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.
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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
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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
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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
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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)
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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.
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EXHIBIT B
Park Depiction
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San Luis Ranch — Park Access License
(04-19-2019)
1-1
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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