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Home My WebLink AboutOcean View Promenade - 2006-05-15J,72 ,►� C. PR E (' F.� Council/Agency Meeting Held: S Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied -C ler s Sign e Council Meeting Date: 5/15/2006 L.", Department ID Number: ED 06-17 CITY OF HUNTINGTON BEACH REQUEST FOR REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE CHAIRMAN AN AGENCY MEMBERS SUBMITTED BY: PEN �PE (f�ULBR� RAF , DPA, EXECUTIVE DIRECTOR PREPARED BY: STANLEY SMALEWITZ, DEPUTY EXEC TIV CTOR SUBJECT: Approve In -Lieu Parking Fee Agreement / Ocean View Promenade Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Redevelopment Agency of the required to provide eleven (11) parking spaces for the Ocean Agency is unable to provide the spaces within the proposed located within the Main -Pier sub -area, Blocks 104-105. As ti built, the Agency will pay the in -lieu parking fee to the City The Agency needs to approve the agreement. City of Huntington Beach is View Promenade project. The Strand public parking structure ie proposed spaces cannot be in the amount of $171,196.30. Funding Source: Unappropriated Redevelopment Agency Capital Projects fund balance. Recommended Action: Motion to: 1. Appropriate $171,196.30 from the Unappropriated Redevelopment Agency Capital Projects fund balance to business unit 30580101. 2. Approve the In -Lieu Parking Fee Agreement in the amount of $171,196.30, authorize the Chairman and Agency Clerk to execute the agreement, and approve the expenditure of $171,196.30 to the In -Lieu Parking Fund. Alternative Action(s): Do not approve the Agreement. Analysis: The Redevelopment Agency of the City of Huntington Beach is required to provide eleven (11) parking spaces for the Ocean View Promenade project. In the long-term, these spaces were to be provided within the proposed Strand public parking structure located within the Main -Pier sub -area, Blocks 104-105. As a short-term measure, the spaces were temporarily "placed" at 214 Fifth Street to maintain the parking count balance for the Downtown Parking Masterplan. E - 3 REQUEST FOR ACTION MEETING DATE: 5/15/2006 DEPARTMENT ID NUMBER:ED 06-17 When the Agency sold 214 Fifth Street, the Agency incurred an obligation to either build the eleven (11) spaces or pay the in -lieu fee of $15,563.30 per space. As the Strand project cannot include these spaces, the Agency will pay the in -lieu parking fee to the City in the amount of $171,196.30. The Planning Commission approved participation in the Downtown Parking In -lieu Fee program for the eleven (11) parking spaces on August 23, 2005 in conjunction with Coastal Development Permit No. 04-15, Conditional Use Permit No. 04-47 for the construction of a three-story, 10,300 sq. ft. mixed use building at 214 Fifth Street. The Agency needs to approve the In -Lieu Parking Fee agreement. Environmental Status: None Required. Attachment(s): G:\Carol\Administration\RCA\ED06-17.doc -2- 4/27/2006 8:09 AM ATTACHMENT #1 if I RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk Recorded in official Records, orange County Tom Daly, Clerk -Recorder Illlllllllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll NO FEE 2006000353682 0134pm 05125106 212 5o Al2 3 0.00 0.00 0.00 o.00 o.00 o.00 o.00 o.ao EXEMPT FROM RECORDING FEE PER GOV. CODE §61031 t Z In -Lieu Parkin Fee ee Agreement NOW THEREFORE, Participant hereby declares as follows: 1. Payment of Fee: Participant, The Redevelopment Agency of the City of Huntington Beach ("Agency"), in lieu of providing eleven (11), parking spaces for the Ocean View Promenade project, located at 101 Main Street ("Property"), hereby covenants and agrees to pay to the City of Huntington Beach, hereinafter referred to as the "City", a fee equal to Fifteen Thousand Five Hundred Sixty Three Dollars and Thirty Cents ($15,563.30), per parking space, for a total of One Hundred Seventy One Thousand One Hundred Ninety Six Dollars and Thirty Cents ($171,196.30). 2. Amount and Manner of Payment; Agency hereby covenants and agrees to pay in one lump sum, the In -Lieu Fee described in Paragraph One (1) above upon recording of this In -Lieu Parking Fee Agreement with the Orange County Recorder. Faillure to pay in a timely manner may result in revocation of the Conditional Use Permit, foreclosure upon the lien herein described or other penalties or interests. IN WITNESS WHEREOF, Participant has executed this Agreement May 1 5 200__E. APPROVED AS TO FORM AND CQNTENT � n Cit Attorney REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic � By:Chairman By- ,> -� Agency er APP O D AS TO FORM: 61 n• AgenGe na se �Nq-II.OU INITIATED AND PPRO ED: By: Deputy ExecuthADirector REVIEWED AND APPROVED: By: ecutive Director 06agree/in lieu parking ocean view r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On May 18, 2006 , before me, ---------P. L. Esparza, Notary Public ------- , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared --------- ----------- --- Joan L. Flynn ------ ------------------------- , Names) of Signer(s) r L Place Notary Seal Above N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a#e subscribed to the within instrument and acknowledged to me that he/she/t" executed the same in his/her/their authorized capacity(iss), 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 an and o icial seal. SigrlatuieTf No 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: In -Lieu Parking Fee Agreement Document Date: May 15, 2006 Number of Pages: SignerM Other Than Named Above: Dave Sullivan, Chairman Capacity(!") Claimed by Signer Signer's Name: Joan L. Flynn ❑ Individual d Corporate Officer — T)tle(s): Agency Clerk ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 rustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Redevelopment Agency of the City of Huntington Beach 0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • CNataworM, CA 91313-2402 • www.naboreWo".org Prod. No. 5907 Rwrdec Cd Tall -Free 14300-s78-6827 , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On May 19, 2006 , before me, --------- P. L. Esparza, Notary Public ------- Date Name and Title of Officer (e.g., 'Jane Doe, Notary Puble) personally appeared ------------- ----------- Dave Sullivan --------------------------------------- , Name(s) of Signers) 111110 It 3 *OVA Comnlafon # tb94179 Nol W Public - C MONO o 1W... � Om Ig CCU► Coma. SAW 4. Place Notary Seal Above �f personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(z) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hw/t"W authorized capacity(ise), and that by his/4arAbsic signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 'NIT N my and nd official seal. 11Nignatu of Notary PUV 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: In -Lieu Parking Fee Agreement Document Date: May 15, 2006 Number of Pages: Signer(e) Other Than Named Above: Joan L. Flynn, Agency Clerk Capacity(!") Claimed by Signer Signer's Name: ❑ Individual d Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ ; rustee ❑ Guardian or Conservator ❑ Other: Dave Sullivan Chairman Signer Is Representing: The Redevelopment Agency of the City of Huntington Beach 0 1999 National Notary Association - 9360 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nabonakwtwy.org Prod. No. 5907 Reorder: Call TW-Free 14100Z768827 F � ; �� «. � �� .� �� . ATTACHMENT #2 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELLA, CPA, FINANCE DIRECTOR SUBJECT: FIS 2005-06 — 19 APPROVE IN -LIEU PARKING FEE AGREEMENT / OCEAN VIEW PROMENADE DATE: APRIL 24, 2006 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve In -Lieu Parking Fee Agreement / Ocean View Promenade " If the City Council approves this action (total appropriation $171,196), the estimated unreserved, undesignated Redevelopment Agency Capital Project Fund Balance at September 30, 2006 will be reduced to $16,321,000. I,xa 7��o;x, Dan Villella, Finance Officer RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve In -Lieu Parking Fee Ageement / Ocean View Promenade COUNCIL MEETING DATE: May 15, 2006 RCA ATTAC HEVTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Applicable ElNot (Approved as to form by City Attorney) Certificates of Insurance (Approved b the CityAttome pproved y y) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudget, over $5,000) Attached Applicable 171Not ❑. Bonds (If applicable) Attached Applicable ElNot Staff Report (If applicable) Attached Not Applicable ❑ Commission, Board or Committee Report applicable) If a p ( pp ) Attached Not Applicable ❑ Find in s/Conditions for Approval and/or Denial g pp Attached Not Applicable El EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FC R ED Administrative Staff ( ) Assistant City Administrator (Initial) ) City Administrator (initial) ( ) ( ) City Clerk ( ) EXPLANATI NfOR RETURN OF ITEW. RCA Author: Runzel i CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 19, 2006 Tom Daly O. C. Clerk — Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 Attn: Document Examiner CALIFORNIA 92648 Enclosed please find the In -Lieu Parking Fee Agreement entered into as of 5/15106 by and between the Redevelopment Agency of the City of Huntington Beach and the City of Huntington Beach to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the Agreement when recorded to this office in the enclosed self-addressed stamped envelope. an L. Flynn City Clerk JF:pe Enclosure Attachment G:tfollowup/deeds/deedlefter2002.doe Procedure #18 ( Telephone: 7 9 4-536-5227 )