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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