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HomeMy WebLinkAboutPP 24; PLAZA CAMINO REAL; Precise Plan (PP)Illl~II __ 'f""""'ft_'_._. _. __ ................ _. _________ .. ,..::;; .... ~u P Ph., HTA L Iii Fa RI·IA Tl OIJ F ORI·I _ SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP P LAN NED UN IT D EVE LOP Iv! E NT / SIT [ D EVE LO P ~1l:N T P LAN -SP~CIAL USE PERMIT 1. 'Gross Acres (or s~uare fbotage if less than acre) 85+ acres 2 . Number of Lots 29 --------------------~------------------------~- 3 ... ,Tipe of Development Commercial "[Residential, Commel~ci,al, Industrial) 4. Pre sen t Z 0 n e_-'C:::...-...::2::..-__________ P r 0 p 0 sed Z 0 n e --:-::c--,--- (if changerequested).' 5. General Plan Land Use Designation Shbpping Center j 6. SouTee of \'iater Supply Carlsbad Municipal Water Distric-:::..;t~_ , 7 . 8. 9 . Method of Sew~ge Qisposal City,of Carlsbad Sewer , I Types of Protective Covenants to be Recorded A portion of the tract! is already subj eet to a shopp; ng center' cons~rllc.t.io-n.-Q.P.eratio,lL and reciprocaL easement' agreement. This agreement will beamel].9~d t_~ cover all of the tract except for Lot 29. ~ T ran s p or tat ion 1'10 des A v ail a b 1 e to S e r vic e the D eve lop In e n t _____ _ ,,. Automobile and bus ________ ~~ '------'-----...,.--:' 10. If re&idential deve~0pment,please complete the following: 'a) School District Serving the property b ) , Are s c h 0 0 1 f a c i 1 i tie s cap a b 1 e 0 f s e r v i n g t his pro je c t : __ _ (Written cohfirmation of this requirement must be received by the Planning 'Department at least one week pri~r to Planning Com~ission h~aring. If not re'ce'ived by this time the re'quest will be denied.) , " 11. Nethods proposed to reduce sound 1 eve1 s Short-term construction noise impacts, in light of the fact that the site is' adjac:=_~~~o a freeway and removed from residential structures, wil,l not l?_e __ _ significant. ' l? I~ethods Pl~oposed to conserve energy See Attachment "A" Additional sheets may be attached if necessary to answer any of the.': ': above questions. 1 'I ", , . :" '," ".' • AGREEMENT FOR"ENGINEERING SERVICES NECESSARY TO CONDUCT A STUDY TO ANALYZE.THE TRAFFIC IMPACTS TO THE EXISTING STREET SYSTEM CREATED BY THE PROPOSED EL CAMINO REAL SHOPPING PLAZA EXPANSION THIS AGREEM~NT made an~ entered into as of the day of" ~-=-=~--:--7"""--=--' 1977 by and be twee.n WESTON PR I NGLE AN D AS- SaCIATES, hereinafter referred to a~ Consultant, and the CITY OF CARLSBAD, hereinafter referred to as City. WITNESSETH WHEREAS~ the City requires engineering services to conduct a study to ana~yze the traffic impacts to the existing street system created by the proposed El Camino Real Shopping Plaza expansion; and WHEREAS, the City has solicited proposals for assistance; WHEREAS, the Consultant is a firm of professional consul- tants special izing in providing traffic and transportation engineer- ing services to both public and private agencies, has provided con- sulting services to cities and counties in the past, and has an established reputation; and WHEREAS, May Stores Shopping Center, Inc. and the City of Carlsbad have agreed to share'the cost of a traffic study of certain traffic problems ~n connection with the proposed expansion of the Plaza Camino Real Shopping Center; and whereas the City and May Com- pany have agreed that the City wil I contract for a traffic study on behalf of the City and May Company; NOW, THEREFORE, the parties hereunto agree as fol lows: ARTICLE IA. Scope of Services The Consultant will provide the necessary engineering s~r­ vices as outlined below: 1. Compile Existing Data a. Analyze existing traffic volume data and make addi- tional counts wher:e 'necessary. b. Review existing accident reports applicable to the study area. 2. Traffic Projection ind Assignment a. Project traffic for the proposed 450,000 square foot addition. b. Distribut~ traffic along Marron Road and estimate turning movements at proposed access (driveway) locations. c. Establish the number and wi~th of traffic lanes, me- dian channelization (if neces5ary), and any special turning lanes on Marron Road. " I,! • • 3. Geometric Analysis a. Recommend tra'ffic cont'r61 devices (s~op signs, parking prohibiti~ns, turn restrictions, etc.) ,in conjunction with identifying access (drive- way) locations. b. Investigate traffic signalization needs. c. Establish the number and width of traffic lanes, median channel izati'on (if necessary), a'nd any spe- cial turning lanes on Marron Road. 4. Fedestrian Demand a. Evaluate a pedestrian corridor between the two developments north and south of Marron Road. h. Recommend the proper traffic control devices and structures to safely faci I itate pedestrians across Mar r o,n R 0 ad. 5. Prepare report and present recommendations to ~he Plan- ning Commission and the City Council at one meeting each. ARTICLE lB. Additional Scope of Services The Consultant may provide the following services to the May Stores Shopping Centers, (nc., which could logically be integrated with the Scope of Services outl ined in Article lA, and would give the most comprehensive soluti~n to the overall circulation problems: I. Bus and Bicycle Facil ities a. Evaluate bus facilities re~arding ingress and egress. (A~ extremely important aspect to consider is the structural damage to the existing parking lot caused by the wheel loads of the busses.) b. Recommend bus routing. c. Design a loading zone (transfer stat.on). d. Provide storage and routes for bicycles. '2. Parking and Safety Lighting ARTICLE II. a. Redesign parking lot areas affected by the planned pedestrian and bus loading facilities. b. Recommend the n~ces,sary safe street I ighting, for both Marron Road and the internal changes to the parking lot. Scope of City Staff Assistance The City Engineering Department wil I provide up to 40 staff man-hours of assistance at the request of the consultant for research, accident investigation, making records available, etc. ARTICLE ,III. Progress and Completion Services descrIbed herein shall begin promptly following writ- ten authorization by the City. Completion of the work as described in '; if I • • Article IA shall be c~mpleted within three (3) calendar months. (Ar- ticle IB should also be compl~ted within the same three (3) months a~ Article IA.) ARTICLE IV. Compensation Fees for services described in Articles IA and IB of this Agreement will be based on rates in letter dated May 24,1977, a copy' of which is attached hereto and incorporated herein by reference, ex- cept that the total fee for engineering services will not exceed the guaranteed maximum fee given in Article V. ARTlC[E V. Guaranteed Maximum Fee The guaranteed maximum fee for services described in Arti- cle IA shal I be $3,600.00. The guaranteed maximum fee for services described in Arti- cle IB shall be $600.00, which must be entirely paid by the May Stores Shopping Centers, Inc. ' ARTICLE VI. Payment of Fees Charges determined on the basis set forth in Article IV shall be paid monthly, based on the percentage of the total project completed. ARTICLE VII. Respons ib iIi ty of Consu I tant ~he Consultant is employed herein to render a professiQ~al service only, and any payment~ to him are compensBtion solely for such services as he may render and recommendations he may make in the course of this project. ARTICLE VIII. C~anges in the Scope of the Project If conditions beyond the control of the Consultant necessi- tate a change in scope of the project after work under Article IA has commenced, the Consultant shall submit his estimate of increased costs to the City Manager for approval prior to undertaking any additional work. ARTICLE IX. Suspension or Terminatio~ of Services The City shall have the right to terminate this Agreement and the work done under it at any time without cause by giving the Consul- tant a notice in writing. , In the event of termination, the Cons~ltant shall be paid'for the work accompl ished to the date of termination in accordance with Article IV. Upon request of the tity, the Consultant shall assemble the work product and put the same in proper order for proper fil ing and ~losing and deliver said product to the City. ARTICLE X. Status of Consultant The Consultant will perform the services prov~ded for herein in his own way as an independent contractor in pursuit of his indepen- dent calling and not as an employee of the City; he shall be under the control of the City only as to the r~sult accomplished and per~onnel assigned to project. '"\ .' '/. i '" " • • ARTICLE XI. Confarmity to Legal Requirements The Consultant shall cause all drawings, recommendations, and specifications to conform to all applicable requirements of law, Federal, State, and .local. He shall provide the necessary copies of such drawings, recommendations, and specifications, together with all necessary supporting documents, to be filed with any agencies whose approval is necessary. ARTICLE XII. Ownership of Documen~s All maps, studies, sketches, work sheets, and documents as herein required are the property of the City whether the work for which they are made be executed or not. fn the event th,is contract is terminated, all documents, plans, work sheets, e·tc., shall be de- liVered forthwith to the City. ARTICLE XIII. Assignment of Contract The Consultant shall not assign this contract or any part thereof or any monies due or ~o be~ome due thereunder without the prior' written consent of the City Public Works Administrator. ARTICLE XIV. Subcontractor The Consultant shall not subcontract any of the work to be performed under this Agreement. ARTICLE XV. Prohibited In~erest No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve this contract shall become directly or indirectly interested personally in this contract or any part thereof. ARTICLE XVI. Verbal Agreement or Conversation No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract sha~l affect or modify any of the terms or obI igations herein contained, nor such verbal agreement or conversation entitle the Consultant to any additional pa'yment whatsoever under the terms of this contract. ARTICLE XVI I. Hold Harmless Agreem~nt The City, its agents, officers, and employees sball not be liable for any claims, li'abilities, penalties, fines, or for any dam- age to goods, properties, or effects of any person whatever, nor for personal injuries to or death of -them caused by or' resulting from or claimed to have been caused by or resulting from any act or omission of Consultant or his agents, employees, or representatives. Consul- tant further agrees to indemnify and save free and harmless the City ~nd its authorized agents, officers, and employees against any of the foregoing liabilities and claims therefor, and any cost and ex- pense that is incurred by the City on·account of any claim the·refor, including claims by reason of alleged defects in the plans and spe~i­ fications. ARTICLE XVI I I. Effective Date This contract shall be effective on and from the day and year first above written. , '/" t " ii,' , I~ ,", I' 'I .' I • IN WITN~SS WHEREOF, we have hereunto set our hands and seals. CITY OF CARLSBAD ATTEST: By~~~-= __ ~~~ __ ~ ____________ ___ ROBERT C. FRAZEE, Mayor MARGARET E. ADAMS, City Clerk WESTON PRINGLE AND ASSOCIATES APPROVED AS TO FORM: By ________________________________ ___ VINCENT F. BIONDO, JR., City Attorney \ \ '. ,'-'\1:, _ ' -::-,',' ," .~ . "",.,':~'.,">:, <"', t,"', '. _. ~'. ," .': " , "' .. .c ",", -." ,I, . :,'"" "", .. ~-'--. . ':. '~ -." ~ .. ~,' -" ., . -~'. '~"'. " -~ \ .. ~ '. ,..,,' : -. ; .'. .~ This Agreement is made this 5th' , day of Novembe~ , 1975 by and bebleen the City of Carlsbad, Cal,ifornia (the "City") I the Parking Authority of the City of Carlsbad, (·the IIParking -. . ~ "\ ·L ..... ..-.. p .:~' ..... ~. -ttJ-~to.. ~~f't,;:~~~~~~~..,..~ d-t~l..-\~~ ~ .$- Authorityll) and Plaza Camino Real, a 'Cali~ornia limiteg'partner-: ship ("Developer.II ). WITNESSETH WHEREAS, in 1969 and 1970, Develope~ opened Plaza Camino Real, a biO-level enclosed mall r,egional shopping ,center (the' IICenter") situated in the City. The Center serves the City and surrot:.nding areas thl;ough larg'e May Co. and J. C. Penney depart- ment stores ana a,!:proxirna.teJ..y 65 mal;t "Stqre's i ,and " WHEREAS, Develope.r proposes tp expand the Center to the 'Westl said expansion to result ,in the construction of a two-level Sears department s'tore anc1 a three-level Broadvmy· department store I together with an'extension of the'two-level'enclosed mall involving the cqnstruction 'of 130 1 000 square feet of new mall stores; and . " . . . ~ "WHEREAS r fmc~ constru~ti,6n will 'necessitate an expansion of th~ public parking area mvned b;r ~uthori ty 'ivhich serve's the' existing center; and, " , , .'.- WHEREAS; City, the Parking Authority and the Developer desire to ~ooperate in the construction of additional parking faci:!.i ties. , , Nm'V', 'THEREJ?ORE, the Parties hereto agree, as follows: '.\-- 'I .... : .. ~ -~ .... ! f g:cant dead, equivalent acreage elsewhere in the Center as shown on the Site Plun. . Said acreuge shull be at least equal in area to the land conveyed by 'the Parking lmthority and shull" be improved. . by Developer in the same manner as the land conveyed by the Parki.ng Authority and shall be of at lea,st .eguul value and utility for parking purposes. 2.9' H<;t'rron Road ITttp:covemen'ts. A portion of the Existing Public Parking Area 'i"'hich inter- sects Iwith El Camino Real is known as Marron Road. The connection of:a portion of the New Public Parking Area known as the Marron " . . , Road Exten~ion to Jefferson St~eet will open al~ of 56-called Marron Road to through traffic and necessita"t<= some improvements to the Road. Said improvements must .deal, effectively 'i'li th tra,ffic problems by confrolling access bet'iveen Ha-rron -Road and the balance .. of the Existing Public Parking Area 1 and \'li th pedestrian problem::; alcing Marron Road 'and between the theater on the south side of Marron Road and the Existing Public Parking Ar~a. -City shall accomplish ·an Engineering Study of the traf~ic • / . and pedestrian'problems. City may contract for such study vlith , , an ~ndependent consultant. Developer upon receipt'df a written . reqnest from Ci tJ; shall pay to City one ha'lf of the .cost of said ! " . study. City shall determine based on such study tho~e improve- ments neC?essary to mitigate the traffic and pedestrian problems. ' 7Developer upon receipt of a 'ivritten request from City shali deposit one half.of the estimated cost of the traffic. improvements. City 2.6 " .... / . .: . ~ .... '. " , '. shall construct or cause the construction of said improvements .. · Upon completion city shall notify Developer of the cost of said improvements. City shall retu:r:n to pev~loper any part of his deposit in excess of one half of the cost o'f said improvements. If one half of the cost of said improvement exce~ds Developer's , deposit, Developer upon vlf.: tten request fr.om City shall pay the amount of. such excess to City:, '. Developer shall be responsible for all improvements neceSsary to resolve pe~es~rian problems, which shall be accomplished to the satisfaction of City; provided the costs of su~h improvements, to be paid by Developer, shall' not exceed the cost of a fully actuated signal interconnected-to the signals at the intersection of Marron Road and El Camino Real. ~he t~me for completion of all improvements required by this section shall be at the discretion of City. .. .. , , '-' , I' , ", ~ .' ..•.. '. , " ": .. ' . ' ... ~. ". , ~-'~,,. '-' . :"": . ARTICLE I " ~.,:", '. DEVELOPMENT PLANS AND .APPROVALS ;:", '1"1 Incorp'Oration of Site Plan. Attached to this Agreement as Exhibit A and made a part r-ereof is a site plan of the CenteI:' prepared by Shuirman & Rogoway and bearing a last' rev-ision date of Sept~inber 27, 1975 (the "Site Plan"). Among other things, the Site Plan shows; . , " (a) The existing department stores, mall stores and mall. . (b) The public parking area now owned. by the Parking Imthority (the IIExisting Pub~ic Parki!ig'Areall ). (c) ')~he parking area 'in the Center' that is presently owned by Developer. (d) Land to be added to the Center in connection with the expansion. (e) The location of .the Sears and Broadway stores, " , the location ,of the extended. enclosed ·mall and the location of the .new mall stores. (f) The' parking .area' in the Center to be acquired by :the Parking Authority under the ter~s ~f this Agreement, including the proposed connection of the new public parking area to . Jefferson street (the "New 'Public Park~ng Area") • 1~2 'Refinement of Site Plan. Dev~loper·,. the City and the Parking Autho·r;i. ty realize the Si te 'Plan may be refined as :the planni~1g process proceeds and 1.1 l' .. • • •••••• . .r: ,. , .. : '. :.-"':, ";.-~< . ~,-':;.'- ,-' -', -"1 ,' .. .' that this refinement may .result in cha~ge~ in building locations and sizes, tract sizes, the parking ratio, the location of interior' roadways and so forth. No' such change will impair the obiigations of the Parties under this ~greementi provided, however, . Developer shall make no change in the' Site PI~n unle~s it secures. the City's consent' to the change. City shall not unreasonably withhold its '.Jt, consent. 1. 3 Grad·ing and Preliminary Cons truction. Upon approval of this Agreement and after Developer has secuied all necessary ~pprovals including,. but ~ot limited to, processing under T:l:tle 20 of the Ca~lsbad Municipal Code and a grading permit, grading for the project m?ty be accomplished in accord. with the Site Plan.. Developer may al$.o construct the pro- posed connection of the New Public Parking Area. to Jefferson Stree't:.·.· Such ·construc·tion shall be in accord "\'li th Permit· No. Fl336 issued by the San Diego Coast ·Regional Commission • . '1.4 Precise p'lan of Development. No building permit shall be issued for any use in the area . cov~;red by the Si.te Plan unt~l C:Lty has approved a Precise Plan .. of.' Development pursuant ~o this Section. Developer shall prepare . ., the plap and subn:ti t .it; to the P lann,ing Department. .The· plan shall be forwarded ''lith recommendations to th'e City CoU:ncil .. foF . their consideration and approval, con~itional approv~l, modification 9r , .. dis a pprov a I ;. Th~e_~p!..l1~a:unl-!s§.h!.!§.a..JI..!I:...-J;;au,dJ.Q...[.;.I;;;l.~-t::-i.~;l-l1l-L.~~ sununarized in Commission Re~oiution No. in .. the Plannihg Department of City and incorporated by reference hereii1' . 1.2 . " . . . ...• ' ..... , .. . ,~. ,.'.- '. --. .. ~!7 _ :.': " ~ ..... . -., .. . -, ~': ., ' . -. ' or as more fully set out in Environment'a,l Impact. Repo,rt EIR-295 as certified by City on October 7, 19}5. • > The development shall be ~ubject to the·::;tandards required in .the underlying zone. In. addition the City council in approving 'the Precise Plan of Development may impose conditions or requir~-. ments that include provisions for, but are 'not l'imitecf"')to:':!:'s'etbacks; yards, open space, building height·anq bulk, fences, walls, sign regulations, landscaping, grading, public dedications, public improvements, timing or phasing of development! regulation of interior roadvlaYs, points of ingress' and egress, environmental. . . , i~p~ct mitigation measures, and such other conditions deemed necessary to insure the development conforms to the General Plan and other. adopted policies, goals or objectives of the City. " " 1.3 -' '. -;,' .. \ \ ... , ' " . '. ,', . ARTICLE 2 • -,I, •• ' NE\\T PUBLIC PARKING AREA .. ' , .' 2.1 Construction ,of New Public Parking Area. Upon their completion, Developer sl)aLI" submit plans and specifications for the New Public Parking Are'a to the Cit.y for its approval. Developer w:i.'ll adverti'se for bids in aC9;ord .. ,·w!~:th, """ .. ,r,' City procedures and upon receipt 6f the bids; ,DeveloJ!~r will let the construction contract to the· lowest responsible bidder after first s~curing the City's approval to such letting. , . The cons,truction contract will require completion of :const"ruction in accordance with the approved 'plans and specifi- cations within six months of the ,awa~~i6g o~ bids. 2.2 Connection to Jefferson Street. A portion of the New Public Parking Area will include Q connection to Jefferson Street '(herein called the "Marron Road Extension") I which will be located as shown on t~e Site Plan. ," The Harron 'Road Extension" will incliide, an appropriate, realign-:- meht and traffic signalization of Jefferson Street" at the Mar~oA Road Extension -J~fferson Street intersection. Developer shall .. acquire the title to ali 'property necessary for the Marron Road , " 'Ex't:ension prior to the' conunenc.ement of construction. 2.3 Permit from Coastal Commission. The City is presently in J;:"eceipt of a permit from the California Coastal Commission, No. F1336, which a~lows construction of the M"arron·Road Extension. On Jupe .. 6, 1975 said permit was ex,tended , I I I (~). . i , i I • I .' • . . . •• -, ., :.--"' ... ---~ - -~-. . . -.. :.- .' -., ~;:' . -, . for one year from the original expira.tion date of the p.ermit. Developer shall comply with' all terms and conditions of said permit. 2.4 Equitable Contributions by Adj oining Land O,';ners._ Developer ~grees to·guara.ntee to City that the Owners of property, which is not part of the 'New Public Pa.rking Area, vlhich will benefit from the construction of the New Public Parking Area, including the Marron Road Extension, ~ill contribute to the costs thereof. Attached to this Agreement, as Exhibit B, and made a'part hereof, is a map ~howing the proposed construction'and identifying the 'benefiting properties . .Prior to the conveyance of the New Public l?c:.rking Area to the Parking Authority in accord with Section 2.5 of the , Ag~eement, Developer shall furnish to City agreements in a form 'acceptable to City, providing for a contributio~ for curbs, gutter, sidewalks, one traffic lane, streetlights and ~ate~line at an agreed cost of $45.00 per front foot from each owner of , benefiting property as shown on Exhibit B. Said agreements shall be secured by a lien on each property in favor'of ,City; the lien to be callable by City'when development on tqe property occurs. For properties north of'Marron Road development is ,defined as the application for any City permit for any portion of the property. For properties south of Marron Road development is defined as the application for any C-ity permit for activity . ' .. 2.2 @,. . ' " . -,'-:' " . • in Units D,E & F of the Master Development Plan for Hosp Grove, ,Kamar Construction Co., Inc.,' dated,' Revised December 9, 1969, on file in the office of the Planning Depa~tment of City and' incorporated by ,reference herein. Any l~ens not called by City when this 'Agreement termina~es shall be released by City.' " : ~he amount to be paid by the Pa,rking Authority pursuant to Section 2.5' of this Agreement shall be r~ducedby:' th({"'amouni:" of $ 45.00 , per front foot for all or any part of property to the north of Marron Road f.or whic'h su'ch agreement and lien 'are not forthcoming. The P~rties recognize that Developer may have more difficulty in securing the agreement required by this section from owners . , of thEY prope:r;t:( to the south of the Marron Road Extension tha~1 from those to the north. Therefore, the amount to be paid by the Parking ~uthority pursuant to Section 2.5 of this Agreement shall be reduced by, the amount of $~ __ 1_1_._2_5 ________ ~per front foot for all or any part of properties to the south o~ Marron Road. The properties south of Marron Road are identified on , . ~xhibit B, as Assessor~sParcel Numbers 156-080-10, 156-080-11~ 156-080:"12, 156~0 80-14 an,d 156-080-15.' T11e balance of the prope,rties identified on Exhibit B shall constitute properties north of Marron Road for the purposes of this'section. , , 2.5 Conveyance of ~ew Public Parking Area. Up~n completion of the New Public Parking Area but prior to its use as a parking facility, De\Te10p~r shall cause the ,New ., . Public Parking Area (i.e. land plus the paving and other improve- ,ments thereon) to be conveyed t:o the ~arkirig Au-t:hority. by gran't ' . ' , , deed, and the Parking Authority sha'll accept this conveyanee. 2.3 . " " ., '" -----'-~ .... " The grant deed shall cont~in provisions simiiar in s~bstance to those. set out in the grant deed dated October 21, 1969, and recorded on October 21, 1969, 'with the San Diego Coun-ty Recorder as Documen·t No. 193480 whereby deve~oper conveyed the existing public· parking area to the Parking A-q.thori·ty.. Upon the opening for business ·of the Sears and Broadway· department stores and a majority of the new m8ll stores, w~en City has received and accepted the a~reements contemplated by ~ection 2.4 of this Agreement, after the Parking Authority has·sold bonds in accord- ance with ·Section 3.1 of this Agreement, and·after the Lease.ahd Maintenance Agreements have been executed in·accQrdance with .. Sections 2.6 and 2.7 of this Agreement., the Par!d~g Authority shall pay Developer. as consideration for the conveyance an ruaount . . ." equal to the actual sums exper..dcd·to ccnstruct the New Parking Area improv~ments but in no event more than the net J?roceeds. of the bonds sold in accordance with Sect~on 3.1 of this ~greement. In the event that the Sears. and Broadwa¥ department stores . and the majority of other mall stores are not open for .business within two years after completion of the New Public ?arking Area, .the Parking Authority shall reconvey the New Public Parking Area to Developer .and this Agreement shall terminate.· . .,' : 2.6 tease of New Public ·Parking Area. When it acquires the New Public Parking Area, the ·Parking· Authority wil.1 immediately 'lease the sam<? to the City under terms and conditions (except for the annual rent) similar to thoBe set out in the instrUment dated August ·21, 1969 wh~reby the Parking , . . '. . ', . ., . -, . . ~, " .•. > " , " . ~, - Authority leases the Existing Public Parki~g Area tb the City. The annual 'rent p'aid by the City for the Ne'w Public Park,ing Area shall be sufficient to pay the principal o'f and interest on the -bonds that'will be sold by tHe Parking Authority' in accordance " with Section 3.1 of this Agreement. 2.7 Operation and Maintenance of Public Parking Areas. When the lease con'templated in Section 2.6 of this Agreement , , is ~perative the City shall enter intg an agreement with the Developer for the operation and maintertance of the New Public Parking Area. In the alternative, the existing Public Parking ,Lot Agreement may be amended to include within its scope the Ne't'l, Public Parking Area ,or the new Agreement' may {nclude the .~. I t A ~h .~. A t b t' . ~ ~ cXls~lng 0 an~ ~.e eXls~lng greemen may e ermlna_e~. In ,any event Deve,loper viill, for the duration of the new or amended , Agreement, and subject to the terms thereof, ,agree to operate and maintain to City standards the New Public Pa~king Area and the existing Public ,Parking Area at no cost to the City or the , ' Parking Authority. ~2.8 Location of Broadway Store on Existing Public Parking Area. As indicated on the Site Plan, the southern portion of the Broadway store, as proposed, will'be located on land that is presently a part of the Existing Public Parking Area. Before , , . construction is commenced on the Bro<;l.dway store arrangemen:ts acceptable to City and the Parking Authority must be made to convey such land to Developer'. As a condition precedent to such conveyance, Developer shall convey'to the Parking Authority by 2.5 . ~ I .F. I' f f' -f I " , , ' i • '. "'--, " gra.nt deed I equivalent acreage .else'ivhere "ii1 ,the 'Cen'ter as' sh~wn , , , " on the Site ~lan. Said 'acreage shal~ be at least equal in area to the land conveyed by the Parking Authority and shall be 'improved by Developer in the same manner as the land conveyed'by the Parking'Authority and shall be of at least equal value and utility for parking purposes. 2.9 Harron Road Improvements. A,portion of the Existing Public Parking Area which inter- sects with El Camino Real is known as Marron Road. The ,connection of a portion of the New Public Parking Area known as the Marron Road Exten~ion to Jefferson Street will open 'all of so-called Marron Road t:o through traffic and necessitate f30me improvemel''l.-ts to th.e Road. -Said i.mprovements must ,deal effectively \vith traffic problems by controlling access between Marron Road and the balal}ce, of the Exis,ting Public Parking Area 1 and wi th pedestr~an problems along ~arron Road 'and between the theater on the south side of Marron Road and the,Existing Public Parking Area.' City shall accomplish an Engineering Study of the traffic and pedestrian problems. Ci,ty may contrac't for such study vli th an:independent consultant. Developer upon receipt'of a written request from City shall pay to City one half of the.cost of said ! ,study., City shall determine based on such s~udy those improve- ments necessary to mitigate the traffic and pedestrian pro'blems. Develorer upon receipt of a written request from City shall deposit one half of the estimated 'cost of ,the tr~ffic' imp,rovements. C;i. ty 2.6 • 'a" -,. !, .,.~.', , .' shall construct or cause the construction of said imprqvements. Upon completion City shall notify Developer 'of the cost Qf said' improv~ments. City shall retux:n :to I?eveloper any par,t of his depbs.i t, in excess of one half of 'the cost of, said improvemen'ts. If one half of t;he cost of said improvement exce,eos DeVeloper IS . .' ,-~. ... -.... ' ~ ~ ' ..... ~ deposit, Developer upon' v,T'(i tten request from City shall pay the amount o~ such excess to City. ; Developer shall be responsible for all improvements necessary r. to resolve pedestrian problems, vlhich shall be accomplished to the satisfaction of City; provided the costs of such improvements, to be paid by Developer, shall not exceed the cost of a fully actuated signal interconnected to the signals at the intersection of Marron Road and EI Camino Real. ,The t~me for completion ~f all improvements required' by this section shall be at the discretion of City. " , ",-. -.: :,,">.,' _ .• ;, l' FINANCING -OF NEvl PUBLIC PARKING AREA 3.1 Sale of Bonds by Parking Authority. The Parking Authority wlll sell bonds in the face amount of $1,500,000.00 or such lesser-amount as may be' required to enable the Parking Authority to make the payment to' Devel~per:~~;'~~~ui~~d by Sec.;·ti6n 2.5 of this Agreement. All expenses of the bond sale including, but not limited to, fees for Bond Counsel and a ~ ." Fina~c~a~ Consultant will be paid 6y the Parking Authority from the proceeds of the bond sale. The Parking Authority will use' the net bond proceeds to purchase the Ne'iv Public Parking Area in accord wi £h Section ·2.5 of this Agree.ment. The timing and manner of the .bond saie shall be at the _dis'cretion of. the Parking Auth?rity, provided tIl:e sale shall occur in .a timely manner to enable Parking Authori-ty to make the payment -required by Sec-tion 2.5 of this Agreement. 3.2 Obligation to Place Bonds. If the Parking Authority is unable to sell the bonds, then Developer shall find a buyer for them. The buyer shall be entitled to J?urchase such·bonds at the maximum interest rate permitted. by law. 3.3 Revenues to Cover Debt Service on-Bond Issues. If, on the last day of any fiscal year, the sales tax revenues received by the Cit:.y and attributable to the Center are less than the lease payments paid by Ci·ty "to <~he. Parking Authority 3-.1" @ •• ,r • ',' .'.' '," . .,(. " ' for the Existing ,Public Parking Area ahd for the,New·Public 'Parking Area, then Developer shall, on the request of the City, pay the' City the difference between' such amounts.. If said tax revenu~s exceed s~id lea~e payments in an~ fiscal year subsequent to a year in wh~ch Develop~r is ,required to, make a paym,en.t. t~ " _' the City pursuant to thic section City shall reimburse Developer from such excess revenues but' only to the extent that the cumul!1- tive revenues received by the City through such year exceed the , cumulative debt service, payme~ts'required by the'bqnds through ,such year.' Any obligation 'on 'the part of the Cl ty to make pay~ents ~ursuant to this section shall terminate upon retire- ment of the bonds sold 'pursuant to this Agreement. " 3.2 . ! L , I L I: ( , , " • '-' ARTICLE 4 . ' CONDITIONS PRECEDENT • ,< 4.1 List of Conditions and Deadline Dates. The obligations of the City, the ,Parking Authority and " ,'~Aveloper to p~oceed this Agreement are subject to the fulfill- ment of the following, conditions. The date by which each con- dition must be fulfilled is set out in the parenthetical clause immediately following the condition. (a) , Developer delivers to the City a letter from Sears, satisfactory t~ the City, wherein Sears commits itself to open -a store in the expanded C~nter ( Harch 1,,1976 ). (b) The Ci,ty and the Parking Authority receive , . from their counsel an opinion stating that the transactions herein contemplated on the part of the City and the Parking Authority may be consummated under existing law ( March I, 1976 ). (G) All environmental impact reports and similar , . . instruments relating to the expansion have been filed, and all " nece,ssary governmental clearances, permits and so forth in connec- . tion there'\vi th have been' issued to the City, the Parking Autlfori ty or the Developer, as the case may be' ( March I, 1976 ,). (d) Developer has in hand enforceable agreements whereby it or the Parking Authority can acquire :title to the land underlying the new Public Parking A~ea 'including the Marron Roa'd Extension ( Mal;ch I, 19,76 ' ).' 4.1 @." , , , , "'. • --' ':", " ..., . ,- '.', .. " . : . ' , , . '.' , . ,(e) The Parking Authority receives a H.uling from the Internal Revenue Service stating that all interest paid op the bonds described in Section 3.1 w~ll b~ exempt from federal income taxes '(,\<lithin ~ 0 days' of the comple'tion of all documents,). (f) Developer delivers to the City and the Parking . "' ...... ,. , ~l.l,tho:ci ty a time schedule outlining the principal steps that will be taken to accomplish,the expansion of the Center ( February I, 1976 ). 'When' all Section 4.1 conditions have been satisfied, 'the Parties' shall be obligated to 'proceed under this Agreement. Any , , of the-dates in this section may be modified by mutual agreement. The City' Manager of City may execute on behalf of City any amend- -ment to this Agreement necess'ary to, accompli:sb said moa.ification. Nothing herein precludes any Party from waiving any Section. , r ,4.1 conq.i tion applicable to it or from proceeding to sat,isfy "'hat would otherwise be its obligations under other provisions' of this , " Agreement before the Section 4.1 conditions are fulfilled; provided, , hb"t'leve~, in this latter event, such Party shall pr:oc'ee~ at its sole risk and expense. 4.2. Reasonable Efforts to Satisfy Conditions. Each Party shall immediately commence and shall. thereafter continually exert reasonable and prudent efforts to cause those ·Section 4.1 co~ditions, applicable to it to be satisfied on or before the applicable deadline dates; provided, however, no 4.2 .', '@'" .' ". • .' .' ' ,.' , ' .... " .. ' " ' " " " failure to cause any of these.conditions ·to be time1Y .. satisfied shall constitute a default under this Agr~ement . . 4. 3 .. Condi tions of Termina tian . If ·the construction of the New Puhlic Parking Area, as pro- vided in Section 2.1 of the Agreement, is not completed within 5 . years 'of .the date of the el::ecution of this Agreement f such Agree- ment shall terminate and be of no further force and effect. The provisions .of the section shall be in addition to a,ny. other , conditions of termination provided in this Agreement. , : 4.3 ., . II I' . r. •• • ••• ; ." ARTICLE 5 .-.', GENERAL PROVISIONS .5.1 Developer to Provide Funds to Implement Agreement . . Dev~loper shall pay all fees,'charges and other out-of- pocket costs I except ~or fees of a·ttorneys and ?th.ers who are directly retained by the City or the Parking A-qthority, incurred . . in implementing this Agreement. 5.2 Cooperation. , Because of rapidly rising construction costs and other , fac'tors I time is of the essence of this Agreement and accordingly the Parties shal~ make every reasonable effort to expedite the subject matter th~reof. 5~3 Force Majeure. De~eloper shall be excused from performing its obiigations hereunder to' commence or complete construction by specified dates so long as performance is prevented. or delayed by. acts of God, strikes or other causes not within Developer's control. 5.4 Notices. All notices, correspondence and other communications to be made 'by any Party to this Agreement shall be' made as follows: City/Parking Autho'rity' City Manager City of Carlsbad 1200 Elm Avenue . Carlsbad, CA 92008 5.5 Cobnterparts. Developer The May "Stores 'Shopping Cent~rs, Inc. 10738 West Pico Blvd;-Suite 1 Los Angeles, CA 90064 This Agre~ment may be executed in co_unte~.parts, and upon· executjon thereof by all of the .Parties her~to, .each such counter- -5.1 ,-• :' ..... vart shall be deemed to be an original~ 5.6 Termination. " This Agreement shall term.inate when the bonds sold in , accordance with Section 3.1' of this Agreement are retired. IN WITNE,SS WHEREOF, the City, the Parking Authorj:ty and Developer have signed this Agreement as of the day and year first above written. A'l'TEST: CITY OF CARLSBAD By )fJ4eJ-C~~_. , , Mayor , ' ~??~-.-, Clerk!. , , h:rTEST: THE OF TIm CI'l'Y 7lfr~~ ATTEST: ' PLAZA CAMINO Partnership, By The May, Stores Shopping Centers,Inc .. I~" er~l Partner '-::;:;';;:;..,4:-=;=-.", B city 5.-2 ..... : .• ! ~----~.,,--- , ..• t .• ' , . EXHIBIT "A" SECOND' SUPPLEHEWr TO AGREEMENT 'FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPJNG CENTER This Agreement i~ made this 11th day of _'-"-:'.;,..:M..;;:;.a..:LY ___ ' 1976 by and between the City of"Carlsbad, California (th~ "City"), the Parking Authori~y of the City of Carlsbad, (the "Parking Authority") and Plaza Camino Real, a Cqlifornia limited partner- ship ("Dev~loper"). WITNESSETH: WHEREAS~ the parties to this Agreement have heretofore· entered into an Agreement dated November 5, 1975 for axpansion' of the Plaza Camino Real Shopping Cente~. Said Agreement has been amended by a First Supplement thereto dated February 3rd, 1976. The parties wish to. further amend said Agreement in the manner hereinafter set fort~. NOW, THEREFORE, the parties hereto agree as follows: Attac.hed to this g·econ.d Supplemen.t as Exhibit A and made a part hereof is a site plan prepared by Sh"Ulirman-Rogoway & Associates and bearing a last revision date of April 22, 1976. The site plan attached to this Second S.uppleme.!lt is hereby ~ubstit~ted for th~ ~ite plan attached'as Exhibit A to said Agreement. The te'rm "s i tee Plan" 1 as used in said l>~9:'Leement, shall be deemed to refer to the site plan attached to this Second Supplement. All refer·ences in said Agreement 'to a Broadwa.y department " s tore shall be deemed to refer to a Bullock I s department store. -1- .. ", .t \. . . . .", f-.. <. ~,.---""'" -- , . • .. IN WITNESS WHEREOF, the City, ,the Parking Authority and Developer have signed this Agreement as of the day and year ~irst above written. , ' ATTEST: CITY OF "CARLSBAD ATTEST: ATTEST": A L~mi ted Centers, Inc., \ i I I I' I ! "" "", I ,. " r I I -2-" ':r' ,,' . t· :; . '!"" •••• "y' '. . " ..... THIRD SUPPLEMENT +0 AGREEMENT FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPING CENTER This Agreement is made this 16th. day of November 191""§",. by. and between the City of Carlsbad! California (th~ "City"), The Parking Author i ty of the Ci ty of Car lsbad .( the "Par king Author i ty") fo and Plaza Camino Real, a California limited partQership S"Developer"}. WITNESSETH WHEREAS, The parties to this Agre~ment have heretofore entered into an Agreement dated November 5, 1975 for ~xpansion of the Plaza Ca~ino Real Shopping Center. Said Agreement has been 'qmend"ed by a First Supplem~nt thereto dated February 3, 1976 and by a Second .Supplement thereto dated May' 11, 1976.' The Parties wish to further amend said Agreement in the manner hereinafter set forth. NOW, THEREFORE, the parties ~ereto' agree as follows: 1. Attached to ·this Third Supplement'as Exhibit A and'm0de a p~rt hereof is a sit~ plan. prepared by Shuirman-Rogoway & Associates. and bearing·a last· revisiqn date of ·November 16, 1976·. The site plan attached to .this Third Supplement. is hereby substituted fo~ .' the.site plan attached as. Exhibit A to said Agreement. The term "site Plan", as used' in said ·~greem€nt,. shall be deemed .to refer to the site 'plan attached to this Third Supplement. The substitution of' the site plan attached to this Third S~ppleme~t for the sit~ plan attached as Exhibit A to said Agreement s~persedes the similar sub- stitution made 'pursuant to the Second Supplement to said Agreement. 2~ Section 2.2 of Article 2 of the' Agreement dat~d November 5, 1975,' for Expans~on of the pla2a Camino Real Regional Shopping Center, is am€nded to read as .follows: -1- ~C', •• ' .... . . ." .. . ,. -/) .• . . '.-} -. -:. "2.2 Connection to Jefferson.str~et. To serve the New Public parkin~ Area" -Developer . .shall construct a connection from Marron' Road, in the Existing Public Parking Ar~a to Jefferson Street (hereinafter called' the "Marron Road Extension 1/) I \'lh1ch shall be located 'as shown on the site plan. The Marron Road Extension will include an' appropriate realignment and traffic signalization at Jefferson Street at th~ Marron Road Extension -Jefferson Street intersection. Developer commenced construction 9£ the Marron Road Extension in June, 1976. Developer shall forthwith dedicate or cause to be dedicated the portion of the Ma(ron Road Extension.from proposed Monroe, street to and in- eluding th~ Marron Road Extension -Jefferson S~reet intersection, 'as shown 'on the site plan. The ,balance of the Marron Road Exten- . ~ion will ~e part of the New Public parking Area. ~< .• ' 3. Section 2.5 of Article 2 of the' Agreement dated , . November 5, 1975, for-Expansion of the Plaza Camino Real Regional Shopping Center, is amended to read as Iol"lows: "2.5Con~eyance of ~ew Public Parking Area. Upon completion of the New Public Parking Area, but prior , . to its use as a parking facility, Developer shall cause 'the New public Parking Area (f.e •. land' plus the paving and other 'improve- ~ents thereon) to b~ conveyed to .the park~ng A~thority by grant . deed, and the Parki,ng Author i ty shall accept this conveyance. The' grant deed shall ,contain provisions similar in'substance to those set out in the grant deed dated October 21, 1969, 'an6 recorded on October 21, 1969, with the San Die~o Co~rity Recorder' as Document -2- '. ~ ", -.... ~ ;; , ,f ". ! f ,. i , ". '. ) •. --' ....... j . -~ -: ~ . . ,;.,.., ... ~. , No. 193480 whereby Developer conveyed the ~xisting public parki~g areq to the Parking Authority. Upon the opening for business of the ~, ... , .' Sears and Bul1ock'i department stores an~ ~ majority of the new mall stores, 'Vlhen City .has received and accepted. the agreements contemplated by Section 2.4 .of this Agreement, after the parking Authority has sold bonds in accordance with Section 3.1 of this Agreement, and after the Lease and Maintenance Agreements have been exec0ted in accordance with sections 2.:6 and :2.7 of this Agreement, the Parking, Authority shall pay Develope~ as consideration for the conveyance and the impr6vement of. the ~arron'Road Extension and dedication of a· portion thereof pursuant to Section 2.2 of this Agreement an amount equal to·the net ~roceeds of the bonds sold· in accordance with Secti~n 3.1 of this Agreement .. '"' In the event that the Sears and Bullock's department store~'and the majority of other mall stores are not open for busi- ness within two years ~fter completion of the.New Public parking Area, the Parking Autbority ~hall· reconvey the New Public Parking Area to Developer and this' Agreement' shall terminate. IN WITNES~ WHEREOF, th~ City, th~ parking ~uthority and· Developer have.sign?d this Third S~pplement to Agreement as of the day and year first above'~rittert. ·ATXEST: CITY OF CARLSBAD BY~~~ . Clerk' . . . .. . -3- .. ; .' I , , r l. • • . ' ATTEST: .l\TTEST: ~.~~ J ASSISTANT SECRETARY' APPROVED AS TO FORM: Jr. , '. ~r" ", THE ' • AUTHORITY OF, THE CITY CALIFORNIA PLAZA CAMINO REAL, a limited partnership, By: The May Stores Shopping Centers, its Gen;~~par.tner . By 41vrr; ~,., ) PRESIDENT . . . ,.- '.--- .. , , -4- , , r', l' "v~ :i Inc., , I f } i I , , , I ~ I .@.