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Home My WebLink AboutRP 92-10A; Butler Properties, LLC; 2016-0071094; Parking AgreementRECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2016-0071 094 II IIIII IIIII 1111111111111111111111111111111111111111111111111111111111 Feb 18, 2016 04:35 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 7 Space above this line for Recorder's use Assessor's Parcel Number 203-296-07-00 -------------------------Project Number and Name RP 92-10(A)/CDP 92-08(A)- CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT Bluewater Grill THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this e-tVl day of F-doc\-\.~v-~ , 2016, by and between the CITY OF CARLSBAD, a municipal corporation of the State of liforn1a ("C1ty"), and Butler Properties, LLC, ("Program Part1c1pant"), 1s made w1th reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 417 Carlsbad Village Drive (APN: 203-296-07-00) 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 a Major Review Permit Amendment and Coastal Development Permit Amendment (RP 92-10(A)/CDP 92-0S(A)), which provides conditional approval to allow the expansion of an existing restaurant and participation in the Parking In-Lieu Fee Program for twenty-one (21) parking spaces to satisfy the on-site parking requirements ("Project"). B. Condition No.19 of Planning Commission Resolution 7135 for RP 92-10(A)/CDP 92-0S(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 Major Review Permit Amendment No. RP 92-10(A) and Coastal Development Permit Amendment COP 92-0S(A) for the Project, and provides that the Program Participant pay a Parking In-Lieu Fee for a total of twenty-one (21) parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Major Review Permit Amendment No. RP 92-10(A) and Coastal Development Permit Amendment No. COP 92-0S(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: 203-296-07-00 PROJECT NO. & NUMBER: RP 92-10(A)/CDP 92-0B(A)-Bluewater Grill 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 twenty-one (21) on-site parking spaces for the Project covered by Major Review Permit Amendment No. RP 92-10(A) and Coastal Development Permit Amendment No. CDP 92-0S(A) by reason of City Council approval of Major Review Permit Amendment No. RP 92-1 O(A) and Coastal Development Permit Amendment No. CDP 92-0B(A), including Condition No. 191isted in Planning Commission Resolution No. 7135 dated December 16, 2015. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of twenty-one (21} parking spaces as established by the City Council, and, as required by Condition No. 19 of Planning Commission Resolution No. 7135 for RP 92-10(A)/CDP 92-0B(A) dated December 16, 2015. 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 Major Review Permit Amendment RP 92-1 O(A) and Coastal Development Permit Amendment No. CDP 92-0B(A) 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. 19 of Planning Commission Resolution for RP 92-10(A)/CDP 92-0B(A) dated December 16, 2015. 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: 203-296-07-00 PROJECT NO. & NUMBER: RP 92-1 O(A)/CDP 92-08(A) -Bluewater Grill 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: Butler Properties, LLC PO Box4050 Newport Beach. CA 92661 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 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 Address: 417 Carlsbad Village Drive Assessor Parcel No.: 203-296-07-00 APN: 203-296-07-00 PROJECT NO. & NUMBER: RP 92-10(A)/CDP 92-08(A)-Bluewater Grill EXHIBIT A lEQAl DESCRIPTION Of PftOPERTY lot 1 of Subdivision of a portion of Tract 106 of Carlsbad lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No" 1710, filed;~ the Office of the County Recorder of said San Diego County, December 9, 1919. Also, a rectangular strip of land one foot wide and seventy-two feet long, being a portion of the Westerly side of lot 2 of Subdivision of a portion of Tract 106 of Carlsbad lands, according to Map thereof No. 1110, filed in the Office of the County Recorder of San Diego County, December 9, 1919, more particularly described as follows: Beginning at the intersection of the Easterly line of lot 1 of said Subdivision with the Southerly line of Elm Street (also known as State Highway) and running along said Easterly line of said lot 1 in a Southerly direction, 72 feet; thence at right angles in an Easterly direction, 1 foot; thence at right angles in a Northerly direction and parallel with said Easterly line of said lot 1 to an intersection with said Southerly line of said Elm Street (also known as State Highway); thence in a Westerly direction along the Southerly line of said Elm Street to the Point of Beginning 5 CA 11/5/2014