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Home My WebLink AboutPUD 08-04; Callaway Golf Company; 2009-0391107; Parking AgreementRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) >) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) DGC# 2009-0391107 JUL16,2009 8:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER.. COUNTY RECORDER FEES: 33.00 WAYS: 2 PAGES: Space above this line for Recorder's use Assessor's Parcel No. 212-061-39, 212-062-08 PUD 08-04 - Callaway Golf RECIPROCAL PARKING AND ACCESS AGREEMENT <?7 *9This Reciprocal Parking and Access Agreement ("AGREEMENT") is entered into on the 0\ f day of ^/g*u/A/u/|^-2009 by CALLAWAY GOLF COMPANY ("CALLAWAY") with respect to RECITALS the following facts: A. WHEREAS, CALLAWAY is the owner of real property in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit "A" attached hereto and incorporated by this reference. B. WHEREAS, pursuant to Exhibit "B" attached hereto and incorporated by this reference, Lot 16 of Carlsbad Tract No. 81-10 is developed with one building (identified as "Existing Building 1") totaling 127.297 square feet and an associated 325-space parking lot. Said property is addressed as 2285 Rutherford Road, APN 212-062-08. C. WHEREAS, pursuant to Exhibit "B". Lots 18 and 19 of Carlsbad Tract No. 81-10 are developed with one building (identified as "Existing Building 3") totaling 80,620 square feet and an associated 222-space parking lot. Said property is addressed as 5960 Pascal Court, APN 212-061-39. D. WHEREAS, CALLAWAY utilizes each of the existing buildings for a variety of heavy commercial uses including office, warehouse, and manufacturing, all of which comply with the Carlsbad Research Specific Plan, SP 180(F), C-M (Heavy Commercial) Zone regulations, and the PI (Planned Industrial) General Plan Land Use designation. E. WHEREAS, Lots 16, 18 and 19 of Carlsbad Tract No. 81-10 ("Callaway Properties") are located adjacent to each other and access between the lots is achieved via an existing private driveway. F. WHEREAS, the combined number of parking spaces for Lots 16, 18, and 19 of Carlsbad Tract No. 81-10 amounts to 547 off street parking spaces. JOINT PARKING.FRM Rev. 11/16/95 Parcel No. 212-061-39, 212-062-08 PUD 08-04 - Callaway Golf G. WHEREAS, it is the intent and desire of CALLAWAY by this AGREEMENT to share said existing 547 parking spaces and access between Lots 16, 18 and 19 (Carlsbad Tract No. 81-10) to allow greater flexibility to comply with the parking requirements for all permitted uses pursuant to the Carlsbad Research Specific Plan, SP 180(F) and the Carlsbad Municipal Code ("CMC") Chapter 21.44. H. WHEREAS, said Reciprocal Parking and Access Agreement is intended to satisfy Condition No. 8 of the Conditions of Approval set forth in the Non-Residential Planned Development Approval letter (PUD 08-04) for CALLAWAY dated October 7, 2008. I. WHEREAS, pursuant to PUD 08-04, Condition No. 8, the CITY is authorized to enforce the terms and conditions of this AGREEMENT in the same manner as any owner. NOW, THEREFORE, CALLAWAY covenants and agrees to the terms as follows: 1. Parking Spaces. An undivided total of 547 parking spaces shall be accessible, striped, and available at all times for the employees and guests of the CALLAWAY Properties as shown on Exhibit "B". CALLAWAY and its successors in interest 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 "B" nor shall CALLAWAY or its successors in interest restrict access to all 547 parking spaces by employees and guests of each of the three (3) parcels. 2. 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 successive owners of the CALLAWAY Properties. Accordingly, by its acceptance of a deed or other instruments vesting in such owner fee title in the any of the aforementioned CALLAWAY Properties, the owner shall take 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. 3. Modification or Termination. The AGREEMENT shall not be modified or terminated except by a written agreement approved by the CITY and executed by each of the owners of the CALLAWAY Properties 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. 4. 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 CALLAWAY Properties that their use shall be benefitted and/or burdened in the manner described herein. JOINT PARKING.FRM Rev. 11/16/95 Parcel No. 212-061-39, 212-062-08 PUD 08-04 - Callaway Golf I have read and understood the above agreement for the reciprocal access and parking. .Dated this &? day of U**^')^ , 20 09 OWNER: Callaway Golf Company, a Delaware corporation Owner's Name Signature David A. Laverty Senior vice President, Operations Print name a ^Sfignattffe Brian P. Lynch Vice President, Corporate Secretary Print name and title 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). APPROVED AS TO FORM: DON NED, Planning Director RONALD R. BALL, City Attorney By: JAhfe'MOBALtDI, " Assistant City Attorney JOINT PARKING.FRM Rev. 11/16/95 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On -- before me, f^ fcT fc u _ Notary Public, personally appeared Ddt/Cc* ft. LqyerfW f /OKfQ/1 f. L<jnCf)v/ho 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. 18087M **aryPu«»c-CiWofnH SMOtoeoC«N* jftLComm.EtttKtAnal 2912m JOINT PARKING.FRM Rev. 12/17/07 Reciprocal Parking and Access Agreement PUD 08-04 - CALLAWAY GOLF EXHIBIT "A" LEGAL DESCRIPTION APN 212-061-39: Lots 18 and 19 of Carlsbad Tract No. 81-10, Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10330, filed in the Office of the County Recorder of said county, February 18, 1982. APN 212-062-08: Lots 16 of Carlsbad Tract No. 81-10, Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10330, filed in the Office of the County Recorder of said county, February 18, 1982. Rutherford Road Existing Building 2 NOT A PART Existing Building 8 NOT A PART Lot 16, Tract No. 81-10 Existing Building 1 2285 Rutherford Road 127,297 SF Existing Building 3 5960 Pascal Court Lot 18, os19 80,620 SF Tract No. 81-10 k Tract No. 81-10 <j> 260.00' _| xlfcteEl \:&\ IU- SOURCE: Smith Consulting Architects. August 2008 J:\RequeHiV3lanning\40S571S_Oi Callaway Golf, Exhibit B Site Plan, PUD 08-04