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HomeMy WebLinkAboutSDP 2019-0008; State Street Commons LLC; 2020-0778300; Parking Agreement7p DOC# 2020-0778300 1111 IIII111 1111 1111111111111 11111111 11 Dec 04, 2020 02:57 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) PAGES: 7 Space above this line for Recorder's use Assessor's Parcel Number 203-181-19-00 Pi.oject Number and Name SDP 2019-0008 State Street Commons CITY OF CARLSBAD PARKING IN-LIEU FEE PROGRAM PARTICIPATION AGREEMENT 6 THIS PARTICIPATION AGREEMENT ("Agreement") is entered into this I 'day of Aekuis-r ,2020, by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), and State Street Commons LLC, ("Program Participant"), is made with reference to the following: RECITALS A. Program Participant is the owner of certain real property located at 2742-2752 State Street (APN: 203-181-19-00) in the City of Carlsbad, County of San Diego, State of California, described in "Exhibit A", attached hereto and incorporated herein by this reference, and is proposing a project which requires a Minor Site Development Plan (SDP 2019-0008) which provides for a mixed use project (Office, Restaurant, Retail) and participation in the Parking In-Lieu Fee Program for seven (7) parking spaces to satisfy a portion of the on-site parking requirements ("Project"). B. Condition No. 13 of the Minor Site Development Plan approval letter dated February 10, 2020 states that this Parking In-Lieu Fee Program Participation Agreement shall be entered into between the City and the Program Participant following approval of Minor Site Development Plan SDP 2019-0008 for the Project and provides that the Program Participant pay a Parking In-Lieu Fee for a total of seven (7) parking spaces. The Program Participant shall pay the approved Parking In-Lieu Fee (per parking space) in effect following approval of Minor Site Development Plan SDP 2019-0008 to satisfy a portion the parking requirement for the 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 CA 11/5/2014 APN: 203-181-19-00 PROJECT NO. & NUMBER: SDP 2019-0008 - STATE STREET COMMONS 1. THE RECITALS ARE TRUE AND CORRECT. 2. THE ON-SITE PARKING REQUIREMENTS WILL BE SATISFIED THROUGH THE PAYMENT OF A 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 Project covered by Minor Site Development Plan SDP 2019-0008 by reason of City Planner approval of Minor Site Development Plan SDP 2019-0008, including Condition No. 13 listed in the Minor Site Development Plan approval letter. (b) The Program Participant shall pay the Parking In-Lieu Fee for a total of seven (7) parking spaces as established by the City Council, and, as required by Condition No. 13 of Minor Site Development Plan approval letter. The fee shall be paid following approval for the subject project and prior to issuance of a building permit. The fee shall be the sum total of the fee per parking space needed to satisfy 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-Barrio zone, or at any other location within the City of Carlsbad, nor shall the Program Participant have exclusive use of any public parking space. Through participation in the subject Parking In-Lieu Fee Program, the Program Participant agrees to assist the City of Carlsbad in funding the provision of existing, and/or the provision of new, off-street public parking spaces within the Village Area of the City of Carlsbad. The City Planner has approved Minor Site Development Plan SDP 2019-0008 conditioned upon the Program Participant's payment of a Parking In-Lieu Fee for a total of seven (7) 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 and Barrio Master Plan, and Condition No. 13 of the Minor Site Development Plan approval letter. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the Project. 4. HOLD HARMLESS Program Participant will indemnify and hold harmless (without limit as to amount) the City of Carlsbad 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 attorneys' fees and expenses, 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 lndemnitees, and any of them with respect thereto. 2 CA 11/5/2014 APN: 203-181-19-00 PROJECT NO. & NUMBER: SDP 2019-0008 - STATE STREET COMMONS 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: Community Development Department Planning Division Attn: City Planner 1635 Faraday Avenue Carlsbad, California 92008 TO THE PROGRAM PARTICIPANT: State Street Commons LLC Suite 100 2659 State Street Carlsbad, CA 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 seven (7) parking spaces for the 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 Project as described in Exhibit A to this Agreement. 3 CA 11/5/2014 APN: 203-181-19-00 PROJECT NO. & NUMBER: SDP 2019-0008 - STATE STREET COMMONS 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. 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 CITY OF CARLSBAD, a municipal corporation of the State of California B • By: (Sign Herg) re,LA.tem. roe-4C-1 lvv,41-4 ALAI, be"- (Print Name/Title) Dated: 034ai-C Don Neu, City Planner Dated: GOVZO Attest: By: cfoc &am e z -a (Sign Here) Barbara Engleson, City Clerk / OOP iftc,t Clefif (Print Name/Title) Dated: Dated: By: (Sign Here) (Print Name/Title) Dated: (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 office(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) (Proper notarial acknowledgment of execution by Program Participant must be attached.) 4 CA 11/5/2014 APN: 203-181-19-00 PROJECT NO. & NUMBER: SDP 2019-0008 - STATE STREET COMMONS APPROVED AS TO FORM: Celia A. Brewer, City Attorney By: Assistant City Attorney Dated: 5 CA 11/5/2014 APN: 203-181-19-00 PROJECT NO. & NUMBER: SDP 2019-0008 - STATE STREET COMMONS EXHIBIT A Address: 2742-2752 State Street Assessor Parcel No.: 203-181-19-00 LEGAL DESCRIPTION OF PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcel 1 of Parcel Map No. 1339, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, February 23, 1973 and a portion of Lot 30 in Seaside Lands, in said City of Carlsbad according to map thereof No. 1722, filed in the office of said San Diego County Recorder, July 28, 1921; described as follows: Beginning at the most westerly corner of said Parcel 1; then along the northwesterly line of said Parcel 1 North 55°26'56"east 162.63 feet; thence along the northeasterly line of said Parcel 1 south 34 *3300" east 62.16 feet to northerwesterly line of said lot 30; thence the following (3) courses along northerwesterly, northeasterly and southeasterly line of Parcel B and C, described in grant deed recorded on August 27, 2019 as document No. 2019-0366389, of official records: (1) North 55 '27'00" east 0.07 feet; (2) South 34 *33'00" east 124.33 feet; (3) South 55 *27'00" west 162.70 feet to the northeasterly right of way of State Street as shown on said Parcel Map No. 1339; Thence along said northeasterly right-of-way line of State Street north 34 33'00" west 186.49 feet to the true point of beginning. Herein above mentioned Parcels area consolidated into one Lot and may not be conveyed separately without filing a parcel map or final map. Containing 30,338 square feet (0.696 acres). 6 CA 11/5/2014 GAREN VASS comm. ;It-2264054 ).% NOTARY PUBLIC-CALIFORNIA r. ( SAN DIEGO COUNTY My Comm. Expires November 21, 2022 CALIFORIVP. ALL-PURPOSE 1.7777.77LEDGMENT CIVIL CODE § 1189 Vitt •• •,2 fiVZC•'.‘V.AteriNtefS.Veie•StCSS.,'ie:'.reo..Sg.e," -4<.....aUtr-WiSk.i.e.7:4"-' ••/•-• • • tr-`4/-. /7`,. • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On M•41)14 V.( /2-P.2D before me, IYIesSkil Date personally appeared Here Insert Name and Title of the Officer 4IDA1-1 v Name of SignerK who proved to me on the basis of satisfactory evidence to be the person) whose name(6) is/a,re subscribed to the within instrument and acknowledged to me that he/sItSe4tliey executed the same in hisiller/t/hbir authorized capacity(iet), and that by his/hArttlAir signature0 on the instrument the person/0Y, or tlie entity upon behalf of which the person(-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre State of California County of 47/10-i kfe-t-.) and official seal. WITNESS Signat Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General El Individual LI Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 4.74 -.,,,WASLYASteAK.41W, ' ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact II Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: