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HomeMy WebLinkAbout; Hurley, Thomas & Woolsley, Richard; 2007-0478360; Parking AgreementRECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 11 S 6 ft 1200 Carlsbad Village Drive U ° Carlsbad, California 92008 DOC# 2007-0478360 JUL17, 2007 4:01 PM OFFICIAL RECORDS SAN DIERD COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER pJll|: °?? 2007-0478360 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING EV-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this // *>- day of {TyuJUft- 2007, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, "a body corporate and politic (hereinafter referred to as the "Commission"), and Thomas J. Hurley & Richard A. Woolsley, 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 560 & 562 Carlsbad Village Drive (APN: 203-292-15,16,17 & 19) 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 06-03), which provides conditional approval of a 23,000 square foot mixed-use building ("Project") on the subject property. B. Condition No. 26 of approved Design Review Board Resolution No. 322 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. 322 provides that the Program Participants pay a Parking In-Lieu Fee for a total of sixty-three (63) 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 11569 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 sixty-three (63) on-site parking spaces for the land covered by Major Redevelopment Permit No. 06-03 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 06-03, including Condition No. 26 listed in Design Review Board Resolution No. 322. (b) The Program Participants shall pay the Parking In-Lieu Fee for a total of sixty-three (63) parking spaces as established by the Commission, and, as required by Condition No. 26 of Design Review Board Resolution No. 322. 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 (63) 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 06-03 conditioned upon the Program Participants's payment of a Parking In-Lieu Fee for a total of sixty-three (63) 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 21.35 of the Carlsbad Municipal Code, the Village Master Plan and Design Manual, and Condition No. 26 of Design Review Board Resolution No. 322. 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 "Indemm'tees"), 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 11570 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 PARTICIPANTS: Thomas J. Hurley & Richard A Woolsley 1015 Chestnut Ave. #F2 Carlsbad. CA 92008 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 sixty-three (63) 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 11571 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 panics hereto have caused this Agreement to be signed as of the day and year first above written. PROGRAM PARTICIPANTS Property Owner By:_ ^ (Sign Here) Thomas J. Hurley (Print Name/Title) By:. (Sign Here) Richard A. Woolslev COMMISSION Housing and Redevelopment Co municipal corporation non, a Claude A. Lewis, Chai Attest: Raymond R, Patchett, Secretary to Commission (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: RONAflTRvBALL, City Attorney // \BY:_ Ja>rerMobaldi, Assistant City Attorney" 2/26/99 VI 11572 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ ss. On 17. 1M)1 before me,~ ~I - personally appeared , , Name.and Title ol Officer (e.g., "Jane Doe, t. ft.Vtois TRIOALLATONIS L Commission #1416319 I Notary Public - California | San Diego County r My Comm. Expires May 6,2007f Name{s) of Signer(s» \/ I ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(^) is/are- subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/her/their authorized capacity(tes)r and that by his/rwr/ttrelr signature^) on the instrument the person^), or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand an OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SeewnenTDate: : fa/fo Signer(s) Other Than Named Abov Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s):. D Partner — D Limited D Genet D Attorney-in-Fact D Trustee D Guardian pKJonservator D Othet RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Representing:, © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsvrorth, CA 91313-2402 • wviw.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 11573 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 PARTICIPANTS Property Owner By: COMMISSION Housi munici (Sign Here) Thomas J. Hurley & <^^ & r • Redevelopment Commission, a (Print Name/Title)Attest: By:_ s, Cfeaifperson Assistant Secretary to the Commission Raymond R. Patchett, Secretary to Commission (Sign Here) Richard A. X (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: RONAWJT\BALL, City Attorney /BY •»*- Jafle Mobaldi, Assistant City Attorney 2/26/99 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of S&n Ou>^c. t^ On -A-3-1 (BATE) before me, }ss 11574 Vv^ooe,4-(oL A((( SQ.VJ- personally appeared Tu( ;rsonally known to me - OR - &£:"N Commtotfon* 140754ft Notary ruble - CoNtomta Ion Otogo County MyComm.EMpkwOct13.2009 (NOTARY) SIONKRiS) 3 proved to me on the basis of satisfactory evidence to be the person(s) whose nam;(s) /isyaw^subscribed to the wijhiii instrument and acknowledged to me that Be7she/the"y executed the same in /his/trei/thcir authorized ^^^"^ ^^"^^ jcapacity(ies), and that byOm/kcr/the.TT signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE • OPTIONAL INFORMATIONV* A4b%^*«««** m.+ 1fL 1^ A^A'A«»* *^T*^ ^^ ~^ ^^^ The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITtE(S) n PARTNER(S) Q ATTORNEY-IN-FACT Q TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER: C '• l'SS/on v^kioc iA-Lidu Pri>< u^ . . ^ Y \_^^ '^ ^-* (3o-T\(/'>r\ A c. r.ee_yi—^T" TTTLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF FEftSONtS) OU ENTITYilES) RIGHT THUMBPRINT OF SIGNER ARA5/99 VALLEY-SIERRA, soo-362-3369 ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ^>°-' On /7?/xw ss. 11575 ItlATHi before me, CSOTARY) personally appeared ~T/^<>/H(as ^personally known to me - OR - MW*mAiu*ON CommWon*l*0754» Notary Puttte-Cc*»omki Ion Otopo County MyComm.CxpfeiMOct13.2009 proved to me on the basis of satisfactory evidence to be the person(s) whose namj(s) mare-subscribed to the within instrument and _/ L-JLacknowledged to p»-that\he/$»e£hcy executed / JLthe same in ^s/hci/trreir authorized capacity(ies), and that by (oas/nef/trrelr signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of ihis acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [J INDIVIDUAL ft ["I CORPORATE OFFICER £ Tm.E(S) Q PARTNER(S) ^0* ATTORNEY-TN-FACT fo*4^^€ G TRUSTEE(S) D GUARDIAN/CONSERVATOR Q OTHER: NT NUMBER OF R -< AGES Le, S >vc. «• DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER SIGNER IS REPRESENTING: NAME OF FERSON(S) OR ENTITYdES) APA 5/99 VALLEY-SIERRA. 6t>o-3G2-3369 11576 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of X/D ft I Date' personally appeared o before me, y^Jul (LlouuidJL A cer (e.g./\tene Doiie and Title" of Officer (e.g./ine Doe, Notary Public") Name(s) of Signer(s) ETpersonally known to me SHERRY A. FRftWNCER CommlMlon * 17270*4 Notary Public - CoHtomta I San Dtogo County Place Notary Seal Above D (or proved to me on the basis of satisfactory evidence) to be the person^ whose name^fis/gre subscribed to the within instrument and acknowledged to me that he/sji'fe/th/fy executed the same in his/beVtr)e1r authorized capacity(ie^), and that by his/hXr/th^fr signature^ °n tne instrument the person^, or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signatun OPTIONAL -o Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fojmJo another document. Description of Attached Document / , 'O *X36 * Title or Type of Document: <^uL* Q @ fr4J?dh«-d HOUS/*^. fyc/* 0«-lof)tr) 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: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 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 ® 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 11577 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V jfi r\( personally appeared before me, vJ)AjLrfu. 14 ,/.s/ nttY. Name and Title of Officer (e.o/\Jan^ Doe, Notary Public"/ ad.Name(s) of Signer(s) ISHERRY A. FRflttNGfR Commission # 1727064 Notary Public - CaMfomia | San Dtogo County - Place Notary Seal Above ffl'personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person^) whose name(^f is/are" subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bis'/her/trj^fr authorized capacity(i^), and that by bis/her/thpfr signature^ on the instrument the personj$, or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document • Title or Type of Document:>4Lt>£t/rr i\-/^/i-t.u. MM.-J ^7« "—ft*UU#r-jf>+ -/ 7yx> s-e meJ + Document Date: —j-, . 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 — n 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 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 THUMBPRINTOF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Criatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1 -800-876-6827 11578 ATTACHMENT "A" LEGAL DESCRIPTION APN 203-292-15.16.17. & 19 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Parcel A: Lot 28 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel B: Lot 29 in Block 34, Town of Carlsbad, County of San Diego, State of California, as per Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. Parcel C: Those portions of Lots 30, 31 and 32, In Block 34, In the Town of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888, described as follows: Beginning at the Southwest comer of said Lot 32, running thence Northwesterly along the Southwesterly boundary line of said Lots 32, 31 and 30, a distance of 75 feet to a point of intersection with the Northwesterly boundary line of said Lot 30; thence Northeasterly along said Northwesterly boundary line a distance of 50 feet; thence Southeasterly along a line parallel with and 50 feet Northeasterly from said Southwesterly boundary line of said Lots 32,31 and 30, a distance of 75 feet to a point in the Southeasterly boundary line of said Lot 32; thence Southwesterly along said boundary line which is also the Northwesterly line of Elm Avenue, a distance of 50 feet to the point of the beginning. APN: 203-292-15-00, 203-292-16-00, 203-292-17-00 and 203-292-19-00 2/26/99