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HomeMy WebLinkAboutD-2148 Park Access License - San Luis RanchV 2020049555 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RECEIVED OCI 2 3. 2020 5LO CITY CLE Tommyon Gg San Luis on -County Clerk -Recorder 09/14/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 10 Fees: $0.00 Taxes: 0.00 Total: 0.00 11119 NXIMIMP, NMI II PTN FRMR APN: 067-121-022 Space Above This Line for Recorder's Use NO RECORDING FEE — PUBLIC AGENCY — Government Code § 6103 PARK ACCESS LICENSE RECITAL MI SAN LUIS RANCH, LLC, a Delaware limited liability company ("San Luis Ranch"), being the owner of the real property in the County of San Luis Obispo as described on attached Exhibit "A" ("Property"), hereby grants a license ("License") to the City of San Luis Obispo, a municipal corporation and charter city in the State of California ("City"), and its invitees ("Invitees") to enter on to the Property for the sole purpose of recreational activities on the park as depicted on attached Exhibit "B" ("Park"), upon the terms and conditions herein set forth. AGREEMENT l . This License shall allow the City and its Invitees the right of ingress to and egress from the Property as reasonably necessary for the City and its Invitees to access the Park. 2. The Park is the sole property of San Luis Ranch Homeowners Association. 3. The City shall exercise reasonable care to avoid any damage to the Property and/or the Park, and the City shall at its expense, perform any repair and/or restoration work that may be required as a result of any damage caused by the City's and its Invitees' access to the Property and Park pursuant to this License. All activities performed under this License shall comply with all applicable City, County, State and Federal laws, regulations, ordinances and rules (collectively the "Applicable Laws"). 4. The City and its Invitees shall at all times follow any and all of San Luis Ranch's rules and requirements to assure that their exercise of this License presents minimal impacts on San Luis Ranch's use, enjoyment, and development of the Property. Page 1 San Luis Ranch — Park Access License (04-19-20191 19- 2 t0,06 5. All recreational activities on the Park by the City and its Invitees shall occur between the hours of 9:00 a.m. and 9:00 p.m. 6. This right of access under this License does not include any right in favor of the City to store equipment, materials, supplies, or any personal property whatsoever at the Property or the Park. All such actions are expressly prohibited under this License. 7. Prior any entry onto the Property and/or the Park under this License: (i) City shall provide to San Luis Ranch a certificate establishing that the City is insured with commercial general liability insurance in the amount of at not less than Two Million Dollars ($1,000,000.00) aggregate limit, naming San Luis Ranch as an additional insured and with cross -liability endorsement. Such insurance shall be primary and not contributory. 8. The City shall indemnify, hold harmless and defend San Luis Ranch from and against any claims, damages, mechanic's liens, and costs and expenses, including attorney's fees and court costs, arising out of any injury, death or damage to any person or property resulting from the City or its Invitees entry onto the Property and performing any activity under the terms of this License. 9. Any notice, consent or approval required or permitted to be given under this License shall be in writing and shall be deemed to have been given upon receipt. Notices shall be addressed as follows unless a party has been notified by the other of a change of address: If to City: Michael Codron Community Development Department 919 Palm Street San Luis Obispo, CA 93401 With Copy to: J. Christine Dietrick City Attorney 990 Palm Street San Luis Obispo, CA 93401 If to MI San Luis Ranch, LLC: MI San Luis Ranch, LLC c/o Coastal Community Builders, Inc. 330 James Way, Suite 270 Pismo Beach, CA 93449 Page 2 San Luis Ranch — Park Access License (04-19-2019� With Copy to: 10. This License constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings between the parties relating to the Park. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 151'*CQ01-f o 1P 5!Wt, , 20".a0 CITY: CITY OF SAN LUIS OBISPO k�l- idi Harmoti, ayor APPROVED AS TO FORM: SAN LUIS RANCH: MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: A 3-4w- Donald R. Faye Its: Authorized Agent Page 3 San Luis Ranch — Park Access License (04-19-2019) [A CKNOWLEDCEMENTS A TTACHED. J Page 4 San Luis Ranch — Park Access License (04-19-20191 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ''b;t7;t�;;:.}!I•:�,-.-�'4i;•.o..' '[ :k1: t0'•s1; r�xie+ '.g•56: y.. t o-;+•: .)�•`:�a: +•t=s�: •t? t ,,, : �,3r-dS^1•;3'rE S� +,. r��aitr�S�.{f4##,...- Hiv-t-.S4?[-.�i�=9t�'iz>;iz�:-.o.�].rrr:�..�.,ts1�s.......;ofSv..7?Sf?..5�;�'•}?=i#:�ii�i•Yip§Div'r:iu34'iS:;�.,;f�;1S'"r�:•3:a:?"Hi:t:::Ny A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of `%b D\rj On l O before me, �� • ��r i 1 [* NC��C.c� Date Here Insert Name and Title of the Officer personally appeared 1 ; � � 1_ LW.-'C V%-0 r Name(s) of Signer(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 he/she/they executed the same in his/her/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. *my KEVIN R. CHRISTIAN Notary Publie CafitarniaSan Luis Obispo CountyCommission 9 230253:202 Comm. Expires Aug 22,3 Place Notary Seal and/or Stamp Above 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 le,�I� Signature of Notary Public A'1TrA\r A I Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu ent Title or Type of Document: Document Date: C� [ L lI z o Z ) It — Number of Pages: Signer(s) Other Than Named Above:.- Qbv` \ Capacity(ies) Cla7\&\ d by Signers) Signer's Name: �....aV0%, .Z Corporate Officer Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name:av-sh�� ^ca ❑ Corporate Officer - Title(s): . ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guard an or Co servator -Other: w •� Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of . 7_ --)�� On l,. ��U before me, tJa.,7 h� >��-�i /►i�'h�c;rp�/ �Cs�Jl6G Date Here Insert Name and Title of the Officer personally appeared 0/1 47 Name(s) of Signer(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 he/she/they executed the same in his/her/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 PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANINEFREI WITNESS m hand and official seal. Notary Public - California Z y San Diego County > w Commission k 2205527 My Comm. Expires Jul16,2021 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doa ent Title or Type of Docu ent: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Number of Pages: �� 4" Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBITS Exhibit A (Property Legal Description) Exhibit B (Park Depiction) Page 5 San Luis Ranch — Park Access License (04-19-2019/ EXHIBIT A PROPERTY LEGAL DESCRIPTION Lot 4 of Tract 3096 recorded on 9 / 1 * , 20A0 in Book 14D of Maps, Pages 17 through 4J'3, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Page 6 Sail Luis Ranch — Park Access License (04-19-2019) EXHIBIT B Park Depiction Page 7 San Luis Ranch — Park Access License (04-19-2019) 1-1 Im Pwmbd� 1 BIORETENTION PING PONG TABLE CORNHOLE AREA BIKE RACKS SPORT COURT /1 PICNIC TABLES & SHADE STRUCTURE PLAY EQUIPMENT AREA /1 UNDERGROUND RETENTION STORAGE AREA a 50 100 SAN LUIS RANCH LOT 4 — PARK CITY OF SAN LUIS OBISPO, CALIFORNIA 1 INCH = 50 FEET DRAW By CHECKED BY SCALE DATE JRP SJR 1�=50' 9 END OF DOCUMENT