Replacement Parking Agreement Betweeen the City of Poway and Old Poway, LLC 2007-0302986
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RECORDING REQUESTED BY f& MAY 03, 2007
CITY OF POWAY 1104 AM
Exempt from Recording Fees L{-p CiFFI[]c.l F:UUF:[,c,
(Government Code section 27383) _'.~fJ CilEI.iU t'::OUrJrl FifCUF:[IEF,":, UfFiI-E
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WHEN RECORDED MAIL TO' F ~.C1E'-, 4
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CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074-0789
APN No. 314-220-39, 40, 41 SPACE ABOVE THIS LINE FOR RECORDER'S USE
14005-14055 Midland Road
REPLACEMENT PARKING AGREEMENT
BETWEEN THE CITY OF POWA Y AND
OLD POWA Y, LLC
NO DOCUMENT TRANSFER TAX DUE ~
This Replacement Parking Agreement ("Agreement"), entered into this)O';;"--- day of
February 2007, by and between the CITY OF POWAY (hereinafter referred to as "City")
and OLD POWAY, LLC (hereinafter referred to as "Old poway") shall be as follows:
WHEREAS, Old Poway owns the Old Poway Village Center, a shopping center
located on Midland Road in the City of Poway, consisting of the following three parcels: APN
314-220-39, APN 314-220-40, and APN 314-220-41 ("Property"); and
WHEREAS, as a condition of approval by City of development of the Property, Old
Poway is required to maintain 108 parking spaces and currently maintains 114 parking spaces;
and
WHEREAS, the Property currently exceeds the City's parking requirements; and
WHEREAS, the City's forthcoming Midland Road Improvements Project will be
constructing curb, gutter, boardwalk and landscaping in the area of the Properly ("Project")
and Old poway is concurrently granting an easement on, over and across a portion the Property
to the City in conjunction with the Project;
WHEREAS, the grant of such easement by Old poway and the Project will result in the
loss of 14 parking spaces at the Property, including 13 standard spaces and 1 handicap
accessible space; and
WHEREAS, the purpose for this Agreement is to ensure that in exchange for Old
Poway's cooperation with the Project and grant of the easement to City, City will provide
certain improvements to the Property and grant credit to Old poway in perpetuity for the lost
parking spaces for the purpose of fulfilling Old Poway's current and future parking
requirements.
NOW, THEREFORE, THE CITY AND OLD POWAY MUTUALLY AGREE TO THE
FOLLOWING TERMS AND CONDITIONS
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1. The parties acknowledge that the Project will result in the elimination of 14 on-
site parking spaces at the Property
2. City agrees ,to create 12 new parking spaces ("New Spaces") along Midland Road as
a par:! of-the Project. City further agrees that the'new parking spaces will be completed by
November 1, 2007 and will be located adjacent to the Property City further agrees that it
will not change, modify or eliminate any of the New Spaces in the future without the consent
of Old Poway
3. Upon completion of the Project, City shall impose a pennanent 20-minute parking limit on the
New Spaces. City will not change, modify or eliminate the 20-minute parking limit imposed
thereon.
4. Concurrently with the construction of the Project, City shall construct two handicap
accessible parking spaces on the Properly ("Handicap Spaces") to compensate for
the loss of the existing handicap accessible parking space on the Project as a result
of the Project. These Handicap Spaces will be located at a location agreed to by Old
Poway and City and will be completed at the same t.ime the Project is completed. The
City will further ensure that (i) the Property remains compliant with all federal, state
and local requirements with respect to handicap accessible parking prior to the
completion of the Handicap Spaces and (ii) that the Handicap Spaces comply with all
applicable federal, state and local requirements.
5. City grants to Old Poway, in perpetuity, full credit for the New Spaces and the
Handicap Spaces constructed by City (for a total of 14 parking spaces
credited) to be applied toward Old Poway's current and future city parking
requirements for the Property, including without limitation, in the event that Old Poway
expands or replaces existing buildings on the Property in the future, Old Poway shall, have
credit for all 14 parking spaces including the on-site parking requirements on the Property
'6. If any legal action or proceeding arising out of or relating to this Agreement is brought
by Old Poway or its successors or assigns, or City, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorney's fees, costs, and expenses incurred in the action or
proceeding by the prevailing party
The parties hereto have duly executed this Agreement:
For the CITY OF POW A Y ("City") Date 2.-/" u,/O' 7
B~ ~'7
R Gould, City Manager
For OLD POWAY, llC Date ) JJ() )07
("Old Poway")
By r J?l 'I~
Kevin McNamara, M<jnager
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