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HomeMy WebLinkAboutRP 05-10A; 3044 STATE STREET, LLC; 2011-0255613; Parking AgreementDQC ft 2011-0255613 RECORDING REQUESTED BY: City of Carlsbad WHFM RFrnRnpn MAII TDWHEN RtOOKUbUMAIL IU. Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 MAY 17, 2011 3:59 PM OFFICIAL RECORDS c SAN DIEGO COUNTY RECORDER'S OFFICEErnest J Dmnenburg Jr COUNTY RECORDER FEES: 33.00 /- *6 \) '\ \ (Space above for Recorder's Use) CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT of THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this 201 1 , by and between the CITY OF CARLSBAD, a municipal corporation of tne State of California (hereinafter referred to as "City"), and 3044 State Street LLC, (hereinafter referred to as "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", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Major Review Permit (RP 05-1 OA), which provides conditional approval of a mixed-use development consisting of nine (9) condominium units and 1 ,155 square feet of retail space ("Project"). B. Condition No. 28 of Planning Commission Resolution No. 6767 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Major Review Permit No. 05-1 0(A) for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of four (4) parking space(s) which in effect purchases a parking credit from the City of Carlsbad. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Major Review Permit No. 05-1 0(A) to satisfy a portion of the parking requirement for the 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. ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A 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 Project covered by Major Review Permit No. 05-1 0(A) by reason of City Council approval of Major Review Permit No. 4/13/11 05-10(A), including Condition No. 28 listed in Planning Commission Resolution No. 6767. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four (4) parking spaces as established by the City Council, and, as required by Condition No. 28 of Planning Commission Resolution No. 6767. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed 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 Review zone, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Council has approved Major Review Permit 05-10(A) 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. 28 of Planning Commission Resolution No. 6767. Such failure will allow the Council 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 Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carlsbad 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 expenses and attorneys' fees) 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. 4/13/11 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 Neighborhood Services Department Attn: Housing & Neighborhood Services Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE PROGRAM PARTICIPANT: 3044 State Street LLC 300 Carlsbad Village Dr. #108A 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 four (4) parking spaces for the 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 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. 4/13/11 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 3044 STATE STREET LLC By: By:. 1 (Sign Here) (Print Name/Title)IMitft? (Sign Here) (Print Name/Title) CITY OF CARLSBAD, a municipal corporation of the State of California (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. BALL, City Attorney BY: tobaldi, Assistant City Attorney 4/13/11 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On before me, personally appeared f^YY\ (HereSfisert name and title otlhe officer) who proved to me on the basis of satisfactory evidence to be the personf*) whose name(^ is/tore subscribed to the within instrument and acknowledged to me that hWshe/trtsy executed the same in ftis/her/fheit. authorized capacity(tes^ and that by rWher/tfibir^signaturefX) on the instrument the person^), or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \ Signature of Notary Public T (Notary S«l) MORGENFRY Commission # 1918442 Notary Public - California San Diego County MyComm. 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Box 2402 -Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 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. 4/13/11