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HomeMy WebLinkAboutCT 99-03; Hamilton, Darren M & Chris J & Judith W; 2006-0671962; Parking Agreement4759 DOC# 2006-0671962 fcf RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 SEP 21,2006 9:48 AM 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 BV-LIEU FEE PROGRAM PARTICIPATION AGREEMENT 2006-0671962 .. THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this / T^ day of /LiJtu.^J' 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and Darren M. Hamilton, Chris J. Hamilton, and Judith W. Hamilton, 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 3190 Roosevelt Street (APN: 204-084-09) 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 05-09), which provides conditional approval of a mixed- use development project consisting of four (4) apartment units and 1,500 square feet of commercial (retail/office) space ("Project") on the subject property. B. Condition No. 24 of approved Design Review Board Resolution No. 308 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. 308 provides that the Program Participants pay a Parking In-Lieu Fee for a total of one (1) parking space 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. ft 6 3*7 2/26/99 4760 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 one (1) on-site parking space for the land covered by Major Redevelopment Permit No. 05-09 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 05-09, including Condition No. 24 listed in Design Review Board Resolution No. 308. (b) The Program Participants 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. 24 of Design Review Board Resolution No. 308. 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 (1) 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 05-09 conditioned upon the Program Participants's payment of a Parking In-Lieu Fee for a total of one (1) parking space. 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. 24 of Design Review Board Resolution No. 308. 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 "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 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 4761 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: Darren M. Hamilton. Chris J. Hamilton, and Judith W. Hamilton 408 Pacific Avenue Solana Beach. CA 92075 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 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 10. SEVERABIUTY 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 PARTICIPANTS Property Owner (Sign Here) Darren M. Hamilton (Print Name/Title) Chris J. Hamilton (Print Name/Title) (Sign Here) Judith W. Hamilton (Print Name/Title) COMMISSION H ssion, a Attest: Raymond R. Patchett, Secretary to Comrtfiswiah. 'v'<^ *. WO **6Ly-y**»~*4r*—' (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 officers) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Jane Mobaldi, Assistant City Attorney 2/26/99 -tb 4763 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On before me, Date AJfr/v/cv/ JXpUgff Name and Title of Officer (e.g., "Jane De^lrToiaryPubJjS^ personally appeared Pfl.Vygir> (Y\. NANCY 4AQUAY CommiNlon*lM3584 Notary PuMc-CaMomia San Otogo County My Comm. Expires Nov 5.2 D personally known to me ytf 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. ial seal. Place Notary Seal Above ITNESS my hand and 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: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited II General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: I © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 3190 Roosevelt Street Assessor Parcel No.: 204-084-09 The subject property is more specifically described as: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lots 1, 2 and 3 in Block 40 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Maps thereof Nos. 535 and 775, filed in the office of the County Recorder of San Diego County, May 2,1888 and February 1,1894, respectively. 2/26/99 .7