The URL can be used to link to this page

Home My WebLink About1a. PLN-11-00181-Agreement Recording Requested by and When Recorded Return to: City of Downey ATfN: City Planner IIIII Brookshire Avenue Downey, CA 90241 No fee for recording pursuant (Space above this lioe for Recorder's Office use only) to Government Code Sectlons 27383 SHARED PARKING AGREEME~ This Shared Parking Agreement ("Agreement") is entered into this LP-day of ~o.Sf,2011 by and between the Downey Memorial Christian Church, religious corporation (t'Church"] and Jaime Lopez, an individual ("Owner"), collectively referred to herein as the "Parties" with reference to the following faets: A. Jaime Lopez is the owner of property loeated at 8350 Florence Avenue, Downey, California, hereinafter called "Dental Offiee Property;" B. Pedro Hiram Rodriguez ("Rodriguez) intends to lease office space for a dental offiee at Dental Office Property; C. The need for parking for Rodriguez' dental office use is greater than the parking spaces available on the Dental Office Property; D. Pursuant to the Downey Zoning Code, Rodriguez requires a minimum of six (6) parking spaces to meet the City's parking requirement for a dental office use of which only four (4) can be provided on the Dental Office Property; E. Christian Missionary Society of the Pacific Southwest Region of the Christian Church is the owner of property located at 8441 Florence Avenue, Downey, CA ("Church Property") described in Exhibit "A" attacbed and incorporated by referenee herein; F. Chureh has more parking spaees on the Church Property than is needed during the operating hours for Rodriguez' dental office use; G. Pursuant to Section 9726 of the Downey Municipal Code, Rodriguez has applied to the City of Downey for a conditional use permit to allow Church Property as a substitute location for off-site parking for the dental office usc; H. Church agrees to license to Rodriguez two (2) parking spaces pursuant to the terms and conditions of this Agreement. NOW TIlEREFORE, the Parties hereby agree as follows: 1. The Property. The Property whieh is the subject of this Agreement is the the Church Property located in the City of Downey at: 8441 Florence Avenue, as described in Exhibit "A". 2. Shared Parking. 2.1. Church shall lieense to Lopez the use of two (2) parking spaces on that portion of the Chureh Property designated for vehicular parkin~J"LicensedParking Spaces") as illustrated in Exhibit "B" for Rodriguez' nonexclusive use during the hours of )/' 4 A-~ -W PlV\("Hours of Operation") when Rodriguez' dental office is in operation; provided, however that Rodriguez shall have no right to use the Licensed Parking Spaces on Sundays. 2.2. Rodriguez guarantees that there will be no substantial alteration in his dental offiee use that will create a greater demand for parking beyond the Licensed Parking Spaces. Church agrees to provide Rodriguez reasonable access to and use of the Licensed Parking Spaces during the Hours of Operation. The Licensed Parking Spaces will be available as long as Rodriguez' dental office use requiring the spaees is in operation. 2.3 Church, Lopez and Rodriguez shall each notify the City pursuant to the Notices provision in this Agreement if there is a change in eircumstanees which affects this Agreement. 3. Term. This Agreement is in perpetuity and can only be terminated if the expanded use on the Dental Office Property lapses such that the shared parking is no longer required by the City ofDowney or ifrcplacement parking has been approved by the City of Downey in accordance with Section 9726 of the Downey Municipal Code. Upon approval of replacement parking or submission of proof satisfactory to the City of lapse of use, City slall provide Owner or any sueeessor in interest with a release of this Declaration in a form which may be recorded in the Official Reeords of the Los Angeles County Recorder's Offiee. 4. Compensation. Rodriguez has agreed to pay Church fifty dollars ($50.00) per month f~ two (2) parking spaces on the Church property. 5. Insurance. At all times during the term of this Agreement, both Parties shall keep and rraintain, at his own cost and expense, comprehensive liability insurance with a eombined single limit of not less than Two Million Dollars ($2,000,000.00), insuring that party against elaims for bodily injuries and/or death and/or damage to property ineurred while on or about the property of the other and/or in connection with any act or omission thereon and/or any tortuous act or omission in or about the property of the other by the other party or that party's agents, employees, guests, invitees or licensees. Sueh insuranee shall name the other party as an additional insured. Upon request, either Party shall provide the other with certifieates or other evidence establishing that said party has obtained the policies ofinsurance required under this Paragraph. Any insurance required to be maintained by either party may be maintained in whole or in part either under a plan of self-insurance, or from a earrier which specializes in providing coverage to or fo-said party or its affiliates, or firms in the same or related businesses. 6. Maintenance and Alterations. 6.1. Maintenance Obligation. Rodriguez shall maintain, at his sole eost and expense, the Church Parking Spaees in good condition and repair, ordinary wear and tear excepted. 6.2. Alterations. Neither party shall materially alter, reconstruct or remodel the Chureh Parking Spaces so as to deercase the number or quality of spaees located thereon without the prior written consent of the other party, whieh consent shall not be unreasonably withheld or delayed. 7. Recordation. This Agreement shall be recorded in the Offiee of the County Recorder as a restriction on the Church Property. This Agreemcnt may not be amended or terminated without the prior written eonsent of the City of Downey. 8. Notices. Notices pursuant 10 this Agreement shall be given by personal serviee or by deposit of the same in the custody ofthe United States Postal Service, postage prepaid, addressed as follows: To Church: Downey Memorial Christian Chureh 844I Florenee Avenue Downey, CA 90240 2 To Lopez: Mr. Jaime Lopez 8350 Florence Avenue Downey, CA 90240 To Rodriguez: Pedro Hiram Rodriguez 8350 Florence Avenue Suite 100 Downey, CA 90240 Courtesy Copy to: City of Downey r J J J [ Brookshire Avenue Downey, CA 9024 J AUn: City Planner Notices shall be deemed to be given as of the date ofpcrsonal service, or two (2) days following the deposit of'the same by first class mail in the course of transmission of the United States Postal Service. 9. Sjgl)<llureli. In witness whereof, the parties have signed this Agreement on the date sci forth below. Church: Downey Memorial Christian Church, a religious corporation 8//,,/1 ciate ' Lopez: --ro4dL Rodriguez: Pedro Hiram Rodriguez, an lndiv idual By: ::t:_~ ~---------~--Dale Name: Pedro Hiram Rodriguez 3 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF k A..1fh)• On .Jhis Irlf. day of Av~tI(f-2011, before me, -'?t=----%.=""I~f;--__----; l>~vM~;-:;i a"IlOfary public in and for said state, personally appeared---:J;'~"'7 ,14.,.",,,,,, Jifl..lJ!,.,r, . who proved to me on the basis of satisfactory evidence) to be the personfs} whose name(Bt is/ere-subscribed to the within instrument and acknowledged to me that he/ehe executed the same in hislAef.authorized capacityttest,. and that by hislBs signature(s}-on the instrument the person(sj;-or theentityuponbehalfofw hich the person(fit, aeted, exeeuted the instrument. 1 eertify under PENALTY OF PERJURY under the Laws of the State of California tbal the foregoing paragraph is true and correct. WITNESS my hand and offieial seal. Xa'&~' Notary Publie State ofCalifomia 1.1"1 ' 11,2.D/rMy Commission Expires:--=--=_--,--_ e........ 1t11103 ....,PIIIIIC· C"'miI ...."""'"~ 6 ))) ACKNOWLEDGMENT STATE OF CALIFORNIA 55. COUNTY OF h-.~ On this IO~ day of M&u~T 2011, before me, P'Cl'C/Z. /... LA(£g a notary publie in and for said state, personally appeared rA/He t,..0PL2. ,who proved to me on the basis of satisfactory evidence) to be the personW' whose name(pJ@lre subscribed to the within instrument and acknowledged to me thai <Jjfishe executed the same in 4I!J'her authorized capaciL~. and thai by@her signalure(B1 on the instrument the person~, or the entity upon behalfofwhich the personW. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correet. My Commission Expires: 5·~-/3 7 To Lopez. Mr. Jaime Lopez 8350 Florence Avenue Downey, CA 9tJ240 To ROdriguez: Pedro lliram Rodriguez 8350 Florence A venue Suite 100 Downey, CA. 90240 Courtesy Copy to: City of Downey 11111 Brookshire Avenue Downey, CA 90241 Attn: City Plan ncr Notices shaH be deemed 10 be given as ofthe dale ofpersonal service, or two (2) days following the deposit of the same by first class mail in the course oftransmission ofthe United Slates Postal Service. 9. S~a~. Tn witness whereof the parties have signed this Agt«rm:nt on the date set forth below, Churt'h: Downey Memorial Christian Church, 8. religious corporation By: _ Dale Name:._77__~_ Title: President Lopez: Jaime Lopez, <In Individual By: Date Name: Jaime I .opcz Rodriguez: Peoro Hiram Rodriguez, an Individual ue ACKNOWLEDGMENT STATE OF CALIFORNIA ) 55. COUNTY OF _~~_~ of ~~ 2011, before me, (lli--~ ~~~~~~~~'~~n;Otfu'YP1lbliC in and for said state, personally appeared~E~~~a• (YL.. ... Q..L-, who proved to me on the basis of satisfactory evidence) to~ the~perso~ whose nam Sf subscribed to the within instrum~and acknowledged to me tha~she executed the same in i er authorized. capacity~ and that by er signaturejs) on the instrument the person%"or the entity upon behalfofwhich the persorue), acted, exec ed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. "@-"JOSH EVANS ~ al COMM #1894050 ~. NOTAAYPUBUC'CA!JFORNIA ~ ~ KERN GOUNTY ~a~z~o.-' 1k: . MyCOrnm.Exp.Jlln.27.201-4A.04 •••••• 0000 __ State of California My Commission EXPires:~:t1, EXHIBITB MAP OF LICENSED PARKING SPACES '5 f'3t=' !hrffCtf~1" Pt-C> -r PL ",,-rJ 5 --------,. ...,,~~-~,,:~:::...~~---.--_.. -.----I .l . L-, --, 1 .---~ ~ ,Uj: ~-~=~: ;i ,,-' ~ .... ,,, ~ -.~ I ,: ,, 1 .. " ii !I II I',I I' I' " ,. " , . " , 1--I \i .. -·1, , '--' . , r, ''''1 I ·· ·· ~'I' ". '..: I ~ , 'f---c---';,.j'-~------Ij EXHIBIT A LEGAL DESCRIPTION CHURCH PROPERTY /3/2 OI'1-IJ {> s ASSESSOR'S PARCEL NUMBER:--,(P:'::...':~""=~ ~ PORTION OF THE RANCHO SANT~ GERTRUOES, IN THE CITY OF DOWNEY. IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 156 OF P~TENTS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: \BEGINNING AT THE NDRTHE~TERL YTERMINUS OF COURSE OF "SOUTH 310 10' 20" WEST 105.25 FEET IN CENTER LINE OF DOWNEY AVENUE (FORMERLY CRAWFORD STREET) AS SAID COURSE IS SHOWN ON MAP OF TRACT NO. 6155. RECORDED IN BOOK lOB PAGES 6 AND 7 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, AND BEING THE POINT OF BEGINNING AS DESCRIBED IN THE DEED RECORDED IN BOOK 17593 PAGE 2B6, OFFICIAL RECORDS. IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE CENTER LINE OF FLORENCE AVENUE. AS DESCRIBED IN SAID DEED, SOUTH 640 26' E~T 461.72 FEET; THENCE NORTH 310 12' 20" EAST 652.47 fEET; THENCE SOUTH 580 44' 10' E~T 407.80; THENCE SOUTH 310 11' 30" WEST 409.05 FEET; THENCE \ SOUTH 580 44' 10" EAST 99.53 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING SOUTH 580 44' 10" EAST 199.07 FEET; THEf£E SOUTH 31 °11' 30" WEST 372.64 FEET TO AN INTERSECTION WITH THE CENTER LINE OF FLORENCE AVENUE, AS SHOWN BY COUNTY SURVEYOR'S MAP NO. B·761·ON,FILE IN THE OFFICE OF THE SURVEYOR OF SAID COUNTY; THENCE NORTHWESTERLY 200.00 FEET ALONG SAID CENTER LINE TO A LINE BEARING SOUTH 310 11' 30" WEST FROM THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 310 11' 30" E~T 392.92 FEET TO SAID TRUE POINT OF BEGINNING. \ EXCEPT THEREFROM THE PORTIDNS THEREOF WITHIN SAID FLORENCE AVENUE. 4