Recorded at the request of:
City of Patterson
After recording, retum to:
City of Patterson
Attention: Cilv Clerk
Post Office Box 667
Patterson, CA 95363
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(Space above this line for recorder's use)
License Agreement to Permit Encroachment on City Property 22 N. Del Puerto Avenue, Patterson, CA 95363 (APN# 131-009-0f9) B. Adjacent to the property line of said real property, there exists a right-of-way orvned by Licensor.
C. Licensee desires to construct certain private improvements which will encroach upon and be located in the above-referenced right-of-way owned by Licensor.
D. Licensor is agreeable to permitting said encroachment upon the terms and conditions expressed herein and as approved by the City's Conditional Use Permit #21-01 (Approved Date:2124122\.
In consideration ofthe foregoing, and subject to the terms and conditions set forth herein below, the parties agree as follows:
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Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
This fifteen (15) year License Agreement and Declaration of Restrictive Covenants ("Agreement") is entered into in March _2022 through March_,2037 between the City of Pattenon, a municipal corporation, ("Licensor"); and Edward & Mildred Maring ("Licensee").
This Agreement shall be in place for until ended by either party and is subject to renewal as needed at the discretion of the City. This Agreement is made with reference to the following facts:
RXCITALS
A. Edward & Mildred Maring are the owner of real property at 22 N. Del Puerto Avenue, Patterson, CA commonly known as APN#:13l-009-019 and further described in Exhibit "A".
AGREEMENT
a) The improvements permitted to be constnrcted. maintained, and installed by this Agreement are described as follows: pzDlrrc improvements consisting of outdoor sitting areg decorartve fence, arbor, brick pavers, and grease interceptoh b) The public right-of-way and/or property which will be bwdened by said irnprovements is described as follows: N. Del Puerto Avenue Alleln+ays (between N. Del Puerto Avenae and N. 3d Steet)-
2. License Fee. ln consideration for the license herein granted, Licensee agrees to pay Licensor the City of Patterson applicable encroachment permil fee, payable upon execution ofthis Agreement, and to pay all costs and fees, including stafftime and/or City Attomey fees, if any, incurred by the Licensor for the negotiation and preparation ofthis Agreement.
Licensor may require a monetary deposit to be made by Licensee upon application for this License, in an amount set by City Council resolution, and against which deposit City's administrative processing costs and fees shall be charged.
3. Construction and Maintenance Erpenses. Licensee shall bear the cost and expense of constructing, reconstmcting, and maintaining the improvements described within this agreement or in the approved improvement plans. Licensee firrther agrees that all work upon or in connection with said improvements shall be done at such times and in such manner as is approved by Licensor and shall be done in accordance with plans and specifications approved by Licensor and subject to all permits required by Licensor pursuant to state or local law or regulation.
a) Licensee shall not modifu or in any fashion change the improvements, once constructed, without the written permission of Licensor.
b) Licensee agrees to construct said improvements in a workmanlike fashion and to at all times maintain said improvements and the portions of Licensor's right of way on which the improvements are constructed in a good and sound condition and in a condition that remains aesthetically and visually pleasing and acceptable to the Licensor. IfLicensee fails to maintain said improvements in good and sound condition, in the sole determination oflicensor, Licensee hereby grants to Licensor the right to either remove said improvements or to maintain them, at Licensor's option. If Licensor is required to remove and./or maintain said improvements, Licensee agrees to reimburse Licensor for the cost thereof and for any costs necessary to retum said right ofway of Licensor to the condition existing before the execution of this Agreement within 30 days after the mailing to Licensee ofan invoice for said costs by Licensor. Ifsuch invoice is not so Page2ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
I . Grant. Licensor hereby grans to Licensee, subject to the terrns and conditions contained herein, the right to construct, maintain and install the following described improvements on the following described public right-of-way owned by Licensor, a1l as shown on Exhibit "B" attached hereto and/or on file with the City of Patterson, Department of Public Works. paid, the remaining balance shall accrue interest at the mte of l0% per year until paid.
Furthermore, if said invoice is not so paid, Licensee agrees to permit Licensor to impose a lien upon the real Eoperty described in Exhibit "A" without notice to Licensee. c) The original term of this agreement is for 15 yean. At the conclusion of the 15 years, if the agreement is still satisfactory to both parties, an additional 15 year term may be considered.
4. Removal of Improvements. Licensee expressly acknowledges that the improvements covered by this agreement are being allowed to be constructed in a public righrofivay and that, from time to time, said right-of-way will require improvement, relocation, destruction and./or removal. In the event of said events occurring, Licensee expressly consents to the Licensor removing and./or replacing said improvements, at the unfettered and complete discretion of Licensor, and Licensee further agrees to affect the removal and replacements at its Removal of lmprovements. Licensee expressly acknowledges that the improvements covered by this agreement are being allowed to be constructed in a public right-of-way and that, from time to time, said right-of-way will require improvement, relocation, destruction and/or removal. ln the event ofsaid events occurring, Licensee expressly consents to the Licensor removing and/or replacing said improvements, at the unfettered and complete discretion oflicensor, and Licensee further agrees to affect the removal and replacements at its cost lvithin sixty (60) days ofreceipt of written notice to do so from Licensor. In the event that Licensee declines to effect said removal and/or replacement, Licensee grants to Licensor the right to remove and/or replace said improvements and the cost thereofshall be paid in accordance with the above paragraph.
a) Licensee hereby waives anylor all claims against Licensor for any and all damage or injury done to the real property described in Exhibit "B" and/or the structures and/or any personal property located thereon caused as a result ofthe removal and/or replacemenl described in the immediately preceding paragraph and Licensee indemnifies and holds Licensor harmless for any and all such damages or injuries, irrespective of the passive or active negligence of Licensor.
b) Upon removal of said improvements and any repair or restoration of Licensor's property required by this Agreement and./or payment ofcosts ofsaid repair. restoration and/or removal, all as provided for under this Agreement, and to the satisfaction of Licensor, Licensor shall provide Licensee with a recordable Certificate ofRelease and Satisfaction of Covenants demonstrating satisfaction of the restrictive covenants set forth in this Agreement.
5. lndemnification and Hold Harmless.
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Encroachment License Agreement Re: 22 N. Del Puerto Avenue. Patterson, CA 95363 Edwerd & Mildred Mering
a) Licensee shall assume all risks of damage to the improvements and any appurtenances thereto and to any other property oflicensee or any property under the control of Licensee while upon or near Licensor's right-of-way described at paragraph 1(b). b) Licensee further agrees to indemniry and hold harmless Licensor, its officers, employees, agents, successors, and assigns, from any and all claims, liabilities, damages, failure to comply with any crrrent or prospective laws, attorney's fees, loss or damage to property whether owned by Licensor, Licensee and/or third parties to this Agreement, and./or injury to or death ofany person arising out of the consfirction, maintenance, removal, replacement, rehabilitation, repair, or the location of the improvements or out of Licensee's activities on Licensot's right- of-way described hereinabove.
6. Insurance. Licensee, at its sole cost, shall maintain general liability and property damage insurance in the amount of $2 million combined single limit for bodily injury and property damage, or such other amount as is determined sufflcient by the City, with insurers which are acceptable to Licensor, insuring against all liability of Licensee and its authorized representatives arising out ofand in connection with Licensee's use or occupancy of Licensor's property pursuant to this Agreement.
Al1 general liability insurance and property damage insurance shall insure performance by Licensee ofthe indemnity provisions of this Agreement. Licensor shall be named as an Additional lnsured, and the policy shall contain cross-liability and primary insurance endorsements. Each policy, or a certificate ofthe policy, shall be deposited with Licensor at the commencement of the term of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration ofthe term ofthe policy. Licensee shall provide evidence ofsaid insurance, the certificate and endorsements in the forms attached hereto as Exhibit I'C". Licensee shall make arrangements with the insurers that the insurers shall provide Licensor with notice ofcancellation or termination ofthe insurance at least thirty (30) days in advance ofcancellation or termination. Licensee shall continuously maintain the insurance required by this Agreement until Licensor issues its Certificate ofRelease and Satisfaction of Covenants punuant to Paragraph 4 hereof.
7- Term. This agreement and the rights granted hereunder may be terminated by Licensor upon giving written notice to Licensee at least ninety (90) days prior to the termination. a) Should Licensee, its successon and assigns, at any time abandon the use of the property described in Exhibit "8" or any part thereot or fail at any time to use the same for the purpose for which development ofsaid property was approved for a continuous period of ninety (90) days, the rights and obligations hereby created shall cease to the extent of the use so abandoned and/or discontinued, and Licensor shall have the right to declare this Agreement terminated to the extent of the use so abandoned or discontinued.
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Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edwerd & Mildred Maring
b) Upon termination ofthe rights and privileges hereby granted, Licensee, at its own cost and expense, agrees to remove said improvements for which this license is granted and to retum the right-of-way to the condition it was in prior to the execution of this License.
Should Licensee in such event fail, neglect, or refuse to remove said improvement or retum the right-of-way to such condition, such removal and restoration may be performed by Licensor at the expense oflicensee, which expense, including any attorneyrs fees, Licensee agrees to pay upon demand and, ifnot so paid, said expenses shall be paid in accordance with paragraph 3(b), above.
8. Notices. Any and all notices and demands required or permitted to be given hereunder, shall be in writing and shall be served either personally or by cenified mail, retum receipt requested, m the following addresses:
TO:
City ofPatterson
Post Office Box 667
Patterson, CA 95363
Attention: Director of Public Works
AND
TO:
Edward & Mildred Maring
22 N. Del Pueno Avenue
Patterson, CA 95363
9. \Yaiver. The waiver by Licensor of any breach or any terrL covenant, or condition herein shall nor be deemed to be a waiver ofsuch term. covenant, condition or any subsequent breach of the same, or any other term, covenant or condition herein contained.
10. Authority of Parties. Each individual executing this agreement in behalfofa corporation or other private entity shall represent and warrant and that he/she is duly authorized to execute this agreement on behalfofthe corporation and/or entity. in accordance with the duly adopted resolution ofthe Board of Directors ofsuch corporation, and.ror entity, a copy of said resolution shall be ptovided to Licensor, along with the executed original ofthis agreement.
I l Attorney's Fees. ln the event that either party is required to bring an action to enforce or interpret terms and conditions of this agreement, the prevailing party shall be entitled to payment of its attorney's fees, as well as expert wimess fees.
IN WITNESS WHEREOF, the undersigned have executed this agreement as of the day and year first written above.
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Encroechment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edwerd & Mildred Maring
12. Assigns and Successors. This agreement shall inure to the benefit and be binding upon each party's assigas and successors, and it is the intent ofthe parties that this license and its terms and conditions shall run with the land and be binding upon all successors in interest to the real property described in f,xhibit rA" attach€d hereto.
[NOTARIZ,ED SIGNATT,]RES BELOW]
CITY OF PATTERSON
Mike Willett. Director of Public Works Date
PROPERTY OWNER(S)
g /2,.7 /+o z,-
Edward Maring, Property Owner ;&7
3-ZZ-Lp2-zMaring, Property Date
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Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edwerd & Mildred Maring
NOTARY ACKNOWLEDGMENT
A notary public or other offcer 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 Califomia
County of t>\o..,i",\c...,,s
on Mc,..L r: . 2o2Z before me, ..\
€A.,^.\ \\o..-"^ , who proved to me on the basis of 'd
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inskument and aclcrowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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WITNESS my hand and offrcial seal. ,TAYRI JACOEO 2I'RITA Notary Public - C.lltornl.
Stnnirlaur County
Commlrrion , 22E0697
l,{y Comm. trpirer l/!nr 12, 2013
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Page7of11
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
personally appeared
I certi$ under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
@
NOTARY ACKNOWLEDGMENT
State of California
County off\3r315i\sg5
20.24 before me, Z
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(s
appearcd Hr\\,.\ \\*t,.*^ , who proved to me on the basis of satisfactory 6 evidence to be the person(s) whose name(s) iVare subscribed to the withh 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 siqnatue(s) on the instument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.
On x
WITNESS my hand and official seal
-A., b-/, Z-A
x't^{pd"
AAYRA JACOBO ZURITA
Not.ry Publia - C.llfornl.
St.ni!liur County
CommtJelon , 2210697
l*y Comm- Expirer M.r 12, 2023
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ISeal]
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Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
A notary public or other officer completing this certificate verifies only the identity of the indivldual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOTS 9 AND IO IN BLOCK 46, AS SHOWN ON THAT CERTAIN MAP ENTITILED, "MAP SHOWING RESUBDIVISION OF BLOCKS 44, 45, 46,50, 5 I AND 52 OF THE TOWN OF PATTERSON" ACCORDING TO THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF TH RECORDER OF STANISLAUS COU{TY, CALIFORNIA. ON FEBRUARY I4, I9IO IN VOLUME 4 OF MAPS, AT PAGE 47.
APN: 131-009-019
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Page l0 of 1 I
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
EXHIBIT "8"
DRAWING SHOWING ENCROACHMENT
WITH RESPECT TO PUBLIC RIGHT.OF.WAY
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Page ll ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
Datet 312l22
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EXHIBIT *C"
CERTIFICATE OF INSURANCE & ENDORSEMENTNAMING THE CITY OF PAT"TERSON AS ADDITIONALLY INST'RED
Encroechment License AgreementRez 22 N. Del Puerto Avenue, Patterson. CA 95363 Edward & Mildred Maring
D^te2 312122
ENCROACHMENT PERMIT APPLICATION (ATTACHED)
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson. CA 95363 Edward & Mildred Maring
Datel3/2/22