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HomeMy WebLinkAboutSP 25A; BOB WATSON; Planning CommissiondUSt xuc: 5a2 Box 12sYai 3 SKP Box Nbr: SANØ 1950314 File Sep: 00003 Column Id: 13545388 FileDesor: INTER B I 1111111 (III 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 liii 11111 111(1 11111 liii liii * eeeeeciasss * HARVEY LYONS October 26, 2007 City of Carlsbad Attn: Don Neu 1635 Faraday Ave Carlsbad, CA 92008 Re: 3050 Pio Pico Drive, Carlsbad, CA 92008 Dear Mr. Neu, Herewith attached is a copy of the recorded document. Please see the last page for reference. Please call me with any questions you may have. 4'Ofr %ot)47 2007 3252 Holiday Ct. #223 • La Jolla, CA 92037 858-452-8363/tel • 858-450-1843/fax - Please complete this information. S RECORDING REQUESTED BY: - '7a.2i7- Hm&76?I,q IT 6h AND WHEN RECORDED MAIL TO: ,4Qi'sy 1-'om 3252- c2 . THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 26. 2007 DOCUMENT NUMBER 2007-0686366 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDERS OFFICE TIME: 2:19 PM Space above this line reserved for Recorder's Use Only Govt. Code 27361.6 (Please fill in document title(s) on this line) Govt. Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Govt. Code 27361.6 (Additional recording fee applies) S . Recording Requested By: Fidelity National Title Co When Recorded Mail To: Harvey Lyons 3252 Holiday Court #223 La Jolla CA 92037 SPACE ABOVE THIS LINE RESERVED FOR RECORDERS USE Supplemental Agreement for Joint Parking and Maintenance This Agreement is made this 30th DAY OF AUGUST 2007 between BJ Properties & Management, LLC, a Nevada Limited Liability Company, to be held in Series C, hereinafter referred to as "BJ Properties", the owner of Parcel A, and Harvey Lyons, as Trustee of The Lyons Revocable Family Trust, hereinafter referred to as "Lyons Trust" the owner of Parcel B. BJ Properties is the successor in interest to COLONIAL MALL LTD, a Limited Partnership and is the owner of Assessors Parcel No# 156-180-45 at 1207 Carlsbad Village Dr Carlsbad CA 92008, more fully described as Parcel A in the City of Carlsbad, County of San Diego, State of California, as shown at Page 3204 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, November 13, 1974, and hereinafter referred to as Parcel A and having acquired its ownership interest pursuant to a grant deed dated May 22, 2006 and recorded on June 7, 2006 as Document No. 2006-0401590 of the official records of the County Recorder of San Diego County. The Lyons Trust is the successor in interest to CARLSBAD INVESTMENT CORPORATION, and is the owner of Assessors parcel No # 156-180-44-00, at 3050 Pio Pico Dr Carlsbad CA 92008 more fully described as Parcel B of Parcel Map No. 3598, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 28, 1975, hereinafter referred to as Parcel B; having acquired its ownership pursuant to a grant deed dated February 18, 2004-and recorded February 20, 2004 as Document No. 2004-0132913 of the official records of the County Recorder of San Diego County. BJ Properties and the Lyons Trust, as the successor owners of record of Parcel A and Parcel B as described above, hereby agree to replace and supercede in its entirety, that certain agreement executed on December 28, 1981 and recorded on January 13, 1982 as document # 82-008986 of the official records of the County Recorder of San Diego County, hereinafter referred to as the 1982 Agreement, and replace it with this document. BJ Properties and the Lyons Trust, as the successor owners of Parcel A and Parcel B hereby supplement and further define the extent of the joint use of parking facilities over Parcel B, as granted to Parcel A in the agreement dated May 8th 1974 and recorded on May 20th 1974 in book 1974, page number 803 as Instrument No# 74-131027, hereinafter referred to as the "1974 Agreement" and the parties herewith establish certain additional obligations of joint use, maintenance and repair and a sharing of a pro-rata proportional share of the real property taxes as a joint expense. Now therefore, the parties agree that only that portion of Parcel B, more fully described as Parcel C in the legal description attached hereto as "Attachment 1" and incorporated herein by reference, constitutes the parking available for nonexclusive, joint usage by the owner of Parcel A, including all rights of access to Parcel C. The Lyons Trust as the owner of Parcel B hereby confirms that the easement in favor of the owner of Parcel A for the nonexclusive, joint use of all the designated parking on Parcel B, as more specifically described as Parcel C in the "Attachment 1" includes all rights of access to Parcel C. It is further agreed that the owner of Parcel A shall be equa-rspnsible with the owner of Parcel B for all ongoing property taxes, maintenance and repair of th ortio f Parcel B escri as Iti Page (1,7 >0 Inti . . Farce! C in the legal description attached hereto as "Attachment 1" and as further referenced in Addendum "0 "as attached, which constitutes approximately 20% of the total Parcel B. The parties herein acknowledge that the restaurants operating on Parcel B are open day and night and as such require parking at all times and that reciprocal parking shall be, maintained pursuant to Specific Plan 25(A) as approved by Planning Commission Resolution 1141, dated March 11, 1.975. Paragraph 4(c) of the Agreement For Joint Parking Facilities And Grant of Reciprocal Parking Easements, on file with the Recorder for County of San Diego, document number 74-131027, is modified to read as follows: These mutual covenants are superior and paramount to the rights of any of the parties in the respective servient estates so created, and the parties further agree that these covenants shall run with both parcels of land described herein. The City of Carlsbad retains the right, but not the obligation to seek enforcement of these covenants. Notwithstanding the prior sentence, the padie hereto retains all rights and obligations, independent of the City of Carlsbad, to enforce these mutual covenants. The 1974 Agreement continues to remain in force and effect subject to the changes as specified in this agreement. All other agreements with the exception of the 1982- Agreement continue to remain in force and effect. Both parties agree that these covenants shall run with both parcels of land described herein. See Addendum "D" as attached which references Parcel A as Lot "A" and Parcel B as Lots "B" & "C" and which is incorporated into and as part of this agreement. Agreed to. and executed Lacombe for BJ Properties & Management, LLC a Ne Liability Company, to be held in Series C (Parcel A) Agreed to and executed st (Parcel B) [SEE NOTARY JURATS ON PAGES 3 & 41 (Page 2 of B) STATE OF CALIF NIA COUNTY OF On October 8th ,2007 before me, Public in and for said State, personally appeared HARVEY LYONS-j5ësonally known toL- proved to me on the basis of satisfactory evidence to be the person(s hoe-,rrie(s)17ãre 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 persons(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal COMM. #162556 z Notary Public . California San Diego County ) MyComnEXPiS Nov. JTARY PUB LI,CN AND FOR SQOUNTY AND STATE (Page 3 of 8) . . STATE OF CALIFORNIA COUNTY OF On /4/V 7 ,O07 before me, , a Notary Public in and for said State, pesonHy appeared J, ec_ -a_'.'cJ, personally known to met 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 persons(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SYLVIA BROOKS • COMM. #1625156 z WlT ancLancLo1firiaI aL Notary Public . California San Diego County - A. MyComm. Expires Nov. 22OO9 STATE OF CALIFORNIA CI I MTV _ NOTARY PUBLr- ID COUNTY STATE On 2007 before me Notary Public in and for said State, personally appeared 44?,t/M personally known to me/ c.:_— 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 persons(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SYLVIA BROOKS COMM. #1625156 Notary Public -California San Diego County Comm. Expires Nov. 29, 2009 INTY (Page 4of8) Attachment 1 . •. :. Parcel C That portion of Parcel B of Parcel Map No. 3598 lying Northeasterly of that certain course of North 340 - 00' 00" West 274.42 feet, as shown on said map, in the City of Carlsbad, County of San. Diego, State of California, accoding to Map rcorcled in the. office of the County Recorder February28, 1975 as 'ile No. 75-047328, being ájortion of Tract 115 of Carlsbad according to Amended Map of the Town of Carlsbad, Map No. 775, filedin the office of the County Recorder of San.Diego, February is; 1894. (5 f ... / A-' L. /L-7/L,'-- / f7AA'C& 14it4/ A •4 I t l jI ,-" 7._• (_7 C . - • e,e 771 5'Vc7/'5 c' Zly m ' " .l'q 64Cd J44' j--? 1 7V7c? M,4=y4 X/- /,' '-ei -s.- /? 1-97-5-.' Acic. t7 7,/d 44. —>-- : .. 72,,s '•? '.'26Zi S //-•7_ ,/• /,-4:- 6d//'7 ,4" 4.A c .-i'. /qda'. C'7"/i'/ C4 7'• A%? 75-cq732g I •'! ' 'I I 'N. Y --\Li- e f / . (\ I. r7 .!j .747. 1767 - - 4 '-' L.-. - -4 • /',',7d 7 '~ .a4 .5/5 c'A - 4i€JXJi5 107 1.'7/hd- //'d "4' . 91 27 .:" J7 i',' 5%I g7Z' of-/z •:?/-y -v-_ /7'LZ-7 7'c2.7 (,4_5,•.1fr 449• ;5'.1 .7/ .:•g •5':,'7 -'-? -'---'"2' -"7 59,4 D5'/I -4: '- •- ••7'5 4.,44 -6' _-54','=> :c•i.5 .'t4/4 5Z .'ffr4' 57t'/' •95'6'/ •gy .92' — / 'r -V' 4Z,' • '/7' ___7' --_7 --- •y" ' Le'57 ç 77 q?f' 5v7"/ 7(Zfr' 'frj' 974 7Cf4 4' _4_,7 •-, çs s V-'' ,"27W 7L~c7 Sc7-< $Y7a'/7 'V- -7 71.S:- 5 5L,flL'W s7/7/p/ 711Y clV14' C ;i----- \ •'q-z, A .5.7•;Z $'S$ 52 65,4 • (' 4vb' -' o'54r -S • - 5 ' \ !d tiI I- . •.5i4'S',$•t -,-' •7.;_. I L __7 •-- • C- "C' ,'-- -' • -.. V -NORTH •o: uJ I SPIKES cx a: I— < II.UMINATED 58514 65 I J Z<0U3.:3 - OO g PLOT MAP 0F1207 CARLSBAD VILLAGE DRIVE (COLONIAL MALL) CARLSBAD CA 92008 AND 3050 PlO PICO DR CARLSBAD CA 92008 (NOT TO SCALE. PURELY FOR PLACEMENT PURPOSES) ENROUN ABS CURB I 1 1 1 1 1 1 1 1 lj2J3]45J6j7J0J9JtSJlt LOT "C" JOINT PARKING LOT. --WALK WAY PARKING SPACES 1 THRU 20 ARE FOR USE OF TENANTS AND GUESTS OF BOTH LOT 8 AANOLOTB 12 t3 f l4c1sit6c17c1Bc14 I'm s I i I I I I I I FLOWER GARENNAND C008 I Vl ASH AREA I I I I I I 21 2223 24 2526 63 m >0 —I 62 SOUTH_> 64 27 •J 28 29 ) 35 J 31 32 33 34 35 1 36 1 37 ;PUEO 6540 WATER FLOW IIRECTION BUMP —EXIT TRAFFIC FLOW LOT "B' 3050 PlO PICO BUILDING 5297 SO PT çHc 65 42 41 11 0 11 39 38 '04 •- I I I I . II I I I I I m I cI •I 1 I I J I MCI.., ,66F-..,67;43J4445I48I47 b 70 > 'ii ADDEMDUM "D" I I, TRASH 33 32 31 30 29 28 27 20 25 i24 23 22 21 20 10 17 ENTRANCE - LOT "A" I6 is 14 \ I 34 35 38 ,. 37 30 39 40 0 13 \ \ I I II I u- C, 42 \ II U. UL II \ \ COLONIAL MALL 1207 - \ \ CARLSBAD VILLAGE DR .-,\ \ CARLSBAD CA 92008 so 14931SQ FT \c- 41 42 43 \ \ \ , LOT A' \ 46 4 47 48 3 2 N 49 1 LOT "B" WALIEWAY/'ND CURB TRAFFIC FLOW— I KgY.PAO CONTROLLED BOOM £NTERENC6. OPENS ENTRANCE - > I AUTOMATICALLY AT IDHM CLOSES 12PM EACH DAY. .4--OWNERS OF 1207 CARLSBAD U1LLAGE DRCARLSBAD CA 9200810865 BEEN SUPPLIED 18 MULti-USE ACCESS CODES TO OPEN BOOM ANYTIME. 601 59 1'.1et s7 r r 55 1J 54 153 11 52 154 (58 149 ç48 11 If FISH POND II I .. 'I I I a CAç1. September 24, 2007 r Mr. Harvey Lyons 3252 Holiday Court, #223 La Jolla, CA 92037 RE: PlO PICO PROPERTY/COLONIAL AGREEMENT Dear Mr. Lyons: MALL PROPERTY PARKING The City of Carlsbad has reviewed the latest version of the Supplemental Agreement for Joint Parking and Maintenance (the "Agreement") dated August 20, 2007, The Agreement complies with all changes requested by the City of Carlsbad on August 9, 2007. Therefore, the City of Carlsbad is with this letter hereby providing written consent of approval of the proposed Agreement, as required by the original recorded agreement (Doe # 74-131027). Once you have recorded the Agreement, please submit a recorded copy to our offices for our files. Once we have received the recorded copy of the Agreement, it will be forwarded to our City Attorney and Code Enforcement offices for closure on this issue. Should you have any questions or need any further assistance regarding this issue, please contact Gary T. Barberio, Assistant Planning Director at (760) 602-4606. Sincerely, DON NEU Planning Director DN:GTB:bd C: Jane Mobaldi, Assistant City Attorney Paul Edmondson, Deputy City Attorney Gary T. Barberio, Assistant Planning Director Van Lynch, Senior Planner Mr. Bruce Brown, Colonial Mall 1635 Faraday Avenue • Carlsbad, CA 92008-7314° (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us September 24, 2007 Mr. Harvey Lyons 3252 Holiday Court, #223 La Jolla, CA 92037 RE: PlO PICO PROPERTY/COLONIAL . Carlsbad MALL PROPERTY PARKING AGREEMENT Dear Mr. Lyons: The City of Carlsbad has reviewed the latest version of the Supplemental Agreement for Joint Parking and Maintenance (the "Agreement") dated August 20, 2007. The Agreement complies with all changes requested by the City of Carlsbad on August 9, 2007. Therefore, the City of Carlsbad is with this letter hereby providing written consent of approval of the proposed Agreement, as required by the original recorded agreement (Doc # 74-131027). Once you have recorded the Agreement, please submit a recorded copy to our offices for our files. Once we have received the recorded copy of the Agreement, it will be forwarded to our City Attorney and Code Enforcement offices for closure on this issue. Should you have any questions or need any further assistance regarding this issue, please contact Gary T. Barberio, Assistant Planning Director at (760) 602-4606. Sincerely, DON NEU Planning Director DN:GTB:bd C: Jane Mobaldi, Assistant City Attorney Paul Edmondson, Deputy City Attorney Gary T. Barberio, Assistant Planning Director Van Lynch, Senior Planner Mr. Bruce Brown, Colonial Mall 1635 Faraday Avenue o Carlsbad, CA 92008-7314 (760) 602-4600 a FAX (760) 602-8559 ° www.ci.carlsbad.ca.us . From . HARVEY L YONS August 20, 2007 City of Carlsbad Attn: Gary Barberio Principal Planner Planning Dept 1635 Faraday Ave Carlsbad, CA 92008 Re: 3050 Pio Pico Drive and 1207 Carlsbad Village Dr, Carlsbad, CA 92008 Joint Parking and Maintenance Agreement Mr. Barberio, Herewith attached are copies of the updated, completed parking agreement for the properties at 3050 Pio Pico Dr and 1207 Carlsbad Village Drive in Carlsbad incorporating all your latest requested changes. We have agreed to ALL these requests regarding the Joint Parking and Maintenance Agreement, provided we receive a signed, hard copy letter from the City of Carlsbad expressing their written consent to the new supplemental agreement, within a reasonable amount of time (14-21 days). When a hard copy of the City of Carlsbad's signed written consent is received, the original fully executed Supplemental Joint Parking and Maintenance Agreement will be sent to the City for recording, per your letter. Once recorded, a copy will be sent to the City of Carlsbad. Please call me with any questions you may have. Thanking You, L 3252 Holiday Ct. #223 • La Jolla, CA 92037' 858-452-8363/tel' 858-450-1843/fax academyfunding@yahoo.com • www.academyfunding.com A. JAWAD AS TRANSPORTATION 114 WIVY ST. SAN DIEGO, CA 92101 619-232-4461 April 17, 2007 To Whom It May Concern: I herewith certify that I was at the property at 3050 Carlsbad Village Drive, Carlsbad, CA 92008 and 1207 Carlsbad Village Drive, Carlsbad, CA 92008 from 7:45am until 10:45 am on the following days: Wednesday April 11, 2007 Thursday April 12, 2007 Friday April 13, 2007 Monday April 16, 2007 Tuesday April 17, 2007. I certify that I personally counted all the cars parked in Lots A, B, and C per the attached map. I counted the cars every half hour from 8:00 am until 10:30 am. See the attached spreadsheet. Sincerely, AA. Jawad JURAT State of California County of_________________ Subscribed and sworn to (or affirmed) before me on this day of 7 20 27, by ,47, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 'LVIA ois 1 COMM. #1625156 z Notary Public . California z San Diego County L MyC0mntpu1 Nov. (seal) Snat . . k (~l il, . PARKING SURVEY FOR 3050 PlO PICO BLVD & 1207 CARLSBAD VILLAGE DR CARLSBAD CA 92008 DATED 4111/07 TO 4117107 EXCLUDING SATURDAY & SUNDAY LOT A 49 SPACES TOP LOT 8AM 8.30AM 9AM 9.30AM 10AM 10.30AM WEDNESDAY 4/11/2007 15 17 26 28 30 39 THURSDAY 4/12/2007 16 30 34 37 34 36 FRIDAY 4/13/2007 6 17 21 20 27 23 MONDAY 4/16/2007 11 25 32 41 42 40 TUESDAY 4/17/2007 22 31 33 40 41 40 1207 CARLSBAD VIL DR TOTAL USED 70 120 146 166 174 178 5 DAY AVERAGE 14 24 29.2 33.2 34.8 35.6 TOTALVACANTSPACE AVERAGE 35 25 19.8 15.8 14.2 13.4 LOT B 20 SPACES BOTTOM LOT 8AM 8.30AM 9AM 9.30AM lOAM 10.30AM WEDNESDAY 4/11/2007 0 4 7 7 8 8 THURSDAY 4/12/2007 5 7 7 7 8 8 FRIDAY 4/13/2007 0 1 2 2 3 4 MONDAY 4116/2007 1 3 3 3 3 4 TUESDAY 4117/2007 1 3 3 5 7 7 3050 PlO PICO TOTAL USED 7 18 22 24 29 31 5 DAY AVERAGE 1.4 3 4.4 4.8 5 TOTAL VACANT SPACE AVERAGE 18.6 16.4 15.6 15.2 14.2 13.8 LOT C 47 SPACES MIDDLE LOT 8AM 8.30AM 9AM 9.30AM lOAM 10.30AM WEDNESDAY 4/11/2007 0 0 0 1 0 2 THURSDAY 4/12/2007 0 0 0 0 2 3 FRIDAY 4/13/2007 0 0 0 0 0 4 MONDAY 4/16/2007 1 0 0 0 1 1 TUESDAY 4/1712007 0 0 0 1 1 1 3050 PlO PICO TOTAL USED .1 Z ii 5 DAY AVERAGE 0.2 Q 2 PA TOTAL VACANT SPACE AVERAGE 48.8 49 49 48.6 48.2 46.8 SURVEY TAKEN BY: JAY JAWAD OF 114 WEST IVY ST SAN DIEGO CA 92101 • . From Harvey Lyons 3252 Holiday Court #223 La Jolla CA 92037 To CITY OF CARLSBAD Planning Dept Ale 1635 Faraday Ave Carlsbad CA 92008. 5/1/07 Attention Mr: Gary T. Barberio. Further to our meeting held at the offices of the City of Carlsbad 1635 Faraday Ave Carlsbad CA 92008 on 4/4/07 at 2PM with the following persons in attendance: Mr.Van. W. Lynch, City of Carlsbad Senior Planner Mr.Gary T. Barberio. AICP. Principle Planner Mr. Paul Edmonson, Deputy City Attorney, Carlsbad Mr. Don New Carlsbad Planning Director Mr Jay Stoffel Attorney Mr. Bruce Brown for "BJ Properties", co-owner of 1207 Carlsbad Village Drive Carlsbad 92008 Mr. Ken Follis. Advisor to Mr. Brown Mr. Harvey Lyons for the "Lyons Revocable Trust" Owner of 3050 Pio Pico Dr Carlsbad CA 92008 Dear Sir: In order to clear up a number of concerns the City of Carlsbad has concerning their co-signing of the "Supplemental Agreement for Joint Parking and Maintenance" (Copy as attached and marked as "Al" and hereinafter referred to as the Agreement) dated I 1th Day of January 2007 and signed by ourselves "Harvey Lyons as Trustees of the Lyons Revocable Trust", owners of the property at 3050 Pio Pico Ave Carlsbad which currently houses two restaurants (hereinafter referred to as the "Plo Pico Property") and Mr. L Bruce Brown and Mrs. Jan M. Lancombe for BJ Properties & Management, LLC, owners of the adjoining office building at 1207 Carlsbad Village Drive Carlsbad 92008, hereinafter referred to as the "Colonial Mall Property", we advise as follows: • Originally both properties were owned by a Mr. Watson, who we believe first built the Plo Pico Property. • He then built the Colonial Mall Property and on May 8th 1974 signed and recorded a joint parking agreement (Copy attached and marked as "BI ") • between the Plo Pico Property and the Colonial Mall Property, whereby each property had joint use of a number of the adjoining property's parking spaces. We believe this was done to satisfy the City's parking requirements 1 • S at the time. Per the agreement the Plo Pico Property owners would be liable for all maintenance and repair to the joint use Pio Pico Property. • The City was a co-signee to this document. • On January 13th 1982 the owners of Plo Pico Property and the Colonial Mall Property signed and recorded a updated agreement (Copy attached and marked as "CI") modifying the terms of the 1974 agreement. The City was not a party to this agreement. • The above agreements specify that the Plo Pico Property has a primarily evening use. This is correct however it does not take away the fact that the Pio Pico Property also has a substantial day use, especially at lunchtime. The owners of the Pio Pico Property and the Colonial Mall Property have agreed on and signed this new updated "Supplemental Agreement for Joint Parking and Maintenance" dated li t Day of January (The "Agreement" per "Al" attached). This document was prepared by and agreed upon, after a number of drafts, by Attorney "MrJay Stoffel" and the Deputy Carlsbad City Attorney "Mr. Paul Edmonson" This document is only waiting for the City to sign off that they do not object to the updates in this agreement. The City advised us at the meeting held 4/4/07 that it had 3 issues they wished to satisfy before signing off on this agreement. I believe they are adequately will addressed hereunder. 1. The City required adequate parking for the Plo Pico Property. 2. The City required adequate parking for the Colonial Mall Property. 3. The City required access in and out of the Colonial Mall Property.. 1. Pio Pico Property Parking • The Pio Pico Property currently houses 2 x restaurants (Nozomi and Lotus Thai) • The property has 5,297sq feet of building and 67 parking spaces (See attached appraisal undertaken by "Mr. Fred Zahedi" Mar 2007 and the County records as attached marked "Dl &D2" • The County and City ordinances for a restaurant building of this size, type and location require: I x parking space for each 1 00s ft of building up to 4,000sq ft and 2 x parking spaces per I OOsq ft thereafter. • The requirements for the 5,297sqft Plo Pico Property are therefore: 40 spaces for the first 4,000sq ft and 26 spaces for the balance. • Total required parking spaces are 66 • The Plo Pico Property has a total of 67 on-site parking places and is therefore fully in compliance. 2 . . 2. Colonial Mall Property Parking. The owners Colonial Mall Property advise us that according to their measurements their is a total of 14,931 sq ft of building on the property even though public records show 15,142sq ft (See County records as attached marked "El") • The County and City ordinances in a building of this size, type and location requires I x parking space for each 200sq ft of medical space and I x parking spaces per 250 sq ft of office etc space. • The Owners advise that the Colonial Mall Property has 8,866sq ft of total medical space with a requirement of 44.33 parking places plus 6,065 sq ft of office, toilets, passages and general space requiring 24.26 parking spaces. • The total parking requirement for Colonial Mall Property is therefore 69 spaces. • The Colonial Mall Property has a total of 49 on site parking places and is therefore short of 20 of its own parking spaces. The Colonial Mall Property has joint usage of 20 spaces in adjoining lot "C" The Supplemental Agreement for Joint Parking and Maintenance" dated I 1th Day of January 2007 and signed by the owners of Pio Pico Property and the Colonial Mall Property, states that the tenants and guests of the Colonial Mall Property has joint use of up to 20 of the parking spaces available in the top East side, parking lot marked as "Property B" and owned by the Pio Pico Pro perty.(See attached Map marked as "Fl ") This gives the Colonial Mall Property, sufficient total parking spaces to be in compliance. It also allows sufficient parking spaces to still be available for the lunchtime trade of the restaurants at the Plo Pico Property. The usage in the evenings of the parking spaces at Colonial Mall Property by the visitors to the restaurants at the Pio Pico Property, still applies if required,. per the original document. 3. Access in and out of the two properties. Access in and out of the Colonial Mall Property, is unrestricted. Access in and out of the Plo Pico Property is controlled by one way arrows allowing access to the property via the lower West entrance and egress out of the property via the upper East exit. You cannot enter through the exit as there is a large illuminated sign showing it as a exit and one way tire spikes. The entrance on the West side has .a boom that opens to the general public at lOam and closes at 12 midnight. The owners and tenants of both properties have sufficient key codes to open this entrance boom anytime and allow parking in the lots before lOam. There is a fire and emergency vehicle key easily accessible at the side of boom. The entry boom, the one way arrows and the exit sign and spikes were installed for the following reasons: 3 . . 1) There were a number of near serious accidents at the Plo Pico Property with visitors traveling both ways in a narrow parking lot and pedestrians walking in the lot (Especially at lunch and dinner time). 2) Cars and Trucks were using the parking lot as a night-time stopover. 3) The carrier services were using the parking lot as a midway point to swap all their parcels in the early morning. 4) The company that regularly sweeps the lot in the early morning was unable to do so because of the unauthorized vehicles in the lot. 5) The tenants of the Colonial Mall Property were parking most of their vehicles in the lower Plo Pico Property before I Oam each weekday leaving the Colonial Mall Property empty. This almost filled up the Plo Pico Property before I Oam allowing no spaces for the restaurants lunch time trade. Since installing the controlled access in July 06 at the Pio Pico Property, parking issues for both properties has considerably improved. Attached are the findings of a survey we had undertaken for the 5 weekdays from Wed April 11th to Tues April 17th from 8am to 10.30am at 30 minute intervals. See survey results attached marked as "GI". The Survey shows the following averages over the 5 weekdays: Parking at Colonial Mall Property "A" with 49 total available spaces Cars parked at 8am 14. Total Spaces still available 35 Cars parked at 8.30am 24. Total Spaces still available 25 Cars parked at 9am 29.2 Total Spaces still available 19.8 Cars parked at 9.30am 33.2. Total Spaces still available 15.8 Cars parked at 10am 34.8. Total Spaces still available 14.2 Cars parked at 10.30am 35.6. Total Spaces still available 13.3 Parking at top East lot "B" of Pio Pico Property with 20 total spaces Cars parked at 8am 1.4. Total Spaces still available 18.6 Cars parked at 8.30am 3.6. Total Spaces still available 16.4 Cars parked at 9am 4.4. Total Spaces still available 15.6 Cars parked at 9.30am 4.8. Total Spaces still available 15.2 Cars parked at 10am 5.8. Total Spaces still available 14.2 Cars parked at 10.30am 6.2. Total Spaces still available 13.8 Parking at lower West lot" C" of Plo Pico Property with 47 total spaces Cars parked at 8am 0.2.Total Spaces still available 46.8 Cars parked at 8.30am 0. Total Spaces still available 47 Cars parked at 9am 0. Total Spaces still available 47 Cars parked at 9.30am 0.4Total Spaces still available 47.6 Cars parked at 10am 0.8. Total Spaces still available 47.2 Cars parked at 10.30am 2.2. Total Spaces still available 44.8 IN . I The control boom at the Plo Pico Property is lifted at I Oam with un-controlled access each day thereafter. As can be seen the parking arrangement is working very well for both properties with spaces available at all times up to 10 am each weekday when the boom lifts. It would seem that all the issues have now been adequately addressed. Please co-sign the Agreement "Al" and return it to me ASAP in order that we may have it recorded. If however there are any other issues you wish to discuss, please advise me Than ing You Harvey ns cc. Mr.Van W Lynch, Mr .Paul Edmonson, Mr. Jay Stoffel, Mr. Bruce Brown, Mr. Ken Follis. Mr Don New NOTE: In the original Planning Commission Resolution No 1141 (Copy attached and marked as "HI") regarding the rezoning of the property marked as "C" (The middle parking lot per our map "Fl") as attached, paragraph 4 on page 2 reads as follows "The applicant shall file a reciprocal parking agreement with the City concerning joint use of the additional parking areas between the subject property and the project approved by Specific Plan 123" It refers to the middle lot only having joint use and it was approved 3/11/1975. Which is 11 months after the City actually signed the request. 5 I I FLOORPLAN ... I FLOORPLAN Borrower: File No.: 073050 Property Address:3050 plo pico DRIVE Case No.: City: CARLSBAD State: CA Zip: 92008 Lender: CIA BAR z LEVEL 2 Wof Sketch by Apex IV Windows" ........... .: File No.: 073058 Case No.: : _ ftOORPLAN Borrower: -. Property Address:2o50 J'Io PICO DRIVE Cit': CARLSBAD . . . . State: CA •. Lip: 92008 Lender: 92.0 LC 20 PARKING SPACES 102.0 o. S PARKING SPACES 131.0 0 Cd c) - 39 PARKING SPACES TOTAL 67 PARKING SPACES cc 102.0' Sketch by Apex lVWindows Alok . ,rr-r r,rrloOTV OWOTfl i1IJflh1M Borrower: -- V File No.: 073050 Property Address: 3050 rICO Dmv Case No.: State: CA Zip: 92808 City: CARLSBAD Lender: FRONT VIEW OF SUBJECT PROPERTY Appraised Date: Appraised Value: $ REAR VIEW OF SUBJECT PROPERTY STREET SCENE Borrower: File No.: 073050 Property Address: 3050 PlO rico DRIVE Case No.: City: CARLSBAD State: CA Zip: 92008 Lender: