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Home My WebLink About1977-08-30; City Council; Resolution 51831 d 3 5: 1E 1s 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 5183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY AND PLAZA CAMIMO REAL FOR A TEMPORARY ENCROACHMENT ON PARKING AUTHORITY PROPERTY TO ALLOW DEVELOPER TO ACCOMPLISH CERTAIN CONSTRUCTION ACTIVITIES IN CONNECTION WITH THE BULLOCK'S STORE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEmNT . The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad, the Parking Authority and Plaza Camino Real, dated August 23, 1977 for a temporary encroachment on Parking Authority property to allo developer to accomplish certain construction activities in connection with the Bullock's 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 author- ized and directed to execute said agreement for and on behalf of the City of Carlsbad. an adjourned PASSED, APPROVED AND ADOPTED at /- regular meeting of the City Council of the City of Carlsbad, California, held on the 30th day of August , 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Councilwoman Casler ABSENT: None ATTEST : r&i!L& E. ADAIS, kity Clerk (SEAL) .. \ This agreement is made this 23ra day of August , 1977, e 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 dated November sp 1975 with Authority and City with. respect to the expansicm of the Plaza Camino Real Regional Shopping Center WHEREAS, one of said major stores will be a Bullock's c Department Store; and WHEREAS, as set forth in the Expansion AgKe@l"k%, the southern po~ti~n of the Bullockgs Stare will $e located OK land that is presently a part of the Existing ~tab1i.c parking a owned by the Authority and leased to CrCkyl shown as Parcel A, on Exhibit A, attached hereto and made a part hereof; and WHEREAS, as contemplated by the Expansion Agreement, Authority and City have agreed to convey said land to Developer- A condition precedent to such exchange is the conveyance of - '-z4 \ 6 equivalent acreage elsewhere in the Center by Developer to Authority. of at least equal value and utility for parking purposes; and Said acreage to be improved by Developer so as to be *. WHEREAS, the Expansion Agreement further provides that t arrangements for such conveyances must be acceptable to City and Authority and must be made before construction is commenced' on the Bullock's Store; and \ WHEREAS, Authority, City and Developer have agreed that the exchange will not occur until.the final map has been recorded pursuant to the Subdivision Map Act establishing the parcels to be exchanged as separate lots; and WHEREAS, on August 2', 1977 City approved the tentative *. subdivision map for the proposed expansion which provides for said lots and Developer is actively moving -%o meet the 'kequire- ments necessary to obtain approval of the final map; and - WHEREAS, in order to achieve the scheduled date for the opening of the BU~POC~~S Store, it W~YL b& necessary for Developer to commence grading and excavation far the buiPding pad of the Bullock's Store and to relocate certain utilities on the portion of the Bullock's Store site presently owned by the Authority prior to the recording of the final. map; and ' WHEREAS, in order to.acconplish the expansion in accord- ance with the Expansion Agreement, Developer must do certain work including, but not limited to, regrading a porkion of the existing public parking lot and the installation and relocation 2. of utilities on said portion shown as Parcel B, on Exhibit A, It is necessary that 'said work be accomplished in conjunction with the grading and excavation of the 3ullock's site; and . WHEREAS, as a result of the proposed expansion of the Center, Authority will acquire, at less than cost, titl'e 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 parking faciiities and are willing to accommodate the Developer in accord with the terms of this agreement, .,.. NOW, THEREFORE, the Parties hereto agree as follows: 1, Authority and City hereby grant to Developer the right- to temporarily encroach on Authority property, to grade and excavate the portion of the Bullock's Store site presently awned by Authority for the purpose of preparing the bui2ding pad far the Bullock's Store shown as Parcel. A, on Exhibit A, .Developer is also hereby granted the right to relocate any utilities situated thereon to other portions of the existing Public Parking Area owned by Authority, in accordance with the precise plan of development approved by the City pursuant to the Expansion Agreement. 2, Authority and City hereby grant to Developer the right to temporarily encroach on Authority properky, to grade, relocate 3. and install utilities and accomplish other related work OR an area of the existing Public Parking Lot shown as Parcel Br on Exhibit A, Developer is also granted the right to relocate any utilities situated thereon to other portions of the existing Public Parking Lot owned by Authority, All rights granted by this agreement for work shall be exercised in accordance with the Expansion Agreement and the precise plan of development approved by City pursuant thereto, 3, All rights granted by Sections I arrd 2 hereof to Developer, shall be exercised in accord with the City of Carlsbad grading ordinance after securing all necessary permits, agrees to pay City $428.76 per nonth for the encroachment on Parcel A, Developer agrees to pay City $714-60 per month for the . encroachment on Parcel B, in a6vance on the first day of each month. Developer ... Said nonthlqr payments shall & made Said monthly payments are contputed in the proportion which the parking capacity of said properties bear to the parking capacity of the facilikies which are the subject of that certain Lease Agreement (hereinaftex “Lease Agreement”), made and entered into as of the 21s.t: day of August, 1969 by and between the Authority ard City- City hereby pledges said monthly payments to the rental payineats due in connection with the aforementioned Lease Agreenent. 4. Upon the close of the exchange of lmd €or the Bullock’s Store site, rental payments for Parcel A shall terminate. If said exchange fails to close within such time as the parties hereto 4, may agree, Developer agrees to vacate Parcel A and to immediately reconstruct and restore the improvements on the subject Authority property to the condition existing as of the date of this agree- ment. 5, Notwithstanding the provisions of Section 4 hereof, t Developer agrees to vacate both Parcels A and B and reconstruct and. restore the improvements to the condition existing as of the date of this agreement upon the receipt of a written request therefor from City or Authority. that the said request will not be 1978. Authority and made prior to City agree December 31, 6. Developer agrees that it, and its successors in interest, will not assert any right to exercise its right of revereer which it may have by virtue of said encroachments underthat .. .& 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, California, 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, Developer agrees to furnish a certificate evidencing, in form satisfactory to the City Attorney, liability insurance in favor of City and Authority for property damage and personal injury in connection with the rights granted herein in the amount of $1,000,000, . I. 1 e IhT W1T"JESS WHEREOF, the Parties hereto have executed Chis agreement as of the day and year first above written. ATTEST :, ,, , I I ATTEST : CITY OF CAFUSBAD AUTHQRITY OF THE CITY OF - .. . City Attorney .V' 6. .. 1. ' r .' GGARANTY t The May Stores Shopping Centers, Inc., a Missquri 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 obligation therein set forth to restore and reconstruct the parking lot impravements, Said security to be a sureiy bond in the amount of $60,000, -- - -- . . .. .. . ATTEST: . THE HAY STOZXS SHOPPING CEPJTERS, INC, I ASSISTANT SECRETARY APPROVED AS TO FORM: