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HomeMy WebLinkAboutRP 14-05; Lakritz Family Partnership; 2016-0215981; Encroachment AgreementRECORDING 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# 2016-0215981 1111111111111111111111111111111111111111111111111111111111111111111111 May 06, 2016 08:37 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-293-08-00 PROJECTID: ~R~P~147-~075 ____________ ___ PROJECT NAME: Vigilucci's Market Curb Cafe RELATED PROJECT ID: PR 16-06 ----------------------RELATED PROJECT ID: ---------------------- ENCROACHMENT AGREEMENT FOR CURB CAFE This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City"), Vigilucci's Restaurants, Inc., a California corporation ("Business Owner") and Lakritz Family Partnership, L.P. a California Limited Partnership ("Property Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Property Owner is the owner of that certain real property located at 2917 State St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-293-08, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Business. Business Owner is the owner of that certain business known as Vigilucci's Restaurant, operating at the Property referenced above. 3. The Easement. City currently owns an existing easement over, under, and across Owner's property for public sidewalk, public street and public utility purposes, commonly known as State St. 4. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow various improvements known collectively as a sidewalk and curb cafe to remain in a portion of the public street and public utility easement. A plat showing the location of the encroachment is attached as Exhibit "B" 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 1 Q:\CED\LandDev\PROJECTS\RP\RP 14\RP 14-05 Vigilucci's Market-Bobbett\RP 14-05 DRAFT Encroachment Agreement. doc 01/25/13 the Business Owner and Property Owner. (B) The Business Owner and Property 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 (1) loss or damages to property and (2) injury to or death of persons. (C) The Business Owner or Property Owner must remove or relocate any part of the encroachment within thirty (30) 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. The area of the easement shall be restored to its previous condition to the satisfaction of the City Engineer. (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. 5. 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. 6. 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Business Owner: Vigilucci's Restaurants, Inc. 2917 State St. Carlsbad CA 92008 If to the Property Owner: Lakritz Family Partnership, L.P. a California Limited Partnership 8502 E. Chapman Ave. #614 Orange, CA 92869 which addresses may be changed from time to time by providing notice to the other parties in the manner described above. 2 Q:\CED\LandDev\PROJECTS\RP\RP 14\RP 14-05 Vigilucci's Market-Bobbett\RP 14-05 DRAFT Encroachment Agreement doc 01/25/13 7. Waiver. City's consent to or approval of any act or omission by Owners 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 Owners. 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. 8. 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. Property Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property and any leases or rental agreements for the Property, but any failure to do so does not invalidate this provision. 9. 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 BUS I By: IN WITNESS WHEREOF, these parties hereto have executed this Agreement on s·~ d f "'\r'~ II 20 ., .r ,_ 1 r ~ ay o 1-,; ~~ ~~.....-, ___lb._. \ CITY OF CARLSBAD, a municipal corporation of the State of California " RCE 63,912 Exp. 9/30/2016 -------------------------------(Sign Here) (Print Name Here) By: By: 3 APPROVED AS TO FORM: CELIA BREWER City Attorney ~MPOf? Assistant City Attorney Q:ICED\LandDev\PROJECTS\RPIRP 14\RP 14-05 Vigilucci's Market-Bobbett\RP 14-05 DRAFT Encroachment Agreement. doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 5;.1 .. "'"' 0 .£>c)f "") On 7;?'.)://t Date who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/9-re subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his/heFifl'reir authorized capacity(ies), and that by his/herA:-Iwir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . .. /' WITNESS -, ~and ~O~~~t'se,al. :1 . ,~ Sl·gnature ·;:~<~~·:~? ~:f:~;:;;/ / ~·~~~"~-~~~~ .. ~~~d~~~~~·~~~========~ Signature of Notary Public Place Notary Seal Above -------------------------------------------------------OPTIONAL----------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ;tf"'-'."'""';!·"'IJ"'""'~ r-· # Title or Type of Doc~t: J%.-;-"'""~"'""-<~'. ;:...-r; -l;,/~41(//.. Document o.ate:~ · < /6 __ Number of Pages: Signer(s) Other Than NamJd Above: ____ LL.::.t.,./""~~AL, ________ _ r 7 Capacity(ies) Claill)Jid by Signer(s). ? Signer's Name: p.;,;;::.re.n . .; J,/f ·?<'"';{ «:_, 0 Corporate Officer -Title(s): ;; ' 0 Partner - D Limited D General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator c::l~l~ther: / ..-:2 .. '<,.-,1J·.~ {- Signer Is Representing: _________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): _______ _ D Partner -D Limited D General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Other: _______________ _ Signer Is Representing: ________ _ YO'§<)~~~'!iW§K)!23%%®~~~~®'§<)'!#.>'1~'lif!S!iK\WWW'§W~~'§?&.'§l<)~~~~~~@.'§W@';; ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\PROJECTSIRPIRP 14\RP 14-05 Vigilucci's Market-Bobbett\RP 14-05 DRAFT Encroachment Agreement. doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CrviL CODE§ 1189 A notaty 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. who proved to me on the basis of satisfactory evidence to be the persor:Ji§) wh~se nam re su · to the within instrftm t and acknowle~ge?A me tha ~ executed the ~ le;)R · eir' uthorized capaci 1e , nd th~.y ~ ~~ignatur the instrument the perso~; or t e en 1ty upon behalf of whic e perso~cted, executed the ins rument. ALEXANDER NORBERTO RUIZ Commission # 2092064 z Notary Public -California ~ :;;: Orange County ?::: L,""_M~~5J<elr;e ge; t\,2&1~ Place Notary Seal Above I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I -----------------------------OPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\PROJECTSIRPIRP 14\RP 14-05 Vigilucci's Market-Bobbett\RP 14-05 DRAFT EncroachmentAgreement.doc 01/25/13 EXHIBIT A LOTS 10, 11, 12 AND THE SOUTHEASTERLY 11.50 FEET OF LOT 131N BLOCK I OF THE MAP OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 535 FILED IN THE OFFICE IF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888. < ~ C) ~ r c 0-u ()~ c._ rTJ ,..,. () U1-l z )> ~~ )> ::::0 7': [Ul --=4 :::0-u LJ:::O 0 c._ rTJ ~ () -I ~z I c !!::" og; ()1:::0 rTJ X CD~ w =i ·- b I ~ VIGILUCCI'S MARKET 22'-s· ~ II 13'-2" v _j L f o·-o• r3'-6" GATErt - - +---~ftl ~ {N) REFLECTIVE PROTECTION POST@ 33' E (N) METAL GUARDRAJL, TYP ~ ~ i0 ' \_(E)~ VIGILUCCI'S RESTAURANT /(E) DINING PATIO/ IT\ CURB CAFE\ ~ ~ i0 STATE STREET 0 I ;... lnW L() r--... ZN UNE OF (E) AWNING ABOVE, TYP (E)GUARDRAIL. TYP ./(E) CONCRETE PAVED/ / SIDEWALK. TYP 12·-6" r= 0 n )::> ===1 0 z ~ )::> =o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • 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 !:JCUA) 1DI. ttk:tO ) ) On lll\ttl\ A-1 0· ·I i ,, l' v~ "\'"' } rJ"-~efore me, :Rt'tliclf\fl£ t!or1e'"·?> IV oh1'\f P4 h~1~ Here Insert Name and Title of the Officer · Date peffion~~ appeaffid ~~~0=~~-~~~~=:~~~J-~~~~--~~~~~~~~~~~~~~~ Name(s) of Signer(s) 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 r························ ............. ·.··································u.·.-... ·.·······1 • ROXANNEJONES COMM. #21 07902 ~ "-NOTARY PUBLIC • CALIFORNIA~ . SAN DIEGO COUNTY "' l ConlnVssion&piesApril20. 20191 ••• -."!Nn.-................... •.•···············-.•·-.··-.····•A-.-.-.•.•.·.-.-.•.•······· Place Notary Sea/ Above is true and correct. --------------------------------------------------------oPTIONAL--------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:-----------~ Signer's Name: _____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _____ _ 0 Partner - 0 Limited 0 General 0 Partner -U Limited 0 General 0 Individual []Attorney in Fact 0 Individual LJ Attorney in Fact 0 Trustee [] Guardian or Conservator 0 Trustee [J Guardian or Conservator 0 Other: ______________ _ 0 Other: ____________________________ _ Signer Is Representing: _________ _ Signer Is Representing: --------~ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907