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RESOLUTION NO. 27
A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD, THE PARKING AUTHORITY AND PLAZA CAMINO
REAL PLACING THE ADDITIONAL PARKING AREA LEASED
FROM OCEANSIDE UNDER THE "BASIC PUBLIC PARKING
LOT OPERATING AGREEMENT."
WHEREAS, the City Council of the City of Carlsbad,
California, by the adoption of Resolution No. 6429 , has
approved the document entitled "Agreement Regarding Management,
Operation and Maintenance of Plaza Camino Real Shopping Center
Parking Area in Oceanside", dated January 20 , 19 81 ,
between the City of Carlsbad, the Parking Authority, and the
Plaza Camino Real;
NOW, THEREFORE, the Parking Authority of the City of
Carlsbad, California, does hereby FIND, RESOLVE, DETERMINE AND
ORDER as follows:
SECTION 1: That said agreement, which is on file with the
City Clerk and incorporated by reference herein, is hereby
approved.
SECTION 2: That the Chairman and Clerk of the Authority
are hereby authorized and directed to execute said agreement
for and on behalf of the Authority.
ADOPTED, SIGNED AND APPROVED this ^20th day of January
1981.
Ehe Parking Authority
of the c/ty of Carlsbad, California
ATTEST:
cierk of the Parking Authority ofl
the City of Carlsbad, California^
(SEAL)
AGREEMENT REGARDING MANAGEMENT, OPERATION AND MAINTENANCE
OF PLAZA CAMINO REAL SHOPPING CENTER
PARKING AREA IN OCEANSIDE
THIS AGREEMENT is made as of January 20, 1981 by and
between the CITY OF CARLSBAD, a municipal corporation of the
State of California ("City"), the PARKING AUTHORITY OF THE CITY
OF CARLSBAD, a body corporate and politic of the State of
California ("Parking Authority") and PLAZA CAMINO REAL, a limited
partnership, organized under the laws of the State of California
("Operator") with reference to the following facts and circum-
stances :
A. City, Parking Authority and Operator have entered into
an agreement entitled "The Plaza Camino Real Public Parking Lot
Operating Agreement" (the "Public Parking Operating Agreement"),
whereby Operator has agreed to manage, operate and maintain a
certain public parking lot leased by the Parking Authority to
the City, as expanded pursuant to that certain agreement among
City, Parking Authority and Operator entitled "Agreement for
Expansion of Plaza Camino Real Shopping Center", dated
November 5, 1975, as amended (the "Expansion Agreement"). Said
public parking lot serves the Plaza Camino Real Regional
Shopping Center area.
B. To provide additional parking to serve the Plaza Camino
Real area. City has leased from the City of Oceanside a public
parking area in Oceanside pursuant to a lease with option to
buy and acquired from Operator that certain parcel of real
property described on Exhibit A attached hereto (all of which
is herein referred to as the "Oceanside Parking Area"). Said
lease (the "Oceanside-Carlsbad Lease") is in the form attached
as Exhibit G to the Fifth Supplement to the Expansion Agreement.
Pursuant to the Fifth Supplement to the Expansion Agreement,
Operator has agreed to assume Carlsbad's obligations under
said Lease with the exception of the obligation to pay rent.
Operator wishes to also assume responsibility for the management,
operation and maintenance of said parking area in Oceanside
in accordance with the provisions of the Public Parking
Operating Agreement.
NOW, THEREFORE, the Parties agree as follows:
Operator agrees to manage, operate and maintain the Oceanside
Parking Area for the full term of the Oceanside-Carlsbad Lease,
with the exception of the obligation to pay rent. Operator shall
assume City's obligations under the Oceanside-Carlsbad Lease for
the Oceanside Parking Area. In the event that City buys the
Oceanside Parking Area from the City of Oceanside in accordance
with the option contained in the Oceanside-Carlsbad Lease, Operator
agrees to continue to manage, operate and maintain the Oceanside
Parking Area in accordance with the Public Parking Operating
Agreement for the remainder of the term thereof. Insofar as the
Oceanside Parking Area is concerned, the references in Section 2
of the Public Parking Operating Agreement to the parking lot
2.
shall be deemed to include the Oceanside Parking Area and the
references in Section 5 of said Agreement to Leases shall be
deemed to refer to the Oceanside-Carlsbad Lease and the references
to certain Grant Deeds shall be deemed to refer to the Grant
Deed dated December 1 1 , 19 80, recorded on ,
19 as Document No. Official Records of San
Diego County by means of which the City of Oceanside, as lessor
of the Oceanside-Carlsbad Lease, acquired fee title to the Ocean-
side Parking Area.
IN WITNESS WHEREOF, City, Parking Authority and Operator
have caused this agreement to be executed and attested by their
property officers thereunto duly authorized, and their official
seals to be hereto affixed as of the date first above written.
ATTEST: CITY OF CARLSBAD
ATTEST;
ViAifeent^F. Bxondo,
City Attorney
Y OF THE CITY OF CARLSBAD
IINO REAL,a limited partnership
May Ofcoroo Dhoppinof. Centers, Inc,
A parcel of land sxtuated in the City of Oceanside
County of San Diego, State of California beina a
portion of the northeast quarter of Section 3?
Townshrp 11 south. Range 4 West described as follows:
Beginning at the southeast corner of the north half
?he sou?rMnr^.^"^"^'" °^ 31'- thence aJong
west 325 70 jaid north half, north 89°42'19" ^
west, J25.70 feet to the true point of beqinnina-
thence north 89°42'19" west, 1150.70 wes^f^henci
leaving said south line, north 46°36'53" 4ast
143.87 feet; thence north, 312.85 feet to the' south^-rl w
line ot State Highway 78; thence along said sou?her!J^
89Ml"?8"\fst°°;nn^r^"' '^^'^ north""'^ east 4?q ^ 500.04 teet; thence south 0°24'11" east, 439.22 feet to the true point of beginning.
EXHIBIT