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HomeMy WebLinkAboutCT 06-24; LNR CPI Bressi Retail LLC; 2008-0251548; Encroachment AgreementJO? RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2008-0251548 MAY 09, 2008 3:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH COUNTY RECORDER FEES: 36.00 PAGES:10 8564 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-191-02 PROJECT ID: CT 06-24 PROJECT NAME: Bressi Ranch Village Center RELATED PROJECT ID: PR 07-129 RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and LNR CPI Bressi Retail, LLC ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at the southwest corner of El Fuerte Street and Gateway Road, north of Bressi Ranch Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-191-02, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility and access purposes which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow private water, sewer, curb, landscaping, irrigation and sidewalk to remain in a portion of the general utility and access easement. A plat showing the location of the encroachment is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and AgreementtENCROACHMENT AGMT, CT 06-24.doc (1) loss or damages to property and (2) injury to or death of persons. 8565 (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: If to the Owner: City Engineer LNR CPI Bressi Retail, LLC City of Carlsbad c/o LNR Property Corporation 1635 Faraday Avenue Commercial Property Group Carlsbad CA 92008 4350 Von Karman Ave., Suite 200 Newport Beach, CA 92660 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 2 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and AgreementtENCROACHMENT AGMT, CT 06-24.doc 8566 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on day of F€bftjtgy\| 20 Qg . OWNER LNR CPI Bressi Retail, LLC a California limited liability company By: LNR CPI A&D Holdings, LLC a Delaware limited liability company, its member By: LNR Commercial Property Investment Fund Limited Partnership a Delaware limited partnership, its member By: LNR CPI Fund GP, LLC a Delaware limited liability company its general partner R.LANGCOTTRELL (Print N erei (Sign Here) R. LANG COTTRELL (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ _ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 By: H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and Agreement\ENCROACHMENT AGMT, CT 06-24.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 8567 State of California County of On before me,L personally appeared Here flofaxvj Public lame and Title of (He Officer Name(s) of Slgner(s) L. GAUTHIER Commission * 1722*43 Notary Public • California | Orang* County who proved to me on the basis of satisfactory evidence to be the person^) whose namefo) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity^), and that by his/hetfthetf-signatureO^ on the instrument the person^,), or the entity upon behalf of which the person(V) 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. Place Notary Seal Above WITNESS V Signature OPTIONAL ind official seal.O 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 reattachmentof this form to another document. Description of Attached Document Title or Type of Document: Document Date: TVZJLJI HUKVJ v~t t Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): __ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and AgreemenftENCROACHMENT AGMT, CT 06-24.doc 8568 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT &Sia^feg&seg&sjS*^^ State of California County of • On fr\>H S.< | gate personally appeared before me,Here Insert Name ani Title of the Officer Name{s} of Signer(s) 1ERIC I. ROWLEY CommiMion * 1773534 Notary PubHc - Calif omta i Son Dtogo County - who proved to me on the basis of satisfactory evidence to be the person^ whose name(^ is/a/e subscribed to the within instrument and acknowledged to me that he/sj^/th£y executed the same in his/foeVtbeir authorized capacity (ie<^, and that by his/hef/th^ir signature^ on the instrument the person^/), or the entity upon behalf of which the person(srj 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. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL 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: Document Date: v'*^9s\,*0-f*~\. (*] o ^ ^Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) - - • L-<x^ci Number of Pages:j Signer's Name: Individual Corporate Officer — Title(s): .." Partner — ; Limited General . . Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name:_ Individual Corporate Officer — Title(s): RIGHT THUMBPRINT OF SIGNER Partner — Limited General .. Attorney in Fact Trustee Guardian or Conservator 1". Other: | Signer Is Representing: RIGHT THUMBPRINT OF SIGNER vt><vg<2tJs/s5>?^x-ww ©2007 National Notary Association-9350 De Soto Ave.. P.O Box 2402-Chatsworth, CA 91313-2402-www.NationaiNoterv.org Item *5907 Reorder Call Toll-Free 1-800-876-6827 m 8569 i > I v> i 33 S OIfcin 5 O ft* 18 | N3 S "1 ;^ is 8571 S s; Si S S </) f- !" 1z £< .= oo zo c/5 LU O o LU "5 _o pcc ia. l O i 8572 8573 O O O O O ' O!