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Home My WebLink About; Salvagio, Leslie Ann; 2006-0398652; Parking AgreementDGC# 2006-0398652 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 JUN06, 2006 2:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 23.00 PAGES: 6 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT 2006-0398652 THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this 2nd day of May , 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and Leslie Ann Salvagio, property owner, (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 955 Grand Avenue (APN: 203-320-02) 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 04-26), which provides conditional approval of a 3,326 square foot professional office building ("Project") on the subject property. B. Condition No. 21 of approved Design Review Board Resolution No. 306 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participant prior to the issuance of a building permit for the subject Project. Design Review Board Resolution No. 306 provides that the Program Participant 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 Participant 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. 9465 2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING EV-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing two (2) on-site parking spaces for the land covered by Major Redevelopment Permit No. 04-26 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 04-26, including Condition No. 2J. listed in Design Review Board Resolution No. 306. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of two (2) parking spaces as established by the Commission, and, as required by Condition No. 21 of Design Review Board Resolution No. 306, the fee shall be paid prior to the Program Participant 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 Participant 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 Participant have exclusive use of any public parking spaces. 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 Commission has approved Major Redevelopment Permit 04-26 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of two (2) parking spaces. 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. 21 of Design Review Board Resolution No. 306. 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. 9466 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: Leslie Ann Salvagio 955 Grand Avenue 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 two (2) parking spaces 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. 9467 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: (Sign Here) Leslie Ann Salvagio (Print Name/Title) By:. (Sign Here) (Print Name/Title) COMMISSION Attest Patchett, Secretary to Il"" (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, Cijy Attorney BY: Jane/y&baldi, Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 9468 State of California County of ss. (7Crij Dim personally appeared _ before me, llSUl N«r* nnd Tllto of OBfcar («.0., "Jane DM, fotdfy Puttie! fiU? ALANA MARIE HARDY COMM. #1373130 « LJ personally known to me ^D provsd to me on the basis of satisfactory evidence to be the person^ whose name$ dsfere subscribed to the within instrument and acknowledged to me that rxa^sfieVthey executed the same in his/(Ker#helr authorized capacity^), and that by his/ffie7;Hheir signature^ on the instrument the person^ or the entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. Sgrwtw IX Notary Pubic OPTIONAL Though the information below is not required by law, ft may prove valuatife to persons wlying on the document and could prevent fraudutont removal and reatiachment of thl? form to another document Description of Attached Document Title or Type of Document: : , , Document Date: ,. Number of Pages:. Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer Signer's Name:RIGHT THUf/BPHlMT OF SIGNER D Individual U Corporate Officer — Trtle(s): D Partner — D Limited G General G Attomey-ln-Fact D Trustee D Guardian or Conservator D Other; Signer Is Representing:. 9469 ATTACHMENT"A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF ELM AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117, WITH THE WESTERLY LINE OF TRACT NO. 119 OF SAID CARLSBAD LANDS AS SHOWN ON SAID MAP NO. 1661; THENCE SOUTH 55 DEGREES 27' WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 117, A DISTANCE OF 1380.91 FEET TO A POINT ;THENCE NORTH 34DEG 33' WEST, A DISTANCE OF 450.00 FEET TO A POINT IN THE SOUTHEASTERLY OF THAT CERTAIN TRACT OF LAND CONVEYED TO AUGUSTA ASMUS, A DISTANCE OF 56.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 55DEG 27' WEST ALONG SAID SOUTHEASTERLY LINE OF SAID ASMUS LAND 56.25 FEET; THENCE SOUTH 34DEG 33' EAST 140 FEET; THENCE NORTH 55DEG 27' EAST, 56.25 FEET TO INTERSECTION WITH A LINE WHICH BEARS SOUTH 34DEG 33' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 34DEG 33' WEST 140 FEET TO THE TRUE POINT OF BEGINNING. APN: 203-320-02-00