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Home My WebLink About03-10-2016 Indemnification Agreement Affecting Real Property and Bill of Sale - Quiky Car Wash WellINDEMNIFICATION AGREEMENT AFFECTING REAL PROPERTY AND BILL OF SALE (Quiky Car Wash Well) FOR VALUABLE CONSIDERATION RECEIVED, BE IT KNOWN that, upon recordation of the executed Quitclaim Deed in the form attached hereto as Exhibit "1 ", the City of San Luis Obispo, a chartered municipal corporation ( "City ") hereby sells, transfers, conveys and assigns forever to ARH Quiky Investments, LLC, a California limited liability company ( "Quiky ") and Quiky's transferees, grantees, assigns and successors in interest, all of City's right, title and interest in and to the underground waterline, building, vault, concrete pad and well and any other related equipment, improvements or personal property attached thereto situated in the location depicted in Exhibit B to the Quitclaim Deed ( "Transferred Property "). Quiky acknowledges and agrees that City snakes no representation or warranty whatsoever, express or implied, as to the quality of water underlying the property, the sufficiency of the well or the condition of the Transferred Property and Quiky accepts the Transferred Property on an "AS -IS, WHERE IS, WITH ALL FAULTS" basis. Quiky, and its transferees, grantees, assigns and successors in interest, agree to indemnify, defend and hold City harmless from and against, any and all losses, damages, costs and expenses (including, without limitation, reasonable legal fees and costs) arising out of or incurred with respect to any claims, demands, causes of action of any nature, any expense incident to defense, for injury to or death of persons or loss of or damage to property, including any alleged damages or liability resulting from the pumping and drawing of water from the above - described well, occurring subsequent to the execution of this Bill of Sale resulting from the use, operdtion or maintenance by Quiky, or its officers, agents, employees, transferees, grantees and successors in interest of the Transferred Property. Quiky acknowledges and agrees that its obligation to indemnify, defend and hold harmless City as set forth herein is a covenant that shall run with the land described in said Quitclaim Deed and shall be binding on Quiky's transferees, grantees, assigns and successors in interest. Quiky and City agree that upon recordation of the Quitclaim Deed a Memorandum of Agreement substantially in the fore attached hereto as Exhibit 112" shall be recorded in the Official Records of San Luis Obispo County. Quiky shall pay for all recording fees, if any. 1 MAIRC.H 2,016 Signed l City of San Luis Obisl)o By: (��--- J V Mayor Attest: Pri c,c, ;, Interim City C'lcre Approved as to Form: Dietrick, City Attorney ARH Quik eve ents, LLC B: Its: MANACIER EXHIBIT 661" Form Olttitclaim Deed with Attachments RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: ARH Quiky Investments, LLC c/o Westpac Investments 835 Aerovista Place Suite 230 San Luis Obispo, CA 93405 DOCUMENTARY TRANSFER $ SPACE ABOVE THIS LINE FOR RECORDER'S USE O Computed on the consideration or value of property conveyed; OR O Computed on the consideration or value less liens or encumbrances O remaining at time of sale. Signature of Declarant or Agent determining tax - Finn Name - 053- 151 -036 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION City of San Luis Obispo, a chartered municipal corporation, hereby QUITCLAIMS, GRANTS, and CONVEYS to ARH Quiky Investments, LLC, a California limited liability company, Any and all rights, title and interests of record or arising by prescription, in and to the underground waterline, building, vault, concrete pad and well and any other related equipment, improvements or personal property attached thereto, including the right to draw water from the above - described well, situated in the location described in Exhibit "A" and depicted in Exhibit "B" attached hereto. Dated: .20 City of San Luis Obispo, a municipal corporation, MAIL TAX STATEMENTS TO: Same address as shown above Exhibit A LOT 8 OF TRACT 347, FREEWAY CENTER, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, AS PER MAP RECORDED MARCH 3, 1967 IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT 66 OF THE RANCHO CANADA DE LOS OSOS AND LA LAGUNA THAT WOULD PASS BY OPERATION OF LAW AS VACATED BY RESOLUTION RECORDED JUNE 4, 1986 AS INSTRUMENT NO. 86 -32837 IN BOOK 2840, PAGE 740 OF OFFICIAL RECORDS. Exhibit B GRAPHIC SCALE ./ 0 20 40 B0 (IN FEET) ,r I � •P ool 01 r 4 r — C1 0 Cl r APPROXIMATE LOCATION / O Q \ OF UNDERGROUND WATER LINE -- BUILDING •ZP VAULT -- ABOVE GROUND PIPING CONCRETE PAD AND WELL DETAIL A" I..101 EXHIBIT "B" QUIKY CAR WASH EXHIBIT T ° °x su.cii WELL SITE SHEET 1 OF 1 OF EXHIBIT "B" Il Job w.: 17314M no�uiu w• �"un o WALE: M&M Exhibit 2 Memorandum of Agreement RECORDING REQUESTED BY. and WHEN RECORDED MAIL TO: ARH Quiky Investments, LLC c/o Westpac Investments 835 Aerovista Place Suite 230 San Luis Obispo, CA 93405 053- 151 -036 MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (this "Memorandum ") is made and entered into this day of , 2016 by and between the City of San Luis Obispo, ("City ") and ARH Quiky Investments, LLC ( "Quiky "). Notice is hereby given that the City and Quiky entered into an Indemnification Agreement Affecting Real Property and Bill of Sale dated 2015 ( "Agreement "), which is a covenant that runs with the land described herein below and is binding on Quiky's transferees, grantees, assigns and successors in interest. Real Property: LOT 8 OF TRACT 347, FREEWAY CENTER, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, AS PER MAP RECORDED MARCH 3, 1967 IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT 66 OF THE RANCHO CANADA DE LOS OSOS AND LA LAGUNA THAT WOULD PASS BY OPERATION OF LAW AS VACATED BY RESOLUTION RECORDED JUNE 4, 1986 AS INSTRUMENT NO. 86 -32837 IN BOOK 2840, PAGE 740 OF OFFICIAL RECORDS. The terms and conditions of the Agreement is incorporated herein by this reference. Should any party require information concerning said Agreement, they should contact City or Quiky at the following addresses: City of San Luis Obispo ARH Quiky Investments, LLC 990 Palm Street c/o Westpac Investments San Luis Obispo, CA 93401 835 Aerovista Place Suite 230 San Luis Obispo, CA 93405 z IN WITNESS WHEREOF, the parties hereto have executed this Memorandum on the day and year first above written. City_of ;San Luis Obispo ARH Quiky Investments, LLC Jan Marx, Mayor Attest: Jon Ansolabehere, Interim City Clerk Approved as to Form: Christine Dietrick, City Attorney n. Its-