HomeMy WebLinkAbout1978-11-14; City Council; Resolution 5600c
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RESOLUTION NO. 5600
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEMENT BETKREN THE
CITY OF CARLSBAD AND THE CITY OF
OCEANSIDE FOR THE ACQUISITION OF
PUBLIC PARKING, 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 agreement between the City of Carlsbad
and the City of Oceanside for the acquisition of public parking,
a copy of which is attached hereto marked 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.
an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the
City Council of the City of Carlsbad, California, held on the
14th day of November , 1978 by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Lewis and Councilwoman Casler
NOES : Councilman Anear
ABSENT: None &+-d& +*s3
RONALD C. PACRARD, Mayok
ATTEST:
( SEAL)
I
A G R E E ra E N T
THIS AGREEMENT is made this 9 day of I
1978, by and between the City of Oceanside, a California
Municipal Corporation, hereinafter referred to as "Oceanside,"
and the City of Carlsbad, a California Municipal Corporation,
hereinafter referred to as "Carlsbad. "
WITNESSETH
WHEREAS, Carlsbad has issued a series of land use
approvals providing for the expansion of the Plaza Camino Zieal
Regional Shopping Center; and
WHEREAS, such expansion will create the need for a
substantial.amount of additional public parking in the area;
and
WHEREAS, because of the physical configuration of
the shopping center site, there are no suitable land areas
available within the city limits of the City of Carlsbad which
can be used ta provide that parking; and
WHEREAS, Oceanside will acquire a fully improved public
parking area within the City of Oceanside, which is immediately
adjacent to the public parking areas owned by the Carlsbad
Parking Authority which serve the Plaza Camino Real Shopping
Center. Said area is more properly described on Exhibit A,
attached hereto and made a part hereof; and
*
WHEREAS, such parking area is in excess of Oceanside's
needs and Oceanside is willing to convey it to Carlsbad;
and
WHEREAS, this Agreement provides for the lease of
the public parking area from Oceanside to Carlsbad and is
mutually satisfactory to Oceanside and Carlsbad.;
NOW, THEFEFORE, in consideration of the mutual
promises and agreements herein contained, the parties hereto
agree as follows:
SECTION 1: After construction of public parking
facilities on the property described in Exhibit A, and the
conveyance thereof to Oceanside, Oceanside shalt immediately
lease the said land and improvements to the City of Carlsbad.
The Lease, which the parties hereby agree to enter into, is
attached to this Agreement as Exhibit €3, and is made a part
hereof. By their respective approvals and execution of this
Agreement, Carlsbad and Oceanside authorize their respective
Mayors to execute said Lease. The Lease shall be executed
. immediately upon the opening for business to the public of
the Broadway Department Store located at the Plaza Camino
' Real Regional Shopping Center in Carlsbad.
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2.
e
IN WITPJESS WHEREOF, Oceanside and Carlsbad have
signed this Agreement as of the day and year first above
written.
CITY OF OCEANSIDE
APPR 1VED AS TO FORM:
CITY OF CARLSBAD
.APPROVED AS TO FORM:
RONALD C. PACKARD, Mayor
City Attorney
3.
EXHIB A to Oceanside/Carlsbad
Agreement dated
LEGAL DE S CRI PTI ON
A parcel of land situated in the City of Oceanside, County of San Diego, State of California, being a portion of the,
Northeast Quarter of Section 31, Township 11 South, Range
4 West described as follows:
Beginning at the Southeast corner of the North Half o the Northeast Quarter of Section 31; thence along the South line of said North half, North 89O42'19" West,
325.70 feet to the TRUE POINT OF BEGINNING; thence North 89'42'19" West, 1420.70 feet; thence leaving sa
South line North 397.24 feet; thence North 88'00'18"
East, 918.12 feet; thence North 89O41'28" East, 500.0 feet; thence South O"24'11" East, 439.22 feet to the
TRUE POINT OF BEGINNING.
f
.id
4
EXHIBIT B Oceanside/Carlsbad
Agreement eted
LEASE
THIS LEASE is made this day of r
1978, by and between the City of Oceanside, a California
Municipal Corporation, hereinafter referred to as "Oceanside,"
and the City of Carlsbad, a California Municipal Corporation,
hereinafter referred to as "Carlsbad."
WITNESSETH
>
WHEREAS, Oceanside owns a public parking lot which is
in excess of its needs; said lot is more particularly descrihed
in Exhibit 1, attached hereto and made a part hereof; and
WHEREAS, Carlsbad has determined that there is a
necessity for more public parking in the City of Carlsbad to
serve tfie area around the Plaza Camino Real Regional Shopping
Center; and
WI-IEREAS, the parties have reached agreement on mutually
beneficial terms whereby Oceanside will lease their public
parking lot to Carlsbad;
NOW, THEREFORE, in consideration of the mutual promises
and agreements herein contained, the parties hereto agree as
follows :
SECTION 1: Lease of Public Parking Area.
Oceanside hereby leases to Carlsbad and Carlsbad hereby
leases from Oceanside the real property and improvements located
in the City of Oceanside and more particularly described in
Exhibit 1.
SECTION 2: Term.
The term of the Lease shall commence on the day
of I 19 . The tekn of this Lease shall be fifty
(50) years and shall expire at midnight of the last day of the
fiftieth (50th) year.
SECTION 3: Rent.
Carlsbad agrees to pay rental in the amount of Seven
and use of the leasehold as provided herein for the fifty (50)
year term as follows:
Carlsbad shall pay to Oceanside without deduction,
setoff, prior notice, or demand, the sum of Seventy
Thousand Dollars ($70,000) annually for each of the
first ten (10) years of this Lease and One Dollar
($1.00) annually for each of the remaining forty (40)
years of the Lease.
on the last day of each year of this Lease.
SECTION 4: Rent Adjustment.
As of the date of this Lease state law provides that
The rent shall be due and payable
.Carlsbad will receive one cent of the six cent state sales tax
to be collected on taxable sales at the Broadway Department
Store at Plaza Camino Real in Carlsbad.
Section 3 is based upon an assumption that Carlsbad will continue
The rental payment in
2.
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to receive said one cent through the first ten (10) years
of this Lease. If the state law governing the distribution
of sales tax to cities is changed at any time during the first
ten (10) years of this Lease so that Carlsbad receives less than
said one cent, and if any portion of said one cent is distributed
to cities on a basis other than situs of sale, then the rental
payment due under Section 3 of this Lease shall be reduced to
One Dollar ($1.00) per year effective when said change in state law
is effective.
>
During the first ten (10) years of this Lease, if state
. legislation alters the manner in which state sales tax revenues
are distributed to local entities in some manner other than
described above in this section, and if such alteration reduces
the sales tax revenues distributed to the City of Carlsbad
relating to sales occurring at the Plaza Camino Real Shopping
Center, and if such alteration results in the receipt by Oceanside
of a portion of said revenues, then the rental described in
Section 3 of this Lease shall be subject to renegotiation upon
the request of-the City of Carlsbad so as to provide for a
reduction of said rent consistent with the reduced tax revenues
in Carlsbad and the increased
SECTION 5: Option.
The City of Carlsbad
the leasehold at any time for
tax revenues to Oceanside.
shall have the option to purchase
One Dollar ($1.00), on the condition
that the City of Carlsbad shall have paid the rental required by
. 3,
c
. . _., .*',_ . . . -. . .. . - - -. ~ . . . , ... . . . . e
Sections 3 and 4 of this Lease. The parties hereto acknowledge
and agree that the nominal amount of the purchase price is based
on the fact that the payments required of Carlsbad by this
Agreement represent both rental and approximate fair market
value. The option may be exercised by giving Oceansic?e written
notice of Carlsbad's intent to exercise the option. Oceanside
shall have sixty (60) days within which to deliver title to the
subject property.
SECTION 6: Maintenance and Operation.
Carlsbad shall maintain during the term of the Lease
hereunder the parking area in good order, condition, and repair,
and shall be responsible for all costs 'and expenses of operating
same as a public parking facility. Oceanside agrees to keep the
leasehold free and clear of all liens, charges and encumbrances.
The estate conveyed hereby is subject to the right of Plaza
Camino Real to maintain, manage and operate the parking facilities
for the public purposes for which the same were constructed and
conveyed to Oceanside to wit: for use by the general puhlic as -
an off-street parking lot for motor vehicles. Immediately upon
execution of this Lease, Carlsbad shall eriter into an agreement
with Plaza Camino Real whereby the subject property will be made
subject to the Plaza Camino Real Public Parking Lot Operating Agree-
. ment between City of Carlsbad, Parking Authority of City of Carlsbad
and Developer, Exhibit F to the Fourth Supplement to Agreement for
Expansion of Plaza Camino Real Regional Shopping Center, whereby
Plaza Camin0 Real operates the public parking areas owned by the Carlsbad
4.
Parking Authority. In addition, the agreement shall provide for
the assumption by Plaza Camino Real of.Carlsbad's obligations
under this section to operate and maintain the public parking area.
SECTION 7: Indemnity.
Carlsbad shall indemnify Oceanside and hold Oceanside
harmless from and against any and all actions, claims, demands,
costs, damages, penalties, expenses or liabilities of any kind
whatsoever by reason of the maintenance or operation of the
parking lot or by reason of the use thereof. This indemnifi-
cation shall include reasonable attorneys' fees which Oceanside
may expend in connection with any of the foregoing.
SECTION 8: Insurance.
Carlsbad shall, from and after the date of this Lease,
carry public liability and property damage insurance covering
the parking lot written by financially responsible insurance
company(s), authorized to do business in the State of California
and with limits of liability of at least a combined single limit
of Two Million Dollars ($2,000,000) per occurrence. All such
insurance shall name Oceanside as additional insured and shall
. .be maintained in full force and effect by Carlsbad for the term
of this Lease. .
Should the parking facilities be damaged by fire,
lightning, vandalism, malicious mischief or any other casualty,
Carlsbad shall cause the repair of such damage with all reason-
able dispatch.
be procured and maintained in full force ani! effect at all times
5.
Carlsbad shall procure and maintain or cause to
.. . .., . . _1 h .^ _. , ... -. _. . .. . .
during the term of this Lease, a policy or
against loss or damage to the improvements
resulting from fire, lightning, vandalism,
policies of insurance I;
of the parking lot, f
malicious mischief, I
and such other perils as are ordinarily included in "fire and
extended coverage insurance," providing coverage at one hundred
percent (100%) of the replacement value of said improvements
written by financially responsible insurance company(s) authorized
to do business in the State of California. Oceanside shall be
named as an additional insured under said policy of insurance.
Proceeds of the said insurance shall be applied toward the cost
of repairs or replacements of said improvements.
Carlsbad shall cause policies of insurance or certificates
thereof to be provided to Oceanside to evidence Carlsbad's
compliance with the requirements of this section and providing
that the coverage under such policies shall not be reduced or
cancelled except after thirty (30) days written notice to
Oceanside. The insurance required under this section may be
obtained through blanket policies or contracts which may cover
other properties or liabilities, provided that as respects the
insurance referred to in this section, there is separately stated
and allocated in such policies or contracts with respect to the
parking lot an amount at least equal to the amount of insurance
required with respect to the parking lot as if the same were so
insured under separate policies or contracts of insurance.
6.
SECTION 9: Purpose of Use. ,
Carlsbad shall be obligated to manage, operate and
maintain the parking area leased so as to afford to the general
public an off-street public parking lot for motor vehicles
without charge in accord with the Public Parking Law of 1949.
SECTION 10: Assignment and Sublease.
This lease and any interest herein shall not at any
time, without the prior written consent of Oceanside, be
mortgaged, pleadged, assigned, subleased or transferred by
Carlsbad.
SECTION 11: Assumption of Obligations.
Except for payment of rent as provided in Section 3
above, Carlsbad may satisfy all or any part of its obligations
to Oceanside under this Lease by furnishing Oceanside with a copy
of an agreement between Carlsbad and Plaza Camino Real whereby
Plaza Camino Real assumes responsibility for such obligations.
SECTION 12: Surrender of Leasehold.
Upon the expiration of this Lease and in the absence of
that they shall
together with any improvements thereon, in good order and con-
dition and in a state of repair that is consistent with prudent
use and conscientious maintenance except for reasonable wear and
tear.
7.
L '* .. 0
SECTION 13: Right of Entry.
Oceanside and its designated representative shall have
the right to enter upon the leasehold during reasonable business
hours and in emergencies at all times, for any purpose related
to Oceanside's rights or obligations under this agreement, or
for any other lawful purpose.
SECTION 14: Liens.
When Oceanside leases the property to Carlsbad it shall
be free of all liens and encumbrances. Carlsbad shall keep the
parking lot free and clear of all material liens or mechanics'
liens or any other similar liens for repair, maintenance and
operation, services, labor or materials which may arise from any
work done on the parking lot by or at the direction of Carlsbad.
Carlsbad may in good faith contest the validity of any such lien
and shall at its expense defend itself and Oceanside against the
same and pay any final judgment which may be rendered thereon.
If Carlsbad elects to contest any such lien, they shall record
a surety bond in accordance with California Civil Code Section 3143
releasing the parking lot from such lien within ten (10) days
after it becomes aware of the recordation of any such lien or
Carlsbad shall deliver the aforementioned bond to Oceanside.
SECTION 15: Taxes.
The parties take the position that the leasehold
constitutes public property free and exempt from all taxation;
however, Carlsbad and Oceanside agree to jointly take whatever
0.
steps may be necessary to contest any proposed tax or assessment,
or to recover any tax or assessment paid.
SECTION 16: Quiet Enjoyment.
The parties hereto mutually covenant and agree that
Carlsbad, by keeping and performing the covenants and agreements
herein contained, shall at all times during the tem, peaceably
and quietly have, hold, and enjoy the leased property without
suit, trouble or hindrance from Oceanside.
SECTION 17: Applicable Law.
This Lease shall be governed exclusively by the
provisions hereof and by the laws of the State of California,
subject to the waivers, exclusions, and provisions herein
contained.
SECTION 18: Notices.
All notices, statements, demands, requests, consents,
approvals, authorizations, offers, agreements, appointments,
or designations hereunder by either party to the other shall be
in writing and shall be sufficiently given and served upon the
other party if sent United States registered mail, return
receipt requested, postage prepaid and addressed as follows:
City of Oceanside City Manager 321 North Nevada Street Oceanside, CA 92054
City of Carlsbad City Manager
1200 Elm Avenue Carlsbad, CA 92008
9.
SECTION 19: Waiver.
The waiver by Oceanside of any breach by Carlsbad of
any term, covenant, or condition hereof shall not operate as
a waiver or any subsequent breach of the same or any other term,
covenant, or condition hereof.
SECTION 20: Enforcement.
If Carlsbad shall at any time fail or refuse to pay
any obligation or perform any work or furnish any services
required on their part under this Lease, Oceanside may prosecute
any proceeding at law or in equity to secure by way of specific
performance or otherwise Carlsbad's obligations.
SECTION 21: Validity.
If any one or more of the terms, provisions, promises,
covenants, or conditions of this Lease shall to any extent be
adjudged invalid, unenforceable, void, or voidable, or unforce-
able by Oceanside, or if for any reason it is held by such a
Court that the covenants and conditions of Carlsbad hereunder,
including the covenants to pay rent hereunder, is unenforceable
for the full term hereunder, then and in such event for and in
consideration of the right of Carlsbad to possess, occupy, and
use the leasehold, which right in such event is hereby granted,
then this Lease shall thereuponbecome,and shall be deemed to
be, a lease from year to year under which the annual rents
-herein specified shall be paid by Carlsbad.
10.
,’ 1’ e
IN WITNESS WHEREOF, Oceanside and Carlsbad have signed
this Lease as of the day and year first above written
ATTEST :
IRENE D. DUEHREN, City Clerk
CITY OF OCEANSIDE
PAUL G. GRAHAM, Mayor
APPROVED AS TO FORM:
CITY OF CARLSBAD ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORV:
City Attorney
RONALD C. PACKARD, Mayor
11.
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- EXHIBIT 1 to Oceanside/Carlsbad
. .. .~. . . ..
LEGAL DESCRIPTION
L
A parcel of land situated in the City of Oceanside, County of San Diego, State of California, being a portion of the
Northeast Quarter of Section 31, Township 11 South, Range
4 West described as follows: I
Beginning at the Southeast corner of the North Half of
the Northeast Quarter of Section 31: thence along the South line of said North half, North 89O42'19" West,
325.70 feet to the TRUE POINT OF BEGINNING; thence
North 89O42'19" West, 1420.70 feet; thence leaving said South line North 397.24 feet; thence North 88°00'18's
East, 918.12 feet; thence North 89"41'28" East, 500.04
feet: thence South OO24'11" East, 439.22 feet to the
TRUE POINT OF BEGI-WING,
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EXCERPTS FROM THE MINUTES OF THE OCEANSIDE CITY COUNCIL REGULAR
MEETING, NOVEMBER 8, 19 7 8.
The regular meeting of the 0ceansid.e City Council was called
to order at 1:OO P. M., November 8, 1978. was led by Mayor Graham.
The Pledge of Allegiance
ROLL CALL: Present were Mayor Graham, Cwmn Chavez, Cmn Avis, Bell, and
Casey. Also present were City Manager Bourcier, City Attorney Null,
Acting Planning Director Gentles,'Acting City Engineer Golden,
Recreation Superintendent Turner, Director of Finance Moon, and City
. Clerk Duehren.
May Company Agreements. The City Attorney recommended that Council
authorize the Mayor and Clerk to sign 1) Agreement between the City
and the developer, Plaza Camino Real, and 2) Agreement with the City
of Carlsbad. He advised that the developer is committed to pay the
City of Oceanside $300,000, payable at $30,000 per year for 10 years,
with no adjustment.
$70,000 per year for 10 years, with a provision for a rent adjustment,
in the event the sales tax distribution is changed. Once the $700,000
has been
Motion was made and seconded to approve the documents and authorize
the Mayor and Clerk to sign; motion passed unanimously.
Carlsbad will pay $700,000 on the lease at
paid, they have the right to purchase for $1.00.
-
...
ADJOURNMENT:
November 14, 1978, at 9:00 A.M., in the Council Chambers; Motion
passed.
November 8, 1978.
Motion was made and seconded to adjourn the meeting to
The Mayor declared the meeting adjourned at 7:Ol P. M.,
I, REBECCA R. SHEETS, hereby certify that the foregoing are true dnd
exact excerpts from the minutes of the Oceanside City Council meeting
on November 8, 1978.
these minutes were subsequently approved by the City Council of the
City of Oceanside.
Dated: November 27, 1978.
The acts reported her'ein did take place and
Rkcca R. Sheets, Deputy City Clerk
City of Oceanside, California