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HomeMy WebLinkAboutRP 15-02A; Lakritz Family Partnership; 2016-0144968; Parking AgreementRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2016-0144968 lllllllllll\lllllllllllllllllllllllllllllllllllllllllllllll\ll\1111111 Mar 30, 2016 04:01 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $30.00 PAGES: 6 Space above this line for Recorder's use As.sessor's Parcel Number 203-293-04-00 ----~~~~--~~~~~-Project Number and Name RP 15-02(A)/CDP 15-02(A) - CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT Barrel Republic THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this .2,.3Ytl day of M~dtt , 2016, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and Lakritz Family Partnership, LP, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 2957-2965 State Street (APN: 203-293-04-00) 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 an Administrative Review Permit Amendment and Administrative Coastal Development Permit Amendment (RP15-02(A)/CDP 15-02(A)), which provides conditionai approval allow the expansion of an approved restaurant space by · converting adjacent retail and storage space to restaurant, and participation in the Parking In-Lieu Fee Program for five (5) parking spaces to satisfy the on-site parking requirements ("Project"). B. Condition No. 8 of City Planner administrative approval letter for RP 15-02(A)/CDP 15-02(A) states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Administrative Review Permit Amendment No. RP 15-02(A) and Administrative Coastal Development Permit Amendment COP 15-02(A) for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of five (5) parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Administrative Review Permit Amendment No. RP 15-02(A) and Administrative Coastal Development Permit Amendment No. COP 15-02(A) to satisfy a portion of the parking requirement for the Project according to the requirements set forth in this Agreement. 1 CA 11/5/2014 APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A)-Barrel Republic 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 five {5} on-site parking spaces for the Project covered by Administrative Review Permit Amendment No. RP 15-02{A} and Administrative Coastal Development Permit Amendment No. COP 15-02{A} by reason of City Council approval of Administrative Review Permit Amendment No. RP 15-02{A} and Administrative Coastal Development Permit Amendment No. COP 15-02{A}, including Condition No. 8 listed in the City Planner approval letter dated March 3, 2016. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total offive (5} parking spaces as established by the City Council, and, as required by Condition No. 8 of the City Planner approval letter for RP 15-02(A}/CDP 15-02{A} dated March 3, 2016. 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 Planner has approved Administrative Review Permit Amendment RP 15-02(A} and Administrative Coastal Development Permit Amendment No. COP 15-02(A) conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of five (5) 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. 8 of the City Planner approval letter for RP 15-02(A)/CDP 15-02(A} dated March 3, 2016. 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 "lndemnitees"), 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 lndemnitees, and any of them with respect thereto. 2 CA 11/5/2014 APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A)-Barrel Republic 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: Community & Economic Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: Lakritz Family Partnership, LP 8502 E. Chapman Avenue #614 Orange, CA 92869-2461 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 five (5) 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. 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. 3 CA 11/5/2014 APN: 203-293-04-00 PROJECT NO< & NAME: RP 15-02(A)/CDP 15-02(A) -<Barrel Republic IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. {Print Namerntle) Dated: ________ _ (Chairman, president or vice-president and secretmy, 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 office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) APPROVED AS TO FORM: Ceiia A. Brewer, City Attorney By Cfsf-~'-~ .( ssistant City ey Dated: --~-~~-)~_4 _ _,_}_1 fo ___ _ 4 CA 11/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Occtn()g_ ) On (\1'\ctrc\-.. "1) 2.-0\lo beforeme, A\e'Xwt1~Ncrh~A1~ J(..;-,£1 Nob•f Pu.i!t·c, Date Here Insert Name and Title of the Officer personally appeared _____ L=-e'-o_'' ·_l __ L_G:::_~ K_r:_r-=--tc-""----------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t~person~ whose name)J ~/ax_e subscribed to the within instrument and ackno~ged_.ttoo r me that~~executed the samEfin ~~authorized capacity~and that by~signatu~n the instrument the perso~ or tfie entity upon behalf of which the perso~actea, 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. ALEXANDER NORBERTO RUIZ Commission # 2092064 WITNESS my hand and official seal. ~ Notary Public • California ~ z . Orange County ~ l ~··: ·.· .. Ml ~ovn; &x~r:,s pe; ¥-J~1al Place Notary Sea/ Above -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter a!teraf:ion of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: Y01.'f.' · L' ;')n:l!C~ll Number of Pages: 5 Signer(s) ther Than Capacity(ies) Claimed by Signer(~) .. Signer's Name: Leo"(' LttKc, le D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other:--------------Signer Is Representing: _________ _ Document Date: 03 J 0 g J I b ~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Address: 2957-2965 State Street Assessor Parcel No.: 203-293-04-00 APN: 203-293-04-00 PROJECT NO. & NAME: RP 15-02(A)/CDP 15-02(A)-Barrel Republic EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lots 7 thru 9 of Block I, of the Amended Map of the Town of Carlsbad, in the City 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. 5 CA 11/5/2014 March 24,2016 County Clerk/County Recorder PO Box 121750 San Diego, CA 92112-1750 SUBJECT: Request to Record Document Participation Agreement Barrel Republic City of Carlsbad Please record the enclosed original of the above referenced document and return it to the City of Carlsbad City Clerk's Office. Recording fees are to be charged to the City in accordance with the standard letter agreement with the County Recorder's Office. ·ola Medina Deputy City Clerk City Clerk's Office Enclosures City Clerk's Office City Hall1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2917 t