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Home My WebLink AboutRP 04-12; Daly, William & Rosa; 2005-0579629; Parking AgreementA, DOC # 2005-0579829 n RECORDING REQUESTED BY: $ City of Carlsbad $f WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 I I Iil'l'll It Ill lllll lllll lllll lit11 lllll Ill11 lllll Ill11 11111 lllll Ill1 Ill1 JUL 11,2005 8:47 AM i Illlli 11111 llill illllllillU1!111i11 lllll !Ill 11111 11111 Ill11 11111 lllll11111111 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARTICIPATION AGREEMENT PARKING IN-LIEU FEE PROGRAM THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this / y4day ,2005, by and between the CARLSBAD HOUSING AND REDEVELOPMENT corporate and politic (hereinafter referred to as the "Commission"), and William V. Daly & Rosa C. Daly, property owners, (hereinafter referred to as the "Program Participants"), is made with reference to the following: RECITALS A. Program Participants are the owners of certain real property located at 2753 Jefferson Street (APN: 203-1 10-14) in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Major Redevelopment Permit (RP 04-12), which provides conditional approval of a 3,093 square foot professional office building ("Project") on the subject property. B. Condition No. Is of approved Design Review Board Resolution No. 298 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participants prior to the issuance of a building permit for the subject Project. Design Review Board Resolution No. 298 provides that the Program Participants pay a Parking In-Lieu Fee for a total of two (2) parking spaces which in effect purchases parking credits from the Carlsbad Redevelopment Agency. The Program Participants shall pay the approved Parking In-Lieu Fee (per parking space) in effect at the time of building permit issuance to satisfy a portion of the parking requirement for the subject Project according to the requirements set forth in this Agreement. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. THE RECITALS ARE TRUE AND CORRECT. 2/26/99 2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participants's obligation for providing two (2) on-site parking spaces for the land covered by Major Redevelopment Permit No. 04-12 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 04-12, including Condition No. listed in Design Review Board Resolution No. 298. (b) The Program Participants shall pay the Parlung In-Lieu Fee for a total of two (2) parlung spaces as established by the Commission, and, as required by Condition No. of Design Review Board Resolution No. 298, the fee shall be paid prior to the Program Participants receiving a building permit for the subject Project. The fee shall be the sum total of the fee per parking spaces needed (2) to satisfy the Project's parking requirement. (c) The Program Participants shall have no right to designated parking spaces within the public parking lots located within the Village Redevelopment Area, or at any other location within the City of Carlsbad, nor shall the Program Participants have exclusive use of any public parking spaces. Through participation in the subject Parking In-Lieu Fee Program, the Program Participants agrees to assist the Carlsbad Redevelopment Agency in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Redevelopment Area of the City of Carlsbad. The Commission has approved Major Redevelopment Permit 04-12 conditioned upon the Program Participants's payment of a Parking In-Lieu Fee for a total of two (2) parking spaces. 3. REMEDIES Failure by the Program Participants to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 2 1.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 18 of Design Review Board Resolution No. 298. Such failure will allow the Commission and/or City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the subject project and property. 4. HOLD HARMLESS Program Participants will indemnify and hold harmless (without limit as to amount) Commission and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions obtained, allegedly caused by, arising out of or relating in any manner to Program Participants's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 2/26/99 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by regstered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: Housing and Redevelopment Commission Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE PROGRAM PARTICIPANTS: William V. Daly & Rosa C. Daly P.O. Box 260 Carlsbad. CA 92008 Any party may change the address to which notices are to be sent by notifjmg the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT Except for the provisions of Paragraph 4, which shall survive the term of this Agreement, upon payment of the parking in-lieu fee for the two (2) parking spaces for the subject Project, the Program Participants shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participants and any successive owners of the subject project as described in Attachment A to this Agreement. 9. JURISDICTION Program Participants agrees and hereby stipulates that the proper venue and jurisdiction for any resolution of disputes between the parties arising out of this Agreement is San Diego County, California. 2/26/99 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any cou of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force a effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANTS COMMISSION Property Owner Housing and Redevelopment Commission, a -- Rosa C. Dah (Print Name/Title) (Proper notarial acknowledgment of execution by Program Participants must be attached) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL. Citv Attorney BY: 1 STATE OF CALIFORNIA }ss . COUNTY OF SAN DIEGO 1 On fhdly 19, zaT before me, A. CASAS 1 personally appeared ~lrr/,cnm Y Oa/y &/a4 Ra- e. /dY cc , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) flare subscribed to the within instrument and acknowledged to me that Wthey executed the same in h;cLher/their authorized capacity(ies), and that by hkerltheir signature(s) on the instrument the person@) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatu re * (This area for official notarial seal) Title of Document &$ [/ L/ NO. of Pages c k kulm9d Date of Document sY/d CLt Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 2753 Jefferson Street Assessor Parcel No.: 203-1 10-14 The subject property is more specifically described as: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE NORTHEASTERLY 100.00 FEET OF THE NORTHWESTERLY 55.60 FEET OF THE SOUTHEASTERLY 241 .OO FEET OF LOT 47, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. 2/26/99