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Home My WebLink About1981-02-10; City Council; 3481-25; Plaza Camino Real Bond SaleDATE : FebruarylQ, 1981 Initial: Dep t . Hd . DEPARTMENT City Attorney C. Mgr. PLAZZC -CAMIN0 REAL BOND SALE Subject : Statement of the Matter The city's obligation to proceed with the bond sale does not arise until after the Plaza Camino Real has satisfied all of its obligations. One of those obligations was the construction of the 36-inch sewer trunk line and its dedication to the city as a public improvement. ordinances require that all such improvements be accepted free of any liens or encumbrances, the city has not yet accepted the public improvement, and are not in a position to do so because of the litigation which exists arising out of the line's construction. our recommendation that the city accept the line subject to the litigation with an indemnity and defense agreement from Plaza Camino Real. PCR has agreed and an Indemnity AgreeRent in that regard is attached. Approval of the agreement would also authorize payment to Plaza Camino Real of the $41,000 for the line in accordance with the judgment in the Grove case. Because the city's In order to proceed with the bond sale, it is Exhibits Indemnity Agreement. Resolution No.LVL/3 approving Indemnity Agreement. Recommendation If the Council concurs, your action is to adopt Resolution NO. /,c/v3 . Council Action: 2-10-81 Council adopted Resolution 6443, approving the Indemnity Agreement. 1 I 1s 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 6443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN INDEMNITY AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE PLAZA CAMINO REAL FOR CITY'S ACCEPTANCE OF CERTAIN PUBLIC IMPROVEMENTS (36-INCH SEWER LINE) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council, of the City of Carlsbad, California, does hereby resolve as follows: 1. That the agreement entitled "Indemnity Agreement", dated February 10 , 1981, on file with the City Clerk and incorporated by reference herein, is hereby approved. 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. 2. adj o urned PASSED, APPROVED AND ADOPTED at airegular meeting of the City Council of the City of Carlsbad, California, held on 1981 by the following vote, the loth day of- I to wit: AYES : NOES : None Council Members Packard, Casler, Lewis and Kulchin c RONALD C. PACKARD, Mayor ATTEST : . c. csr2or2rion (3ereizafter riferred to as "City"', snd -3AY CENTERS, I'JC., 3ZrnARD ZI'TXICN, 4. 3A~~!vl~, Zt., THE .WIT.% T'IIUST, created under t3e Last Nil1 of William S. 3arLaan, THE RESIDUARY TWST, created uncer =he Last Xi11 of William S. 3artxan, AND TARRY J.L. F-RVVK, i'Ii., (5eraizafter relerrid to as "Property Owner"), both of whom understand and agree as follows: RECITALS : 'WEREAS, City and Plaza Camino Zeal, a California limited partnership ( "?artnership" ) have agreed to cooperate in the ixpnsion of a regional shopping center situated in the 2ity of Carlsbad; and NXEREAS, as a part of said expansion the existing public parking area owned by the Carlsbad Parking Authority will be expanded, including the construction of t:?e Marron Xoad extension and public improvements related thereto; and ;qHEREAS, the Partnership has constructed the Yarron Road extension and the public improvements related thereto; and WHEilEAS, Property Cwner owns undeveloged real progerty (hereinafter referred to as the "Adjacent Land"), adjacent to the , Yarron Zoad extension. The Adjacent Land was not suitable for development prior to the construction of the Marron Road extension, but has been inade suitable for development Sy such construction. The Yunicipal Code of City would require Froperty Cwner to construct said extension of Marron Xoad and the other public improvements related thereto 2s a condition of approval for Zevelopr,ent of the a=;a~ent Land; and *-- Zevelcpent of the Adjacent Land: and WHEREAS, Property Owner in consideration of the construction of those prticns of t%e ?!arron iioad extension which woiild otherwise be the resparisibility of Property Owner as a condition of the developxent of the 7tdjacsrit Land, desires to enter this agreement to contriSute to the cost of the construction of such iz2rovenents. i<Oi.J, TYEKEFORE, it is agreed between the parties hereto as €allows: SECTION 1: Froprty Oihiner, subject to the provisions of this -. hgreement, agrees to pay to City the ccst of *cDqstructlng c,~rt;s,* - I- J _I gutterl sidewalk, streetlights and OKS traffic Iz-;rle--at-hn ;gr~zd cost of $35.00 per front f-oat of frontase orl-tl;e 1!3r:-Da bzd- extension. Property OI.;ner-has- 1,922 feet of slJch Fcan-L<c~ as sh~:z-n - on Exhibit "A" , attached :?ereto and ;:#&de a Z3rt h;?reof, arld a.jre;=s, subject to the provisisris of this Agreenext, to pay '_';e City the sum' of $67,270.00 €or such canstruetion. ._ - - - - - -- - - - -. - - -- -- -- -_ -- -- The Property Odner shall 22j' s3i-d -sua of sG7.270-00 tc- City - L - - -- - - upon receipt of any city p2rmit adthorizing affirm3ti:wT2 ph3sical change of the Adjacent Land, s1Jch as a grad3i it:or a aild ding -_ _. -- - transferees fail to prEorrn as sp2cified herein, agrees that City spcifically referred to herein, for the foreclosure of a lien, and the cJner of the Acijacent Land, at the time of foreclosure, shall be liable for reaso:-Lable atkorney's fees as a cost in said proceedings. SEC'TIGN 3: That it is agreed that anything herein contained to the contrary notwithstanding the promiszs and covenants made herein shall not 5e binding upon the holi-;?rs, ~~ortgagees, or Seneficiariss of any first mortgage or first deed of tri-lst for value which has been or may in the future be executed by the Property aG.reos to release tl-ie Adjacent Lznd,- or any partion of it as to Which said deposit or posting ap,nlies, frm the pr~visions of this agr?.-::ient, and to execute any necessary release ta e:%Sl,e the reccrd title of the property to be relcas?d from the lien herein izpsed. SECTION 5: This k3'eeiTient and the covenants contained herein 7. s-riall ?x ninling upon and inure to ??e ?=~,efit of the SUCC~SS~~S, heirs, assigns, and transferees of Propc'rty Owner, shall run with the AJjacent Land, and create an equitaSle servitude upon said Adjacent Land. This Agreement and the covenants contain;.d hzrzin shall Se binding upon and inure to the benefit of ?roperty Dwner agd '_:?e successive ownzrs of the Adjacent T,and only during their rsci-~ctive 2erioCls of ownership of the Adjacent T,and and shall not 52 an oblisation upon the person which survives a transfer of t'r,e Adjacent Land. Any personal oblf23:ion created hereunder shall terisizzte -- .. .. - .... ... .. .. ........ .... .... .. - ........ --. .. . .. .. - . ... ........ 4 .... .. ... ...... -. ATTEST: APPROVED z"is TO FORM: ClTY OF CARLSEAD, A Municipl corporation of the State of California 154 -1 60-21 154-160-24 I Bernard Citron, 241 Fawco, i3arry Frank, Jr. i3ernard Citron, 221 3ernard Citron, 0 Fawco, Zarry Frclnk, Jr. *-. . ZQWCO, Harry Frank, Jr. 3ernard Citron, 875 ?'a-d,-o, '-larry Frank, Jr. 154 -1 6C-25 sernard Citron, 235 Fawco, Zarry Frank, Jr. G r 0-Je A pa r txe n t s I nv e s t x 3 n t Co . 156-080-11 $X2ae, Grove Apartments Ins7est:wnt Co. 156-080-12 -$ 12, 3 /6, 2 3- Grove Apart,Tents Investnent Co. 533 20 473 EXHIBIT A. _-- .I