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Home My WebLink AboutSDP 2019-0002; Satterly, Russell and Susan and Mino, Linda; 0087845; Parking AgreementDOC# 2020-0087845 111111111111 lllll 11111111111111111111 lllll lllll 11111111111111111111111 Feb 21, 2020 09:56 AM OFFICIAL RECORDS Ernes.t J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $41.00 (SB2 Atkins $0 00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) PAGES 10 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use Assessor's Parcel Number 203-294-01-00 -------------Project Number and Name SOP 2019-0002/CUP 2018-0021 Pure Project Brewery and Tasting Room CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT A THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this ;jqlh day of ugusl , 2019, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Russell Satterly, Susan Satterly and Linda Mino, ("Program Participant"), is made with reference to the following: RECITALS A Program Participant is the owner of certain real property located at 2825 State Street (APN: 203-294-01-00) in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Minor Site Development Plan (SDP 2019-0002) and Conditional Use Permit (CUP 2018-0021), which provides conditional approval for a 2,206- square-foot brewery and tasting room and participation in the Parking In-Lieu Fee Program for .1 parking space to satisfy the on-site parking requirements ("Project"). B. Condition No. 13 of Planning Commission Resolution No. 7335 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021 for the Project and provides that the Program Participant pay a Parking In-Lieu Fee for a total of .1 parking space. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021 to satisfy the parking requirement for the Project according to the requirements set forth in this Agreement. 1 CA 11/5/2014 . ~ APN: 203-294-01-00 PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. 2. THE RECITALS ARE TRUE AND CORRECT. THE ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing .1 on-site parking space for the Project covered by Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021 by reason of Planning Commission approval of Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021, including Condition No. 13 listed in Planning Commission Resolution No. 7335. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of .1 parking spaces as established by the City Council, and, as required by Condition No. 13 of Planning Commission Resolution No. 7335. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed 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 Review zone, 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 City of Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Council has approved Minor Site Development Plan SDP 2019-0002 and Conditional Use Permit CUP 2018-0021 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of .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. 13 of Planning Commission Resolution No. 7335. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carlsbad and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "lndemnitees"), and any of them, from and against all loss, all risk of loss and all damage, including attorneys' fees and expenses, 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 lndemnitees, and any of them with respect thereto. 2 CA 11/5/2014 APN: 203-294-01-00 PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM 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. 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 Dated: (Print NamefTitle) Dated: 6 \ \0\ \g (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 office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) 4 CA 11/5/2014 APN: 203-294-01-00 PROJECT NO. & NUMBER: SDP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM 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: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Russell Satterly 909 Rosemary Avenue Carlsbad, CA 92011 Susan Satterly 3863 Cambridge Court Oceanside, CA 93056 Linda Mino 1437 Machado Street Oceanside, CA 92054 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 1 parking space for the 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 Project as described in Exhibit A to this Agreement. 3 CA 11/5/2014 ·/ / APN: 203-294-01-00 PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM APPROVED AS TO FORM: Dated: 5 CA 11/5/2014 APN: 203-294-01-00 PROJECT NO. & NUMBER: SOP 2019-0002/CUP 2018-0021 -PURE PROJECT BREWERY AND TASTING ROOM Address: 2825 State Street Assessor Parcel No.: 203-294-01-00 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 7 and Lot 8 in Block J of town of Carlsbad, in the City of Carlsbad, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 6 CA 11/5/2014 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sao Di c3o beforeme, Madi.son Wilc:novsk?1 Notac~ 8,bl!"e, (insert name and title o the office personally appeared 8: VE:, s.c 11 J'at+ecl y , who proved to me on the basis of satisfactory evidence to be the personN whose name~)@'~ subscribed to the within instrument and acknowle~ed to me thatQ:ie/st,e~ey executed the same in ~her/their authorized capacity(tes), and that by!b.i,$/har/th.eir signature~) on the instrument the person('s,), or the entity upon behalf of which the person~) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rr==i • COMM.12289014 ! : .. ~=~t = My ExpirNOSl18/202S = ...................................... (Seal) .. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of o'ao Di~ a before me, M adj,rnn WilmoysK~. No+a~ Pub Ii e, (insert name and title f the offi r) personally appeared ___._~=A ........ _.,,_......,.....,_.."'-'-~----------------.......,..-- who proved to me on the basis of satisfact ry evidence to be the personts) whose name · ~e subscribed to the within instrument and acknowledged to me that l\e,&Be/they executed the same in 'hls@lth'eir authorized capacity(las), and that by Ns~/t~ir signature($.) on the instrument the person(\), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ................................... ,91 i@UADICC::.=:'" i I NOIMY PUBUC • CrAI..FOIIM ! •· SAN DIEGO COUNTY • : My'Commlellon Explrae 05118'20IS : ...................................... (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of tSaa Qi e3o On lwgv.::d 10, 2019 before me, Mcadi.sao Wj I movi>ey. No±afrit Pv blir. (insert name and title of the o er) personally appeared __....._......,......___,_-LJ.. .......... '----------------------=--- who proved to me on the basis of satisfactory evidence to be the personW whose name~ · ~e subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~~/their authorized capacity~). and that by hts~/t~ir signature'(-&) on the instrument the person(~. or the entity upon behalf of which the person('s,)_ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ................................... i~ MMJIIONWILMOVaY -l2288014 I WITNESS my hand and official seal. I . ""=C:::-1 iMr _.....,..,..; ..................................... Signature ~½2 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ___ ..... S'--=a=a.,______.D=-a..,,,i~'-=1--"'"'------ 0n ~A~{JQ..,...u ...... s ...... -t ____ :J=---.&--q...__.f/L'-"'--_ before me, ___,Hf--L-""'t ..... C_,_,70.__t'--=-Go-'-m---=-e_7-__,,'-------'--'-N_11"--=Ca_i[j__,____.._P. ...... @ ...... t.L....,i C...___ V (insert name and title of the offl'cer) personally appeared M atf Hal I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~ (Seal)