HomeMy WebLinkAbout2011-011686. ;
RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
City Clerk
City of Arroyo Grande
�-2?4 East Branch Street
Arroyo Grande. CA 934
JULIE RODEWALD
San Luis Obispo County — Clerk/Recorder
flecordetl al the request of
Public
AM
3/09/2011
4:33 PM
�oc�: 2011011686
I IIII IIIIIIIIIIIIIIIIII IIII
FOR R ECORDER'S I
Titles: 1 Pages: ]
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
ONLY
PUBLIC IMPROVEMENT FUNDING AGREEMENT
(NO RECORDING FEE -- EXEMPT)
This Public Improvement Funding Agreement ("AgreemenY') is entered into on
this 12 day of October 2010 by and beiween the City of Arroyo Grande (the "City") and
Nicholas J. Tompkins ("NJT"). The City and NJT are referred to throughout this
Agreement as "Party" and collectively as "Parties."
RECITALS
1. WHEREAS, City and NJT entered into an Amended and Restated
Agreement of Purchase and Sale and Improvement (the "Purchase and Sale
AgreemenY') on September 14, 2010, whereby the City agreed to sell and NJT agreed
to buy a portion of that certain real property located in Arroyo Grande, California,
commonly known as Assessor's Parcel Number 007-492-004 (the "Property"); and
2. WHEREAS, Section 3(a)(iv) of the Purchase and Sale Agreement
requires that the City, prior to the conveyance of the Property, legally divide the
Property into two legal and marketable parcels consisting of: (a) a parcel of land
improved by the existing Building Department building, parking lots, public restroom
facility and related improvements ("Parcel 1") and (b) a parcel of land improved solely
by the existing Public Works building and re�ated improvements ("Parcel 2"); and
3. WHEREAS, NJT plans to construct certain improvements on Parcel 1,
including a one-story commercial structure with store fronts on both East Branch and
Short Street (the "DevelopmenY'); and
4. WHEREAS, Section 2(d) of the Purchase and Sale Agreement requires
that the City modify and restrict Short Street between East Branch Street and Olohan
Alley (the "Short Property") to provide for one-way ingress; and
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5. WHEREAS, City approved Vesting Tentative Parcel Map No. 10-002 and
Conditional Use Permit No. 10-002, pursuant to Arroyo Grande City Council Resolution
No. 4302 for the proposed Development of Parcel 1, subject to a number of conditions
of approval (collectively "Conditions" and individually a"Condition"); and
6. WHEREAS, Pursuant to the Conditions, NJT is designing, funding and
constructing certain pub�ic improvements (the "Public Improvements") in connection with
and which have a direct nexus to the Development and its impacts, including, but not
limited to:
a. Condition No. 26. The existing 2" water line in the Short Street
right-of-way shall be relocated into the new paved street section and performed in
accordance with a cost sharing agreement prepared to the satisfaction of the City
Attorney.
b. Condition No. 27. A new 8" public sewer main shall be constructed
in Olohan Alley to serve proposed and existing buildings. The existing 4" sewer lateral
shall be abandoned in conformance with City standards.
c. Condition No. 44. The proposed relocated Short Street and related
improvements shall be constructed as shown on Sheet C2 of the applicanYs submittal in
accordance with the Agreement.
d. Condition No. 45. Install new concrete, curb, gutter and sidewalk
(of exposed aggregate with tile bands consistent with the Village streetscape) on the
proposed relocated and reconstructed Short Street project frontage as directed by the
Community Development Director and per the Agreement; and
7. WHEREAS, the purpose of this Agreement is to clearly define the rights
and obligations of the Parties regarding funding for the Public Improvements and to
ensure that the Public Improvements are constructed in accordance with the Conditions
of Approval, approved plans and specifications and all other applicable law.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound, it is
hereby agreed by and between the Parties as follows:
1. Recitals. The above recitals are true and correct and are incorporated into
this Agreement by this reference.
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2. Scooe of the Public Imarovements. NJT shall construct certain Public
Improvements in connection with its Development of Parcel 1 pursuant to the
Conditions, including, but not limited to, the reconstruction of Short Street and the
placement of a sewer line under Olohan Alley.
3. Specifications and Standards for the Public Imqrovements. NJT shall
construct the Public Improvements consistent with the Conditions of Approval, the
approved plans and specifications and all other applicable law.
4. Fundinq.
a. Short Street. City hereby agrees that it will pay NJT for the cost to
reconstruct Short Street, including utilities located therein, in accordance with the
requisite standards and specifications subject to the terms of this Agreement.
b. Sewer Line. City and NJT hereby agree that they will split the cost
(the City will pay one-half (1/2) and NJT will pay one-half (1/2)) to construct the sewer
line under Olohan Alley, subject to the terms of this Agreement.
c. Limitation. City shall contribute $160,328.30 to the cost to
construct the Public Improvements. NJT shall be solely responsible for any and all
costs associated with the Public improvements exceeding $160,328.30. Should
circumstances arise which change the cost to construct the Public Improvements, the
Parties agree to evaluate the nature of the changes and to equitably allocate costs
associated therewith.
5. Bindinq Effect. This Agreement shall, at all times, be binding upon the
City and NJT and their agents, successors and assigns.
6. Governinq Law and Venue. This Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California. The
Parties hereto agree that all actions or proceedings in connection with this Agreement
shall be tried and litigated in the Superior Court located in the County of San Luis
Obispo, State of California.
7. Attornevs' Fees. In the event of legal action to enforce the terms and
conditions of this Agreement, the prevailing party shall be entitled to recover its costs,
including reasonable attorney fees and costs.
8. Amendments. Amendments to this Agreement shall be in writing and shall
be made only with the mutual prior written approval of the Parties to this Agreement.
9. Entire Aqreement. This Agreement constitutes the entire agreement and
understanding of the Parties hereto and contains all representations between the
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Parties with respect to the subject matter hereof. Each Party has had the opportunity to
consult independent counsel of its own choosing. No Party in executing this Agreement
has relied upon any inducements, promises or representatio�is made by any other Party
or any representative of any other Party except as set forth in this Agreement. This
Agreement can only be modified by a writing signed by all Parties to this Agreement.
10. Severabilitv. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid in whole or in part for any reason, such illegal,
unenforceable, or invalid provision or part thereof shall be stricken from this Agreement,
and such provision shall not affect the legality, enforceability, or validity of the remainder
of the Agreement. If any provision or part thereof of this Agreement is stricken in
accordance with the provisions of this section, then such stricken provision shall be
replaced, to the extent possible, with a legal, enforceable, and valid provision that is as
similar in tenor to the stricken provision as is legally possible.
11. Counteraarts. This Agreement may be executed in any number of
counterparts each of which shall be deemed an original, and all of which shall constitute
one and the same agreement.
12. Waiver. No waiver by a Party of any provision of this Agreement shall be
considered a waiver of any other provision or any subsequent breach of the same of
any other provision.
SIGNATURES TO FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed on the day and year first written above:
CITY OF ARROYO GRANDE NJT
STE N AD S, City ager NICHOLA J. TOMPKINS
ATTEST:
4�
KELLY E ORE, Ciry Clerk
APPROVED AS TO FORM:
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TIM1A�THY J. CARMEL, City Attorney
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State of California
County of �OIM AA�tlS 'lJ�iS�
On 3�����
oa�a
personally appeared _
before me, _
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who proved to me on the basis of satisfactory evidence to
be the person(sj whose name(e) islare subscribed to the
within instrument and acknowiedged to me that
he/sLiw�SGiey� executed the same in his/perfH�eir authorized
capacity(i�, and that by his/Fierkheir signature(ej on the
instrument the person(ej, or the entity upon behalf of
which the person(sj 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 han a official seal.
Signature
Place NoWry Seal Above � rt a, o No�ary Pubw
OPT/ONAL
Though the information below is not required by law, it may prove valua6le to persons re ying on the document
and could prevent /raudulent remova/ and reattachment ol this form to another document.
Description of Attached Document
Title or Type of Document: U b�� C
Document Date: � �'�Z � �
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ST�.�h ttC�,N�,S
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner—� Limited ❑ General
❑ Attorney in Fact • �
❑ TfU5t00 Top of �humb here
❑ Guardian or Conservator
� Other: � [ �__ _�4/1�
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Signer Is Representing: �
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m¢n�- �-ved:
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner-0 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �e7`e. Lui� �,6� O
On � 07 before me, �
Date
personally appeared /
who proved to me on the basis of satisfactory evidence to
be the person(e}whose name(ej is/�e subscribed to the
within instrument and acknowledged to me that
hek.�hefthey executed the same in hi^'�ar authorized
capacity(+ee), and that by his/berkkeir signature(e) on the
instrument the person(ej; or the entity upon behalf of
which the person(s) acted, executed the instrument.
KIRY �. NORSON I certify under PENALTY OF PERJURY under the laws
Cpmmqtbn / 1729916
� � �� _ c � of the State of California that the foregoing paragraph is
ion ura Obbpo Coumy true and correct.
IAr OOIMn 6R7Yr M7r V� 2011
WITNESS my hand and official seal.
Signature n
Place Notary Seal Above SignaWre of Notary Public
OPTIONAL
Though the in�ormation 6elow is not required by law, it may prove valuable to persons relying on the document
and could prevent iraudulent removal and reattachment ol this lorm to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) OtherThan Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — � Limited ❑ r
❑ Attorney in Fact
❑ Trustee
❑ Guardian or i
❑ Other:
Representing:
RIGHTTHUMBPRINT
OF SIGNER
�
of Pages:
Signer's Name:
❑ Individual
❑ Corporate Otticer — Title(s): _
❑ Partner — O Limited ❑ General
❑ Attorneyin Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF $IGNER
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ENDOFDOCUMENT