HomeMy WebLinkAboutRDA 1 2ND AMEND TO DDA W/PROSPECT VILLAGE 03-04-08AGENDA REPORT
MEETING DATE: MARCH 4, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: REDEVELOPMENT AGENCY STAFF
SUBJECT: SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT 04-01 WITH PROSPECT VILLAGE L.P.
SUMMARY:
Authorization is requested for approval of a Second Amendment to the Prospect Village
Disposition and Development Agreement (DDA) 04-01 and approval of License
Agreements for Parking Rights assigned to ten addresses from 270-290 Prospect
Avenue.
RECOMMENDATION:
It is recommended that the Community Redevelopment Agency:
1. Adopt RDA Resolution No. 08-01 finding that the Second Amendment to DDA
04-01 is within the scope of the previously approved Prospect Village Final
Environment Impact Report (FEIR).
2. Approve and authorize the Executive Director, or his designee, to execute the
Second Amendment to DDA 04-01 between the Tustin Community
Redevelopment Agency and Prospect Village L.P., subject to City Council
approval of Zone Change 08-001 (Amendments to the Prospect Village Planned
Community District Regulations) and any non-substantive modifications to the
Second Amendment as may be determined necessary by the City Attorney.
3. Approve and authorize the Executive Director, or his designee, to execute ten
License Agreements for Parking Rights assigned to 270, 274, 276, 278, 280,
282, 284, 286, 288 and 290 Prospect Avenue.
FISCAL IMPACT:
No additional fiscal impacts are anticipated beyond those identified in the Original DDA.
BACKGROUND:
The Redevelopment Agency entered into a DDA 04-01 with Prospect Village L.P. on
June 21, 2004 (the "Original DDA") and amended the DDA on February 21, 2007 (the
"First Amendment"), collectively, the "DDA". Consistent with the Planned Development
District zoning document for the project, the Original DDA contained restrictions that
limited the use of the ground floor along Prospect Avenue to retail uses only and
required owner/proprietor occupancy of all floors of each unit in at least 10 of the 12
units, unless otherwise specifically authorized by the Agency. Modifications to the DDA
will expand the authorized uses permitted in the ground floor of units facing Prospect
Avenue to retail, commercial service and professional office uses provided that no fewer
than three of the six units along Prospect Avenue would be required to have ground
floor uses that contain retail uses only. Units facing Prospect Lane would continue to
have their ground floors limited to retail, commercial service and professional office
uses.
Unlike the Original DDA, proposed DDA Amendments would allow previously restricted
units (10 units in the project) to be leased subject to the availability of any necessary
additional parking required for separate occupancy of the ground floor of units. The
modifications to the DDA will provide flexibility to the types of uses along Prospect
Avenue and Prospect Lane and, pending the grant by the Agency of License
Agreements for Parking Rights, eliminate the Original DDA requirement that the
owner/proprietor occupies all floors of a Live-Work Unit. These modifications will assist
the Developer in marketing the project and the Agency in accomplishing implementation
plan goals established for the Tustin Town Center Project Area.
The Community Development Department is also concurrently processing Zone
Change 08-001 (Amendments to the Prospect Village Planned Community District
Regulations) which would ensure that proposed amendments to the DDA are reflected
in the planned development zoning regulations for the project. Approval of the Second
Amendment to DDA 04-01 shall be contingent upon City Council approval of Zone
Change 08-001.
Although the subject property has sufficient parking to accommodate the parking
requirements of a Live-Work Unit where the residential and ground floor area of each
unit is occupied by the same household, the original traffic/parking analysis for the
project indicated that there would be insufficient parking in the event the ground floor of
a restricted Live-Work Unit was occupied or used in a manner separate from the
residential component of the Live-Work Unit. To assist in marketing of the units and to
eliminate the significant time and process involved in each prospective buyer obtaining
additional parking for use of the ground floor of the ten restricted units in the project,
Agency staff is recommending the approval of ten License Agreements for Parking
Rights in the event the owners of 270-290 Prospect Avenue desire to lease the ground
floor of their Units for retail, commercial service, or professional office use. The License
Agreements for Parking Rights provide the owners of these Live-Work Units with the
additional parking needed to conform to current City of Tustin parking requirements
assuming all ground floor units would be retail. As such, units facing Prospect Avenue
would be granted non-exclusive rights to use five parking spaces (276, 280, 284 and
288 Prospect Avenue) and units facing Prospect Lane non-exclusive rights to use three
parking spaces (270, 274, 278, 282, 286 and 290 Prospect Avenue) for a total of 38
spaces on the second floor of the Steven's Square Parking Structure (the Agency's
currently controls 81 spaces). A recent parking analysis of the Steven's Square
Structure completed as part of the Old Town Parking Study reviewed by the City
Council at their meeting on February 19, 2008 indicates that there is more than an
adequate supply of City owned spaces in the Steven's Square Structure to
accommodate this parking demand.
The City Council previously approved RDA Resolution No. 04-01 certifying the Prospect
Village Project Final Environmental Impact Report ("FEIR") pursuant to the California
Environmental Quality Act (CEQA), and adopted Findings of Fact, a Statement of
Overriding Consideration and a Mitigation Monitoring Program for the Project. The
Community Development Department has prepared an Initial Study and it has been
determined that the proposed Second Amendment to DDA 04-01 is within the scope of
the Prospect Village Project FEIR and no additional analysis, action or document is
required under CEQA. A copy of the Initial Study is attached to the City Council agenda
item for the similar zoning action being recommended on the Prospect Village project.
The proposed ten License Agreements for Parking Rights are considered Categorical
Exemptions under Section 15301, Existing Facilities of CEQA. The License
Agreements for Parking Rights involve an existing parking structure and do not expand
the existing use.
The Second Amendment to DDA 04-01 continues to be consistent with the Original
DDA. The Second Amendment to DDA 04-01 and a sample of each of the License
Agreements for Parking Rights (one along Prospect Avenue and one facing Prospect
Lane) are attached for Agency review.
Christine A. Shingleton
Assistant City Manager
S:\RDA\CC reportWgenda Report 3-4-08_2ndAmendmentProspectVillageDDA.doc
Attachments
1. Resolution No. 08-01
2. Second Amendment to DDA 04-01
3. Sample Parking License Agreements.
ATTACHMENT 1
RESOLUTION NO.08-01
RDA RESOLUTION NO. 08-01
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY, TUSTIN, CALIFORNIA, FINDING
THAT PURSUANT TO SECTION 15162 OF STATE CEQA
GUIDELINES THE SECOND AMENDMENT TO DDA 04-01 IS
WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED
PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT
REPORT ("FEIR")
The Tustin Community Redevelopment Agency (the "Redevelopment Agency") does
hereby resolve as follows:
The Redevelopment Agency finds and determines as follows:
A. That the Second Amendment to DDA 04-01 is considered a "project" pursuant to
the terms of the Califomia Environmental Quality Act.
B. That on May 17, 2004, the Tustin City Council and Tustin Community
Redevelopment Agency certified the Prospect Village Final Environmental Impact
Report ("FEIR"). The FEIR is a project EIR under the Califomia Environmental
Quality Act ("CEQA"). The FEIR considered the potential environmental
impacts associated with the development of the Prospect Village Project including
the Original DDA.
C. That an Environmental Analysis checklist, a copy of which is on file with the
Department of Community Development, was prepared to evaluate the potential
environmental impacts associated with Zone Change 08-001 and the Second
Amendment to DDA 04-01 by and between the Tustin Community Redevelopment
Agency and Prospect Village L. P. The Environmental Analysis checklist
demonstrates that all potential impacts of the project were addressed by the
certified FEIR and no additional impacts have been identified
II. The Tustin Community Redevelopment Agency finds that this project is within the
scope of the previously approved program FEIR and that pursuant to Title 14
California Code of Regulations Sections 15162 and 15168 (c), no new effects
could occur, and no new mitigation measures would be required. Accordingly, no
new environmental document is required by CEQA.
RDA Resolution No 08-01
PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment
Agency held on the 4th day of March, 2008.
JERRY AMANTE
Chairperson
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
ORANGE COUNTY )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the Tustin Community Redevelopment
Agency of the City of Tustin, California, do hereby certify that the whole number of the
members of the Tustin Community Redevelopment Agency of the City of Tustin is five;
that the above and forgoing RDA Resolution No. 08- was duly passed and adopted at
a regular meeting of the Tustin Community Redevelopment Agency, held on March 4,
2008, by the following vote:
BOARDMEMBER AYES:
BOARDMEMBER NOES:
BOARDMEMBER ABSTAINED:
BOARDMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
RDA Resolution No 08-01
ATTACHMENT 2
SECOND AMENDMENT TO DDA 04-01
SECOND AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (this "Amendment") is entered into as of 2008 (the
"Effective Date") by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY
(as more fully defined in Section 1.4.1 of the Original DDA (as defined below), ("Agency") and
PROSPECT VILLAGE L.P., a California limited partnership (as defined in Section 1.4.2 of the
Original DDA, ("Developer"). The City and the Developer are sometimes referred to herein
individually as a "Party" and collectively as the "Parties."
RECITALS
A. Agency and the Developer entered into that certain Disposition and Development
Agreement dated as of June 21, 2004 (the "Original DDA"), pursuant to which among other
things, the City agreed to sell and the Developer agreed to purchase a Developer Parcel and
amended by that certain First Amendment to the Disposition and Development Agreement dated
as of February 21, 2007 (the "First Amendment"), collectively, the "DDA". Subject to
Entitlements, Developer also agreed to develop and construct a Project and the Parties agreed to
a scope of development for the Project. Initially capitalized terms not defined herein shall have
the respective meanings assigned to such terms in the Original DDA.
B. Pursuant to the Zoning Planned Development Document for the project, the
Original DDA contained restrictions that limit the use of the ground floor along Prospect Avenue
to retail uses and requires owner/proprietor occupancy of all floors of the unit in at least 10 of the
12 units. Modifications of the DDA will provide flexibility to the types of uses along Prospect
Avenue and reduce the number of units requiring owner/proprietor occupancy of all floors of the
unit. These modifications will assist the Developer in marketing the project and the Agency in
accomplishing implementation plan goals established for the Tustin Town Center Project Area.
C. Agency and the Developer each desire to amend the Original DDA as set forth
below. The Original DDA as amended by this Amendment is referred to herein as the
"Agreement."
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated in the operative provisions of this Amendment by this reference and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties
further agree as follows:
1. Modifications
1.1 Section 13 of the DDA is hereby deleted in its entirety and replaced with
the following:
"13. Use Restrictions for Live-Work Units. The Deeds for individual
Live-Work Units shall contain restrictions that: (a) limit the use of the
ground floor of units along Prospect Avenue to retail, commercial service,
or professional office uses provided that no fewer than three of the six
units along Prospect Avenue shall be required to have ground floor uses
that contain retail uses only with deeds for these specific units reflecting
this restriction; and (b) limit the use of the ground floor of units along
Prospect Lane to retail, commercial service or professional office uses
only; and (c) permit the Owner of at least two of the units along Prospect
Avenue as shall be identified by the Developer to Agency before the close
of escrow for any Live-Work-Unit to lease the ground floor portion of the
Live-Work Units without requirements for additional parking
("Unrestricted Units"). Any deed restrictions on ground floor uses in the
Live-Work-Units shall be binding on the Purchaser and all subsequent
Ownership Transferees, for the benefit of the Agency, its successors or
assigns. Prior to Close of Escrow on alive-Work-Unit, the Agency shall
approve the Deed for each Live-Work Unit prior to Close of Escrow for
each unit. "
For the benefit of the other ten (10) Live-Work Units (the "Restricted
Units"), the City and Agency will consider granting Parking Licenses to
the Developer which will be transferable to subsequent Owners/Occupiers
of Live Work Units permitting the Owners to lease the ground floor
portion of their Live-Work Unit for retail, commercial service or
professional office uses as permitted subject to the use restrictions
contained in subsection (a) and (b) above. The Parking License
Agreements will be assigned to each specific Restricted Live-Work Unit
and identify the availability and location of Agency licensed parking to
the Owner based on the size of the ground floor use, the permitted use of
the ground floor (i.e. retail, commercial service, or office use), as
applicable, and the additional parking which would be required for such
uses if the Unit is not Owner/Occupied on the ground floor.
None of the restrictions contained about are designed to reduce the
flexibility available to an Owner of a Live-Work Unit from being an
Owner Occupier of the ground floor space of a Live-Work Unit, subject to
the ground floor use restrictions identified herein.
1.2 Section 2.1.1(b) in Attachment 7 -Scope of Development of the DDA is
hereby deleted in its entirety and replaced with the following:
"(b). Twelve (12) detached owner-occupied live-work residential units ,
with six (6) units each having two levels of residential above
approximately 914 square feet of ground floor retail, commercial service
or professional office space facing on Prospect Avenue as restricted under
Section 13 of the Agreement and six (6) units each having two levels of
residential above approximately 464 square feet of ground floor retail or
professional office space facing on Prospect Lane as restricted under
Section 13 of the Agreement, and all interior streets, drives, walkways and
common area improvements including, but not limited to, hardscape and
landscape improvements for interior courtyards, planting areas and
common area walls, fences and gates; and,"
2. Miscellaneous
2.1 Agreement Ratified. Except as specifically amended or modified herein,
each and every term, covenant and condition of the DDA, as amended is
hereby ratified and shall remain in full force and effect.
2.2 Binding Agreement. This Amendment shall be binding upon and inure to
the benefit of the parties hereto, their legal representatives, successors and
permitted assigns.
2.3 Governing Law. This instrument shall be interpreted and construed in
accordance with the laws of the State of California.
IN WITNESS WHEREOF, Agency and the Developer have executed this Amendment as
of the date first set forth above.
Dated:
APPROVED AS TO FORM
WOODRUFF, SPRADLIN & SMART
By:
Doug Holland, Agency Counsel
Dated:
"AGENCY"
Tustin Community Redevelopment Agency
By:
William Huston, Executive Director
"DEVELOPER"
Prospect Village, L.P., a California Limited
Partnership
Pelican-Tustin, LLC, a California Limited
Liability Company, General and
Managing Partner
By:
John Tillotson, Jr., Member
By:
Daniel Howse, Member
ATTACHMENT 3
SAMPLE PARKING LICENSE AGREEMENTS
CITY OF TUSTIN OFFICIAL
BUSINESS REQUEST
DOCUMENT TO BE RECORDED
AND TO BE EXEMPT FROM
RECORDING FEES PER
GOVERNMENT CODE 6103 AND 27383
Recording requested by and
When recorded mail to:
Tustin Redevelopment Agency
Attention: Assistant City Manager
300 Centennial Way
Tustin, CA 92780
LICENSE AGREEMENT FOR PARKING RIGHTS
This Agreement for parking rights is made this day of , 2008, by and
between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community
redevelopment agency ("Agency"), and Prospect Village LP, a California Limited Partnership ("Licensee"),
collectively the Parties.
RECITALS:
A. Licensee is the owner of the premises located at 276 Prospect Avenue, Tustin, California, as
legally described on Exhibit "A" attached hereto (the "Property"), which Licensee proposes to sell as a
Live-Work Unit pursuant to requirements contained in a Disposition and Development Agreement (the
"DDA") dated June 21, 2004 between the Tustin Community Redevelopment Agency and Prospect Village
LP (the "Project"), as maybe amended from time to time.
B. It is the desire of the Licensee to provide the opportunity for any future owner of the Property to
be able to lease the ground floor of the Property for retail, commercial service, or professional office use,
subject to any use restrictions contained in the DDA, and as to any use restrictions contained in the deed
conveying the unit to a future owner. Although the Property has sufficient parking to accommodate the
parking requirements of a Live-Work Unit where the residential and ground floor area is occupied by the
1
same person, there would be insufficient parking in the event the ground floor the Property is occupied or
used in a manner separate from the residential component of the Property. In the event a future owner of the
Property desires to lease the ground floor of the Property for retail, commercial service, or professional
office use, additional parking would be required to accommodate such lease to conform to requirements of
the City of Tustin.
C. Agency is the owner of an interest in the Stevens Square Parking Structure, which is located on
the easterly side of C Street, southerly of Main Street in the City of Tustin, California. Such interest
includes 81 parking spaces (spaces 133 through 213) ("Agency Parking"), as shown on Exhibit "B" to this
License Agreement.
D. Licensee desires to obtain permission to utilize the Agency Parking to meet any parking
requirement associated with the ground floor use of the Property.
E. Parties acknowledge that parking in the Old Town area of the City is typically provided on
private or public parking facilities at no cost to the general public; thus, the provision of anon-exclusive
license for parking has a de minimus value in the development and utilization of the Project.
AGREEMENT
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Agency grants to Licensee, Licensee accepts from Agency, and the Parties hereby agree
that the ground floor tenants of the Property, and their guests, business invitees and employees may,
pursuant to the terms of this License, have a non-exclusive right to use five (5) parking spaces of Agency
Parking upon the terms and conditions contained in this License Agreement,
2. Agency Parking shall be used only for vehicular parking and for vehicular and pedestrian
ingress and egress to said parking spaces by the tenants of the ground floor of the Property and their guests,
business invitees, and employees.
3. Vehicles owned or operated by tenants of the ground floor of the Property, or their guests,
business invitees or employees, shall be parked in the Agency Parking in accordance with signage and
designations therein.
2
4. Any owner of the Property who leases the ground floor of the Property shall notify the
owner's lessee and the lessee's guests, business invitees, or employees of the availability of the Agency
Parking and shall provide signage within the ground floor of the property indicating that additional parking
is available at Agency Parking and provide general directions. Owner's obligations under this provision
may be assigned in part to Owner's lessee.
5. This License is personal to the Licensee and its successors in interest and their use of the
ground floor of the Property for uses that are restricted pursuant to the zoning requirements on the property
which would require additional parking, and which may be separately leased by the owner of the Property
from use and occupancy by the owner of the Property of residential floors above. If the ground floor is
occupied by the owner and occupant of the residential floors above, no additional parking is required.
6. Licensee or its successors in interest shall not voluntarily assign or encumber its interest in
this License or in the non-exclusive right to use the Agency Parking, or allow any other person or entity
except those expressly prescribed herein to occupy or use all or any part of the Agency Parking, without
obtaining Agency's written consent.
7. Licensee and its successors in interest, and all persons holding or making use of the rights
provided herein, and specifically including the lessees of the ground floor of the Property as they now are
and/or may hereinafter be, and their guests, business invitees, and employees, shall be bound by the
Declaration of Covenants, Conditions, Restrictions and Reservations of Easements for the Steven's Square
Parking Structure, a copy of which was recorded on September 30, 1982, as Instrument Number 82-344856,
Official Records of Orange County, California.
8. Agency may terminate this License Agreement and the non-exclusive rights of Licensee, its
successors in interest, and lessees to use and occupy the spaces designated in this License Agreement upon
ninety (90) days notice or upon an occurrence of default by Licensee or its successors in interest.
9. The failure to perform any provision of this License Agreement if not cured within ten (10)
days after notice has been given by the Agency shall constitute a default by Licensee.
10. If this License Agreement is terminated by either Party, Licensee or its successors in
3
interest shall have ninety (90) days in which to secure and replace the parking spaces provided for in this
License Agreement, or such fewer parking spaces as may be required for occupancy of the ground floor of
the Property or to the extent any modifications to City of Tustin parking requirements result in reduction to
the required parking for the ground floor occupancy of the Property. Such spaces shall be located and
secured in a location from which they can be reasonably used by tenants of the ground floor of the Property,
and their guests, business invitees and employees. Such spaces shall be located in an area which conforms
to City of Tustin parking requirements and shall be subject to the written approval of the Agency.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first
above written.
ATTEST:
By
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By
Douglas Holland,
City Attorney
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY,
a California Community
Redevelopment Agency
By
Executive Director
Prospect Village, L.P. a California
Limited Partnership
Pelican-Tustin, LLC, a California Limited
Liability Company, General and Managing
Partner
By
John Tillotson, Jr. Member
By
Daniel Howse, Member
S:UtDA~Licenses - nonTustinLegacy~Prospect Village Parking Agreement 1-28-08.doc
4
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARKING AGREEMENT
Lot 12 of Tract 16481 in the City of Tustin, County of Orange, State of California,
Miscellaneous Records of Orange County, State of California.
EXHIBIT "B"
STEVEN'S SQUARE PARKING SPACES
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EXHIBIT "B"
'C' 'Nt)ICAIfS C.^.HP AfT P.ACi we cv.~c
CITY OF TUSTIN OFFICIAL
BUSINESS REQUEST
DOCUMENT TO BE RECORDED
AND TO BE EXEMPT FROM
RECORDING FEES PER
GOVERNMENT CODE 6103 AND 27383
Recording requested by and
When recorded mail to:
Tustin Redevelopment Agency
Attention: Assistant City Manager
300 Centennial Way
Tustin, CA 92780
LICENSE AGREEMENT FOR PARKING RIGHTS
This Agreement for parking rights is made this day of 2008, by and
between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community
redevelopment agency ("Agency"), and Prospect Village LP, a California Limited Partnership ("Licensee"),
collectively the Parties.
RECITALS:
A. Licensee is the owner of the premises located at 270 Prospect Avenue, Tustin, California, as
legally described on Exhibit "A" attached hereto (the "Property"), which Licensee proposes to sell as a
Live-Work Unit pursuant to requirements contained in a Disposition and Development Agreement (the
"DDA") dated June 21, 2004 between the Tustin Community Redevelopment Agency and Prospect Village
LP (the "Project"), as may be amended from time to time.
B. It is the desire of the Licensee to provide the opportunity for any future owner of the Property to
be able to lease the ground floor of the Property for retail, commercial service, or professional office use,
subject to any use restrictions contained in the DDA, and as to any use restrictions contained in the deed
conveying the unit to a future owner. Although the Property has sufficient parking to accommodate the
parking requirements of a Live-Work Unit where the residential and ground floor area is occupied by the
1
same person, there would be insufficient parking in the event the ground floor the Property is occupied or
used in a manner separate from the residential component of the Property. In the event a future owner of the
Property desires to lease the ground floor of the Property for retail, commercial service, or professional
office use, additional parking would be required to accommodate such lease to conform to requirements of
the City of Tustin.
C. Agency is the owner of an interest in the Stevens Square Parking Structure, which is located on
the easterly side of C Street, southerly of Main Street in the City of Tustin, California. Such interest
includes 81 parking spaces (spaces 133 through 213) ("Agency Parking"), as shown on Exhibit "B" to this
License Agreement.
D. Licensee desires to obtain permission to utilize the Agency Parking to meet any parking
requirement associated with the ground floor use of the Property.
E. Parties acknowledge that parking in the Old Town area of the City is typically provided on
private or public parking facilities at no cost to the general public; thus, the provision of anon-exclusive
license for parking has a de minimus value in the development and utilization of the Project.
AGREEMENT
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Agency grants to Licensee, Licensee accepts from Agency, and the Parties hereby agree
that the ground floor tenants of the Property, and their guests, business invitees and employees may,
pursuant to the terms of this License, have anon-exclusive right to use three (3) parking spaces of Agency
Parking upon the terms and conditions contained in this License Agreement,
2. Agency Parking shall be used only for vehicular parking and for vehicular and pedestrian
ingress and egress to said parking spaces by the tenants of the ground floor of the Property and their guests,
business invitees, and employees.
3. Vehicles owned or operated by tenants of the ground floor of the Property, or their guests,
business invitees or employees, shall be parked in the Agency Parking in accordance with signage and
designations therein.
2
4. Any owner of the Property who leases the ground floor of the Property shall notify the
owner's lessee and the lessee's guests, business invitees, or employees of the availability of the Agency
Parking and shall provide signage within the ground floor of the property indicating that additional parking
is available at Agency Parking and provide general directions. Owner's obligations under this provision
maybe assigned in part to Owenr's lessee.
5. This License is personal to the Licensee and its successors in interest and their use of the
ground floor of the Property for uses that are restricted pursuant to the zoning requirements on the property
which would require additional parking, and which may be separately leased by the owner of the Property
from use and occupancy by the owner of the Property of residential floors above. If the ground floor is
occupied by the owner and occupant of the residential floors above, no additional parking is required.
6. Licensee or its successors in interest shall not voluntarily assign or encumber its interest in
this License or in the non-exclusive right to use the Agency Parking, or allow any other person or entity
except those expressly prescribed herein to occupy or use all or any part of the Agency Parking, without
obtaining Agency's written consent.
7. Licensee and its successors in interest, and all persons holding or making use of the rights
provided herein, and specifically including the lessees of the ground floor of the Property as they now are
and/or may hereinafter be, and their guests, business invitees, and employees, shall be bound by the
Declaration of Covenants, Conditions, Restrictions and Reservations of Easements for the Steven's Square
Parking Structure, a copy of which was recorded on September 30, 1982, as Instrument Number 82-344856,
Official Records of Orange County, California.
8. Agency may terminate this License Agreement and the non-exclusive rights of Licensee, its
successors in interest, and lessees to use and occupy the spaces designated in this License Agreement upon
ninety (90) days notice or upon an occurrence of default by Licensee or its successors in interest.
9. The failure to perform any provision of this License Agreement if not cured within ten (10)
days after notice has been given by the Agency shall constitute a default by Licensee.
10. If this License Agreement is terminated by either Party, Licensee or its successors in
3
interest shall have ninety (90) days in which to secure and replace the parking spaces provided for in this
License Agreement, or such fewer parking spaces as may be required for occupancy of the ground floor of
the Property or to the extent any modifications to City of Tustin parking requirements result in reduction to
the required parking for the ground floor occupancy of the Property. Such spaces shall be located and
secured in a location from which they can be reasonably used by tenants of the ground floor of the Property,
and their guests, business invitees and employees. Such spaces shall be located in an area which conforms
to City of Tustin parking requirements and shall be subject to the written approval of the Agency.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first
above written.
ATTEST:
By
Pamela Stoker
City Clerk
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY,
a California Community
Redevelopment Agency
By
Executive Director
APPROVED AS TO FORM:
By
Douglas Holland,
City Attorney
Prospect Village, L.P. a California
Limited Partnership
Pelican-Tustin, LLC, a California Limited
Liability Company, General and Managing
Partner
By John Tillotson, Jr. Member
By Daniel Howse, Member
S:\RDA\L,icenses - nonTustinLegacy\Prospect Village Parking Agreement 1-28-08.doc
4
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARKING AGREEMENT
Lot 7 of Tract 16481 in the City of Tustin, County of Orange, State of California,
Miscellaneous Records of Orange County, State of California.
EXHIBIT "B"
STEVEN'S SQUARE PARKING SPACES
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~'rtEET 8 OF 9
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CONDOMI ~~ I UM PLANS FOR
PARCEL MAP -NO • 82--1 026
PARKING PLAN UPPER lEvEl
EXHIBIT "B'~
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