HomeMy WebLinkAboutROBERT J. KOURY - IHOP - 2002-12-03 1
(ITT at IUh11h6foM III(? FROM THE DESK OF
Gustavo A. Duran
Economic Development
(714) 374-1529
durang@surfc-ity-hb.org
.4
(N
y ti Y
12,
_ Q��
/ r
',, Official Copy ,
�y `""` z' . office of theldi "`.dlerk' •:~ Records r This information has on inated from the Ci Clerk's Office
Rer-1D In(12SS7, 5258)
Alpha Category Entered Status Doc No/Type Expires Box ID Label
KO 600.10 08/04/1998 Active 12557 Koury, Robert subordination agreement between Robert Koury&
City of HB& Union Central Life Insurance Co - real property at 200
Main St 716198
KO 600.30 06/06/1994 Active 5258 REDEVELOPMENT AGENCY-Assignment 41 Koury Lease to BJ's
Chicago Pizzeria Acceptance of Covenant and Lien For In-Lieu
+ Parking Fee -616194
Total Records Selected: 2
1
,..�� ,.�� -- �,.,..� Cup� - �'� •
C
November 26,2002 4:31 PM
Page 1 of 1 .
- • This Docume as electronically recorded by
*t American Title
Recorded In Official Records,County of Orange
Recording requested by, and Darlene Bloom, Interim Clerk-Recorder
when recorded, mail to: Ill 111101dY10 14.00
City of Huntington Beach 20020662180 01:49pm 08/08/02
2000 Main Street 104 42 Al2 5
0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00
Huntington Beach, CA 92648
Attn- City Clerk
--In-Lieu Paikins;l=ee Agreement
NOW THEREFORE, Participant hereby declares as fbllows:
I_ Payment of Fee: Participant, in lieu of providing nineteen (19), on-site
parking spaces on the Property, herebv covenants and agrees to pay to the: City of Huntington
Beach, hereinafter referred to as the "City", a fee equal to Thirteen Thousand Eight Hundred
Seventy Dollars and Thirty-Five Cents (S13,870.35), per parking space, lbr a total of"I'«•o
Hundred Sixty Three Thousand Five Hundred Thirty Six Dollars and Sixty Five Cents
(S263,536.65).
2. Amount and Manner of Pavnient; Participant hereby covenants and agrees to
pay the In-Lieu Fee described in Paragraph One (1) above over a period of fifteen (15) years in
equal annual installments of Seventeen -I'housand live Hundred Sixty Nine Dollars and Fleven
Cents (S 17,569.11). Such installment payments shall be made to the City Treasurer annually on
the anniversary date of the first payment. Payment shall be received no later than thirty (30)
days after the due date. Failure to pay in a timely manner may result in revocation of the
Conditional Use Permit, foreclosure upon the lien herein described or other penalties or interests.
4. RunnI — With the Land: It is the intent of the Participant that each and all of
the covenants, conditions, and restriction set forth in this Declaration are for the benefit of the
City. Each and all of the covenants, conditions, and restrictions set forth in this Declaration shall
run with the land, and shall bind the respective successors-in-interest to the Property and each
portion thereof, for the benefit of the City. Each and all of the covenants, conditions, and
restrictions set forth in this Declaration are imposed on the; Property and each portion thereof as
mutual equitable servitudes in favor of the Cily, and constitute covenants running with the land
pursuant to applicable law. including, without limitation. Section 1468 of the California Civil
Code.
5. Recordation: This Declaration shall become cffective and binding upon the
Property upon the recordation of•this Declaration in the Official Records of the County of
Orange, State of California.
THIS INSTRUMENT FILED FOR RECORD BY
FIRST AMERICAN TITLE COMPANY AS AN
ACCOMMOOATION ONLY. IT HAS MOT BEEN E%AAtiNEID
AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON TTTLL
02agreelin lieu park nti�ri9,02 1
G. "Owner" Defined: As referenced to herein, "Owner" shall mean the fee title
owner or owners of the Property or any portion thereof and the successors-in-interest of such
owner or owners
7. Effect of Transfer bier: In the event an Owner transfers or otherwise
convevs its interest in the Property, such Owner shall thereupon be released and discharged from
any and all obligations as Owner in connection with the Property arising under this Declaration
with respect to the period after such transfer or conveyance, but shall remain liable for all
obligations arising under this Declaration with respect to the transferee of the Property including,
without limitation, any transferee who acquires its interest by foreclosure, trustee's sale or
otherwise, shall be liable for all obligations with respect to the period after such transfer of
conveyance.
0 No Cancellation: No breach ofany provision of this Declaration shall entitle
any Owner to cancel, rescind,or otherwise terminate this Declaration or the obligations created
thereby, but this limitation shall not affect in any manner any other rights or remedies which any
Owner may have by reason of any such breach.
9. Security: m As security for the performance of the obligations of Participant as
stated herein, Participant As
that this Declaration shall constitute a lien on and against the
Property under California Civil Code Section 2881, in the amount of Two hundred Sixty Three
Thousand Five Hundred Thirty Six Dollars and Sixty Five Cents (S263.536.65), and shall have
priority over any and all junior hens_ Said lien shall be by Participant to the City.
10_ Partial Invalidity: Should any provision of this Declaration be held by a court
of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of
the Declaration shall remain in full force and effect unimpaired by the holding.
1 1. Governinu, Law: This Declaration shall be construed. interpreted, and
enforced under and in accordance with and governed by the laws of the State of California.
12. Deeds: Each and every deed conveying Participant's fee interest in the
Property or any portion of the Property to a grantee shall specifically reference this Declaration
and its date of recordation and shall specifically recite that the grantee takes its fee contained
herein, which shall be covenants running with such grantee's interests for the benefit or burden of
such grantee's interest.
023greehn lieu naTkinplV9,02 2
Exhibit "A"
Legal Description
Certain Property commonly known as 200 Main Street, Suite 116, located in the City of
Huntington Beach, County of Orange, State of California and more particularly described
as: Lot 1 (50% int.), of Tract No. 14133, as per map recorded in Book 674, Page 46 of
Miscellaneous Maps.
(End of Page)
13. Amendments: This Declaration may be amended, modified, and/or
supplemented only by the written agreement of the Owner of the Property and the City, which
amendment, modification, and/or supplement shall be effective and binding upon the whole of
the Property upon the recordation of same in the Official Records of the County of Orange, State
of California.
IN WITNESS WHEREOF, Parti -pant h executed this Declaration as of the date first
written herein above.
Participan
ROB T J. KOURY
APPROVED AS TO FOR1ti7 AND CONTENT:
CW47ATTORI EY,
CITY OF HUNTINGTON BEACH
02agrechn heu parkingrii9!02 3
CALIFORNIA ALL-PURPRE ACKNOWLEDGMENT •
State of Ca) if.
County of Orange
• On eq7— before me, Susan L. Caine, Notary Public
Dall TJLffX arbd I ii�L-01 OPK(I PLW')
personally appeared
Nan
personally known to me-OR-[�`proved to me on the basis of sati
sfactory evidence to be the person(s)
whose name(s) is!are subscribed to the within instrument
and acknowledged to me that he/she/thev executed the
same in his/her/their authorized capacily(les),and that by
his/her/their signature(s)on the instrument the person(s),
or-the entity upon behalf of which the person(s) acted,
SUSAN L. CAINE COMM. #1312550 executed the insinstrument.NOTARV PUBLIC-CALIFORNIA
ORANGE COUNTY N WITNESS my hand and official seal.
My COMM- C x Aur. 6 2005
rZ,
N
S"ture 01 NNaly Pub!.0
OPTIONAL
Though the information below is not required by law, jImay prove valuable to persons relying on the document and could prevent
fraudulent removal and rea7achnnen;of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date- Number of Pages-.
Signer(s) Other Than Named Above:
rl Capacity(ies) Claimed by Signer(s)
A
Signer's Name Signer's Name:
C-1 Individual 0 Individual
E Corporate Officer Ei Corporate Officer
Ttle(s): Title(s)-
FJ Partner — D Limited 0 General C-1 Partner— _0 Limited L, General
[J Attorney-in-Fact 0 Attorney-in-Fact
I I Trustee 0 Trustee
F_j Guardian or Conservator 0 Guardian or Conservator 0 1.4�Iy
we 0 Other:1. ij Other- TOP cli"thumb he:e Top Of ihLimb reie
Signer is Representing- Signer Is Representing:
0 IS95 Nallonal No-ary ALsocial,on•a236 rummer Ara..PO bor 7i8a•Cawxa Pam.CA 91309.7184 Prof No 5907 F4arovr Gal Tc;-; H i•B04676-6827