HomeMy WebLinkAbout2007-01-23; Housing & Redevelopment Commission; 396; Parking In-Lieu Agreement for Pizza PortHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL
1
396AB#
MTG.
DEPT. HSG&REDEV
Parking In-Lieu Fee Program
Participation Agreement for 571
Carlsbad Village Drive (Pizza Port)
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
ADOPT Housing and Redevelopment Commission Resolution No. 434 approving a
Parking In-Lieu Fee Program Participation Agreement between the Commission and Grain to
Green, Inc., for the business known as Pizza Port located at 571 Carlsbad Village Drive within
the Village Redevelopment Area of the City of Carlsbad.
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 $11,240 per parking space for participation in the program was established
by the Commission at that time. 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. It has remained in full effect since that time, and has a current parking
utilization ratio of 82%.
The Housing and Redevelopment Commission originally entered into a Public Parking Space
Lease Agreement on June 13, 1995 to allow a new restaurant at 571 Carlsbad Village Drive to
meet its parking requirement. The restaurant was known at that time as the Carlsbad Village
Microbrewery and Public House, and needed seven (7) additional parking spaces to receive
approval of its redevelopment permit. The lease agreement was entered into at that time
because the Parking In-Lieu Fee Program was not yet in effect. In 1997, the restaurant
changed owners and its name to Pizza Port. The original lease agreement was assigned to the
new owners. The lease agreement included language which allows Pizza Port to terminate the
lease and participate in the parking in-lieu fee program, and it allows Pizza Port to receive credit
for all lease payments made up to the date of participation.
The noted parking lease agreement currently needs to be renewed or terminated. The property
owners of Pizza Port have indicated that they would like to participate in the parking in-lieu fee
program at this time and terminate the lease agreement. The total fee for seven (7) parking
spaces is $78,680. With credit for the lease payments made to date by Pizza Port of
$71,719.39 total, the business owners will be required to make an additional payment of
$6960.61 in order to satisfy their obligation. Pizza Port has executed the required participation
DEPARTMENT CONTACT: Debbie Fountain 760-434-2935 dfoun(S)ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COMMISSION ACTION: APPROVED rf
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
agreement and provided the noted final payment. Once the agreement is executed by the
Commission and the payment is processed, Pizza Port will have no further obligation for
monthly parking sublease payments for the subject restaurant. If the land use changes or is
intensified at a later date, the applicant may have additional parking requirements which would
be determined at the time of application.
A Parking In-Lieu Fee Program Participation Agreement has been prepared by staff and
executed by the Pizza Port business owner. The Agreement is now presented for review and
action by the Housing and Redevelopment Commission. The terms of the Agreement are as
follows:
1. The business owner shall pay a parking in-lieu fee for a total of seven (7) parking spaces.
2. The business owner shall receive credit for all parking lease payments made as of the date
approved for participation in the Parking In-Lieu Fee Program ($71,719.39).
3. The remaining fee of $6960.61 is to be paid upon approval of the participation agreement.
4. The business owner shall have no right to designated parking spaces, nor shall the owner
have exclusive use of any public parking spaces.
5. In exchange for participation in the subject program, the Commission agrees that the
parking conditions for the Pizza Port Restaurant at 571 Carlsbad Village Drive have been
satisfied, and the originally approved permit remains in full force and effect.
It is important to note that approval of the subject parking in-lieu fee participation agreement will
benefit and bind both the current business and property owners as well as any successive
owners of the subject business and/or property and project.
Staff Recommendation
The subject property is eligible to participate in the approved Parking In-Lieu Fee Program for
up to 100% of their total parking requirement. However, they only need, and are requesting, to
participate for a total of seven (7) spaces. It is staff's recommendation that the Housing and
Redevelopment Commission approve the attached Parking In-Lieu Fee Participation
Agreement which will allow the business owner at 571 Carlsbad Village Drive to pay a fee to
satisfy a portion of the parking requirements for the Pizza Port restaurant.
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 seven (7) parking spaces, the total parking in-lieu fee to
be deposited in the Carlsbad Redevelopment Agency Parking Fund, per the subject agreement,
will be $78,680.
If the participation agreement is approved, the property owner will be allowed to receive credit
towards payment of the total fee equal to the total amount of confirmed sublease payments
made from November 19, 1997 to the date the total fee is due to the Carlsbad Redevelopment
Agency. To date, the property owner has made payments which equal $71,719.39. The
Redevelopment Agency will receive $6960.61 in additional funds to be deposited into its
Parking Program Account. The parking fund is to be used to finance improvements to existing
Village public parking lots and/or for the provision of additional public parking within the Village
Redevelopment Area. There is currently a balance of $611,390.47 in the subject parking fund.
7-
EXHIBITS:
1. Housing and Redevelopment Commission Resolution No. 434 approving a Parking In-
Lieu Fee Participation Agreement between the Commission and Grain to Green, Inc.,
business owner at 571 Carlsbad Village Drive in the Village Redevelopment Area.
2. Parking In-Lieu Fee Participation Agreement between the Commission and Grain to Green,
Inc., business owner.
Page 2
1 RESOLUTION NO. 434
2 A RESOLUTION OF THE HOUSING AND
REDEVELOPMENT COMMISSION OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A PARKING IN-
4 LIEU FEE PROGRAM PARTICIPATION AGREEMENT
BETWEEN THE COMMISSION AND GRAIN TO GREEN,
5 INC., FOR THE PROJECT KNOWN AS PIZZA PORT
LOCATED AT 571 CARLSBAD VILLAGE DRIVE IN THE
6 VILLAGE REDEVELOPMENT AREA
7 WHEREAS, on March 28, 1995, the Housing and Redevelopment Commission
8 approved a Major Redevelopment Permit to allow the construction of a restaurant at
9
571 Carlsbad Village Drive; and
10
WHEREAS, as a condition of approval of Major Redevelopment Permit No. 94-
11
07 and Coastal Development Permit 94-08, Grain to Green, Inc. and the Housing and
12
Redevelopment Commission entered into a Public Parking Space Lease Agreement for
the purposes of providing parking opportunities for the approved restaurant; and
15 WHEREAS, the subject Public Parking Sublease Agreement had an initial term
16 often (10) years and expired in June of 2005, and Grain to Green, Inc. has continued to
17 make monthly lease payments; and
18 WHEREAS, the subject Agreement requires renewal or satisfaction of the
19 required seven (7) parking spaces through an alternate means in order for Grain to
20 Green, Inc. to continue operations of the subject restaurant; and
21
WHEREAS, Grain to Green, Inc. has requested, and the subject property is
22
eligible, to participate in the Parking In-Lieu Fee Program to satisfy the seven (7) space
23
parking requirement which was the subject of the expired Public Parking Sublease
25 Agreement; and
26 WHEREAS, by execution of the Parking In-Lieu Fee Program Participation
27 Agreement, Grain to Green, Inc. agrees to pay the established Parking In-Lieu Fee for a
28
1 total of seven (7) parking spaces to satisfy the on-site parking requirements for the
2 approved restaurant (Pizza Port) located at 571 Carlsbad Village Drive within the Village
Redevelopment Area of the City of Carlsbad; and
4
WHEREAS, the Commission finds that the subject property and project qualifies
5 to participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program
6
and participation in the program will satisfy the parking requirements for the subject
7
restaurant on the noted property at 571 Carlsbad Village Drive; and8
9 WHEREAS, the Commission finds that the subject project is consistent with the
10 goals and objectives of the Village Master Plan and Design Manual, and the land use is
11 consistent with the-land use district in which the property is located; and
12 WHEREAS, the Commission finds that the current utilization ratio of the public
13 parking spaces within the Village Redevelopment Area is 82% which indicates that
14 there is adequate public parking within the Village to accommodate the subject project's
15 parking demand through the Parking In-Lieu Fee program; and
16
WHEREAS, the Village Parking In-Lieu Fee Program is in full force and effect as
17
of the date of this Parking In-Lieu Fee Participation Agreement.
18
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
20 Redevelopment Commission of the City of Carlsbad as follows:
21 1. The above recitations are true and correct.
22 2. That the Housing and Redevelopment Commission hereby approves the
23 Village Parking In-Lieu Fee Participation Agreement between the
24 Commission, on behalf of the Carlsbad Redevelopment Agency, and Grain to
25
Green, Inc., business owner of the restaurant located at 571 Carlsbad Village
26
Drive, in the Village Redevelopment Area of the City of Carlsbad.
5
1 3. That with participation in the Parking In-Lieu Fee Program for a total of seven
2 (7) spaces, the Commission agrees that the parking conditions for RP 94-07
and Coastal Development Permit 94-08 are duly satisfied by the business
4 owner/property owner.
5
4. That the Chairperson of the Housing and Redevelopment Commission is6
hereby authorized to execute said Agreement, and the City Clerk is requested
8 to forward the executed Agreement to the County Recorder for recordation
9 against the subject property.
10 5. That the City of Carlsbad Finance Director is hereby authorized to transfer
any applicable credit for previously remitted parking lease payments by Grain
12 to Green, Inc., since November, 1997 from the Redevelopment Agency
13 Operation Fund to the Redevelopment Agency Parking Fund, and to deposit
14
the balance of the Parking In-Lieu Fee to be remitted by Grain to Green per
15
said approved agreement into the Redevelopment Agency Parking Fund.16
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad on the 23rd day of January, 2007,
by the following vote:
AYES: Commission Members Lewis, Packard, Sigafoose.
NOES: None.
ABSENT: Commissioners Kulchin, Hall
ATTEST:
RAYMOND R. PATCHETT^SfcC
(SEAL) = f?: u> —• <a -1S70 : Q z
•f ^ +*
EXHIBIT 2
PARKING IN-LIEU FEE PARTICIPATION AGREEMENT
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
Carlsbad Redevelopment Agency
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
(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^J"^ day
of fytMuuAA^-fr--, 2006, by and between the CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION, a rjbdy 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
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-LIEU FEE:
(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
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
\\
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
By:
By:
HOUSING AND REDEVELOPMENT
COMMISSI
ommission, a body
0'
(Print Name/Titte)
. \ L> v"Mymond R. Patchett, Secretary to Commissiqi?/'' . _ ,
\) y x r a / ESTABUSHED \| Z\°o''~
(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. BALI/]Cit#Attorney
BY:
Jane Mobaldi, Assistant City Attorney
2/26/99
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
State of California
countv of SCLH TD\ e AO Iss.
0 '
On T>CC 13, 3OOU> before me. lit bu C^hnSfcn, DoTUruf RxJolk .
Date ^ iName and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared C_^in<X ' MCtlTSCW n^.
v^me(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
\^L2&ak Commlulon #1701904
iraOnv Notary Public • California
< ^&§3s San D<*0° Coun*V
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.
HCLL/UMjCJ st\y\ ^cr^
/Signature ol Notary Public
Though the information below is nof required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of frt/s form to another document.
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Capacity(ies) Claimed by Signer
Signer's Name:
D Individual ^^
O Corporate Officer — Title(s):
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D Attorney-in-Fact
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D Guardian or Conservator ^-^"""~'
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Signer Is Representing: -^"^
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Number of Pages: O
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^^^^^^^^^^^^•^^^^•H'UHnF SIGNER ^H• Top of thumb here
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of OCLA Iss.
£)£COn
Date
personally appeared _
before me
\J\nce.
Name and Tllle of Officer (e.g., "Jane Doe,Public')
RUBY JOHNSON
CommlMlon* 1701304
Notary Public • Ccrilfomta
San Diego County
[s) ol Signers)
^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.
ire 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:
i'ta n~\
Re <kvc \opmc A V
^ pifoo \ds V' UpeiTW\
. 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:,
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