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Home My WebLink About03-038 CC ResolutionRESOLUTION NO. 03-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT WITH THE CITY OF TEMECULA AFFECTING REAL PROPERTY" BETWEEN THE CITY OF TEMECULA AND THE IRON WOK RESTAURANT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: Iron Wok Restaurant desires to construct and operate a patio addition (the improvements), which includes the construction of a patio, portable fire pits, a plexi-glass screen wall and a fire retardant tarp; B. The City holds a storm drain easement through the proposed improvements and is responsible for repair and maintenance of the storm drain; The City has reviewed and approved an application submitted by the Iron Wok for the patio improvements provided the applicant enter into an agreement with the City allowing continued access for maintenance and repair of the storm drain facilities. Iron Wok has agreed to allow the City continued access and assumes responsibility for the removal and replacement of any private improvements upon the City's request to repair or maintain the storm drain. E. The agreement shall be recorded and deemed as a covenant running with the land for the benefit of the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby consents to the patio use of the storm drain easement described in Exhibit "A" attached hereto and approves that certain agreement entitled "Agreement with the City of Temecula Affecting Real Property" with Iron Wok. R:/Resos 2003/Resos 03*38 1 PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 22nd day of April 2003. ATTEST: Je~ey E. Stone, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-38 was duly and regularly adopted by the City Council of the City of nd Temecula at a regular meeting thereof held on the 22 day of April, 2003 by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Comerchero, Naggar, Pratt, Roberts, Stone R:/Resos 2003/Resos 03-38 2 "~ LF OF 8~ PVC ~0~- DRAINS OUTTER BUILDING 96. 55 LF OF STORM S=I. 0,~ 28'~ 8*PVC FOR ROOF DRAINS EXIST. EXISTING LiP OF ~UTTER ~07E, F~W ~AMI"Y ALL £LEYA~ONS ON THESE PLANS ~ SHO~WI £XA~R Y ~ ~ ~ ............... N 24 25 RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan W. Jones, CMC City Clerk CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 Space above this line for Recorders Use AGREEMENT WITH THE CITY OF TEMECULA AFFECTING REAL PROPERTY (IRON WOK) THIS AGREEMENT is made and entered into as of April 22, 2003, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "City" and Iron Wok of Temecula hereinafter referred to as "Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respect to the following facts, which are acknowledged as true and correct by the parties hereto: a. Owner is the owner of real property (the "Property") located at 26520 Ynez Road, Temecula, California, which is more particularly described on Exhibit A, A Site Plan attached hereto and incorporated herein as though set forth in full ("Property"). b. Owner is desirous of obtaining approval of a Grading and/or Building Permit from the City to grade and/or construct an Outdoor Patio Area located at 26520 Ynez Road, which would be built over a City of Temecula storm drain easement. c. Owner warrants and represents that it is the sole owner of the Property and that no other person or persons hold any legal or equitable interests in the Property, including deeds of trust or liens. Section 2. OWNERS COST & EXPENSE OF IMPROVEMENTS. 1 REVISED: 04117/2003 R:~LANDDEV~FORMS~IMPROVEMENT AGREEMENTS.DOC The Owner agrees that they will bear the full cost of constructing the improvements and will repair any damage to the storm drain if caused by the contractor. Owner further agrees that it shall be their responsibility to remove and replace the improvements, at its sole cost and expense, on thirty (30) days notice should it be necessary for the City to modify the storm drain or obta'm access to it. Section 3. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Owner. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to the Agreement shall be effective only if in writing and signed by all parties. If any term, condition or coven~n~ of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. Section 4. INDEMNIFICATION. The Owner agrees to defend, indemnify, protect and hold harmless the City, its officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expense, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Owners, negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. Section $. TIMING. This Agreement shall be submitted prior to issuance of a building permit. The Owner agrees he shall submit this completed, signed, and notarized agreement prior tO obtainin~ a building permit. Section 6. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. Section 7. BINDING EFFECT. a. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants ronning with the land for the benefit of the City in carrying out its statutory responsibilities under California law and to enforce the provision of the Temecula General Plan. The covenants contained in this Agreement shall be binding for the benefit of the City and its successors and assigns, and such covenants shall rim in favor of the City for the entire period during which such covenants shall bc in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. b. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Section 8. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled 2 to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled, Section 9, NOTIC~_~, Any notices or other correspondence between the parties shall be sent to the following unless either party gives the other notice of a change of address: CITY OF TEMECULA Shawn D. Nelson, City Manager P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 OWNER Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. IN I~ITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC Cio/Clerk APPROVED AS TO FORM: Peter M. Thorson, C/ty Attorney OWNER By ~__ Title 3 REVISED: 04115/'2003 R:',LANDDEV~O~PROVEMENT AOREEMENTS.DOC ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ On ~ , personally appeared personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(o-whose name(~) is/a~- subscribed to the within instrument and acknowledged to me that-l~/she/thoy executed the same in his/her/their authorized capacity(ies), and that by lfi~her/their signature(~) on the instrument the person(O-, or the entity upon behalf of which the person(o- acted, executed the instrument. Witness my hand and official seal. [ ] INDIVIDUAL(S) [] 'SIGNATUI~E'OF NOTARY CAPACITY CLAIMED BY SIGNER OFFICER(S) (TITLE[S]): [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS OUARDIAN/CON$1~RVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies):