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HomeMy WebLinkAboutCT 84-06; Carlsbad Inn Ltd; 84-413869; Parking AgreementBQ-9Xa5 f 7 I *--* " "e rg@n 0 I ?f .% * .- .% c ' RECORDING REQUESTED BY 5~ewNx n& 6. WHEN RECORDED MAIL TO: !33j &-J; - i :;! 5: 5 City Clerk \\f 7r- ;., 1200 Elm Avenue Carlsbad, CA 92008 , I_ 1 CCL%[ 'r - 936%- \ NC Carlsbad Inn RECIPROCAL PARKZNG AGREEMENT This Agreement (herein "Agreement") is made the 10th day of October, 1984 by Carlsbad Inn, Limited, a California Limited Partnership (herein "Carlsbad Inn") with respect to the following facts: (herein "Property") situated in the County of San Diego, State of California, containing approximately 4 acres, legally described as follows: 1. Carlsbad Inn is the owner, developer and subdivider of real property Lots 1 through 4 of Carlsbad Tract No, 84-6 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Ns. 11049 es file5 fa: ierord in the Office of the County Ekeorder of San Diego County, recorded on October 3, 1984. 2, Carlsbad Inn desires to develop property into mixed uses, including but not limited to: vacation condominiums, 9 hotel, retail corn mercial shops and a restaurant on lots as designated on Tentative Map #CT 84-6 attached hereto as Exhibit "B". 3, Carlsbad Inn desires by this agreement to provide parking spaces as required by the City of Carlsbad to serve all uses within the property, NOW, THEREFORE, the terms of the agreement are as follows: a, That the terms hereinafter made are of mutual benefit to all parties, b. That the Carlsbad Inn owners, guests, invitees, tenants, heirs, successors and assignees shall have the right of ingress and egress to their respective properties and to use the parking areas as follows: The 224 spaces contained within the parking structure of Lot 1 w:J be allocated in the following proportion - Vacation Condaninium CXNners 132 Lot 1 Hotel 66 Lot 2 Retail/Restaurant 26 Lots 3 and 4 .m - -. e 0 .*“h bw .*u \I 2’93 .- The 56 spaces contained within the parking area of Lot 2 will be for the use of guests, customers and tennants of the restaurant and retail buildings on Lots 3 and 4, respectively. That this agrement shall be binding upon and inure to the benefit of c. the assignees and successors in interest of the properties or any portion thereof and may not be rescinded, amended or modified without the written consent of the City of Carlsbad, d. That should a dispute arise and the services of an attorney be required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and court costs in addition to any other relief to which they might be entitled. IN WITNESS WHEREOF, this agreement has been executed the day and year first above written, Dated: Oc.roA&R 29 /9Ff CITY OF CARLSBAD CARLSBAD INN, LTD., A California Limited Partnership By: Winners Circle Resorts International, Inc,, Cdeneral Partner c-- BY BY F. D. ALESHIRE, City Manager Vincent F. Biondo, Jr. City Attorney and By: -- ATTEST : Jam e‘s M . W atkins, Individually Co-General Partner -2- t : ' b., -8 0 0 & t bg,-v - 274 STATE OF CALIFCWNIA) (XKNIY OF SAN DIEGO) SS On -, 1984, before me, the undersigned, a Notary Public in and for said County and State, personally appeared James M. Watkins, personally known to me to be a Co-General Partner of the Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. iNy c av 17th, 1988 Notary Public in and for said State and County STATE OF ClsZLImIA) COWIT OF SAW DIEGO) SS on October loth, , 1984, before me, the undersigned, a Notary Public in and for said County and State, personally appeared James M. Watkins, personally known to me to be the President, and Richard Pitchford, personally known to me to be the Secretary of the Corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said Corporation and acknowledged to me that said Corporation executed the within instrument pursuant to its By-laws or a resolution of its Board of Directors; said Corporation being known to me to be a Co-General Partner of Carlsbad Inn, Ltd., a Limited Partnership, the Partnership that executed the within instrument, and acknowledged to me that such Corporation executed the same as such Partner and that such Partnership executed the same. WITNESS my hand and official seal. 17th, 1988 aid County and State