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Home My WebLink AboutCT 99-03; 3044 State Street LLC; 2006-0651025; Parking AgreementRECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency ,, Attn: City Clerk V 1200 Carlsbad Village Drive Carlsbad, California 92008 5580 DOC# 2006-0651025 SEP 13, 2006 11:45 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 6 2006-0651025 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this / 7*~ day of (jjjUL^junJ- 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and 3044 State Street, LLC, a California Limited Liability Company, (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 3044 State Street (APN: 203-297-04) 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 05-10), which provides conditional approval of a mixed- use development project consisting of six (6) condominium units and 1,875 square feet of commercial/retail space ("Project") on the subject property. B. Condition No. 27 of approved Design Review Board Resolution No. 309 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. 309 provides that the Program Participant pay a Parking In-Lieu Fee for a total of six (6) 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. 2/26/99 5581 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 six (6) on-site parking spaces for the land covered by Major Redevelopment Permit No. 05-10 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 05-10, including Condition No. 27 listed in Design Review Board Resolution No. 309. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of six (6) parking spaces as established by the Commission, and, as required by Condition No. 27 of Design Review Board Resolution No. 309. 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 (6) 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 05-10 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of six (6) 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, 27 of Design Review Board Resolution No. 309. 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. 2/26/99 113 5582 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: 3044 State Street LLC 539 Carlbad Village Drive #100 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 six (6) 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. 2/26/99 5583 10. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any cour of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force an 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 COMMISSION Property Owner 3044 Stfte Street. LLC Hous#g ^d Redey^ogiMent L^mrmjsSion, a mu: 3044 State Street LLC (Print Name/Title) By:. (Sign Here) B s, Chairperson Attest: ^f^^' .. Raymond R. Patchett, Secretary'to CormmfcfiSiP-ISHED \\ •S n — * : w^f in • . fn (Print Name/Title) (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 officers) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R^BALJ-, City Attorney BY: )R>EMjane Mobaldi, Assistant City Attorney 2/26/99 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 5584 State of County of On ate personally appeared before me. /Name, title - e.g., John Doe, Notary Public Name(s) of Signers(s) Q Personally known to me OR QfProved to me on the basis of satisfactory evidence to be the person($ whose namefe) is/a^fe subscribed to the within instrument and acknowledged to me that he/sj>e/they executed the same in his/hdr/their authorized capacity(i^s), and that by his/ her/their 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. re of Notary OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: INDIVIDUAL CORPORATE OFFICER(S) Title(s) G PARTNER Q LIMITED Q GENERAL Q AlTORNfEY-IN-FACT Q TRUSTEE(S) Q GUARDIAN/CONSERVATOR a OTHER: NAME(S) OF PERSON(S) OR ENrnrdEs) SIGNER is REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ± NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE: 5585. ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3044 State Street Assessor Parcel No.: 203-297-04 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: Lots 13 and 14 in Subdivision of a portion of Tract 106, Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1710, filed in the office of the County Recorder of San Diego County, December 9, 1919. 2/26/99