County Clerk-Recorder 12/23/2025 04:35 PM RECORDING REQUESTED BY AND Recorded at the request of. WHEN RECORDED RETURN TO: PUBLIC Titles: 1 Pages: 9 Fees: $38.00 CITY OF ARROYO GRANDE Taxes: $0.00 ATTN: CITY CLERK Total : $38.00 300 EAST BRANCH ROAD ARROYO GRANDE,CA 93420 GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of License and Agreement Affecting Real Property ("AGREEMENT") is entered into as ofilbinAva, 2025, by and between the CITY OF ARROYO GRANDE,("CITY"),a municipal corporation organized under the laws of the State of California, and ROGER AND PAMELA J. MARCHESE,AND JASONLAND KARINA MARCHESE ("LICENSEE"). M A -CHES E 1Ma1ZCHESE WHEREAS, the CITY owns a public facility parcel in Arroyo Grande, California, San Luis Obispo County Assessor's Parcel No. 007-462-001, as generally depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("PROPERTY"). WHEREAS, the LICENSEE desires to install certain utility improvements across a portion of the PROPERTY ("STRUCTURE"). WHEREAS, the CITY is willing to allow LICENSEE to install the STRUCTURE over the PROPERTY so long as it does not interfere with, or cause damage to, CITY's use,maintenance and operation of the PROPERTY and/or the improvements located therein, and LICENSEE complies with the terms set forth herein. 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.. CITY hereby grants to LICENSEE a license during the Term, as defined in Section 6 unless earlier terminated herein, to install and allow the STRUCTURE to be placed along a portion of the length of the drainage swale, San Luis Obispo County Assessor's Parcel No. 007-462-001, Arroyo Grande, as depicted in Exhibit"A," subject to the following terms and conditions: a. LICENSEE shall submit plans and specifications for installation of the STRUCTURE to the CITY, no later than thirty (30) days prior to commencement of the installation.LICENSEE shall promptly provide CITY as-built plans of the STRUCTURE upon completion of its installation; b. LICENSEE may not modify the STRUCTURE without written approval from the CITY,which may be withheld in its sole discretion. 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 shall remit payment of Four Hundred Twenty Five and 57/100 Dollars ($425.57) upon execution of this License for use of the PROPERTY as outlined herein. Payment shall be a condition precedent to LICENSEE's right to use the PROPERTY and shall be deemed consideration solely for the limited license granted herein. d. LICENSEE agrees to pay for any and all costs for the maintenance,repair, or replacement of the PROPERTY or any 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. e. Upon termination, revocation, abandonment or cessation of this AGREEMENT, LICENSEE agrees, at its sole cost and expense, to restore the PROPERTY to the substantially same condition in which it was prior to the installation of the STRUCTURE. If LICENSEE fails to complete such restoration within thirty (30) days following termination, CITY may perform such restoration, and LICENSEE shall reimburse CITY for all costs incurred, together with administrative costs within 10 days' notice. 3. No Interest in Land Granted. Nothing herein shall be deemed to grant to LICENSEE any fee interest, leasehold, easement, or other possessory interest in the PROPERTY, or any portion thereof, or any exclusive right or special status to negotiate or purchase. This AGREEMENT grants a limited revocable license upon specified terms and no more. 4. Access to Property. CITY shall have the right to use the PROPERTY at all times so long as such use doesn't materially and unreasonably interfere with LICENSEE's use as outlined herein. CITY shall also have the right, upon reasonable notice (except in the case of emergency, in which no notice shall be required), to enter the PROPERTY for inspection, maintenance, repair, or to ensure LICENSEE's compliance with this AGREEMENT. 5. Indemnification. LICENSEE shall indemnify, defend (if so requested by the CITY, and with counsel reasonably acceptable to the CITY), and hold the CITY, its elected and appointed officers, officials, employees, agents, consultants, contractors, and assigns (severally and collectively, any "Indemnitee"), harmless from any loss, expense or other cost (including, without limitation, attorneys' fees) related to any claim, action, lawsuit or other proceeding, whether administrative, at law or in equity, brought or maintained by or on behalf of any person or entity(other than LICENSEE or any Indemnitee) against any Indemnitee as a result of any act Page 2 or omission of LICENSEE and its contractors, agents, employees, and invitees relating to this AGREEMENT,except to the extent that any such claim, action, lawsuit, or other proceeding was caused by an Indemnitee's gross negligence or willful misconduct. The provisions of this Section 5 shall survive the revocation or termination of this AGREEMENT. 6. Term; Revocation. This AGREEMENT shall be effective upon the date specified above and shall terminate upon LICENSEE's completion of the installation of the STRUCTURE and delivery of as-built drawings (the "TERM"). Notwithstanding the foregoing, 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 or if CITY,in its reasonable discretion,determines that the actions of LICENSEE are illegal, unsafe or a liability to CITY; the CITY may revoke this AGREEMENT without cause upon thirty (30) days written notice to LICENSEE. Additionally,CITY may revoke this AGREEMENT upon thirty(30)days' written notice if CITY determines that the PROPERTY is required for a public project or other municipal purpose. Upon revocation, LICENSEE shall restore the PROPERTY to its original condition in accordance with Section 2(e). 7. Insurance. Prior to the commencement of installation or any maintenance, LICENSEE shall obtain,and name the CITY as an additional insured, a policy or policies(which may be a combination of primary coverage and umbrella policies) of commercial general liability insurance. The limits of such insurance shall be at least Two Million Dollars ($2,000,000) in the aggregate and shall provide coverage for limited contractual liability,premises,and personal injury coverage. 8. 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 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: Isaac Rosen Best Best& Krieger LLP 300 South Grand Ave.,25th Floor Los Angeles, CA 90071 To LICENSEE: Roger and Pamela J. Marchese 1243 Huasna Road Arroyo Grande, CA 93420 Page 3 Jason and Karina Marchese 1243 Huasna Road Arroyo Grande, CA 93420 9. Assignment. LICENSEE shall not assign, transfer, sublicense, or encumber this AGREEMENT or any rights hereunder without the CITY's prior written consent, which may be withheld in CITY's sole discretion. Any attempted assignment without consent shall be void. 10. Compliance. LICENSEE shall comply with all federal, state, and local environmental laws and shall not use, generate, release, or store any hazardous substances on the PROPERTY. LICENSEE shall indemnify CITY from any claims, costs, or liabilities arising from a violation of this Section. LICENSEE's obligations shall survive the revocation or termination of this AGREEMENT. 11. Binding Effect. This AGREEMENT shall be binding upon the successors in interest to any kind to the property. 12. 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. 13. Amendment. This AGREEMENT may not be amended or altered except by an instrument in writing executed by the CITY and the LICENSEE. 14. 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. 15. 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. Page 4 SIGNATURE PAGE TO GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY IN WITNESS WHEREOF,the parties have executed this agreement on the day and year first written above. CITY OF ARR DE Matthew owning, City Manager ATTEST: sica Matson, City Clerk APPROVE AS TO FORM: i U, 77/1./ Isaac osen, City Attorney Property owner / Roger . chese CAALk Pamela J. Marchese Property owner 1VO+ar-y F bl:G Of W; 11 .an►Son CMflf7 2 Tennessee Jason archese °C4itiL.- oolitiosisii arina archese 2es1 N ss 8e . � �,t_00 Page 5 '�''i �l1AMS0'0•% 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 San�u County of U S O 9Sct On 1` ( C\\C321 C -C\ S before me, \SS\CCk.(11 , k)ooka Pw�� C., Date Here Insert Name and Title of the Offi.4r personally appeared 42X- C\The_S �G J . 1UJ�G�1-eSPg Name(s) f Signer(s) who proved to me on the basis of satisfact 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 JESSICAMATSON laws of the State of California that the foregoing �0,�, Notary Public-California paragraph is true and correct. � �= San Luis Obispo County Commission#2395008 WITNESS my hand and official seal. My Comm.Expires Mar 22,2026 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 ,n,c 1 f`` Title or Type of Document: 1� �� (94� X\`Q .ou-NOL E Th r 1'�t ►ice` I 'I 24 Document Date: V I i2' Number of Pages: J 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 0 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 State ofT&3 GSCE County of Wit-t.-1 tg ms-il TENNESSEE NOTARY ACKNOWLEDGMENT On this 24) day of IJ6 ,36&- , 20 25 , before me,C1-1km1'7l.e . ci c..E- 12-iNLi [Name of Notary Public], kalt_l>vwa KAR-R-ckC.sk- [Name of Document Signer] personally appeared virtually/in person and known to me personally or proven to me through satisfactory evidence of identification, which was';7Q'VEt LICE , to be the person whose name is subscribed to the preceding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. The signer is signing (as partner for , a partnership) (as for , a corporation) (as attorney in fact for , the principal) v('as an individual on behalf of himself or herself) (as for (a) (the) The document being acknowledged is Csuir.ri of , dated WA- , and consisting of 5 pages. I certify under penalty of perjury under the laws of j t,�Nc-sc e- that the foregoing paragraph is true and correct to the best of my knowledge. WITNESS my hand and seal. Cl/and Public Signatu . �.M. FG C_�Gtnd ler •,,n ,` STATE OF CF�'= 1� 1 . G9L�� "� Q o▪ sfi SSEE •Z Notary Printed Name ` =V:NOT MyARYC PUBLICommission ;0 ;• Expires on ; W o '4-ct r n y I" w I. C .7" ••.05/28/2029,:'a'` Title/Rank, if applicable ', /44Spp1 G�J\`�� 'Iii,Iilt\1��` N/A Registration/Serial Number, Notary ID, or Bar Number(where applicable) My Commission/Appointment Expires oc/Z /ZoZq The notary public completing this acknowledgement verifies only the identity of the individual who signed the document to which this certification is attached, and not to the truthfulness, accuracy, or validity of the document itself. L' State of 1 cf` County of LLsi}yv%1J13 TENNESSEE NOTARY ACKNOWLEDGMENT On this ao day of A/OvE^'i3FQ , 2025 , before me, CkfAm7LER 9.44e4eD.S -t [Name of Notary Public]jAr.o•.s t iik2c-N ESE [Name of Document Signer] personally appeared virtually/in person and known to me personally or proven to me through satisfactory evidence of identification, which was 17Q iva a t_tck-1.4e ,to be the person whose name is subscribed to the preceding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. The signer is signing (as partner for , a partnership) (as for , a corporation) (as attorney in fact for , the principal) %as an individual on behalf of himself or herself) (as for (a) (the) The document being acknowledged is 6r241-N1 0 F LIt4( , dated 14/1- , and consisting of -5 pages. I certify under penalty of perjury under the laws of 1Ni Essee that the foregoing paragraph is true and correct to the best of my knowledge. WITNESS my hand and seal. Notary Public Signat `` ��R•..... G� =''STATE OF TENNESSEE Gkand �' _ X:' ter M , t99ems. nJ S aiRett4Ry PUBLIC:o Notary Printed Name = = My Commission - Expires on -..05 28/2029 Title/Rank, if applicable ' ,g4,SON C�)tO �`� N/A+ Registration/Serial Number, Notary ID, or Bar Number(where applicable) My Commission/Appointment Expires O5/2 g/202 Cl The notary public completing this acknowledgement verifies only the identity of the individual who signed the document to which this certification is attached, and not to the truthfulness, accuracy, or validity of the document itself. LU EXHIBIT A MAP OF PROPERTY q }yam `'\ ., • aC r +,l;r' h^ •t1` . 14'' ' tit `i ,..•1'f # , t * r, 3 i✓ 1 t V 1 r yi PUBLIC FACILITY *. J .c ' > ' y,.> .r• -- - _PUBUCFACILITY - —-x , - ' ` .. A. 3.fi ,r< • r , '.:, _, Zoning PUBLIC FACILITY ,+ r, ; ' •�`•• Land Use COMMUNITY FACILITY " " " 1+, { ',•/ • _` Land Use Overlay . f} ` ` 4 Zoning Overlay tC`. 1 r S S �' Parcel Area(Acres)766068 }�,Li�_�?1 i7'•'��,f -. S'�:1�, *3 \ iL. �` � •f�•g Parcel Area(soft) 313699229414 . C+` '_ r - �. ,, 'd Property Address NO ADDRESS ASSIGNED �' y, ` yr r `y`. APN 007-462-001 .1.i1 '�7'.40440_ Owner ARROYO GRANDE e ti '� lry,+. �" 3 REDEVELOPMENT AGENCY • - - $ v�f .f i e'fry:O? Properly Owner 300E BRANCH ST ARROYO ;^ -- Address Full GRANDECA93420 • a t ♦ a�•7v Y, y ' Assesors Map 007-462-001 j '" .ti 41. +l: if `-"' �'• r `y_ (a a • " > •o �1_ �." i, • •ma�y� - • r 1- k a • fr. ,, ' 7:.12. *lit • -, '", • 40'. ‘..4-'41.;-*.'‘. ,. 0,,'. ' -'..5.1 .,'..., •' ,ir ' ' . 'Z',?., ‘.?.. _ ,- , "may '` . " ,r i 1 `1. \ i• y. 1 ll \. / .• - ..... 7jjjr'D d 4 . ,,,,*^r 1 �. A, \. �1 YhH ` r. VC.)-4 t AI, > 4 • • • • e, a ✓s • � • r a t i /"g`_d r YY � s.eV' e e 4Nta, ^T... • al r a ' iy9 Page 6 END OF DOCUMENT