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Home My WebLink AboutD-1865A Parcels 3,4,5 of PM SLO 09-0076 Recorded 07/06/2010RECORDIII'G REQUESTED BY FIRST AMERICA'S TITLE CO ReeeMing Requested by and when recorded return to: City of San Luis Obispo Department of Public Works 919 Palm Street San Luis Obispo, CA 93401 543-1321- L- I JULIE -ROD L-D- San Luis Obispo ty — Clerk/Recorder Recorded at;the request i First American Title Company IF 7/06/2010 8:26 AM D o c #: l 2010030948 Titles: 1 Pages: 5 Fees 26.00 Taxes 0.00 Others 0.00 PAID $26.00 COVENANT TO INSTALL PUBLIC IMPROVEMENTS UPON REQUEST OF CITY WHEREAS, the undersigned is the owner of certain real property located in the City of San Luis Obispo, State of California, which real property constitutes a portion of the project commonly known as Prefumo Creek Commons and is more particularly described below; and WHEREAS,. in accordance with a street plan approved by the Public Works Director for the City of San Luis Obispo ( "City"), the undersigned has installed (or will be installing) public improvements for street purposes within Froom Ranch Way adjacent to Prefu no Creek Commons; and WHEREAS, a widened version of these street improvements designed in accordance with current City standards is described in the Prefumo Creek Commons Public Improvement Plans ( "Approved PIP "), which plans have been approved by the City and are stored on file with the City Public Works Department; and WHEREAS, pursuant to City Resolution No. 10112 (2009 Series), the City has deferred the installation of the Approved PIP version of the Froom Ranch Way improvements (the "Deferred FRW Improvements ") until such time that the City requests that such work be performed by the undersigned in accordance with the approval and conditions defined in City Resolution No. 101.12 (2009 Series) and the Final ARC approval and conditions dated December 16, 2009 (collectively, the "Approvals and Conditions "); NOW THEREFORE, at such time in the future as the City delivers to the undersigned a written notice ( "Commencement Notice") which requests that the undersigned install the Deferred FRW Improvements in a manner and scope that is consistent with the Approvals and Conditions, the undersigned shall, within 180 days after receipt of the Commencement Notice, prepare the construction documents for the Deferred FRW Improvements and commence the installation of the Deferred FRW Improvements, and thereafter diligently pursue the installation of the Deferred FRW Improvements to completion, all without cost to the City (except as provided below). Notwithstanding any terms to the contrary herein, the undersigned's obligations hereunder shall not 1 LA:17757402..6 16b5 N include the design or construction of the future Froom Ranch Way bridge over Prefumo Creek, any extension of Froom Ranch Way beyond such bridge, or any modifications to the Deferred FRW Improvements which may be necessitated or caused by the design of the future Froom Ranch Way bridge, the design of any extension of Froom Ranch Way beyond such bridge, and/or any development impacts resulting from any future development projects which are unrelated to the current Pref imo Creek Commons project. Subject to the terms of the immediately preceding paragraph, the City shall have the right to request reasonable modifications to the Approved PIP which are consistent with the Approvals and Conditions and are the responsibility of the undersigned under the Approvals and Conditions (which modifications shall be limited to those affecting curbs, gutters, sidewalks, medians, landscaping, irrigation, street lights, bus turnouts, drainage improvements, and/or water quality treatment) (such modifications being referred to herein as "Permitted Modifications "); provided, however, if the total cost of designing and implementing all of the City's Permitted Modifications causes the total construction costs incurred hereunder by the undersigned to exceed the total construction costs that would have been incurred by the undersigned in the absence of such modifications (as reasonably determined by the undersigned), then the undersigned shall not be responsible for such excess costs and all of such excess costs shall be borne and paid for by the City. For illustrative purposes only, if at the time the Deferred FRW Improvements are installed it would cost (i) $150,000 to install the improvements in accordance with the Approved PIP, and (ii) $175,000 to install the improvements in accordance with the City's Permitted Modifications to the Approved PIP (with the $25,000 increase including, without limitation, both design modification costs and the increased construction costs resulting from such modifications), then the undersigned would pay $150,000 and the City would pay $25,000. Notwithstanding any terms to the contrary herein, the City's right to make Permitted Modifications to the Approved PIP shall not give the City the right to locate any portion of the Deferred FRW Improvements on the real property described below or give the City the right to appropriate, either permanently or temporarily, any portion of such real property in connection with the construction of such improvements. Said real property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: Parcels 3, 4, and 5 of Parcel Map SLO 09 -0076 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded :71 U (_0 in Book ��, Pages �_ through —7 of Parcel Maps in the office of the County Recorder of said County. This covenant shall run with the land and shall be binding upon the undersigned owner, its heirs, executors, administrators, and assigns. Notwithstanding any terms to the contrary herein, in the event that the undersigned or any successor -in- interest to the undersigned conveys all of its fee interest in the above - described real property prior to the City's delivery of a Commencement Notice, then such party shall, upon such conveyance, be fully, unconditionally and forever relieved of and released from all of its obligations, liabilities and responsibilities under this Covenant to Install Public Improvements upon Request of City. 2 LA: 17757402.6 • Dated this day of u Ve__ , 2010. Owner(s): Irish Bills Plaza East, LLC, a California limited Gab' it, company Clint Pearce, Vic President State of California } County of San Luis Obispo } On J%AWI 1-(1 , 2010, before me, _Sr.."'-" [ ' • a i WV , Notary Public, personally appeared [?,U t-3-T- who proved to & on the basis of satisfactory evidence to be the persons(sf whose named is are subscribed to the within instrument and acknowledged to me that (gshe /they executed the same inEuAer /their authorized capacityk< and that by(l)/her /their signatureVon the instrument the personK, or the entity upon behalf of which the person(4 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. Notary Public Capacity claimed by signer(s): I WIri�i111!! to ( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency ff. A, ao� ayalter, Public Works Director 'i r an Luis Obispo - City of San Luis Obispo Municipal Code Section 12.16.050) 3 LA:17757402.6 State of California } ' County of San Luis Obispo } i I On �� , 2010, before me, otary Public, personally appeared Jay D. Walter, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person 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 that the foregoing paragraph is true and correct. IQ TAMILLA J. HANSOM Comm ulon / 1701178 Witness my hand and official seal. Notary Pjbft - C Son Luis ON County Capacity claimed by signer: ( X ) political agency State of California 4 LA::17757402.6 GOVERNMENT-CODE 27361.7 I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS..AS FOLLOWS: ' � 1 NAME OF NOTARY: NAME OF COUNTY: S0.V1 lw I S O b i S pc� . DATE COMMISSION EXPIRES:. Z_= , COMMISSION NUMBER: r�Dcfnl FIRST AMERICAN TITLE -2 -10 DATE SAN LUIS OBISPO, CA END OF DOCUMENT