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HomeMy WebLinkAboutRP 94-07; Grain to Green Inc; 2007-0205752; Parking Agreement2007-0205752 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Redevelopment Agency Ann: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 MAR 27, 2007 2:04 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y j S MIT H, CO U N TY Fl E CO R D E R FEES noo FAGES: fi CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT 2007-0205752 of THIS PARTICIPATION AGREEMENT ("Agreement") is entered into thisc ., 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT j a Body corporate and politic, and Grain to Green, Inc, a California Limited Partnership, (hereinafter referred to as the "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of a business located at 571 Carlsbad Village Drive in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which was the subject of a Major Redevelopment Permit (RP 94-07) and Coastal Development Permit (94-08) approved by the Housing and Redevelopment Commission on March 28, 1995, which provides conditional approval of a restaurant and microbrewery at the subject location. B. Per conditions of approval of the noted project, the Program Participant agreed to enter into a public parking space lease agreement for the purposes of providing seven (7) additional parking opportunities for the approved restaurant and microbrewery. C. The Program Participant participated in the parking lease program from 1995 to 2006 and now desires to participate in the Parking In-Lieu Fee program. D. The Program Participant is permitted per the approved public parking lease agreement between the Housing and Redevelopment Commission and Grain to Green, executed on January 17, 2000, to participate in the Parking In-Lieu Fee Program for a total of seven (7) parking spaces, if approved by the Housing and Redevelopment Commission, and receive credit for the rent paid under the lease agreement in an amount up to, but not in excess of, such in-lieu fee. E. The Program Participant shall receive credit for $71,719.39 in lease payments and shall pay the remaining difference between those lease payments and the approved Parking In-Lieu Fee (per parking space) in effect at the time of execution of this agreement to satisfy in full its parking requirement for the subject Project according to the requirements set forth in this Agreement. 2/26/99 11776 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. AS TO SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEUFEE; (a) Performance under this Agreement satisfies the Program Participant's obligation for providing seven (7) on-site parking spaces for the land covered by Major Redevelopment Permit No. 94-07 and Coastal Development Permit 94-08. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of seven (7) parking spaces as established by the Housing and Redevelopment Commission, and receive credit for all parking lease payments made as of the date approved for participation in the Parking In- Lieu Fee Program. The fee shall be paid upon approval of this agreement. (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, and/or the provision of new, off-street public parking spaces within the Village Redevelopment Area of the City of Carlsbad. 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 of approval for Major Redevelopment Permit 94-07 and Coastal Development Permit No. 94-08. Such failure will allow the Housing and Redevelopment Commission to exercise any and all remedies available to it including but not limited to revocation of the major redevelopment and coastal development permits for the subject project and property. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the Housing and Redevelopment 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, 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. 2/26/99 11777 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: Grain to Green. Inc. (Pizza Port) P.O. Box 1697 Carlsbad. CA 92018 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 seven (7) 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 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. 2/26/99 11778 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 GRAIN TO GREEJL INC. HOUSING AND REDEVELOPMENT COMMISSK 'ommission, a body (Print Name/Titfe) . }^ \) JTV J^i~_j? s ' ^* V> •* " f\ ^Raymond R. Patchett, Secretary to Commissiqft/ \o '+ £ o / ESTABLISHED \% ^ = 11 1970 /jrf (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 officers) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL/]C%Attorney BY: Jane Mobaldi, Assistant City Attorney 2/26/99 11779 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 571 Carlsbad Village Drive Assessor Parcel No.: 203-306-02 The land referred to is situated in the County of San Diego, City of Carlsbad, State of California, and is described as follows: The northeasterly 80 feet of Lots 17,18 and 19 in Block 33, and all of Lots 20,21 and 22 in Block 33 of City of Carlsbad, County of San Diego, State of California, according to maps thereof No. 776 and 535, filed in the Office of the County Recorder of San Diego County, February 15, 1894 and May 2, 1888 respectively. 2/26/99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^g&@@s&@@s^ State of California County of ss. On >6C Dale personally appeared before me, f Grind u Notary P Pqbl'ttC IName and Title of Officer (e.g., "Jane Doe, Notary Public") lia RUiY JOHNSON Commission* 1701 MM Notary Public • Ccrflfornlo Son Dl«go County ie(s) of Signer(s) personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 9 of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document , i \CI-KI of 6xr\&bcui Title or Type of Document: Comyny^ife^ ftlvl<\nc; ^ - 1Document Date: ir\TC& . Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): 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^ 11780 ^^^&l^^^^^&^i&^^&&&^s^^^l^&^&^&^iy&^^y^s^^&Sl&&&^&^&&&&&&^&&&&&^&^^&^&&^^^ C 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnolary.org Prod. No. 5907 Reorder Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of OCLA O < £c>c ss. On.. \5.cDQOLp before personally appeared V\f\C£. nT\OjTSQ Name and Title of Officer (e.g., "Jane Doe,Public") RUBY JOHNSON CommiMlon* 1701J04 Notary Public - California San Diego County MKCofrfn.ExolmOct27.2CHO lame(s) of Slgner(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sig/ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Ci Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPHINT OF SIGNER Top of thumb here Signer Is Representing:, 11781 1 I I I i I *5^^e?5§$^S£®e©G^ss^^ (6 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1 -800-876-6827 11783 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^fty> UttQQ ss. tQ OnOontJarU ,Jat . before me, personally appeared A. Name and Title of Officer (e.g. fdm.ftfflfara-roA/ig. . g., "JaneTDoe, Notary Public") CommMon* 15*9631 Notary Pubfc - Colfomka San Diego County My ComraEiqplres Dec 3012006 Name(s) of Signer(s) M personally known to me D proved to me on the basis of satisfactory evidence to be the person(s}- whose name(s) dsface subscribed to the within instrument and acknowledged to me thateSeflBhc/tliey executed the same in <^Tijgy her/their authorized capacity(ies), and that by ^tjTpter/thcir- signature^ on the instrument the person(s), or the entity upon behalf of which the person^sf acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of "Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form 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 Signer's Name: D Individual D Corporate Officer — Title(s): 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:. © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827