HomeMy WebLinkAboutRDA Reso 1983-0461
RESOLUTION NO. 461
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA APPROVING A RECIPROCAL
AGREEMENT OF EASEMENTS AND DECLARATIONS
ESTABLISHING RESTRICTIONS AND COVENANTS FOR THE
TOWN CENTRE FOCUS AREA INCLUDING PROVISIONS FOR
THE MAINTENANCE AND MANAGEMENT OF THE TOWN CENTRE
PARKING FACILITY, AND AUTHORIZING THE CHAIRMAN TO
EXECUTE SAID AGREEEMENT
WHEREAS, the Redevelopment Agency of the City of Chula Vista, in
ooperation with the City of Chula Vista, has constructed a parking facility
ithin the Town Centre Focus Area to promote and assist in the commercial
velopment of the Town Centre Focus Area; and
f, WHEREAS, the Agency has entered into a Disposition and Development
'greement with Centre City Associates Limited-Commercial, developers of the
mmercial portions of the Town Centre Focus Area, which calls for the
~veloper to take over the management and maintenance of the parking facility;
M
WHEREAS, a reciprocal agreement of easements and declarations
stablishing restrictions and covenants has been prepared for execution by all
f the property owners within the Town Centre Focus Area which includes
ovisions for the maintenance and management of the parking facility.
NOW, THEREFORE, BE IT RESOLVED that the Redeve lopment Agency does
ereby approve the Rec iproca 1 Agreement of Easements and Dec 1 arat ions
tablishing Restrictions and Covenants for the Town Centre Focus Area,
pcorporated herein as though fully set forth, and hereby authorizes the
airman to execute said agreement.
Approved as to form by
Director
ADOPTED AND APPROVED BY THE CHULA VISTA REDEVELOPMENT AGENCY, this
15th day of Oecember , 1983, by the following vote, to-wit:
AYES:
Membe rs
l'kCandliss, Scott, t1alcolm, Cox, Moore
Noes:
Membe rs
None
Absent:
Membe rs
tlone
fl.. J1
/, . . It C#
Chalrman,VRe~velopment Agency
". "\
ATTEST: J-.---
S cretary, Redevelopment Agency
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA )
I, Paul G. Desrochers, Secretary to the Redevelopment Agency of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is
a full, true and correct copy of
has not been amended or repealed.
Pesolution No. 461
and that the same
Sec reta ry
SEAL
Recording Requested By: Redevelopment Agency of the City of Chula Vista
And When Recorded Mail To:
C. Michael Cowett, Esq. .
Jennings, Engstrand & HenrIkson
2255 Camino del Rio South
San Diego, CA 92108
(619) 291-0840
(Space Above This Line For Recorder's Use)
RECIPROCAL GRANT OF EASEMENTS
AND
DECLARATION ESTABLISHING
RESTRICTIONS AND COVENANTS
THIS DECLARATION AND AGREEMENT is made this 15th day of
December , 198~, by and among Centre City
Associates Limited-Commercial, a California Limited Partnership
(hereinafter referred to as "CCAL-C"), the City of Chula Vista
(hereinafter referred to as "City"), the Redevelopment Agency of
the City of Chula Vista (hereinafter referred to as "Agency"),
united Artists Communications, Inc. (hereinafter referred to as
.UA"), and Marie Callender Ventures, Inc. (hereinafter referred
to as "Callender").
RECITALS
1. Ownership.
A. CCAL-C is the owner of that certain real property
commonly known as Parcels 1, 2 and 4 of The Village, City of
Chula Vista, County of San Diego, State of California, which
property is legally described on Exhibit "A" attached hereto
(hereinafter referred to as "Parcell", "Parcel 2" and "Parcel
4") .
B. The City is the owner of that certain real property
commonly known as Parcel 7 of The Village, City of Chula Vista,
County of San Diego, State of California, which property is
legally described on Exhibit "B" hereto (hereinafter referred to
"Parcel 7").
C. UA is the owner of that certain real property commonly
known as ParcelS of The Village, City of Chula Vista, County of San
Diego, State of California, which property is legally described on
Exhibit "c" (hereinafter referred to as "ParcelS").
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D. Callender is the owner of that certain real pro-
erty commonly known as Parcel 3 of The Village, City of Chula
~ista, County of San Diego, State of California, which property
is legally described on Exhibit "D" (hereinafter referred to as
"parcel 3").
E. The Agency is the owner of that certain real pro-
perty commonly known as Parcel 6 of The Village, City of Chula
vista, County of San Diego, State of California, which property
is legally described on Exhibit "E" (hereinafter referred to as
parcel "6").
2. Reciprocal Grant.
Each party hereto desires to grant to each other party here-
to for the benefit of said other party and its employees, succes-
sors, assigns, tenants, customers, and patrons, and the customers
and patrons of such tenants, for the benefit of the parcels
belonging to said other parties, as Grantees, reciprocal, non-
exclusive easements as hereinafter described.
3. Implementation of DDA & Supplemental DDA.
The parcels identified in Exhibits A-D constitute one devel-
opment which is located in and is a portion of the Focus Area of
the Towne Centre Redevelopment Project of the Redevelopment
Agency of the City of Chula Vista. Said development is subject
to the Disposition and Development Agreement dated September 26,
1978, between the Redevelopment Agency of the City of Chula Vista
and Richard G. Zogob and recorded in the County of San Diego on
August 30,1979, as Document No. 79-364152 (hereinafter DDA), and
the Supplemental Disposition and Development Agreement between
the Redevelopment Agency of the City of Chula Vista and Centre
City Associates Limited - Commercial, dated December 3, 1981 and
recorded in the County of San Diego on December lO, 1981, as Doc-
ument No. 81-388333 (hereinafter Supplemental DDA). Said Agree-
ments obligate and entitle the Agency and Centre City Associates
Limited - Commercial and successors in interest, including UA and
to perform certain obligations and obtain certain bene-
< This Grant and Declaration incorporates certain rights and
fGbligations provided for in the DDA and the Supplemental DDA and
yfurther provides covenants, restr ictions and easements to
implement the provisions of said Agreements.
4. General Plan For The Development.
The parties desire to establish a general plan for the
,protection, development, maintenance and improvement of certain
property, sometimes called "The Village" in the City of
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Chula Vista, County of San Diego, State of California, such
property being shown on Exhibit "E" and incorporated here by
reference, as an integrated development, designed for the mutual
benefit of the parties and of all such property; and such parties
have fixed protective provisions, covenants, restrictions,
collectively referred to as "Restrictions" on and subject to
which all of such property or any part of it is to be improved,
held, used, occupied, leased, sold, or conveyed, and each and all
of which Restrictions are for the mutual benefit of all such
property and of every portion, and each of the parties, and which
will run with the land and inure to and pass with each and all of
such property, and will apply to and bind the respective
successors in interest; and all and each of such Restrictions are
imposed on each portion of such property as a mutual, equitable
servitude in favor of all other portions of such property and any
portion, each benefited portion is to be the dominant estate and
each burdened portion of such property is to be the servient
estate, and this instrument will terminate and supersede the
instructions referred to in the above Recitals in all aspects.
ARTICLE 1 - DEFINITIONS
l.Ol Development. The term "Development" means the
improvements constructed or to be constructed on Lots l-7
inclusive, which are a portion of CHULA VISTA TRACT NO. 8l-l,
TOWN CENTRE-TOWN-SITE TRACT NO. 2 in the City of Chula Vista
according to Map l0505, file on October 22, 1982, in the Official
Records of the County of San Diego, State of California.
l.02 Occupant. The term "Occupant" means each of the
parties and any person or persons from time to time entitled to
the use and occupancy of the Development under any lease,
license, or concession agreement, or other instrument or
arrangement under which each occupant acquires his (or its)
status as such.
l.03 part*. The term "Party" means each of the per-
sons executing t is instrument, or their respective successors in
interest, as later provided, of their respective interests in the
Development as shown by the Official Records of the County of San
Diego, State of California as of the time in question (i.e., the
date of the exercise of powers or rights or the performance of or
failure of performance by such parties of obligations created by
this instrument).
1. 04 Persons. The word "Person" or "Persons" means and
includes individuals, partnerships, firms, associations, and
corporations, or any other form of business entity.
l.05 Permittees.
occupants and all customers,
invitees of occupants.
The term "Permittees" refers to all
employees, and other business
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l.06
the parking
ing located
Parkinq Area.
structure and
on Parcel 7.
The term "Parking Area" shall mean
all appurtenant fixtures and landscap-
l.07 Common Area. The term "Common Area" shall mean
all area within the development not exclusively appropriated for
the use of any single occupant and used for pedestrian walkways.
1.08 Trust Aqreement. The term "Trust Agreement" means
the Trust Agreement dated as of December l, 1983, by and among
First Interstate Bank, as Trustee, Imperial Municipal Services
Group, Inc., as Lessor, and City of Chula Vista, as Lessee.
1.09 Trustee. The term "Trustee" means First
Interstate Bank of California, which is the Trustee pursuant to
the Trust Agreement.
l.lO Certificates. The term "Certificates" means the
$4,055,000 principal amount of 1982 Certificates of Participation
issued by the City to finance the construction of the parking
structure on Parcel 7 as authorized by the City.
ARTICLE 2 - REGULATIONS OF IMPROVEMENTS
2.0l Siqns. No sign, symbol, advertisement, or
billboard will be constructed, used, maintained, erected, posted,
pasted, displayed, or permitted on or about any portion of the
Development except one or more signs for each retail facility
(other than the theatre facility) operating in the Development,
which identifies the name, business, or symbol of such retail
facility, which does not advertise any particular item of
merchandise (other than as may be contained in the customary
trade name of an occupant), which is harmonious to the general
exterior architectural treatment of the buildings in the
Development which is of a type, size and design commonly found in
neighborhood or community shopping centers in San Diego County,
and which complies with the sign criteria approved by the
parties, attached as Exhibit F.
Anything in this Declaration to the contrary notwithstand-
ing, it is expressly understood and agreed that UA will have the
right to attach to its main facility its standard identification
signs, marquee headerboards, and/or attraction signs, provided
that the same will not be of a flashing or animated type, and
will not extend above the parapet walls. Notwithstanding the
foregoing, any signs erected by UA pursuant to its rights here-
under shall comply with the sign criteria set forth in Exhibit F
shall have the prior approval of the Agency.
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ARTICLE 3 - EASEMENTS
3.0l Reciprocal Grants. Each party hereto, as
Grantor, hereby grants to each other party hereto for the benefit
of said other party and its employees, successors, assigns,
tenants, customers, and patrons, and the customers and patrons of
such tenants, for the benefit of the parcels belonging to the
other parties, as Grantee, reciprocal, non-exclusive easements as
hereinafter described.
3.02 Character of Easement. The easements granted
herein are appurtenant to the parcels for the benefit of which
they are given.
3.03 Description and Location of Easement. The
easements granted herein, described hereinafter as Parking
Easements, Common Area Easements and Access Easements, are to be
used for ingress and egress by vehicular and pedestrian traffic,
and vehicular parking upon, over and across the areas of each
parcel, which are improved for vehicular parking and pedestrian
sidewalks.
3.04 Maintenance. With the exception of the parking
area, each party shall be solely responsible for the maintenance
and repair of its own parcel and improvements on its parcel,
including common area. Each party shall keep its parcel,
including its common area, in good condition and repair and
adequately lighted and free of rubbish and other hazards to
persons using such areas. Such maintenance will include, but not
be limi ted to:
(a) maintenance, including, without limitation,
repaving of a surface of the sidewalk areas, smooth and evenly
covered with the type of surfacing material originally installed
on such, or such substitute as will in all respects be equal to
it in quality, appearance and durability;
(b) removal of all papers, debris, filth and refuse,
and washing and thoroughly sweeping paved areas as required;
(e)
and directional
required;
maintenance of such common area entrance, exit
signs, markers and lights as will be reasonably
needed;
(d)
cleaning and lighting fixtures and relamping as
. (e) striping and repainting of striping, markers,
dlrectional signs, etc., as necessary to maintain in superior
condi tion;
(f) maintenance of refuse, receptacles; and
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(g) maintenance of plants and landscaping.
3.05 Successors and Assigns. The easements and rights
granted and obligations assumed herein (a) are made for the
direct, mutual, and reciprocal benefit or burden of the real
property affected; (b) will constitute covenants running with the
land; (c) will be binding upon and inure to the benefit of the
party's respective successors, assigns, tenants, employees,
agents, customers and invitees.
3.06 Parking Easement. It is hereby agreed that all
parking spaces located in the parking area (Parcel 7) shall be
unassigned and open to the public subject only to Rules and
Regulations provided for in 3.l2 hereof.
3.07
Payment for Parkinq.
A. Cost of Financinq Parkinq Area.
The City shall pay all costs of constructing and
financing the construction of the parking area to be located on
Parcel 7. The other parties shall pay the City the following
amounts for the use of the parking area. Said payments shall
commence during the first calendar year following the completion
of the parking structure:
l. Parcel l.
(a) Flat Rate Payment. CCAL-C or its
successors in interest shall pay the Agency the sum of Eleven
Thousand Eight Hundred Twenty-Eight Dollars ($ll,828) per
year for a total of thirty-three (33) years.
(b) Percentaqe Payment. Commencing in the
7th calendar year following the completion of the parking struc-
ture, CCAL-C or its successors shall pay the City an additional
sum equal to .30% of the annual gross sales generated on the
property. Such payments shall be made for a period of ten (lO)
years. During the l7th calendar year following the completion of
the parking structure, CCAL-C or its successors shall pay the
City a sum equal to .42% of the annual gross sales generated on
Parcel l. Said payment shall be made for l7 years.
If the tenants and/or users of said Parcel
generate income other than gross sales as defined in Section 2(1)
of the Supplemental DDA, the additional payment shall be five
percent (5%) of the tenant's rent to the landlord starting in the
7th year. Said payment shall be made for a period of ten (lO)
years. Starting in the l7th vear, if tenants and/or users of
said Parcel generate income other than gross sales as defined in
Section 2(1) of the Supplemental DDA, the additional payments
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shall be seven percent (7%) of the tenant's rent. Said payments
shall be made for seventeen (l7) years.
2. Parcel 2.
(a) Flat Rate Payment. CCAL-C or its
successors shall pay the City the sum of Eight Thousand Nine
Hundred Two Dollars ($8,902) per year for a total of
thirty-three (33) years.
(b) Percentaqe Payment. Commencing in the
7th calendar year following the completion of the parking struc-
ture, CCAL-C or its successors shall pay the City an additional
sum equal to .30% of the annual gross sales generated on the
property. Such payments shall be made for a period of ten (lO)
years. During the l7th calendar year following the completion of
the parking structure, CCAL-C or its successors shall pay the
city a sum equal to .42% of the annual gross sales generated on
Parcel 2. Said payment shall be made for l7 years.
If the tenants and/or users of said Parcel
generate income other than gross sales as defined in Section 2(l)
of the Supplemental DDA, the additional payment shall be five
percent (5%) of the tenant's rent to the landlord starting in the
7th year. Said payment shall be made for a period of ten (lO)
years. Starting in the 17th year, if tenants and/or users of
said Parcel generate income other than gross sales as defined in
Section 2(l) of the Supplemental DDA, the additional payments
shall be seven percent (7%) of the tenant's rent. Said payments
shall be made for seventeen (l7) years.
3. Parcel 3.
(a) Flat Rate Payment. CCAL-C or its
successors shall pay the City the sum of Fourteen Thousand Six
Hundred Eighty-seven Dollars and fifty Cents ($l4,687.50) per
year for a total of thirty-three (33) years.
(b) Percentaqe Payment. Commencing in
the 7th calendar year fOllowing the completion of the parking
structure, CCAL-C or its successors shall pay the City an addi-
tional sum equal to .30% of the annual gross sales generated on
the property. Such payments shall be made for a period of ten
(lO) years. During the l7th calendar year following the comple-
tion of the parking structure, CCAL-C or its successors shall pay
the City a sum equal to .42% of the annual gross sales generated
on Parcel 3. Said payment shall be made for 17 years.
4. Parcel 4.
(a) Flat Rate Payment. CCAL-C or its
sUccessors shall pay the City the sum of Twenty-one Thousand Five
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Hundred Sixty Dollars and Thirty-Three Cents ($2l,560.33) per
year for a total of thirty-three (33) years.
(b) Percentaqe Payment. Commencing in the
7th calendar year following the completion of the parking struc-
ture, CCAL-C or its successors shall pay the City an additional
sum equal to .30% of the annual gross sales generated on the
property. Such payments shall be made for a period of ten (lO)
years. During the l7th calendar year following the completion of
the parking structure, CCAL-C or its successors shall pay the
city a sum equal to .42% of the annual gross sales generated on
Parcel 4. Said payment shall be made for l7 years.
5. ParcelS.
(a) Flat Rate Payment. UA or its
successors shall pay the City the sum of Twenty-six Thousand Four
Hundred Thirty-seven Dollars and Fifty Cents ($26,437.50) per
year for a total of thirty-three (33) years. In the event UA
constructs or includes retail or other commercial space in its
building in addition to or instead of one or more of the six
theatres which are provided for in the Supplemental DDA, UA or
its successors or assigns shall pay the City $117.50 per space in
addition to $26,437.50 for spaces in a number equal to one space
for each 300 square feet of retail or commercial space so
included. Such increase over $26,437.50 shall reduce the amounts
for which parcels l, 2, & 6 shall be obligated to pay under
Paragraphs 3.07 lea), 2(a) and 6(a) hereof.
(b) Percentaqe Payment. Commencing in the
7th calendar year following the completion of the parking
structure, the buyer shall pay the City an additional sum equal
to .30% of the annual gross sales generated in the theatres.
Such payment shall be made for a period of ten (10) years.
During the 17th calendar year following the completion of the
parking structure, UA or its successors shall pay the City a sum
equal to .42% of the annual gross sales generated in the
theatres. Said payment shall be made for l7 years.
6. Parcel 6.
(a) Flat Rate Payment. CCAL-C or its
SUccessors shall pay the City the sum of Thirteen Thousand Seven
Hundred Eighty-One Dollars and Fifty Cents ($l3,78l.50) per year
for a total of thirty-three (33) years.
(b) Percentaqe Payment. Commencing in the
7th calendar year fOllowing the completion of the parking
structure, CCAL-C or its successors shall pay the City an
additional sum equal to .30% of the annual gross sales generated
on the property. Such payments shall be made for a period of ten
(10) years. During the l7th calendar year following the
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completion of the parking structure, CCAL-C or its successors
shall pay the City a sum equal to .42% of the annual gross sales
generated on Parcel 6. Said payment shall be made for l7 years.
If the tenants and/or users of said Parcel
generate income other than gross sales as defined in Section 2(1)
of the Supplemental DDA, the additional payment shall be five
percent (5%) of the tenant's rent to the landlord starting in the
7th year. Said payment shall be made for a period of ten (lO)
years. Starting in the 17th year, if tenants and/or users of
said Parcel generate income other than gross sales as defined in
Section 2(l) of the Supplemental DDA, the additional payments
shall be seven percent (7%) of the tenant's rent. Said payments
shall be made for seventeen (l7) years.
B.
Maintenance and Operation of Parking Area.
l.
tain and operate
the parking area
CCAL-C or its successors or assigns shall main-
or provide for the maintenance and operation of
as provided below:
a. The obligation provided for in paragraph 1
above shall be ordinary operation and maintenance expenses, and
shall not include reconstruction or major repairs provided for in
Paragraph 6.2(a) of the Lease Agreement, dated as of December l,
1982, by and between Imperial Municipal Services Group, Inc., as
Lessor, and the City of Chula Vista, as Lessee, and recorded on
December 30, 1982 in the Official Records of San Diego County as
Document No. 82-398869.
b. Maintenance and operation of the parking
structure means: the total of all items of direct cost and
expense necessarily expended for the supervision, operation,
maintenance, and repair of the parking area, determined in
accordance with generally accepted accounting principles on the
accrual method of accounting, but which costs will exclude any
real property taxes or assessments. The cost will include
maintenance and replacement work as required to preserve the
utility of the parking area and its equipment from the effects of
ordinary wear and tear in the same condition and status as it was
as of the time of the completion of the original construction and
installation, and will further include all rental charges for
equipment, the cost of small tools and supplies, all costs for
police security protection, traffic direction and control, and
parking exterior limits of improved commercial areas within the
Development, except in areas specifically designated within the
Development, for such purposes. It is expressly understood and
agreed, however, that in the event of promotional activities in
the Development, approved by the parties, these provisions may be
waived during the period of the promotional event.
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i. Payment of all electrical, water, and
other utility charges or fees for services furnished to the
parking area, except as provided in the Supplemental DDA and as
to the illumination of parking area within its parcel, which is
provided at the request of any other parties.
ii. Maintenance of utility lines or a system
which is to be used in whole or in part to provide service for
common or commercial facilities erected, constructed, or
installed on the parcel of one or more of the other parties.
Ill. Maintenance and operation of the parking
structure shall not include a modification of the project nor
shall it include reconstruction or major repairs provided for in
section 6.02(a) of the aforementioned Easement Agreement by and
between Imperial Municipal Services Group, Inc. and City of Chula
vista.
c. CCAL-C may assign its obligations provided
for in paragraph 1 subject to the approval of the Agency or its
successor in interest and in accordance with subparagraph d
below.
d. Upon vote of the majority of shares as
provided for in paragraph iii below, the obligations provided for
in paragraph 1 may be assigned to another party to this agreement
or to another party who is not a party to this agreement.
Regardless of the results of said vote the assignment must be
approved by the Agency or its successor in interest. The voting
procedure shall be as follows.
i. The notice of a meeting at which such a
vote shall take place shall be mailed by any of the parties
hereto to all of the parties hereto or their successors or
assigns at the addresses provided herein or at a new address of
which the party doing the mailing has actual or constructive
knowledge. Said notice shall be mailed return receipt requested
thirty (30) days before the meeting and shall designate the time,
place and subject matter to be considered at the meeting.
ii. First Mortgagees shall have the right to
attend and be given notice of all such meetings through a
representative designated in writing and delivered to each party
hereto or its assigned.
Ill. Voting of the parties may be viva voce
?r by ballot. Each party shall have a number of votes equal to
Its pro rata percentage of the cost of parking designated in
paragraph 3.07 (1), (2), (3), (4), (5) and (6).
iv. A vote shall not be held in the absence
of a quorum. A quorum shall constitute a majority of the total
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of the voting shares.
parking structure may
the quorum.
The obligation to operate and maintain the
be assigned upon a vote of the majority of
v.
the right to do so either
executed by such person.
Every party entitled to vote shall have
in person or by a written proxy
3.08 Indemnity. Each of the parties shall indemnify
and hold the other party harmless of and from any and all loss,
cost, liability, damage, injury or expense, including reasonable
attorneys fees which may arise by reason of any violation of law,
ordinance or regulation, or by reason of injury to or death of
persons, damage to property, or claims of lien for work performed
and/or materials or supplies furnished, arising out of or in
connection with the use of the common area on the indemnifying
party's parcel, or arising from or in connection with the willful
or negligent acts or omissions of the indemnifying party or its
agents, servants, contractors, employees or successors in
interest.
3.09 Common Area Easements. The easements granted
herein are to include non-exclusive easements appurtenant to the
party's property for the purpose of pedestrian traffic of
customers, invitees, and licensees of the party; the tenants,
concessionaires, or owners of any portion of such party's
property, and the customers, officers, employees, licensees, and
invitees of the party and the tenants, concessionaires, or
owners' limited, however, for the purposes connected with or
incidental to any use then being made of such party's property.
The common area easements are easements on each and all of the
one or more portions of the Development property (other than the
motor vehicle parking areas) as is or are provided or available
for general use and the convenience of tenants of the Development
and concessionaires, employees, and customers of the Development
as such portions may be made available and designated from time
to time for these purposes by any party, or each such portion or
portions so made available and designated may from time to time
be reduced or increased in size or relocated by any party.
3.l0 Access Easements. The easements granted herein
shall include easements which shall be described as non-exclusive
easements appurtenant to the party's property, for the purpose of
furniShing access and the right of access (l) between the public
streets and any parking area situated on the Development property
and (2) between the public streets and parking area and the
party's property, including any and all improvements from time to
time located on or in the party's property.
3.ll Free Access. The parties covenant that at all
times free access between the parcels owned by each party and the
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remainder of the Development will not be impeded and will be
maintained.
3.12 Rules and Requlations. In the operation of the
parking area, CCAL-C or its successor from time to time will
adopt rules and regulations pertaining to the use of the parking
area by the permittees of the Development and the public,
provided that all such rules and regulations and other matters
affecting the users of the parking area will apply equally and
without discrimination to all permittees of parties in the
Development.
CCAL-C or its successor may impose a charge for parking in
the Parking Area if seventy-five percent (75%) of the tenants and
owners of commercial space within the boundaries of Map No. l0505
consent in writing or if required by law. Any imposition of
parking charges shall be applicable to all such tenants and
owners and shall include a reasonable system of customer parking
validation. The imposition of any charge for parking must be
approved by the Agency or its successor in interest.
3.l3 Public Liability and Property Damage Insurance.
CCAL-C shall maintain or cause to be maintained, throughout the
term of this agreement, a standard comprehensive general liabili-
ty insurance policy or policies in protection of the Agency, the
City of Chula Vista, its members, officers, agents and employees
and the First Interstate Bank of California with said parties in-
cluded as Named Insureds. Said policy or policies shall provide
for indemnification of said parties against direct or contingent
loss of liability for damages for bodily and personal injury,
death or property damage occasioned by reason of the construction
or operation of the project. Said policy or policies shall pro-
vide coverage in the minimum liability limits of $500,000 for
personal injury or death of each person and $l,OOO,OOO for per-
sonal injury or deaths of two or more persons in each accident or
event, and in a minimum amount of $l50,000 (subject to a deduct-
ible clause of not to exceed $5,000) for damage to property re-
sulting from each accident or event. Such public liability and
property damage insurance may, however, be in the form of a sin-
gle limit policy in the amount of $l,OOO,OOO covering all such
risks. Such liability insurance may be maintained as part of or
in conjunction with any other liability insurance coverage
carried by the Developer. The net proceeds of such liability
insurance shall be applied toward extinguishment or satisfaction
of the liability with respect to which the insurance proceeds
shall have been paid.
3.l4 Fire and Extended Coveraqe Insurance. CCAL-C shall
procure and maintain, or cause to be procured and maintained
throughout the term of this agreement, insurance against loss or
damage to any structures constituting any part of the project by
- 12 -
k-Y~/
fire and lightening, with extended coverage and vandalism and
malicious mIschief insurance, and earthquake insurance (but as to
earthquake insurance only if such insurance is available at
reasonable cost on the open market from reputable insurance
companies). Said extended coverage insurance shall, as nearly as
oracticable, cover loss or damage by explosion, windstorm, riot,
aircraft, vehicle damage, smoke and such other hazards as are
normally covered by such insurance. Such insurance shall be in
an amount equal to lOO% of the replacement cost of the project
(except that such other insurance may be subject to deductible
clauses of not to exceed $lOO,OOO for anyone loss and except
that such earthquake insurance may be subject to a deductible
clause not to exceed ten percent (lO%) of said replacement cost
for anyone loss). Such insurance may be maintained as part of
or in conjunction with any other fire and extended coverage
insurance carried or required to be carried by the Developer.
3.l5 Insurance Net Proceeds; Form of Policies. Each
policy of insurance required by Sections 3.13 and 3.l4 hereof
which insures the Parking Structure shall provide that all
proceeds thereunder shall be payable to the First Interstate Bank
of California for the benefit of Owners of Certificates of
Participation in accordance with the Trust Agreement dated as of
December l, 1983 between the First Interstate Bank of California,
as Trustee, Imperial Municipal Services Group, Inc., as Lessor,
and the City of Chula Vista, as Lessee. All pOlicies of
insurance required by this Lease shall be in form satisfactory to
the Trustee. To be acceptable, insurers must be authorized to do
business, and have an agent for service of process in California
and have an "A" policy holders rating and a financial rating of
at least Class VI in accordance with the current Best's ratings.
cCAL-C shall payor cause to be paid when due the premiums for
all insurance policies required by this agreement, and shall
promptly furnish or cause to be furnished evidence of such
payments to the Agency. All such pOlicies shall provide that the
Agency shall be given thirty (30) days' notice of each
expiration, any extended cancellation thereof or reduction of the
coverage provided thereby. The Developer shall cause to be
delivered to the Agency annually evidence satisfactory to the
Agency that the insurance policies required by this agreement are
in full force and effect.
ARTICLE 4 - ENFORCEMENT
4.01 In;unctive Relief. In the event of any
violation or threatened violation by any party, lessee, or
occupant of any part of the Development of any of the terms,
restrictions, covenants, and conditions provided here, either the
parties, or their respective successors or assigns to all or any
part of their parcels, will have in addition to the right to
collect damages, the right to enjoin such violation or threatened
- 13 -
r?- ,1/6/
violation in a court of competent jurisdiction. Prior to the
commencement of any such action, written notice of the violation
will be given to the other party or other person responsible for
such.
4.02 Excuse For Nonperformance. If performance of any
act or obligation of any party is prevented or delayed by an act
of God, war, labor disputes, or other cause or causes beyond the
reasonable control of such party, the time for the performance of
the act or obligation will be extended for the period that such
act or performance is delayed or prevented by any such cause.
4.03 Notice As Prerequisite To Default. A party will
not be in default under this agreement except under such
provisions as require the performance of any act on or before a
specific date or within a specified period of time, unless the
party has been given a written notice specifying the default and
(a) fails to cure it within the period of thirty (30) days.
4.04 Breach Will Not Permit Termination. It is
expressly agreed that no breach of this Declaration will entitle
any party to cancel, rescind, or otherwise terminate this
Declaration, but this limitation will not affect, in any manner,
any other rights or remedies which the parties may have by reason
of any breach of this Declaration.
4.05 Breach Will Not Defeat Mortqage. A breach of any
of the terms, conditions, covenants, or restrictions of this
Declaration will not defeat or render invalid the lien of any
institutional first mortgage or institutional first deed of
trust, made in good faith and for value, but such term, covenant,
condition or restriction will be binding on and effective against
any of the parties whose title to the property or any portion of
such is acquired by foreclosure, trustee's sale, or otherwise.
ARTICLE 5
DURATION, EXTINGUISHMENT, CONTINUATION AND MODIFICATION
5.0l Duration. This Declaration and each easement,
covenant, restriction and undertaking of this Declaration will be
for a term of 35 years from its date.
5.02 Riqht to Modify, Terminate, Amend Or Extend. This
Declaration and any provision, covenant, condition or restriction
contained within it may be terminated, extended, modified, or
amended as to the whole of the Development or any portion of it,
with the consent of the parties in interest of eighty-five
percent (85%) of the total number of square feet of the land then
subject to this Declaration.
No termination, extension, modification, or amendment will
be effective until a written instrument setting forth its terms
- 14 -
/l-lf~/
has been executed, acknowledged, and recorded in the Office of
the Recorder of San Diego County, California.
No such amendment, modification, extension, or termination
will affect the rights of (1) any mortgagee under a morgage or
(2) the trustee or beneficiary under any deed of trust
constituting a lien on the Development at the time unless the
mortgagee, or beneficiary and trustee consent to such, nor will
any amendment, modification, extension, or termination be
effective against such mortgagee, trustee, or beneficiary
subsequent to its securing title to its encumbered parcel by
foreclosure, trustee's deed, or deed in lieu of foreclosure,
unless the mortgagee, or trustee and beneficiary have consented
in writing.
No lessee, licensee, or other person having a possessory
interest, other than a party, will be required to join in the
execution of or consent to any act of the parties taken subject
to this Section.
ARTICLE 6 - SEVERABILITY
6.0l If any clause, sentence, or other portion of the
terms, conditions, covenants, and restrictions of this
Declaration become illegal, null, or void for any reason, or be
held by any court of competent jurisdiction to be so, the
remaining portions will remain in full force and effect.
ARTICLE 7 - NOTICES
7.0l All notices, statements, demands, approvals, or other
communications (referred to as "notices") to be given under or
pursuant to this Declaration will be in writing, addressed to the
parties at their respective addresses as provided below, and will
be delivered in person, or by certified or registered mail,
postage prepaid, or by telegraph or cable, charges prepaid.
If mailed or telegraphed, the notice will be deemed to have
been given twenty-four (24) hours after the date of mailing, or
date of delivery to the telegraph or cable company.
The addresses of the parties to which such notices are to be
sent will be those of which the other party or parties actually
receive notice, and until further notice are as follows:
If to City:
Director of Finance
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
- 15 -
j?-Y6/
If to Agency:
Redevelopment Agency of the
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
If to UA:
United Artists Communications, Inc.
l72 Golden Gate Avenue
San Francisco, CA 94102
Attn: Gary Mohler
I f to CCAL-C:
Richard G. Zogob
Zogob Development Company
315 Fourth Avenue, Suite "E"
Chula Vista, CA 92010
If to Callender:
Marie Callender Ventures, Inc.
l406 Obispo Avenue
Long Beach, CA 90804
Attn: Darrell Burrage, Vice President
ARTICLE 8
MUTUALITY, RECIPROCITY: RUNS WITH THE LAND
8.0l Dominant and Servient Estates. Each and all of
the easements and rights granted or created here are appurte-
nances to the applicable portions of the Development and none of
the easements and rights may be transferred, assigned, or encum-
bered except as an appurtenance to such portions. For the pur-
poses of the easements and rights, the property benefited will
constitute the dominant estate, and the particular area in the
Development which respectively is burdened by such easements and
rights will constitute the servient estate.
8.02 Covenants Run With The Land. Each and all of the
covenants, restrictions, conditions, and provisions contained in
this Declaration (whether affirmative or negative in nature) (a)
are made for the direct, mutual, and reciprocal benefit of each
parcel of land in the Development; (b) will create mutual equit-
able servitudes upon each parcel of land in the Development in
favor of every other parcel; (c) will constitute covenants run-
ning with the land; (d) will bind every person having any fee,
leasehold, or other interest in any portion of the Development at
any time or from time to time to the extent that such portion is
affected or bound by the covenant, condition or provision in
question, or that the covenant, restriction, condition, or pro-
vision is to be performed on such portion; and (e) will inure to
the benefit of the parties and their respective successors and
assigns as to their respective parcels of land in the Develop-
ment.
- l6 -
R- }/6'/
8.03 Assumption By Grantees Or Lessees And Releases Of
Grantors Or Lessors. The parties covenant that in each in-
stance in which either of them ever conveys all or any part of
their interest as parties to all or any portion of the Develop-
ment to a grantee or lessee who will become thereby a new party,
the grantor in such instance will (a) require the prospective new
party to agree not to use, occupy, or allow any lessee of such to
use or occupy the premises in any manner which would constitute a
violation or breach of any of the affirmative or negative cove-
nants in this Declaration and (b) require the new party to assume
and agreee to perform each and all of the obligations to the con-
veying party under this Declaration with respect to the portion
of the Development conveyed in fee to such new party, in each
case by a written instrument executed, acknowledged, and recorded
in the Office of the Recorder of San Diego County notice of each
such conveyance and agreement to be given to each person owning
fee title to any part of the Development by the conveying party
involved within ten (lO) days after its making, which notice is
to be accompanied by a copy of the conveyance and agreement. On
such assumption by a new party and notice of such, the conveying
party will thereafter be released from any further obligation un-
der this document arising thereafter with respect to the party of
the Development so conveyed to the new party in compliance with
this document. Each party agrees to execute and deliver any nec-
essary or appropriate further documents or assurances to evidence
the release for the purpose of recording or otherwise, which doc-
uments or assurances will be duly executed by the parties or any
grantee or lessee of either, as the case may be, to any such
grantor or lessor.
EXECUTED on this
Vista, California.
15th day of
Oecember
, 1983, at Chula
CITY OF
BOTA VIr c
UNITED ARTISTS COMMUNICATION, INC.
By:
By: )2.L:7. ,~.. ~Ii'~a~/
REDEVELOPMENT AGENCY OF THE
CITY OF C~ULA VISTA
By: A ~
rxf,~ .
CENTRE CITY ASSOCIATES LIMITED-COMMERCIAL
COMPANY, General Partner
~
ZOGOB DEVELOPMENT
~Q~
MARIE CALLENDER VENTURES, INC.
~
Richard G. , President
~/t! -, 1/.. /~, ,-1-
,-----.-".. ~-/ //,
By: fJc;..:Jf/::tid,.I1 (1.- \",-'---'- St;~ _
~!iveth A. Zogob, seV-ta"y
By:
By: fJ:J/3~
- l7 -
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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ACKNOWLEDGMENT-Corp -Pres & Sec.-Wolcotls Form 222CA-Rev 5.82
{f>1982WOlCOTTS,INC
CORPORATE ACKNOWLEDGMENT
State of CALIFORNIA
} 55.
County of SAN FRANC I SCO
RECIPROCAL GRANT
OF EASEMENT AND
DECLARATION ESTABLISHING
RESTRICTIONS AND
COVENANTS FOR THE
VILLAGE IN CHULA VISTA
OFFICIAL SEAL
GARY L MAHLER
NO'TARY PUBLIC. CALIFORNIA
SAN FRANCISCO COUNTY
My comm. expires AUG 6, 1986
7120122
}S
On thiS 29th day of February , in the year 1s8~
before me, the underSigned, a Notary Public in and for said State
D. G. BURRAGE '
and
, personally known to
(or proved to me on~'f')e baSi~Of satisfactory evidence) to be the persons who executed
, , , V~C
Within Instrument as resloen and Secretary, respectively, of the Corporation therein na
and acknowledged to me that the Corporation executed it pursuant to its by-laws or a reso
tion of its board of directors .
WITNESS my hand and oftieral seal,
On this the -28- day of
Febrnary
Gary L. Mahler
the undersigned Notary Public, personally appeared
A.C. Childhouse
xx personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as ,\.
Senior V.{ce-President or on behalf of the corporation theT<
named. ~d aCknowledf1b to m hat t~~rporatlon executed It. '
WIT ESS my hand an t pfflclai ~aU:, / /
, / /;; ~
\ / "//L
otary's Signatur
'-V~I
NATIONAL NOTARY ASSOCIATION' 23012 Ventura Blvd. . P.O. Box 4625 . w()CI(IIII1d
/,7- V,t /
lear 1
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(Public Agency)
STATE OF CALIFORNIA
COUNTY OF SAN D I EGO
On this 8th day of
Eleanor L. Nlda
, in the year
personally appeared,
known to me to be Mayor
of ~he City of Chula Vista,
and known to me to be the
person(s) who executed the within instru-
ment on behalf of said public corporation/
Azency and acknowledged to me that said
Gregory R. Cox executed the same.
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March
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1984
Gregory
before me
R. Cox
Ti tle
WITNESS my hand and official seal.
Signature~/W6~):;;rL_
11- Y~I
(Public Agency)
STATE OF CALIFORNIA )
COUNTY OF SAN D I EGO ) SS.
On this 8th day of March , in the year 1984 before me
Eleanor L. Nlda
personally appeared, Gregory R. Cox
known to me to be Chairman of the Redevelopment Age~cy
of the City of Chula Vista, Title
and known to me to be the
person(s) who executed the within instru-
ment on behalf of said public corporation/
Agency and acknowledged to me that said
Gregory R. Cox executed the same.
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STATE OF CALlFORN!A/ ,-,
COUNTY OF ",f-/v vlg-6J2_
On ,C';:;;B-R;i{~V _L~/ '1 ?~_, before me, the undersigned, a Notary Public in and kr
said State, personally appeared____R J~.R p__~___~6t!?JS_ and
.;;:;-u ?:-~l'::-/i#_~_-2::0~-_----, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as___ .-7?/6 _____
___ ___PreSident and __7'lte:___ Secretary, on behalf of ~C$ Op__
L2~~1' t2!E/V/ ILl P'l,p /}71/1/ / Alt...
the corporation therein named, and acknowl~dged to me that said
corporation executed the within instrument pursuant to its by-
laws or a resolution 01 its board of directors, said corporation being
known to me to be the general partner of I FI'f/TR e; C/7Y
qf.,f~L~.utlll7:i{12-_~IJf/l1FA?e;~
the iimited partnership that executed the within instrument, and
aCknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand an~ Of:.t~ :M~nA'~ ~
s,gna,ur~~~___..._._
@ ELEANOR L. NIDA
NOTARY PUBLIC - CAUFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My C_ ExpIrts May 1', 19114
(Notarial Seal)
8@ ELEANOR L. NIDA
. NOTARY PUBLIC - CAliFORNIA
PRINCIPAl OFFICE IN
SAN DIEGO COUNTY
My C_ Expn. M", 1.. 19114
(Notarial Seal)
55,
fi"-.. OFFICIAL SEAL
, . EFFIE E. FELDMAN
~' ~ NOTARY PUBLlC,CALlFORNIA
. PRINCIPAL OFFICE IN
1. " _ ' SAN DIEGO COUNTY
My Commission Expims May 2. 1987
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(This area for official notarial seal)
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RECIPROCAL GRANT OF EASEMENTS
AND
DECLARATION ESTABLISHING
RESTRICTIONS AND COVENANTS
Approved December 15, 19B3
8y The City of Chula Vi sta
Redevelopment Agency
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STATE OF CALIFORNIA
COUNTY OF SAn DIEGO
fI nJrlr.I~"A~
Mary Elaine Chavez
l4O'ARY PU6l1C.CAlIfOiUfl,.
PlI,I;CJl'AI. OtflCE IN
$All 01[00 COU!'t't
L. I ~l ?:'!':':is:r, E:~OS Mil. 1 1991
.... 104
On this 12th day of May in the year 1988 before me the
undersigned, a Notary Public tn and for said State,
do hereby acknowledge that the attached map is an exhibit
to this Re~evelopment Agency Resolution Number 461 dated
December 15, 1983.
WITNESS MY HAND AND OFFICIAL SEAL
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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8 _SEAl
Mary Elaine Chavez
NOtAin' PUllI.IC.tAlIfCllHIA
""'NCU'Al 0Jf1t[ IN
SAN DI[OlICllUNtY
M, t:am_ Espies.... 1. 1991
.....
... 106
On this 12th day of May in the year 1988 before me the
undersigned, a Notary Public in and for said State,
do hereby acknowledge that the attached map is an exhibit
to this Redevelopment Agency Resolution Number 461 dated
December 15, 1983.
WITNESS MY HAND AND OFFICIAL S~.
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
~ -"'CtNo.No
ary EllIin,Chavez
NOlASIY PlJ91IC.cAI.lfORN..
PRIHCIP'Al O'1'lCl OJ
SAIl DI[GO CIlUrm
My ComnwDlI hili'" Mil_I. 1991
.....
-... 108
On thiB 12th day of May in the year 1988 before Ale the
undersigned. s Notsry Public in and for said State,
do hereby acknowledge that the attached map is an exhibit
to this Redevelopment Agency Reaolution Number 461 dated
December 15, 1983.
WITNESS MY HAND AND OFfICIAL SEAL
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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e f,mCIAlSEAl
ary Elaine Chavez
ItOIARY 1'U81IC-CAl.WORHIA
PRINCIPAl OFFICE..
SA/< OI!110 COOIIIY
M, tom'*- bpireS Mil, \, 1991
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On this 12th day of May in the year 1988 before me the
undersigned, a Notary Public in and for said State.
do hereby acknowledge that the attached map is an exhibit
to this Redevelopment Agency Resolution Number 461 dated
December 15, 1983.
WITNESS M'l RAtiO AND OFFICIAL SEAL
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
i) ""ICIN.UAl
Mary Elaine Chavez
NO'AIlr I'UlIlICCAU'ORHIA
_AI. OfflCf '"
SNl DIEGO cou,m
lit Coatmi5SlOl hpires Ila,. I, 1991
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On thill 12th day oi May in the year 1988 before me the
undersigned, a Notary Public in and for Raid State,
do hereby acknowledge that the attached map is an exhibit
to this Redevelopment Agency Resolution Number 461 dated
December 15, 1983.
WITNESS MY IIAND AND OFFICIAL bEAL
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I Chula Vista, California
PLANNED SIGN PROGRAM
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STATE OF CALIFORNIA
C01lHTY OF SAN DIEGO
e O!JICIAlSlAl.
ary Elaine Chavez
MOTAM PU81IC.cAUfQllNIA
PAl_OffIC[ IN
SAN _ CntJN1Y
IIy Com_lift '-we Mot I. 199\
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On this 12th day of May in the year 1988 before me the
undersigned, a Notary Public in and for said State,
do hereby acknowledge that the attached map is an exhibit
to this Redevelopment Agency Resolution Number 461 dated
December 15. 1983.
llITNESS MY HAND AND OFFICIAL SEAL
Park Plaza at the Village
'hird Avenue & F Street
Chula Vista, California
PLANNED SIGN PROGRAM
November 3, 1983
The intent of this sign program is to promote signage which will
identify tenants and activities within Park Plaza at the Village.
The sign program will also insure a pleasing graphic continuity
and signaqe of appropriate detail, variety, scale and chara~tcr
throughout the center.
General Information
1. The Landlord will be responsible for all signage that
identifies the center itself, the tenant directories,
individual suite numbers and various informational and
directional signs.
Tenants will be responsible for the design, construction
and installation of their own signs and sign lighting.
All tenants will be responsible for submittal of the sign
application and permit with the City of Chula Vista for
their proposed 8ignage. ICopy of application is attached.)
All tenant signs and sign lighting must be designed and
constructed by a sign contractor approved by the Landlord.
2. The design and graphics for each sign shall not be limited
to the style shown, but should reflrct the character of the
shop it identifies. Design approval will be based upon
compatibility with storefront design, and with regard for
th~ character intended for the overall development.
3. All sign designs, colors, and shop drawings must be sub-
mitted to Architect or Landlord for review and approval
prior to permit application and construction.
All work must be of excellent quality and identical in
workmanship, materials and colore to other signs. Architect
and Landlord reserve the right to reject any work judged
below standard.
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November 3, 1983
4. All tenant signs shall conform to the size, area and design
restrictions shown on the attached exhibits. Sign colors
shall be coordinated with the surrounding building and
signage colors and shall be subject to ~andlord approval.
Information and copies of approved sign proposals will be
made available by the Landlord for this purpose.
The purpose of all signs in this program
the tenant and not to advertise or sell.
be incorporated into sign design.
Major Tenant Signs
is to identify
Tenant logos may
5.
A major tenant shall be described as a tenant using a minimum of
3,000 square feet of enclosed building area.
Each major tenant shall be limited to one primary sign Type A or C
and one primary sign Type B. Total sign area per major tenant
shall not exceed one (1) square foot per two (2) lineal feet of
building frontage on the respective street or pedestrian mall to
which the tenant space is oriented, whichever is greater. Signs
shall not be located higher than the roof eave or parapet.
Each major tenant ~hall also be permitted one secondary sign,
Type D, E or F.
Shop Tenant Signs
Each shop tenant shall have on~ primary sign, Type A or C, and one
secondary sign, Type D, E or F.
The primary signs are directed to the adjacent street, pedestrian
mall or parking area. Secon~ary signs are mounted perpendicular
to the building ~all and are oriented to pedestrian traffic.
Tenants with storefronts facing two streets or pedestrian malls
may have two primary signs (one per building side).
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Materials:
A. 2~. Western Red tight-knot Cedar, minimum
depth of blast 3/4".
B. Entire sign (backs and edges) sealed with
Olympic Semi-Transparent Stain '726.
C~ All raised graphics painted with bulletin
enamel.
D. Backgrounds shall be matte finish, Olympic
stain or thinned bulletin enamel.
Colors:
A. Pin-line surround, P.M.S. .159 (Warm Orange)
or '294 (fllue).
B. Other colors as reviewed by Architect.
Installation: Attach signs to wood beams with
minimum of three (3) 3/S" o.c. lag bolts, counter-
sunk from back of beam.
Lighting: Beam mounted signs shall be instdlled
with light fixture type '3 (single tube fluores-
cent). Fixture and baffle shall be painted same
color as eave with self-catalyzing automotive
enamel.
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Material: Natural anodized aluminum returns, primed and painted with
self-catalyzing enamel CP.M.S. '296, dark blue). Interior illuminated
signs shall be Channelume-type letters, wall n~unted. In no case shall
there be any trim cap or alternate fabrication methods.
Size: Maximum capital letter height shall be 14".
Colors:
--
A. As reviewed by Architect.
B. Logo treatment shall be consistent with remainder of sign.
Installation: No exposed electrical raceways or conduit.
~iahti~: Dedicated 30 amp service from tenant panel with time clock.
Connection at existing junction box.
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Size:
shall
feet.
Wall sign shall fit comfortably within wall surface availabl~ and
not exceed 20 square feet in size. Sizes will vary from 12-20 squar~
Materials:
A. 21," Western Red tight-knot Cedar, minimum depth of blast 3/4".
B. Entire sign (backs and edges) sealed with Olympic Semi-Transparent
Stain 1726.
C. All raised graphics painted with bulletin enamel.
D. Backgrounds shall be matte finish, Olympic stain or thinned bulletin
enamel.
Colors:
A. Pin-line surround, P.M.S. .159 or '294.
B. Other colors as reviewed by Architect.
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Installation: Attach sign flush to wall surfaces with 3/8" back pins fit ,i" .... ".
into drilled and epoxied stucco wall surface and into studs and wood siding . ~'.
surfaces. ' ..
Lighting: Signs shall be installed with one light fixture
Paint mounting plate and conduit with color to match light
color (P.M.S. '296, self-catalyzing automotive enamel).
type '1 or type '2
fixture exterior
-5-
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Mounting Brackets:
1. All brackets shall have a finished, ornate quality,
contributing to the overall variety and interest of the
project's siqnaqe.
2. All welds, construction joi~ts and attachments shall be
finished consistent with the quality of all signs.
3. Typical construction:
a. Brackets shall be of a variety of designs, fabricated
from heavy steel bar and strap stock. Terminations of
bar stock to have pounded and finished ends. Steel to
be primed and painted with self-catalyzing automotive
enamel (P.M.S. ,296).
b. Galvanized chain, 1/4" x 2" link, attached to top of
sign and underside of structure with 3/B" eye bolt.
Acid treated and primed, finished with self-catalyzing
automotive enamel (P.M.S. '296).
c. Bracket design, as proposed for each sign, shall be
submitted for Architect's reVlew prior to fabrication.
d. Where possible, mounting bracket shall incorporate the
project theme flower (sep- sketches).
Lighting:
Type II: Bent conduit (12" radius) with cover plate at
junction box and decorative mounting plate above
(see sketch ill. Use fixtures as manufactured by
Abolite Lighting, model numbers SDF-150, SAF-1SO,
EAFS-ISO, or equals.
a. White interior; exterior paint color, match
P.M.S. '296.
Type '2: Wall mounted at existing junction box. Use Prescolite,
Model No. MLR-34, or equal.
a. White interior; exterior paint color, match
P.M.S. 1296.
Type '3: Structure mounted 2 four foot exterior fluorescent
fixtures with baffle spaced to equally illuminate entire
sign. Use single Sylvania Incandescent/Fluorescent tube.
a. White interior; paint fixture exterior to match
wood structure (Frazee Madera "Oxford Brown").
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1. Banners, pennants, or temporary signs may not be displayed
on any building or in the parking area, and temporary
signs may not be placed on the inside surfaces of any
window or hung closer than 18" behind the inside surface
of any window.
2. Tenants may place an informational sign, not to exceed an
area of 144 square inches on or behind the window next to
the entrance door. Graphics shall be white or gold
Helvetica Light typography (silk screen or gold leaf) not
exceeding 1-1/2- in height, indicating hours of business,
telephone numbers and other business instructions.
3. Where applicable, tenant will be permitted to place a
painted plexiglass identification plaque at the rear
entrance door. The plaque shall not exceed 144 square
inches of Helvetica lettering (by Dennison or equal, not
to exceed 2" in height) indicating tenant name and address.
Plaque shall be placed 48" - 60. above finished floor on
the locking side of entrance.
4. Signs may not be painted directly onto a wall or surface
of any building. All signs shall be kept in a "like new"
condition. On notice, a tenant may be required to refurbish
any signing which does not qualify within these standards.
5. Signs will be free of all labels and manufacturer's
advertising with the exception of code requirements.
6. All siqns and installation of signs will conform to the
appropriate building and electrical codes. The tenant
and the sign contractor shall obtain any and all permits
required.
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.1. Center Identification Signs
A. These signs shall be similar to sign type A or B. Two of these
center identification signs will be permitted; One not to exceed
100 sq. ft. and a second sign not to exceed 35 sq. ft.
B. One banner-type sign will be pennitted near the entrance to a
business for a period not to ex~eed 30 days from the opening of
that business.
C. The Design Review Committee may permit an art or logo display
which constitutes a sign in the window or windows provided it
does not exceed more than 25% of the total window area.
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Department of COlIIIluni ty Oevelopaent
Cbula Vista. California
Name of Es tab 1 i shment:
Address:
Business Phone:
Applicant:
Mailing Address:
Phone :
Sign: _ Permanent
Temporary (Authorized from
)
to
* Application for a sign permit shall be accompanied by a plan or sketch, drawn to
scale, indicating the location, size, design. colors, lighting and materials of the
proposed sign. The plan shall also show the building facade upon which the sign will
be placed.
^ sign permit shall be granted by the Director of Community Development to those signs
conforming to the Sign Processing Policy of the Town Centre Design Review Board, the
Sign Criteria of the Town Centre Design Manual. and the standards of the City's Sign
Ordinance. Decisions of the Director of Conmunity Development may be appealed to the
Design Review Board.
-----------------------------------.---------------------------------------------------------
City Planner's Certification
I hereby certify that the subject application for a sign permit meets the filing
requirements of the Town Centre Procedures Manual and the pertinent policies of the
Town Centre Design Review Board.
I also certify that the signage proposed under the subject application is consonant
and harmonious with the graphic-design guidelines of the Town Centre Design !oIanual,
and the adopted pOlicies of the Town Centre Project Area Committee and Design Review
!loard; and, that the proposed signage would be consistent with the general Objectives
of the ~,wn Centre Redevelopment Plan.
I further certify that the applicant has provided ~ office with sufficient evidence
to assure me that he has retained competent graphic,.deslgn services, and that the
proposed signage will be executed in an artistic and workmanlike manner.
COr:!:l1unity Development jI,pproval/Denial by:
Date:
Comlllents/Condi tions: __
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. :. .. - )l,.,... - "':" co · " ~U\..A "'~A. ,.AUF
tr.e :lUar.t.!. ~:.' ana aual!.:v 01 1nforMa--.r>)V'" .
~:.on l'coui!'ed :'0::' :!d:!'ini:trat1ve 111.-:n
annroval. ~~ coe3 not indicatc a
::rc:"p.rrec -:';~e of s1m. or ;:refclTed
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and WheR Recorded RetUrn to:
.
Nickelodeon Theater Compapy,
Inc.
431 College Blvd'. .
Oceanside, CA 92057
.
Attn: Mr. Jon Meloan
Title o.rder No. 154419-11
Escrow No. 6200S9-KL
.
ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS
.
This Assignment and Assumption of Rights and Obligations (the "Agreement") is made
and entered into as of this 15thday of August, 1995. by and among UNITED ARTISTS
TIlEATRE CIRCUIT. INC., a Maryland corporation, fonnerly known as United Aitists
Communications, IDe., having an address at 9110 East Nichols Avenue. Suite 200. Englewood.
Colorado 80112 ("Assignor"), and NICKELODEON TIIEATER COMPANY. INC.. a
California corporation, having an address at 431 College Boulevard, Oceanside. California
92057 ("Assignee").
.
Reeit",lc
A. Assignor has conveyed to Assignee, its right, title and interest in that cenain real
property and improvements thereon descnbed in that certain Corporation Grant Deed dated
August IS, 1995. and recorded in the Official Records of San Diego County cOllCUlTentJy
herewith (the "Premises").
B, The Premises are subject to the terms and conditions of that certain document
entitled Reciprocal Grant of Easements and Declaration Establishing Restrictions and Covenants
dated December IS, 1983, and recorded in the Official Records of San Diego County on March
15. 1984. as Document No, 84-094179, and rerecorded on May 16, 1988. as Document No, 88-
228306. and subsequently amended and assigned (collectively. the "Declaration").
C. In connection with the conveyance of the Premises and pursuant to Section 8.03
of the Declaration, Assignor desires to assign and transfer to Assignee. and Assignee desires to
assume, aI1 of Assignor's rights, title, interest, duties and liabilities, in and under the
Declaration, subject to the temlS and conditions of this Agreement.
.
.
.
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are nereby aClenowledgeC1, tile parties agree as follows:
,
1, Assilmment. Assignor hereby assigns. transfers. sells and conveys to Assignee
all of its right, title. interest, obligations and liabilities in, to and under the Declaration,
2. AssumDtion. Assignee hereby accepts such assignment and assumes Assignor's
rights, duties. obligations and liabilities under the Declaration and agrees with Assignor not to
use, occupy, or allow any lessee to use or occupy the Premises iIf :my manner which would
constitute a violation or breach of any of the affIrmative or negative covenants contained in the
Declaration.
3. AssillIJee to Indemnify Assimor. Assignee hereby agrees to indemnify, exonerate
and bold Assignor harmless from and against any and all costs, expenses and liabilities.
including, without limitation, court costs, and reasonable attorneys' fees, arisiJIg as a result of
any claims brought against Assignor arising from a breach of this Agreement and/or the
Declaration and the obligations of Assignee thereunder from and after the date hereof. Assignee
hereby acknowledges that, in accordance with Section 8.03 of the Declaration, Assignor is
hereby released from any further obligation uDder the Declaration arising after the date of this
.; Agreement. r
4, Assi~r to Indemnify Assil!Ilee. Assignor hereby agrees to indemnify, exonerate
and bold Assignee harmless from and against any and all costs, expenses and liabilities,
includiJIg, without limitation, court costs, and reasonable attorneys' fees, arising as a result of
any claims br~ght against Assignee arising from a breach of this Agreement andlor the
Declaration and the obligations of Assignor thereunder and which occur prior to, or as of the
date hereof.
5, Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit .gf the panies hereto and their respective successors, heirs and assigns, and shall be
cons~ in accordance with the laws of the Stale of California.
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[The remainder of this page is intentionally left blank}
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ana year tlrst aoove wnaen,
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ASSIGNOR:
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Vl'IIUJW ARTISTS THEATRE CIRCUIT,
INC., a Maryland corporation
By,~
Name: :At.- (l~.L!V&At..JI>
Title: ExECl.,l7?VE Vice PIt.E:S(~
By:
Name:
=I'itle:
~~f'f3 uJJ?C4?C blJ
~ 1.2"'" "'l t.J ,"CJ:>X J).,...;
55 +-. Sec:i-y.
ASSIGNEE:
NICKELODEON THEATER COMPANY,
INC., a Calif~ corporation
By:
Name:
Title:
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By:
Name:
Title:
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a.uw},,-a.& 1LU,';n. Q,vv....... T'l"1.1.........1&.
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, ASSIGNOR:
UNITED ARTISTS THEATRE CIRCUIT.
INC.. a Maryland corporation
By:
Name:
Title:
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By:
Name:
Title:
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ASSIGNEE:
t
NICKELODEON THEATER COMPANY.
~C.. a California c
By: .7fL.
Name:
TItle: s:.
~.:..~~~~...
Title:.:...:J7'J'tf,S1 ~~
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COUNTY OF ARAPAHOE )
On August f5 , 1995. before me, the undersigned, a Notary Public in lltld for
the State of Colorado, personally appeared _f.k.1 (!jwa.l.a....d and ~e.b~<.A 'Wi bx &w ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and ackoowledge to me that they executed
the same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
My commission expires: Atrll ~'. 1'1%.
(SEAL) . J.. l/l, ..... [u:;/..:ca..
Name: s.~ E'. 'W"-; t:e.
. \
STATE OF CALIFORNIA )
) 55.
COUNTY OF )
On August _' 1995, before me, the undersigned, a Notary Public in and for
the State of Colorado, personally appeared and ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and acknowledge to me that they executed
the same in their authorized capacities, and that by their signatures 00 the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal,
My commission expires:
(SEAL)
Name:
..
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J :)~.
COUNTY OF ARAPAHOE )
.' On August _, 1995, before me. the undersigned. a Notary Public in and for
the Stare of Colorado" perso!,Wly appeared and .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names are subscribed to the within instrument and acknowledge to me that they executed
the same in' their authori~ capacities, and that by their signatUres on the insttUment the
persons. or the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
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My commission expires:
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(SEAL)
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Name:
STATE OF CAUFORNIA
COUNTY OFS~/0.3'tJI""I.O )
On August lk., 1995, before me, the undersigned. a Notary Public in and for
the State of Colorado, personally appeared.AL.A-,.j (0(<(YS,$BW/,.. 8Jftt../ 111/ II J/III
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons
whose names arc subscribed to the widlin instrument and aclcnowledge to me that they executed
the same in their authorized capacities. and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrutnem.
)
) $S.
Witness my band and official seal.
_ My commission expires:
r ~~~ ~ll~'~if't'lot ANNe LUKE 1
~. COtII~ ..,0Z2074 R
( . --,.",..-;:..."""",
rJ.f.l OIEGO CCUNIY
1I'I~1DCfIIAIiI,_
J. APflILa. IlIll8 I
'I-?r 9,{
Name:c~~!:ff!?1:M;f-
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to J:le t.ne person\SI wnose natre \SI ~ suoscn.cea t:O 1:ne ~ ~
and acknowledged tome that@'she/ executed the same ~,' sther/thei{
authorized capacity(ies), and that ~/their signatlJre s en the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the inst.I:ulrent.
WI'INESS my han:i and official seal.
Signature ~U.(.~ Li --UL...
Narre
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(typed or printed)
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(Sea1.)
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