HomeMy WebLinkAboutPlaza Camino Real Expansion; 1978-09-12;* ,. 0 a! r.l
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This Agreement is made this 12th- day of wtemh9_r
1978 by and between the Cj-ty of Carlsbad, Califorr,ia (the "City")
the Parking Authority of the City of Carlshad (the "Parking
AuthorFty") and Plaza Camino Real, a California limited partner-
ship ("DevePopsr") *
RECITALS
WEEREAS, the Agreement, dated! IL'evember 5, 1375, betwcen
City and Cevelcper, whicfi provides for the expzmsion of the
Plaza Cainino Real Regional Shopping Center, requires that a
Precise Plan for that expansion be submitted to the City Council
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hi~mAS, said Agreement ~fith~rizes the City Council ts
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attach cGnditlox of approval to stlch Precise P3.z.n; an6
FGEFSAS, the City is involved with others in Zitlgation
regarding trhcther or not such others are required to pay all sews
charges and fees as requj.red by the Carlsbad Municipal Code; and
WHEREAS, it is anticipated that SUC~ litigation will
* &ake considerable time to resolve; and
WEPSAS, although Developer and the property proposed
for the sfioppi;ly center ~xpansion xe Got dkr~ctly izvolved Ir? tk
litigation, City has reason to believe that the same rights being
asserted j.n the litigation, could also be asserted by Developer;
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WHEREAS, the Developer has indicated it may wish to
' raise such objections to the payment of fees by virtue of the
fact that it has paid fees in connection with the'issuance
.of building permits for a portion of the Plaza Camino Real
expansion. under protest, expressly reserving its rights to
'claim exemptions from such fees, That protest is contained ir
a letter from Plaza Camino Real to the City Engineer, dated
June 26, 1978, which is attached hereto as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, deferring of approval of the Precise Plari b]
City would substantially delay the proposed shopping cexter
expansion which would have significant adverse .financial
consequences on Developer; and
WEREAS ; the City Coiinci 1. has dcterrr,ined notwithstanc
the potential dispute over sewer fees to approve the Precise
Plan, and did so at an adjourned regular meeting of August 3,
1978 by the adoption of Resoluticn No. 5499, a copy of which
is marked Exhibit "B", attached hereto and incorporated by
reference herein; and
WHEREAS, the Precise Plan, as. approved by said resol?
e
is conditioned on the execution of certain agreements by the
Developer in regard to the sewer fees.
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NOW, TIiGPZFO;IE, in consideration of the 2erformanze ',
the mutual promises herein contained, the parties hereto agrel
as follows:
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1. In consideration of the City of Carlsbad decision to
approve the Precise Plan for the Plaza Camino Real. expan-
sion and its determination to allow permits to issue for
development of the shopping center within that plan at this
time, without waiting to resolve the dispute over sewer fees,
the Developer hereby aqrees a.s follows:
(a) The letter frcm Plaza Carina Real to the City Engineer,
dated June 26, 1978 (Exhibit "A") , is hereby withdrawn. *
(b) The Developer agrees to Fay or cause to be paid all
sewer charges and fees €or all sewer permits, building
permits or other permits issued, or to be issued, for
development within the Precise Plan as approved by
Resolution Nz. 5499 (Exhibit "B") .
(c) The Developer agrees that any rights which the property
owners may he found to have against the City in regards
to sewer permits, or sewer fees or charges, in the
case of Grove Apartments Investment Co. v. City of
Carlsbad, et al., Superior Court Case No. N 9052, are
hereby wai-ved for all the property within the boundaries
of Precise Plan 24-A as approved by Resolution No. 5499
(Exhibit "B") .
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2. Developer and City agree that this Agreement shall not be pla
before the Court or used in any way in the above litigation.
The Developer agrees to indemnify the City and the Parking
Authority and to hold the City of Carlsbad and the Parking
Authority, members of the City Council of the City of Carlsbz
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and the Parking Authority, all their employees, officers
, and agents, while acting as such, free and harmless of
and from any and all claims, loss,.damage, cost, expense
or liability arising out of injury or death to persons o
damage to property resulting directly or indirectly froni
the development of the property pursuant to Precise Plan
24-A as approved by Resolution No. 5499 (Exhibit '*B") or
from the City's approval of such plan, including the
defense of any actiom arising therefrom.
In the event suit is brought upon this hold harmles:
agreement to enforce the terms thereof, the City and the
Parking Authority shall be entitled to a reasonable sun
as attorney's fees.
IN WITNESS WHEREOF, the City, the Parking Authority and *
Peveloper have signed this agreement as of the day and year f.
ab3w written.
ATTEST : CITY OF-SBAD
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i Mayor /-
. ATTEST: TKE~AR~ING AUTHORITY OF TI-IE c
a SBAD, CALIFORPIIA
t ATTEST : PLAZA CAE4INO REAL, a limited 1
City Attorney
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8/3 0/78
r;xniDiT; .'ii-. EO j-p 11 Agreement date(
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#'he RInp Storm Shopping Cent?% Xnc, - .. .. . Subsidiary of
+q hIay Depsrtnwnt Stores Company June 26, 1378 .
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Mr. Tim Flanagan
. City Engineer
' City of Carlsbad 7-1s -
12.00 Elm Avenue . ..
.. Carlsba6, California
.. .. Dear Tim:
6. .. Pursuant to your letter to Bob Doerner dated
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June 22, 1978, we are enclosing OUK check in the amount of
$63,050.00 for the sewer charges referred to in your Letter
as .!'a condition of building permit issuance". the payment at this the in order to avoid a delay of the
We 'are makirtg
_. . -. . ' ' * .scheduled shopping center.expansion,
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.. . Carlsbad arid Grove Apartments Investment Company which
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.. .. .. As you are aware, there is a law suit between
raises the questior, of whether sewer charges may be assessed
Camino gealPs predecessors in interest.
.. . . charges rezerred to ir, your letter is being rnade*without prejudj-ce to the resolution of that question and is not a ..
.. *waiver of any rights we may have in regard to this payrnenk '
.' . . or of.any exemption olzr property may enjoy,. This payment is
.. also without prejudice to. any right we inay have to question .
.. . whetiier the payment, assuning it is payable by us, is due , ,
.. : . before the issuance of a building permit rather.than at the
time' of sewer connection -
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, CSZ~~ZZ~~~ 2C-GelsGE;eiit uz ic~ii(i p~~?\~iocsly owiicd by Plzza '.' J our payment cj~r me
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:. * Sincerely, .. .
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' *PLAZA CAMINO REAL by
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?HE MAY STORES SEIOPPXNG ..
.. - CENTERS, mc, . *.
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0 -..Vice President - Legal
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, =.c , HLR:ns Enclosure
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cut~va omc% 107~1 wcot.pico iiivti, sIctte 1, tin A,,~+~~ q;aiifnrilin 90064 1'61. (213) 073-1850 .t.is-~o~
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RESOLUTION NO- "5499 '
A RESOLUTION OF THE CITY COUNCIL OF TIE
CITY OF CAKLSBAD, CALXFORNIA, APPROVING
2421 (I'P-24A) FOR THE EXPANSION OF THE.
PI;AZA CAMXKO REAL SHOPPING CENTER.
APPLICANT: L_ HAY STORES SHOPPING CENTERS, INC.
t\tXTf~l 'CONDITIONS ALTF9NFTE PI<.ECT:SE PLAN
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WHEREAS, the agreernelzt between the applicant and the
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Precise Plan; and
. WHEREAS, on June 29, 1977 the Carlsbad.City Planning
1 9 Real Shopping Center, requires that the details of that ex
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be submitted to the City Council €or approval. in the farm
considzred said pian as outlined in Staff Report dated Ju.r
land determinEd to reconmend to the City Codncil thzt .Pyecj
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(PP-24) be conditionally approved; and
WIIEREAS, the City Council of the City of Carlsbad on
3977 considered the recommendations of the Planning Comi:
WHEREAS, the City Council of the City of Carlsbad on
2, 1977 approved with conditions Precise Plan (PP-24) for
expansion of the Plaza Camino Real Shopping Center; and
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WHEREAS, the Environmental Impact Report has been prc
and discussed at duly noticed public hearings before the 3
Comi~ission ani! the City Ccuhcil, and the final report has
certified as complete in satisfaction of the requirements
City of CarLsbad Environmental Protection Ordinance of 19'
the California Environmental Quality Act;
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WHEWAS, the: applicant has asked for approval of an a
precise plan PP-24A providing €or an,expansion of the cent
the addition of three major department stores' and certain
shops; and
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WHEREAS, the Planning Director has determined that hi
application has satisfied the requirements of the Carlsbad
Environmental Protection Ordinance of 1972 by prior compli
NOW, TfE233FOREr BE IT RESOLVED by the City Council of
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City of Carlsbad as follorvs:
A. That the above recitations are true and correct..
B, That the findings made by the City Council in con
with Ter,-t.lative Sxbdivision Map (CT 76-18) as contained in
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2, TiLdt -the Environinentai Revj.ew OF ih:2 proposed ait
/Precise Plan. (PP-24A) has been completed pursuant to CEQA Environmental Protection Ordinance of the City 05 Carlsbad
D. That the alternative Precise Plan (PP-24A) is her
approved subject to all applicable requirements of the Car unicipal Code and to the satisfaccian of the following eo
1.: The approval is granted for the property desc
!in the application and as shown on the submi'tted plot plan
labeled Exhibit A, dated August 2, 1978, on file in the PI Department and incorporated by reference herein,
' 2. Construction of the shopping center shall be
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. 3.. The parking lot shall be maintained as outlin
-the ~ai~-,ing Lot Operating Agreement. Special a-ttcntion 55
given to keeping the-lot clear of excessive oil and fuel s
that could wash off .and impact the water quality of .3uena'
agoon. L
4, Design of the new buildings shall be compatib the design of the .existing center,
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5- Prior to the issuance of building permits for
new department stores, the developer shall subslit building
clevatrions to the city ~ounci~ for rev.i.cr.i and a.pproval,
6, The energy conserving measures. proposed on Ex
to Resolution No. 5165, dated Jurii3 17, 1977, shall be utii in the'new construction,
7. The developer: shall cooperate with the North Transit District to provide efficient transit service as a
alternate to automobile travel =
All parking Lot lighting shall be vapor metal
compatible with-existing parking lot lighting,
. 9- The applicant shall participate with the Citjj
the reconstruction of the phase X parking (existfng lot),
improvenrerrts of i4arron Road and bus -transf.?r relocation th
in accordance w.ith the agreement dated. November 5, 1975.
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10, Prior to final grading and paving of the park
lot, the .applicant shall submit a parking lot plan and a I
scape a~3. irrigation plan to the Planning Rirectox for.his
and approval, The Parking Plan shall provide adequate spa the handicapped. The construction-of the parking lot shal
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fwater conservation measures through choice of plant materi
choice of irrigation equipncnt and design.
12, The id.entificzt.ion signs as shown on Exhibit
&ked August 2, 1979, are approved in concept. However, a
external signs shall. obtain sign permits prior to instaiLa
Tile size,
subject to approval by the Planning Director,
13. Those slopes located ofz-kite; adjacent to th south side of Marron Road and the tentative nap boundary,
1-andscaped and maintained for slope erosion control by the applicant per tlie.requirements of the Parks and Recreation
Maintenance of the benches along those slopes shall be acc
per this condition.
basins,. necessary' .to minimize short-term and long-term adv
impacts on the water: quality of Buena Vista Lagoon from pr
run-off shall be installed by the applicant, The size, la and design shall be as approved by the City Engineer. Thi
co.ndition implies the possibility sf off-site facilities'n
rni.tigate previous and future actions by the developer.
i;esigri and location 02 ~IL other externi?~ s.is;nc
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. .' '14, All-€acilities, ,such as storm drains +nd desi
15. All roof-top and mechanical equipment shall L
adequately screened or integrated into thc design of the f
as required by the Planning Director. D.
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16.: el exterior trash collecal axid pickup are;
All other driveway accesses are approved as :
be screened as xequired by the Planning llircctor.
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,Exhibj.t A, August 2, 1978.
Existing parking lot, access pojmts, and Mar: shall be reconstructed and/or modified in accordance with I
Precise Plan PP-24A, Exhibit A, August 2, 1978, which incl.
following conditions :
Adequate pedesfzrian crosshgs between th
theatres and adjacent commercial development on the south Marron Road and the main parking lot of Plaza Camino Iieal furnished w$th the required parking. lot plans, .
b.. Driveway access at .location W-3, 706 on E
August 2, 197'8, is approved subject to the relocation of t
lcading and transfer facilities to the north side of the d
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. rnent (approximate location W-3,OOO; M-11,450.)
c. Applicant shall comply with all notes on alternate Precise Plan (PP-24A) m
Plans required by this resolution shall be s
to the City for approval no, later than.December 3_,.1978.
i The apilicant and City ire inv&.ve&with oth a di&pu-te regarding the obiigation of appiLican-k and others
i9.
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all sewer charges ani: fees pursuariz to Muni.cipai Cocicrt"Sec L
13.08.080. It is anticipated the'matter wi1.l take ccnside
time to resolve through ongoing litigation which wotlld suk
delay this project. Applicant has paid certain of said f~ protekt. City has determined notwithstanding this dispute
permits for development writhin this Precise Plan, In cons
c?f said detemiqation an6 of the City's decision *to allox development ,to proceed at this time, and as an express COT
I of such development, applicant shall agree to withdratq hi: and shall agree to pay or cause to be paid all sewer char5
fees for all Sewer permits issued or to Le issued for dew within this Precise Plan. Said protest shall be withdraw
applicant's agreement to pay all fees notwithstandinq any
he may have to the contrary sha.ll be executed prior to is:
of any further huil'ding permits for this project. shall have thirty days from the I resolution is. adopted to file and ?,erve any. legal challenc
Wish 'io. rmke to this conditio;?. Failure by applicant to .:
this condition within ,- the' thi.rty day time'lhit shall bar action.
Prior to occupancy of any portion of the shc center expansion, the following shall be accompl-ished by 1
at his expense:
a. The existing traffic signalized intersec
:- . Applicant . .. (. . '
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. ,. 9 0 El. Camino Real and P4arron Road sjk.1 be upgraded to an 8-p
fully activated signalized intersec ticn with interconneeti
ca.pabil-ities to the signal. to be constructed at the Marron
complex, and to all the signals along El Camino Real. from
.Highway 78 to fiosp F?ay, as appxoved by the City Engineer.
b, The Developer shall enter into a bonded a to construct a fully actuated traff i.c signalized intersect
Marron Road and future Monroe Street intersection. The ag shall provide for constructi.on of the signal at such time
the Monroe Street extension is to connect: to Xvlarron Road,
The-Developer shall agree to indemAify the C the Parking Au-thori.ty and shall. hold the City of Carlsbad the Parking-Authoxity, menhers of the City Council .and thc
Authority, sL1 their employees I officers and agents B whilc
as suchl free and hamless of and from any and all claims,
damage, cost, expense or liability' arising out of injury t:
to persons or dmmgc to property resulting direct3,y or' inc I from -the development of the property pursuant to this Prec or the City approva.1 of such plan, including the 6efense-c actions arising thexefrom.
In the event suit is brought upon this'agrzc
enforce the terms thereof, the City and the,.Parking Authol
be entitled to a.reason2bl.e sum as attbrney's feeso
er' 'shall maintain the .9u.ena Vista .. Cn
Chanhel within the boandaries of the Precise Plan.
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PASSED, APPROVED AND ADOPTED at a regular meetin
City Council of the'City of Carlsbad, California, held on
3rd day of Ai1~5t , 1978 by the Collowing voke, to
Councilmen Packard,. ., Skotnicki, tewis and ! AYES:
NOES : None .. ...
' ABSENT: ''C
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+TTEST :
p. 5 X zu' . E. ADAMS , city Clerk L.% .I/p/L.
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