HomeMy WebLinkAbout2000-01-25; Housing & Redevelopment Commission; 318; Escrow Transfers - 2928 Jefferson Street4B# 3rr/ TITLE- --
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PARKING IN-LIEU FEE PROGRAM PARTICIPATION
AGREEMENT FOR 2928 JEFFERSON STREET (ESCROW
TRANSFERS1
DEPT. H/RED I
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HOUSING AND REDEVELOPMENT COMMlSacjiN - AGENDA BILL /iw
MGR.%$ CITY
RECOMMENDED ACTION:
ADOPT Housing and Redevelopment Commission Resolution No. 3w approving a Parking
In-Lieu Fee Program Participation Agreement between the Commission and Lyndie M. Meissner,
property owner, for the project known as Escrow Transfers at 2928 Jefferson Street.
ITEM EXPLANATION:
On June 8, 1999, the Housing and Redevelopment Commission approved Resolution No. 309
authorizing implementation of the parking programs as set forth by staff in the Parking in the Carisbad
Village Redevelopment Area Report, including the Village Parking In-Lieu Fee Program. The fee of
$11,240 per parking space for participation in the Village Parking In-Lieu Fee Program was established
by the Commission on June 8, 1999. With the Commission’s determination on June 8, 1999 that there
is adequate public parking to accommodate additional private development, and by setting the fee for
the program, the Village Parking In-Lieu Fee Program became fully effective as of June 8, 1999.
Subsequently, on August 17, 1999, the Commission took action to amend the participation
requirements for the Parking In-Lieu Fee Program to allow for greater participation for properties
located immediately adjacent to a public street where the centerline of the street is within the 600 foot
radius of an existing public parking facility.
On December 7, 1999, the Housing and Redevelopment Commission approved Major Redevelopment
Permit No. 99-04. The project approved by the subject redevelopment permit is known as Escrow
Transfers and represents a 7200 square foot commercial office building to be located at 2928 Jefferson
Street in the Village Redevelopment Area. As part of the project approval, the Commission approved
participation in the Village Parking In-Lieu Fee Program to allow the project to meet a maximum of fifty
percent (50%) of its parking requirement, or twelve (12) parking spaces total. Condition No. 17 of the
approving resolution requires the property owner to enter into a Parking In-Lieu Fee Participation
Agreement with the Housing and Redevelopment Commission, and to pay the established Parking In-
Lieu Fee for twelve (12) parking spaces prior to the issuance of the building permit for the Project. The
fee required to be paid is the sum total of the fee per parking space in effect at the time of building
permit issuance times the number of parking spaces needed to satisfy the project’s parking
requirement. At this time, the fee is $11,240 per parking space. With a requirement to pay the fee for
twelve (12) spaces total, the property will be obligated to pay a total of $134,880 at this time.
The attached Parking In-Lieu Fee Participation Agreement has been executed by the property owner
and is now presented for review and action by the Housing and Redevelopment Commission.
Staff Recommendation
Staff is recommending that the Housing and Redevelopment Commission approve the attached
Parking In-Lieu Fee Participation Agreement which will allow the property owner at 2928 Jefferson
Street to pay a fee to satisfy a portion of the parking requirements for the previously approved 7200
square foot commercial office building currently known as Escrow Transfers
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FISCAL IMPACT:
The current Village Parking In-Lieu Fee is $11,240 per required parking space to be provided off-site.
With a requirement to pay for twelve (12) parking spaces, the total revenue to the Carlsbad
Redevelopment Agency Parking Fund will be $134,880.
EXHIBITS:
1. Housing and Redevelopment Commission Resolution No. .%O approving a Parking In-Lieu Fee
Participation Agreement between the Commission and Lyndie Meissner, property owner at 2928
Jefferson Street in the Village Redevelopment Area.
2. Parking In-Lieu Fee Participation Agreement between the Commission and Lyndie Meissner,
property owner.
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1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.2
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A PARKING IN-
LIEU FEE PROGRAM PARTICIPATION AGREEMENT BETWEEN THE
COMMISSION AND LYNDIE M. MEISSNER, PROPERTY OWNER, FOR THE
PROJECT KNOWN AS ESCROW TRANSFERS AT 2928 JEFFERSON STREET,
APN:203-354-05, IN THE VILLAGE REDEVELOPMENT AREA.
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WHEREAS, on December 7, 1999, the Housing and Redevelopment Commission
approved a Major Redevelopment Permit (No. 99-04) to allow Lyndie M. Meissner, Property
’ Owner/Developer, to construct a 7200 square foot oflice building on property located at 2928
9 Jefferson Street (Assessor Parcel # 203-354-05) within the Village Redevelopment Area of the
lo City of Carlsbad; and
11 WHEREAS, as a condition of approval of Major Redevelopment Permit 99-04, the
12 Commission and Property Owner/Developer agreed to enter into an agreement to allow the
13 Property Owner/Developer to participate in the Village Redevelopment Parking In-Lieu Fee
14 Program to satisfy a portion of the on-site parking requirement for the subject project; and
15 WHEREAS, the Property Owner/Developer has agreed, by acceptance of the project
l6 conditions of approval, to pay the established Parking In-Lieu Fee for a total of twelve (12)
17 parking spaces to satisfy fifty percent (50%) of the on-site parking requirement for the approved
18 office project located at 2928 Jefferson Street within the Village Redevelopment Area of the City;
and 19
20
WHEREAS, the Commission finds that the subject property and project has qualified to
participate in the Carlsbad Redevelopment Agency’s Parking In-Lieu Fee Program and
21 participation in the program will satisfy a maximum of 50% of the parking requirements for the
22 subject office project on the noted property at 2928 Jefferson Street; and
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WHEREAS, the Commission has previously determined that the proposed project is
consistent with the goals and objectives of the Village Master Plan and Design Manual; and
25 WHEREAS, the Commission has previously determined that there is adequate public
26 parking available within the Village Redevelopment Area to accommodate a portion of the
27 subject project’s parking demands; and
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2 WHEREAS, the Parking In-Lieu Fee Program is in Ml force and effect as of the date of
3 this Parking In-Lieu Fee Participation Agreement.
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
5 Redevelopment Commission of the City of Carlsbad as follows:
1. The above recitations are true and correct. 6
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2. That the Housing and Redevelopment Commission hereby approves the Village
Parking In-Lieu Fee Participation Agreement between the Commission, on behalf of
the Carlsbad Redevelopment Agency, and Lyndie M. Meissner, property owner and
developer of the project known as Escrow Transfers which is to be constructed at 2928
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Jefferson Street, in the Village Redevelopment Area of the City of Carlsbad.
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3. That the Chairperson of the Housing and Redevelopment Commission is hereby
authorized to execute said Agreement, and the City Clerk is requested to forward the
executed Agreement to the County Recorder for recordation against the subject
14 property.
15 PASSED, APPROVED AND ADOPTED at a Special meeting of the Housing
16 and Redevelopment Commission of the City of Carlsbad, on the 25th day of January ,
I7 2000 by the following vote, to wit:
18 AYES: Commissioners Lewis, Hall, Finnila, Nygaard and Kulchin
19 II NOES: None
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ABSENT: None
ABSTAIN: None
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2:
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ATTEST:
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DOE i 2000-0088872
FEE 22s 2000 4:28 PM
RECORDING REQUESTED BY:
City of Carlsbad
OFFICIAL RECORDS SAN DIEGO COUNTY RECNDER’S OFFICE
WHEN RECORDED MAIL TO:
Carlsbad Redevelopment Agency
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
ml
GREGW &llITH, ~YRECORDER
: .
(Space above for Recorder’s Use)
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION
PARKING IN-LIEU FEE PROGRAM
PARTICIPATION AGREEMENT
THIS PARTICIPATION AGREEMENT (“Agreement”) is entered into this 16th day
of February ,2000, by and between the CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION, a municipal corporation (hereinafter referred to as the “Commission”), and LYNDIE M.
MEISSNER, (a.k.a. Linda M. Meissner) property owner and sole proprietor, (hereinafter referred to as
the “Program Participant”), is made with reference to the following:
RECITALS
Program Participant is the owner of certain real property located at 2928 Jefferson Street
(APN: 2Ao;-354-0s) 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 is the
subject of a Major Redevelopment Permit (RP 99-04), which provides conditional approval of a 7200
square foot professional office building (“Project”) on the subject property.
B. Condition No. cof approved Design Review Board Resolution No. JJQ states that this
Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and
the Program Participant as a means of satisfying a maximum of fifty percent (50%) of the Program
Participant’s parking requirement for the subject Project. Design Review Board Resolution No. 270
provides that the Program Participant pay a Parking In-Lieu Fee for a total of twelve (12) parking spaces
which in effect represents a purchase of parking credits from the Carlsbad Redevelopment Agency. The
Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect at the time
of building permit issuance to satisfy a portion of the parking requirement for the subject Project
according to the requirements set forth in this Agreement.
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.
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7122
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 fifty percent (50%), or twelve (12), on-site parking spaces for the
land covered by Major Redevelopment Permit No. 99-04 by reason of the Housing and
Redevelopment Commission approvals of Major Redevelopment Permit 99-04, including
Condition No. 11 listed in Design Review Board Resolution No. 270.
(b) The Program Participant shall pay the Parking In-Lieu Fee for a total of twelve (12) parking
spaces as established by the Commission, and, as required by Condition No. 17 of Design
Review Board Resolution No. J7J , the fee shall be paid prior to the Program Participant
receiving a building permit for the subject Project. The fee shall be the sum total of the fee
per parking spaces needed (12) to satis@ 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 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. In exchange for participation in the
subject program, the Commission has approved Major Redevelopment Permit 99-04 which
allows the Program Participant to pay a Parking In-Lieu Fee for a total of twelve (12)
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. 17 of Design Review Board Resolution No. 270. Such
failure will allow the Commission and/or City to exercise any and all remedies available to it including
but not limited to withholding the issuance of building permits for the subject project and 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.
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5. NOTICES 7123
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:
Lyndie Meissner
2928 Jefferson Street
Carlsbad, California 92008
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 twelve (12) 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,
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9. SEVERABILITY 7124
In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any co
of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force
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 COMMISSION
issner, Property Owner
(Print Name/Title)
(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 officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R.
BY: 11-r.
Deputy dity Attorney
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ATTACHMENT A 7125
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Address: 2928 Jefferson Street
Assessor Parcel No.: 203-354-05
The subject property is more specifically described as:
Lots 12 and 13, in Block 56 of Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 775, filed in the Offtce of the County Recorder of San Diego
County, February 15,1894.
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+‘I AMQJ 7126
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO }ss.
1
Ofl I VD - - Jodi K Schmaltz , before Fe, 1
personally appeared /n&s /+ ti.m
J
-@f proved to me on the basis of satisfactory evidence) to be the personti whose name-
subscribed to the within instrument and acknowledged to me that xecuted the same
int&@j&b& authorized capacity($), and that by @ttEPsignature/;S) on the instrument the
person(;bf or the entity upon behalf of which the person$ acted, executed the instrument.
NOTARY PUBLIC. CALIFORNIA
(This area lor official notarlal seal)
Title of Document
Date of Document I--/ L 1 t
Other signatures not acknowledged
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3008 (li94 (General’