HomeMy WebLinkAboutD-1562 053-231-026 - 3621, 3641, 3661, 3681 Sacramento Drive Recorded 11/05/19977 _
0
RECORDING REQUESTED BY:
J. J. Parsons
AND WHEN RECORDED MAIL TO:
City Clerk
990 Palm St.
San Luis Obispo, Ca. 93401
: 053 - 231 -026
- . -,- 0 --
'Doc No: 1997- 062964
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Nov 05, 1997
Time: 08:00
5]
Rpt No: 00080122
,RF -1 19.00
,TOTAL 19.00
AGREEMENT TO PARTICIPATE IN AND NOT OPPOSE FORMATION OF AN ASSESSMENT
DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF ROAD IMPROVEMENTS
4)
THIS AGREEMENT is made and entered into this Seventh day of October,
1997, by and between J. J. Parsons hereinafter collectively referred to as
"Applicant ", and the City of San Luis Obispo, a political subdivision of the
State of California, hereinafter referred to as "City ".
WITNESSETH
WHEREAS, Applicant is the record owner of real property situated in the
City of San Luis Obispo, State of California, hereinafter referred to as the
"subject property", which is more particularly described as follows:
"Tract Number 1714 in the City of San Luis Obispo, A.K.A.
3621, 3641, 3661, and 3681, Sacramento Dr, San. Luis Obispo, Ca.", and
WHEREAS, on August 24, 1989, pursuant to An application for a
Development Plan filed by the Applicant, the San Luis Obispo County Planning
Commission duly approved Development Plan D880384D authorizing development of
the subject property under Title 22 of the San Luis Obispo County Code; and
WHEREAS, a condition precedent to the approval of said Development Plan
(condition 14) requires that the Applicant enter into an agreement with the
County, on behalf of himself and his successors in interest, to waive his
right to protest the establishment of an assessment district for the
construction of road improvements in connection therewith in the area set
forth in paragraph 1 of this agreement; and
WHEREAS, the subject property has been subsequently annexed to the- - ty
of San Luis Obispo; and Z
WHEREAS, execution of this agreement by Applicant and City, and
subsequent performance of its obligations by Applicant and his successors in
interest will satisfy the requirement imposed by the County Planning
Commission as a condition of approval of said Development Plan.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1.. Construction of improvements. Applicant agrees to participate at
a future date, by bearing his proportionate cost under assessment district or
other proceedings lawfully providing therefor, in the construction and
installation of road improvements in connection therewith, upon demand. by
City, when said public improvements are to be constructed and installed for
the Orcutt Road Southern Pacific Railroad (Now Union Pacific Railroad) Grade
Separation.
2. Formation of assessment district. Upon demand by City, Applicant
will participate in, and will not oppose, the formation of an assessment
district or other proceedings for the construction and installation of the
public improvements described in paragraph 1 above within the Area.
3. Waiver of right of protest. Applicant agrees, on behalf of himself
and his successors in interest, to waive the right'to file or present any
oral or written protest against the establishment of an assessment district
or other proceedings by the City to construct and install the public
improvements described in paragraph 1 above within the Area.
4. Agreement runs with the land. This agreement shall run with the
subject property described above and shall be binding upon the Applicant and
all his assigns and successors in interest.
5. Indemnification. The Applicant, and his successors in interest,
shall defend, indemnify and save harmless the City of San Luis Obispo, its,
A
officers, agents and employees from any and all claims, demands, damages,
costs, expenses, or liability occasioned by the performance or attempted
performance of the provision hereof, or in any way arising out of £hip
agreement, including, but. not Limited to, inverse condemnation, equitable
relief, or any wrongful act or any negligent act or omission to act on part
of the Applicant or of agents, employees, or independent contractors directly
responsible to the Applicant; providing further that the foregoing shall
apply to any wrongful acts, or any actively or passively negligent acts or
omissions to act, committed jointly or concurrently by the Applicant, the
Applicant's agents, employees, or independent contractors and the City, its
agents, employees, or independent contractors. Nothing contained in the
foregoing indemnity provisions shall be construed to require the Applicant to
indemnify the City against any responsibility or liability in contravention
of Section 2782 of the Civil Code.
6. Effect of waiver. City's waiver of breach of any one term,
Covenant, or other provision of this agreement, is not a waiver of breach of
any other term, nor subsequent breach.of the term or provision waived.
7. Notices. Unless otherwise provided, all notices herein required
shall be in writing, and delivered in person or sent by United States first
class mail, postage prepaid. Notices required to be given to City shall be
addressed as follows: City Clerk, City of San Luis Obispo, 990 Palm Street,
San Luis Obispo, California 93401. Notices required to be given to Applicant
shall be addressed as follows: J. J. Parsons, 3641 Sacramento Drive Suite
16, San Luis Obispo, California 934.01.
Provided that any party may change such address by notice in writing to
the other party and thereafter notices shall be addressed and transmitted to
the new address..
8. Validity of other agreements. This agreement is in addition to,
and does not supercede, any other agreement or agreements entered into by and
between the parties hereto.
.. 9. Invalidity. If any term, covenant, condition or provision of this
agreement is held by a court of competent jurisdiction to be invalid, void or
unenforceable, the remainder of the provision hereof shall remain. in full`
force and effect and shall in no way be affected, impaired, or invalidated
thereby.
10. Agreement to be recorded. Applicant and City intend and consent
to the recordation of this agreement in the office of the County Recorder of
the County of San Luis Obispo.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement as
of the day and year first above written.
i
J. J. Parsons, Applicant
CITY OF SAN LUIS OBIS
Allen K. S
nri'ie L. Gawf
1y; m .Cow "onr Assistant City Clerk
-
�l. � /��PP•R� TO .FORM:
toVhey/,/ Jeff rey G. Jorgensen
AMERIC,
4 � `l
}
STATE OF CALIFORNIA 6� }
COUNTY OF Jam-, u� v> }
On Q / ,before me, d" —j - 'O"f"), ,
personally appeared
" , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the personXwhose nameV is /are -
subscribed to the within instrument and acknowledged to me that hef-� executed the same
in his /he#ftir authorized capacity(-ies}; and that by his /heftieir signatureXon the instrument the
personXor the entity upon behalf of which the person,( acted, executed the instrument.
WITNESS my hand and official seal.
Si nature
Title of Document
Date of Document
Other signatures not acknowledged
CORA G. POLuCK
• COMM. #1128725
CA • —a t Notary Public-California
y� t. San Luis Obispo County
My Comm. Exp. Mar. 5, 2001
(This area for official notarial seal)
No. of Pages
3008 (1/94) (General)
First American Title Insurance Company
EM OF Mr-HI PNT