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HomeMy WebLinkAboutRP 10-46; Veck Investments LLC; 2013-0598455; Joint Use AgreementDOCtt 2013-0598455 llllllllilillllllllllllillllllllll IIIIIIII OCT 02, 2013 11:16 AM RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carisbad, California 92008-1989 0 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 48.00 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 203-352-18 RP 10-46/CDP 10-32 JOINT USE PARKING AGREEMENT This Joint Use Parking Agreement ("Agreement") is entered into on <)l/t-S T-fZOVb between the Vista Assembly of God church ("Vista Assembly of God") and Veck Investments, LLC ("Veck Investments"), sometimes hereinafter referred to collectively as the "Parties" with respect to the following facts; RECITALS A. WHEREAS, Veck Investments, LLC, is the owner of that certain real property located at 880 Carisbad Village Drive, Carisbad, California (APN: 203-354-06), shown on Exhibit "A" and more particulariy described in Exhibit "B" attached hereto and incorporated by this reference (the "Veck Parcel"); and B. WHEREAS, the Veck Investments project known as Seaside Village Comer at 880 Carisbad Village Drive was approved for development by RP 10-46/CDP 10-32 for commercial and office uses, and parking for the site was based on the assumption that the 9,777 net square foot building would consist of one hundred percent commercial uses; and C. WHEREAS, as part of the review of the Seaside Village Corner permits, it was determined that this commercial/office use could generate the need for up to 34 parking spaces; and 12 Rev. 2/15/2011 Assessor's Parcel Number: 203-352-18 Project Number and Name: RP 10-46/CDP 10-32 D. WHEREAS, there are only 16 Parking spaces on the Veck Parcel; and E. WHEREAS, Veck Investments has paid a Paricing In-Lieu Fee for an additional nine (9) parking spaces, and therefore, now has a requirement to provide nine (9) parking spaces; and F. WHEREAS, Vista Assembly of God is the fee owner of the parking lot located at 825 Carisbad Village, City of Carisbad, Califomia (APN # 203-352-18) immediately to the west of the Veck Parcel and more particulariy described in Exhibit "C" and shown on Exhibit "D" both attached hereto and incorporated by this reference ("Parking Lot"); and G. WHEREAS, the Parking Lot is .64 acres with 51 parking spaces used by the Vista Assembly of God church on property adjacent to the Paricing Lot and access to the lot is achieved via Carisbad Village Drive and Harding Street; and H. WHEREAS, the Vista Assembly of God does not use the Parking Lot spaces between the hours of 8:00 AM and 5:00 PM, Monday through Saturday; and I. WHEREAS, the Veck Parcel and the Parking Lot are within 300 feet from each other as required by the Village Master Plan and Design Manual if a joint use parking agreement is to satisfy a development's onsite parking requirement, as required by Condition No. 42 of the Conditions of Approval as set forth in Planning Commission Resolution No. 6794 for RP 10-46/CDP 10-32 on August 3, 2011; and J. WHEREAS, Veck Investments will lease nine (9) paricing spaces from the Assembly of God in the Parking Lot to satisfy the parking requirement for the Seaside Village Corner project; and iREAS, the Agreement contained herep^jshafTconstitute covenants, the burdens and benefits of which shall ru^jSSfi^tf^^teH^^ Vista Assembly of God and all successive ownerejrfHtlereal property described in Exhibit "C!''"~^"Ace©cdij3aly, by their acseptartce of a deed or other instruments vesting in such owner fee title in the aforementioned Rev. 2/15/2011 Assessor's Parcel Number: 203-352-18 Project Number and Name: RP 10-4g^ "pSTceMbS.owner shall own such fee title subject to, andhe!:gby--co7§nar^ts and agrees to be bound by, the covenants ando5ngatiDne4dl33m^rt upon the owner of such real property as set forth herein and^sbaH'^eentitled to all rights and benefits acowigTD-ihe-OMaTe^ such real Jerty hereunder; and L. WHEREAS, this Agreement is intended to satisfy Condition No. 42 of the Conditions of Approval as set forth in Planning Commission Resolution No. 6794 for RP 10- 46/CDP 10-32 on August 3, 2011. M. NOW, THEREFORE, Vista Assembly of God and Veck Investments, covenant and agree to the terms as follows: 1. Parking Spaces. At least 9 parking spaces shall be accessible, striped, and available for the employees and patrons of the occupants of the Veck parcel as shown on Exhibit "D". Vista Assembly of God hereby grants and conveys to Veck Investments and to their respective successors and assigns a perpetual, non-exclusive easement for parking on those portions of the Assembly Parcel. Vista Assembly of God and their respective successors in interest shall not construct or permit the construction of any structure on the Parking Lot or restripe the Parking Lot so as to reduce the delineated number of parking spaces if the effect of such reduction will give rise to a violation of the City of Carisbad's minimum parking requirements applicable to the Veck and Parking Lot Parcels (without replacing any eliminated parking spaces with at least as many additional parking spaces as is necessary to comply with the City of Carisbad's minimum parking requirement applicable to the Veck and Parking Lot Parcels) nor shall Vista Assembly of God or their respective successors in interest restrict access to such parking spaces by employees and guests ofthe Veck Parcel. 2. Access. Vista Assembly of God and their respective successors in interest shall not construct or permit the construction of any structure in the access aisles within the Parking Lot or restripe the Paricing Lot so as to reduce access aisles pursuant to Exhibit "D". Any vehicular access modifications shall be required to comply with the Carisbad Municipal Code requirement subject to the approval of the City of Carisbad City Planner. Nor shall Vista Assembly of God or their respective successors restrict access to such parking spaces by employees and guests of Veck Investments or their successor owners. 3. Enforcement. Veck Investments shall be primarily responsible for enforcement of this Agreement. The City of Carisbad may also enforce this Agreement through any and ail means available, including recordation of a Notice of Violation, on the Parking Lot and/or Veck Parcel property titles, and by revocation of RP 10- 46/CDP 10-32 - Seaside Village Corner. Rev. 2/15/2011 Assessor's Parcel Number: 203-352-18 Project Number and Name: RP 10-46/CDP 10-32 Covenant Running with the Land. This Agreement shall be recorded on the property title for the Veck Parcel and Vista Assembly of God Parking Lot 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 tenninated except by written agreement approved by the City Attorney and executed by each of the Parties 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 ail 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 Each of the undersigned Owners has read and understood the above agreement for the reciprocal access and parking. OWNER: Signat Print name and title LESSEE: veg^ iM\/esTmeNrr5, LL(L Lessee's Name ignaturje^nd Date Signatu 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. OthenA/ise, 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. APPROVED AS TO CONTENT: OF CARLSBAD ZL DON NEU, City Planner Date Rev. 2/15/2011 APPROVED AS TO FORM: CITY OF CARLSBAD CELIA BREWER, City Attorney Assessor's Parcel Number: oj^ct Number and Name: Date JANE MOBALDI resistant City Attorney NOTARIZED CERTIFICATE ATTACHED Rev. 2/15/2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, Notary Public, personally appeared ^^^dbCf'-VOfiXA Srod^S , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe-subscribed to the within instrument and acknowledged to me that he/siaeAt^ey executed the same in h\s/\!ml^\r authorized capacity(4d6^, and that by his/hor/thoig signature(«) on the instrument the person(6), 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 of Notary! K.DEAHCELtS ( COMM. #1873415 x Notary Public - California g Riverside County 2 My Comm. Expires Dec. 17 2013 J Rev. 12/17/2007 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^Prh4 P'g (SLO On before me, Date personally appeared } Here Insert Name and Title of the^Officer Name(s) of Signer(s) MARY E. EDWARDS COMM. #2022141 NOTARV PUBUMMffOMi^ SAN OlEOO couwrv My CommMon Expirw APRiL27.a0t7 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^ whose name(g() is/aw subscribed to the within instrument and acknowledged to me that l=>e/she/t+iey executed the same in hrs/her/tl^eir authorized capacity(ies)rand that by his/her/tNetf signature(s)'on the instrument the personj^, 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 h 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • 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 EXHIBIT A Vista Assembly of God Parcel 51 Parking Spaces Exhibit "B" Lots 13 through 20, in Block 56, of amended map in the City of Carlsbad, County of San Diego, State of Califomia, according to map thereof no. 775, filed in the Office of the County Recorder of San Diego, February 15, 1894. Exhibit "C" Lots 29, 30, 31 and 32, in block 56 of amended map of the town of Carlsbad, County of San Diego, State of Califomia, according to map thereof No. 775, filed in the office of the County Recorder of San Diego County, Febmary 15, 1894; and Excepting from said Lot 32, that portion thereof conveyed to the City of Carlsbad by deeds recorded October 2, 1990 as file nos. 90-538340 and 90-53841 both of official records of said San Diego County. EXHIBIT "D' ALLEY m 5 7) f-0) a < r- Q m o < m Q HARDING STREET