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HomeMy WebLinkAboutRP 10-46; Bureck Capital LLC; 2011-0521142; Parking AgreementDOCtt 2011-0521142 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 OCT05,2011 122PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: (Space above for Recorder's Use) CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this £2. day ru /T/-". 201 1, by and between the CITY OF CARLSBAD, a municipalof corporation or the State of California ("City"), and Bureck Capital LLC,( "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 880 Carlsbad Village Drive (APN:203-354-16) in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Major Review Permit (RP#10-46), which provides conditional approval of Seaside Village Corner ("Project"). B. Condition No. 40 of Planning Commission Resolution No. 6794 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. RP 10-46 for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of nine (9) 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. RP 10-46 to satisfy a portion of the parking requirement of 34 spaces for the Project according to the requirements set forth in this Agreement. The program participant has provided 16 parking spaces on site and is required to enter into a shared parking agreement for the remaining 9 spaces per Condition No. 42 of Planning Commission Resolution No. 6794. 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. C A 5/12/2011 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 nine (9) on-site parking spaces for the Project covered by Major Review Permit No. RP 10-46 by reason of City Council approval of Major Review Permit No. RP 10-46, including Condition No. 40_listed in Planning Commission Resolution No._ (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of nine (9) parking spaces as established by the City Council, and, as required by Condition No. 40 of Planning Commission Resolution No.6794. 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 RP 10-46 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of nine (9) 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. 40 of Planning Commission Resolution No.6794. Such failure will allow the 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 attorneys' fees and expenses, 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. CA 5/12/2011 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: Bureck Capital, LLC 1923 Dentro de Lomas Bonsall, CA 92003 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 nine (9) 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 Exhibit 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. CA 5/12/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of fty\ On S.gS-ll Date personally appeared before me, (s) of Signer(s) . Christine N. Gonzalez 1 J Commission #1801318 £ /Notary Public - California g> -sKdpv San Di«go County \ JMv Commission Exp. June 12, 2012J who proved to me on the basis of satisfactory evidence to be the person(S^ whose name^BJ is/afe- subscribed to the within instrument and acknowledged to me that h^SSeVthey executed the same in hisflai&'their authorized capacity(tes), and that by his/jfi^r/their signature^ 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. Place Notary Seal and/or Stamp Above Signature: OPTIONAL Signature of NotarylPubllc Though the information below is not required by law, it may prove valuable to persons relyingtfn the docui and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Q-2£ ent\ . Number of Pages:. awf&n Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPHINTOF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. O2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876^827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On 9- £0 Date personally appeared before me,. Here Insert Name and Title oJT^ie Officer Name(s) of Signer(s) SHERRY A. FREISINGER Commission # 1923590 Notary Public - California San Diego County My Comm Expires Feb 25.201 ij| who proved to me on the basis of satisfactory evidence to be the person^f whose name(^f is/a/6 subscribed to the within instrument and acknowledged to me that he/s^/the^ executed the same in his/her/the^f authorized capacity(ie^), and that by his/h/r/the/f signature^) 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. Place Notary Seal Above WITNESS my he Signature: offipfal seal./ /J cv OPTIONAL z Signature of Notary Public Though the information below is not required by law, it may provp valuagletpspersons relying on the documea and could prevent fraudulent removal and reattachment of thisTorm 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(s) Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827)Item #5907 EXHIBIT A Address: 880 Carlsbad Village Drive Assessor Parcel No.: 203-354-16 LEGAL DESCRIPTION OF PROPERTY Lots 29, 30, 31 and 32, in block 56 of amended map of the town of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15,1894; and Excepting from said Lot 32, that portion thereof conveyed to the City of Carlsbad by deeds recorded October 2, 1990 as file nos. 90-538340 and 90-53841 both of official records of said San Diego County C A 5/12/2011