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HomeMy WebLinkAbout1976-02-03; City Council; Resolution 3848RESOLUTION NO. 3848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIRST SUPPLEMENT, A?!lZNDING SECTION 2.4, TO THE AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY AND PLAZA CAMINO REAL FOR EXPANSION OF PLAZA CAMINO l?EAL 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 follows: 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 NOES: None Councilwoman Casler ABSENT: None ATTEST : ( SEAL 1 PM%*p ROBERT C. FRAZEE, P yo -I - __ - - - - - __ 0 RESOLUTION IJO. - a umJ. 1. A/ IJ/ IU L- "k, I. c- ? 8 FIRST SUPPLEMENT TO AGREEMENT FOR EXPANSION OF PLAZA CAMINO REAL REGIONAL SHOPPING CENTER This Agreement is made this 3rd day of February I- by and between the City of Carlsbad, California (the "City"), tht Parking Authority of the City of Carlsbad, (the "Parking Authori- and Plaza Camino Real, a California limited partnership ("Develo] WITNESSETH WHEREAS, the parties to this Agreement have heretofore e into an agreement dated November 5, 1975 for expansion of the P1 Camino Real Regional Shopping Center. The parties wish to amend Agreement in the manner hereinafter set forth. NOW, THEREFORE, the parties hereto agree as follows: Section 2.4 of Article 2 of the Agreement dated November 1975,for expansion of the Plaza Camino Real Regional Shopping Ce is amended to read as follows: "2.4 Equitable Contributions by Adjoining Land Owners: Developer agrees to guarantee to City that the Owners o property, which is not part of the New Public Parking Area, whic will benefit from the construction of the New Public Parking Arc including the Marron Road Extension, will contribute to the cost thereof. Attached to this Agreement, as Exhibit B, and made a 1 hereof, is a map showing the proposed construction and identify: the benefiting properties. Prior to the conveyance of the New Public Parking Area the Parking Authority in accord with Section 2.5 of the Agreemer 0 * . - 4. , 12 Developer shall furnish to City agreements in a form acceptable to City, providing for a contribution for curbs, gutter, sidewalJ one traffic lane and streetlights at an agreed cost of $35.00 pel front foot from each owner of benefiting property as shown on Ex1 Said agreements shall be secured by a lien on each property in fz of City; the lien on any assessor's parcel as shown on Exhibit B be callable by City when development on such parcel occurs. Dew is defined as the application for any City permit for any portioi such parcel. Any liens not called by City when this Agreement t nates shall be released by City. The amount to be paid by the Parking Authority pursuant Section 2.5 of this Agreement shall be reduced by the amount of per front foot for all or any part of property to the north of M Road for which such agreement and lien are not forthcoming. The parties recognize that Developer may have more diff in securing the agreement required by this section from owners o property to the south of the Marron Road Extension than from tho to the north. Therefore, the amount to be paid by the Parking Authority pursuant to Section 2.5 of this Agreement shall be red by the amount of $5.75 per front foot for all or any part of prc 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 prop€ identified on Exhibit B shall constitute properties north of %ai for the purposes of this section. 2. 4 0 e 1 ., <4- i r Assessor's Parcel Number 154-160-24 shall be considered two separate parcels for the purposes of this section; one parce located to the east of the Marron Road extension having 590 feet frontage and the other located west of said extension and north Jefferson having 285 feet of frontage." IN WITNESS WHEREOF, the City, the Parking Authority and Developer have signed this Agreement as of the day and year firs above written. ATTEST : CITY OF CARLSBAD BY ([ &F@U Clerk ATTEST : THE PARKING AUTHORITY OF THE CI OF CABLSBAD, CALIFORNIA ff& ATTEST : PLAZA CAMINO REAL, A Limited Partnership, By The May Stores Shopping Cer Its qeneral Partner / BY -- .. ./ 3.