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HomeMy WebLinkAboutCUP 09-03; RJ VIDA ROBLE INVESTORS LLC; 2010-0686039; Parking AgreementRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOCtt 2010-0686039 DEC 13, 2010 8:27 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 39.00 PAGES: Space above this line for Recorder's use Assessor's Parcel No. 213-050-08-00 CUP 09-03 - North Coast Church RECIPROCAL PARKING AND ACCESS AGREEMENT This Reciprocal Parking and Access Agreement ("AGREEMENT") is entered into on the day of A-pAlog 2010 by RJ Vida Roble Investors. LLC. and Lake Mission Vieio Investors ("RJ VIDA ROBLE/LAKE MISSION VIEJO"), existing office/warehouse tenants: Rockwell Collins and Luxtera, Inc. ("OFFICE/WAREHOUSE TENANTS") and North Coast Church ("NORTH COAST CHURCH") with respect to the following facts: RECITALS A. WHEREAS, RJ VIDA ROBLE/LAKE MISSION VIEJO is the owner of real property in the City of Carlsbad, County of San Diego, State of California, addressed as 2310 and 2320 Camino Vida Roble, APN 213-050-08-00, more particularly described in Exhibit "A" attached hereto and incorporated by this reference ("Property"). B. WHEREAS, a portion of said property, known as Lot 6 of Carlsbad Tract No. 73- 49 as shown on Exhibit "A" attached hereto and incorporated by this reference, is developed with two buildings (identified as "Existing Building 1 and Existing Building 2") totaling 40,978 square feet for Building 1 at 2310 Camino Vidal Roble, and 42,294 square feet for Building 2 at 2320 Camino Vida Roble, and an associated 271 parking-space parking lot. C. WHEREAS, RJ VIDA ROBLE/LAKE MISSION VIEJO leases each of the existing buildings for a variety of uses including office, warehouse, and public assembly, all of which comply with the P-M (Planned Industrial) Zone regulations, the PI (Planned Industrial) General Plan Land Use designation and McClellan-Palomar Airport Land Use Compatibility Plan. D. WHEREAS, OFFICE/WAREHOUSE TENANTS are the office/warehouse/industrial lessees of suites located within Building 1 and Building 2 on Lot 6 of Carlsbad Tract No. 73-49. E. WHEREAS, NORTH COAST CHURCH is the lessee of a suite located within Building 1 on Lot 6 of Carlsbad Tract No. 73-49. 213-050-08-00 CUP 09-03 - North Coast Church F. WHEREAS, Lot 6 of Carlsbad Tract No. 73-49 has one parking lot with 271 off- street parking spaces assessable to NORTH COAST CHURCH and the OFFICE/WAREHOUSE TENANTS. G. WHEREAS, it is the intent and desire of RJ VIDA ROBLE/LAKE MISSION VIEJO, the OFFICE/WAREHOUSE TENANTS and NORTH COAST CHURCH by this AGREEMENT to have the OFFICE/WAREHOUSE TENANTS and NORTH COAST CHURCH share said existing 271 parking spaces to allow greater flexibility to comply with the parking requirements for all permitted uses pursuant to Carlsbad Municipal Code ("CMC") Chapter 21.44 "Parking" Ordinance. H. WHEREAS, OFFICE/WAREHOUSE TENANTS are primarily weekday operational usages and NORTH COAST CHURCH is primarily a weekend operational use. I. WHEREAS, this Reciprocal Parking and Access Agreement is intended to satisfy Condition No. 19 of Planning Commission Resolution No. 6643, dated November 4, 2009 , for Conditional Use Permit 09-03, allowing North Coast Church to operate at 2310 Camino Vida Roble, Carlsbad and providing for reciprocal parking between the OFFICE/WAREHOUSE TENANTS and NORTH COAST CHURCH. NOW, THEREFORE, RJ VIDA ROBLE/LAKE MISSION VIEJO, OFFICE/WAREHOUSE TENANTS, and, NORTH COAST CHURCH covenant and agree to the terms as follows: 1. Parking Spaces. All 271 undesignated parking spaces shall be shared between the OFFICE/WAREHOUSE TENANTS and NORTH COAST CHURCH. NORTH COAST CHURCH shall be restricted to a maximum of 54 regular parking spaces at any one time during weekdays (Monday - Friday). The OFFICE/WAREHOUSE TENANTS shall be restricted to a combined total of 57 regular parking spaces at any one time during weekends (Saturday-Sunday). 12 parking spaces shall be allocated to the OFFICE/WAREHOUSE TENANTS occupying building 2310 Camino Vida Roble (Rockwell Collins) and 45 parking spaces shall be allocated to the OFFICE/WAREHOUSE TENANTS occupying building 2320 Camino Vida Roble (Luxtera, Inc). All parking spaces shall be accessible, striped, and available at all times for NORTH COAST CHURCH and their guests and OFFICE/WAREHOUSE TENANTS as shown on Exhibit "A". 2- ACCESS. RJ VIDA ROBLE/LAKE MISSION VIEJO and its successors in interest shall not construct or permit the construction of any structure on the parking areas within the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces pursuant to Exhibit "A." nor shall RJ VIDA ROBLE/LAKE MISSION VIEJO or its successors in interest restrict access to all 271 parking spaces by the OFFICE/WAREHOUSE TENANTS and/or NORTH COAST CHURCH and their guests. 3. ENFORCEMENT. RJ VIDA ROBLE/LAKE MISSION VIEJO and its successors in interest shall be primarily responsible for enforcement of this Agreement. The City of Carlsbad may also enforce the Agreement through any and all means available, including recordation on the Property title of a Notice of Violation, and revocation of CUP 09-03. 4. RJ VIDA ROBLE/LAKE MISSION VIEJO and its successors in interest shall process amendments to this Agreement as necessary to include any new tenants of the Property JOINT PARKING.FRM Rev. 11/16/95 213-050-08-00 CUP 09-03 - North Coast Church during the term of this Agreement which tenants shall be bound by its terms in their lease agreement. 5. Covenant Running With the Land. The AGREEMENT contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind successive owners of the Property. 6. Modification or Termination. The AGREEMENT shall not be modified or terminated except by a written agreement approved by the CITY and executed by the owners of the RJ VIDA ROBLE/LAKE MISSION VIEJO Properties, NORTH COAST CHURCH and OFFICE/WAREHOUSE TENANTS at the time of the proposed modification or amendment which is to be recorded in the Office of the County Recorder of San Diego County, California. 7. Recordation. This AGREEMENT shall be recorded in the Office of the County Recorder of San Diego County, California and shall serve as notice to all future owners and tenants of the RJ VIDA ROBLE/LAKE MISSION VIEJO Properties that their use shall be benefitted and/or burdened in the manner described herein. I have read and understood the above agreement for the reciprocal access and parking Dated this 3- + J- day of A ft* I , 20 OWNER: Owner's Name ?. ( ignature" S Print name and title (0 - I <& -I Q Date NORTH COAST CHURCH: Name of Church Facility Signature P. Print name and title ' ' Lf / 21 j 3Oi O "See attached certificate"JOINT PARKING FRM 213-050-08-00 CUP 09-03 - North Coast Church TENANT 1 (Rockwell Collins): Rockwell Collins, Inc. Tenant's Name Signature Vaughn M. Klopfenstein, Assistant Secretary Print name and title -n Date TENANT 2 (Luxtera, Inc): Tenant Name Signature Print name and title Date (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: DON NEU JAIWMOBALDI Planning Director Assistant City Attorney JOINT PARKING.FRM Rev. 11/16/95 38 c-il 2l 11 BUILDING 2320 itillLLU STANPAFP PARKING STALLS TOTAL » 2TI HANPICAP STALLS TOTAL »1 •INCLUDES 2 HC VAN WEEKDAY PARKINS LE6END :54 \ WEEKEND PARKIN© LESEND NORTHCOAST CHURCH 16,608 SQ FT 54 TOTAL 5TALS NOKTHCOrtST CHURCH 16,608 SQ FT 214TOT/ILSTXLLS 2310 OFFICE/W^REHOUSE TENANTS 26,354 Sq FT 12 TOT/IL STALLS RECIPROCAL PARKINS AND ACCESS AGREEMENT EXHIBIT "A' 2320 OFFKE/WAfeEHOUSE TENANTS 41.496 Sq FT 45TOTALST/ILLS LOT 6 OF CARLSBAD TRACT NO. 73-49 APN 213-050-08-00 NORTH ACKNOWLEDGEMENT State of California County of personally appeared before me, (here insert name and title of the officer) Q \fg _ who proved to me on the basis of satisfactory evidence to be the person^) whose name(£) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i@s)-, and that by his/hex/tbei? signature^ on the instrument the person^), or the entity upon behalf of which the person($ 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. 1WITNESS my hand and official seal. Signature f, \ WALTER E. PUESCHEL I Commission # 1795955 I Notary Public - California i San Diego County - MyComm.ExPlfesJul9.2012 L (Seal) CARPENG\SWDMS\11613648.2 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^fl OnTcAni .Date/before me.TA/>v& personally appeared " SAf Name(s) of Signerfs) THAIS L. AGUIRRE Commission # 1790671 | Notary Public - California San Diego County My Comm. Expires Mar2,2012 who proved to me on the basis of satisfactory evidence to be the person(4) whose name(^)- is/are subscribed to the within instrument and acknowledged to me that he/ohc/thoy executed the same in his/her/their authorized capacity (ies), and that by his/hor/thoir signature(^) on the instrument the person(^), or the entity upon behalf of which the person(^) 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. Place Notary Seal Above Signature: I OPTIONAL Signature of Nota Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ^ Title or Type of Document: /_^L4^L4<isiJ^*-*-X /YA/UtLtsM^i V- Document Date:. Number of Pages' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ©2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, . VNotary Public, personally appeared / who proved to me on the basis of satisfactory evidence to be the person(s^whose is&fe- subscribed to the within instrument and acknowledged to me that(fie?£he#bey executed the same in(fiis/hef#beir authorized capacityftes^ and that by (N§)hefiftb®H" signature^ on the instrument the person(s^ or the entity upon behalf of which the person-^ 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. (Sign PHILIP H. TOftCIVIA Commission * 1820258 Notary PuWte • CHiforni* Sin 01*90 County My Cotnm. faatoH Oct 21.2012 JOINT PARKING.FRM Rev. 12/17/07 On September 17, 2010 before me, Carolyn J. Smith, Notary Public, personally appeared Vaughn M. Klopfenstein, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Iowa that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Carolyn J. Smith Notary CAROLYN J. SMITH COMMISSION NO. 143945 UY COMMISSION EXPIRES IL