Loading...
HomeMy WebLinkAboutRP 10-34; MANNOS AND BARRILLES; 2011-0255615; Parking AgreementRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 DOCtt 2011-0255615 MAY 17, 2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 203-306-11 and 203-306-09 RP 10-34 SHARED PARKING AGREEMENT n _, 2011, by andThis shared parking agreement ("Agreement") is entered into on ; between Maria and Larry Manno ("Mannos") and Jackie and Joe Barille ("Barrilles"). Subject to the terms and conditions set forth in this Agreement, the Mannos, for adequate consideration which is hereby acknowledged, do agree to share eleven (11) parking spaces ("Shared Parking") with the Barrilles for their Cafe Topes restaurant business on property the Mannos own and operate as the New York Pizzeria restaurant business located at 3067 Roosevelt Street, Carlsbad, CA (APN: 203-306-09). Said Shared Parking is more particularly identified in the site plan on "Exhibit A " attached hereto and incorporated herein by reference. I.Term and Termination The term of this Agreement shall commence upon approval of a City of Carlsbad business license issued to the Barrilles to operate the Cafe Topes restaurant located at 3091 Roosevelt Street, Carlsbad, CA (APN: 203-306-11), and shall end only upon expiration or termination of said business license for the Cafe Topes restaurant. II.Use of Space The Mannos have agreed to share the parking at 3067 Roosevelt Street for the New York Pizzeria to satisfy a condition of approval for administrative Review Permit no. 10-34 for the Berrilles' Cafe Topes restaurant to be located at 3091 Roosevelt Street,. The Berrilles shall utilize said Shared Parking owned by the Mannos as set forth herein. The Shared Parking shall be used by Berrilles' employees, customers and visitors for the sole purpose of parking their personal vehicles when working for and/or visiting Cafe Topes. The Berrilles may not conduct any business activities on the Shared Parking at any time. No commercial vehicles may be parked on the premises at any time. The Mannos grant the Barrilles, their employees, customers, and visitors use of the Shared Parking from 6:00 A.M. until 2:00 P.M. daily. The Mannos shall operate their restaurant business from 2:00 P.M. to 6:00 A.M. daily and use the Shared Parking during these hours only for customers, visitors and employees of New York Pizzeria. There shall be no changes in this agreement or the uses of the Shared Parking without the approval of the Carlsbad City Council or Carlsbad Housing and Redevelopment Commission. III. Barrilles Obligation Barrilles, at Barrilles sole cost and expense, shall keep the Shared Parking in substantially the same condition and repair as it was upon the commencement of this Agreement. Barrilles shall also be responsible to keep the Shared Parking free of dirt and debris at all times. IV. Non-Liability of Mannos Mannos and their employees shall not be liable for any personal injury suffered by the Barrilles or the Barrille's employees or visitors or any damage to or destruction or loss of any personal property located or stored upon the Shared Parking. This provision includes but is not limited to acts of theft, burglary, vandalism, assault or other criminal activity, as well as loss or damage of Barrille's property in the Shared Parking or on the property that may be caused by fire, windstorm, explosion or other cause, or by the act, or omission of any other persons on the property. The Barrilles accept the Shared Parking "as is" and the Barrilles acknowledge that the Mannos have not made and are not making any warranties whatsoever with respect to the Shared Parking. The Barrilles acknowledge that the Shared Parking is not secured or monitored by the Mannos, and that the Mannos are not responsible for supervision of any portion of the Shared Parking. V. Idemnification The Barrilles agree to indemnify, protect, defend, and hold harmless the Mannos and their employees from and against any and all obligations, causes of action, claims, costs, injuries, damages, penalties, demands, expenses, attorneys' fees, judgments, interest and/or liabilities of any nature or kind, arising from, out of, or in any way related to this Agreement. The foregoing indemnity shall survive the expiration, cancellation, or termination of this Agreement. VI. Notices Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee of that party or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Mannos at 3067 Roosevelt Street, Carlsbad, California, 92008 or to Barrilles at 3091 Roosevelt Street, Carlsbad, California, 92008. Either party may change its address for purposes of this paragraph by giving written notice of the change to the other party in the manner provided in this paragraph. VII. Governing Law This Agreement, and any and all disputes arising out of or relating to this Agreement, or its subject matter, enforceability or breach thereof, shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, and venues for any dispute shall be in the courts of San Diego County. VIII. Entire Agreement This instrument constitutes the sole and only full, final, and complete agreement between the Mannos and the Barrilles with regard to the subject matter of this Agreement and correctly sets forth the obligations of Mannos and Barrilles to each other as of its date. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written and has been induced by no representations, statements, or agreements other than those herein expressed. This Agreement may not be extended, amended, modified, altered or changed, except in writing signed by Mannos and Barrilles. If any provision herein is declared invalid, it shall be considered deleted and shall not invalidate the provisions that remain. MANNOS AND BARRILLES HAVE CAREFULLY READ AND REVIEWED THIS AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS AGREEMENT SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS AGREEMENT IS EXECUTED, THE TERMS OF THIS AGREEMENT ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF MANNOS AND BARRILLES WITH RESPECT TO THE PREMISES, AND THAT THIS AGREEMENT SHALL BE RECORDED AGAINST BOTH PROPERTIES AS A NOTICE OF RESTRICTION ON THE OPERATIONS OF BOTH BUSINESSES AS SET FORTH WITHIN THIS AGREEMENT. The parties hereto have executed this Agreement at the place and on the dates specified above their respective signatures. Executed at: on: £?>- By MARIA Address: Telephone: ( Facsimile:! ) Executed at: on: 3 JACKIE BARRILLE AddreJs Telephone: (7 ) V 51J ~ Facsimile: ( 7)6 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On U Date personally appeared before me, ) Here Insert Carrie and Title of the Officer Name(s) of Signer(s) OFFICIAL SEAL DAREN VASS NOTARY PUBLIC-CALIFORNIA!COMM. NO. 1910364SAN DIEGO COUNTY MYCOMM. EXP. NOV. 21, 2014 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 t>e/sjne/they executed the same in rjjs/rjer/their authorized capacity(ies), and that by hi?r/ljier/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 harfd and official deal. Place Notary Seal Above Signatun OPTIONAL Though the information below is not required by law, it may prove valuable to persons relyinrsn 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) ^therThan 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: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared Name(s) of Signer(s) OFFICIAL SEAL DAREN VASS who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(^) is/are subscribed to the within instrument and acknowledged to me that tye/she/they executed the same in hte/her/th^ir authorized capacity(i^s), and that by hjs/her/ttyeir signature^) on the instrument the person(sX or the entity upon behalf of which the person(^) acted, executed the instrument. Place Notary Seal Above Signature OPTIONAL - I certify under PENALT of the State of Calr true and corre WITNE JJRY under the laws going paragraph is Though the information below is not required by law, it may prove valuable to persons relyidcj 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: 1*. Number of Pages:. Signers'1 Oiher Than Earned ADove: 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: RIGHTTHUIUIBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On H Date personally appeared before me, Here Iftsert Name and Title of the Officer Name(s) of Signer(s) OFFICIAL SEAL DAREN VASS SAN DiEGO COUNTYMY CQMM. EXP. NOV. 21, 2014 I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(fc) whose name(£) is/are subscribed to the within instrument and acknowledged to me that ^e/she/tn^y executed the same in hife/her/their authorized capacity(ie6), and that by hig/henWeir signature(6) on the instrument the person^), or the entity upon behalf of which the person(^yacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califorrjia^thaJ the foregoing paragraph is true and correct. WITNESS^ny hand and o/fcial Signature OPTIONAL y Though the information below is not required by law, it may prove valuable to persorTs-fdlying on the document and could prevent fraudulent removal and reattachment otsmis form to anothfnjlocument. Description of Attached Document Title or Type of Document: Document Date: v^Number of Pages: 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: Signer Is Representing:. RIGHTTHUMBPRIWT OF SIGNER Top of thumb here 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: 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 ing Alley8 - ,*,r A " Share*! Parking Parting spaces Existing New York Pizzeria 3067 Roosevelt in Lot 10 140' Lot 11 Cafe Topes 3091 Roosevelt OAK STREET f 2 Concetual Site Plan op t