Loading...
HomeMy WebLinkAboutRP 08-37A; Goncalves, Manuel S; 2010-0100693; Parking AgreementDOC# 2010-0100693 RECORDING REQUESTED BY: MAR 01, 2010 3:30 PM City of Carlsbad ^^1 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAEL TO: 'r7.A ^AVID L BU^, COUNTY RECORDER Carlsbad Redevelopment Agency • "^ FAGLS: Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT IS PARTICIPATION AGREEMENT ("Agreement") is entered into this. Of ^e^^x^X . 2010, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSIOI^a body corporate and politic (hereinafter referred to as the "Commission"), and Manuel S. Goncalves, (hereinafter referred to as the "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 3147 Roosevelt Street (APN: 204-085-03) 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 an Administrative Redevelopment Permit (RP 08-37A), which provides conditional approval of a project consisting of a change in use from retail to a self improvement service on the subject property, B. Condition No. 4 of Administrative Redevelopment Permit No. 08-37A states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participant following approval of Administrative Redevelopment Permit No. 08-37A, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of one (1) parking space which in effect purchases a parking credit from the Carlsbad Redevelopment Agency. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Administrative Redevelopment Permit No. 08-37A 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. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing one (1) on-site parking space for the land covered by Administrative 2/26/99 Redevelopment Permit No. 08-3 7A by reason of the Housing and Redevelopment Director approval of Administrative Redevelopment Permit 08-37A, including Condition No. 4. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of one (1) parking space as established by the Commission, and, as required by Condition No. 4 of Administrative Permit No. RP 08-37A, the fee shall be paid following approval for the subject Project. The fee shall be the sum total of the fee per parking space needed (1) to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parking spaces within the public parking lots located within the Village Redevelopment/Review Area, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant 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 Housing and Redevelopment Director has approved Administrative Redevelopment Permit 08-37A conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of one (1) parking space. 3. REMEDIES Failure by the Program Participant to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 4 of Administrative Permit No. 08-3 7A. 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 Participant 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 Participant'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 registered 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 PARTICIPANT: Manuel S. Goncalves 4535 Brighton Circle San Diego. CA 92107 Any party may change the address to which notices are to be sent by notifying 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 one (1) parking space for the subject Project, the Program Participant shall have no further obligations under this Agreement. 8. SUCCESSORS This Agreement shall benefit and bind the Program Participant and any successive owners of the subject project as described in Attachment A to this Agreement. 9. JURISDICTION Program Participant 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 court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANT Property Owner COUNCIL SEE ATTACHED LEGyftousm8 ajK} RedevelopmenySemmission, NOTARIZATTON a munkis Manuel S. Goncalves (Print Name/Title) Attest By:. (Sign Here)ildabrand, Secretary to Commisaum (Print Name/Title)jo; ESTABLISHED'';!. - to '; : j» = ^\. 1970 /^. (Proper notarial acknowledgment of execution by Program Participant 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: ftorney Mobaldi, Assistant City Attorney 2/26/99 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On before me, Mir AH, Notary Public, personally appeared S who proved to me on the basis of satisfactory evidence to be the person(tfjwhose name^TTs/are-subscribed to the within instrument and acknowledged to me that he/she/tfeey executed the same in his/hef/tbek authorized capacity(ies)rand that by his/hor/thcir-signature(syon the instrument the person(s)for the entity upon behalf of which the person(s^HCI6d, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ryyi <r~~l/l/fo ^yC/L/LA Signature of Notary Public Mir Ali, Notary Public OFFICIAL SEAL I MIR All J NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1817852 2 SAN DIEGO COUNTY » MY COMM. EXP. NOV. 12,2012 I (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages_Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D D D D D D Individual(s) Corporate Officer (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The onfy exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbi- age as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the author- ized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears with in his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.-he/ she/tbwr is/an) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document. ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3147 Roosevelt Street Assessor Parcel No.: 204-085-03 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: LOT 24 IN BLOCK 32 OF TOWN OF CARLSBAD AMENDED, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 15,1984. 2/26/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, (uuciji. A f~t •—• yCi_^i-fa_» > *\' •—4-—•—'-lere Insert Name and TitT»tf theOfficei Name(s) of Signer(s) SHERRY A. FREISINGEft Commission # 1727064 - Notary Public - California | San Diego County MyComm who proved to me on the basis of satisfactory evidence to be the person($ whose name(^ is/a/e subscribed to the within instrument and acknowledged to me that he/sjrfe/th/ey executed the same in his/h/^r/tr^ir authorized capacity(ie^), and that by his/h^f/th^ir signature^) on the instrument the person(^), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Above Signal OPTIONAL Though the information below is not required by law, it may prove valuable topepbons relying on the documei and could prevent fraudulent removal and reattachment of this fomTm another document. Description of Attached Document Title or Type of Document: (rlt^ ft- (-* Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827