HomeMy WebLinkAbout1976-10-07; City Council; Resolution 4023RESOLUTION NO, 4023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD,
AUTHORITY AND PLAZA CAMINO REAL FOR A TEMPORARY
ENCROACHMENT ON PARKING AUTHORITY PROPERTY
TO ACCOMPLISH THE SURCHARGE OF A POTENTIAL SITE
FOR A BROADWAY STORE AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT.
THE PARKING
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The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
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1. That that certain agreement between the City of
Carlsbad, the Parking Authority and Plaza Camino Real, dated
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October 5, 1976, for a temporary encroachment on Parking Authority
property to accomplish the surcharge of a potential site for
a Broadway Store, a copy of which is attached hereto as Exhibit A
and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
an ad ourned PASSED, APPROVED AND ADOPTED at / regular meeting of the
City Council of the City of Carlsbad, California, California, held I on the 7th day of October , 1976, by the following vote, to wit:
AYES :
NOES : None
Councilmen Framee, Lewis, Packard, Skotnicki and Councilwoman Casler
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AGREEMENT
, 1976 October 5th day of - This agreement is made this
by and between the City of Carlsbad, California (the "City") , the Parking
Authority of the City of Carlsbad, (the "Authority") and Plaza Camino Real,
a California limited partnership ("Developer").
WITNESSETH
WHEREAS, Developer has. entered into an agreement with hthority
and City with respect to the expansion of. the Plaza Cam?no Real Regional
Shopping Center by the addition of two major stores; and
WHEREAS, Developer wishes to make provision for the possible
addition of a fifth major store to the Center as a part of said expansion;
and .
WHEREAS, in o'rder to accommodate the possibility of the fifth
store it is necessary to temporarily place a surcharge of dirt on the
proposed store site which must be accomplished in conjunction with the
surcharging currently being conducted pursuant to said agreement in connec- *
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tion with the addition of the third- and fourth stores; and.
WHEREAS, as a result of the proposed expansion of the Center,
Authority will acquire, at less than cost, title to an expanded, fully
improved, public parking facilities and it is in the Authority's and City's
interest to cooperate with Developer in their expansion efforts in order
to acquire said facilities; and
WHEREAS, City and Authority are satisfied that the number of
spaces affected will not interfere with the overall operation of the parkfng
facilities and are willing to accommodate the Developer in accord with the
terms of this agreement.
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NOW, THEREFORE, the Parties hereto agree as follows:
1. Authority and City hereby grant Developer the right to
temporarily encroach on Authority property by the temporary
placement of dirt on a portion of said property as shown on
Exhibit "A", attached hereto and'made a part hereof. Said
placement shall be accomplished in accord with the City of
Carlsbad grading ordinance after securing all necessary
permits. Developer agrees to pay City $357.37 per month
for the encroachment on said property.
be made in advance on the first day of each month. Said monthly
payment is computed in the proportion which the parking capacity
of said property bears to the parking capacity of the facilities
which are the subject of that certain Lease Agreement, (herein-
Said monthly payment shall
after "Lease Agreement") made and entered into as of the 21st
day of August, 1969, by and between the Authority and City.
City hereby pledges said monthly payments to the rental payments
due in connection with the aforementioned Lease Agreement.
2. Developer agrees to remove the dirt from the Authority
property upon the receipt of a.written request therefor from
City or Authority. Authority and City agree that the said
request will not be made prior to January 31, 1978.
3. Developer agrees, immediately upon removal of the dirt, to
reconstruct and restore the improvements on'the subject property .
to the condition existing as of the date of this agreement.
4. Developer agrees that it, and its successors in interest,
will not assert any right to exercise its right of reverter which
it may have by virtue of said encroachment under that certain
Grant Deed, dated. October 21, 1969; which Grant Deed was recorded
the same date as Document No:193480, Official Records of San Diego
County. Nothing herein shall be construed as affecting the right
of Developer and.its successors in interest to exercise its
reversionary rights under said Grant Deed in connection with any
other event.
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form satisfactory to the City Attorney, liability insurance in
Developer agrees to furnish.a.certificate evidencing, in
favor of City and Authority for property damage and personal
injury in connection with said encroachment in the amount of
$1,000,000.
,' ,,ATTEST :
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CITY OF CARLSBAD
ATTEST : PLAZA CAMINQ REAL, A Limited Partnership
By The May Stores Shopping Centers, By
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VICE PR(SIi3~
APPROVED AS TO FORM:
v City Attorney
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The May Stores Shopping Centers, Inc., a Missouri corporation
authorized to do business in the State of California, hereby guarantees
Developer's obligations under the foregoing agreement and further agrees
to furnish security in favor of City and Authority guaranteeing the obliga-
tion therein set forth to remove the material and restore and reconstruct
the parking lot improvements.
amount of $125,000.00.
Said security to be a surety bond in the
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APPROVED AS TO FORM:
City Attornky
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