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.
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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
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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
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ATTEST t KING AUTHORITY OF THE CIT’
SBAD, CALIFORNIA
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ATTEST : PLAZA CAMINO REAL, A Limited Par
By The May Stores Shopping Cen
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APPROVED AS TO FORM: P
City Attorney
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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
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APPROVED AS TO FORM:
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EXHIBIT A
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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>ering 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
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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