HomeMy WebLinkAboutGreystone Homes Inc; 1997-02-14;L
AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
GREYSTONE HOMES, INC., A DELAWARE CORPORATION
REGARDING THE ACQUISITION OF CERTAIN EASEMENTS
FOR STREET AND OTHER PURPOSES AS REQUIRED FOR
SUBDIVISION CT 84-32(A)
I This Agreement is made this&day of -P , 1997 by and between the City of Carlsbad,
California, a municipal corporation (hereinafter called “City”) and Greystone Homes, Inc., a
Delaware Corporation (called “Subdivider”).R E C I TA L S
A. Subdivider is required as a condition of Resolution No.93-206 of City Council of
the City of Carlsbad, approving a one year tentative map extension request between the City of
Carlsbad and Subdivider to dedicate and provide certain improvements to wit:
B. The acquisition and development of Blackrail Road as an off-site improvement
for the subdivision is essential to provide needed public facilities for the subdivision and to
mitigate the public facilities burdens created by the subdivision.
C. It is necessary that Subdivider secure said easement and install improvements
thereon and in accordance with specifications of the City of Carlsbad.
D. Subdivider has been unable to acquire by a negotiated purchase the required
easements for street and other purposes for the subdivision, and request that the City assist in
the acquisition by exercise of the City’s power of eminent domain.
E. This Agreement is authorized by and is entered into pursuant to Section
20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government Code.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and of
the recitals, it is mutually agreed by and between the parties as follows:
1. Subdivider agrees to retain on behalf of the City a qualified attorney or attorneys
to prepare and file on behalf of the City all documents, pleadings and processes necessary to
acquire the required easements through an action in eminent domain. Said attorney or
attorneys will either be associated with the City Attorney in the eminent domain proceeding, or
will independently pursue the eminent domain action on behalf of the City, as the City in its
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discretion determines. The attorney or attorneys shall be approved by the City Attorney and
Subdivider agrees not to replace the attorney or attorneys without the City Attorney’s consent.
The City Attorney’s approval or consent shall not be unreasonably withheld.
2. Subdivider agrees to bear. all expenses, costs, fees, and charges, including
attorneys’, engineers, appraisers or other professional services fees incurred or charged in
connection with the acquisition of the various property interests and the preparation and
prosecution of the eminent domain proceeding, and City shall assume no responsibility for said
amounts. There shall be no charge for City staff time associated with this project.
3. It is understood and agreed that even though the City is party plaintiff, it shall
assume no financial responsibility in said eminent domain action and that as further
proceedings are required, outside counsel shall assume primary responsibility and direction of
any actions, subject to any necessary approvals of the City. The City agrees to cooperate and
assist in commencing and prosecuting said condemnation action in an expeditious manner for
the purpose of completing same as soon as reasonably possible in accordance with applicable
laws.
4. Subdivider shall retain at its sole expense any appraiser, engineer or other
expert witness, as mutually agreed upon by Developer and City, to provide any necessary
appraisal, engineering or other information in a form suitable for use in connection with said
condemnation proceedings. Any appraiser, engineer and other expert witness required shall be
paid directly by Subdivider. City shall assume no responsibility for such payment.
5. Subdivider shall upon demand pay all amounts, plus interest, as required as a
result of any judgment or settlement in payment for easements to be acquired. City shall
assume no responsibility for said payments.
6. The parties hereby agree to seek an order of immediate possession for the real
property necessary for the improvements and facilities and related easements and comply with
the legal procedures necessary therefor. The Subdivider shall be responsible for the deposit of
funds, posting of security, or payment of any costs associated with the order of immediate
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possession. Funds for said payments shall be deposited with the City by Subdivider prior to
initiation of eminent domain proceedings.
7. City retains the right to assume primary responsibility for the subject litigation at
any time and to prosecute it to completion with all costs, including attorneys’ fees, to be borne
by the Subdivider.
8. Prior to initiation of eminent domain proceedings, and prior to the bidding or
awarding of contracts for any work or improvements on the easement, Subdivider shall, at its
sole expense, retain a competent appraiser to estimate the value of the easement and post one
hundred ten percent (110%) of the estimated value with the City as a cash security deposit.
The City may at its discretion, use this cash security deposit to satisfy any legal obligations
created by this agreement. Subdivider acknowledges that the cost of acquisition and other
legal obligations of Subdivider may substantially exceed the estimated value and acknowledges
that it will pay aff amounts due under this agreement, even if the amount due exceeds the
amount of the cash deposit.
9. It is understood that prior to the initiation of any eminent domain proceedings, it
will be necessary for the City in its sole discretion to adopt a resolution of necessity for the
acquisition of the property and to make the necessary findings as required by law. City agrees
to use due diligence in processing the matter to hearing before the City Council in order to
ensure compliance with the time limits established by Section 20.16.095 of the Carlsbad
Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees that any
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failure by the City to comply with the time limits, however, shall not cause an invalidation of any
condition of the tentative map or relieve the Subdivider of any obligation hereunder.
Executed by Subdivider this Id
SUBDIVIDER:
GREYSTONE HOMES, INC.,
a Delaware Corporation
Mayor
By:
(sign here)
(title and organization of signatory)
(Proper notarial acknowledgement of execution by SUBDIWDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
DOCSblASTERS\FORMS\AG-3 4
J h
STATE OF Cm
couNTyoFRlvwsIDE
On Fcbruuy 14,1997, befbre me, Linda Kmiasty, NO&UY Public for County of San Diego, pemmlly
appead TODDPALMAER,pe~lyknowntometobetbepersonwhoseraPmeissubscribedto~
within instrument and acknowledged to me that he executed the some in his author&d capacity and that
byhis~~ontbeinstnunent,thepersonorentityuponbeh?lfdwhichthepersonacted,executed
thewithin-t.
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
lndividuml Greystone Homes, Inc., A Delmwiue
Copration
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THE UXIIFKATE MUST BE ATTACHED TO THE MXUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: -+gmment betw Carl&ad and Greystone re: easements fix streets, etc.-
NUMBER OF PAGES 4+attahmlts
NUMBER OF SIGNERS 3
A
CERTIFICATE OF SECRETARY
OF GREYSTONE HOMES, INC.
I, Robert W. Garcin, Secretary of Greystone Zomes, Inc. hereby
certify that the following is a true and correct COP)' of a
Resoluticn duly adopted by the Board of Directors of Greystone
Homes, Inc. cn June 12, 1995 and that said Resclution is in fuii
force and effect and has not been rescinded or modified:
RESOLVED, that Todd Palmaer is hereby elected Inland Empire Pivision of this Ccrporation.
Dated: June 12, 1995
President of the
Greystone Homes, inc.
(Corporate Seal)
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CERTIFICATE OF SECRETARY
OF GREYSTONE HOMES, IX.
I, Robert W. Garcin, Secretary of Greystone Homes, Inc. hereby
certify that the following is a true and correct copy of a
Resoiution duly adopted by the Board of Directors of Greystone
Homes, Inc. on June 12, 1995 and that said Rescluticn is in full
fcrce and effect and has net been rescinded or modifies. ---WY.
RESOLVED, that Todd Palmaer, President/InlandEmpire Division, acting alcne be and is hereby authoxized on behalf of this Corporation to enter into contracts for services, purchase materials and supplies, execute applications, government and ouasi-government permits and licenses, obtain FRA and VA approvals, enter into written contracts with City and County agencies (including school districts) preliminary to or concurrent Ith w ' the subdivision of real property owned, CT under contract to purchase by sale agreement or option, which contracts are a part of said subdivision process, execute documents or instruments burdening this Corporation's real property as a part of the subdivision process, including but net IimitedtoSubdivision Improvement Agreements, easements, rights-of-way, licenses, covenants, conditions and reservations !"CC&R's"), annexation asreements, applications fcr Department Cf Real EstaEe public reports, title company indemnification agreements relating to Ccrpor ation real property, public and quasi- public utility service applicaticns and contracts,
temporary entry agreements, ccntracts fCY the sale or rentai of this Corporation's residenziai real prcperty when such real property is improved with a housing unit and is a part o$ ,,,I a r-c- dential s-&division which latter
authority includes the authority to execute escrow instructions, Grant Deeds and ,.:,r l..,',,,..,.., ct"t -nCLY'lm6z?ts of
conveyance, and ail other ccntrac~s invciving this Corporaticn's ordinary course of business EXCEPT he shall have no authority to bcrrow mor,e)-, purchase real property, sell real property ether t::an as hereinabcve permitted or execute surety bonds cn behalf of this Corporation.
RESOLVED FURTHER, that the authority herein conferred
shall remain in force until revocation thereof by the
Board of Directors of this CorpEation.
Dated: June 12, 1995
(Coqorate Seal)
l l/RITE IT - DON’T SAY IT!
To File
From Isabelle Paulsen
Date June 19
0 Reply Wanted
q lNo Reply Necessary
1997
Nanci Plouffe, Engineering Department, stated she did not need a copy of the signed agreement.
June 19,1997
Mr. Todd Pahnaer
Greystone Homes, Inc.
795 East Rincon, Suite 115
Corona, CA 91719
Re: Agreement Regarding the Acquisition of Certain Easements - CT 84-32(A)
The Carlsbad City Council, at its meeting of April 8, 1997, adopted Resolution No. 97-428,
approving an agreement with Greystone Homes, Inc. regarding the acquisition of certain
easements for street and other purposes as required for Subdivision CT 84-32(A), Cobblestone
Sea Village - Units 1 & 2.
Enclosed please find a fully signed copy of the agreement and a copy of Resolution No. 97-428
for your files.
f ~z~cMc
’ Assistant City Cle
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808