HomeMy WebLinkAboutD- 2094 Garden Street SLO Partners-APN: 002-424-016RECORDM REQUESTED BY:
FMSST�AMERICAN TITLE CONTIP.kN_y
RECORDING REQUESTED BY, AND
WHEN RECORDED, RETURN TO: -- --
RECEIVED
City Clerk
City of San Luis Obispo J -i L",y 17 2018
990 Palm Street
San Luis Obispo, CA 93401- '1 S L 0 CITY CLERK
401
Tommy Gong
San Luis Obispo - County Clerk -Recorder
04/23/2018 08:02 AM
Recorded at the request of:
FIRST AMERICAN TITLE COMPANY
Titles: 1 Pages: 12
Fees: $0.00
Taxes: 0.00
Tota1: 0.00
r, R: P.
(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
[ ] Value less than $100
[ ] Grantor's unencumbered equity
[X] No beneficial ownership change
Assessor's Parcel Number(s): 002-424-022
ADA ACCESS EASEMENT AGREEMENT
This ADA ACCESS EASEMENT AGREEMENT (the "EasementAgreement") is made and
entered into, dated for reference purposes as of April 11, 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 PropertyE'ro qy").
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 an access easement allowing
vehicular and pedestrian access to and from certain accessible parking stalls over a portion of the Ground
Leased Property, as more completely described in Exhibit C (the "ADA 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 ADA
Access Easement described herein, and to memorialize their agreements regarding the cost of maintaining
and repairing the ADA Access 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 access easement (the "ADA Access
Easement") allowing vehicular and pedestrian access to and from certain accessible parking stalls on, over,
through, and across the ADA Easement Area that is described in Exhibit C hereto fora 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 ADA Access Easement is granted in order to provide access, ingress and egress for
vehicles and pedestrians to and from certain accessible parking stalls in the Project, and the ADA Easement
Area may be used by the public for such pedestrian and vehicular access, 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 and vehicular access, ingress and egress by pedestrians and vehicles utilizing the ADA Access
Easement. Prior to its completion of construction of the Project, Developer shall have the right to block
public access to the ADA 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 ADA 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 ADA 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 ADA 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 ADA Easement Area and the ADA Access Easement
granted herein, including without limitation any claims, damages and liabilities arising from any allegation
that the Project or the Ground Leased Property violates the Americans with Disabilities Act of 1990 or any
other law or regulation similar in subject thereto.
7. RESERVATION BY DEVELOPER AND CITY. Developer and City, respectively, each reserves all of
its rights of ownership in and to the ADA Easement Area which are not inconsistent with the ADA Access
Easement and the Ground Lease, including, without limitation, the right to grant further easements on, over
or across the ADA 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 ADA Access Easement over the
ADA 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 ADA
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
ADA Access 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 ADA 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
Hamish arshall, Manager
Date
"CITY:"
THE CITY OF SAN LUIS OBISPO, a
municipal corporation and charter city
By /Z
Heidi Ha on, Maya
Authority pursuant o 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 sl pwn on the map filed for record on 5� � 3 , 2D 18, in Book
YQ of Parcel Maps at Page _ &5- , et seq., in the Official Records of the 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 !f 2 3 2018, in Book 8 d
of Parcel Maps at Page$, et seq., in the Official Records of said County.
EXHIBIT C
LEGAL DESCRIPTION
ADA Easement Area
[Attached]
Exhibit "C"
ADA Easement over Parcel 1 for Access to Accessible Parking Stalls
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
QD . at Pages 6-3-65 of Parcel Maps, in the Office of the County Recorder
of said County shown as the letter A inside a circle (Non -Exclusive ADA Easement over
Parcel 1 for the purposes of providing vehicular and pedestrian access to and from the
accessible parking stalls located on Parcel 1) 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
' 0 to ND
" No. 6964
OF
Date: 4/18/2018
ADA Easement over Parcel 1 for Access to Accessible Parking Stalls
LDX.doc
GARDEN ALLEY
NON-EXCLUSIVE ADA
(AMERICANS WITH DISABILITIES ACT OF
�- 1990) EASEMENT OVER PARCEL 1 FOR
THE PURPOSES OF PROVIDING
VEHICULAR AND PEDESTRIAN ACCESS
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GRAPHIC SCALE
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(IN FEET)
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612 Clarion Court
- SAN LUIS OBISPO, CA 93401
T 805 5444011
F 805 544-0294
www-wallacegroup.us
WALLACE GROUP
MARSH STREET
EXHIBIT C-1
ADA EASEMENT OVER PARCEL 1 FOR
ACCESS TO ACCESSIBLE PARKING STALLS
LEGAL DESCRIPTION
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 ADA 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
thisday of IMA 1 �, , 2018.
MONTECITO BANK & TRUST, a California corporation
By:
Name: L4 -,/1>>Z N, MiiW
Title: 5, V,
/17
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 CaG4C&,l``
County of SA-n�C^ S f barr`
On H (-, \ 111% '2018, before me, Q-� yl--, a notary public, personally
appeared_C L� 64- AI Ffee WIO-., , 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. REYNA B. KAUFMAN r
COMM. #2160257
�rar NOTARY PUBLIC -CALIFORNIA W
> SANTA BARBARA COUNTY m
My Comm. Expires July 18, 2D20
Signatu a (Seal) AAaa&aAAAA&&AAA4&A"AWdiAfA"A
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 -L cu bti r,,
On J}Q (1 ICA _, 2018, before me, k'"" 1 go,- a notary public,
personally appeared HAMISH 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.
REYNA B. KAUFMAN
�Q
COMM. #2160257 C
CONOTARY
PUBLIC -CALIFORNIA �Si
natu4� Seal
( )fly
SANTA BARBARA COUNTYg
Comm. Expires July 18, 2020 H
_ •�,a .a.
"AA"AAAAAAAAAAt
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 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.
Signature ,; [ vil"[;'
(Seal)
DIANE DOSTALEK
Commission # 2138341
Notary Public - California x
San Luis Obispo County
My Comm. Expires Dec 25. 2019
END OF DOCUMENT