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Home My WebLink AboutLyon/Copley Carlsbad Associates LP; 1992-06-05;0 0 AGREEMENT ' AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LYON/COPLEY CARLSBAD ASSOCIATES L. P. , A ACQUISITION OF CERTAIN EASEMENTS FOR SEDIMENT DETENTION BASIN AND APPURTENANT STRUCTURE PURPOSES AS REQUIRED FOR SUBDIVISION CT 83-19 AND CT 83-32 CALIFORNIA LIMITED PARTNERSHIP REGARDING THE This Agreement is made thisJG day ofu&, , 192 between the City of Carlsbad, California, a municipal corE (hereinafter called ltCitygt) on/Copley Carlsbad Ass nia Limited Par ship (called "Subdivider divider is re condition of thc anagement Plan for Zone 7 of the City of Carl ovide certain improvements to wit: The acquisition and development of the sediment dc -site improvement for the subdivision is es to provide needed public facilities for the subdivision mitigate the public facilities burdens created by the subd: It is necessary that Subdivider secure said easel install improvements thereon and in accordance with specif: of the City of Carlsbad. C. D. Subdivider has been unable to acquire by a ne( purchase the required easements for detention/desiltation b appurtenant structures purposes for the subdivision, and that the City assist in the acquisition by exercise of thl power of eminent domain. E. This Agreement is authorized by and is entei pursuant to Section 20.16.095 of the Carlsbad Municipal 1 Section 66462.5 of the Government Code. NOW, THEREFORE, in consideration of the mutual coven 0 I, . contained herein and of the recitals, it is mutually agreed between the parties as follows: 1. Subdivider agrees to retain on behalf of the qualified attorney or attorneys to prepare and file on be the City all documents, pleadings and processes neces: acquire the required easements through an action in eminent Said attorney or attorneys will either be associated with t Attorney in the eminent domain proceeding, or will indepc ent domain acti n behalf of the City, as I etion determines. e attorney or attorneys E the City Attorney and Subdivider agrees not to ey or attorneys without the City Attorney's conse City Attorney's approval or consent shall not be unree withheld. 2. Subdivider agrees to bear all expenses, costs, ft charges, including attorneys I , engineers, appraisers o professional services fees incurred or charged in connect: the acquisition of the various property interests i preparation and prosecution of the eminent domain proceed: City shall assume no responsibility for said amounts. The: be no charge for City staff time associated with this pro: It is understood and agreed that even though the party plaintiff, it shall assume no financial responsib: said eminent domain action and that as further proceedj 3. required, outside counsel shall assume primary responsibi direction of any actions, subject to any necessary approval City. The City agrees to cooperate and assist in commeni prosecuting said condemnation action in an expeditious ma the purpose of completing same as soon as reasonably pos b e a. e * accordance with applicable laws. 4. Subdivider shall retain at its sole expen appraiser, engineer or other expert witness, as mutually upon by Developer and City, to provide any necessary apF engineering or other information in a form suitable for connection with said condemnation proceedings. Any apF engineer and other expert witness required shall be paid c City shall assume no responsibility fl ivider shall upon demand pay all amount: required as a result of any judgment or settle easements to be acquired. City shall as y for said payments, . The parties hereby agree to seek an order of ir possession for the real property necessary for the improvemi facilities and related easements and comply with thc procedures necessary therefor. The Subdivider shall be res] for the deposit of funds, posting of security, or payment costs associated with the order of immediate possession. F said payments shall be deposited with the City by Subdividi to initiation of eminent domain proceedings. 7, City retains the right to assume primary respon for the subject litigation at any time and to prosecut completion with all costs, including attorneys' fees, to by the Subdivider. 8. Prior to initiation of eminent domain proceedi. prior to the bidding or awarding of contracts for any improvements on the easement, Subdivider shall, at i expense, retain a competent appraiser to estimate the valu v 0 *. 0 1 easement and post one hundred ten percent (110%) of the es value with the City as a cash security deposit. The City its discretion, use this cash security deposit to satisfy ar obligations created by this agreement. Subdivider ackno that the cost of acquisition and other legal obligat: Subdivider may substantially exceed the estimated val acknowledges that it will pay mounts due under this agr unt due exceed amount of the cash depc is understood t rior to the initiation proceedings, 1 be necessary for the retion to adopt a resolution of necessity of the property and to make the necessary finc law. City agrees to use due diligence in prc to hearing before the City Council in order tc compliance with the time limits established by Section 20.L the Carlsbad Municipal Code and Section 66462.5 of the Go\ Code. Subdivider agrees that any failure by the City to c /// /// /// /// /// /// /// /// /// /// /// /// 'V d 3 *e,3 ;'? * 4 v& with the time limits, however, shall not cause an invalidi any condition of the tentative map or relieve the Subdivide obligation hereunder. Executed by Subdivider this 2Y'"l day of /yhkY , SUBDIVIDER : Lyon/Copley Carlsbad Associates, L.P., A California Limited Partnership CITY OF CARLSBAD, a mur corporation of the Stat BY: Lyon Communities, Inc. California i,d&,&&&& Y2 tJ A California Corporation era1 Partner MARTIN~RENMK for City Manager (title and organization of sig atory) (sign here) (print name here) (title and organization of signatory ) J f"j&7+u- By ;/$/% k/i\ ,% , c' ' -7 c "------ Robin L. Adamson Asst. Secretary, Lyon Communities, Inc. (Proper notarial acknowledgement of execution by SUBDIVIDER attached) (President or vice-president and secretary or assistant se must sign for corporations. If only one officer sigr corporation must attach a resolution certified by the secre assistant secretary under corporate seal empowering that off bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By : 9, (LL - / Deputy City Akkorney e( b @ '- . STATE OF CALIFORNIA 1 County of - 1 On this 37 day of MAY, in the year 1992, before me, the undersis a Notary Public in and for said County and State, personally appeared CARRY M. TAROUINIO Ab --ADA" personally known to me b to be the person executed the within instrument as VTCE - PRESTm AND ASS1 STANT SECRETARY or on behalf of the corporation therein named, and acknowledg WITNESS my hand and official seal. 1 ss. &&O-M. Eim-QQ~ ! Notary Public in and for said County and State. FDI F (Notary Seal)