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HomeMy WebLinkAboutCUP 10-03; SPECTRUMFLEX OWNER'S ASSOCIATION; 2011-0079381; Joint Use AgreementRECORDED AT THE REQUEST Of CHICAGO TITLE CO. RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DDCtt 2011-0079381 FEB10,2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dionenbuig, Jr., COUNTY RECORDER FEES: 51.00 5059 PAGES: 13 Space above this line for Recorder's use Assessor's Parcel Nos.: 213-263-23-09-00, 213-263-23-10-00, 213-263-23-11-00, 213-263-23- 12-00, 213-263-23-13-00, 213-263-23-14-00, 213-263-23-15-00, 213-263-23-16-00 CUP 10-03 JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("AGREEMENT") is entered into on the 14th day of January, 2011 between SPECTRUMFLEX OWNER'S ASSOCIATION ("Spectrumflex"), LJR, LLC, a California limited liability company ("LJR"), Campanil Group, LLC, a California limited liability company ("Campanil"), JJMZ, LLC, a California limited liability company ("JJMZ"), TK&C, LLC, a California limited liability company ("TK&C"), C3 Center, LLC, a Virginia limited liability company ("C3") (Spectrumflex, LJR, Campanil, JJMZ, TK&C, and C3 are refered to herein individually as "Owner" and collectively as the "Owners')and CB AQUATIC VENTURES, LLC ("Buyer") with respect to the following facts: RECITALS A. WHEREAS, SPECTRUMFLEX OWNER'S ASSOCAITION is the owner of the parking area and landscaping for the Spectrumflex Development (APN 213-263-23-00)more particularly described in Exhibit "A" attached hereto and incorporated by reference ("Property"); and B. WHERAS, the Owners are the fee owners of real property located in the City of Carlsbad and described in Exhibit "B" attached hereto; and C. WHEREAS, The Agreement contained herein shall constitute covenants, the burdens and benefits of which shall run with the land and bind each Owner and all successive owners of the real property described herein. Accordingly, by their acceptance of a deed or other instruments vesting in such owner fee title in any of the aforementioned parcels, the owner shall own such fee title subject to, and hereby covenants and agrees to be bound by, the covenants and obligations incumbent upon the owner of such real property as set forth herein and shall be entitled to all rights and benefits accruing to the owner of such real property hereunder; and D. WHEREAS, at the time the Spectrumflex project was approved for development it was not known what mixture of uses would occupy the nine buildings on this site approved for development by (CT 05-09/PUD 05-07/PIP 05-06). Parking for the site was based on the The instrument ftod for record by Chicago Tltte Company as an accommodation only. It has not been examined m to Its execution or w to It* effect upon th« Otto. 5060 assumption that the nine buildings would consist of 75 percent office, 15 percent manufacturing and 10 percent warehouse land uses. Based on this formula it was assumed that 2704 Gateway Road (APN 213-263-23-09) with an area of 8,704 gross square feet would have a parking demand of 32 of the 278 parking spaces in the commonly owned parking area; and E. WHEREAS, CB AQUATIC VENTURES, LLC is the Buyer of 2704 Gateway Road (APN 213-263-23-09); and F. WHERAS, as a part of the review of Conditional Use Permit 10-03, (Floaties Aquatic Center) at 2704 Gateway Road it was determined that during its peak operation periods after 5:00 P.M. on weekdays and on weekends this aquatics center use could generate the need for up to 44 parking spaces; and G. WHEREAS, the majority of other buildings at the Spectrumflex project are occupied by or will be occupied by predominantly office, manufacturing, warehouse uses that will not be occupied after 5:00 P.M. on weekdays or on weekends; and H. Whereas, this Agreement is intended to satisfy Condition No. 16 of the Conditions of Approval set forth in the Planning Commission Resolution No. 6729 for Polar Bear Productions, original CUP applicant, dated October 20, 2010. I. NOW, THEREFORE, THE SPECTURMFLEX OWNER'S ASSOCIATION, each individual Owner in Spectrumflex and Buyer, CB AQUATIC VENTURES, LLC covenant and agree to the terms as follows: 1. Parking Spaces. Each building has exclusive use of five parking spaces (total 45 restricted spaces. Five of these exclusive use parking spaces are assigned to 2704 Gateway Road. The remaining 233 parking spaces shall be shared between the SPECTRUMFLEX OWNER'S ASSOCIATION and CB AQUATIC VENTURES, LLC. CB AQUACTIC VENTURES, LLC shall be restricted to a maximum of 32 parking spaces between the hours of 8:00 A.M. to 5:00 P.M. on weekdays (Monday-Friday). On week nights after 5:00 P.M. and on weekends CB AQUATIC VENTURES, LLC may need to utilize up to 44 parking spaces. To accommodate this weeknight and weekend parking need the other occupants of the buildings at the SPECTRUMFLEX shall be restricted to a maximum of 234 parking spaces after 5:00 P.M. on weekdays and on weekends (Saturday & Sunday). All parking spaces other than the five spaces assigned to each building shall be accessible, striped and available at all times for WATERWORKS AQUATICS CB and their guests and the other occupants of the SEPCTUMFLEX as shown on Exhibit "A". 2. Access. SPECTRUMFLEX OWNER'S ASSOCIATION 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" without approval of the City of Carlsbad City Planner. Nor shall the SPECTRUMFLEX OWNER'S ASSOCIATION restrict access to all 274 parking spaces by the other occupants of the site and or CB AQUATIC VENTURES, LLC and their guests without approval of the City of Carlsbad. 5061 3. Enforcement. SPECTRUMFLEX OWNER'S ASSOCIATION 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 or the title on any parcel whose occupant violates this Agreement of a Notice of Violation, and revocation of CUP 10-03 or the CUP of any violator operating in the Spectrumflex Development. 4. 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 current and successive owners of the buildings within the SPECTRUMFLEX development.. 5. Modification or Termination. The Agreement shall not be modified or terminated except by written agreement approved by the City Attorney and executed by each of the owners of the Parcels in the SPECTRUMFLEX development 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. 6. 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 SPECTRUMFLEX development that their use shall be benefited and/or burdened in the manner described herein. I have read and understand the above agreement for the joint use parking. Dated thisl^ day of January, 2011 OWNERS: SPECTRUMFLEX OWNER'S ASSOCIATION By: Signature Leighton R. Frye, President Print name and title LJR, LLC, a California limited liability company Byj Signature Leighton R. Frye, Managing Member Print name and title 5062 CAMPANIL GROUP, LLC, a California limited liability company By: Signature Ted GreeneTManager Print name and title JJMZ, LLC, a^California limited liability company By: Signature Jonathan Lax, Manager name and title TK&C, LLC, a California limited liability company By: Signature y Daniel R. Taylor, Managing Member Print name and title C3 CENTER, LLC, a Virginia limited liability company By: Christian City Church San Diego, a Viriginia limited liability company7By: ( Signature Alicia Williams, Manager Print name and title CB AQUATIC VENTURES, LLC: By:. en Alpcrt, Managing Member Print name and title 5063 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT & FORM: DON NED, RONALD R. BALL, City Attorney Planning Director / By: v/x Date JAN0/IOBALDI Assistant City Attorney 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). 5064 EL FUERTE I m CD H £ 5065 EXHIBITS LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: Lots 1, 2, 3,4, 5, 6, 7,8 and 9 of Carlsbad Tract CT 05-09 in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 15669, filed in the Office of the County Recorder of said San Diego County, January 15, 2008. PARCEL 2: Non exclusive easements for various purposes as set forth in Declaration of Covenants and Restrictions and Reciprocal Easement Agreement as recorded July 31, 2007 as Instrument No. 2007-0510735 of Official Records. APN: 213-263-09 (Lot 1) Building A 213-263-10 (Lot 2) Building B 213-263-11 (Lot 3) Building C 213-263-12 (Lot 4) Building D/E 213-263-13 (Lot 5) Building F 213-263-14 (Lot 6) Building G 213-263-15 (Lot 7) Building H 213-263-16 (Lot 8) Building I 213-263-21 (Portion Lot 9) 213-263-22 (Portion Lot 9) 213-263-23 (Portion Lot 9) Owner: LJR, LLC Owner: LJR, LLC Owner: LJR, LLC Owner: LJR, LLC Owner: CAMPANIL GROUP, LLC Owner: JJMZ, LLC Owner: TK&C, LLC Owner: C3 CENTER, LLC Owner: SPECTRUMFLEX OWNERS ASSOCIATION Owner: SPECTRUMFLEX OWNERS ASSOCIATION Owner: SPECTRUMFLEX OWNERS ASSOCIATION 5066 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California county of Sft On \~(C\- 11 Date personally appeared before me,M4 Here Insert Name and Title of the Officer Name(s) of Signer(s) LINDA MALHOTRA Commission # 1783736 Notary Public - California 1 Santa Barbara County ~ My Comm. Expires Dec 7,2011 t Place Notary Seal Above 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 is true and correct. WITNESS my Wand aMTt 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 Attached Document W", _L I *\ cfTitle or Type of Document: JO1 fxy \J oiv Document Date: 1 ~ IH - i I . Number of Pages:.Q 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: RIGHTTHUMPrHINT OF SIGNER thumb here Signer Is Repres^rifing: Signer's D ja-Corporate Officer — Title(s): D Partner — D Limited n 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: CallToll-Free 1 -800-876-6827 5067 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego SS. before me, Michelle Pass, Notary Public, personally appeared 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MICHELLE FASS CommlMion * 1818865 Notary PubHc-CaMornliSan Ditoo County My Comm. Exoiras Oet 30.2012 NOTARY PUBLIC SIGNATURE OPTIONAL Description of Attached Document Document Type: ^Q'l ^)~L [) ^ i Document Date: No. of Pages: Signer(s) Other Than Named Above: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of _ 5068 On \l\\l3-b\l before me, VU^j/NJLJl I I (Here personally appeared t \ ) Q(j\f\ \ (2/ I I &AA *• C^i &s (Here insert name and title of the officer) 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 is true and Q0fl\ecy'~ (Notary Seal) MICHELE MARIE WILLARD Commission No. 1848026 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires May 7,2013 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) 5s i Document Date y ^Number of Pages (Additional information) CAPACITY CLAIMED BY THE SIGNER H Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California 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 California. 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 California (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 information 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 sufficient 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 v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Of ^7f// jJ( tCounty \m^ On Tft/J. /y 3011 before me, Bate ^ personally appeared 5069 WmS</ j>K.t>ff^ Here Insert Name and TiKe of the Officer Name(s) of Signer(s) OFFICIAL SEAL I » JOYEDAWNCATO l ;) NOTARY PUBLIC-CALIFORNIA S ' COMM. NO. 1789146 - „ SAN DIEGO COUNTY I MY COMM. EXP. JAN ifl 9ni?t who proved to me on the basis of satisfactory evidence to be the person(£) whose name^s) is/afe- subscribed to the within instrument and acknowledged to me that be/she/tbey executed the same in kis/her/thetr authorized capacity(jee)r and that by >te/her£beTr signature^) on the instrument the person^), or the entity upon behalf of which the person(g) 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 Signatured OPTIONAL - Signature of Notary F 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 t t 7^ i • Ji )i of Attached Document T> I ' A of Document: Jaif) /* £/f5d ia^<\nci /{*$ rte: g///V/P^// ^ ^u Title or Type Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /\lieLid. VJi Ilictrvr^ rtlmJs\ i umber of Pages:/ D Corporate Officer — Title(s):. D Individual RIGHT THUMBPRINT OF SIGNER D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator Brother: 1/UA/a/J/x1 / Signer Is Representing: Top of thumb here DtJ Kl» 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 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of personally appeared before me, Le\ 5070 kA uhUci-fd (Here insert name and title of the officer) 7 1 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 is true and correct. ^VWVS/W^^^^VWWW-w-v-.-----•• - MICHELE MARIE WILLARD Commission No. 1848026 NOTARY PUBUC-CALIFORNIA SAN DIEGO COUNTY (Notary Seal) «'— *»*+*»£**. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofbttached document) (Title or description of attached document continued) """1Number of Pages -p Document Date \ (Additional information) CAPACJTY CLAIMED BY THE SIGNER SMndividual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact D Trustee(s) D Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California 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 California. 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 California (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 information 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 signers) 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/thoy, 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 sufficient 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 v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange 5071 On .X<M 2-H^ZoV\ before me, Roya Tahmoresi, Notary Public v fr-TerR insert nai personally appeared (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person^s) whose namefsXisfefe subscribed to the within instrument and acknowledged to me that ^e^she/tfaey executed the same in ^tier/their authorized capacity^ies); and that by(@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 is true and correct WITNESS (Notary Seal) ROYA TAHMORESI I COMM. #1901505 z Notary Public - California § Orange County -? MyCornm. Expires Sep. 16, 2014| ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT r (Title or description of attached — 2o\ (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SJ0NER ^Individual (s) / D Coruscate Officer / / (Title) D Partner(s) D Attorney>&-Fact D Trustee(s) D Other ' INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mast 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 California. 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 California ft.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 information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers) 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. be/she/feeyr is /we ) 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 sufficient 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 CAPAv 12.10.07 800-873-9865 www.NotaryClasses.com