HomeMy WebLinkAbout2011-005782C'omplimentary Recording Requested
Pursuant To Govemment Code
Sections 6103 And 27383
Recording requested by and
when recorded return to:
City of Arroyo Grande
Attn: City Clerk
214 E. Branch Street
Arroyo Grande, CA 93420
JULIE RODEWALD
San Luis Obispo Counry— Clerk/Recorder
Recaraea at Ine request oi
Public
KT
2/02/2011
11:34 AM
DOC#
2011005782
II IIII IIII III I III
LEASE WITH OPTION TO PURCHASE AND
AGREEMENT AFFECTING REAL PROPERTY
raies: a Pe 3g
Fees 0.00
Taxes 0.00
Others 0.00
PAID 50.00
THIS LEASE WITH OPTION TO PURCHASE AND AGREEMENT AFFECTING REAL
PROPERTY (this "Agreement") is made as of this d5�day of January, 2011 (the
"Effective Date"), by and between John P. Gutierrez and Maureen T. Gutierrez,
Trustees of the Gutierrez Family Trust dated April 6, 2006, (collectively "Gutierrez") and
the City of Arroyo Grande, a municipal corporation of the State of California ("City").
RECITALS
WHEREAS, Gutierrez is the owner of record of all of that certain real property situated
in the City of Arroyo Grande, San Luis Obispo County, CA, commonly known as 202 Le
Point Street (the "Gutierrez Property"), pictured and depicted as five separate "Areas" (A
through E, inclusive) in the attached Exhibit A, and more particularly described in the
attached Exhibit B, both of which are incorporated herein by this reference; and
WHEREAS, Gutierrez is also the owner of record of all that certain real property
situated in the City of Arroyo Grande, San Luis Obispo County, California, commonly
known as "Branch Street Deli," 203 East Branch Street, Arroyo Grande, CA, which is
currently being used as a restaurant deli with outdoor patio and parking facilities (the
"Deli Property"); and
WHEREAS, City desires to lease from Gutierrez Areas B, C and E(the "Lease
Property") for the purposes of constructing, operating and maintaining a public parking
lot and related parking improvements; and
WHEREAS, by this Agreement, the parties desire to ensure that the house located at
202 Le Point Street in Area D(the "House") has independent legal access which is
consistent with City's use of the Lease Property and therefore, by this Agreement, City
shall grant to Gutierrez access easements located across the City property located
immediately east of the Gutierrez Property (the "City Property") which are depicted in
Exhibit C, attached hereto and incorporated herein by this reference; and
WHEREAS, City shall, at no cost to Gutierrez, construct access improvements within
said easement connecting the Gutierrez Property to a public right of way; and
WHEREAS, City also desires to obtain from Gutierrez an ADA access, utility and
drainage easement within Area E as further depicted in Exhibit C, in order for the City to
construct certain ADA, utility and drainage improvements and related facilities; and
WHEREAS, in addition, City desires to accept an offer of dedication from Gutierrez for
that area depicted as Area A in Exhibit A in order for City to, at City's sole expense,
Page 1 of 8
widen Le Point Street to current City standards and install pavement, curb, gutter and
sidewalk along the South side of Le Point Street; and
WHEREAS, the parties wish to provide for an option (hereinafter the "Option") to allow
City to purchase Areas B— E, inclusive (hereinafter the "Option Property"), pursuant to
the terms and conditions set forth herein; and
WHEREAS, as consideration for the Option, City has agreed to credit Gutierrez with
eight (8) parking spaces in full satisfaction of Condition of Approval No. 32 of
Conditional Use Permit 97-550. City will allow Lots 1 and 2 to remain as currently
configured. Additionally, City shall record a parcel map (or equivalent) to create a
separate legal lot comprised of the Gutierrez Property.
AGREEMENT
NOW THEREFORE, in consideration of the mutua� promises and covenants
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Gutierrez and City hereby agree as
follows:
Section 1. Recitals
The above Recitals are true and correct and are incorporated into this Agreement
by this reference.
Section 2. Lease of Prope
Gutierrez hereby leases to City and City hereby leases from Gutierrez, the Lease
Property on the terms and conditions set forth in this Agreement (the "Lease"). City shall
have the right, without limitation, at City's sole cost, to construct, improve, install,
operate, maintain and repair a public parking lot facility and related improvements and
utilities within the Lease Property. City shall have the nght to demolish and remove the
storage shed located in Area C in order to accommodate its improvement plans.
Section 3. Term
The term of the Lease shall be ten (10) years (the "Term") commencing on
February 1, 2011 (the Commencement Date"), and, unless sooner terminated or
extended as herein provided, shall terminate on January 31, 2021.
Section 4. Rent
City shall pay to Gutierrez as rent two thousand dollars ($2,000.00) on the first
day of each month throughout the Term of the Lease.
Section 5. Taxes and Assessment
City shall pay to Gutierrez, during the entire Term, before delinquency, its share
of all real property taxes and assessments which are or may during the Term be levied,
charged, assessed or imposed upon or against Areas A, B, C and E of the Gutierrez
Property. It is understood and agreed that City shall pay all real property taxes and
assessments, including any supplementary assessments, which are or may be levied,
charged, assessed or imposed upon or against the Lease Property during the Term.
Page 2 of 8
Section 6. Offer of Dedication and Grant of Easements
(a) Offer of Dedication of Area A. Within ten (10) days of the Effective Date,
Gutierrez shall offer to City that portion of the Gutierrez Property depicted as Area A, in
the form of an offer to dedicate (the "Offer") attached hereto as Exhibit D. Upon City's
acceptance of the Offer, City shall, at City's sole expense, widen Le Point Street to
current City standards and install pavement, curb, gutter and sidewalk and related
improvements along the South side of Le Point Street.
(b) Grant of Easements; Use of Easements: Character of Easements.
Access Easements.
i. City hereby grants to Gutierrez and Gutierrez hereby accepts
from City:
1. An access easement over, on, under and above the City
Property located immediately east of the House as more
particularly depicted in Exhibit C(the "House Access
EasemenY') which is intended to provide the House with
separate legal access; and
2. An access easement over, on, under and above the City
Property located immediately east of the House as more
particularly depicted in Exhibit C(the "Deli Access
EasemenY') which is intended to provide the Deli
Property with separate legal access.
ii. City shall, at no cost to Gutierrez, construct the following
improvements:
An access driveway and related improvements between
the City Property and the Deli Property as described and
depicted in Exhibit C. The parties acknowledge that the
access driveway may require the loss af up to three (3)
parking spaces on the Deli Property parking lot which
shall be credited to Gutierrez.
2. ADA access improvements as more particularly depicted
in Exhibit C.
iii. The House Access Easement and Deli Access Easement
granted herein are non-exclusive and are appurtenant to the
dominant tenements, the Gutierrez Property and the Deli
Property, respectively. The House Access Easement and Deli
Access Easement shall remain in full force and effect in
perpetuity, unless terminated by Gutierrez or by operation of
law. The parties acknowledge that the House Access Easement
shall terminate by operation of law upon transfer of the Option
Property to City. Gutierrez agrees to cooperate with City in good
faith to relocate the Deli Access Easement as necessary to
accommodate City's long term improvement plans for the
adjacent City Property and Gutierrez Property.
Page 3 of 8
ADA Access/ Utilitv/ Drainaae Easement.
i. Gutierrez hereby grants to City and City hereby accepts from
Gutierrez an ADA access, utility and drainage easement (the
"ADA Access/ Utility EasemenY') over, on, under and above that
property identified as Area E and more particularly depicted in
Exhibit C.
City shall have the right to construct, improve, install, use,
operate, maintain and repair ADA access, utility and drainage
improvements and related facilities within the ADA Access/
Utility Easement, including the right of ingress and egress
thereto.
iii. The ADA Access/ Utility Easement shall be exclusive and in
gross for the benefit of the City and shall remain in full force and
effect in perpetuity, unless terminated by the City or by
operation of law.
Section 7. Citv's Option to Purchase Option Propertv
(a) Gutierrez hereby grants to City an Option to purchase the Option Property
on the following terms and conditions:
a. The Option shall not be exercised prior to commencement of the sixth
(6th) year of the Lease Term (the "Option Term");
b. The Purchase Price for the Option Property ("Purchase Price") shall be
the greater of four hundred twenty eight thousand dollars ($428,000)
or the appraised value of the Option Property at the time of purchase
pursuant to this Option.
City and Gutierrez shall select a mutually agreed upon
appraiser to provide the appraisal.
Should City and Gutierrez be unable to agree upon an
appraiser, both City and Gutierrez shall select one appraiser,
and those finro appraisers shall select a third appraiser. All
three (3) appraisers shall provide appraisals, and the average
of the three (3) appraisals shall determine the Option
Purchase Price. The parties shall each pay for the cost of the
appraisal prepared by the appraiser they select and the cost of
the third appraiser shall be shared equally.
c. Upon City's exercise of the Option as provided hereunder, City and
Gutierrez shall execute a Purchase and Sale Agreement substantially
in the form attached hereto as Exhibit E.
(b) Consideration for Oqtion: As consideration for the Option, City has agreed
to credit Gutierrez with eight (8) parking spaces in full satisfaction of Condition of
Approval No. 32 of Conditional Use Permit 97-550. City will allow Lots 1 and 2 to remain
as currently configured. Gutierrez agrees to continue to provide pedestrian access from
East Branch Street to the parking lot located on the Deli Property. Additionally, City shall
Page 4 of 8
record a parcel map (or equivalent) to create a separate legai lot comprised of the
Gutierrez Property. Lastly, City agrees that so long as there is no expansion of the
structures on the Deli Property, no additional parking shall be required, regardless of a
change in use.
(c) Exercise of Option: Provided City is not in default under this Lease, this
Option may be exercised by City's delivering to Gutierrez at any time during the Option
Term and before the expiration of the Lease Term, at least six (6) months written notice
of the exercise ("Exercise Notice").
(d) Gutierrez warrants that Gutierrez is the owner of the Option Property and
has marketable and insurable fee simple title to the Option Property clear of restrictions,
leases, liens, and other encumbrances, except as described on the attached Exhibit F.
If this Option is exercised by City, Gutierrez shall convey title to the Option Property by
grant deed. Throughout the Term of the Lease and until the Option Property is
conveyed to City, if this Option is exercised, Gutierrez shall not substantially alter or
encumber the Option Property in any way nor grant any property or contract right
relating to the Option Property without the prior written consent of City, which consent
may be granted or withheld at City's reasonable discretion.
(e) If City does not exercise the Option, or if the Lease is otherwise
terminated, all improvements to the Lease Property shall revert to Gutierrez, at no cost
to Gutierrez.
Section 8. Quiet Eniovment
During the Term of the Lease, City shall peaceably hold and quietly enjoy the
Lease Property without hindrance, molestation or interruption by Gutierrez or by anyone
lawfully or equitably claiming by, through or under Gutierrez.
Section 9. Insurance
During the term of the Lease, City agrees to provide the general liability
insurance for the Lease Property afforded it through the California Joint Powers
Insurance Authority.
Section 10. Indemnitv
(a) To the fullest extent allowed by law, City covenants and agrees that Gutierrez
shali not at any time or to any extent whatsoever be liable, responsible or in anyway
accountable for any loss, injury, death, or damage to persons or property which, at any
time may be suffered or sustained by City or by any person who may at any time be
using, occupying, or visiting the Lease Property or be in, on or about the Lease
Property, from any cause whatsoever, except when such loss, injury, death, or damage
shall be caused by or in anyway result from or arise out of the soie negligence or
intentional acts or omissions of Gutierrez. Furthermore, City shall forever indemnify,
defend, hold, and save Gutierrez free and harmless of, from and against any and all
claims, liability, loss, or damage whatsoever on account of any such loss, injury, death
or damage occasioned by any cause other than Gutierrez's intentional or solely
negligent acts or omissions. City's indemnity obligation set forth in this Section shall
survive the termination or expiration of the Lease with respect to any claims or liabilities
arising out of injury or damage to person or property which occurs during the Term.
(b) To the fullest extent allowed by law, Gutierrez covenants and agrees that Ciry
shall not at any time or to any extent whatsoever be liable, responsible or in anyway
Page 5 of 8
accountab�e for any losses, damages, or any other claims which, at any time may be
brought against, suffered or sustained by City or by any person who may at any time be
using, occupying, or visiting the Deli Property and Area D(including, but not limited to
the Home) or be in, on or about the Deli Property and Area D(including, but not limited
to the Home), resulting from the failure of any of Gutierrez's representations made
herein. Furthermore, Gutierrez shall forever indemnify, defend, hold, and save City free
and harmless of, from and against any and all claims, liability, loss, or damage
whatsoever on account of any such misrepresentation. Gutierrez's indemnity obligation
set forth in this Section shall survive the termination or expiration of the Lease with
respect to any claims or liabilities arising during the Term.
Section 71. Citv's Defaults and Gutierrez's Remedies
It shall be an event of default hereunder (each an "Event of DefaulY') if (i) default
shall be made by City in the punctual payment of any rent or other moneys due
hereunder and shall continue for a period of ten (10) days after receipt of written notice
thereof by City; (ii) default shall be made by City in the performance or observance of
any of the other agreements, covenants or conditions of this Agreement on the part of
City to be perFormed and observed and such default shall continue for a period of thirty
(30) days after receipt of written notice thereof by City, or, in the case of a defauit which
cannot be cured by the payment of money and cannot be cured within thirty (30) days,
shall continue for an unreasonable period after receipt of such written notice; (iii) City
shall abandon the Lease Property. Upon the occurrence of any Event of Default by City
hereunder, Gutierrez shall have the right, in addition to a�l other rights and remedies of
Gutierrez provided hereunder or by law, to terminate City's Lease, in which event City
shall immediately surrender possession of the Lease Property, and pay to Gutierrez all
rent and all other amounts payable by City hereunder to the date of such termination.
Section 12. Nonwaiver
If any action or proceeding is instituted or if any other steps are taken by
Gutierrez or City, and a compromise part payment or settlement thereof shall be made,
either before or after judgment, the same shali not constitute or operate as a waiver by
Gutierrez or City of any agreement, covenant or condition of this Agreement or of any
subsequent breach thereof.
Section 13. Covenants Run With Land
(a) The agreements, covenants and conditions in this Agreement are and shall
be deemed to be covenants running with the land and shall be binding upon and shall
inure to the benefit of Gutierrez and City and their respective successors and assigns.
(b) All references in this Agreement to "City" or "Gutierrez° shall be deemed to
refer to and include successors and assigns of City or Gutierrez, respectively, without
specific mention of such successors or assigns.
Section 14. Notices
Except as otherwise provided hereunder; any notice or communication to
Gutierrez or City shall be in writing and be mailed by certified mail, postage prepaid.
Notices or communications shall be addressed as follows:
To Gutierrez:
John and Maureen Gutierrez
To City:
City of Arroyo Grande
Page 6 of 8
492 Printr Road
Arroyo Grande, CA 93420
With Copy to:
Tom Gutierrez
1615 Payton Way
Nipomo, CA 93444-6614
Attn: City Manager
214 E. Branch Street
Arroyo Grande, CA 93420
With Copy to:
Carmel & Naccasha LLP
Attn: Timothy J. Carmel
1410 Marsh Street
San Luis Obispo, CA 93401
Section 15. Holdinq Over
This Lease shall terminate without further notice upon the expiration of the Term,
and any holding over by City after the expiration of the Term shall not constitute a
renewal hereof or give City any rights hereunder or in or to the Lease Property, except
as otherwise herein provided, it being understood and agreed that such Lease cannot
be renewed, extended or in any manner modified except in writing signed by Gutierrez
and City.
Section 16. Severabilitv
In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Agreement, but
this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions
had not been contained herein.
Section 17. Consents
Unless otherwise specified, whenever in this Agreement the consent or approval
of either Gutierrez or City is required or permitted, the party requested to give such
consent or approval will act promptly and will not unreasonably withhold its consent or
approval.
Section 18. Specific Enforcement
In the event that City exercises its Option to purchase the Option Property from
Gutierrez on the terms and conditions set forth in Section 7 hereof, Gutierrez and City
both acknowledge that legal damages are an insufficient remedy at law and that City's
rights under such Section shall be specifically enforceable, without limitation on the right
of City to resort to any other remedy available at law.
Section 19. Inteqration
This instrument constitutes the entire agreement between Gutierrez and City
with respect to the subject matter hereof and supersedes all prior offers and
negotiations, oral or written. This Agreement may not be amended or modified in any
respect whatsoever except by an instrument in writing signed by Gutierrez, City and, if
required by any Lender, by Lender.
Section 20. Amendments
This Agreement may be modified only in writing and only if signed by the parties
at the time of the modification.
Page 7 of 8
Section 21. Governinq Law: Venue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Venue shall be the Superior Court of San Luis Obispo County.
Section 22. Subordination
This Agreement, and any modifications shall unconditionally be and at all times
remain prior and superior to that deed of trust recorded as Instrument No. 2005-007854
recorded in the o�cial records of San Luis Obispo County.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
CITY OF ARROYO GRANDE
Tony errar , or•
Approved as to Content:
i���
�
Steve Adams, City Manager
April 6, 2006
Gutierrez,
\�/�'
� �
Maureen T. G tie ez, Tr ste '
Approved as to Form:
b^.-
Timothy J. Carmel, City Attorney
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE SUBJECT
PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THIS AGREEMENT
In consideration of the mutual benefits accruing to the parties, the undersigned, present
beneficiary of deed of trust recorded as Instrument No. 2005-007854 in the Official
Records of San Luis Obispo County, hereby consents, approves and declares that said
deed of trust and note is and shall unconditionally be and remain at all times inferior and
subordinate to this Agreement. �
Mary L Baxter, Trustee of the Baxter
Family urvivor's Trust'
Date:
" Signatures must be notarized
Page 8 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California �
County of 'Sit.r� L..�t iS 06%3D0
On 0 � � � beforeme, /C./77L1 �. �O✓7Z�. ,
Da ere Inurl Name anE Title of ihe INiicer
personally appeared �OlR t� �(/`'QVa� _
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COmmlwlon I 1729916
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fan WN 06Upo CouiMy
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who proved to me on the basis of satisfactory evidence to
be the person(ej whose name(a'� is/are subscribed to the
within instrument and acknowledged to me that
he/sHekHey executed the same in his/�eir authorized
capacity(isej; and that by his/Herkheir signature(e� on the
instrument the person(a), 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 �
Plece No�ary Seal Above � SignaWre of Notary Public
OPT/ONAL
Though the information be/ow is not required by law, it may prove valua6le to persons relying on the document
and could prevent lraudulent removal and reattachment ol this iorm to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ CorporateOfficer—Title(s): _
❑ Partner—O Limited ❑ General
❑ Attorney in Fact �
❑ Trustee
❑ Guardian or Coi
❑ Other:
Signer Is
Signer's Name:
❑ Individual
❑ Corporate Otticer — Title(s):
❑ Partner — 0 Limited ❑ General
❑ Attorneyin Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHIIMBPRMT
OF SIGNER
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State of Califomia �
County of �ih. �y,t,Ue �,�no
On
2011 before me, /�;�7my.IaJ(J(iJP/h5 , Notary Public, personally
�� ��p�� � who
proved to me on the basis of satisf ctory evidence to be the person�r) whose name(s�
isEare- subscribed to the within instrument and acknowledged to me that he/sheEtkiey
executed the same in his[beN�heir authorized capacities and that hisNaera#bei� signature(e)
on the instrument the person(sj or the entity upon behalf of which the person(� acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature j75-�"/�7Z/,��(� (SEAL)
State of California
County of � /,,ucri U�la-po
ppeared �
proved to me on the
is/are subscribed to
RMONDA OWENS
ComiMUbn * 1825&0
Not�ry PuWk - CNBmMa
8M lui� Oehpo Counry
Comm. Ex in� Jan 1 2013
2011 before me, �{1�1y�a�a., (JUiPrr�S , Notary Public, personally
eLn T C'�u}r��-tm,,� who
basis of satisfa ory evidence to be the person(s) whose name(s)
the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacities and that 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 Caiifornia the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature r.�?�-oil,�,e/,u �(.uP�d1� (SEAL)
� tIHONOA OWENS
CumnMtilon s 1825610
NoNry PuWk - Calilornia
San Luis ODl�po Counry '
Comm. E Im Jan t, 2013 +
State of California
County of ���
On �_, 2011 before me, �j� dlUP�S , Notary Public, personally
appeared i'Yl2ru �-e�i� /�acter who
proved to me on he 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 capacities and that 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 the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature �LoylG�i.�_� (�7,I.�yUd� (SEAL)
��� NDA OWENS
comMssron • �azss�o
Notary Pu01k - Calilornia
Su� LW� ODitpo County
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EXHIBIT'A'
An aerial site depiction is on file at the City of Arroyo Grande Community Deveiopment
Department, located at 300 East Branch Street, Arroyo Grande, California 93420.
6UTlERREZ
OFFER OP DEDICAi'ION
AREA `A'
A portion of l:ot i of the Home Tract accarciing to the map thereof recorded pecember
21 , 1907 in 9ook 1 at Page102 of Licensed Surveys in offiCe o€ the Gounty RecoFder, San Luis
Obispo County, State of Califomia and being more particulady described as follows:
Beginning at the northetfy most come� of said Loi 1;
Thsnce, along the northeasterly line thereof. $32°45'3U"E, 20.44 feei;
Thence, leaving said rwrtheasterly line, �u3g°q5'93'W, 53;26 fest to the
southwesterly line of said Lot 1;
Thence, along said southwestehy line, N32 11.9s feet to the
westerly most comer of said Lot 1;
Thence, along Bue northwesterly line of said Lot 1, N14 4�.gp
feet;
Thence, continuing aiong said northwesierly line, NBO°33'23"E, 18;93 feet
to the Point of Beginning and containing 1092 square feet more or less and as
shown on Exhibk'A' attached hereto and by reference made a part hereof.
END DESCRIPTIbN
Prepared by:
— /�.C�GG"2�j , cYt,j.��—
wil�am R. Dyer, LS 566i, Li . E�. 9130/11
Da#es _l//.� 1�,
_�_
EXHIBtT'B'
(iuti�errez 1.� Poini tit ptTer
ACCESS, PARKING, UTILITY
AND DRAlNAGE
LEASE /pPTIONAREAS `B', `G' 8� 'E'
A partion of Lot 1 of the Home Tract according to the map thereof recorded December
2i, 1907 in 8oak 1 at Page 102 of Licensed Surveys in o�ce of the County Recorder, San Luis
Obispo County, State of Califomia and being mo�e particularly described as follows:
Lease /tQption Areas 'B' & 'C'
Commencing attMe nvrtheriy most comer ofsaid Lot 1;
Thence along the northeasteriy line theteof, S32°45'30"E, 20:44 feet to
the True Paint of 6eginning;
Thence leaving said nartheasterty Iine, S36°A5'13"W, 53:26 feei to the
southwesterly line of said Lot t;
Thence a�orlg said southwesterly line, S32°45'37°E,'131.38 feet;
Thence Ieaving said souYhwesterly line, N57°14'33'1N, d9;88 fieet to tha
northeasterly lina of said Lot 1;
Thence along said northeasterly Iine, N32°45'30'VIt, �50:02 feet to the
True Point of Beginning. ar�d contsining 7019 square feet mare or fess and as
shown on Exhibit `A' attached hereto and by reference made a part hereof.
Lease /�tion Area `E'
Commencing at the northerly most comer of said Lot 1;
Thence along the northeasterly line thereof; S32°45'30"E, 225.40 feet to
the True Point of Beginning;
Thence (Course A) feaving said noRheasterly line, S80°p6'32°VU, 49.95
feet to the southwesterty line of said �:ot 1;
Thencealong said southwesterly line, S32°45'37°E, 10.D1 feet;
Thence leaving :said southwesterly line and paealle( to Course A,
N60°06'32°E, 49.95 feet to the northeastariy lirte of said Lof 1;
Thence along said northeasterly Ifne, N32°45'30"W, 1U.01 feet to the True
Point of Beginning and containing 499 squarse feet mote or less and as shovm on
Exhibft'A' attached hereto and by referenc.e made a part hereof.
ENa [3ESGRIPTION
Prepared by:
2:L:�l�-
Wilitam R. Dyer, LS 5661, c. Exp, 9/30M1
Date: / z /
EXHIBfT'B'
Cuti �rre[ Euw�tuntE
ACCESS, PARKING, UTILITY
AND DRAINAGE
OPTWlV AREA'D'
A portion of Lot 'I of the Home Tract according to the map thereof recorded December
21, 1807 in Book 1 at Page 102 of Licensed Surveys in office of the County Recorder, San Luis
Obispo Caunty, State of Galifomia and being more particularly described as foliows:
Option Area 'D'
Commencing at the northe�ly mostcomer of said Lot 1-;
Thence;along the northeaskerly line thereof, S32 i70.46 feet to
the Tn,e Point o# Beginning;
Thance con�nuing along said noriheasterly line, S32°45'30"E, 54.94 feet;
Thence leaving said northeasteriy line, S80 49.96 feet to the
southwesterly line pf said Lot 1;
Thenee along said southvyeste�iyJine, N32°45'37"V1i, 52:43feet;
Thence leaving said southwesis�ly line, N57 49.88 feet to the
northeastedy line of said Loi 1 to the True Point of Seginning and confiaining
2678 square feet more or less and gs shown on �hibit 'A' attached hereto and
by reference made a par# hereof.
END D�SCF2IPTION
Prepared by:
� ` '� . �,�
Wrlliam R. Dyer, LS 5661 ic. Exp. 9/30i11
Date: ! /Z t
EXHIBIT 'B'
Guti vrez Paszm yns
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AREA A � / / \ �`�r�_ N ,(,
OFFER OF / � � - "'� � �Y
�ACCESS �� /
DEDICATION � � � �
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EXHIBIT'C'
RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
Ciry Clerk
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
f3�7:7
USE ONLY
EXHIBIT "D"
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
THIS OFFER TO DEDICATE is made this day of 2011, by John P.
Gutierrez and Maureen T. Gutierrez, Trustees of the Gutierrez Family Trust dated April 6, 2006,
hereinafter termed Offeror:
WHEREAS, Offeror is the owner of record of all of that certain real property situated in the City
of Arroyo Grande, San Luis Obispo County depicted as Area A in Exhibit A and described in
Exhibit B (the "Property"); and
WHEREAS, the City of Arroyo Grande (the "City") desires to improve the Property by widening
Le Point Street to current City standards and installing pavement, curb, gutter and sidewalk
along the South side of Le Point Street (the "Le Point Street ProjecY'); and
WHEREAS, by this instrument, Offeror desires to make an irrevocable and perpetual offer to
dedicate a fee simple interest in the Property to the City to enable construction of the Le Point
Street Project.
NOW, THEREFORE, for valuable consideration, the receipt and su�ciency of which is hereby
acknowledged, said Offeror covenants and promises as follows:
1
�
That said Offeror is the owner of the Property.
That said Offeror does hereby irrevocably and in perpetuity offer to such governmental
entity a dedication of a fee simple interest in the Property.
4. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a
government entity may, at any time in the future, accept said offer of dedication of the
Property.
5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and
shall be binding on its heirs, legatees, successors and assignees.
SIGNATURES TO FOLLOW ON NEXT PAGE
IN WITNESSS WHEREOF, this Offer is hereby executed by the said Offerors on the day and
year first above written.
Gutierrez Family Trust Dated April 6, 2006
John P. Gutierrez, Trustee
Maureen T. Gutierrez, Trustee
This is to certify that the interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE, dated January _, 2011 from John P. Gutierrez and
Maureen T. Gutierrez, Trustees of the Gutierrez Family Trust dated April 6, 2006 to CITY OF
ARROYO GRANDE, a municipal corporation of the State of California is hereby accepted by
Resolution of the City Council of the City of Arroyo Grande on , 2011, and the
City of Arroyo Grande consents to the recordation thereof by its duly authorized officers.
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
NED
OFFER OF t8 ' 9 �
DEDICATION
AREA 'A'
N14'S6'1S'E 41.9p'�
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EXH I B IT 'A'
An aerial site depiction is on file at the City of Arroyo Grande Community Development
Department, located at 300 East Branch Street, Arroyo Grande, California 93420.
GtJT1ER12EZ
OFFER OF DEDICATION
AREA'A'
A portian of Lot 1 of the Home Traet accorciing fo tile map tFl�repf recorded pe
21,19Cl7 in Book 1 ai Fage 102 of l�icensed Surveys in offie.e of #he �punty FGe+:ard�r, San Luis
Obfspo Cvunty, State of Califomia and being more particularly described as fo►lows;
Beginning at the northerly most eomer df 6aid Lot '1;
Thence, �long the nnrUiea�terly line thereof. 582°�#5'34"E, 20.44 f�et;
Thence, 7eaving said norttteasierly Jine, S3li 3328 feet to the
southwestedy line of said Lot 1;
Thence, along said southweskerly line, N37'45'37"'ty; 11.g8 feet W the
westerfy mbst comer ofsaid Lot 1;
Thenae. along the northwesierly line of said Lof 1 Ni4°�'t5"E, 41.9d
ieeY
Thenc�, continuir�g along saici northwesteHy line, tV60°33 18,93 feet
to the Point of'Beginning and containing 1092 square fe�t more 4r tess and as
shnvun on ExhibR `A' attachsd hereto and by referanee made a;pa�rt heCecif,
END DESCRIPTION
Prepated:by:
f�� � v � ` '
l�u^'�j ,�;�f.�- s'�
William i�. DYec. LS 56B1, Li . Exp. 9/30H1 � LS, 664i1
/ �XP Q/3�t2Q
Date; . �/l_�-� �y
�_ l�"' ., _ . :�e
EXHIBIT '8'
�Outi�trrez L::PuiM-tit�nlT�r
EXHIBIT "E"
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "AgreemenY') is entered into as of
this day of , 20_ (the "Effective Date") by and between John P. Gutierrez
and Maureen T. Gutierrez, Trustees of the Gutierrez Family Trust dated April 6, 2006
(collectively referred to herein as "Seller") and the City of Arroyo Grande, a municipal
corporation of the State of California (collectively referred to herein as "Buyer").
Recitals
WHEREAS, Seller is the owner of certain real property located in the City of Arroyo
Grande, California, commonly referred to as 202 Le Point Street (the "Property") and
more particularly depicted as Areas B, C, D and E in Exhibit A and described in Exhibit
B both of which are attached hereto and incorporated herein; and
WHEREAS, by this Agreement, the parties wish to provide terms and conditions for
Buyer's purchase of the Property from Seller.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, the parties agree as follows:
SECTION 1
Purchase and Sale.
Purchase and Sale. Seller shall sel� the Property to Buyer and Buyer shall
purchase the Property from Seller on the terms and conditions stated in this Agreement.
SECTION 2
Purchase Price.
Purchase Price. The purchase price for the Property shall be
($ ) ("Purchase Price").
SECTION 3
Due Diligence.
There shall be no due diligence period for this transaction. Buyer acknowledges that
it has had sufficient opportunity to inspect the Property and hereby waives all due
diligence contingencies.
SECTION 4
Escrow.
Upon execution of this Agreement, Seller and Buyer shall establish an escrow for the
close of the sale of the Property ("Escrow") with First American Title Company, Arroyo
Grande, CA 93420 ("Escrow AgenY'). if the Escrow Agent is unwilling or unable to
perForm, Buyer shall designate another Escrow Agent. A grant deed ("Grant Deed")
shall be recorded and the Property transferred from Seller to Buyer ten (10) days after
the Effective Date ("Close of Escrow").
SECTION 5
Closing Deposits.
On or before Close of Escrow, Seller and Buyer shall deposit with Escrow Agent the
following documents and funds:
(a) Seller's Deposits. Seller shall deposit with Escrow Agent the following:
(i) Deed. The original executed and acknowledged Grant Deed conveying the
Property to Buyer ("Grant Deed");
(ii) Nonforeign Affidavit. The original Nonforeign Affidavit executed by Seller;
and
(iii) Additional Documents. Any other documents or funds required of Seller to
close Escrow in accordance with this Agreement.
(b) Buyer's Deposits. On or before the Close of Escrow, Buyer shall deposit with
Escrow Agent the following:
(i) The Purchase Price;
(ii) Closing Costs. Additional cash in the amount necessary to pay Buyer's share
of closing costs, as set forth in Section 6; and
(iii) Additional Documents. Any other documents or funds required of Buyer to
close Escrow in accordance with this Agreement.
SECTION 6.
Closing Costs.
Buyer shall pay all escrow fees, costs of any title insurance and any endorsements
and the costs of recording the Grant Deed.
2
SECTION 7
Prorations.
Real property taxes, assessments, property operation expenses and other
recurring costs shall be prorated as of the Close of Escrow.
SECTION 8
Seller's Warranties.
Seller warrants and represents to Buyer that as of the date of this Agreement and as
of the Closing:
(a) That the Escrow instructions have been, and all the documents to be delivered
by Seller to Buyer at Closing shall be, duly authorized, executed, and delivered by
Seller, are or shall be legal and binding obligations of Seller, shall be sufficient to
convey title, are or shall be enforceable in accordance with their respective terms,
and do not and shall not at Closing violate any provisions of any agreement to which
Seller is a party;
(b) That at the Closing there shall be no outstanding contracts made by Seller
regarding the Property and that Seller shall cause to be discharged all encumbrances
and liens including, but not limited to all trust deeds, mortgages, mechanics' and
materialmen's liens arising from any labor or materials furnished prior to Closing
which pertain to the Property; and
(c) That Seller is not a"foreign person" within the meaning of section 1445(�(3) of
the Internal Revenue Code of 1954, as amended, and that Seller shall furnish to
Buyer, prior to Closing, an a�davit in a form satisfactory to Buyer confirming the
same.
The continued accuracy in all respects of Seller's representations and warranties
shall be a condition precedent to Buyer's obligation to close. All representations and
warranties contained in this Agreement shall be deemed remade as of the date of
Closing and shall survive the Closing.
SECTION 9
Indemnification.
Seller agrees to indemnify and hold Buyer free and harmless from any losses,
damages, costs, or expenses (including attorney fees) resulting from any inaccuracy in
or breach of any representation or warranty of Seller and any breach or defauit by Seller
under any of Seller's covenants or agreements under this Agreement.
Section 10
Notices.
Except as otherwise provided hereunder; any notice or communication to Seller
or Buyer shall be in writing and be mailed by certified mail, postage prepaid. Notices or
communications shall be addressed as follows:
To Gutierrez:
John and Maureen Gutierrez
492 Printz Road
Arroyo Grande, CA 93420
With Copy to:
Tom Gutierrez
1615 Payton Way
Nipomo, CA 93444-6614
To City:
Ciry of Arroyo Grande
Attn: City Manager
214 E. Branch Street
Arroyo Grande, CA 93420
With Copy to:
Carmel & Naccasha LLP
Attn: Timothy J. Carmel
1410 Marsh Street
San Luis Obispo, CA 93401
Section 11
Liquidated Damages.
IF BUYER FAILS TO COMPLETE THE PURCHASE PROVIDED FOR IN THIS
AGREEMENT BY REASON OF ANY DEFAULT OF BUYER, SELLER SHALL BE
RELEASED FROM SELLER'S OBLIGATION TO SELL THE PROPERTY TO BUYER
AND MAY PROCEED AGAINST BUYER UPON ANY CLAIM OR REMEDY THAT
SELLER MAY HAVE IN LAW OR EQUITY; PROVIDED, HOWEVER, THAT, BY
INITIALING THIS SECTION 11, BUYER AND SELLER AGREE THAT IN THE EVENT
OF DEFAULT BY BUYER, (A) IT WOULD BE IMPRACTICAL OR EXTREMELY
DIFFICULT TO FIX ACTUAL DAMAGES; (B) THE SUM OF FIVE PERCENT (5%) OF
THE PURCHASE PRICE SHALL CONSTITUTE LIQUIDATED DAMAGES PAYABLE
TO SELLER; (C) THE PAYMENT OF THE LIQUIDATED DAMAGES TO SELLER
SHALL CONSTITUTE THE EXCLUSIVE REMEDY OF SELLER; (D) SELLER MAY
RETAIN THAT FIVE PERCENT (5%) OF THE PURCHASE PRICE FOR THE
PROPERTY AS LIQUIDATED DAMAGES; AND (E) PAYMENT OF THAT SUM TO
SELLER AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR
PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275
OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES
TO SELLER PURSUANT TO SECTIONS 1671, 1676, AND 1677 OF THE
CALIFORNIA CIVIL CODE.
/ INITIALS
4
Section 12
Attorney Fees; Litigation Costs.
If any legal action or other proceeding, including arbitration or an action for
declaratory relief, is brought to enforce this Agreement or because of a dispute, breach,
default, or misrepresentation in connection with this Agreement, the prevailing party
shall be entitled to recover reasonable attorney fees and other costs, in addition to any
other proper relief.
Section 13
Severability.
If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement shall not be affected.
Section 14
Waivers.
No waiver or breach of any provision shall be deemed a waiver of any other
provision, and no waiver shall be valid unless it is in writing and executed by the waiving
party. No extension of time for pertormance of any obligation or act shall be deemed an
extension of time for any other obligation or act.
Section 15
Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original and all of which taken together shall constitute one and the same
instrument. The execution of this Agreement shall be deemed to have occurred, and
this Agreement shall be enforceable and effective, only upon the complete execution of
this Agreement by Seller and Buyer.
Section 16.
Governing Law.
This Agreement shall be governed by and construed in accordance with California
law.
[Signatures are on the following page]
The parties have executed this Agreement as of the date first above written.
1=1�1'/�:�
CITY OF ARROYO GRANDE
Tony Ferrara, Mayor
Approved as to Content:
Steve Adams, City Manager
Approved as to Form:
Timothy J. Carmel, City Attorney
SELLER:
Gutierrez Family Trust Dated April 06,
2006
John P. Gutierrez, Trustee
Maureen T. Gutierrez, Trustee
C�
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OFFER OF 78 '� / P � B � / � �
DEDICATION / � �
AREA 'A' / � � � /
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EXHIBIT'A'
An aerial site depiction is on file at the City of Arroyo Grande Community Development
Department, located at 300 East Branch Street, Arroyo Grande, California 93420.
LEASE/pPTIONAREAS `B','G' 8�'E'
A portion pf Lot 1 of the Home Tract according to the map therenf tecorded pecember
21, 1907 in Book 1 at Page 102 of Licensed Surveys in office of the County Recorder, San Luis
Obispo Courtty, State of Califomia and being mo�e particularly desctibed as follows:
Lease lOption Areas 'B' & `C
Commencing at the norihe�ly most comer of said Lot 1;
Thence along the northeasterly line thereof, S32°45'30"E, FD.44 feet to
the True Point of Beginning;
Thence leaving said noRheasterly line, S36°45'13'1N, 53.26 feet to the
southwesterly line af said Lot 1;
Thence along said southwesteNy line, S32°d5'37°E, 134.38 feet;
Ther�ce leaving said southweste8y line, N57°14'23'1N, 49:88 feet to the
northeasteMy line df said Lot 1;
Thence along said northe2stedy line, N32°45'30"V1J, 150.02 feet to the
True Point of Beginning. and arntai�ing 7019 square feat more or less and as
shown on F�chibit `A' attached hereto and by reference made a part herepf.
Lease lOption Area 'E'
Commencing at the northerly mos4 comer of said Lot 1;
Thence along the northeasteriy line thereof, S32°45'30"E, 22b.40 feet to
the True Point of 8eginning;
Thence {Gourse A) leaving said northeasteriy line, S60°06'32°VI/, 49.95
feet to the southwesterly line of said Lat 1;
Thence atong said southwesterly line, S32°45'37°E, 10�01 feet;
Thence leaving said southwestedy fine and paraliel to Course A,
N60°06'32 49.95 feet to the northeasteriy line of said Cot 1;
Thence atOng said northeasterly line, N32°45'30'V1/, 10.01 feet to the True
Point of Beginning and containing 499 square feet more or less and as shown on
Exhibit 'A' attached hereto and ay reference made a p8rt hereof.
Prepared by.
END D�SCRIPTION
l� ��
Wiiliam R. Dyer, LS 5861, c. Exp. 9/30/11
Date: � z /
[y:1:It-Ii�➢
Gmi.rtcz £u:cm�yxs
OPTtON AREA'D'
A portian of Lot 1 of the Home Tract according to the map thereof recorded pecember
21, 1907 in Book i at Page 102 of Licensed Surveys in o�ce of the County Recortier, San Luis
Obispo County, State of Cal'rfomia and being more particularfy desuibed as follows:
Option Area 'D'
Commencing at the northedy most comer of saici Lot 1.;
Thence;along the northeastetiy line thereof, S32 170.46 feet to
the True Point of Begin�ing;
Thence continuing along said nartheas#erly line, S32°#5'30"E, 54.94 feeh
Thence Ieaving said rwrtheasterly line, SGO°06'32"V1l, 49.95 feet to the
southwesteAy Ilhe of said Lot 1;
Thence along saicf southwestetiy IEne, N32°45'39"1�V, 52,A3 fee�
Thence leaving said soukhwe5ferly line, N57 49:88 feet to the
nor#ieastedy line aE said Lot 1 to the T�ue PoiM af 8eginning and containing
2B78 square feet more ar Isss and as shown on Eichibit 'A' attached hereio and
by reference made a part here+of.
END DESICRIPTION
Prepared by:
� '� . ,r_--
Wrlliam R. Dyer, LS 5661 "c. Exp: 9/30/11
Date: / / 2 J
�XNIBIT `B'
Gnti yrez Losem }rt;�
EXHfBIT "�"
Restrictions, Leases, Liens, and other Encumbrances
A Deed of Trust to seeurean original indebtedness of $825,000.00 recorded January 31,
2005 as Instrument No. 2005-007854 of O�cial Records.
Dated: December 14, 2�04
Trustor. John P. Gutierrez and Maureen Theresa Delaney Gutierrez,
husband and wife, as Joint Tenants
Trustee: Chicago Titie Company, a Califomia corporation
Beneficiary: Mary Lee Baxter, Trustee of the "Baxter Family Survivor's Trust
�Y1� � �