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HomeMy WebLinkAbout1975-11-05; Parking Authority; Resolution 13& 'Z ,: 1' 2 41 3l 6l I 8, 'I 6/ e m RESOLUTION NO, 13 .--- -_.I..1 A RESOLUTION OF THE PARKING AUTHORITY OF ING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF CARLSRAD AND PLAZA CININO REAL FOR EXPANSION OF THE PLAZA CAMINO REAL PARKING AREA. I THE cmy OF CZ~RLSBAD I CALIFORNIA, APPROV- Ij I --A- --__---^__--.-.. ____.__- ___._ __I..._ WHEREAS, the City of Carlsbad has provided to thc liuthority an agreement. pursuant to which the Authori.ty wou? acquire additional parking faciliti-es in the area of the PI 11 12, a 2 2 5 131 .cc w u: Q m 70 O'U no?% v 2 14 z> $$ ?%$ $S?< go z "" .rk 15 I- >- zftj8ci 161 >k 2 1'7 t-0 t 0 18 19 20 21 22 23 ZV u. Q< of the AutAority and has been found to be satisfactory in z respcxts; I NOW, THEREFORE, the Parking Authority of the. Cit: ! I Carlsbad, California does hereby FIND, RESOLVE, DETERMTNE i I 1 OKDE,R as fo?,lo.i./-s: Section 1. That certain agreement between the C: I I I of Carlsba.d, the Parking Authority and Plaza Camino Real, 1 attached hert?to as Exhibit A, is hereby approved. 1 Section 2. That the Chairman and Clerk of the I 1 Authority are hereby authorized and directed to execute sa. I I agreement. on behalf of the Authority. j ADOPTED, SIGNED AND APPROVED this 5th day 0: I I I ! , .- 4 . 4- .j 11 2 3 7 5 9l 6 7 8 10 11 22 2 Y 8 13 f: 5 02 du, .I5 14 0 0 .K N 5p$$ w w i I STA'I'E OF CALIFOXNLA ) ' CCUNTY OF SAN DIEGO ) I ) ss. I I, MARGARET ADAMS, Clerk of the Parking Au-thori.t the City of Carlsbad, California, DO HEREBY CERTIFY that t ?oregoin9 resolution was duly adop-ted by the Parking Authc of the City of Carlsbad at a meeting of said Parking Authc he1.d on the - 5 th day of -- November , 1975, and thz was sc) adopted by the following vote: AYES : Directors 'Richardson, Sugg y Ki 11 en y M and Dunne -- NOE s : None ARSENT : None -_ I I/ ze E > ,- 2 lr c Qa: C) 3- lt.i 9 sei 0 2o 21 23 24 25 27 26 /I j (s:mr.,f I i j I I ). ." i ~ I ij I ! ~ I * a ~V .L ' ,* AGREEMENT - This Agreement is made this 5th day of November 1975 by and between the City of Carlsbad, California (the "Ci the Parking Authority of the City of Carlsbad, (the "Parking Authority") and Plaza Camino Real, a California limited partr ship ("Developer") . WITNESSETH I WHEREAS, in 1969 and 1970, Developer opened Plaza Cami Real, a two-level enclosed mall regional shopping center (the "Center") situated in the City. The Center serves the City e surrounding areas through large May CO, and J. C. Penney depe ment stores and approximately 65 mall stores: and WHEREAS, Developer proposes to expand the Center to th West, said expansion to result in the construction of a two-1 Sears department store and a three-level Broadway department together with an extension of the two-level enclosed mall inv the construction of 130,000 square feet of new mall stores; a WHEXEAS, such construction will necessitate an expansi of the public parking area owned by Authority which serves th existing center; and WHEREAS, City, the Parking Authority and the Developer desire to cooperate in the construction of additional parking facilities. NOW, THEREFORE, the Parties hereto agree as follows: - e e ,\ '\ I_. I ARTICLE I DEVELOPMENT PLANS AND APPROVALS 1.1 Incorporation of Site Plan. Attached to this Agreement as Exhibit A and made a pal hereof is a site plan of the Center prepared by Shuirman EL R< and bearing a last revision date of September 27, 1975 (the ' Plan"). Among other things, the Site Plan shows; (a) The existing department stores, mall stores and mall. (b) The public parking area now owned by the Par Authority (the "Existing Public Parking Area") . (c) The parking area in the Center that is pres€ owned by Developer. (d) Land to be added to the Center in connectior the expansion. (e) The location of the Sears and Broadway store the location of the extended enclosed mall and the location c the new mall stores. (f) The parking area in the Center to be acquire the Parking Authority under the terms of this Agreement, incl the proposed connection of the new public parking area to Jefferson Street (the "New Public Parking Area") * 1.2 Refinement of Site Plan. Developer, the City and the Parking Authority realize Site Plan may be refined as the planning process proceeds ant 1.1 0 e 1% I. 1 that this refinement may result in changes in building locatj and sizes, tract sizes, the parking ratio, the location of ir roadways and so forth. No such change will impair the obligi of the Parties under this Agreement; provided, however, Dew shall make no change in the Site Plan unless it secures the ( consent to the change. City shall not unreasonably withhold consent - 1.3 Grading and Preliminary Construction. Upon approval of this Agreement and after Developer hz secured all necessary approvals including, but not limited tc processing under Title 20 of the Carlsbad Municipal Code and grading permit, grading for the project may be accomplished j accord with the Site Plan. Developer may also construct the posed connection of the New Public Parking Area to Jefferson Such construction shall be in accord with Permit No. F1336 is by the San Diego Coast Regional Commission. 1.4 Precise Plan of Development. No building permit shall be issued for any use in the covered by the Site Plan until City has approved a Precise PI Development pursuant to this Section. Developer shall prepar the plan and submit it to the Planning Department. The plan be forwarded with recommendations to the City Council for the consideration and approval, conditional approval, modificatic disapproval. The plan shall address the mitigation measures summarized in Planning Commission Resolution No. 1180 on file the Planning Department of City and incorporated by reference 1.2 2 d- e a L or as more fully set out in Environmental Impact Report EIR-; as certified by City on October 7, 1975. The development shall be subject to the standards reqi in the underlying zone. In addition the City Council in appi the Precise Plan of Development may impose conditions or reqi ments that include provisions for, but are not limited to, sc yards, open space, building height and bulk, fences, walls, : regulations, landscaping, grading, public dedications, public improvements, timing or phasing of development, regulation oJ interior roadways, points of ingress and egress, environment< impact mitigation measures, and such other conditions deemed necessary to insure the development conforms to the General I and other adopted policies, goals or objectives of the City. 1.3 e 0 ,. . ,- ). ARTICLE 2 NEW PUBLIC PARKING AREA 2.1 Construction of New Public Parking Area. Upon their completion, Developer shall submit plans and specifications for the New Public Parking Area to the City for its approval. Developer will advertise for bids in accord with City procedures and upon receipt of the bids, Developer will le the construction contract to the lowest responsible bidder aft€ first securing the City's approval to such letting. The construction contract will require completion of construction in accordance with the approved plans and specifi- cations within six months of the awarding of bids. 2.2 Connection to Jefferson Street. A portion of the New Public Parking Area will include a connection to Jefferson Street (herein called the "Marron Road Extension"), which will be located as shown on the Site Plan. The Marron Road Extension will include an appropriate realign- ment and traffic signalization of Jefferson Street at the Marrc Road Extension - Jefferson Street intersection. Developer shal acquire the title to all property necessary for the Marron Road Extension prior to the commencement of construction. 2.3 Permit from Coastal Commission. The City is presently in receipt of a permit from the Ca Coastal Commission, No. F1336, which allows construction of the Marron Road Extension. On June 6, 1975 said permit was extende 2.1 0 0 a. . *. ). for one year from the original expiration date of the permit. Developer shall comply with all terms and conditions of said permit. 2.4 Equitable Contributions by Adjoining Land Owners. Developer agrees to guarantee to City that the Owners property, which is not part of the New Public Parking Area,wh will benefit from the construction of the New Public Parking including the Marron Road Extension, will contribute to the c thereof. Attached to this Agreement, as Exhibit B, and made hereof, is a map showing the proposed construction and identi 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 fo acceptable to City, providing for a contribution for curbs, gutter, sidewalks, one traffic lane, streetlights and waterli at an agreed cost of $45.00 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 to be callable by City when development on the prope occurs. For properties north of Marron Road development is defined as the application for any City permit for any portio of the property. For properties south of Marron RoaC! develop is defined as the application for any City permit for activit 2.2 ). .> 0 e in Units D, E & F of the Master Development Plan for Hosp Grc Kamar Construction Co., Inc., dated, Revised December 9, 1965 on file in the office of the Planning Department of City and incorporated by reference herein. Any liens not called by Ci when this Agreement terminates shall be released by City. The amount to be paid by the Parking Authority pursuar to Section 2.5 of this Agreement shall be reduced by the amoi of $ 45.00 per front foot for all or any part of propel to the north of Marron Road for which such agreement and lier are not forthcoming. The Parties recognize that Developer may have more dif in securing the agreement required by this section from ownel of the property to the south of the Marron Road Extension thz from those to the north. Therefore, the amount to be paid bi the Parking Authority pursuant to Section 2.5 of this Agreeme shall be reduced by the amount of $ 11.25 per front for all or any part of properties to the south of Marron Roac The properties south of Marron Road are identified on Exhibit B, as Assessor'sParcel 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 propertic north of Marron Road for the purposes of this section. 2.5 Conveyance of New Public Parking Area. Upon completion of the New Public Parking Area but pr.! to its use as a parking facility, Developer shall cause the E Public Parking Area (i.e. land plus the paving and other imp] ments thereon) to be conveyed to the Parking Authority by grz deed, and the Parking Authority shall accept this conveyance 2.3 3. .a 0 0 The grant deed shall contain provisions similar in substance those set out in the grant deed dated October 21, 1969, and recorded on October 21, 1969, with the San Diego County Recor as Document No. 193480 whereby developer conveyed the existir public parking area to the Parking Authority. Upon the openj for business of the Sears and Broadway department stores and majority of the new mall stores, when City has received and accepted the agreements contemplated by Section 2.4 of this Agreement, after the Parking Authority has sold bonds in accc ance with Section 3.1 of this Agreement, and after the Lease Maintenance Agreements have been executed in accordance with Sections 2.6 and 2.7 of this Agreement, the Parking Authorit1 pay Developer as consideration for the conveyance an amount equal to the actual sums expended to construct the New Parkir Area improvements but in no event more than the net proceeds the bonds sold in accordance with Section 3.1 of this Agreemc In the event that the Sears and Broadway department st and the majority of other mall stores are not open for businc within two years after completion of the New Public Parking 2 the Parking Authority shall reconvey the New Public Parking 2 to Developer and this Agreement shall terminate. 2.6 Lease of New Public Parking Area. When it acquires the New Public Parking Area, the Par1 Authority will immediately lease the same to the City under I and conditions (except for the annual rent) similar to those out in the instrument dated August 21, 1969 whereby the Park: 2.4 .* 0 a Authority leases the Existing Public Parking Area to the Citl The annual rent paid by the City for the New Public Parking 1 shall be sufficient to pay the principal of and interest on t bonds that will be sold by the Parking Authority in accordanc with Section 3.1 of this Agreement. 2.7 Operation and Maintenance of Public Parking Area: When the lease contemplated in Section 2.6 of this Agr is operative the City shall enter into an agreement with the Developer for the operation and maintenance of the New Public Parking Area. In the alternative, the existing Public Parkir Lot Agreement may be amended to indlude within its scope the New Public Parking Area or the new Agreement may include the existing lot and the existing Agreement may be terminated. I any event Developer will, for the duration of the new or amer Agreement, and subject to the terms thereof, agree to operate and maintain to City standards the New Public Parking Area ar the existing Public Parking Area at no cost to the City or tf Parking Authority. 2.8 Location of Broadway Store on Existing Public Pax Area. As indicated on the Site Plan, the southern portion of the Broadway store, as proposed, will be located on land that presently a part of the Existing Public Parking Area. Before construction is commenced on the Broadway store arrangements acceptable to City and the Parking Authority must be made to convey such land to Developer. As a condition precedent to E conveyance, Developer shall convey to the Parking Authority I: 2.5 . 0 0 grant deed, equivalent acreage elsewhere in the Center as shc on the Site Plan. Said acreage shall be at least equal in a1 to the land conveyed by the Parking Authority and shall be in by Developer in the same manner as the land conveyed by the Parking Authority and shall be of at least equal value and utility for parking purposes. 2.9 Marron Road Improvements. A portion of the Existing Public Parking Area which ir sects with El Camino Real is known as Marron Road. The conne of a portion of the New Public Parking Area known as the Marr Road Extension to Jefferson Street will open all of so-callei Road to through traffic and necessitate some improvements to Road. Said improvements must deal effectively with traffic problems by controlling access between Marron Road and the bz of the Existing Public Parking Area, and with pedestrian pro1 along Marron Road and between the theater on the south side c Marron Road and the Existing Public Parking Area. City shall accomplish an Engineering Study of the traf and pedestrian problems. City may contract for such study wi an independent consultant. Developer upon receipt of a writt request from City shall pay to City one half of the cost of E study. City shall determine based on such study those improl ments necessary to mitigate the traffic and pedestrian problc Developer upon receipt of a written request from City shall C one half of the estimated cost of the traffic improvements. 2.6 0 e shall construct or cause the construction of said improvements Upon completion City shall notify Developer of the cost of sai improvements. City shall return to Developer any part of his deposit in excess of one half of the cost of said improvements If one half of the cost of said improvement exceeds Developer' deposit, Developer upon written request from City shall pay tk. amount of such excess to City. Developer shall be responsible for all improvements ne to resolve pedestrian problems, which shall be accomplished tc the satisfaction of City; provided the costs of such improveme to be paid by Developer, shall not exceed the cost of a fully actuated signal interconnected to the signals at the intersect of Marron Road and El Camino Real. The time for completion of all improvements required 13 this section shall be at the discretion of City. 2.7 a .' 0 0 ARTICLE 3 FINANCING OF NEW PUBLIC PARKING AREA 3.1 The Parking Authority will sell bonds in the face amou $1,500,000.00 or such lesser amount as may be required to ena the Parking Authority to make the payment to Developer requir by Section 2.5 of this Agreement. All expenses of the bond s including, but not limited to, fees for Bond Counsel and a Financial Consultant will be paid by the Parking Authority frc the proceeds of the bond sale. The Parking Authority will us( the net bond proceeds to purchase the New Public Parking Area accord with Section 2.5 of this Agreement. The timing and ma of the bond sale shall be at the discretion of the Parking Authority, provided the sale shall occur in a timely manner tc enable Parking Authority to make the payment required by Sect of this Agreement. Sale of Bonds by Parking Authority. 3.2 Obligation to Place Bonds. If the Parking Authority is unable to sell the bonds, ' Developer shall find a buyer for them. The buyer shall be en. to purchase such bonds at the maximum interest rate permitted by law. 3.3 Revenues to Cover Debt Service on Bond Issues. If, on the last day of any fiscal year, the sales tax revenues received by the City and attributable to the Center I less than the lease payments paid by City to the Parking Authc 3.1 0 a for the Existing Public Parking Area and for the New Public Parking Area, then Developer shall, on the request of the Cit pay the City the difference between such amounts. If said tt revenues exceed said lease payments in any fiscal year subsec to a year in which Developer is required to make a payment tc the City pursuant to this section City shall reimburse Develc from such excess revenues but only to the extent that the cur tive revenues received by the City through such year exceed 1 cumulative debt service payments required by the bonds throuc such year. Any obligation on the part of the City to make payments pursuant to this section shall terminate upon retirc ment of the bonds sold pursuant to this Agreement. 3-2 0 0 ARTICLE 4 CONDITIONS PRECEDENT 4.1 List of Conditions and Deadline Dates. The obligations of the City, the Parking Authority anc Developer to proceed this Agreement are subject to the fulfil ment of the following conditions. The date by which each cor dition must be fulfilled is set out in the parenthetical clat immediately following the condition. (a) Developer delivers to the City a letter fron Sears, satisfactory to the City, wherein Sears commits itself to open a store in the expanded Center ( March 1, 1976 ). (b) The City and the Parking Authority receive from their counsel an opinion stating that the transactions herein contemplated on the part of the City and the Parking Authority may be consummated under existing law ( March 1, (c) All environmental impact reports and similai instruments relating to the expansion have been filed and all necessary governmental clearances, permits and so forth in cc tion therewith have been issued to the City, the Parking Aut1 or the Developer, as the case may be ( March 1, 1976 ). (d) Developer has in hand enforceable agreements whereby it or the Parking Authority can acquire title to the underlying the new Public Parking Area including the Marron I Extension ( March 1, 1976 )e 4-1 - t L 0 0 (e) The Parking Authority receives a Ruling from the Internal Revenue Service stating that all interest paid or the bonds described in Section 3.1 will be exempt from federal income taxes (within 90 days of the completion of all document (f) Developer delivers to the City and the Parkir Authority a time schedule outlining the principal steps that B be taken to accomplish the expansion of the Center ( February 1976 )" When all Section 4-1 conditions have been satisfied, tl- Parties shall be obligated to proceed under this Agreement. P of the dates in this section may be modified by mutual agreemc The City Manager of City may execute on behalf of City any am€ ment to this Agreement necessary to accomplish said modificati Nothing herein precludes any Party from waiving any Sec 4.1 condition applicable to it or from proceeding to satisfy L would otherwise be its obligations under other provisions of t Agreement before the Section 4.1 conditions are fulfilled; prc however, in this latter event such Party shall proceed at its risk and expense. 4.2 Reasonable Efforts to Satisfy Conditions. Each Party shall immediately commence and shall thereaf continually exert reasonable and prudent efforts to cause thos Section 4.1 conditions applicable to it to be satisfied on or before the applicable deadline dates; provided, however, no 4.2 1 I 0 0 L, failure to cause any of these conditions to be timely satisfi shall constitute a default under this Agreement. 4.3 Conditions of Termination. If the construction of the New Public Parking Area, as vided in Section 2.1 of the Agreement, is not completed withi years of the date of the execution of this Agreement, such Ag ment shall terminate and be of no further force and effect. provisions of the section shall be in addition to any other conditions of termination provided in this Agreement. 4.3 0 0 ARTICLE 5 GENERAL PROVISIONS 5,1 Developer to Provide Funds to Implement Agreement, Developer shall pay all fees, charges and other out-of- pocket costs, except for fees of attorneys and others who are directly retained by the City or the Parking Authority, incuri in implementing this Agreement. 5.2 Cooperation. Because of rapidly rising construction costs and other factors, time is of the essence of this Agreement and accordir: the Parties shall make every reasonable effort to expedite the subject matter thereof. 5.3 Force Majeure. Developer shall be excused from performing its obligati hereunder to commence or complete construction by specified da so long as performance is prevented or delayed by acts of God, strikes or other causes not within Developer’s control. 5.4 Notices, All notices, correspondence and other communications to made by any Party to this Agreement shall be made as follows: City/Parking Authority Developer City Manager City of Carlsbad The May Stores Shopping Cen 1200 Elm Avenue 10738 West Pic0 B1vd.-Suite Carlsbad, CA 92008 Los Angeles, CA 90064 5.5 Counterparts, This Agreement may be executed in counterparts, and up0 execution thereof by all of the Parties hereto, each such coun 5-1 I \ b m m part shall be deemed to be an original. 5.6 Termination o This Agreement shall terminate when the bonds sold in accordance with Section 3.1 of this Agreement are retired. IN WITNESS WHEREOF, the City, the Parking Authority an Developer have signed this Agreement as of the day and year first above written. ATTEST : CITY OF CARLSBAD BY -Hk c &ZH& Clerk mmsT : THE PARKING AUTHORITY OF THE ATTEST : Partnership, By The May Stores Shopping C 5.2