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Home My WebLink AboutRP 02-02; Jessee, W. Kent; 2004-0586678; Parking AgreementDOC # 2004-058667 JUN 23, 2004 4:25 PPI RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: OFFICIFlL RECORDS SflN DIEGO COUNTY RECORDER'S OFFICE GWGOHY J. SMITH9 COUMY RECCIRDER FEES: 0.00 Carlsbad Redevelopment Agency 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARTICIPATION AGREEMENT PARKING IN-LIEU FEE PROGRAM w THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this /7 day of r- J- , 2004, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and W. Kent Jessee, 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 2815 Jefferson Street (A€": 203-110-29) 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 02-02), which provides conditional approval of a 10,490 square foot professional office building ("Project") on the subject property. B. Condition No. 19 of approved Design Review Board Resolution No. 291 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. 291 provides that the Program Participant pay a Parking In-Lieu Fee for a total of four (4) 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. 7 2/26/99 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 four (4) on-site parking spaces for the land covered by Major Redevelopment Permit No. 02-02 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 02-02, including Condition No. 19 listed in Design Review Board Resolution No. 291. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four (4) parking spaces as established by the Commission, and, as required by Condition No. 19 of Design Review Board Resolution No. 291, 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 (4) to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parlung 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 02-02 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of four (4) 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. 19 of Design Review Board Resolution No. 291. 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 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: W. Kent Jessee 2075 Corte Del Noeal Carlsbad, CA 92009 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 four (4) 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. 4~ 2/26/99 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 PARTICIPANT Property Owner (Pri'nt Namemitle) By: (Sign Here) (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: RONALD R. B BY: 2/26/99 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 28 15 Jefferson Street Assessor Parcel No.: 203-1 10-29 The subject property is more specifically described as: Parcel 1: The southwesterly 50.00 feet of the northwesterly 241 feet of Lot 48 of the Seasides Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921; except the southwesterly 120 feet. Parcel 2: The southwesterly 15.0 feet of the northwesterly 151.0 feet of Lot 48 of the Seasides Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921; except the southwesterly 120 feet. ... L CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof 5~tJ D~E~C) } ss. , before m&dG Mf3 TAObL15- UOrAm @ Name and Title of Officer (e g Jane Doe Notary Publlc ) On Date personally appeared u. kEld-rJ=SEE Narne(s) of Signer@) C personally known to me evidence xproved to me on the basis of satisfactory to be the person$ whose name&&re subscribed to t within instru ent and the same acknowledged to me capacity(&, signatureHon the the entity upon behalf of which the personw acted, executed the instrument. PMTNESS mv hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIOkdL 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. Title or Type of Document: Document Date: 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 1999 National Notary Association * 9350 De Solo Ave , P.O. Box 2402 * Chalsworth, CA 91313-2402 * wwwnatlonalnotary.org