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2002-1013122 g E s~ y e v'. d a„f,,. 2,~ 1 d::a:~ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: t O =L - A,_ =_i_ u ff . S r1I'< ..i .Ci_I '_:i.:~"; r C_i..,i~i.il 1 j1_;_: r. i~--.r .:'i':7 T C°". 'Ti I i`:: T r;rMI Tr En: flk.,i: I:ii..{,.'i ~Ie U~~i. ifl° i_;%~3'i?1! ra.4~_~~~j';_.. City Clerk =F; ;_;G City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92924 THIS SPACE FOR RECORDER'S USE ONLY C; y JOINT USE ~nQ ~'ll6~`~' PARKING AGREEMENT This Joint Use Parking Agreement (Agreement), made and entered into this 24% day of ! V.~b_002, by and between Madd Potter /Charles McCrink, authorized representative, tenant of 310 N. Coast Highway 101, hereinafter referred to as "Tenant A", and Nevers Oak/Bill Riegert, authorized representative, tenant of 312 N. Coast Highway 101, hereinafter referred to as "Tenant B". A. Pursuant to City of Encinitas Municipal Code Section 30.54.050, Parking Requirements for Joint Use, all parties involved in the joint use of off-street parking facilities shall enter into an agreement for such joint use by a proper legal instrument approved by the City of Encinitas. B. The City of Encinitas Planning Staff approved DCD-98-120 on October 30, 1998, and Substantial Conformance findings on December 20, 2001, granting "Madd Potter" approval to establish a retail use at 310 N. Coast Highway 101 subject to a condition that 9 off-site parking spaces for the retail use will be provided at 312 N. Coast Highway 101, including additional on-street parking spaces. The parties hereby agree as follows: 1. Nevers Oak, for agreed upon consideration, authorizes Madd Potter to utilize 9 parking spaces located at 312 N. Coast Highway 101 for a retail use located at 310 N. Coast Highway 101. 2. Madd Potter and/or retail operator, shall be responsible to ensure the off-site parking spaces located at 312 N. Coast Highway 101 shall only be utilized by Nevers Oak and Madd Potter customers. 3. All parties agree that Madd Potter shall be permitted to utilize the 9 parking spaces located at 312 N. Coast Highway 101 during normal business hours, and that there are no conflicts between the operating hours of each building/use. 4. All parties agree the term of this Agreement shall remain in effect so long as the approved retail use and City of Encinitas DCD No. 98-120 (Case No. 98-244 MIN/CDP) remains valid and effective. 5. In the event this Agreement is terminated, Madtr Putter/Charles McGrink shall terminate the retail use and/or obtain approval from the City of Encinitas for alternative means of parking in compliance with the City of Encinitas parking regulations for a retail use at the subject location. F:cm/maddpotter pkgagt.doc 6. This Agreement may not be changed, altered, modified, limited, or extended orally, or by any Agreement between the parties unless such Agreement be expressed in writing, and signed by Madd Potter/Charles McCrink and Nevers Oak/Bill Riegert, or their successors in interest, and approved by the City of Encinitas. 7. Madd Potter/Charles McCrink shall, on May 1, 2002, and each May 1, thereafter, submit evidence to the Community Development Department of the City of Encinitas that this agreement remains in force and effect. Said evidence, to the satisfaction of the Community Development Department, may consist of a joint letter signed by Madd Potter/Charles McCrink and Nevers Oak/Bill Riegert indicating that the agreement remains in force and effect. 8. The City of Encinitas retains the right to monitor the parking for the retail use located at 310 N. Coast Highway 101. Should the City of Encinitas find that the parking provided for in this agreement is not being maintained, the City may proceed to enforce the conditions of City of Encinitas DCD No. 98-120 (Case No. 98-244 MIN/CDP) by all legal means available to the City. This Agreement has been executed, agreed upon and accepted by all parties this 26 day of 2002. i` MadA-Pbtter, Charles cCrink Nevers Oak, Bill Riegert Tenant A, 310 N. Coast Highway 101 Tenant B, 312 N. Coast Highway 101 (Notarization of TENANT'S signatures is attached.) John Kies and Marc Adam, owners of the real property located at 310 and 312 N. Coast Highway 101, legally described as, Lot 8 and 9, Block "O" of Seaside Gardens, in the County of San Diego, State of California, according to Map thereof No. 1800, filed in the Office of the County Recorder of San Diego County, August 6, 1924, declare that they have read the above cited agreement and agree with the terms therein and accept the responsibility to cooperate with the tenants to implement the agreement. The owners agree that owners' duties and obligations under this Covenant are a lien upon the property. Upon notice and opportunity to respond, the city may add to the property tax bill of the property any past due financial obligation owing to city by way of this Covenant' (-Lo Kies, Property Owner c Adam, Property Owner (Notarization of OWNER's signatures is attached.) F:cm/maddpotter pkgagt.doc The City of Encinitas has reviewed this agreement and found the agreement to be consistent with the conditions of City of Encinitas DCD No. 98-120 (Case No. 98-244 MIN/CDP). CITY OF ENCINITAS Dated Bill Weedman (Notarization not required) City Planner Fxm/maddpotter pkgagt.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California o ~l SS. County of job / On ~~1 1 before me, Vn' Date Name and Title of officer (e.g., "Jane Do Notary Public") A II personally appeared 'tom Name(s) of Signer(s) impersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person() whose name( r)~isj're subscribed to the within instrument and acknowledged to me thaj6e%he/they executed K. DOLKAS the same in 6s/fixer/their authorized a ' Commission #1264054 < N W ~ capacity(i~), and that by , is er/their T Notary Public - California (n > San Diego County A signature( on the instrument the `person(; or my Commission Exp. MAY 15, 2004 the entity upon behalf of which the person6a) acted, executed the instrument.I WITNESS my hand and officials al. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document Ny and could prevent fraudulent removal and reattachment of this form to another document. 2~5 Description of Attached Document F Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ry Top of thumb here ? ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee fi Ll Guardian or Conservator ~y ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-240 2 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1,/Cad before me, 1 1 ~2C,iLKCS Date Name and Title 6f Officer (e.g., "Jan oe, Notary Public") i ~ personally appeared Name(s) of Signer(s) k personally known to me> ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose nameW islre subscribed to the with instrument and K. DOLKAS acknowledged to me Y executed Commission #1264054 < t he/the 7o the same in ;his er/their uthorized ~ s..; Notary Public - California U) > San Diego County capacity(igs), and that by „ his her/their My Commission Exp. MAY 15, 2004 signature(s() on the instrument the person(o, or the entity upon behalf of which the personUs3 acted, executed the instrument. WITNESS my handand official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document h 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 Signer's Name:' L L~ Individual •Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: c~ Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of al.Qf~ r pnbefore me, Lt<' fir- Date Name and Title offer (e.g., "Jane DA, Notary Public") personally appeared Name(s) of Signer(s) personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(,) whose name( 6s~are K. DOLKAS 0 Commission #1264054 < subscribed to the with' instrument and 2) acknowledged tome th tae he/they executed Notary Public - California (p San Diego County A the same in ,`bis er/their thorized My Commission Exp. MAY 15, 2004 capacity(i&~, and- nd that by is er/their signatureN on the instrument the person(5~ or the entity upon behalf of which the personW acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above or f Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document t~ and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual Top of thumb here C Corporate Officer - Title(s): C Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing- 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i f ss. County of J_ c- 44 On before me, <'I Date Name and Title of Offi&r (e.g., "Jane Doe, tary Public") g i personally appeared Name s) of Signer(s) personally known to me S proved to me on the basis of satisfactory evidence to be the person( whose name(VCis~are subscribed to the within instrument and acknowledged to mnhis/ter/their l eAhe/they executed K.D n #126 the same in ,authorized Commission #126 N W~ W° 4054 11 capacity(is , and that by ~ti er/their Notary Public - California (n " > San Diego County A signature(o on the instrument the person(84, or My Commission Exp. MAY 15, 2004 the entity upon behalf of which the personl~-f acted, executed the instrument. WITNESS my hang and official seal. Place Notary Seal Above t Signature oT Notary Public I~ 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: ~I Capacity(ies) Claimed by Signer Signer's Name: L ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General I. J Attorney in Fact ❑ Trustee Guardian or Conservator I`' Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827