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HomeMy WebLinkAbout1981-01-20; Parking Authority; Resolution 28Q < CO „ • ^ s oc < o) O Li. ^ I O > > o ™ CJ - ' o ^ ^ 8 d Si ^ 2 > I- cc < < 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 28 A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A SUPPLEMENT TO THE PLAZA CAMINO REAL PUBLIC PARKING LOT OPERATING AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY, AND THE PLAZA CAMINO REAL WHICH ADDS THE ADDITIONAL LAND ACQUIRED BY THE PARKING AUTHORITY. WHEREAS, the City Council of the City of Carlsbad, California by the adoption of Resolution No. 6430 , has approved the agreement entitled "Supplement to the Plaza Camino Real Public Parking Lot Operating Agreement," dated January 20 , 19^1 , 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 excute said agreement for and on behalf of the Authority. ADOPTED, SIGNED AND APPROVED this ?nth day of .T^nn;:.r-y > 1981. lan 'Cf. the 'Papking" Authority "of the City of Carlsbad, California ATTEST; clerk of the Parking Authority of the City of Carlsbad, California (SEAL) SUPPLEMENT TO THE PLAZA CAMINO REAL PUBLIC PARKING LOT OPERATING AGREEMENT 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 partner- ship, 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 Piiblic 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 acquired from Operator that certain parcel of real property described on Exhibit A attached hereto. Operator wishes to also assume responsibility for the management, opera- tion and maintenance of said property in accordance with the provisions of the Public Parking Operating Agreement. A PARCEL OF LAND SITUATE IN THE CITY OF OCEANSIDE, COLTNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A« PORTION' OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO HERIDIJiN, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARITY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST PER CARLSBAD TRACT NO. 76-18; THENCE NORTH 69°30"00" EAST, 252.00 FEET, ALONG THE NORTHERLY LINE OF CARLSBAD TRACT KO. 76-18; THENCE LEAVING SAID NORTHERLY LINE NORTH 71"38'56" WEST, 70.14 FEET TO A LINE PARALLEL WITH AND DISTANT NORT?IV?ESTERLY 44.00 FEET MEASURED AT RIGHT ANGLES FROM THAT CERTAIN COURSE HEREINBEFORE DESCRIBED AS HAVING A BEARING AND A DISTANCE OF "ITORTH 69°30'00" E.AST, 252.00 FEET"; THENCE SObl'H 69°30'00" WEST, 313.24 FEET TO A POINT IN THE NORTHERLY LINE OF SAID CARLSBAD TRACT NO. 76-18; THENCE SOUTH 89M2'19" EAST, 123.94 FEET ALONG SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING. . EXHIBIT A NOW, THEREFORE, the Parties agree as follows: Operator agrees to manage, operate and maintain said property in accordance with the Public Parking Operating Agreement for the term thereof. Insofar as said property is concerned, the refer- ences in Section 2 of the Public Parking Operating Agreement to the parking lot shall be deemed to include said property and the references in Section 5 of said Agreement to certain Grant Deeds shall be deemed to refer to the Grant Deed dated December 11 , 19 80, recorded on ,19 as Document No. Official Records of San Diego County by means of which the Parking Authority acquired fee title to said property. 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 affixed as of the date first above written. ATTEST; ATTEST; u. APPROVED^S TO FORM: Vincent T. Biondo,IJr. City Attorney CITY OF CARLSBAD '7 Y OF THE CITY OF CARLSBAD PLAZA CAMIiqiO REAL, a limited partnership By: May 6'torco ChOippiRff Centers, Inc, Q < • a: ? < ^ CJ d u. Q O 1^ CO r: it < 3 Z Z QC > o < t G] O 8 d S < cc oc < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 RESOLUTION NO. 6430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF THE SUPPLEMENT TO THE PLAZA CAMINO REAL PUBLIC PARKING LOT OPERATING AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY, AND THE PLAZA CAMINO REAL WHICH ADDS.THE ADDITIONAL LAND ACQUIRED BY PARKING AUTHORITY. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the agreement entitled "Supplement to the Plaza Camino Real Public Parking Lot Operating Agreement," dated j.nn.rv 20 19 m , On file with the City Clerk and incorporated by reference herein 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California^ held on the 20th day of January > 1981 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None *RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cler (SEAL)