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Home My WebLink About2011-008389JUIIE RODEWALD San Luis Obispo Counry – Clerk/Recorder flecorded al the fequesl ol Public AM 2/18/2011 10:40 AM RECORDING REQUESTED BY � o c# : 2011008389 7ities: 1 City �oyoGr d RDED, MAIL TO: I IIIII�NIIIIIII��IIuNII IIIIIIII ome s II IIII pAID PO BOX 550 Anoyo Grande, CA 93421 GRANT OF 7.�ICENSE AND AGREFMENT AFFECTING REAL PROPERTY N THIS AGREEMENT made this 31� day of ��,,,;,,c,,/1 , 200� by and .s r-rt��.�— between the CITY OF ARROYO GRANDE, (the "CITY"), and owner of right of way (the "right of way") adjacent to the real property described as 330 Traffic Way and Mike Mullahey, owner of property at 330 Traffic Way (hereinafter referred to as "LICENSEE"). Whereas, City has constructed certain improvements including curbs, gutters, sidewalks and pavement in right of way on Fair Oaks Avenue as generally depicted in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, CITY is willing to allow vehicles to temporarily remain on pavement azea only so long as they do not interfere with, or cause damage to, the use, maintenance and operation of the right of way and/or the facilities and improvements located therein. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. CITY hereby grants to LICENSEE a license to allow vehicles to remain on the pavement area in the right of way, subject to the following terms and conditions: a. LICENSEE agrees to remove the vehicles should CITY so request in order to gain access to the right of way or conduct maintenance or repair of facilities located within the right of way, or to replace any such facilities; LICENSEE shall remove the vehicles �a9es: 6 29.00 0.00 0.00 $29.00 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 vehicles within the time frame specified by CITY, CITY, in its sole discretion, may elect to remove the vehicles and any other encumbrances affecting the right of way or facilities therein and recover all wsts and expenses for such removal from LICENSEE. b. LICENSEE agrees to pay for any and all costs for the maintenance, repair or replacement of the right of way or facilities located in the right of way resulting from or caused by, in whole or in part, the use of the right of way; 2. LICENSEE agrees to hold harmless and indemnify CITY from any and all liabilities, damages, costs, claims, causes of action, complaints or proceedings of any kind or nature azising or alleged to azise from the use of the right of way by LICENSEE, his agents, contractors, assigns or successors in interest, of any kind. 3. CITY may immediately revoke this License without notice for a breach of or failure to comply with any of the terms and conditions set forth herein; CITY may revoke this License without cause upon sixty (60) days written notice to LICENSEE. 4. This Agreement shall be binding upon the successors in interest of any kind to the property. 5. 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 attomey fees. Fa IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE By: STEVEN ADAM , ' Ivlanager ATTES : KELL W TMORE, City Clerk LICENSEE: �� ^ MIKE MULLAHEY APPROVED AS TO FORM: TI OTHY J. RMEL, City Attomey [All signatures must be notarized] � Public Improvements Northeast Station Way and Fair Qaks Blvd. Intersection a � � � 0 � � .,.. � . i � r � � � *,� � New improvements installed as part of the TraffiG Way Streetscape Proje�t m x _ W -� a �T�� Area to be used far parking by Mullahey Ford .- •. . � . .. . S.<.5�>..c\ t.5?...1...:�<.:�??'..:�. ?�..�»..�>..72at?<..N..1$..�t..,. 1<„T<..s�<..1t.SD...1� State of California � CounN of ��5 Q{ol SPD On oZ'�^�� Date personally appeared KELLV WETMORE Commlsebn / 1837570 Nohry Publk • CalitanN San Luia Obitpo Counry M Comm. E� ires FeD 21, 2013 y who proved to me on the basis of satisfactory evidence to be the person(e} whose name� is/are subscribed to the within instrument and acknowledged to me that he/shal�Heq�executed the same in his/Ner�N�eir authorized capacity(aesj; and that by his/peFHhe'K signature(e) on the instrument the person(sj, 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. WITNESS my hand nd official seal. Signature Place Notary Seal Above Si� Nre oi Notary PuElic OPTIONAL Though the inlormation below is not required by law, it may prove valuable to persons relying on the document and could preven[ lraudulent remova/ and reattachment ol this lorm to another document. Description of Attached Document Tiile or Type of Document: � GWIL / � 1�� Document Date: '� 3 t��-O) � Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: STxn[X.1� TT� S ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — O Limited ❑ General ❑ Attorneyin Fact ❑ Trustee ❑ Guardian or Conservator C�Other. Ci �V I/NAM0�4.t1� '–�� — Signer Is � I-t f fPl O f AN�SL. �� RIGHTTHUMBGRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner—O Limited ❑ General ❑ Attorneyin Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER y<�.. •,:�•,,`. .-isc-i ..<.-ic�+C.:-;«-ic:.v<:�s�. .,<�.,, i<�y,�., � ��• •�: .� .� •� :i�: .- •. . � Af.At �.ec� e s�...a. .� c�. y�.? .m.�. '.T cn. R.4/ .�.. .1.. Z.R. Adp ?a @ v. c�. y sa. xa . aa. 9..>. �.*� .H vA+..A . State of California 1 County of SR.K. Lu: � Db i �d 0 � On O�- Dy /� , before me, �/��2�OT�'i�! /l/O�G , Date Here Inseh Name antl T e oi �he OHicer personally appeared 1f �. NORTON CpMnWIOn t 1729916 � MolaY ►ubMC - CaN10nNO � � ton LuM ObNpo CarM� �MQpnn►6PYnMbV,701t who proved to me on the basis of satisfactory evidence to be the person(�ej whose name(ej isfa�e subscribed to the within instrument and acknowledged to me that hefehekhey executed the same in hisfkerk7�ieir authorized capacity(iea), and that by hisHaerflheir signature�j on the instrument the persor�s�, or the entity upon behalf of which the person(e� 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. Signature Place No�ery Seal Above SignaWre of No�ary Public OPTIONAL Though the inlormation below is not required by law, it may prove valuable to persons re/ying on the document and could prevent lraudulent remova/ and reattachment ol this lorm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ CorporateOfficer—Title(s): ❑ Partner — C Limited ❑ Ger ❑ Attorney in Fact / ❑ Trustee ❑ Guardian or Coi ❑ Other: Signer Is RIGHTTHUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER �20W National No�ary Associatiom 9350 De So�o Ave., P.O Box 2402 •C�atswoM, CA 9131&2402• www.Na�ionalNOfery.org Item M590] fleortlec Call TWLFree b800-8]8-682] END OF DOCUMENT