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Replacement Parking Agreement Betweeen the City of Poway and Old Poway, LLC 2007-0302986 ~., ~," '~ . . . . . r----. - , [-W~'# 2007-030~98b _ ._Jt__ ! 11111 Iii 111111111111111II11111111111 1111111II11111111111 111111/111111 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 Nr I.iF;EC,UF:'I.1 ,i-..1ITH 1~:)UrJrl F':~TCjRlIEr-:i FEE' 1100 WHEN RECORDED MAIL TO' F ~.C1E'-, 4 ICon iIOOOO~~OOOOOOoooooooooooom~ 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 ~ o 'J-Df::}- - ~'~ - i\ r J. .- . . 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 '.~""'. . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ ~="",,==~~~~~~~~~~~~~~~h" ~= '.- ' . -. .... ..., '~~="""'-~==""'=~~ I' ,I :', Stateofcal~. r ~ County a! tJ\ 1)\Oef: ~ ~/wlD1-' ;;iJ On I' I Dale , Tltlaof OMICEtr(e.g , [, ., [, personally appeared I~'" I Na~~~~~1 . ;, ~erSOnallY known 10 me )'.: . D proved to me on the basis of satisfactory I, . ,I J - - - - - ev,dence - .- - - - - - ,I @ SHElLEYCOWNS _ Commlsalon # 1446353 f to be the perso~ whose name.l* ((;lase" ., ~ ... Notary Public. CaUfomJa f subscribed to the withjp, instrument and j San Diego Caunly f acknowledged to me that 6Ji/sJ;>e1t1tey executed I:' MvComm,Exp/nls0cl21,2007 the same in @~tbeir )l\'thorized ~,i I, - - - - - - - - - - - __ capacity(le3'1,"" and that by fyR-e1'f!be1T @ ~ signature(,ol'On the instrument the person,*"or !l!; ~ the entity upon behalf at which the perso$) ~ ~ acted, executed the instrument. ~ ~ ~ ~ ~ ?it g ~ ~ , ~ ~ OPTIONAL ~ ThougfJ the mformatlon below IS not reqUired by law It may prove valuable 10 persons relymg on the document and could prevent ~ fraudulent removal and reattachmem of this form to another document. ~ ~ Description of Attached Document , l1t1e or TYPP"Of Document P-tpJOtl7}l:f POM~ agmt. CLi:j ~Q&i~ UC~ Document Date: ?-/'2l> 0 r:J- Number of Pages: Z- ~ .' mO ~ , Signer(s) Other Than Named Above: 1{,p,VIA'L-- N{LrYl aA.tL- I' I' ,I : Capacity(ies) Claimed by Signer: ,. " l'i, Signer's Name: ~ I, ~ I 0 Individual Top 01 thumb here ~ o Corporate Officer - Title(5): ~ " 0 Partner - 0 Limited 0 General ~ ,. 0 Morney-in-Fact 'g I. 0 Trustee ~ 1;S I, D Guardian or Conservator ~ o O~ff ~ , ~ I' Signer Is Representing: ~ , I ,x,-,-' _ '@;'~~~~~%~'Q<:;Q<;'~~~===~~'<X:;Q,,~~~'@;,~=_~_=_~='Q'')', C 19S9 NatIonal Notary Association. 9350 Oil Solo Ave.. P.O. Box 2402. Chatsworth. CA 9131J.-2402 . www.nalionalnotary.OlgProd.No. 5907 Roo!der. Call TolI.Free '.800-876-6827 --- ....-;-.-':. . if - - -' . . , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ , I ( State of califOrnia} I / . /'.. _ ss. I, County of =::X:-,,-- t,)' '-:20 ,I i, F: ' '1. "A _. :b ,I _ I On, ""'<C~"'--=-~.-<-I ~I before me, \ c \e...- ta ' I' IJ- [, personally appeared v-...t.....; .~^--- \ M.c....AJc;.._!.r'\.-'--c~ ~(~L ~ Name(s)of Slgner(sl I, g personally known to me ( . proved to me on the basis of satisfactory I evidence ] I I i' to be the person(s) whose name(s) is/are I J~~-~-- I. UNDAOOCKlER'- -. subscribed to the within instrument and i'6) Commission 1/ 1486818 ~ acknowledged to me that he/she/they executed I I ~. _. _ Nofary Publlc,- California ~ the same in his/her/their authorized . San Diego County - capacltY(les), and that by hls/her/thelf '. ' MyComm. E'piresApr30 2008 srgnature(s) on the Instrument the person(s), or I I. 'the entity upon behalf of which the person(s) I r, acted, executed the instrument. I I, ,I I, WITNE Smy hand and official seal. I I, uA/\."-.- I' I ,I I I OPTIONAL I Thoug,7 the information below is not required by law, it may prove valuable to persons relying on the document and could prevent I ' fraudulent removal and reattachment of this form to another document. I I Description of Attached Docul11.ent }"" . L B t- <.~ R-L~ C-..c-e......rA-LrI",...'- c........~ 0'3 ~~L\''''-~''''''''''-l - L ...-'c:. I Title or Type of Document: l><-L G'l-1 0-'.' \"" ^ 1 ~ O\e\ f'>6~''--1 LI-.c. I I, Document Date: r-C-""~~~l :2c~ :Lc.C.7 Number of Pages: 2 I, [ Signer(s) Other Than Named Above: [, I Capacity(ies) Claimed by Signer I 1 [ Signer's Name: 1 o Individual Top of thumb here' '1 D Corporate Officer - Title(s): ,I D Partner - D Limited D General I D Attorney-in-Fact D Trustee r, 0 Guardian or Conservator J D Other: I [ Signer Is Representing: 1 " - C 1999 National Notary Assodalion' 9350 DII SotoAVII. P.O. Box 2402' Chalsworth, CA 91313-2402' MVW_nalionalnotary_org P:od. No_ 5907 Reorder: Call Toll Free 1 aoo-876~27