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Home My WebLink AboutD2240 Certificate of Acceptance - Catch Basin Equipment Easment per Easement Agreement (Slack Street Sidewalk)l! .l RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 2@26@/00919 EIaina CanoSii l"j. obitpo - Countv Clerk-Recorder OLl12/2026 11:31 All Recorded at the request of 'PUBLIC Titles: 1 Fees: $@ . @0 Taxes: $0.00Total: $0.00 lill il\ Hllllfl ffi ril l{|il}fit}f ll ll I Pages: 21 l,lAR 0 6 2026 SLO CITY CLERK No fee pursuant to Govemment Code $ 6103 No Documentary Transfer Tax per R&T Code $ 11922 No Recording Fee per Government Code $ 27383 CERTIFICATE OF ACCEPTANCE BY THE CITY OF SAN LUIS OBISPO CATCH BASIN EQTIIPMENT EASEMENT PER EASEMENT AGREEMENT RECORDED December 17,2025 as DOCUMENTNO. 2025038756IN THE OFFICE OF THE COUNTY RECORDER OF SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA AS SHOWN ON ATTACHMENT 1 D a-\b CERTIFICATE OF ACCEPTAIICE CITY OF SAN LUIS OBISPO Stewart, Mayor THIS IS TO CERTIFY that the interest in real property as conveyed by EASEMENT AGREEMENT (SLACK STREET SIDEWALK), dated December 8,2025 California Polytechnic State University, San Luis Obispo to the City of San Luis Obispo, a municipal corporation, is hereby accepted by the undersigned oflicer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in volume 2604, official Records, Page 878, San Luis obispo county, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Q.c..rJn-J. e,o- 12oap\r,nn€-,t fl(o, zozS o38+ 6qW ATTEST: Teresa Purrington City Clerk TLR No. 2025-SLO-CMP-07 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Board of Trustees of the Califomia State University 401 Golden Shore,4th Floor Long Beach, CA 90802-4210 Attn: CPDC '2425438756 Elalna Cano San Luis Obispo - County Clerk-Recorder , TZllTlZOZS O2tOg Pn ' Reaordgd at ths rsqusst ofl i PUBLTC Titles: 1 PaEes: t7 Fees: $0,00Taxes: $0.o0rTotal: :to.oa I 1ilil pursuant to Califomia Government 27383. /The undersigned grantor deolares: Documentary Trursfer Tax dus $ 0.00 -X- Conpute{ on firlt value of proporrylonveyed, or _ Computed on firll value less liens rernaining at timo of sale . EASEMENT AGREEMENT TIIIS EASEMENT AGRE_EI\4ENT (this :'Eesement Asreeme4l") is entered into as oftogr.vtb,far.t , 2022, by and U"t*eer ffte nOenn OF TRUSTEES OF TIIE CALIFORNIA STATE UNIVERSITY, the State of Califomia acting in its higher education capacity, on behalf of California Polytechnic state university, San Luis obispo ("erag1gg"), and the cIrY oF sAN LUIS oBISPo, " "tffiil::ipat corporation (.Gssre'). A. Grantor is the owner of that certain real property commonly known as Califomia Polytechnic State University, San Luis Obispo, located at I Grand Ave, in the City of San Luis Obispo, San Luis Obispo County (the "County"), State of Califomia (the "grantor Propgrty"). B. Grantor is the State of California acting in its higher education capacity, and is generally exempt from local and iegional ordinances, regulations, policies, and rulis, including, without limitation, zoning and land use regulations, when its development, construction, facilities, and uses are in furtherance of its governmental'purpose, unless applicable law specifically says otherwise. Califomia Education Code section 66606. vests Grantor with "fu[ powir and responsibility in the construction and development of any state univenity carnpus; and any buildings or other facilities or improvements coinected with the California State Univenity." Califomia Education Code section 89031 vests Grantor with the ability to establish rules and regulations for the goveming and maintenance of the buildings and grounds of the Califomia State University. C. Grantor and Cal Poly Corporation, a Califomia nonprofitpublic benefit corporation ("Tennq!"), are parties to that certain Ground Lease dated October2g, 2024 (the "Ground Lease"), pusuant to which Tenant is developing a faculty and staff housing project consisting of for-sale residential units and related imFrovements (the ..pro.iect"). A Memorandum of Lease with respect -l-09/l7/2025 DOC #2025038756 Page 2.of 17 to the Ground Lease was recorded on November 12,2024 in the Official Records of the County as Document No. 2024-033332. D. In connection with the Project, Grantee approved and completed the vaoation of a portion of Slack Strcet to which Grantee possessed a right-of-way, but not fee title, interest, and which now forms a portion of the Project site, pursuant to Street Vacation No. STAB-0038-2024 (the "lEeet Vacation"). E. As a condition of the Street Vacation, Grantee has required that Grantor grant a non-exclusive easement (the "Easement") over a portion of the Grantor Property, which easement area is more fully described in Exhibit A and depicted on Exhibit B (the "Easemegl!1gg"), for purposes of installing, operating and maintaining certain.Catch Basin equipment, as specified in this Easement Agreement. F. Grantor herein grants the Easement in the Easement Area to Grantee, in accordance with and subject to ths tenrns of this Easement Agreement. G. Tenant, as ground lessee under the Ground Lease, acknowledges and consents to the granting of this easement and confirms that such easement does not conflict with or impair its rights or obligations under the Grourrd Lease. AGREEMENT NOW, THEREFORE, pursuant to Califomia Education Code Section 89048, and in consideration of the mutual covenants hercin contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantorand Grantee hereby agree as follows: l. Grant of Easement. Grantorhereby grants to Grantee a non-exclusive easement underand across the Easement Area forso long as the Easement Area is used continuously and exclusively for the purpose(s) of installing, operating, and maintaining catch basin and underground pre'drainage equipment. Grantee shall not use the Easement Area f;orany purpose that is not specifically allowed in this Easement Agreement, including any change or expansion of Grantee's use of the Easement Area, without mutual written agreetnent of both Grantee and Grantor pursuant to Section 13 of this Agreement. 2. IntentionallvOmitted. 3. Condition. Use.,and Maintenance of Easement Area. (a) As-Is Condition. Grantee has inspected the Easement Area and accepts it in its "As-Is" condition. Grantor makes no representations or warranties whatsoever underthis Easement Agreement or otherwise with respect to the physical condition of the Easement Area or the suitability of the Easement Area forthe uses permitted under this Easement Agreement. This Easement Agreement is subject to all existing contracts, leases, easements, encumbrances, and claims which may affect the Easement Area and nothing in this Easement Agreement shall be construed as a covenant against the existence of any such matters. -2-09/t7n02s DOC #2025038756 Page 3 of 17 @) Repair and Maintenance. Grantee shall repair and maintain the Easement Area together with any hnprovements now existing or hereinafter constructed or installed within the Easement Area by Grantee ('iGrantee Improvements") or associated with Grantee's use of the Easement Area, and shall keep the Easement Area and such improvements in a safe and well- maintained condition. The opemtion, repair and maintenance of the Fasement Area aud such improvements shall be at Grantee's sole cost and expense. (c) Construction oflmprovements and OtherWork Required Permits. Grantee acknowledges that construction or alteration of any improvements and any other work to be performed within the Easement Area, other than routine maintenance and emergency repairs, is subject to the prior written approval of. Grantor includ ing, if applicable, review and approval of proposed improvement plans, issudnce of any permits required fur conuection with such work, and inspection of any such work. Prior to commencing any work in the Easement Area, other than routine maintenance and emergency repairs, Grautee shall provide Grarrtor with no less than thirty (30) days' prior written notice along with written evidence that Grantee has obtained all permits and other approvals required in connection with such work. In performing any work hereunder, Grantee shall commence and diligently pursue the same to completion and shall maintain the portion of.the Easement Area where such work is being performed in a safe, debris-free condition. In the event of routine maintenance or emergency repairs, Grantee shall provide verbal and written notice to Grantor as timely as is reasonably possible. Grantee shall conduct all activities in the Easement Area in a safe, prudent, professional, and workmanlike manner. (d) Compliance with Laws. Grantee shall comply at Grantee's sole cost and expense, in its use of and activities within the Easement Area, with all applicable laws, statuteg ordinances, codes, rules, regulations, orders, and applioable judicial decisions or decrees, as presently existing and hereafter amended, including but not limited to all applicable regulatory, environmental and safety requirernents, of any fedeml, state, county, .city, local, or other govemmental or quasi-govemmental authority, entity or body (or any department, agency or other instrumentality thereof), exercising jurisdiction over the Easement Area, and to property and Persons on the Easement Area, includ ing those of Grantor that are applicable to the Easement Area. (e) No Interference with Grantor'.s Use. 'Grantee shall not materially or utueasonably interfere with the use by, and operation and activities of, Grantor on the Grantor Property, and Grantee shall use such routes and follow such procedures on Grantor's property so as to result in the least damage and inconvenience to Grantor's use and operation of and activities on the Grantor Property. (0 No Hazardous Substances. Grantee shbll not use, deposit,'release, orpermit the use, deposit, or release of any Hazardous Substances in the Easement Area or othenvise on the Grantor Property. For pulposes of this Easement Agreement, "Hazardous Substances" mealls any material or substance (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under Sections25l15, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control law); (ii) defined as a "hazardous substance" under Section 26316 of the Califomia Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a. "hazardous material," "hazardous substance" or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, -3-09il7/2025 DOC #2025038756 Page 4 of 17 Clrapter 6.95, "Hazardous Substance" under Section 25281 of the California Healtlr and Safety Code, Division 20, Chapter6.T (Underground Storage of Hazardous Substances); (iv) petroleum; (v) asbestos; (vi) polychlorinated biphenyls; (vii) listed under Article 9 or defined as "hazardous" or "extremely hazardous"pursuant to Article ll of Title 22 of the California Code,Division l, Chapter 20; (viii) designated as a "hazardous substance" pursuant to Section 311 of the Clean WaterAct,33U.S.C. $ 1251 etseq. (33U.S.C, $ l32l)orlistedpursuanttoSection30Tof the Clean Water Act (33 U.S.C. $ 6903); (ix) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental'Response, Compensation, and Liability Aot,42 U.S.C. $ 9601 et seq. (42 U.S.C. $ 9602); (x) defined as a "hazardous waste" pursuant to the Resource Conservation and Recovery Act. 42 U.S.C. $ 6901 et seq, (42 U.S.C. $ 6901); or (xi) designated as a "hazaldous substance" pursuant to the Toxic Substance Control Act (15 U.S.C. $ 2601 et seq.). (g) Damage to and Repair of Grantgr Propertv. Grantee shall bear all costs to repair any damage to any improvements now existing or hereinafter installed upon the Easement Area by Grantee or its successors to the extent such damage is caused by or attributable to (i) any construction, rnailrtenance, repail ol replacement and any other work by Grantee in connection with this Easement Agreemeut, (ii) any otheracts or omissions of Grantee or any of its contractors, agents, consultants, representatives, officers, employees, invitees, guests, or licensees (collectively, the "Grantee Parties,") or (iii) any exercise of the rights granted herein. Grantee shall promptly repair and restore, at its sole cost and expense, to its previously existing or better condition, any of Grantor's property or improvements, including, but not limited to, roads, utilities, and fences, that may be altered, damaged or destroyed in connection with Grantee's or any Grantee Party's exetcise of the Easement or use of the Easement Areajncludins without I desien. construction. maintenance. repair or reolacement ol improvements within the Easement Ares. 4. No Liens. Stop Pavment Notices, or Other Encumbrances. Grantee shall not directly or indirectly create, or permit to be created or remain, and will discharge promptly (not to exceed 30 days fiom demand by Grantor), any lien (including, without limitation, mechanic's liens), encumbrance, stop notice, or charge upon the Grantor Property, arising out of or in cotrnection with Grantee's or any Grautee Parties' activities relating to the Easement, including any activities performed by a contractor or service provid er authorized by Grantee to perform worl pursuant to Grantee's rights under the Easement. Grantee acknowledges and agrees that Grantor Property is public property that may not be liened or sold at public auction. 5. Indemnity. Grantee shall indernnify, defend and hold the State of California, Grantor, Tenant, and each of their respective trustees, auxiliaries, affiliates, officers, directors, empIoyees,lessees,agentS,invitees,andvolunteErs(collectively,the..hd,@'',) hannless from and against any and all losses, liabilities, damages, claims, demands, obligations, causes ofaction,proceedingso awards,fines,judgmentsnpenalties, orcosts andexpenses (including attomeys' fees and costs, court costs, aud other costs and fees of litigation as allowed by law) incurred or suffered by the Indemnified Parties (collectively, "Indemrrifie4 Claims") caused or claimed to be by, on account of, or arising directly or iudirectly from or out of (a) the exercise of the Easement or use or occupancy of the Easement Area by Grantee or any Grantee Parties, however occurring, (b) any breach by Grantee or any Grantee Parties of any of the terms, conditions or provisions in this Easement Agreement, (c) any acts, errors, omissions, negligence, -4-0yt712025 DOC #2025038756 Page 5 of 17 and/or willful misconduct of Grantee or any Gmntee Parties in the Easement Area or with respect to the Easement, (d) the injury or death of any persorr, or injury to property, of any kind, wlich injury or d eath arises out of or is attributable to the exercise of the Easement or use or occupancy of the Easement Arca by Grantee or any of the Grantee Parties, and/or (e) any release, deposig disoharge, emission, leaking, leaching, spilling, seeping, rnigrating, injecting, pumping, pouring, emptying,. escaping, dumping, d isposing or other movement of Hazardous Substances on, in, over, or under the Easement Area or the Grantor Propefty by Grantee or any Grantee Parties in connection with the use of the Easement. includine witho noaintenance. ren or thsGrgulee Pjfljgs, The foregoing iridernnification shall not apply to the extent that any such Indemnified Claims are solely and directly caused by the gross negligence or willful misconduct of any lndemnified Party. (a) Indemnification Procedures. Grantee shall be entitled to defend any lndemnified Claim through counsel of Grantee's choice, which counsel shall be subject to Grantor's prior written approval in its reasonable discretion. Notwithstanding the foregoing, (i) if Grantee shall failto promptly take all reasonable and appropriate action to defend any Indemnified Claim, then Grantor shall, within a reasonable tinre following notice from Grantor to Grantee alleging such failure, have the right promptly to retain counsel of Grantor's choice to carry out such defense,atCrantee's costand expense, (ii) in all cases Grantorshall be entitled toparticipate in the defense of any lndernnified Claim, and (iii) Grantee shall at all times during such defense consult with Grantor and keep Grantor fully informed of all material matters, and allow Gmntor to provide input on any strategic litigation decisions and/or positions. Grantee shall determine, with Grantor's rcasonable consent, whether to appeal, settle or compromise any Indemnified Claim. Underno circumstances shall Grantor or Grantee be required hereunder to disclose to one another h connection with an Indemnified Claim any information or materials in connection witlr an Indemnified Claim to the extent that the applicable pafty is precluded from disclosing the same due to confidentiality restrictions binding upon it or such information or materials arc protected by such party's attorney-client privilege and, with respect to Glantor, not otlrerwise subject to disclosure by Grantol under applicable law, 6. Assumption of Risks: Waiver of Liabilitv. Grantee agrees to assume all risk of loss by fire, flood, earthquake, theft, accid ent, or casualty of any kind , wlrich may affect the Easement Area, any improvements constructed or installed thereon by Grantee, Grantee's use of tlrc Easement, or exercise of the rights gmnted herein. Grantee waives all claims against Grantor and each of the Indernnified Parties for loss or darnage caused by, arising out of, or in any way connected with Grantee's use of the Easement or the exercise of tlre rights granted herein, except to the extent such loss or damage was caused by the active negligence or willful rnisconduct of Grantor or its employees or agents. 7. InsurgLcs. During the term of this Easement Agreement, Grautee shall, at its sole cost and expense, insure its activities in connection with this Easement Agreement and obtain, keep in force and maintain insurance as follows: (a) Commercial Form General Liability Insurance (contractual liability included) with minirnurn limits as follows: -5-09/t7 t2025 DOC #2025038756 Page 6 of 17 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $4,000,000 Personal and Advertising Injury $2,000,000 General Aggregate $4,000,000 . If the above insurance is written on a olaims-made form, it shall continue for five (5) years following termination of this Easement Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the date of this Easement Agreement. &) Business Automobile Liability lnsurance for owned, scheduled, non- owned, or hired automobiles with a combined single limit of not less than five million dollars ($5,000,000) per occuffence. (c) Property, Fire and Extended Coverage Insurance in an amount sufficient to reimburse Grantee for all of its equiprnent, trade fixtures, inventory, fixtures arrd othqr personal property located on the Easement Area including improvements hereinafter constructed or installed. (d) Workers' Compensation as rcquired by Califomia law and Employer's Professional Liability Insurance with coverage of not less than one million dollars ($1,000,000). (e) To the extent required by Grantor in connection with Grantor's approval of any work in the Easement Area pursuant to Section 3(c), (i) builder's risk insurance covering the full replacement cost of any uncornpleted improvements and (ii) Contractor's Pollution Liability insurance with limits as specified by Grantor, up to a maximum of not less than twomillion dollars ($ 2,000,000) per occunence and five million dollars ($ 5,000,000) aggregate. The coverages referred to under(a), (b), and (e)(ii) of this section shall name the Stateof Califomia, Grantor, and each of their respective trustees, auxiliaries, affiliates, officers, directors, employees, lessees, agents, invitees, and volunteers as additional insureds on a primary, non- contributing basis. Grantee shall ensure that each of its insurance policies required hereunder contain a waiver of subrogation end orsernent in favor of the State of Califomia, Grantor, and each of their respective tlustees, auxiliaries, affiliates, officers, directors, employees, lessees, agents, invitees, and volunteers, where available and pennitted by law. Insurers shall be.licensed by the Stateof Califomia to transact insurance dnd shall hold a current A.M. Best's rating of A-VII or better, or shall be a carrier othenvise reasonably acceptable to Grantor. Prior to first using the Easement Area, aud in connection with any insurance renewal, Grantee shall provide Grantor with certificates of insurance, copies of the applicable policy endorsements, and any other documents reasonably requested by Grantorevidencing compliance with the insurance requirements of this Easement Agreement. Certificates shall provide for thirty (30) days (ten (10) days for non- payment of premium) ad vance written notice to Grantor of any material mod ification, charrge or cancellation of any of the above insurance coverages. During the term of this Easement Agreement, Grantee shall supplement or replace such insurance, or provide other insurance, in such amounts as Grantor may rcasonably require from time to time. -6-09^7t202s DOC #2025038756 PageT of 17 Notwithstanding the foregoing, if Grantee maintains a program of self-insurance, suclr program shall be deemed to satisfy the requirements of this Section 7, provided that the protection afforded by such program is no less broad than the coverage and limits specified above. Prior to commencing ally use of the Easement, Grantee shall provide a letter, satisfactory to Grantor, confirming the existence and scope of such self-insurance and certifying that Grantee meets the applicable coverage requirements. lf at any time Grantee ceases to maintain such self-insurance, Grantee shall obtaiu and maintain commbrcial insurance in compliance with the requirements of this Section 7. The coverages required herein shall not limit the liability of Grantee. 8. Temporary Limitation or-r Access Rishts. Upon providing reasonable prior written notice to the other party (and, in the case of Grantee, after obtaining any required approvals from Granlor), Grantee and Grantor shall each have the right to temporarily olose or restrict access to the Easement Area as lnay be reasonably necessary in connection with the performance of any constructiotr, maintenance, repair and replacement of ilnprovements within the Easement Area or the Grantor Property that nray affect access to the Easement Area. g. Grantor's Reserygtion of Riehts.. Grantor leserves the right to use the Easement Area, including the surface and subsurface areas within the Easement Area, and all other portions of the Grantor Property and any improvements thereon, at any and all times for purposes that do not maderially intetfere with Grantee's pennitted use of the Easemgnt Area. Grantor reserves the right to gmnt easements, licenses and other privileges to any person or entity over, under, upon and with respect to any portion or all of the Easement Area and other portions of the Grantor Propefty, so long as such uses and/or improvements do not materially interfere (except for suclr temporary interference as is expressly pennitted under this Easement Agreernent) with Gmntee's permitted use of the Easement Area. 10. G-{antor's Rieht to Relocate. Grantormay relocate the Easernent Area if, in the opinion of Grantor, it unrEasonably interferes with the present or future use by Grairtor of the Grantor Property. Any such relocation shall be at Grantor's sole cost and expense. Grantor shall provide to Grantee a substitute Easement Area reasonably suited to Grantee's needs, on the same terms and conditions provided herein, at no cost to Grantee. Within 180 days after Grantor's written notice and demand for removal and relocation of any.improvements located in the Easement Area, Grantee shall remove and relocate the improvements to the identified substitute Easement Area, and Grantee thereupon shall reconvey to Grantor the Easement herein granted. 11. Taxes. Grantee alone shall pay all taxes, charges or use fee(s) levied by any govemmental agency against Gmntee's interest in theEasement Area, oragainst any ofthe Gmntor Property solely as a result of the Easement herein granted. . 12. Default: Grantor's Right to Self l-Ielp. If Grantee fails to comply with this Easement Agreetnent or petfonn any of its obligations herein, Grantor shall give Grantee written notice setting fofth such failure in reasonable detail, and Grarrtee must, within fifteen (15) business days afterreceiving such notice, cornply with this Easement Agreement perfonn the obligation or duty required. Grantee's failure to comply with this Easement Agreement or fulfill its obligation or duty within such fifteen (15) business day period shall constitute a default by Grantee undbr this -7-09^1t202s DOC #2025038756 Page 8 of 17 Easement Agreement; provided, however, if the failure is of a nature that it cannot reasonably be cured within such fifteen (15) business day period and Grantee commences to cure within such period and diligently prosecutes such cure to completion withirr forty-five (45) days, then such default shall be deemed cured. If a Grantee default occurs, Grantor shall have all rights available both.at law and in equity, and through ifs authorized agent.or agents, shall also have the right to self-perform such obligation or duty, and Grantee shall be liable for the costs of such work and shall promptly reimburse Grantor for such cost, Any reimbursement not made within thirty (30) days after notice thereof from the Grantor is received by Grantee, shall bear, and Grantee shall be obligated to pay, interest at the annual interest rate often percent (10%o) per annum on the amount of the reirnbursement from the due date thereof, together with all actual, docurnented costs ard expellses of collectiorr, including reasonable attomey's fees and court costs. - 13. .Modification. Amendment and Tennination. Except as provided herein, this Easement Agreemeut may be arlended, rnodified, tenninated or cancelled, in whole or in part, only by writtenagreement ofGrantee and Grantor. No such amendment, modification, termination or cancellation shall be effective unless a written instrument Setting forth its terms has been executed, acknowledged and recorded by the parties in the official records of the County. Notwithstanding the foregoing, Grarrtor shall be entitled to terminate this Easement Agreement without Grantee'S consent if (a) Grantee is in default under this Easement Agreement following the notice and cure period specific above, or (b) Grantee fails to use or ceases usirrg the Easernent Area for the purposes allowed hereunder for a continuous period of twenty-four Q4) months.. Upon any termination of this Easement Agreement, the Easemerit and any and all interest in the Easement Area granted by the Easement Agreement shall autornatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. Notwithstandingthe foregoing, upon any termination ofthis Easement Agreement, upon Grantor's request, Gmtrtee shall, at Grantee's sole cost and expense, promptly execute a quitclaim deed and such other instruments as Grantor shall require evidencing such termination. On demand by Grantor, upon any termination of this Easement Agreement, Grantee shall ppmptly remove any and all improvements it installed in, on, underorabove theEasement Area and restore thepremises as nearly as possible to the same condition they were in prior to the execution of this Easement Agreement. At the option of Grantor, if any such improvements are not removed and the premises are not restored, Grantor may either rcmove the hnprovements and restore the premises and charge Grantee for the reasonable costs of such removal and restoration, or all such irnprovements shall become the property of Grantor at no cost to Grantor. Grantee's obligations under Sections 3(e), 4, and 5 hereof shall survive any tennination of this Easement Agreement. 14. Notices. Any notice, request, demand, instruction or other cornmunication to be given by either party under this Easement Agreement must be in writing and by registered or certified mail or nationally recognized ovemight courier as follows: Gmntor The Board of Trustees of the California State University 401 Golden Shore,.4ih Floor Long Beach, CA 90802-4210 Attn: Assistant Vice Chancellor, Capital Planning, Design &. Construction -8-09lt7 12025 DOC #2025038756 Page 9 of 17 with copies to The California State University Office of General Counsel 401 Golden Shore Long Beach, CA 90802-4210 Attn: University Counsel, California Polytechnic State University, San Luis Obispo And to:California Polytechnic State University, San Luis Obispo 1 Grand Ave, San Luis Obispo, CA,93407 Attn: Vice President, Facilities Management and Development Grantee:City of San Luis Obispo 990 Pahn Street San Luis Obispo, CA 93401 Attn: Public Works Director Notice is deemed to be given upon receipt or refusal of delivery by the applicable addressee. The addrcsses and addressees for the purposes of this Section may be changed by giving written notice of such change in a manner provided herein for giving notice. However, until such written notice is actually received, the last address and addressee for such addressee continues in effect for all purposes hereunder. 15. Not a Public Dedication. Nothing herein shall be deemed a dedication of the Easement Area or any portion of the Grantor Property to or for the benefit of the general public whatsoever, it being the intention of the parties hefeto that the Easement shall be strictly limited to and for the purposes herein expressed. 16. No Assisnment bv Grantee. Grantee shall not voluntarily or by operation of law assign, transfero license, or otherwise transferall or any part of its rights, duties, or interests h: this Easement Agreement without Grarrtor's prior written consent, which may be gmnted or withlreld in Grantor's sole discretion. Any attemptto make an assignment in violation of this provision shall be null and void. 17, Miscellaneous, (a) This Easement Agreement shall be construed in accordance with the laws of the State of Califomia, @) This Easement Agreement rnay be executed in one or more counterparts, eachof whichshall bedeemedanorigilral,'butall of whichtogethershall constituteoneandthe same instrument. -9-09il7t202s DOC #2025038756 Page 10 of 17 (c) This Easement Agreelnent shall run with the land and shall bind and inure to the benefit of the parties and their respective successors and permitted assigns, except as restricted by this Easement Agreement. (d) This Easement Agreement contains the entire understandingof the parties and supersedes any and all other written or oral understanding with respect to the subject matter hereof. (e) The headings and captions of the paragraphs of this Easement Agreement are forconvenience and reference only. and in no way define, describe or limit the scope or intent of this Easement Agreement or any of the provisions hereof. (f) If any provision of this Easement Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidatirrg the remainder of such provision or any remaining provision of this Easement Agreement. (g) The failure of either party hereto to exercise any right, power or remedy provided under this Easement Agreement or otlrenvise available in respect hereof at law or in equity, orto insist upon compliance by the otherparty hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exeroise any such or other right, power or remedy or to demand such compliance. ft) The parties hereto agree that the rule of contract construction that ambiguities are to be construed against the drafter shall not apply to this Easement Agreement and that this Easement Agreement ihall Ue interpreted as though prepared by both parties. (D There are no third-party beneficiaries to this Easement Agreement. [Signatures on Following PageJ -10-091t7/20?5 DOC #2025038756 Page 1 { o'f 17 IN WITNESS.WHEREOF, the parties hereto have caused this Easement Agreement to be duly executed as of the date first written above. GRANTOR:THE BOARD OF TRUSTEES OF THE CALIFORNIA STA UNIVERSITY GRANTEE: ACKNOWLEDGED: TENANT: ,TABy profit Name: P^r.-4".s t-t|€ Title: Assistant Vice Chancellor, Capital Planning, Design and Construction CITY OF SAN LUIS OBISPO, a Califomia corporation By: Name: Title: CAL POLY CORPORATION, a California non- "*+ By: publlgfQnefi t corporation( t4,- Name: Title:o -l l-091t7/2025 DOC #2025038756 Page 12of 17 A notary public or otherofficer completing this certilicate verifics only thc identity of the individual who sigred the document to which this certificate is attached, and not the truthfulness, accuracy! or validity of that document. State of Califomia County of L.O g fungrl't-s ] on N\wvnWr 2{ 2L6*or"tna'(- 6s,lr,.-a Notary Public, personally appeared 'Va who proved to me on the basis of satisfactory evidenceto 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 hisArer/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 PERruRY under the laws of the State of Califomia that the foregohrg paragraph is true and con'ect. WITNESS my hand and official seal. Signature REGIXA R. COSTON ilotily Pubtlc . C.liforni. Lor Angelet County Commlttlon , 240757.| Jul !, 2026tty Comln. A ota ry pu b Iic or oth EI officor com pleting rh ts ocrtifica tc verifies only th c identity o f the indiv idua who signcd the docum ent to rvh ich this ccrlifica to ls atta and not the truthfulncss,accura cy or va o f that docrim cnt, State of Califomia County.of Sant-r.rtS 6br3fo on Dzg.lrub?.f S,to't-!, before rn", Errra $rfnAaj , a Notary public, personally appeared ' 7n Co,. A, Stat*tvh , who proved to me on the 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 irr his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the furstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERruRY under the laws of the State of Califomia that the foregoing paragraph is true and corect WITNESS my hand and officialseal. Signature ffi",*ruT,;'ffi*t -12-091t7t2025 DOC #202503tzsg Page 13 of 17 CALIFORNIA ALL.PURPOSE ACK]IOWLEDGMENT crvtl GoDE s 1189 A notary publlc or other officer completing this certificate verifies only the identity of the lndividual who signed the document to which this certificate is attached,.and not the truthfulness, accuracyt or validity of that document. State of California County of -dLaL+'tF abtbPn On /&/before me,al'r=A:/ Pr'(q. r1a-fa1-, fubltL Date personally appeared Name(s) of Signe(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/herltheir authorized capaci\t(ies), and that by hiVher/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 PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph ls true and correct. WITNESS my hand and official seal.L4 Signature ^lf Signature of Notary Public Place Notary Seal Above OPTIONAL Though thris section is optional, completing thls lnformation can deter alteratlon of the document or fraudulent reattachment of thls form to an unlntended documeht. Description of Attached Document ' Title or Type of Document: Document Date:Number of Pages: Signe(s) Other Than Named Above: Gapacity(ies) Glaimed by Signer(s) Signer's Name:Signer's Name: flCorporate Otficer - Title(s):! Gorporate Officer - Title(s): Here Insert Name and Title of the Officer IPartner - DLimited IGeneral tr lndividual ! Attorney in Fact n Trustee n Guardian or'Conservator flOther: I Paftner - tr Limited E General! lndividual n Attorney in Fact E Trustee . ! Guardian or Conservator tr Other: Signer ls Representing:Signer ls Representing: CINDY PILG llot ry Publlc. Glitornla srn Luls 0blsDo Countv commission * 25r558i Comm. Explres t&r 26, 2029 @2016 National Notary Association . www.NationalNotary.org . 1 -800-US NOTARY (1-800-876-6827) ltem #5907 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA fto be added or attachedJ DOC #2025038756 Page 14 of 17 -l 3-09il7 t2025 DOC #2025038756 Page 15 of 17 E)ilIIBITA LEGALDESCRIPTION That portion of Slaok Steet as strown on the map filed in Book 102 of Records of Survey at Pages 55 through 60, inclusive, in the Office of the County Recorder, County of San Llris Obispo, State of Califomia, dessribed as fodws: Commencing at a point on the northerly right-of-way line of Slack Steet as shown on said Record of Survgy, North 87'57'13" West a distance of 756,92 feot from the easterly terminus of the course shown as N87o57'34"W 1496.07' of the said northerly right-of-way line of Slack Street; thence, Leaving said northerty right-of-way line South 2oO2'47" West a distance of 27.52 feet to the Point of Beginning; thence, South 2o0247" West a distance of 12.53 feet; tlence, South 88o50'33" West a distance of 20.03 feet; thence, North 2o02'47" East a distance of 13,70 feet; thencg South 87o47'57" East a distance of 20.00 feet to the.PointofBeginning. The land described is shown graphically on Exhibit B. 4-su* 09t05t2025 Ltc. No.7561 E ' EXHIBIT B DEPICTION OF DASEMENT AREA [to be added or attached] DOC #2025038756 Page 16 of 17 -14-09n7n025 uc. 1{c).7561 4-su,* 0910s1202s SCA[.E: l'' = l(D0$rm& GRAPHICSCALE DXHIBITB LECIALDEFICIION GRANDAVE. DOC #2025038756 Page 17 of 17 IINE OF SLACK STREI ro2lRs/stro PER rmlns/s+o sEG Zit TJO$ RIE III.II slttslw FOUND SPIKE AND TAG 'u 70d8' PER t02/RS/5Sd0 I I I I DETAIL SQ[E:l"E3O l!lLte, HlzU5u, a .A16 6e.Fct &,ItlE- R.q 166 =--t aatf\p 6= b.da=; ab ilrOro EAITEMENTAREA N(llr02'1.i!E sEF$t!3'W s87t4/57E flIX'' srf0?47wn.. Is02.tl2'4i"W I POIMOF I ffm design 9rouP ENOOFDOCUMEM