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Home My WebLink AboutExhibit 4Exhibit No. 4 �n 66 =!49743 OaoT dE oOUNiY, CALWORNIA •3 a5 pm qpR 15 '86 mw RY:LIFC7E0 BY 046 Q a...wry WHE fmxft ' N RECORDED, RETT)RN TO: LATHAM & WATKINS 555 South Flower Street Los Angeles, CA 90071 -2466 Attn: J. K. Hachi.gian 5FC9010 COVENANT AND AGREEMENT REGARDING MAINTENANCE OF OFF- STREET PARKING SPACE AFFECTING PARCEL 1 OF PARCEL MAP FILED IN BOOR 45, PAGE 23 AND PARCEL 1 OF PARCEL MAP FILED IN HOOK 183 PAGES 14 THROUGH 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY, CALIFORNIA Zd WdST:2T SOW ®£ '�tl 6L669L9 -646: 'ON Xtld. S,AZ W HBOW W: woad 8.; 49743 THIS COVENANT AND AGREEMENT FOR OFF- STREET PARKING SPACE (the "Agreement ") is made as of January 14, 1986, between STUART MITCHELL KETCHUM, JR. ( "Ketchum ") and THE DEVIL'S TRIANGLE; PARTNERSHIP, a California general partner- ship ( "Devil's Triangle "). Ketchum owns the property si- tuated in the State of California, County of Orange, City of Newport Beach described as follows: Parcel 1 of Parcel Map 83 -705 as per map filed in book 183, pages 14 and 15 of Parcel. Maps in the Office of the Recor- der of said County (hereinafter the "Continental Property ")i and Devil's Triangle owns the adjoining property described as follows: Parcel 1 as shown on a.Parcel Map filed in book 45, page 23 of Parcel Maps in the Office of the Recorder of said County (hereinafter the "El Torito Pro- perty"). RECITAL The Planning Commission of the City of Newport Beach, California (the "City ") has approved, subject to certain conditions, Devil's Triangle's request to allow the use of an existing open courtyard for dining and drinking purposes in the El Torito Restaurant (located on the E1 Torito Property). One condition requires that a covenant for additional automobile parking spaces be established to run with the Continental Property for the benefit of the El Torito Property, and another condition requires a grant of an easement for and the construction of a sidewalk linking the covenanted parking spaces on the Continental Property to the E1 Torito Property. The purpose of this Agreement is to satisfy said conditions. ARTICLE 1. COVENANT AND EASEMENT Section 1.1 - GRANT OF COVENANT. The owner of the ContinenEial Property hereby covenants and agrees to provide on the Continental Property, for the benefit of the El Torito Property, together with a 3WI7 usive eesaiecceas to ingress to, agrasa from, and use and enjoyment of the parkin spaces for (i) passage of vehicles, (ii) passage of pedestrian traffic, and (iii) other uses incidental to such passages £d Wd9T:ZT S'09Z or 'adu 6L665L9-666: 'MI MA S.ANM 2sILlH : WDW 80.:149748 reserving, however, in favor of the owner of the Continental Property, all rights of access to, ingress to, egress from and use and enjoyment of the parking spaces not otherwise inconsistent with the parking rights granted herein. Section 1.2 - GRANT OF EASEMENT, The owner of the Con- tinents Property hereby grants a nonexclusive easement for the passage of pedestrian traffic, and other uses incidental to such passage, over the Continental Property from the parking spaces, as covenanted in Section 1.1, to the El Torito Property over such portion of the Continental Property as the owner thereof shall reasonably designate. The owner of the E1 Torito Property shall have the right, after obtaining the approval of the Continental Property owner, which such approval shall not be unreasonably withheld, to construct a sidewalk along the easement route. Such sidewalk shall be constructed and maintained at the sole expense of the owner of the E1 Torito Property. The owner of the Continental Property shall have the right, at its sole expense and subject to the approval of the owner of the E1 Torito Property, which such approval shall not be unreasonably withheld, to relocate the easement and reconstruct a sidewalk along the relocated easement route. Sectien 1.3 �- TEMPORARY LOSS OF PARKING SPACES. The owner o e on inental Property shall have the right from time to time, in order to accomodate construction or other activities on the Continental Property, to temporarily relocate some or all of the covenanted parking spaces to an off -site location (not on the Continental Property) which, under the then - present circumstances, will enable the owner of the E1 Torito Property to use the same with as little inconvenience to such owner as is practicable under the circumstances. Section 1.4 - PARKING CHARGES. The owner of the Continental roperty s all have the right to assess and collect from any Person parking on the spaces covenanted in Section 1.1 a parking fee in the amount as follows. (a) As long as such parking spaces are surface parking., the fee shall be FORTY DOLLARS ($40) per month per space. (b) If the parking spaces are located Off-site on an interim basis pur- suant to Section 1.3, the fee shall be an amount necessary to reimburse 4d Wd9T:ET 900E e£ 'JdH 646694 9-646: 'ON XUA S.AN W OMnUNUH: Woad. y� I o:.) 4943 the owner of the Continental Pro- perty for its costs of providing each such interim parking space. (c) If the parking spaces are located within a parking structure, the fee shall be the greater of (i) EIGHTY DOLLARS ($80) per month er space or (ii) the ARTICLE 2. GENERAL PROVISIONS 1^- TERM. This covenant and easement lb At the expiration of such term, the owner of the E1 Torito Property shall provide to the owner of the Continental Property a quitclaim deed or other documents necessary to eliminate of record the cove- nant and easement established by this Agreement. Section 2.2 - COVENANTS TO RUN WITH LAND. The covenants and easements established herein are for the benefit of the El Torito Property and are intended to be and shall be con- strued as covenants running with the Continental Property and equitable servitudes upon the Continental Property and every part thereof. Furthermore, each and all of such covenants and easements shall be binding upon end burden, and shall inure to the benefit of, all persons having or acquiring any right, title or interest in the Continental Property, the E1 Torito Property or any part of either thereof, and their respective successors and assigns, all upon the terms, provisions and conditions set forth herein. Section 2,3 - GENERAL INTERPRETATION (a) If any term, provision or condition contained in this Agreement (or the application of any such term, provision or condition) shall to any extent be invalid or unenforceable, the remainder of this Agreement shall be valid and enforce- able to the fullest extent permitted by law. (b) When the context in which words are used herein indi- cates that such is the intent, words in the singular number Shall include the plural and vice versa. All pronouns and any variations thereof shall be deemed to refer to all gen- ders, and the term "person" shall include natural indivi- duals, corporations, partnerships, unincorporated organiza- tions, associations, trusts, estates and all other forms of 3 Sd Wd91 :2T 560Z WE 'Jdtl 6L665L9 -6m6: 'ON XUJ S,AM1W N NHH: WMH $n:.! 49743 entities. The captions of the Articles and Sections herein are for convenience of reference only and shall not be con- sidered or referred to in resolving questions of interpre -. ration or construction. IN WITNESS WHLREOP, Ketchum and Devil's Triangle have executed this instrument as of the day and year first above written, THE AEVIj.' S TRIANGLE P E HIP By: / tuart e c um as a general partner By: SANTA ASSOCIATES, a California limited partnership, as general p rtn aye tuar etc um, its Sole general partner 4 9d WdLT:ZT 5902 0£ '-tdtl 6L66SL9- 6V6:.'W XUJ - SIAMW 299ZfiMUH: -WMJ STATE OF CALIFORNIA COUNTY OF On &4. y said State, personally appeared )))before me, the undersigncd, a Norary Public in and for _$' proved to me on to asis of satisfactory evidence to be the j!oMan who executed the within instrument as of the partners of the pantxrship that cxccuted the within instrumcnt, and acknowledged to me that such partnership executed the same. WITNESS my, d and official sed. r $IgnatUCe Ld WdLT:ZT 900Z 0E 'adH 6L66SL9 -606: *ON Xtld mix un for offielal noadd scan S,.tMW H3MntihlHH: I,108.3 a COUNTY OF On Ss. said State, personay appeared before me, the undersigned, a Notary Public in and for UC i satisfactory ct�� , PcroonallY known to me or proved inc on the �baslso Satisfactory ej,'4idenec the Within instrument of to be the pemn who vvp.6.,.A the partnership chat c Xec.0 he within Im ' !!'" and behalf of ger 4r Me cy I th execu hcme ------------ Cu, said Wt '�Mmdj"p."a�,,mmam_ hip executed the same, tVITNESS my h5qd and official $add. Signature '-,:A:. S C. AUA;40 (This Lreit for offkW nondil WA) ---------- certi GOVER""T CODE 27-361. 7 fY nder penalty Of Perjury. that the notary seal On the to which this statement - 11 15 attache reads as fojlows: doe •19j'e Of %'Otary �Im _I E�� e ,rate _ it;Tl 'e Cor%mjS!;j0n —yx Expires MIrx72�' Zoun tM"here bond 4S filed Place Of /-'-Recution Date _4L 21 STATE OF CALIFORNIA l �1497'4,�