HomeMy WebLinkAbout1976-02-03; City Council; 3481-3; Plaza Camino Real Expansion AgreementI
CITY OF CARLSBAD
AGENrA BILL NO. 3481-Supplement No. 3 Initial:
Dep t . Hd .
C!. Atty?j f-.& DATE : February 3, 1976
DEPARTMENT City Attorney . + C. Mgr.
Subject:
PLAZA CAMINO REAL EXPANSION AGQEEMENT -
Statement of the Matter
The City Council at your meeting of January 6, 1976 directed
the City Attorney to prepare the necessary documents amend- ing the agreement regarding deletion of a water line and modifying the street improvement reimbursement provisions. The First Supplement to Agreement incorporating the amend- ments, and the Resolution approving the First Supplement to Agreement are attached.
Exhibits
Resolution No.gf#f .
First Supplement to' Agreement.
Recommendation
If the Council desires to approve said amendments and agreement, your action is to adopt Resolution No. sg@f .
Council action
2-3-76 Resolution #3848 was adopted, approving First Supplement, amending Section 2.4 to the Agreement, and authorizing Mayor to execute said Agreement.
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RESOLUTION NO. 3848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIRST
SUPPLEMENT, AMENDING SECTION 2.4, TO THE AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE . PARKING AUTHORITY AND PLAZA CAMINO REAL FOR
EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOP-
PING CENTER AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follbws:
1. That that certain First Supplement to Agreement,
amending Section 2.4 of Article 2 of the Agreement dated November 5
1975, between the City of Carlsbad, the Parking Authority and
Plaza Camino Real for expansion of the Plaza Camino Real Regional
Shopping Center, 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
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
3rd day of February ' , 1976 by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
Counci lwoman Cas1 er
.NOES: None
ABSENT: None
ATTEST :
Ffl& DAMS,[City Clerk
(SEAL)
Pmc%& ROBERT C. FRAZEE, l yo
r DRAFT: 1/15/76 '-
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EXHIBIT "A" TO RESOLUTIOH NO. 3848
FIRST SUPPLEMEFIT TO AGREEMENT FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPING CENTER
This Agreement is made this 3rd day of Februarv I 1976
by and between the City of Carlsbad, California ((he "City") I the
Parking Authority of the City of Carlsbad, (the "Parking Authority")
and Plaza Camino Real, a California limited partnership ("Developer").
WITNESSETH
WHEREAS, the parties to this Agreement have heretofore entered
into an agreement dated November 5, 1975 for expansion of the Plaza
Camino Real Regional Shopping Center. The parties wish to amend said
Agreement in the manner hereinafter set forth.
NOW, THEREFORE, the parties hereto aTree as f3llcvs:
Section 2;4 of Article 2 of the Agreement dated November 5,
1975,for expansion of the Plaz'a Camino Real Regional Shopping Center,
is amended to read as follows:
"2.4 Equitable Contributions by Adjoining Land Owners:
Developer agrees to guarantee to City that the Owners of
property, which is not part of the New Public Parking Area, which
will benefit from the construction of the New Public Parking Area,
including the Marron Road Extension, will contribute to the costs
thereof. Attached to this Agreement, as Exhibit B, and made a part
hereof, is a map showing the proposed construction and identifying
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 form acceptable
to City, providing for a contribution for curbs, gutter, sidewalks,
one traffic lane and streetlights at an agreed cost of $35.00 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 on any assessor's parcel as shown on Exhibit B, to
be callable by City when development on such parcel occurs. Development
is defined as the application for.any City permit for any portion of
such parcel. Any liens not called by City when this Agreement termi-
nates shall be released by City.
The amount to be paid by the Parking Authority pursuant to
Section 2.5 of this Agreement shall be reduced by the amount of $35.00
per front foot for all or any part of property to the north of Marron
Road for which such agreement and lien are not forthcoming,
The parties recognize that Developer may have more difficulty
in securing the agreement required by this section from owners of the
property to the south of the Marron Road Extension than from those
to the north. Therefore, the amount to be paid by the Parking
Authority pursuant to Section 2.5 of this Agreement shall be reduced
by the amount of $5.75 per front foot for all or any part of properties
to the south of Marron Road.
The properties south of Marron Road are identified on
Exhibit B, as Assessor's Parcel 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 properties north of Yarron Road
for the purposes of this section.
2.
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Assessor's Parcel Number 154-160-24 shall be considered as
two separate parcels for the purposes of this section; one parcel
located to the east of the Marron Road extension having 590 feet of
frontage and the other located west of said extension and north'of
Jefferson having 285 feet of frontage." i ,
IN WITNESS WHEREOF, the City, the Parking Authority and
Developer have signed this Agreement as of the day and year first
above written.
ATTEST : CITY OF CARLSBAD
ATTEST : THE'PARKING AUTHORITY OF THE CITY
\ ATTEST : PLAZA CAMINO REAL, A Limited
By The May Stores Shopping Centers, Inc. Partnership,
Its General Partner
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
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