HomeMy WebLinkAbout1975-11-05; Parking Authority; Resolution 13&
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RESOLUTION NO, 13 .--- -_.I..1
A RESOLUTION OF THE PARKING AUTHORITY OF
ING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE CITY OF CARLSRAD AND
PLAZA CININO REAL FOR EXPANSION OF THE
PLAZA CAMINO REAL PARKING AREA.
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THE cmy OF CZ~RLSBAD I CALIFORNIA, APPROV- Ij
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WHEREAS, the City of Carlsbad has provided to thc
liuthority an agreement. pursuant to which the Authori.ty wou?
acquire additional parking faciliti-es in the area of the PI
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of the AutAority and has been found to be satisfactory in z
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I NOW, THEREFORE, the Parking Authority of the. Cit: ! I Carlsbad, California does hereby FIND, RESOLVE, DETERMTNE i
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1 OKDE,R as fo?,lo.i./-s:
Section 1. That certain agreement between the C:
I I I of Carlsba.d, the Parking Authority and Plaza Camino Real, 1 attached hert?to as Exhibit A, is hereby approved.
1 Section 2. That the Chairman and Clerk of the
I 1 Authority are hereby authorized and directed to execute sa. I
I agreement. on behalf of the Authority.
j ADOPTED, SIGNED AND APPROVED this 5th day 0:
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I STA'I'E OF CALIFOXNLA )
' CCUNTY OF SAN DIEGO )
I ) ss. I
I, MARGARET ADAMS, Clerk of the Parking Au-thori.t
the City of Carlsbad, California, DO HEREBY CERTIFY that t
?oregoin9 resolution was duly adop-ted by the Parking Authc
of the City of Carlsbad at a meeting of said Parking Authc
he1.d on the - 5 th day of -- November , 1975, and thz
was sc) adopted by the following vote:
AYES : Directors 'Richardson, Sugg y Ki 11 en y M
and Dunne --
NOE s : None
ARSENT : None -_
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AGREEMENT -
This Agreement is made this 5th day of November
1975 by and between the City of Carlsbad, California (the "Ci
the Parking Authority of the City of Carlsbad, (the "Parking
Authority") and Plaza Camino Real, a California limited partr
ship ("Developer") .
WITNESSETH
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WHEREAS, in 1969 and 1970, Developer opened Plaza Cami
Real, a two-level enclosed mall regional shopping center (the
"Center") situated in the City. The Center serves the City e
surrounding areas through large May CO, and J. C. Penney depe
ment stores and approximately 65 mall stores: and
WHEREAS, Developer proposes to expand the Center to th
West, said expansion to result in the construction of a two-1
Sears department store and a three-level Broadway department
together with an extension of the two-level enclosed mall inv
the construction of 130,000 square feet of new mall stores; a
WHEXEAS, such construction will necessitate an expansi
of the public parking area owned by Authority which serves th
existing center; and
WHEREAS, City, the Parking Authority and the Developer
desire to cooperate in the construction of additional parking
facilities.
NOW, THEREFORE, the Parties hereto agree as follows:
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ARTICLE I
DEVELOPMENT PLANS AND APPROVALS
1.1 Incorporation of Site Plan.
Attached to this Agreement as Exhibit A and made a pal
hereof is a site plan of the Center prepared by Shuirman EL R<
and bearing a last revision date of September 27, 1975 (the '
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 Par
Authority (the "Existing Public Parking Area") .
(c) The parking area in the Center that is pres€
owned by Developer.
(d) Land to be added to the Center in connectior
the expansion.
(e) The location of the Sears and Broadway store
the location of the extended enclosed mall and the location c
the new mall stores.
(f) The parking area in the Center to be acquire
the Parking Authority under the terms of this Agreement, incl
the proposed connection of the new public parking area to
Jefferson Street (the "New Public Parking Area") *
1.2 Refinement of Site Plan.
Developer, the City and the Parking Authority realize
Site Plan may be refined as the planning process proceeds ant
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that this refinement may result in changes in building locatj
and sizes, tract sizes, the parking ratio, the location of ir
roadways and so forth. No such change will impair the obligi
of the Parties under this Agreement; provided, however, Dew
shall make no change in the Site Plan unless it secures the (
consent to the change. City shall not unreasonably withhold
consent -
1.3 Grading and Preliminary Construction.
Upon approval of this Agreement and after Developer hz
secured all necessary approvals including, but not limited tc
processing under Title 20 of the Carlsbad Municipal Code and
grading permit, grading for the project may be accomplished j
accord with the Site Plan. Developer may also construct the
posed connection of the New Public Parking Area to Jefferson
Such construction shall be in accord with Permit No. F1336 is
by the San Diego Coast Regional Commission.
1.4 Precise Plan of Development.
No building permit shall be issued for any use in the
covered by the Site Plan until City has approved a Precise PI
Development pursuant to this Section. Developer shall prepar
the plan and submit it to the Planning Department. The plan
be forwarded with recommendations to the City Council for the
consideration and approval, conditional approval, modificatic
disapproval. The plan shall address the mitigation measures
summarized in Planning Commission Resolution No. 1180 on file
the Planning Department of City and incorporated by reference
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or as more fully set out in Environmental Impact Report EIR-;
as certified by City on October 7, 1975.
The development shall be subject to the standards reqi
in the underlying zone. In addition the City Council in appi
the Precise Plan of Development may impose conditions or reqi
ments that include provisions for, but are not limited to, sc
yards, open space, building height and bulk, fences, walls, :
regulations, landscaping, grading, public dedications, public
improvements, timing or phasing of development, regulation oJ
interior roadways, points of ingress and egress, environment<
impact mitigation measures, and such other conditions deemed
necessary to insure the development conforms to the General I
and other adopted policies, goals or objectives of the City.
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ARTICLE 2
NEW PUBLIC PARKING AREA
2.1 Construction of New Public Parking Area.
Upon their completion, Developer shall submit plans and
specifications for the New Public Parking Area to the City for
its approval. Developer will advertise for bids in accord with
City procedures and upon receipt of the bids, Developer will le
the construction contract to the lowest responsible bidder aft€
first securing the City's approval to such letting.
The construction contract will require completion of
construction in accordance with the approved plans and specifi-
cations within six months of the awarding of bids.
2.2 Connection to Jefferson Street.
A portion of the New Public Parking Area will include a
connection to Jefferson Street (herein called the "Marron Road
Extension"), which will be located as shown on the Site Plan.
The Marron Road Extension will include an appropriate realign-
ment and traffic signalization of Jefferson Street at the Marrc
Road Extension - Jefferson Street intersection. Developer shal
acquire the title to all property necessary for the Marron Road
Extension prior to the commencement of construction.
2.3 Permit from Coastal Commission.
The City is presently in receipt of a permit from the Ca
Coastal Commission, No. F1336, which allows construction of the
Marron Road Extension. On June 6, 1975 said permit was extende
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for one year from the original expiration date of the permit.
Developer shall comply with all terms and conditions of said
permit.
2.4 Equitable Contributions by Adjoining Land Owners.
Developer agrees to guarantee to City that the Owners
property, which is not part of the New Public Parking Area,wh
will benefit from the construction of the New Public Parking
including the Marron Road Extension, will contribute to the c
thereof. Attached to this Agreement, as Exhibit B, and made
hereof, is a map showing the proposed construction and identi
the benefiting properties.
Prior to the conveyance of the New Public Parking Area
to the Parking Authority in accord with Section 2.5 of the
Agreement, Developer shall furnish to City agreements in a fo
acceptable to City, providing for a contribution for curbs,
gutter, sidewalks, one traffic lane, streetlights and waterli
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 the prope
occurs. For properties north of Marron Road development is
defined as the application for any City permit for any portio
of the property. For properties south of Marron RoaC! develop
is defined as the application for any City permit for activit
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in Units D, E & F of the Master Development Plan for Hosp Grc
Kamar Construction Co., Inc., dated, Revised December 9, 1965
on file in the office of the Planning Department of City and
incorporated by reference herein. Any liens not called by Ci
when this Agreement terminates shall be released by City.
The amount to be paid by the Parking Authority pursuar
to Section 2.5 of this Agreement shall be reduced by the amoi
of $ 45.00 per front foot for all or any part of propel
to the north of Marron Road for which such agreement and lier
are not forthcoming.
The Parties recognize that Developer may have more dif
in securing the agreement required by this section from ownel
of the property to the south of the Marron Road Extension thz
from those to the north. Therefore, the amount to be paid bi
the Parking Authority pursuant to Section 2.5 of this Agreeme
shall be reduced by the amount of $ 11.25 per front
for all or any part of properties to the south of Marron Roac
The properties south of Marron Road are identified on
Exhibit B, as Assessor'sParcel Numbers 156-080-10, 156-080-11
156-080-12, 156-080-14 and 156-080-15. The balance of the
properties identified on Exhibit B shall constitute propertic
north of Marron Road for the purposes of this section.
2.5 Conveyance of New Public Parking Area.
Upon completion of the New Public Parking Area but pr.!
to its use as a parking facility, Developer shall cause the E
Public Parking Area (i.e. land plus the paving and other imp]
ments thereon) to be conveyed to the Parking Authority by grz
deed, and the Parking Authority shall accept this conveyance
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The grant deed shall contain provisions similar in substance
those set out in the grant deed dated October 21, 1969, and
recorded on October 21, 1969, with the San Diego County Recor
as Document No. 193480 whereby developer conveyed the existir
public parking area to the Parking Authority. Upon the openj
for business of the Sears and Broadway department stores and
majority of the new mall stores, when City has received and
accepted the agreements contemplated by Section 2.4 of this
Agreement, after the Parking Authority has sold bonds in accc
ance with Section 3.1 of this Agreement, and after the Lease
Maintenance Agreements have been executed in accordance with
Sections 2.6 and 2.7 of this Agreement, the Parking Authorit1
pay Developer as consideration for the conveyance an amount
equal to the actual sums expended to construct the New Parkir
Area improvements but in no event more than the net proceeds
the bonds sold in accordance with Section 3.1 of this Agreemc
In the event that the Sears and Broadway department st
and the majority of other mall stores are not open for businc
within two years after completion of the New Public Parking 2
the Parking Authority shall reconvey the New Public Parking 2
to Developer and this Agreement shall terminate.
2.6 Lease of New Public Parking Area.
When it acquires the New Public Parking Area, the Par1
Authority will immediately lease the same to the City under I
and conditions (except for the annual rent) similar to those
out in the instrument dated August 21, 1969 whereby the Park:
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Authority leases the Existing Public Parking Area to the Citl
The annual rent paid by the City for the New Public Parking 1
shall be sufficient to pay the principal of and interest on t
bonds that will be sold by the Parking Authority in accordanc
with Section 3.1 of this Agreement.
2.7 Operation and Maintenance of Public Parking Area:
When the lease contemplated in Section 2.6 of this Agr
is operative the City shall enter into an agreement with the
Developer for the operation and maintenance of the New Public
Parking Area. In the alternative, the existing Public Parkir
Lot Agreement may be amended to indlude within its scope the
New Public Parking Area or the new Agreement may include the
existing lot and the existing Agreement may be terminated. I
any event Developer will, for the duration of the new or amer
Agreement, and subject to the terms thereof, agree to operate
and maintain to City standards the New Public Parking Area ar
the existing Public Parking Area at no cost to the City or tf
Parking Authority.
2.8 Location of Broadway Store on Existing Public Pax
Area.
As indicated on the Site Plan, the southern portion of
the Broadway store, as proposed, will be located on land that
presently a part of the Existing Public Parking Area. Before
construction is commenced on the Broadway store arrangements
acceptable to City and the Parking Authority must be made to
convey such land to Developer. As a condition precedent to E
conveyance, Developer shall convey to the Parking Authority I:
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grant deed, equivalent acreage elsewhere in the Center as shc
on the Site Plan. Said acreage shall be at least equal in a1
to the land conveyed by the Parking Authority and shall be in
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 Marron Road Improvements.
A portion of the Existing Public Parking Area which ir
sects with El Camino Real is known as Marron Road. The conne
of a portion of the New Public Parking Area known as the Marr
Road Extension to Jefferson Street will open all of so-callei
Road to through traffic and necessitate some improvements to
Road.
Said improvements must deal effectively with traffic
problems by controlling access between Marron Road and the bz
of the Existing Public Parking Area, and with pedestrian pro1
along Marron Road and between the theater on the south side c
Marron Road and the Existing Public Parking Area.
City shall accomplish an Engineering Study of the traf
and pedestrian problems. City may contract for such study wi
an independent consultant. Developer upon receipt of a writt
request from City shall pay to City one half of the cost of E
study. City shall determine based on such study those improl
ments necessary to mitigate the traffic and pedestrian problc
Developer upon receipt of a written request from City shall C
one half of the estimated cost of the traffic improvements.
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shall construct or cause the construction of said improvements
Upon completion City shall notify Developer of the cost of sai
improvements. City shall return to Developer any part of his
deposit in excess of one half of the cost of said improvements
If one half of the cost of said improvement exceeds Developer'
deposit, Developer upon written request from City shall pay tk.
amount of such excess to City.
Developer shall be responsible for all improvements ne
to resolve pedestrian problems, which shall be accomplished tc
the satisfaction of City; provided the costs of such improveme
to be paid by Developer, shall not exceed the cost of a fully
actuated signal interconnected to the signals at the intersect
of Marron Road and El Camino Real.
The time for completion of all improvements required 13
this section shall be at the discretion of City.
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ARTICLE 3
FINANCING OF NEW PUBLIC PARKING AREA
3.1
The Parking Authority will sell bonds in the face amou
$1,500,000.00 or such lesser amount as may be required to ena
the Parking Authority to make the payment to Developer requir
by Section 2.5 of this Agreement. All expenses of the bond s
including, but not limited to, fees for Bond Counsel and a
Financial Consultant will be paid by the Parking Authority frc
the proceeds of the bond sale. The Parking Authority will us(
the net bond proceeds to purchase the New Public Parking Area
accord with Section 2.5 of this Agreement. The timing and ma
of the bond sale shall be at the discretion of the Parking
Authority, provided the sale shall occur in a timely manner tc
enable Parking Authority to make the payment required by Sect
of this Agreement.
Sale of Bonds by Parking Authority.
3.2 Obligation to Place Bonds.
If the Parking Authority is unable to sell the bonds, '
Developer shall find a buyer for them. The buyer shall be en.
to purchase 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 City and attributable to the Center I
less than the lease payments paid by City to the Parking Authc
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for the Existing Public Parking Area and for the New Public
Parking Area, then Developer shall, on the request of the Cit
pay the City the difference between such amounts. If said tt
revenues exceed said lease payments in any fiscal year subsec
to a year in which Developer is required to make a payment tc
the City pursuant to this section City shall reimburse Develc
from such excess revenues but only to the extent that the cur
tive revenues received by the City through such year exceed 1
cumulative debt service payments required by the bonds throuc
such year. Any obligation on the part of the City to make
payments pursuant to this section shall terminate upon retirc
ment of the bonds sold pursuant to this Agreement.
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ARTICLE 4
CONDITIONS PRECEDENT
4.1 List of Conditions and Deadline Dates.
The obligations of the City, the Parking Authority anc
Developer to proceed this Agreement are subject to the fulfil
ment of the following conditions. The date by which each cor
dition must be fulfilled is set out in the parenthetical clat
immediately following the condition.
(a) Developer delivers to the City a letter fron
Sears, satisfactory to the City, wherein Sears commits itself
to open a store in the expanded Center ( March 1, 1976 ).
(b) The City 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 1,
(c) All environmental impact reports and similai
instruments relating to the expansion have been filed and all
necessary governmental clearances, permits and so forth in cc
tion therewith have been issued to the City, the Parking Aut1
or the Developer, as the case may be ( March 1, 1976 ).
(d) Developer has in hand enforceable agreements
whereby it or the Parking Authority can acquire title to the
underlying the new Public Parking Area including the Marron I
Extension ( March 1, 1976 )e
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(e) The Parking Authority receives a Ruling from
the Internal Revenue Service stating that all interest paid or
the bonds described in Section 3.1 will be exempt from federal
income taxes (within 90 days of the completion of all document
(f) Developer delivers to the City and the Parkir
Authority a time schedule outlining the principal steps that B
be taken to accomplish the expansion of the Center ( February
1976 )"
When all Section 4-1 conditions have been satisfied, tl-
Parties shall be obligated to proceed under this Agreement. P
of the dates in this section may be modified by mutual agreemc
The City Manager of City may execute on behalf of City any am€
ment to this Agreement necessary to accomplish said modificati
Nothing herein precludes any Party from waiving any Sec
4.1 condition applicable to it or from proceeding to satisfy L
would otherwise be its obligations under other provisions of t
Agreement before the Section 4.1 conditions are fulfilled; prc
however, in this latter event such Party shall proceed at its
risk and expense.
4.2 Reasonable Efforts to Satisfy Conditions.
Each Party shall immediately commence and shall thereaf
continually exert reasonable and prudent efforts to cause thos
Section 4.1 conditions applicable to it to be satisfied on or
before the applicable deadline dates; provided, however, no
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failure to cause any of these conditions to be timely satisfi
shall constitute a default under this Agreement.
4.3 Conditions of Termination.
If the construction of the New Public Parking Area, as
vided in Section 2.1 of the Agreement, is not completed withi
years of the date of the execution of this Agreement, such Ag
ment shall terminate and be of no further force and effect.
provisions of the section shall be in addition to any other
conditions of termination provided in this Agreement.
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ARTICLE 5
GENERAL PROVISIONS
5,1 Developer to Provide Funds to Implement Agreement,
Developer shall pay all fees, charges and other out-of-
pocket costs, except for fees of attorneys and others who are
directly retained by the City or the Parking Authority, incuri
in implementing this Agreement.
5.2 Cooperation.
Because of rapidly rising construction costs and other
factors, time is of the essence of this Agreement and accordir:
the Parties shall make every reasonable effort to expedite the
subject matter thereof.
5.3 Force Majeure.
Developer shall be excused from performing its obligati
hereunder to commence or complete construction by specified da
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
made by any Party to this Agreement shall be made as follows:
City/Parking Authority Developer
City Manager City of Carlsbad The May Stores Shopping Cen
1200 Elm Avenue 10738 West Pic0 B1vd.-Suite Carlsbad, CA 92008 Los Angeles, CA 90064
5.5 Counterparts,
This Agreement may be executed in counterparts, and up0
execution thereof by all of the Parties hereto, each such coun
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part shall be deemed to be an original.
5.6 Termination o
This Agreement shall terminate when the bonds sold in
accordance with Section 3.1 of this Agreement are retired.
IN WITNESS WHEREOF, the City, the Parking Authority an
Developer have signed this Agreement as of the day and year
first above written.
ATTEST : CITY OF CARLSBAD
BY -Hk c
&ZH& Clerk
mmsT : THE PARKING AUTHORITY OF THE
ATTEST :
Partnership,
By The May Stores Shopping C
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