HomeMy WebLinkAbout02-03-2017 Off-site Parking Agreement between SLO Creamery and SLO CityRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Depa _
919 Palm Street REC-Eiv
San Luis Obispo, CA 93401-32 8 MAR 31 2017
C1_ ERK
2017003725
Tommy Gong
San Luis Obispo - County Clerk -Recorder
03/02/2017 03:14 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 6
Fees: $29.00
Taxes: 0.00
Total: 29.00 ftVkidlf
OFF-SITE PARKING AGREEMENT
This Off -Site Parking Agreement ("Agreement") is made and entered into this
31-1 day of � EQ Q VII P_y , 2017 -, by and among SLO CREAMERY
LLC, a California limited liability company ("Property Owner"), CREEKSIDE LOFTS, LP, a
California limited partnership ("Off -Site Provider"), and the CITY OF SAN LUIS OBISPO, a
municipal corporation and charter city ("City").
WITNESSETH
WHEREAS, Property Owner is the owner of certain real property located at 570 Higuera Street
(APN 002-402-045). San Luis Obispo, California; legally described as:
Parcel 1 of Parcel Map SLAL 88-288 as said parcel is shown upon the map filed for record
December 21, 1990 in Book 47 of Parcel Maps at page 83, San Luis Obispo County
Records (the "Property Owner's Property"); and
WHEREAS, Off -Site Provider is the owner of certain real property located at 564 Higuera Street
(APN 002-402-048), San Luis Obispo, California; legally described as:
Parcel 1 of Parcel Map SLO 98-251 as said parcel is shown upon the map filed for record
June 26, 2000 in Book 54 of Parcel Maps at page 90, San Luis Obispo County Records (the
"Off -Site Property"); and
WHEREAS, in 2016, the City granted approval of Architectural Review Application #ARCH -
2699 -2016, for expansion and upgrades to the existing retail/commercial and restaurant uses
(collectively, the "Approved Use") on Property Owner's Property; and
WHEREAS, pursuant to City Municipal Code Section 17.16.060.F, one condition of the Approved
Use requires Property Owner to either (i) enter into contractual arrangements to provide at least nine
(9) parking spaces ("Required Additional Parking") off the street and off-site from the Property
Owner's Property, at a location approved by City in accordance with its regulations, as a portion of
the parking required to serve the Approved Use during its hours of operation; or (ii) pay the City's
required "in -lieu" parking fees for the number of Required Additional Parking not provided by such
contractual arrangements; and
WHEREAS, Off -Site Provider is willing to provide the Required Additional Parking at the Off -Site
Property, in accordance with the terms and conditions of this Agreement; Off -Site Provider,
Property Owner and City recognizing that during any construction of currently proposed permanent
improvements at the Off -Site Property, diminished or no parking may be available on the Off -Site
Property.
Off -Site Parking Agreement
Page 2
NOW, THEREFORE, it is hereby mutually agreed by and among the parties hereto as
follows:
1. Off -Site Provider hereby agrees to provide Property Owner with the exclusive right
to maintain the Required Additional Parking on the Off -Site Property in connection with the
Approved Use in locations approved by the City, during its hours of operation, all in accordance
with the terms and conditions of this Agreement. Property Owner shall have the right to post signs
or mark said parking spaces in order to designate the spaces for Property Owner's exclusive use.
Further, Off -Site Provider and Property Owner may have such other agreements between them as
they may deem necessary or appropriate as long as the provisions of any such agreement do not in
any way diminish the obligations of either of them to the City hereunder or in any way affect the
rights or remedies of the City hereunder.
2. The Required Additional Parking on the Off -Site Property: (i) shall be initially
constructed promptly after the execution of this Agreement, in accordance with the "temporary
parking lot" standards of the City, and the Required Additional Parking may be maintained on
the Off -Site Property in such "temporary" condition for a period not to exceed twenty four (24)
months from the date of this Agreement; (ii) may be temporarily unavailable for a period not to
exceed eighteen (18 months), but only during the time permanent building improvements are
being constructed on the Off -Site Property (the "Construction Period") in accordance with a
validly issued building permit; and (iii) shall be promptly improved to a permanent parking lot
standard, if construction of permanent building improvements on the Off -Site Property has not
commenced on or before a date twenty-four (24) months from the date of this Agreement.
During the Construction Period, for each space that becomes unavailable due to construction on
the Off -Site Property, Property Owner shall purchase from the City an equivalent number of one
of the following: (i) parking structure access cards; or (ii) 10 -hour meter permits and shall
provide such cards or permits, without charge, to employees of Property Owner's tenants of
Property Owner's Property. The Property Owner shall provide adequate proof to the City
Community Development Department on a monthly basis (or quarterly basis if Property Owner
is purchasing parking structure access cards) that said access cards or permits have been
purchased and have been allocated to employees of such tenants. Property Owner shall notify
such tenants to encourage its employees to utilize such permits or access cards until earlier of the
following to occur: (i) completion of a permanent parking lot on the Off -Site Property and use of
the permanent parking spaces commences; or (ii) Property Owner's payment of the parking in -
lieu fees for the Required Additional Parking.
3. If for any reason any or all of the Required Additional Parking is no longer
available on the Off -Site Property, except as provided in Paragraph 2 above (the "Unavailable
Required Additional Parking"), the Property Owner and the Off -Site Provider must notify the
City in writing no later than three (3) days after the Unavailable Required Parking becomes
unavailable.
4. Property Owner understands and agrees that if for any reason there is Unavailable
Required Additional Parking, within ninety (90) days of such parking becoming unavailable, the
Property Owner will (i) replace the Unavailable Required Additional Parking at an alternative
location acceptable to City, in accordance with City's regulations, or (ii) pay the parking in -lieu
fees attributable to the Unavailable Required Additional Parking at the fee rate in effect at time
of payment.
5. Property Owner understands and agrees that if for any reason a condition of
2
Off -Site Parking Agreement
Page 3
Unavailable Required Additional Parking which is not remedied in accordance with Paragraph 4
above for a period of ninety (90) days, the Property Owner will be in violation of the City of San
Luis Obispo Zoning Code requirements and the Property Owner will be required by the City to
either (i) immediately comply with the terms of Paragraph 4 above; or (ii) reduce or cease
operation of the Approved Use to an intensity approved by the City in order to bring Property
Owner's Property into conformance with the City's Zoning Code requirements for this change in
available Required Additional Parking. Although the Property Owner may have recourse against
the Off -Site Provider for breach of this Agreement, in no circumstance shall the City take, or be
obligated by this Agreement to take, any action against the Off -Site Provider. The parties
acknowledge, if this Agreement is breached by Property Owner, that the sole recourse for the
City is against the Property Owner in a manner as specified in this paragraph and the City may
invoke any remedy provided for in the City's Municipal Code to enforce such violation against
the Property Owner.
6. This agreement is in perpetuity and can only be modified or terminated in
accordance with the following:
a. As between Property Owner and Off -Site Provider, the agreement to provide any or
all of the Required Additional Parking may be modified or canceled upon 30 days
written notice from one to the other, so long as a copy of such notice is sent to the
City in accordance with Paragraph 3 of this Agreement.
b. If the Approved Use ceases or the Approved Use is modified, as approved by the
City's Community Development Director whereby any or all of the Required
Additional Parking is no longer required to satisfy City parking requirements for the
then use of the Property Owner's Property,
c. If "in -lieu" parking fees have been paid for any or all of the Required Additional
Parking, or
d. If contractual arrangements have been entered into between Property Owner and a
third party regarding a new location for Unavailable Required Parking, the location
for which has been approved by the City's Community Development Director.
e. In the event of the occurrence of any of the above, each of the parties to this
agreement, shall take such actions and execute such documents, in recordable form,
as are reasonable or necessary to reflect such modification or cancelation in the
Official Records of San Luis Obispo County.
7. The provisions and conditions of this Agreement shall run with the land for those
properties specified herein and shall be enforceable against successors in interest and assigns of
the signing parties.
[SIGNATURES ON FOLLOWING PAGE]
Off -Site Parking Agreement
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first
above written.
ALL SIGNATURES MUST BE NOTARIZED
"PROPERTY OWNER"
SLO Creamery LLC,
a California limited liability company
By: t I/_/ g A�)
By: IN 117A 2 '
Ro in L. Rossi, Manager Date
"OFF-SITE PROVIDER"
Creekside Lofts, LP,
a California limited partnership
By: Covelo Holdings, LLC, a California limited liability company, its general partner
By:
Name: M � e , Date:
Title: jT5 NAS „4
"CITY"
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
3 _
Date By:
Davidson, Deputy Director
L';
Off -Site Parking Agreement
Page 5
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.
State of California
County of San Luis Obispo
On—uOqlun before me, i i 1 oka ( r bl I
6e ame and Title of the Officer
personally appeared,
Name
who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/�
subscribed to the within instrument and acknowledged to me that he he4h@y executed the same in
his/honWek authorized capacity(, and that by hisAl-iefAheir signature(s4 on the instrument the
person(}, or the 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 correct.
t;�J.�DANIEL�LEN.ERGl1SO
COMM' 02089634
WITNESS my hand and official seal.
En
MYPuQM'@C'kLWntarit, LUIS OBISPO COUMYYC. Exp- NOV. 10.21?18
Signature
Place Notary Seal Above
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.
State of California }
County of San Luis Obispo }
On huair L, before me, NP
-- Frl
Date � N o1)(k
cc
personally
appeared, V-Obi'R L_
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(S.) whose names) iMme
subscribed to the within instrument and acknowledged to me that he/may executed the same in
his/her/their authorized capacity(ico, and that by his/hoOtheir signatures} on the instrument the
person(-jj; or the entity upon behalf of which the personH 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 correct.
=VICKEY FARLEY
'074h Commission # 2026488
WITNESS my hand and official seal. z : +. Notary Public - California z.
Z ° San Luis Obispo County n
My Comm. Expires Jun 25. 2017
Signature
igna[urC of Notary Public Place Notary Seal Above
ACKNOWLEDGMENT
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.
State of California
County of San Luis Obispo
On February 3, 2017
before me, Diane Dostalek, Notary Public
(insert name and title of the officer)
personally appeared Douglas G. Davidson
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. DIANE DDS/ALEK
Comrnis:ion # 2138341
Notary Public - Cal"ornis
z Son Luis Obispo County
My Comm. Ex ilfs Doe 25.2018
Signature obm PLQW. (Seal)
END Or [)()CU/TENT