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HomeMy WebLinkAboutRP 14-06; Vigilucci's and Lakritz Family Partnership; 2014-0449161; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Cailsbad, CA. 92008 DOCtt 2014-04491 Gl lllllllllll lllllllllllllllllllllllllll Illlllllllllllllllll OCT 16, 2014 10:06 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 3G.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 203-293-08 RP 14-06 Vigilucci's Curb Cafe PR 14-27 ENCROACHMENT AGREEMENT FOR CURB CAFE This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City"), Vigilucci's Restaurants, Inc., a Califomia 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 cun-ently 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 C:\Users\Leot\Downloads\RP 14-06 DRAFT EncroachmentAgreement061816.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: If to the Business Owner: City Engineer Vigilucci's Restaurants, Inc. City of Carisbad 2917 State St. 1635 Faraday Avenue Carisbad CA 92008 Carisbad 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 C;\Users\Leor\Downloads\RP 14-06 DRAFT Encroachment Agreement 061816.doc 01/25/13 CO CD CD 1 CD ca. "P 3 -C CD 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 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on BUSlilE Vigilucci' By: CITY OF CARLSBAD, a municipal corporation of the State of Califomia JASON S. GELDERT, City Engineer ^"TSTgrrFlece)! f (Print Name Here) E 63,912 Exp. 9/30/20_ By: (Sign Here) (Print Name Here) PROPERTY OWNER: Lakritz Family Part a CaliforniaJUmjtdd Partne APPROVED AS TO FORM: CELIA BREWER City Attorney EMP Assistant CityV^ttomey (Sign By: (Print Name Here) (Sign Here) (Print Name Here) C:\Users\Leot\Downloads\RP 14-06 DRAFT Encroachment Agreement 061816.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of Galifornia County of 0o3lldll—— beforeme, CM^ sfl K^A -Heh^All, NomgA/ Pcftj 11. ^ ' Date Hers Insart Name arid TWs of the OHIe^ personally appeared 0?H\^ lAp^t^- XjBOP- tAVLej-tX ' Name(s) of Signer(s) I CHRISTINA HEDWALL Commission # 2013216 Notary Public - California Orange County £ My Comm. Expires Mar 18,20171 ' Ill I I • 1 Race Notary Seal Above who proved to me on the t)asis of satisfactory evidence to be Vne person© whose name^ b^^^sut)scribed to ttie within instrument and acknowie^edjo me that filfeS^ih^^^sxecuted the same injHS^I^^^uthorized capadty^^ and that by hjg/b^i^j^slgnature© 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. Signature. OPTIONAL signature of Notary PubUc Though the Infonnalion below is nol 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: . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) oner's • Name: _ livldual • Corpbt^e Officer—Title(s): • Partner-N^ Limited • General • Attorney in I • Trustee • Guardian or Conser^tor • Other: RIGHT THUr.lBPRINT Of^ SIGN'EP Top of thunnb here Signer's Name: [Individual • Osirporate Officer—Title(s): . • Parthei;— • Limited • G6neral • AttorneylivFact • Trustee • Guardian or Consdlv^tor • Other: _ RIGHTTHUMBPRINT OH SiGHEH Top of thunib here 02007NallonalNataryAssocia(il)n»9350DeSoloAw.,P.O.Box2402-aials«»oi«l,Ca\ 9t313-2402-w^ ltBin#5e07 Reaidsr.CallToa4=fse1-80O«7&«8Z7 C:\Users\Leor\Downloads\RP 14-06 DRAFT Encroachment Agreement 061816.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of vS/?^ ^[^o On \0 before me, (Here insert name and title of the officer) personally appeared AO<.A\A S, who proved to me on the basis of satisfactory evidence to be the person(s)'whose name(s-) is/aPC subscribed to the within instrument and acknowledged to me that he/shefthSy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(.^ on the instrument the person(s)r 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. <^ > Signature ofNotary Public (Notary Seal) CECELIA FERNANDEZ Commission # 1996355 Notary Public • Catifornia My comm. San Oiago County ^ irMOc^0^016| ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages DocumenlDate (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a suificient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of S>f^^ ^ On "^'H-^OlM before me, lA\]o ^lAjuCM^t. UnLrJ Date Here Insert Name and TitW of the Officei } personally appeared Officer Name(s) of Signer(s) whio proved to me on the basis of satisfactory evidence to be the person(;^ whose name(s) is/ai»e subscribed to the within Instrument and acknowledged td me that he/sbe/tlwy executed the same In hls/her/thetr authorized capaclty(le6), and that by his/ber/tlwir signature(*) on the instrument the person(^, or the entity upon behalf of which the person(8) 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 OPTIONAL — Signature of Notary Public 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 Attaciied 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: • Corporate Officer • Individual Title(s):. • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBITA LOTS 10,11,12 AND THE SOUTHEASTERLY 11.50 FEET OF LOT 13 IN 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. PROJECT NAME VIGILUCCI'S RESTAURANT PROJECT NUMBER RP 14-06 EXHIBIT B