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HomeMy WebLinkAbout2004-06-15; Housing & Redevelopment Commission; 367; Kent Jesse office building parking in-lieu feeHOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL iB# 367 JITG. 6-15-04 TITLE: DEPT. HD. PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT FOR 2815 JEFFERSON STREET - KENT - JESSE OFFICE BUILDING IEPT. HlRED RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No. 386 I APPROVING a Parking In-Lieu Fee Program Participation Agreement between the Commission and W. Kent Jessee and Associates, property owner, for the project known as the Kent Jesse Office Building at 281 5 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 Carlsbad Village Redevelopment Area Report, including the Village Parking In-Lieu Fee Program. The fee of $1 1,240 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 April 1 , 2003, the Housing and Redevelopment Commission approved Major Redevelopment Permit No. 02-02. The project approved by the subject redevelopment permit is known as the Kent Jessee Office Building and represents a 10,490 square foot commercial office building to be located at 2815 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 portion of its parking requirement totaling four (4) parking spaces. Condition No. 19 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 four (4) 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 four (4) spaces total, the property will be obligated to pay a total of $44,960 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 recommendina that the Housing and Redevelopment Commission approve the attached Parking In-Lieu Fee Participacon Agreement which will allow the property owner at 2815 Jefferson Street to pay a fee to satisfy a portion of the parking requirements for the previously approved 10,490 square foot commercial office building currently known as the Kent Jessee Office Building. AB #367 FISCAL IMPACT The current Village Parking In-Lieu Fee is $1 1,240 per required parking space to be provided off-site. With a requirement to pay for four (4) parking spaces, the total revenue to the Carlsbad Redevelopment Agency Parking Fund will be $44,960. EXH IBlTS 1. Housing and Redevelopment Commission Resolution No. 386 , APPROVING a ‘Parking In-Lieu Fee Participation Agreement between the Commission and W. Kent Jessee and Associates, property owner at 281 5 Jefferson Street in the Village Redevelopment Area. 2. Parking In-Lieu Fee Participation Agreement between the Commission and W. Kent Jessee and Associates. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 386 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA PARTICIPATION AGREEMENT BETWEEN THE COMMISSION AND W. KENT JESSEE AND ASSOCIATES, PROPERTY OWNER, FOR THE PROJECT KNOWN AS THE KENT JESSEE BUILDING REDEVELOPMENT AREA. APPLICANT: KENT JESSEE OFFICE BUILDING APPROVING A PARKING IN-LIEU FEE PROGRAM AT 2815 JEFFERSON STREET, APN: 203-110-29, IN THE VILLAGE CASE NO: RP 02-02 WHEREAS, on February 24,2003, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 02-02) for the construction of a 10,490 square foot office building on property located at 28 15 Jefferson Street, and adopted Design Review Board Resolution No. 291 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 02-02) be approved; and WHEREAS, on April 1, 2003, the Housing and Redevelopment Commission approved a Major Redevelopment Permit (No. 02-02) to allow W. Kent Jessee and Associates, Property OwnerDeveloper, to construct a 10,490 square foot commercial office building on property located at 2815 Jefferson Street (Assessor Parcel # 203-110-29) within the Village Redevelopment Area of the City of Carlsbad; and WHEREAS, as a condition of approval of Major Redevelopment Permit 02-02, the Commission and Property OwnerDeveloper agreed to enter into an agreement to allow the Property OwnerDeveloper to participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on-site parking requirement for the subject project; and HRC RES0 NO. PAGE 1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Property Owner/Developer has agreed, by acceptance of the project 2onditions of approval, to pay the established Parking In-Lieu Fee for a total of four (4) parking spaces to satisfy a portion of the on-site parking requirement for the approved office project located at 28 15 Jefferson Street within the Village Redevelopment Area of the City; and 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 participation in the program will satisfy a maximum of four (4) of the required parking spaces for the subject office project on the noted property at 2815 Jefferson Street; and 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 WHEREAS, the Commission has previously determined that there is adequate public parking available within the Village Redevelopment Area to accommodate a portion of the subject project’s parking demands; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 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 W. Kent Jessee and Associates, property owner and developer of the project known as the Kent Jessee Office Building which HRC RES0 NO. 386 PAGE 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is to be constructed at 28 15 Jefferson Street, in the Village Redevelopment Area of the City of Carlsbad. 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 property. PASSED, APPROVED, AND ADOPTED at a meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 15th dayof June , 2004 by the following vote to wit: AYES: NOES: None Commissioners Lewis, Finnila, Kulchin, Hall and Packard ABSENT: None ABSTAIN: None CLAUDE L. LEWIS, CHAIRMAN ATTEST: RAYMOND R. PATCHETT, SECRETARY HRC RES0 NO. 386 PAGE 3 EXHIBIT 2 Parking In-Lieu Fee Participation Agreement between the Housing and Redevelopment Commission and W. Kent Jessee DOC # 2004-058667 JUN 23, 2004 4:25 PPI RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: OFFICIFlL RECORDS SflN DIEGO COUNTY RECORDER'S OFFICE GWGOHY J. SMITH9 COUMY RECCIRDER FEES: 0.00 Carlsbad Redevelopment Agency 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION PARTICIPATION AGREEMENT PARKING IN-LIEU FEE PROGRAM w THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this /7 day of r- J- , 2004, by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (hereinafter referred to as the "Commission"), and W. Kent Jessee, property owner, (hereinafter referred to as the "Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 2815 Jefferson Street (A€": 203-110-29) 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 02-02), which provides conditional approval of a 10,490 square foot professional office building ("Project") on the subject property. B. Condition No. 19 of approved Design Review Board Resolution No. 291 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the Commission and the Program Participant prior to the issuance of a building permit for the subject Project. Design Review Board Resolution No. 291 provides that the Program Participant pay a Parking In-Lieu Fee for a total of four (4) parking spaces which in effect purchases 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. 7 2/26/99 2. SATISFACTION OF ON-SITE PARKING REQUIREMENTS THROUGH THE PAYMENT OF PARKING IN-LIEU FEE. (a) Performance under this Agreement satisfies the Program Participant's obligation for providing four (4) on-site parlung spaces for the land covered by Major Redevelopment Permit No. 02-02 by reason of the Housing and Redevelopment Commission approvals of Major Redevelopment Permit 02-02, including Condition No. 19 listed in Design Review Board Resolution No. 291. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of four (4) parking spaces as established by the Commission, and, as required by Condition No. 19 of Design Review Board Resolution No. 291, 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 (4) to satisfy the Project's parking requirement. (c) The Program Participant shall have no right to designated parlung 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 Parlung 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. The Commission has approved Major Redevelopment Permit 02-02 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of four (4) 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 Design Review Board Resolution No. 291. 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, 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 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: W. Kent Jessee 2075 Corte Del Nonal Carlsbad, CA 92009 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 four (4) 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. 9 2/26/99 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 COMMISSIQI Property Owner 'cSi;n '"L W. Kent Jesse Ow er (Print Namemitle) By: (Sign Here) (Print Namemitle) (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. B BY: 2/26/99 ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Address: 28 15 Jefferson Street Assessor Parcel No.: 203-1 10-29 The subject property is more specifically described as: Parcel 1: The southwesterly 50.00 feet of the northwesterly 241 feet of Lot 48 of the Seasides Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921; except the southwesterly 120 feet. Parcel 2: The southwesterly 15.0 feet of the northwesterly 151.0 feet of Lot 48 of the Seasides Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 192 1 ; except the southwesterly 120 feet. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof 5~13 BIG^^ Name(s) of Stgner(s) personally appeared 0 personally known to me evidence xproved to me on the basis of satisfactory Place Notary Seal Above Signature of Notary Public Description of Attached Docume Title or Type of Document: Document Date: 0 Partner - 0 Limited 0 General 0 Guardian or Conservator Signer Is Representing: Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 0 1999 National Notary Assmialion - 9350 De solo Ave , P.O. Box 2402. Chalsworlh, CA 91313-2402 - w.natlonalnolaryorg