HomeMy WebLinkAboutD-2093 Garden Street SLO Partners-APN: 002-424-022RECORDING REQUSTED BY:
MIST AHERICA.N TITLE COMPANY
RECORDING REQI i�,,%, tm 131', AND
WHEN RECORDED, RETURN TO:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
RECEIVED
SLO CITY CLERK
2018015992
Tommy Gong
San Luis Obispo — County Clerk—Recorder
04/28/2018 08:02 AM
Recorded at the request of:
FIRST AMERICAN TITLE COMPANY
Titles: 1 Pages: 12
Fees: $0.00
Taxes: 0.00
Total: 0.00
I I I 1 9 9R,A!
(Space above this line for Recorder's use only)
The undersigned declares that the Documentary Transfer Tax
is $ 0.00 , based on:
[ ] Full value of property [ ] Grantor's unencumbered equity
[ ] Value less than $100 [X] No beneficial ownership change
Assessor's Parcel Number(s): 002-424-022
BROAD STREET PUBLIC PEDESTRIAN ACCESS EASEMENT AGREEMENT
This BROAD STREET PUBLIC PEDESTRIAN ACCESS EASEMENT AGREE�VIENT (the
"Easement Agreement") is made and entered into, dated For reference purposes as of April , 2018, and
effective as of the "Effective Date" set forth in Section 8.8, below, by and between THE CITY OF SAN
LUIS OBISPO, a municipal corporation and charter city ("City"), and GARDEN STREET SLO
PARTNERS, L.P., a California limited partnership ("Developer") with reference to the following facts:
RECITALS:
A. Pursuant to that certain Ground Lease (the "Ground Lease") approved by the City Council
on July 21, 2015, by and between City and Developer, Developer is the ground lessee of the real property
commonly identified as Assessor's Parcel No. 002-424-022, which is situated in the City of San Luis
Obispo, County of San Luis Obispo, State of California (the "Ground Leased Property") as described in
Exhibit A.
B. City is the fee owner and ground lessor of the Ground Leased Property.
C. Developer is the owner of that certain real property and improvements thereon located in
the City of San Luis Obispo, County of San Luis Obispo, State of California, the legal description of which
is attached hereto as Exhibit B (the "Developer Properly").
D. Developer is seeking to construct and use certain improvements to the Developer Property
and other adjacent property owned by Developer (the "Project") and has applied to the City for all
governmentally required approvals and permits to construct and thereafter utilize the Project, including,
without limitation, a subdivision map and a building permit.
E. The City has conditioned the finalizing of a subdivision map and building permit to
Developer for construction of the Project upon the City's creation and grant of a public pedestrian access
easement running generally from Broad Street to the northeast, as more completely described in Exhibit C
(the "Easement Area") and upon Developer's entering into this Agreement to join with the City in creating
and granting such easement.
F. The parties hereto have agreed to execute this Agreement in order to establish the new Broad
Street Public Pedestrian Access Easement described herein, and to memorialize their agreements regarding
the cost of maintaining and repairing the Easement.
AGREEMENTS:
Now, THEREFORE, the parties hereto, intending to be legally bound, do hereby agree as follows:
1. RECITALS. The foregoing recitals are true and correct and incorporated herein by reference
2. GRANT. On the terms and subject to the conditions set forth in this Agreement, City and Developer
hereby grant to and for the benefit of the public, a nonexclusive public pedestrian access easement (the
"Easement") on, over, through, and across Easement Area that is described in Exhibit C hereto for a period
of time ending on the later to occur of (a) the expiration of the term and any extension term of Ground
Lease, (b) the termination of the Ground Lease, or (c) the termination of this Easement Agreement by the
City, as provided in Section 8.1 below.
3. PURPOSE. The Easement is granted in order to provide an access pathway for pedestrian ingress
and egress from Broad Street to the northeast, into a portion of the Project, and the Easement Area may
only be used by the public for such pedestrian ingress and egress.
4. COVENANTS OF DEVELOPER.
4.1 USE. From and after completion of its construction of the Project until the expiration or
earlier termination of the Ground Lease, Developer shall maintain and use the Ground Leased Property and
the Developer Property in such a way as to not unreasonably interfere with the normal and customary
pedestrian access, ingress and egress by pedestrians utilizing the Easement. Prior to its completion of
construction of the Project, Developer shall have the right to block public access to the Easement Area to
assure the safety of the public during construction.
4.2 MAINTENANCE. Prior to the expiration or earlier termination of the Ground Lease,
Developer at its sole cost and expense shall maintain the Easement Area in a safe, clean, orderly and
reasonably attractive manner, and shall keep the surface and wall areas in good repair and condition (normal
wear and tear excepted).
4.3 TAXES. Prior to the expiration or earlier termination of the Ground Lease, Developer shall
pay the property taxes, if any, for the Easement Area.
5. INSURANCE. Prior to the expiration or earlier termination of the Ground Lease, Developer
covenants and agrees to name the City as an additional insured on all commercial general liability and
public liability policies maintained by Developer with respect to the Easement Area.
6. INDEMNIFICATION. Prior to the expiration or earlier termination of the Ground Lease, Developer
shall indemnify, defend and hold harmless City from and against all claims, costs, expenses, damages,
obligations, and liabilities arising from, connected with or related to injuries to any person, the death of any
person, and the damage or destruction of any property that arises from, is connected with or is related to
the use, maintenance or lack of maintenance of the Easement Area and the Easement granted herein.
7. RESERVATION BY DEVELOPER AND CITY. Developer and City, respectively, each reserves all of
its rights of ownership in and to the Easement Area which are not inconsistent with the Easement and the
Ground Lease, including, without limitation, the right to grant further easements on, over or across the
Easement Area.
8. MISCELLANEOUS
8.1 ENTIRE AGREEMENT; AMENDMENTS; TERMINATION. This Agreement contains the
entire agreement between the parties hereto concerning the grant of. the Easement over the Easement
Area. This Agreement may not be modified or amended or terminated, except (a) by a written instrument
that is both (i) executed and acknowledged by all of the parties hereto, and (ii) recorded in the Official
Records of San Luis Obispo County or (b) at any time after the expiration or termination of the Ground
Lease, by the City acting unilaterally without any consent whatsoever required of Developer or its
successors or assigns, which the City may do by filing a written notice of the City's modification,
amendment or termination in the Official Records of San Luis Obispo County .
8.2 BINDING EFFECT. This Agreement shall run with the land with respect to the Easement
Area, and shall inure to the benefit of and be binding upon each party hereto, as well as its respective
grantees, tenants, successors, and assigns until it expires or is terminated by its own terms. Any purchaser
or ground lessee of the Ground Leased Property or any portion thereof, by acceptance of a deed or lease or
assignment of lease therefor, whether from any party hereto or any subsequent owner of real property, or
by the signing of a contract or agreement to purchase or lease the same, shall, by acceptance of such deed,
lease or assignment of lease, or by the signing of any such contract or agreement, be deemed to have
consented to and accepted the covenants, conditions, restrictions, and limitations set forth in this
Agreement.
8.3 ATTORNEYS' FEES. If any action is commenced to construe or enforce the terms and
conditions of this Agreement or the rights or duties created hereunder, then the party prevailing in that
action shall be entitled to recover its attorneys' fees in that action, as well as the costs and fees of enforcing
any judgment entered therein.
8.4 SEVERABILITY. If at any time any provision of this Agreement is or becomes illegal,
invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or
enforceability of the remaining provisions hereof nor the legality, validity, or enforceability of such
provision under the law of any other jurisdiction will in any way be affected or impaired thereby, and the
remainder of the provisions of this Agreement will remain in full force and effect.
8.5 GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the internal laws of the State of California, without regard to the conflict of laws principles thereunder.
8.6 RELATIONSHIP OF PARTIES. The parties hereto expressly understand and agree that
Developer and City are acting hereunder as ground lessee and ground lessor, respectively, in granting the
Easement and neither party will be the partner, joint venturer, fiduciary, or agent of the other, and under no
circumstances will the personnel of one party be deemed employees of the other party for any purpose.
Neither party has the power or authority as agent, employee or in any other capacity to represent, act for,
bind or otherwise create or assume any obligation on behalf of the other party for any purpose whatsoever.
8.7 WAIVER AND MODIFICATIONS. All waivers must be in writing executed by the party to
be bound. Any waiver of or failure to enforce a provision of this Agreement on one occasion will not be
deemed a waiver of any other provision or such provision on any other occasion.
8.8 EFFECTIVE DATE. The effective date of this Agreement (the "Effective Date") shall be
the date on which it is recorded in the Official Records of San Luis Obispo County, California.
IN WITNESS WHEREOF, the parties hereto have executed this Broad Street Public Pedestrian Access
Easement Agreement, effective as of the Effective Date set forth in Section 8.8, above.
"DEVELOPER:"
GARDEN STREET SLO PARTNERS,
L.P., a California limited partnership
By: DOWNTOWN INVESTORS, LLC, a
California limited liability company,
its General Partner
By
Fla mi Mar ail, Manager
ate
"CITY:"
THE CITY OF SAN LUIS OBISPO, a
municipal corporation and charter city
/� /—k I ��J, �-. -
By
H 'di FI rmon, Mayor
uthority pursuant to the above
referenced "Ground Lease"
Date
EXHIBIT A
LEGAL DESCRIPTION
Ground Leased Property
Parcels 1, 2, 3 and 7 of Parcel Map SLO 17-0099 in the City of San Luis Obispo, County of San Luis
Obispo, State of California, as shown on the map filed for record on t &i3 2018, in Book
Yd of Parcel Maps at Page-'_ 3G5- , et seq., in the Official Records of tie said County.
EXHIBIT B
LEGAL DESCRIPTION
Developer Property
APNs: 002-424-016, 002-424-021, 002-424-022
Parcels 4, 5, 6, 8, 9, 10 and 11 as shown on Parcel Map SLO 17-0099 in the City of San Luis Obispo,
County of San Luis Obispo, . State of California, filed for record on .2 3 2018, in Book SO
of Parcel Maps at Page5, et seq., in the Official Records oI'said County.
EXHIBIT C
LEGAL DESCRIPTION
Easement Area
[Attached]
Exhibit "C"
Broad Street Public Pedestrian Access Easement
Parcel 1 of SLO 17-0099
Legal Description
That portion of Parcel 1 of Parcel Map SLO 17-0099, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to the map filed in Book
F6 —, at Pages �' S of Parcel Maps, in the Office of the County Recorder
of said County shown as Broad Street Public Pedestrian Access Easement on said Parcel
Map.
The above described piece of land is graphically shown on Exhibit "C-1" attached hereto
and made a part hereof.
End of Legal Description
,;S,,AND SG
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No. 6964
Date: 4/18/2018
Broad Street Public Pedestrian Access Easement LDX.doc
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EXHIBIT C-1
1 IN= 30 FT
612 Clarion Court BROAD STREET PUBLIC PEDESTRIAN
SAN LUIS OBISPO, CA 93401 ACCESS EASEMENT
T 805544-0011
F 805 544-4294 LEGAL DESCRIPTION
www wallacegroup.us
WALLACE CROUP
MARSH STREET
JOB No.: 1185-02
DRAWING :Ease Docs
DRAWN BY: NDS
DATE: 04/18/2018
Sheet 1 of 1
CONSENT AND SUBORDINATION OF DEVELOPER'S LIENHOLDER
Montecito Bank & Trust, a California corporation, as Beneficiary under those certain Deeds of
Trust executed by Garden Street SLO Partners, L.P., a California limited partnership, dated November 14,
2016, and recorded with the San Luis Obispo Recorder on November 30, 2016, as Document Nos.
2016062955, and 2016062954 (the "Deeds of Trust"), does hereby consent to and subordinate its interest
in the property covered by the Deeds of Trust to the herein Broad Street Public Pedestrian Access
Easement Agreement, and agrees that the same shall have full force and effect as though it had been
recorded prior to the recordation of the Deeds of Trust.
IN WITNESS WHEREOF, said Beneficiary has executed this Consent and Subordination as of
this /Z day of El 4— , 2018.
MONTECITO BANK & TRUST, a California corporation
B 44, �
Y�
Name: '4,y p> Al F_: qkA +J
Title: 5't V e P
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 truthfulness, accuracy, or validity of that document.
State of (.A,G6rR,i a
County of +VL F
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On >r{ , 2018, before me, Out r" ��"t �� , a notary public, personally
appeared CLAIA 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.
...-.,. REY�fA B. KAUFMAI f4 -0
WITNESS my hand and official seal. �' COMM. #2160267 <
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�•;sic NOTARY PUBLIC CALIFORNIA U)
ref SANTA BARBARA COUNTY
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My Comm. Expires July 10, 2020 1j
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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 truthfulness, accuracy, or validity of that document.
State of California
County of O�•�ia��a(Ua )
On *t -P< < < 2018, before me, rW, -�Pna-. , a notary public,
personally appeared HAMISH S. MARSHALL, 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.
WITNESS my hand and official seal.
a4Signal (Seal)
REYNA B. KAUFM N
"
COMM. #2160257
NOTARY PUBLIC
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-CALIFORNIA
SANTA BARBARA COUNTY
My Comm. Expires July 16, 2020
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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 truthfulness, accuracy, or
validitv of that document.
State of California
County of San Luis Obispo
On April 19, 2018
before me, Diane Dostalek, Notary Public
(insert name and title of the officer)
personally appeared Heidi Harmon
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.
WITNESS my hand and official seal.
�1
Signature ,11&
DIANE DOSTALEK
commission *2138341 :
a Notary Public - California x
Z San Luis Obispo County
(Seal) M Comm. Ex fres Dec 25, 2019
END OF DOCUMENT