Loading...
HomeMy WebLinkAboutCUP 12-09; Various; 2013-0496200; Joint Use AgreementRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOCtt 2013-0496200 lllllllllllllllllllllllllllllllllllllllllllli^ AUG 07. 2013 4:27 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 107.00 PAGES: 31 lliiiiiilllii Space above this line for Recorder's use Assessor's Parcel Number 213-263-09-00 thru 213-263-16-00 & 213-263-21-00 thru 213-263-23-00 Project Number and Name CUP 12-09 - Fortis Fitness & Strength JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("Agreement") is entered into on 7-/ 3 between Spectrumflex Owner's Association ("Spectrumflex"); CB Aquatic Ventures, LLC ("CB Aquatic"); TMK2, LLC ("TMK2"); DDA & Associates LLC ("DDA"); Orion Real Estate Operations, LLC ("Orion"); 2712 Gateway Road, LLC (2712 Gateway); Campanil Group LLC ("Campanil"); JJMZ, LLC ("JJMZ"); TK&C Properties, LLC ("TK&C"); C3 Center, LLC ("C3"); (Spectrumflex, CB Aquatic, TMK2, DDA, Orion, 2712 Gateway, Campanil, JJMZ, TK&C and C3 are referred to herein individually as "Owner" and collectively known as "Owners") and 2712 Gateway Road, LLC. ("Developer") with respect to the following facts: RECITALS A. WHEREAS, Spectrumflex is the owner of the parking area located in the City of Carlsbad, County of San Diego, State of California described as follows: Lot 9 of Carlsbad Tract CT 05-09 (Bressi Ranch), in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15669, filed in the office ofthe County Recorder of said county, January 15, 2008 Rev. 2/15/2011 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH ("the Property"), and more particularly described in Exhibit "A" and shown on Exhibit "B" both attached hereto and incorporated by this reference; and B. WHEREAS, Spectrumflex is also the fee owner of that certain real property located on a portion of Lot 9 (APN's 213-263-21-00 through 213-263-23-00) on Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the Spectrumflex Owner's Association Parcel) and incorporated by this reference; and C. WHEREAS, CB Aquatic is the fee owner of that certain real property located on Lot 1 /Building A (APN 213-263-09-00) at 2704 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "CB Aquatic Parcel") and incorporated by this reference; and D. WHEREAS, TMK2 is the fee owner of that certain real property located on Lot 2/Building B (APN 213-263-10-00) at 2706 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "TMK2 Parcel") and incorporated by this reference; and E. WHEREAS, DDA is the fee owner of that certain real property located on Lot 3/Building C (APN 213-263-11-00) at 2708 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "DDA Parcel") and incorporated by this reference; and F. WHEREAS, Orion is the fee owner of that certain real property located on Lot 4/Building D (APN 213-263-12-00) at 2710 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "Orion Parcel") and incorporated by this reference; and G. WHEREAS, 2712 Gateway is the fee owner of that certain real property located on Lot 4/Building E (APN 213-263-12-00) at 2712 Gateway Road, Carlsbad, California, and Rev. 2/15/2011 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH more particularly described on Exhibit "A" attached hereto (the "2712 Gateway Parcel ") and incorporated by this reference; and H. WHEREAS, Campanil is the fee owner of that certain real property located on Lot 5/Building F (APN 213-263-13-00) at 2702 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "Campanil Parcel") and incorporated by this reference; and I. WHEREAS, JJMZ is the fee owner of that certain real property located on Lot 6/Building G (APN 213-263-14-00) at 2700 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "JJMZ Parcel") and incorporated by this reference; and J. WHEREAS, TK&C is the fee owner of that certain real property located on Lot 7/Building H (APN 213-263-15-00) at 2718 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "TMK2 Parcel") and incorporated by this reference; and K. WHEREAS, C3 is the fee owner of that certain real property located on Lot 8/Building I (APN 213-263-16-00) at 2716 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "C3 Parcel") and incorporated by this reference; and L. WHEREAS, 2712 Gateway, is the "developer" of that certain real property located on Lot 4/Building E (APN: 213-263-12-00) at 2712 Gateway Road, Carlsbad, California, and more particularly described on Exhibit "A" attached hereto (the "2712 Gateway Parcel") and incorporated by this reference; and M. WHEREAS, the Spectrumflex Owner's Association Parcel and the 2712 Gateway Parcel are sometimes hereinafter referred to collectively as the "Parcels;" and Rev. 2/15/2011 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH N. 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 parcel(s), 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 O. WHEREAS, Pursuant to Exhibit "B" attached hereto and incorporated by this reference, the Spextrumflex Owner's Association Parcel containing the Spectrumflex office/industrial plaza driveways and 269 parking spaces include 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; and P. WHEREAS, Pursuant to Exhibit "B" attached hereto and incorporated by this reference, the 2712 Gateway Parcel is Building E, a portion of Lot 4, containing approximately 10,566 square feet which Fortis Fitness & Strength intends to occupy ; and Q. WHEREAS, as part of the review of Fortis Fitness & Strength - CUP 12-09 located at 2712 Gateway Road, on the 2712 Gateway Parcel, it was determined that during peak hours of operation between 5:00AM and 11:00PM on weekdays and weekends, this specialty fitness gym could generate the need for up to 53 parking spaces; and R. WHEREAS, because at the time Spectrumflex Office/Industrial Park was approved for development it was not known what mixture of uses would occupy the 8 buildings on this site, containing 10 suites, approved for development by CT 05-09/PUD 05-07/PIP 05-06. Parking for the site was based on the assumption that the 10 suites would consist of 75 percent Rev. 2/15/2011 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH office, 15 percent manufacturing and 10 percent warehouse land uses. Based on this formula it was assumed that 2712 Gateway Parcel with an area of 10,566 square feet would have a parking demand of 37 of the 269 parking spaces in the parking area; and S. WHEREAS, the majority of other buildings on these parcels are occupied by or will be occupied by office, manufacturing and warehouse uses that have been developed below the anticipated parking demand (approved by CT 05-09/PUD 05-07/PIP 05-06) and are not generally occupied on weekends or after 5:00PM on weekdays; and T. WHEREAS, Building A and Building I have existing joint use parking agreements as recorded February 10, 2011 as Instrument No. 2011-0079381 of Official Records and as recorded July 29, 2011 as Instrument No. 2011-0386649 of Official Records; and U. WHEREAS, the Parcels are located adjacent to each other and access to the lots is achieved via Gateway Road; and V. WHEREAS, this Agreement is intended to satisfy Condition(s) No. 13 of the Conditions of Approval as set forth in Planning Commission Resolution(s) No. 6908 for Fortis Fitness & Strength on October 3, 2012. W. NOW, THEREFORE, Sprectrumflex Owner's Association, each individual Owner in the Spectrumflex Office/Industrial Park and 2712 Gateway Road, LLC "developer" covenant and agree to the terms as follows: 1. Parking Spaces. Each of the nine current owners has exclusive use of 5 parking spaces except for C3, LLC which has only 1 parking space for exclusive use (after eliminating 4 other parking spaces for other improvements), so that a total of 41 spaces are restricted . The remaining undivided total of 228 parking spaces shall be accessible, striped, and available 8:00 AM to 5:00 PM for the employees, guests, etc., of the Parcels as shown on Exhibit "B". Each Owner hereby grants and conveys to the other Owners and to their respective successors and assigns a perpetual, non-exclusive easement for parking on those portions of each Owner's Parcel improved for parking such that reciprocal parking rights shall exist among the Parcels for the benefit of the Owners and their tenants and occupants, and the employees, invitees and customers of such Owners, tenants and occupants. Fortis Fitness & Strength shall be allowed to Rev. 2/15/2011 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH utilize the non-exclusive parking as necessary for its use as other current owners have developed below the anticipated parking demand. Access. Owners and their respective successors in interest shall not construct or permit the construction of any structure in the parking areas within the parcels of or for the parcels or restripe the parking areas so as to reduce the delineated number of parking spaces pursuant to Exhibit "B" if the effect of such reduction will give rise to a violation of the City of Carlsbad's minimum parking requirements applicable to the parcels (without replacing any eliminated parking spaces with a at least as many additional parking spaces on such Owner's parcel as is necessary to comply with the City of Carlsbad's minimum parking requirement applicable to the Parcels) without approval of the City of Carlsbad City Planner. Nor shall Spectrumflex Owner's Association or their respective successors restrict access to such parking spaces by employees and guests of each of the Parcels. Enforcement. Spectrumflex Owner's Association shall be primarily responsible for enforcement of this Agreement. The City of Carlsbad may also enforce this Agreement through any and all means available, including recordation on the Property title or on the title of any parcel whose occupant violates this Agreement of a Notice of Violation, and revocation of CUP 12-09 - Fortis Fitness & Strength or the CUP of any violator operating on the Property. Covenant Running with the Land. This Agreement contained herein shall be recorded on the title for each parcel and shall constitute covenants, the burden and benefits of which shall run with the land and bind current and successive owners of the buildings on the Property. Modification or Termination. This 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 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. 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 Property that their use shall be benefited and/or burdened in the manner described herein. Rev. 2/15/2011 APPROVED AS TO CONTENT: \Y OF CARLSBAD DON NEU, City Planner Date 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH APPROVED AS FORM: CITY OF CARLSBAD CELIA A. BREWER, City Attorney MOBALDI (sistant City Attorney />-/y-/s' Date Rev. 2/15/2011 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Na 1 Signature and Date Print name and title OWNER Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO before me, Notary Public, personally appeared 'VCWSj T)AWW\VV^^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s/) is/a^ subscribed to the within instrument and acknowledged to me that he/sl?^e/tf>^y executed the same in his/h^r/tl/eir authorized capacity(i§fe), and that by his/h§r/tf)feir signaturej;^) on the instrument the person(^, or the entity upon behalf of which tbe personj;^) acted, executed the instrumenL 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. Bi^^^ HEroflMCK^RIS * NOTAW PUBLIOCALIFORNlAi COMM. NO. 1960740 5: IVSIkk^y SAN DIEQO COUNTY (Signature of Notary) SAN DIEOO UAJNTY • MY COMM. EXP. NOV. 18,2016 | Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name ure and Date /A//^ef:i Print name arid title OWNER: name and title (Propernotarial 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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On J^iftitty ^. before me, Ja*^^s ^ /j/^yte^^ Notary Public, personally appeared Jon Al^A^j- , 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. 1 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. li a • i (Siga^ture of Notary) JAMES W. FALKNER f Commission # 1919373 \ Notary Public - California 1 Orange County g '•^ MyComm. Expires Jan 25,20151 Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name Signature } and uate amp anH titip 1 1 Print name and title OWNER: Owner's Name Signature and Date Print name and title OWNER: name and title (Propernotarial 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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Notary Public, who proved to me _ JOLfAV^ry f.c^/^/f before me fe,S<:, personally appeared 0_f^j^:<<iq /\P \ / ^-e r on the basis of satisfactory evidence to be the person(s) whose namej^ is/afe-subscribed to the within instrument and acknowledged to me that iie/she/they-executed the same in ]:«s/her/thefi^ authorized capacity(i0s7^ and that by his/her/their signaturej^^ on the instrument the personj(8^, 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 hand and official seal Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: ^)i)A^ \ hSoo^cJ-^^ LLO ner s Nanrfe Owner' ature and Date Signature Print name and title (Propernotarial 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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO Ch/nUdry y^rPol? before me, djcliJU To^S Notary Public, i^ly appeared J)^iyi)p y /\ 1^/^ n0^f , who proved to me On personally appeared \A)f?\j on the basis of satisfactory evidence to be the person^sf whose name^sf is/are-subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/her/their authorized capacity(ies:)r7and that by his/her/their signature(s^ on the instrument the person.(^jr 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. MtCHEUEMSS WITNESS my hand and official seal. '(HT^iTM^ ComnHttton # 1992973 Notary PubNe • Ctltfornia San Oiaoo County ^ MyConww.EKrtfaaOct30.2016l Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name Signature and Date nd title \I ^ ^ Print name and title OWNER: Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, '/dd F^sS Notary Public, ., who proved to me personally appeared on the basis of satisfactory evidence to be the persori(«fwhose namej^s) is/are^ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herTtheir authorized capacity(jie€5', and that by his/her/theii-signature(»^on the instrument the personj^r^ 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 m\4hand and official seal 1992973 y^'S^-CallfomJa ^«t9© County LOct 30.201181 Rev. 12/17/2007 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER CL<L Print hapne and title OWNER Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 13 before me, /[/ jcl^fl^ /^^^ Notary Public. personally appeared JJ^ C, £ . j/jAo > 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 hand and official seal. COMRllfi^ll^ 1992973 ' •ikt-ZM;^^. Hi iMta " ' f'iHtii'BMli"" IWMiy I^HPK * wMIOfflINi Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: tRfr)moi]L &twuf LLC Owner's Name Print name and title OWNER: Yint name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF OAN DIEGO On Jan M,ZQll) before me, jLtncjc^ Klalho'i/'^ Notary Public, personally appeared _ hg-g/KiC. , who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^) is/afe subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hef/their authorized capacity(ie»), and that by his/hw/their signature's) 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 handand official seal. <:^II^'-^H^-7^—^ TyS'^btlNDA MALHOTRAJ^ (Sigr^^ture of Notary) t^^^^^^^s? Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: J^rY]?:,LLC Owner's Name Signature and paie Print name and title OWNER: Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTYOF SAN DIEGO On before me. personally appeaffed a ^k/k/n Notary Public, , who proved to me on the basis of satisfactory evidence to be the personj^^hose namej;s) is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/henthetr authorized capacity(je$)y and that by his/her/their signature(s) on the instrument the person(s)r or the entity upon behalf of which the personj^sf 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 corrects WITNESS my hand and official seal otary) CofflmiatioR # 1992973 Notary l>yMie. California ^ ««»0»«90 County 2 Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: ""PVC 4 C POOPrulTi/eS, LLCw Owner's Name Signature an( Print name and title OWNER: Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 3Q/1> Tt'elOi^ before me, C^f\ihiCk {\.}plL^ Notary Public, personally appeared ^l^Ps TOUL^XoC* , who proved to me on the basis of satisfactory evidence to be the person^af whose name(«f is/afe^ubscribed to the within instrument and acknowledged to me that heii»he/#teyexecuted the same in his/^tecftheir authorized capacity(jd«;): and that by his^ber/ttwir signaturei;^^ on the instrument the person^, or the entity upon behalf of which the person^facted, 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. mm WITNESS my hand and official seal. ^T^S^^^^^'^frnttSS ti^3u Gofwntesion # 1969822 (Signature of Notary) 1 Nolary PuMic - CaMorma San Ditgo County g Comm Exolfts Oct 9.201Sl Mv Conwn. Expirts c Rev. 12/17/2007 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: C3 Cenk^ L,LC^ Owner's Name rint name and title v) Print name and title OWNER Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califomia County of San Diego > SS. On / 1^/before me, Michelle Fass, 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 she executed the same in her authorized capacity, and that by her 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 ofthe laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Commisaion # 1992973 Notary Public. California ^ San 01000 County M|r Comm. EiprM pet 30.2016^ NOTARY PUBLIC SIGNATURE OPTIONAL Description of Attached Document Document Type: ,Jo'f//7^ /^/^g r t//l^ Document Date: No. of Pages: Signer(s) Other Than Named Above: 213-263-09-00 THRU 213-263-16-00 & 213-263-21-00 THRU 213-263-23-00 CUP 12-09 - FORTIS FITNESS & STRENGTH Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Owner's Name // >^ . Signature and^ate Print name and title OWNER: Print name and title (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). * For more than three owners, please print copies as needed. Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On Sjljl^ before me. /ylicliJ/f ^^5< personally appeared ^ /( ^ I I j fO /f^ ^ , who proved to me Notary Public, on the basis of satisfactory evidence to be the person{5)^hose name^sf is/Erre~subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/ttieir authorized capacity(i^»)rand that by his/her/their signatur§(6rfon the instrument the person(s), or the entity upon behalf of which the persori(«7acted. 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. '•ftMiSUli I ^MTILM^ CM WITNESS mv hand a«d offi( Cwwniaaloii # 1992973 il^H9 N^^VMe'CaNfomla l\a^Kf San 01090 Counly ^ Rev. 12/17/2007 EXHIBIT "A" 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: PARCELI: 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 tp 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 Owner: CB Aquatic Ventures, LLC 213-263-10 (Lot 2) Building B Owner: TMK2, LLC 213-263-11 (Lot 3) Building C Owner: DDA & Associates, LLC 213-263-12 (Lot 4) Building D Owner: Orion Real Estate Operations, LLC 213-263-12 (Lot 4) Building E Owner: 2712 Gateway Road, LLC 213-263-13 (Lot 5) Building F Owner: Campanil Group, LLC 213-263-14 (Lot 6) Building G Owner: JJMZ, LLC 213-263-15 (Lot 7) Building H Owner: TK&C, LLC 213-263-16 (Lot 8) Building 1 Owner: C3 Center, LLC 213-263-21 (Portion Lot 9) Owner: Spectrumflex Owner's Association 213-263-22 (Portion Lot 9) Owner: Spectrumflex Owner's Association 213-263-23 (Portion Lot 9) Owner: Spectrumflex Owner's Association EXHIBIT "B" PALOMAR AIRPORT ROAD