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Home My WebLink AboutRP 92-10; Butler Properties LLC; 2002-0133795; Parking AgreementDOC # 2002-0133795 RECORDING REQUESTED BY: City of Carlsbad FEB 15s 2002 10241 &Pi m: 28.00 WHEN RECORDED MAL TO RECORDS MANAGEMEW DEP- Cadsbad, CA 92008 1200 Cadsbad Village Drive r (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARTICIPATION AGREEMENT PARKING IN-LIEU F%E PROGRAM of JANUARY 2002 , by and between the CARLSBAD HOUSING AND REDEVELOPMENT THIS PARTICPATION AGREEMENT ("Agreement") is entered into this 28th day COMMISSION, a municipal corporation (hereinafter referred to as the "Commission"), and BUTLER PROPERTIES, LLC., a limited liability company, (hereinafter referred to as the "Program Participant"), is made with reference to the following: RECITALS Drive (APN: 203-296-07) in the City of Carlsbad, County of San Diego, State of California, described in A. Program Participant is the owner of certain real property located at 417 Carlsbad Village "Attachment A, which is attached hereto and incorporated herein by this reference, and which is the subject of a Major Redevelopment Permit (RP 92-10) and Coastal Development Permit (CDP 92-08), which provided approval of a 3,346 square foot restaurant ("Project") on the subject property. B. The project was conditioned to require the Program Participant to provide twenty-six (26) parking spaces by constructing a ten (10) space parking lot on the site, five (5) spaces on the adjacent public parking lot (known as Baumgartner lot) from the Carlsbad Redevelopment Agency on a adjacent public parking lot within the railroad right-of-way, and to sublease eleven (11) spaces on the monthly basis. C. The Public Parking Sublease Agreement between the Housing and Redevelopment Commission and Fish House Foods, Inc.(tenant) was approved on December 14, 1993, and the Program Participant began making the lease payments as of January 20, 1994. D. The Public Parking Sublease Agreement had a five year term which expired in December, 1998 and requires renewal, or satisfaction of the required eleven (11) parking spaces through an alternate means, in order for Butler Properties, LLC. to continue operations of the subject restaurant. 1 1 /8/01 f -7 t in the recently established Parking In-Lieu Fee Program to satisfy the eleven (1 1) space parking E. Butler Properties, LLC. has requested, and the subject property is eligible, to participate requirement which was the subject of the recently expired Public Parking Sublease Agreement. The project is consistent with the goals and objectives of the Village Master Plan and Design Manual, and the use is consistent with the land use district in which the property is located. F. The Parking In-Lieu Fee Program is currently in effect based on the Housing and Redevelopment Commission’s finding that there is adequate public parking available within the Village to accommodate the parking demand for the subject project, and the fee has been established for the program. 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. SATISFACTION OF ON-SITE PARKING REOUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant’s obligation for providing a maximum of eleven (1 1) on-site parking spaces for the land covered by Major Redevelopment Permit No. 92-10 (RP 92-10) and Coastal Development Permit 92-08 (CDP 92-08), and upon full payment of the parking in-lieu fee releases Program Participant from the requirement to lease public parking spaces from the Carlsbad Redevelopment Agency on a monthly basis as set forth within RP 92-10 and CDP 92-08. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of eleven (1 1) parking spaces as approved by the Commission through execution of this Agreement. The total one time fee shall be paid in full by the Program Participant within no later than sixty (60) days of approval of this Agreement by the Housing and Redevelopment Commission. The fee shall be the sum total of the fee calculated by the Housing and Redevelopment Director by multiplying the current parking in-lieu fee ($11.240 as of 1/28/2000) per parking spaces needed (1 1 total) and then subtracting the total parking sublease payments made from July 1, 1999 to date by the Program Participant to the Carlsbad Redevelopment Agency. (c) The Program Participant shall have no right to designated parking 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, andor the provision of new, off-street public parking spaces within the Village Redevelopment Area of the City of Carlsbad. In exchange for participation in the subject program the Commission agrees to allow RP 92-10 and CDP 92-08 to remain in full force and effect. 1 1 /8/01 i 3 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 the conditions set forth in RP 92-10 and CDP 92-08, and will require the Program Participant to continue monthly parking sublease payments to the Carlsbad Redevelopment Agency until an alternate plan is submitted and approved for satisfaction of the project's parking requirements. Such failure will allow the Commission andor City to exercise any and all remedies available to it including but not limited to legal action requiring the Program Participant to cease restaurant operations on the subject 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, actions, obtained, allegedly caused by, arising out of or retaining 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. 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: Ron Butler, President Butler Properties, LLC. 3285 Corporate VW Vista, Ca. 92083-8528 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. 1 1 /8/01 9 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 eleven (1 1) 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 Property 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, 1 1 /8/01 rn 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 fol 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 PARTICPANT Butler Properties, LLC., Property Owner By: Ron Butler. OwnerPresident re, By: . (Sign Here) Re< Du 44 J ht Prcs,Jd R&mond R. Patchett, Secretary to Commission ! {Print Namenitle) (Proper notarial acknowledgment of execution by Program Participant must be attached) treasurer must sign for corporations. Otherwise, the corporation must attach a resolution Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RoN?21=-G ALL, City Attorney BY: Depatp.City Attorney /- A 3 --L- 1 1/8/01 il ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 417 Carlsbad Village Drive Assessor Parcel No.: 203-296-07 The subject property is more specifically described as: 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 Map thereof No. 1710, filed in the Oftice of the County Recorder of 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. 1710, 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 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. CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT State of California 6nck.L. AI&,, &h\ic, Name and Tllls of Omcsr (e.g., 'Jane Doe, Notary Publit') Name(s) of Signer($ rproved to me on the basis of satisfactory 0 personally known to me evidence to be the person@ whose name(@ @afe subscribed to the within instrument and the same in authorized acknowledged to me thaw executed capacity-), and that by @heMteir signature(&) on the instrument the person@, or the entity upon behalf of which the personEg) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: -LtcA fcD Document Date: Number of Pages: ' Capacity(ies) Claimed by Signer Signer's Name: 0 Individual @ Corporate Officer - Title(s): /)I,> 0 Partner - 0 Limited 0 General ~~ ,?Lb fdcd 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National NotaryAsSociafion~ 9350 Oe SotoAve.. PO. Box 2402. Chatsworlh. CA 91313-2402 Prod. NO. 5907 Reorder Call Toll-Free 1-800~876~6827 State of California 1 pproved to me on the basis of satisfactory 0 personally known to me evidence to be the personw) whose name@) @a+ subscribed to the within instrument and acknowledged to me that@BLEkeCtkey executed the same in @&Uwd&eir authorized capacityo, and that by mherfh4r CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT Document Date: Number of Pages: 6 Signerw Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual Signer's Name: &Corporate Officer - Title@): & 0 Partner - 0 Limited General e 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 5 Other: Signer Is Representing: I