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Home My WebLink AboutC-5889(D) - Monrovia, 1499 - Parking Covenant 2022Batch 13910561 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: PCHS Facilities LLC 883 W. 15th Street Newport Beach, CA 92663 Attn: Luis Garcia WITH CONFORMED COPIES TO: City of Newport Beach Attn: Planning Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II IIII II I IIII II I II II IIII LI II 28.00 *$ R 0 0 1 3 7 2 0 7 3 4$ 2022000174215 2:49 pm 05109/22 227 RW9A C38 8 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00 Space Above Line For Recorders Use Only PARKING COVENANT "Ry THIS PARKING COVENANT ("Covenant") is made this Q day of Atpril, 2022, by PCHS Facilities LLC, a California limited liability company ("PCHS") and the City of Newport Beach, a California municipal corporation and charter city ("City") to satisfy the requirement of PCHS' Conditional Use Permit No. UP2021-037 (PA2021- 221) to provide off-site parking. WITNESSETH: WHEREAS, on November 18, 2021, the City's Planning Commission approved Conditional Use Permit No. UP2021-037 authorizing PCHS to expand its school enrollment and operations at its facility at 1499 Monrovia Avenue, Newport Beach, California 92663 (APN: Portion of 424-401-14) ("Monrovia Property") and at a leased facility located at 883 West 15th Street, Newport Beach, California 92663 (APN: 424- 011-37) ("West 15th Property"), which are legally described in Exhibit "A" and Exhibit "B", respectively, subject to certain conditions of approval, under Resolution No. PC2021-030; WHEREAS, under those certain conditions of approval, PCHS is required to provide thirty five (35) legally established off-site parking spaces to supplement the sixty two (62) legally established on-site parking spaces at the Monrovia Property and the forty (40) legally established on-site parking spaces at the West 15th Property; PCHS Facilities, LLC Parking Covenant Page 1 Page 1 of 2 https://(�s.secure-recording.com/Batch/Confirmation/13910561 05/0q/?022 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: PCHS Facilities LLC 883 W. 15th Street Newport Beach, CA 92663 Attn: Luis Garcia WITH CONFORMED COPIES TO: City of Newport Beach Attn: Planning Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 PARKING COVENANT Space Above This Line For Recorder's Use Only "Fly THIS PARKING COVENANT ("Covenant") is made this q day of April, 2022, by PCHS Facilities LLC, a California limited liability company ("PCHS") and the City of Newport Beach, a California municipal corporation and charter city ("City") to satisfy the requirement of PCHS' Conditional Use Permit No. UP2021-037 (PA2021- 221) to provide off-site parking. WITNESSETH: WHEREAS, on November 18, 2021, the City's Planning Commission approved Conditional Use Permit No. UP2021-037 authorizing PCHS to expand its school enrollment and operations at its facility at 1499 Monrovia Avenue, Newport Beach, California 92663 (APN: Portion of 424-401-14) ("Monrovia Property") and at a leased facility located at 883 West 15th Street, Newport Beach, California 92663 (APN: 424- 011-37) ("West 15th Property"), which are legally described in Exhibit "A" and Exhibit "B", respectively, subject to certain conditions of approval, under Resolution No. PC2021-030; WHEREAS, under those certain conditions of approval, PCHS is required to provide thirty five (35) legally established off-site parking spaces to supplement the sixty two (62) legally established on-site parking spaces at the Monrovia Property and the forty (40) legally established on-site parking spaces at the West 15th Property; PCHS Facilities, LLC Parking Covenant Page 1 WHEREAS, PCHS entered into that certain agreement with Coast Community College District ("College District") on September 7, 2021, to provide the required off- site parking at College District's property located at Coastline Community College, 1515 Monrovia Avenue, Newport Beach, California ("Designated Parking Area"), WHEREAS, Newport Beach Municipal Code ("NBMC") section 20.40.100 requires the recording of a parking agreement guaranteeing the long-term availability of a parking facility used for off-site parking; NOW, THEREFORE, PCHS and City agree as follows: Guarantee of Off -Site Parking. PCHS hereby guarantees that thirty-five (35) off- street parking spaces shall be available at the Designated Parking Area for the benefit of faculty and staff of PCHS working at the Monrovia Property and West 15th Property. Should the Designated Parking Area become unavailable, PCHS shall provide another suitable and convenient location, as determined by the City of Newport Beach's Community Development Director, to comply with off-site parking requirement. 2. Loss of Off -Site Parking. a. Notification of City. PCHS shall immediately notify the Community Development Director of any change of ownership or use of the Designated Parking Area, or changes in the use that the spaces are intended to serve, or of any termination or default of the parking agreement between PCHS and College District. b. Effect of Termination of Agreement. Upon notification that the aforementioned parking agreement has terminated, PCHS shall do one of the following, within a reasonable time established by the Community Development Director: Provide substitute parking that is acceptable to the Community Development Director; Reduce the size or intensity of the use permitted by Conditional Use Permit No. UP2021-037 in proportion to the parking spaces lost; or iii. Obtain a parking reduction pursuant to NBMC Section 20.40.110 rendering the required off-site parking unnecessary. 3. Termination of Covenant. Upon the removal of the off-site parking condition in Conditional Use Permit No. UP2021-037 or should said conditional use permit be terminated, the Parties may terminate this Covenant by executing and recording one or more documents to remove this Covenant from the Official Records of the County of Orange, State of California. PCHS Facilities, LLC Parking Covenant Page 2 4. Runs with the Land. This Covenant shall run with the land and shall be binding upon the undersigned, and any and all future owners, encumbrances, successors in interest, heirs, and assignees who acquire in any way, all or any portion of the title to the Monrovia Property and PCHS's interest in the West 15th Property. 5. Recording. This Covenant shall be recorded against the Monrovia Property and PCHS's interest in the West 15th Property in the Official Records of the County of Orange, State of California. [SIGNATURES ON NEXT PAGE] PCHS Facilities, LLC Parking Covenant Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Covenant to be executed the dates written below. PCHS: PCHS Facilities LLC, a California limited liability company By: Pacifica Christian High School - Orange County, Inc. Its: Managing Member Date: S Z t2- it Keith Carlson President CITY: CITY OF NEWPORT BEACH, a California municipal corporation Date: ti -Z 1 a K. Leung uity Manager ATTEST: Date: Leifan-i I. Brown City Clerk [Owner signatures must be notarized] Date: 051Oz1 ZoI- Z - Michael Hill Secretary APPROVED,AS TO FORM: Date: �-Z27 Zz- 4 t �yAttorne n C. Harp APPROVED FOI Date: -7 y�zo RECORDING: W Seimone =Zvelopment Comm unDirector ATTACHMENTS: EXHIBIT A: Legal Description of Monrovia Property EXHIBIT B: Legal Description of West 15th Street Property PCHS Facilities, LLC Parking Covenant Page 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0 t1 ss. On Ohl 20 �-X before me, 6"1,*A JL -A l0t o (A ) Notary Public, personally appeared 1-X T-1 01 rr l AM 6AK�-JO& , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 4yE"„°`,raF SYLVIA BLANCO IWAI t” s Notary Public California z Z ' Orange County > Commission !12308633 r (seal) State of California Countoqu--- 19-fVA JQi }ss. On 201i fore me, Pubo ,L tai Notary Pub personally appeared 1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. „, > GINA M. LEONG WITNE my hand and offi ial seal. Notary Public • California' Orange County r Commission p 2365526 �� " My Comm, Expires Jul 14, 2025 Signature (seal) PCHS Facilities, LLC Parking Covenant Page 5 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) PCHS Facilities, LLC Parking Covenant Page 6 EXHIBIT A Legal Description of Monrovia Property Real property in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL 2 AS SHOWN ON EXHIBIT "A" OF LOT LINE ADJUSTMENT NO. LA 2007- 002 RECORDED OCTOBER 4, 2007 AS INSTRUMENT NO. 2007000598931 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE NORTHERLY 60.00 FEET, BEING MORE PARTICULARLY DESCRIBED AS THAT PORTION OF 15TH STREET (60.00 FEET WIDE), VACATED AND ABANDONED BY RESOLUTION NO. 67-863 OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 11, 1967 IN BOOK 8339, PAGE 801, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. APN: Portion of 424-401-14 PCHS Facilities, LLC Parking Covenant Page A-1 EXHIBIT B Legal Description of West 15th Street Property PARCEL 2 OF PARCEL MAP NO. 88-285, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 237, PAGES 1 THROUGH 3 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 424-011-37 PCHS Facilities, LLC Parking Covenant Page B-1