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HomeMy WebLinkAbout1981-01-20; Parking Authority; Resolution 27< m CO • oc S oc < o) < d Li. ^ 5 " o ^ Ii ^< ^1 8d > H oc < < o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 27 A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, THE PARKING AUTHORITY AND PLAZA CAMINO REAL PLACING THE ADDITIONAL PARKING AREA LEASED FROM OCEANSIDE UNDER THE "BASIC PUBLIC PARKING LOT OPERATING AGREEMENT." WHEREAS, the City Council of the City of Carlsbad, California, by the adoption of Resolution No. 6429 , has approved the document entitled "Agreement Regarding Management, Operation and Maintenance of Plaza Camino Real Shopping Center Parking Area in Oceanside", dated January 20 , 19 81 , between the City of Carlsbad, the Parking Authority, and the Plaza Camino Real; NOW, THEREFORE, the Parking Authority of the City of Carlsbad, California, does hereby FIND, RESOLVE, DETERMINE AND ORDER as follows: SECTION 1: That said agreement, which is on file with the City Clerk and incorporated by reference herein, is hereby approved. SECTION 2: That the Chairman and Clerk of the Authority are hereby authorized and directed to execute said agreement for and on behalf of the Authority. ADOPTED, SIGNED AND APPROVED this ^20th day of January 1981. Ehe Parking Authority of the c/ty of Carlsbad, California ATTEST: cierk of the Parking Authority ofl the City of Carlsbad, California^ (SEAL) AGREEMENT REGARDING MANAGEMENT, OPERATION AND MAINTENANCE OF PLAZA CAMINO REAL SHOPPING CENTER PARKING AREA IN OCEANSIDE THIS AGREEMENT is made as of January 20, 1981 by and between the CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), the PARKING AUTHORITY OF THE CITY OF CARLSBAD, a body corporate and politic of the State of California ("Parking Authority") and PLAZA CAMINO REAL, a limited partnership, organized under the laws of the State of California ("Operator") with reference to the following facts and circum- stances : A. City, Parking Authority and Operator have entered into an agreement entitled "The Plaza Camino Real Public Parking Lot Operating Agreement" (the "Public Parking Operating Agreement"), whereby Operator has agreed to manage, operate and maintain a certain public parking lot leased by the Parking Authority to the City, as expanded pursuant to that certain agreement among City, Parking Authority and Operator entitled "Agreement for Expansion of Plaza Camino Real Shopping Center", dated November 5, 1975, as amended (the "Expansion Agreement"). Said public parking lot serves the Plaza Camino Real Regional Shopping Center area. B. To provide additional parking to serve the Plaza Camino Real area. City has leased from the City of Oceanside a public parking area in Oceanside pursuant to a lease with option to buy and acquired from Operator that certain parcel of real property described on Exhibit A attached hereto (all of which is herein referred to as the "Oceanside Parking Area"). Said lease (the "Oceanside-Carlsbad Lease") is in the form attached as Exhibit G to the Fifth Supplement to the Expansion Agreement. Pursuant to the Fifth Supplement to the Expansion Agreement, Operator has agreed to assume Carlsbad's obligations under said Lease with the exception of the obligation to pay rent. Operator wishes to also assume responsibility for the management, operation and maintenance of said parking area in Oceanside in accordance with the provisions of the Public Parking Operating Agreement. NOW, THEREFORE, the Parties agree as follows: Operator agrees to manage, operate and maintain the Oceanside Parking Area for the full term of the Oceanside-Carlsbad Lease, with the exception of the obligation to pay rent. Operator shall assume City's obligations under the Oceanside-Carlsbad Lease for the Oceanside Parking Area. In the event that City buys the Oceanside Parking Area from the City of Oceanside in accordance with the option contained in the Oceanside-Carlsbad Lease, Operator agrees to continue to manage, operate and maintain the Oceanside Parking Area in accordance with the Public Parking Operating Agreement for the remainder of the term thereof. Insofar as the Oceanside Parking Area is concerned, the references in Section 2 of the Public Parking Operating Agreement to the parking lot 2. shall be deemed to include the Oceanside Parking Area and the references in Section 5 of said Agreement to Leases shall be deemed to refer to the Oceanside-Carlsbad Lease and the references to certain Grant Deeds shall be deemed to refer to the Grant Deed dated December 1 1 , 19 80, recorded on , 19 as Document No. Official Records of San Diego County by means of which the City of Oceanside, as lessor of the Oceanside-Carlsbad Lease, acquired fee title to the Ocean- side Parking Area. IN WITNESS WHEREOF, City, Parking Authority and Operator have caused this agreement to be executed and attested by their property officers thereunto duly authorized, and their official seals to be hereto affixed as of the date first above written. ATTEST: CITY OF CARLSBAD ATTEST; ViAifeent^F. Bxondo, City Attorney Y OF THE CITY OF CARLSBAD IINO REAL,a limited partnership May Ofcoroo Dhoppinof. Centers, Inc, A parcel of land sxtuated in the City of Oceanside County of San Diego, State of California beina a portion of the northeast quarter of Section 3? Townshrp 11 south. Range 4 West described as follows: Beginning at the southeast corner of the north half ?he sou?rMnr^.^"^"^'" °^ 31'- thence aJong west 325 70 jaid north half, north 89°42'19" ^ west, J25.70 feet to the true point of beqinnina- thence north 89°42'19" west, 1150.70 wes^f^henci leaving said south line, north 46°36'53" 4ast 143.87 feet; thence north, 312.85 feet to the' south^-rl w line ot State Highway 78; thence along said sou?her!J^ 89Ml"?8"\fst°°;nn^r^"' '^^'^ north""'^ east 4?q ^ 500.04 teet; thence south 0°24'11" east, 439.22 feet to the true point of beginning. EXHIBIT