Loading...
HomeMy WebLinkAbout8.3 Attch 4 Shared Parking AgmtRECEIVED FEB - 5 2010 DUBLIN PLANNING SHARED PARKING AGREEMENT This SHARED PARKING AGREEMENT ("Agreement") is entered into and effective February 5, 2010, by and between KBH Investments (Dublin Nissan) and KBH Investments (Dublin Honda). RECITALS WHEREAS, pursuant to sections Section 8.76.080 of the City of Dublin Municipal Code specifies criteria which must be met in order to utilize off-site shared parking agreements to satisfy on-site parking requirements. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties as herein expressed, KBH Investments LLC dba: Dublin Nissan, KBH Investments LLC dba: Dublin Honda and the City of Dublin agree as follows: KBH Investments LLC dba: Dublin Honda, the owner of the property located at 6300 Dublin Boulevard, Dublin, California, APN: 941-0550-075 agrees to provide KBH Investments LLC dba: Dublin Nissan the owner of the property located XXXX Scarlett Court, Dublin, California, APN: 941-0550-074, at with the right to the use of 24 parking spaces as shown on Exhibit A to this Agreement on property. 2. The parking spaces referred to in this Agreement have been determined to conform to current City of Dublin standards for parking spaces, and the parties agree to maintain the parking spaces to meet those standards. 3. The Parties understand and agree that if for any reason the off-site parking spaces are no longer available for use by KBH Investments LLC dba: Dublin Nissan will be in violation of the City of Dublin Municipal Code requirements. If the off-site parking spaces are no longer available, Applicant will be required to reduce or cease operation and use of the property at Applicant's address to an intensity approved by the City in order to bring the property into conformance with the Municipal Code requirements for required change for required parking. Applicant agrees to waive any right to contest enforcement of the Municipal Code in this manner should this circumstance arise. Although the Applicant may have recourse against the Party supplying off-site parking spaces for breach of this Agreement, in no circumstance shall the City be obligated by this agreement to remedy such breach. The Parties acknowledge that the sole recourse for the City if this Agreement is breached is against the Applicant in a manner as specified in this paragraph, and the City may invoke any remedy provided for in the Land Development Code to enforce such violation against the Applicant. 4. The provisions and conditions of this Agreement shall run with the land for those properties referenced in paragraph 1 of this document and be enforceable against successors in interest and assigns of the signing parties. ATTACHMENT 4 5. Title to and the right to use the lots upon which the parking is to be provided will be subservient to the title to the property where the primary use it serves is situated. 6. The property or portion thereof on which the parking spaces are located will not be made subject to any other covenant or contract for use which interferes with the parking use, without prior written consent of the City. 7. This Agreement is in perpetuity and can only be terminated if replacement parking has been approved by the City's Planning Department and written notice of termination of this agreement has been provided to the other party at least sixty (60) days prior to the termination date. 8. This Agreement shall be kept on file in the City's Planning Department Project Number: PA-09-040. In Witness whereof, the undersigned have executed this Agreement. KBH INVESTMENTS LLC Dba: Dublin Honda Taz Harve KBH INVESTMENTS LLC Dba: Dubl' Nissan Taz Harvey Z010 Date Z-5 -2-o?o Date City of Dublin Planning Manager Jeff Baker Date K4 I402) LOLL'L I Ern A pxi h iDl mWl Many W,xIC 01[ tcxe) [vf (Sx6) vcs.e ., .[.rrs ca me Caro ,? 99596 tlJ 'N118f10 R Q$ J y tJdZb' N3SN3f 12i399nu ` T NoiionRsN00 ' ? XXXXXXX U318YOS XXXX dIHS831H34 3AI1OW01(ld s s $ e f== lA a a131Jlb HO NVSSIN N110nO @ w=a U ? c laaa 4 w .? Y f :. & aj [1 H I f I j FF , I ! I ' i i .a? [.r sae vnire anw u a 0" I ? i i ? j i ?1?• e ?- ?(LII I - ? xl -i I N 2 -f II- -if m 1 m o ? ?I ? I Ii 1.. ? JII r5 ? } I \ - ? ? ? e1?9pd ::? Op I G ik gill ?It If pgi °Fla ?6 }$ey x piR Sk?