1985-0513_CONRAD & PASTA HOUSE FARANTELLI_Joint Parking Agreement!,city" 85 -1'72985
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Recording Requested By, and
When Recorded, Return To:
City of San Juan Capistrano
Office of the City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ivr Ai�w
MARY AN OVER, City Clerk
San Juan Capistrano, California
EXEMPT
C15
JOINT PARKING
RECORDED IN OFFICIAL RECURUb
OF ORANGE COUNTY CALIFORNIA
.4 02 PM MAY 13'85
COUNTY
RECORDER
This Joint Parking Agreement (the "Agreement") is made
effective as of M a y '7 , 1985; between the CITY OF SAN JUAN
CAPISTRANO ("City"), RONALD L. uUNRAD and BARBARA D. CONRAD
(collec`ively "Landlord"), and PASTA HOUSE FERRANTELLI, a
California partnership, ("Tenant"), who agree as follows:
1. Recitals. This Agreement is made with reference to the
following facts and objectives:
a. Landlord is the owner in fee of certain improved
real property located in the City of San Juan Capistrano, County
of Orange, State of California, which property is commonly known
as 26802 Avenida Padre, San Juan Capistrano, California 92675,
and which property is more particularly described in Exhibit A
attached hereto and incorporated herein by this reference.
b. Tenant operates a restaurant on premises contained
in the above-described real property (the "Real Property").
C. Tenant desires to expand its restaurant operation.
To implement the plans to expand the restaurant operation,
Landlord and Tenant applied to City for a conditional use permit
to authorize such expansion.
d. On December 11, 1984, the Planning Commission of
City passed, approved, and adopted, Planning Commission
Resolution Number 84-12-11-2, authorizing such expansion on
condition that a joint parking agreement be executed by City,
Landlord, and Tenant.
e. The parties hereto desire, under the provisions
set forth in this Agreement, to enter into a joint parking
agreement in satisfaction of the condition to approval of
Conditional Use Permit 84-10.
2. Restaurant area. Tenant may use no more than 950
square feet of the area inside the building located on the Real
Property as a dining area.
85--172985 40
3. Outside dining. In addition to the dining area
referred to in paragraph 2 above in this Agreement, Tenant may
utilize sidewalk area immediately adjacent to the building for
dining purposes, provided that dining shall not commence in any
such sidewalk area before 5:30 p.m. local time on any given day.
4. Other uses of the Real Property. Landlord agrees to
restrict all tenants within the building located on the Real
Property, other than Tenants, to office uses only.
5. Amendment of Agreement. This Agreement may be modified
in whole or in part only by a writing executed and acknowledged
by all parties hereto.
6. Successors. This Agreement shall be binding upon and
inure to the benefit of the parties and their successors and
assigns.
Executed as of the day and year first written above.
Dated: s/&lf5
Dated: 5-/&/,f S
State of California )
) ss.
County of Orange )
Landlord
Z'0"�a� a
RONALD L. CONRAD
• . .
On this (orA day of , 19L.5, before me, the
undersigned Notary Public, persoAally appeared RONALD L. CONRAD
and BARBARA D. CONRAD, pe__ --"i '____... `^ - proved to me on
the basis of satisfactory evidence to be the persons whose names
are subscribed to the within instrument, and acknowledged that
they executed it.
WITNESS my hand and official seal.
------------------
OFFICIAL SEAL
MARY A CARLSON
NOTARY PUBLIC - CAIIPORNIA
ORANGE COUNTY
My comm. explm JAN 0, 1903 5
&-�' a
My commission exipres:
City
CITY OF SAN JUAN CAPISTRANO
Dated: May 7, 1985 By
6&4�
PHILLI R. SCHWARTZE, AUNOR
ATTEST:
Dated: May S. 1985 By
MARY AN A OVE , CITY CLERK
Approved as to form and content:
JO SHAW, CITY ATTORNEY
State of California
ss
County of Orange
On this the day of ,
HANOVER, the undersigned Notary Public,
PHILLIP R. SCHWARTZE, personally known
executed the within instrument as Mayor
municipal corporation therein named, an
the municipal corporation executed it.
WITNESS my hand and official seal.
-----------------
OFFICIAL SEAL
MARY ANN HANOVER
m
NO
PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires APR 20, 1988
State of California
ss
County of Orange
1985, before me, MARY ANN
personally appeared
to me to be the person who
or on behalf of the ''
d acknowledged to me that
I , — HIM
Irmo MMPIAI 9 V � "�-w FrX
nature
On this mayA day of L `a 1985, before me, MARY A.
CARLSON, the undersigned Ndtary Public, personally appeared MARY
ANN HANOVER, personally known to me to be the person who executed
the within instrument as City Clerk or on behalf of the municipal
corporation therein named, and acknowledged to me that the
municipal corporation executed it.
WITNESS my hand and official seal.
Ot • !. SEAL
A1AIty A f ARISON
NOTAR/ 1UM,K • CJILIFORNIA
ORANGE WWITY
My comm. expires M 5, 1988
�n �a cgAy.�
Not ry Signature
0
State of/glvtnl d
SS.
County of ojna ham 111111
F0OFFICIAL SEAL
MARY A CARLSON
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My mmm. expires JAN 5, 1988
1]
85--172985
On this theday of
the undersigned Notary Public, personally appeared
L personally known tome
19; before me,
X proved to me on the basis of satisfactory evidence I %.
to be the pel whose name( As subscribed to to the
within instrument, and acknowledged that a �P- executed it.
WITNESS my hand and official seal.
GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd .• Woodland Hills. CA 91360
85--172985
Tenant
PASTA HOUSE FERRANTELLI
Dated: _5�<3�85 BY��
LAWRENCE A. MA CCHIO
Partner
Dated: 51W,5 By
ANTHONY G# DeSANTIS,
Partner
State of California
ss
County of Orange
On this 3� day of , 19�$, before me, the
undersigned Notary Public, pj6rsonally appeared LAWRENCE A.
MAZZOCCHIO ani nF7�HAA��f 6-DeGAhmra
proved to me on the basis of satisfactory evidence to be the
persons who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed
it.
WITNESS my hand and official seal.
L SEAL
CARI.SON
[q::rj07TARWYPUB',-1C_ CAUFO^�NIA
GOUNTYres JAN 5, 1988
nn- a. oajsq- J
My commission expires: /5/sT
SAN J
May 10, 1985
Ron Conrad
14 Corporate Plaza Drive
Newport Beach, California 92660
Re: Joint Parking Agreement - Conditional Use Permit 84-10
Dear Mr. Conrad:
The City Council of the City of San Juan Capistrano at its
regular meeting held May 7, 1985, approved the Joint Parking
Agreement which is included in Conditional Use Permit 84-10
allowing the expansion of Pasta House Ferrantelli's. The
Agreement has been forwarded to the County for recordation.
A copy of the Agreement is enclosed for your records.
Thank you for your cooperation.
Very truly yours
MARY ANN OANOVER, CMC
City Clerk
MAH/mac
cc: Director of Community Planning
and Development
David Wilshin, Esquire
SAN J » . P45TR @� CA 1 IPlp 92675
May 10, 1985
Lawrence A. Mazzocchio
Anthony G. DeSantis
Pasta House Ferrantelli's
26802 Avenida Padre, No. 103
San Juan Capistrano, California 92675
Re: Joint Parking Agreement - Conditional Use Permit 84-10
Gentlemen:
The City Council of the City of San Juan Capistrano at its
regular meeting held May 7, 1985, approved the Joint Parking
Agreement which is included in Conditional Use Permit 84-10
allowing the expansion of Pasta House Ferrantelli's. The
Agreement has been forwarded to the County for recordation.
A copy of the Agreement is enclosed for your records.
Thank you for your cooperation.
Very truly yours,
MARY ANN H OVER, CMC
City Clerk
MAH/mac
cc: Director of Community Planning
and Development
David Wilshin, Esquire
0
AGENDA ITEM
0
TO: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
SUBJECT: Joint Parking Agreement - CUP 84-10
(Conrad/Ferrantelli)
SITUATION
May 7, 1985
A. Background - On December 11, 1984, the Planning Commission
approved CUP 84-10 which involves a joint parking
agreement allowing the expansion of Pasta House Fer-
rantelli's. As a condition of approval consistent with
the Municipal Code, such an agreement is to be executed
and recorded between the City and applicant. The
applicant has submitted an agreement for City approval.
B. Summary and Recommendation - The City Attorney has
reviewed the draft agreement and approved it as to form
and content. Staff is therefore recommending approval
and execution by the Mayor (see attached).
FINANCIAL CONSIDERATIONS
None, except the normal administrative costs for reviewing
the agreement.
ALTERNATE ACTIONS
1. Approve the agreement for recommendation.
2. Deny the agreement for recommendation.
RECOMMENDATION
By motion, approve the joint parking agreement and authorize
the Mayor to execute on behalf of the City.
Respectfully submitted,
Thomas G. Merrell, Director
Community Planning and Development
TGM:TT: ldt
Attachment
FOR CITY COUNCIL AGENDA ,,,_
'JZA00 P SS AGRjA"CT
4 }
SAN JIJAK:ICAPISTRAr. CALLk+3411A 92675
6
PN VN 449,]:117 a s l
April 15, 1985
Mr. David Wilshin, Esq.
Suite 270
Crown Valley Professional Center
30131 Town Center Drive
Laguna Niguel, CA 92677
Re: Ferrantelli Joint Parking Agreement
Dear Dave:
Please be advised that the draft of the Parking Agreement submitted
to this office is approved. We will schedule the Agreement for City
Council approval at its next available meeting of May 7, 1985. By
a copy of this letter, I am requesting Senior Planner, Tom Tomlinson,
to schedule this matter for the consent calendar for the May 7 meeting.
Very truly yours,
John R. Shaw
City Attorney
cc: City Manager
Tom Tomlinson, Community Development