Covenant Regarding Real Property 2017-0014384RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO -
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 317473-16
DOC# 2017-0014384
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Jan 10, 2017 03:09 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES* $42.00
(This space for Recorders Use)
COVENANT REGARDING REAL PROPERTY
PAGES. 10
PPDW, LLC, a Limited Liability Corporation, ("OWNER" hereinafter) is the owner of real property
commonly known as 13383 and 13385 Poway Road ("PROPERTY hereinafter) and more fully described
as:
The east one half of the northeast quarter of the southwest quarter of section 13 township 14
south, range 2 west, San Bernardino Meridian, in the City of Poway, County of San Diego, State of
California, according to official plat thereof.
In consideration of the approval of Minor Conditional Use Permit (MCUP) 16-002 by the City of
Poway ("CITY" hereinafter), OWNER hereby agrees to abide by the conditions of approval contained in
the attached Resolution (Exhibit A).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that MCUP 16-002 expires or is rescinded by City Council, or the OWNER terminates
the use permitted by MCUP 16-002, upon the request of the OWNER the CITY shall expunge this
Covenant from the record title of the PROPERTY and MCUP 16-002 shall be of no further force or effect.
If either party incurs costs as a result of filing a civil action to enforce the provisions of this
Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party
Dated
Dated: Z h7 By
OWNER: PPDW, LLC
V
(Notarize)
Its:
CITY OF POWAY
J Manis,
Services
1 -1-UD I
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California n
County of Sar -N Ql'fAo )
On 11 ( ZZ/ / Ur before me, J -61)n` rer kr r-tc (Q ,
(insert name and title of the officer)
personally appeared O -f' -e' I.-- l i�+GrO 1 Ul
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 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.
JENNIFER K. MCCAA
u/ �+ Commission 0 2029539
WITNESS my hand and official seal. ;i 4 Notary Public - California z
San Diego County
0 Comm. Ea irea Jun 18.2017
Signature
(Seal)
RESOLUTION NO P-16-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 16-002
ASSESSOR'S PARCEL NUMBER 317-473-12 through 16
WHEREAS, Harry Rogers, owner of Mainstream Bar & Grill has submitted a
request for approval of a Minor Conditional Use Permit (MCUP) to allow live
entertainment, billiard tables and a dance floor in an existing building located within a
shopping center located at the southwest corner of Poway Road and Community Road,
in the Town Center (TC) district of the Poway Road Specific Plan (PRSP) at 13383 &
13385 Poway Road;
WHEREAS, a MCUP may be approved for live entertainment, billiard tables and
a dance floor by the City Council; and
WHEREAS, on October 18, 2016, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows.
Section 1. The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA) as a Class 5 Categorical Exemption, pursuant to
Section 15305 of the CEQA Guidelines, in that the project involves minor interior
alterations to an existing building, and establishment of live entertainment which is
allowable with a MCUP by the underlying land use designation for the site.
Section 2: The findings, in accordance with Section 17 48 070 of the Poway
Municipal Code (PMC), for MCUP 16-002 are as follows.
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17 48 PMC (Conditional Use
Permit Regulations), the Poway Road Specific Plan, the Poway General Plan,
and the development policies and standards of the City in that the subject use is
allowed with a MCUP The facility will be conducted such that it .will be
compatible with the surrounding development.
B The location, size, design, and operating characteristics of the proposed use will
be compatible with, and will not adversely affect or be materially detrimental to,
adjacent uses, buildings, structures, or natural resources in that the site is zoned
for the use, the use will be conducted within an existing restaurant within an
existing commercial center and is located more than 500 feet away from the
Resolution No P-16-25
Page 2
nearest residential use and the facility will be operated in compliance with City
development standards.
C The live entertainment is in harmony with the scale, bulk, coverage, and density
of, and is consistent with adjacent uses in that the use will be operating within an
existing commercial building located with a completely developed commercial
center
D There are adequate public facilities, services and utilities available at the subject
site to serve the live entertainment use with an existing restaurant and bar
establishment.
E. There will not be a harmful effect upon the desirable surrounding property
characteristics in that the live entertainment will take place inside of an existing
restaurant, and all exterior doors will be kept closed while live entertainment is
provided and no exterior speakers will be allowed in the patio area.
F The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets in that the existing site and facility provides
adequate vehicle circulation, ingress and egress.
G That the site is suitable for the type and intensity of use or development which is
proposed.
H There will not be significant harmful effects upon environmental quality and
natural resources in that the site is already developed and contains no natural
habitat resources.
That there are no other relevant negative impacts of the proposed use that
cannot be mitigated,
J The proposed uses, location, size, design and operating characteristics of the
live entertainment, and the conditions under which it would operated or
maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvement in the vicinity, nor be contrary to
the adopted General Plan.
K. That the live entertainment will comply with each of the applicable provision of
this title, except for approved variances
Section 3: The City Council hereby approves MCUP 16-002 to live
entertainment, billiards and a dance floor within an existing, multi -tenant building located
at the southwest corner of Poway Road and Community Road, in the TC area of the
PRSP, subject to the following conditions.
Resolution No P-16-25
Page 3
A. Approval of this MCUP shall apply only to the subject project and shall not waive
compliance with all other Sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance
B The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City
may elect to conduct .its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of
a disagreement between the City and applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the
matter However, the applicant shall not be required to pay or perform any
settlement unless such settlement is approved by applicant.
C Within 30 days of the date of this approval, and before the issuance of any permit
or commencement of offering live entertainment, whichever comes first: (1) the
applicant shall submit in writing that all conditions of approval have been ready
and understood; and (2) the property owner shall execute a Covenant Regarding
Real Property
D The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
uses
E. The terms and conditions of this MCUP shall be binding upon the permittee and
all persons, firms and corporations having an interest in the property subject to
these permits, and the heirs, executors, administrators, successors, and assigns
of each of them, including municipal corporations, public agencies and districts.
F This MCUP shall be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have occurred during the past year
G Building Permits may be required for new tenant improvements associated with
the facility Contact the Building Division with questions.
H. Disabled access shall be provided throughout the subject tenant space an on the
site in accordance with Title 24 regulations to the satisfaction of the Director of
Development Services.
Resolution No. P-16-25
Page 4
The new stage, dance floor, and/or billiard tables shall not impede any
emergency ingress or egress and shall be subject to review and approval by the
Director of Development Services and/or the Fire Marshall.
J Operation of the facility shall be conducted in compliance with the applicant's
submitted project description which is on file with the City Minor amendments to
the facilities operations may be reviewed and approved by the Director of
Development Services. Major amendments, as deemed by the Director of
Development Services, shall require City Council review and approval.
K. Prior to the commencement of any entertainment, the applicant shall receive
approval of an Entertainment License pursuant to Chapter 5 16 PMC through the
City's Administrative Services Department.
L. Upon establishment of the proposed use, pursuant to MCUP 16-002, the
following shall apply -
1 The facility shall be operated in such a manner as to minimize any possible
disruption by noise, and shall comply with the noise standards contained I
Chapter 8 08 PMC At no time shall equipment noise from any source,
exceed the noise standards contained in the PMC
2. Live entertainment shall be limited to 11:OOam to 11.30 pm Sunday through
Thursday and 11.00 am to 12:30 am Friday and Saturday Changes to the
allowable hours for live entertainment must be approved through an
amendment to MCUP 16-002.
3 No outdoor live entertainment or amplified music is permitted, unless in
conjunction with an approved Temporary Use Permit or modification of MCUP
16-002.
4 Food must be available to be served while business is open to the public.
5 The parking areas and driveways shall be well maintained.
6 The owner or operator of the facility shall routinely and regularly inspect the
site to ensure compliance with the standards set forth in this permit.
Section 4. The approval of this MCUP shall expire on October 17, 2018, at
5.00 p.m. unless, prior to that time, a Building Permit has been issued and/or
establishment of the use on the property in reliance on this approval has commenced
prior to its expiration.
Section 5. The parties are hereby informed that the time within which judicial
review of this decision must be sought is governed by Section 1094 6 of the California
Code of Civil Procedure.
Resolution No P-16-25
Page 5
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California at a regular meeting this 18°i day of October 2016
-STe—ve Vaus, Mayor
W1I1*11
N- ytw�4� -
ancy Nedfer4l, CP C, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-16-25 was duly adopted by
the City Council at a meeting of said City Council held on the 18th day of October 2016,
and that it was so adopted by the following vote -
AYES LEONARD, GROSCH, MULLIN, CUNNINGHAM, VAUS
NOES NONE
ABSENT NONE
DISQUALIFIED- NONE
�24z�;� -
Nancy Keufeld, CMC, City Clerk
City of Poway
%y) a ; n A -le. f1
PROPERTY MANAGEMENT AGREEMENT
By and Between
SUDBERRYPROPERTi98, INC.
m
PPDW, LLC
FEBRUARY18,2018
MANAGEMENT AGREEMENT
Owner and Manager act and agree as follows:
,PART I
REFERENCE DATA
Each reference in this Agreement to any of the following defined terms will be deemed to
incorporate all of the following information:
'Commencement Date' -
MARCH 1, 2015
'Management Fee' -
CONFIDENTIAL
'Manager' -
SUDBERRY PROPERTIES, INC.
"Manager's Notice Address' -
3465 Morehouse Drive, Suite 260
San Diego, CA 92121.4714
Attention: George Yermanos, CSM
'Owner" -
PPDW, LLC
'Owner's Notice Address' -
Paseo de Los Heroes, #99II-B Zona Urbana
Rio TUuana CP 22010 nuana BC
With a copy to:
C033 Law Firm
12750 High Bluff Drivc, Suite 250
San Diego, California 92130
Attn: Fernando Londa, Esq.
.Property
POWAY PLAZA SHOPPING CENTER
together with all personal property of Owner attached to or used
in Connection with the above-named property
I
10.11 Liens, This Agreement shall not create an Interest in real property and it shall not be
recorded in the public records of any jurisdiction. This Section shall survive the termination of
this Agreement.
10.12 Licenses Manager shall, at its sole cost and expense, qualify to do business in the
state where the Project is located and obtain and maintain such licenses as may be required for
the performance by Manager and each of Manager's employees, agents and representatives of
their respective services under this Agreement.
10.13 General Excufpatton. Notwithstanding anything in this Agreement to the contrary,
any remedy of Manager for the collection of a judgment (or other judicial process) requiring the
payment of money by Owner in the event of any default by Owner hereunder or any claim,
cause of action or obligation, contractual, statutory or otherwise by Manager against Owner or
its managers, members, affiliates, agents or representatives concerning, arising out of or
relating to any matter relating to We Agreement and all of the covenants and conditions or any
obligations, contractual, statutory, or otherwise set forth herein, shall be limited solely and
exclusively to the assets of Owner and to the Property No other property or assets of Owner's
managers, members, affiliates, agents and representatives shall be subject to lery, execution or
other enforcement procedure for the satisfaction of Manager's remedies under or with respect
to this Agreement, Owner's obligations to Manager, whether contractual, statutory or
otherwise, or the relationship of Owner and Manager hereunder. This Section 10.13 shall
survive the termination of this Agremeent.
)SIGNATURES ON FOLLOWING PAGE)
SIGNAY RE PAGE FOR PROPERTY MANAGEMENT AGREEMENT
IN WITNESS WHEREOF, the parties here to have executed this agreement as of the day and
year shown opposite their respective signature hereinbelow
SUDBERRYPROPERTIES, INC.
a CaUforn rpo n
Executed by Manager, this
day of re b. 1 ft , 2015 By,
George Ariaanos&gm
Director of Pro y Management
By (1Lx4Laj52 Fbli
Charles J. Todd,
Chief Operating Officer
Executed by Owner, this PPDW, LLC,
day of 'a I,? , 2015 A Delaware Ii 'led liabiltiy company
By- �� t
Jorge .utteroth
15