Loading...
HomeMy WebLinkAboutPlaza Camino Real / Parking Authority; 1976-10-05;rn 0 'c AGREEMENT , 19 October This agreement is made this - 5th day of by snd between the City of Carlsbad, California (the "City"), the Parking Authority of the City of Carlsbad, (the "Authority") and Plaza Camino Rea a California limited partnership (rrDeveloper"). WITNESSETH WHEREAS, Developer has entered into an agreement with Authorir and City with respect to the expansion ofo the Plaza Camirlo Real Regional Shopping Center by the addition of two major stores; and WHEREAS, Developer wishes to make provision for the possible addition of a fifth major store to the Center as a part of said expansior and WHEREAS, in order to accommodate the possibility of the fifth store it is necessary to temporarily place a surcharge of dirt on the proposed store site which must be accomplished in conjunction with the surcharging currently being conducted pursuant to said agreement in conn tion with the addition of the third and fourth stores; and. WHEREAS, as a result of the proposed expansion of the Center, Authority will acquire, at less than cost, title to an expacded, fully improved, public parking facilities and it is in the Authority's and Cit interest to cooperate with Developer in their expansion efforts in ordt to acquire said facilities; and WHEREAS, City and Authority are satisfied that the number of spaces affected will not interfere with the overall operation of the pa facilities and are willing to accommodate the Developer in accord with terms of this agreement. c m NOW, THEREFORE, the Parties hereto agree as follows: 1. Authority and City hereby grant Developer the right to temporarily encroach on Authority property by the temporary placement of dirt on a portion of said property as shown on Exhibit "A", attached hereto and made a part hereof. Said placement shall be accomplished in accord with the City of Carlsbad grading ordinance after securing all necessary permits. Developer agrees to pay City $357.37 per month for the encroachment on said property. Said monthly payment s be made in advance on the first day of each month. Said month payment is computed in the proportion which the parking capaci of said property bears to the parking capacity of the faciliti which are the subject of that certain Lease Agreement, (hereir after "Lease Agreement") made and entered into as of the 21st day of August, 1969, by and between the Authority and City. City hereby pledges said monthly payments to the rental paymer due in connection with the aforementioned Lease Agreement. 2. Developer agrees to remove the dirt from the Authority property upon the receipt of a written request therefor from City or Authority. Authority and City agree that the said request will not be made prior to January 31, 197%. 3. Developer agrees, immediately upon removal of the dirt, tc reconstruct and restore the improvements on the subject prope to the condition existing as of the date of this agreement. 4. Developer agrees that it, and its successors in interest, will not assert any right to exercise its right of reverter w' it may have by virtue of said encroachment under that certain Grant Deed, dated October 21, 1969, which Grant Deed was reco the same date as Document No. 193480, Official Records of San County. Nothing herein shall be construed as affecting the r 2 . -, - m m of Developer and.its successors in interest to exercise its reversionary rights under said Grant Deed in connection with a other event. 5. Developer agrees to furnish.a certificate evidencing, in form satisfactory to the City Attorney, liability insurance ir favor of City and Authority for property damage and personal injury in connection with said encroachment in the amount of $1,000,000. ATTEST: CITY OF CARLSBAD B 0 ATTEST t KING AUTHORITY OF THE CIT’ SBAD, CALIFORNIA L2y+p&4d4iF @&&x9 w7/9v- 7 F-TA@x B J ATTEST : PLAZA CAMINO REAL, A Limited Par By The May Stores Shopping Cen /;..-ii P2ESIDW APPROVED AS TO FORM: P City Attorney 3 *. 1, a *. GUARANTY The May Stores Shopping Centers, Inc., a Missouri corporation authorized to do business in the State of California, hereby guarantees Developer's obligations under the foregoing agreement and further agrees to furnish security in favor of City and Authority guaranteeing the obligz tion therein set forth to remove the material and restore and reconstruct the parking lot improvements. amount of $125,000.00. Said security to be a surety bond in the S SHOPPING NTERS, INC. 4 THE ""E ATTEST : By/%LK*&$ ASSiSTANT SECRETARY PRESIDENT L/ APPROVED AS TO FORM: ,1 4 As b _. . .. . . . . .. . . . .. . - __ . . . - . .. -. , . -... . . .. . tr'~ N yr EL ,_. 0.. -. z EXHIBIT A $ . <* SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA, SEATTLE, WASHINGTON 98185 CONTRACT BOND Bond No. 2434216 Premium: $938.00 KNOWALL MENBY THESEPRESENTS, That we, THE MAY STORES SHOPPING CENTERS, INC- called the Principal, and SAFECO INSURANCE COMPANY OF AMERiCA, a Washington corporation called the : are held and firmly bound unto THE PARKING AUTHORITY AND CITY OF CARLSBAD, CALIFORI Obligee called the B%M, in the sum of One Hundred Twenty Five Thousand and No/lOO --- 125,000.00 Dollars ($ for the payment whereof said Principal and Surety bind themselves firmly by these presents. October 5, 1976 WHEREAS, the Principal has, by written Agreement, dated Ob1 igee entered into a Contract with the @%Mr for Earthwork, restoration and repairing to Plaza Carnino Real Parking Lot a copy of which is by reference made a part hereof; NOW, THEREFORE, THE CONDITION OF THIS OBLlGATION IS SUCH, That if the Principal shall faithfully p the Contract free and clear of alldys arising out of claims for labor and n@,Ti&gtering into the constructic indemnify and save harmless theaqrom all loss, cost or dama, oe which Bm may suffer by reason of the fa to do, then this obligation shall be void; otherwise to remain in full force and effect. L ee 8 76 day of October 19 - Signed and sealed this 7th SAFECO INSURANCE COMPANY OF AM T a I 5-639 R3 10/72 0 e TO 449 C (Corporation) ) Sb. STATE OF CALIFORhlA COUNTY 0FSs Ange'es on October 8 I 1976 before me, the t~ndels~gned, a Notary Public in and for said State, personally appeared -- T' RotL t .1 TI Signatme ,,, known to me to he the_----^^^ President, and $ known to me to be x known to me to he t11r persons who executed the within 5 InstruInent on behalf ol the corporation therein named. and $ acknowledged to mp that kuc]~ corporation executed the uithln f;; inqroment pursuant to its by-laws or a resolution of Its boald WITNESS my hand and official seal. Secletary of the corporation that executed the within Instrurnent7 ~~~~B~IIP~~~~B~~~~~~~~~~~~~~~~~~~~~~~~~*~~~'~'~~~~~~'~' OFFICIAL SEAL N~TARY PJBLIS. CALlFORNll ~0s ANGELES COUNTY M~ Comnirsslon Expires A%. 7, E of dnectors. I_!NDA J. 8E"ETZE B~ejZ:adl:E.E~G~~Eau?IpBPhb'aBilaliaaa(i - Linda J. Bennetzen Name (Typed or Printed) (This a~ea for officlal notal la1 seal) I ACKNOWLEDGMENT BY SURETY } ss. STATE OF CALIFORNIA County of Los Angeles Onths 7th day of October , 1976 ,beforeme, Gloria Jorda a notary public in and for the State Of California with principal office in the County of residing therein, duly commissioned and sworn, personally appeared known to me to be the Person whose name 1s subscribed to the within instrument as the attorney-m-fact of the- S@ECO INSURANCE CWAIW OF AMERICA the corporation named as Surety in said Instrument, and acknowledged to me that he subscribed the name of said co thereto as Surety, and his own name as attorney-in-fact. IN W1TNESS WHEREoF, I have hereunto set my hand and affmed my official seal, at my office ln the aforesaic. the day and year in this certificate first above written. Los Angeles Thomas H. Tyreli , Jr . 5-1157 5170 -8 SAFeNSuRANCE COMPANY OF AMEi GEN HOME OFFICE: SAFECO PLAZA L INSURANCE COMPANY OF AM PO* OF ATTORNEY SEATTLE, WASHINGTON 981 85 8 SAFECO No. 4 700 KNOW ALL MEN BY THESE PRESENTS: That Safeco Insurance Company of America and General Insurance Company of America, each a Wask corporation, does each hereby appoint THO?%§ H, mRELE, JW. ----------------*---_p_u_ --------__I-_------_--~-------- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or underi and other documents of a similar character issued in the course of its business, and to bind the respective company th IN WITNESS WHEREOF, Safeco Insurance Company of America and General Insurance Company of America hay executed and attested these presents this 7th day of NOVPPnhBP. > 19 &ydu W D HAMblERSL4. SECRETARY kdfldA GORDON H SWEANY, PRESIDENT c CERTIFICATE Extract from Article VI, Section 12, of the By-Laws of SAFECO Insurance Company of America and of General Insurance Company of America: “Article VI, Section 12, - FIDELITY AND SURETY BONDS . . . the President, any Vice President, and the Secret: each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to ex€ behalf of the company fidelity and surety bonds and other documents of similar character issued by the compan course of its business . . . On any instrument making or evidencing such appointment, the signatures may be aff facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the sf facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal be necessary to the validity of any such instrument or undertaking.” Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and of General Insurance Company of America adopted July 28, 1970: “On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.” I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General I Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto, are true and correct, and that By-Laws, the Resolution and the Power-of-Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 7th day ,,f October > 00 4 m SEAL a0 5 * SEAL, GORPQRATE -b z &T+& W D.HAMYERSLA, SECSETARY 1923 e 1953 \$? PRINTED 9+ OF WASH\+ %? of nls$\o““* 5-974 R4 10/75