HomeMy WebLinkAboutRP 01-04; Lakritz, Leor; 2005-1001315; Parking AgreementDOC # 2005-1 001 31 5
5 RECORDING REQUESTED BY:
I /L City of Carlsbad
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WHEN RECORDED MAIL TO:
Carlsbad Redevelopment Agency
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
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NOV 18,2005 9:15 AM
OFFICIAL RE CURDS
SAN DIEGU COUNT',' RECURDER'S DFFICE GREGURYJ SMITH COUNTY RECORDER FEES 0 00 FAG E S 7
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(Space above for Recorder's Use)
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT COMMISSION
PARTICIPATION AGREEMENT
PARKING IN-LIEU FEE PROGRAM
THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this d/&day
of && ,2005, by and between the CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and Leor
Lakritz, 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 2917 State Street
(APN: 203-293-10) 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 01-04), which provides conditional approval of a 6,172
square foot commercial (officeh-etail) building ("Project") on the subject property.
B. Condition No. 18 of approved Design Review Board Resolution No. 289 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. 289 provides that the Program Participant pay a Parking In-Lieu Fee for a total of
twenty-one (21) 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.
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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 twenty-one (21) on-site parking spaces for the land covered by Major
Redevelopment Permit No. 0 1-04 by reason of the Housing and Redevelopment Commission
approvals of Major Redevelopment Permit 01-04, including Condition No. listed in
Design Review Board Resolution No. m.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of twenty-one (21)
parking spaces as established by the Commission, and, as required by Condition No. 18 of
Design Review Board Resolution No. 289, 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 (21) 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 01-04 conditioned upon the Program Participant's payment of a
Parking In-Lieu Fee for a total of twenty-one (21) 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. of Design Review Board Resolution No. 289. 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.
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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:
Leor Lakritz
P.O. Box 1029
Tustin, CA 9278 1
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 twenty-one (21) 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.
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10. SEVERABILITY
In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any cow
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
OFL%9 /LRffL,
(Print Namemitle)
(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 officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
BY:
obaldi, Assistant City Attorney
2/26/99
.4 I1
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
personally appeared
0 personally known to me
ss.
(NOTARY) before me, IC
SIGNER(S)
- OR - Dproved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
&/are subscribed to the within instrument and
acknowledged to me that kef4ke/they executed
the same in -/their authorized
capacity(ies), and that by b+hs/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE(.?)
PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
OTHER
4 RIGHT THUMBPRINT 'EI
5 SIGNER -
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MA 5/99 VALLEY-SIERRA. 800-362-3369
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of JaaO h } ss.
On &ok 3!s 20 65 , before me,~~~\a>e~ .d
personally appeared
Name and Title of Officer (e g , "Jan6 Doe, Notary &IC") A, Led5
Name@) of Signer@)
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Place Notary Seal Above
personally known to me
proved to me on the basis of satisfactory
evidence
to be the persong) whose name@@ IaF4
subscribed to the within instrument and
acknowledged to me tha@&b&b+executed
the same in Qi4/k+&tk+~ ' authorized
capacityw, and that by CE'3HmHkeiF.
signature@ on the instrument the personM, or
the entity upon behalf of which the personM
acted. executed the instrument.
WITNESS my hand and official seal.
b
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:
Individual
0 Corporate Officer - Title(s):
0 Partner - Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing: -
0 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
7
ATTACHMENT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Address: 2917 State Street
Assessor Parcel No.: 203-293-10
The subject property is more specifically described as:
Lot 14 and a portion of Lot 13 in Block I of Carlsbad, in the City 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.
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