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HomeMy WebLinkAboutD-2152 Temporary Access License - San Luis Ranch1A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 9340 RECEIVED O C T 2 3 2020 LO CITY CLEL�K APN'S: (San Luis Ranch Property) 067-121-022 (City Farm Property) 053-152-006; 007; 008 and 009 NO RECORDING FEE — PUBLIC AGENCY — Government Code § 6103 Tommy Gong San Luis Obispo - County Clerk -Recorder 09/14/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 17 Fees: $0.00 Taxes: $$0.00 Total: $0.00 1111191FROVIN,aaffflllll Space Above This Line for Recorder's Use TEMPORARY ACCESS LICENSE This TEMPORARY ACCESS LICENSE ("Agreement") is made and entered this 5crt day of JaAu, 2019 ("Effective Date") by and between the City of San Luis Obispo, a municipal corporation a d charter city ("City"), and MI San Luis Ranch, LLC, a Delaware limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property located at 1035 Madonna Road, San Luis Obispo, California, APN: 067-121-022 (the "San Luis Ranch Property") as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; WHEREAS, Developer has obtained various entitlements from City, including, but not limited to, a Specific Plan, Development Agreement, and Vesting Tentative Tract Map to develop up to 580 residential units and approximately 250,000 square feet of commercial development oil the San Luis Ranch Property as more particularly set forth in City Resolution No. 10822; 2017 Series, (the "Project"); WHEREAS, City is the owner of certain real property located off Calle Joaquin, San Luis Obispo, commonly referred to as the "City Farm," Assessor Parcel Nos. 053-152-006; 007; 008; and, 009 (the "City Farm Property") and more particularly described in Exhibit "B"; WHEREAS, the City Farm Property is currently subject to leases and subleases, in favor of various tenants and subtenants who are hereby collectively referred to herein as "Tenants"; WHEREAS, City desires to obtain Developer's permission for the City and the Tenants to enter onto a portion of the San Luis Ranch Property, on a temporary basis, in order to access the City Farm Property for the sole purpose of providing reasonable vehicular ingress and egress to the City Farm Property for purposes of conducting agricultural operations on the City Farm Property; and, TcaiporLiry Access License (01-25-2019) Page 1 0-21SZ WHEREAS, Developer desires to obtain City's permission to enter onto a portion of the City Farm Property, on a temporary basis, to provide reasonable vehicular ingress and egress to and from the San Luis Ranch Property for Project construction and for conducting agricultural operations on the San Luis Ranch Property. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of License. Developer hereby grants to City, and City hereby accepts, a license to enter upon that portion of the San Luis Ranch Property a sl own as the Shared Farm Ac ess Easement on Lot 10 on the map of Tract 3096 recorded on 4i , 20AO in Book of Maps, Pages 1 through, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California for the sole purpose of the City and Tenants' reasonable two-way vehicular ingress and egress to the City Farm Property for purposes of conducting agricultural operations on the City Farm Property; in exchange, City hereby grants Developer, and Developer hereby accepts, a license to enter upon that portion of the City Farm Property as described on Exhibit "C" and depicted on Exhibit "D" for reasonable one-way ingress only to facilitate construction mobilization and mass grading operations on the Project site and reasonable two-way vehicular ingress and egress for purposes of conducting agricultural operations on the San Luis Ranch Property (collectively the "Access Road"). 2. Use of Access Road. City, for itself and its Tenants, hereby acknowledges that their use of the Access Road is limited to the City's and Tenants' officials, officers, employees, agents, and contractors solely for purposes of conducting agricultural operations on the City Farm Property. The Access Road shall not be used by the City, the Tenants or any other persons in connection with any educational, marketing or similar events on the City Farm Property. City and Developer agree to work cooperatively to restrict access to the Access Road to the parties identified in this Agreement, and to prevent third party encroachments on the Access Road. In addition to any requirements or mitigation measures for the Project, Developer agrees to take reasonable steps to limit construction traffic on the Access Road to speeds of ' no more than 10 miles per hour. Developer shall post signage along the Access Road and will instruct all contractors and delivery companies of this limitation. 3. Responsibility for Installation and Maintenance of Access Road. Developer shall, at its sole cost and expense, design and install an all-weather surface along the entirety of the Access Road prior to commencement of Project construction on the San Luis Ranch Property. During the Project's construction, Developer shall, at its sole cost and expense, maintain the Access Road in good condition so that it is accessible in all weather and free of potholes, large cracks, or any other material defects. Maintenance of the Access Road shall include the repair of all damage caused by ordinary use, the occurrence of natural events and acts of God. 4. Responsibility for Repair of Other Dafnage to Access Road. Each party shall be solely responsible for the cost of repair of any damage to the Access Road which is caused by that party Page 2 Temporary Access License (01-2j-2019) or that party's tenants, contractors, agents, guests, licensees, or invitees and which is above and beyond normal wear and tear occasioned by ordinary use. 5. Indemnification. a. City agrees to indemnify, protect, and hold harmless Developer, and its successors in interest from and against any and all claims, liabilities, costs, expenses, damages, and/or injuries and death, including, but not limited to attorney's fees and costs, arising out of or related to the City's and/or Tenants' use of the Access Road and entry onto San Luis Ranch Property; provided, however, that City's duty to indemnify, protect and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the Developer, its agents, guests or invitees. The obligations set forth in this paragraph shall survive termination of this Agreement. b. Developer agrees to indemnify, protect, and hold harmless City, and its Tenants, officials, officers, employees, agents, guests and invitees from and against any and all claims, liabilities, costs, expenses, damages, and/or injuries and death, including, but not limited to attorney's fees and costs, arising out of or related to Developers' use of the Access Road and entry onto City Farm Property; provided, however, that Developer's duty to indemnify, protect and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the City, its Tenants, officials, officers, employees, agents, guests or invitees. The obligations set forth in this paragraph shall survive termination of this Agreement. 6. Insurance. a. During the term of this Agreement, City shall maintain commercial general liability insurance covering liability for personal injury, death or property damage in the minimum amount of $1,000,000 per occurrence. Developer shall be named as an additional insured under said policy for the term of this Agreement. Developer acknowledges that City's general liability insurance is through Ca1JPIA, a pooled insurance provider. b. During the term of this Agreement, Developer shall maintain commercial general liability insurance covering liability for personal injury, death or property damage in the minimum amount of $1,000,000 per occurrence. City shall be named as an additional insured under said policy for the term of this Agreement. During the term of this Agreement, Developer shall maintain Automobile Liability Insurance for bodily injury and property damage with limits of liability of not less than $1,000,000 each accident. Developer shall require each contractor or subcontractor who uses the Access Road for Project construction purposes to maintain similar insurance coverage with the same minimum limits. Page 3 Temporal-y Access License (01-25-2M�) c. Upon reasonable request, City and Developer shall provide one another with proof of insurance as required herein. 7. Term. This Agreement shall commence on the Effective Date and shall remain in full force and effect until the Project construction on the San Luis Ranch Property is complete or use of the Access Road is no longer necessary to access the San Luis Ranch Property for Project construction purposes as evidenced by Developer's delivery to City of a written "Notice of Termination of License Agreement," at which time this Agreement shall automatically terminate and be replaced by the Permanent Access Easement executed between City and Developer and recorded concurrently herewith in the Official Records of San Luis Obispo County, California. 8. Termination. If City or Developer default in the performance of any terms or provisions of this Agreement, and if the non -defaulting party gives the defaulting party written notice of such default, and if the defaulting party fails to cure such default within thirty (30) days after receipt of such notice, or if the default is of such a character as to require more than thirty (30) days to cure, and then, if the defaulting party fails to use reasonable diligence in curing such default, then either: a. The non -defaulting party may cure such default for the account of and at the cost and expense of the defaulting party, and the reasonable sums so expended by the non - defaulting party shall be payable by the defaulting party on demand; or b. The non -defaulting party may elect to terminate this Agreement by written notice directed to the defaulting party, and the defaulting patty's rights under this Agreetrrent shall be immediately terminated. Such termination however shall have no force or effect as to the rights of the non -defaulting party under this Agreement. 9. Termination Due to Abandonment. Commencing six (6) months after the Effective Date, this Agreement shall automatically terminate should Developer fail to maintain any building and/or grading permits for any Project improvements for any twelve (12) consecutive month period, provided City provides thirty (30) days written notice to Developer of such failure, and Developer fails to obtain or renew such permit during said thirty (30) day period following notice. 10. Not a Real Property Interest. It is expressly understood that this Agreement does not in any way grant or convey any permanent easement, lease, fee or other interests. 11. Not a Perpetual Easement. It is expressly understood that this Agreement does not in any way grant or convey a perpetual easement. 12. Binding on Successors. This Agreement shall be binding upon each of the undersigned parties and their successors in interest until terminated as herein provided. 13. Amendment. This Agreement may only be modified by an instrument in writing signed by all of parties and recorded in the office of the County Recorder of the County of San Luis Obispo, California. Page 4 Temporary Access License (01-25-2019) 14. Governing Law. This Agreement shall be governed in all respects by the laws of the State of California. In any action or proceeding connected with this Agreement, the parties consent to the jurisdiction and venue of the Superior Court of the State of California, County of San Luis Obispo, California. 15. Judicial Reference. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions regarding this agreement shall be heard by a referee who shall be a retired judge from either the San Luis Obispo County Superior Court, the California Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Developer and City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If the parties are unable to agree on a referee within ten (10) days of a written request to do so by either Party hereto, either Party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally between the parties involved in the dispute. Any referee selected pursuant to this Section 15 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. Notwithstanding the provisions of this Section 14, any Party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement, or to enjoin another party from an asserted breach thereof, pending the selection of a referee as provided in this Section 15, on a showing that the moving party would otherwise suffer irreparable harm. Upon the mutual agreement by the parties involved in the dispute, any legal action shall be first be submitted to mediation in accordance with rules to be mutually agreed upon by the parties. 16. Attorney's Fees. Should any of the parties be required to engage counsel for the purposes of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or referenced proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights and obligations with reference to the provisions hereof, by defending any action or proceeding instituted in violation hereof, or for seeking any other judicial or referenced remedy, then if said matter is settled by judicial or referenced determination, the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for reasonable attorneys' fees and costs actually incurred by the prevailing party. 17. Authorization. The parties to this Agreement represent to each other that each has the full right and authority to enter into this Agreement. 18. Counterparts. This Agreement may be executed in one or more counterparts each of which shall be an original, and will become effective and binding upon the parties at such time as all the signatories hereto have signed the counterpart of this Agreement. 19. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing Page 5 Temporary Access License (01-2i-2019) is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: 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 Developer: Gary Grossman MI San Luis Ranch, LLC c/o Coastal Community Builders, Inc. 330 James Way, Suite 270 Pismo Beach, CA 93449 With Copy to: Steven Spierer Spiererl WoodwardICorbalis (Goldberg 707 Torrance Boulevard, Suite 200 Redondo Beach, CA 90277-3400 Following ten (10) days' prior written notice, each party shall have the right to change its address to any other address. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date. [Signatures on following page.] Page 6 Temporary Access License (01-75-2019) CITY: CITY OF SAN LUIS OBISPO APPROVED AS TO FORM: 1 . , Temporary Access License (01-25-2019) DEVELOPER: MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: MI Entitlements IV, LLC A Delaware limited liability company Its: Manager By: Presidio Merced Land IV Passive, LLC A Delaware limited liability company Its: Co -Manager By: Michael Sy Ivan Its Authorized Representative Its: GGCCB, LLC A California limited liability company Co -Manager [ACKNOWLEDGEMENTS ATTACHED. ] Page 7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Rs[yy`L�.]���7�7��s/tWC���Yi[WLT'�u'f LRAL AY�fj�Z �t•irZ;�: S�i:�5.i�5Y2 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 Oti T! 1 0 J} Onbefore me,L Date Here Insert Name and Title of the Offfce personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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. •' °f • KEVIN R. CHRISTIA14 Notary public • California San Luis Obispo County T� Commission Y 2302534 My Corm. Expires Aug 22, 2023 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 ie- Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -C>= ,_ � �c�S S �-- � C- Document Date: ��, C,,—, "1�"D D \ Number of Pages: Signer(s) Other Than Named Ab ve: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — TPtle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LYOther: ..-u-.t�w�k��r Signer is Represeneiing: ©2018 National Notary Association Signer's Name: A'y'\: �� S v\ \\\13Ck ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Con en{ator "ther: �'�� QLD•reSc vr:Jt— Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �(4�tah�i3�ti4[i�.Fii4:.75�ii:iSi��'e3fY4�14}S;iRc�?:I?4YikYi':i��44�r,C`rid:4kSA'i;:i'r}S3}.�1�if4£sdYiv$�#Yii€F��i�F4`3r h`�4iF#S�k:?4:3�}.#i2�i'�i��D�'f�}!JS�f3E�tiiSGit�fi�iiSkS�F�2;��?S#�f3fk� 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 --Sa jA f�.5 06 5 P __POn dV before me, c�keL/� ` Date' Here Insert Name and Atle of the Offi er personally appeared 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/thelr 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. SHERI F, KASTRAVA Notary Public - California !ty� Z San Luis Obispo County ~ Commission N 2263811 My Comm. Expires Oct 12, 2022 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 5 Sign ture of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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 of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT 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 truth- fulness, accuracy, or validity of that document. State of _ County of Minnesota Hennepin On 2/14/19 before me, Amy Sundell, Notary Public (insert name and title of the officer) personally appeared Michael M. Sullivan 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing para- graph is true and correct. WITNESS my hand and official seal. Signature (Seal) AMY SUNDELL NOTARY PUBLIC r [. MINNESOTA CmMlasinn Expires January 91, 2020 REMINDER TO ATTACH CITY FARM SIGNED CONSENT Page 8 Temporary Access License (01-25-2019) EXHIBIT "A" SAN LUIS RANCH PROPERTY APN: 067-121-022 N V N N Q N ma -17 O '0 - zp v EXHIBIT "B" CITY FARM PROPERTY APN: 053-152-006 053-152-007 053-152-008 053-152-009 FA lU dCm 4 V) V, m V, En ; s� m H N C ;v g ;a Eg p D Nv gA f w i' -Qo • m N N q iN O V) aa� R qZD C I"NN D Q [f) 11 :all E I � 167-242 a' w �i I I I I I I I I I I I I d I N27°46'24"E_ 45.55' a w E CAVE JOAQUIN "'� o 0 < N r` o Cp 1 N0sf,� Ojq NO. 7690 * EXP. 12-31-18 ez;nnon s W ,N L0 m 6 co W ,N L0 0 �J N34°28'59"E 85.59' N27°46'24'E 306.42' N62°13'36"W 30.00' S5-'24'5.3 40-00' 30.28' S27°46'24"W 387.30' J BEGINNING U.S. HWY. 101 EXHIBIT C PARCEL MAP SLO 04-0615 o Iuo 20o CITY FARM ACCESS EASEMENT CITY OF SAN LUIS OBISPO, CALIFORNIA 1 INCH = 100 FEET DRAWN BY CHECKED BY SCALE DATE JRP SJR 1" a 1a0, 1R/24/16 EXHIBIT "D" ACCESS EASEMENT CITY FARM PROPERTY ALL OF THAT REAL PROPERTY SITUATE IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF LOT 5 AS SAID LOT IS SHOWN ON PARCEL MAP SLO 04-0615 RECORDED NOVEMBER 8, 2006 IN BOOK 67 OF PARCEL MAPS AT PAGES 68 THROUGH 70, INCLUSIVE, IN THE OFFICE OF THE CLERK -RECORDER OF SAID COUNTY OF SAN LUIS OBISPO, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5 AT A POINT ON THE WESTERLY RIGHT OF WAY OF U.S. HIGHWAY 101, SAID CORNER BEING THE SOUTHEASTERLY CORNER OF THAT PROPERTY SHOWN ON THE RECORD OF SURVEY RECORDED JUNE 3, 1998 IN BOOK 76 OF LICENSED SURVEYS AT PAGE 89 IN SAID RECORDER'S OFFICE, THENCE ALONG THE EASTERLY LINE OF SAID LOT 5, BEING THE WESTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 101 SOUTH 270 46' 24" WEST 387.30 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF CALLE JOAQUIN, AS SAID PUBLIC ROAD IS SHOWN ON THE HEREINABOVE DESCRIBED PARCEL MAP; THENCE ALONG THE LINE COMMON TO SAID LOT 5 AND SAID CALLE JOAQUIN RIGHT OF WAY NORTH 620 13' 36" WEST 40.00 FEET; THENCE LEAVING SAID COMMON LINE NORTH 340 28' 59" EAST 85.59 FEET TO A POINT ON A LINE 30.00 FEET WESTERLY OF, AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5; THENCE ALONG A LINE 30.00 FEET WESTERLY OF, AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 NORTH 270 46' 24" EAST 306.42 FEET TO A POINT ON THE LINE COMMON TO SAID LOT 5 AND THAT PROPERTY SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID COMMON LINE SOUTH 540 24' 53" EAST 30.28 FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION, CONTAINING 12,106 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION. ANCS��"NRD�E�Rf NO.7690V� EX '<'-�OF CA 11-2-18 END OF DOCUMENT