The URL can be used to link to this page

Home My WebLink AboutPac West Group Inc; 1996-09-17;I Va /i IT - 'T $.a Date September 17 19 To File 0 Reply Wanted From Isabelle J. Paulsen UNO Reply Necessary On September 12, 1996, Mindy Jacobs was given two original agreements with Pac West Group, Inc. Mindy informed me that she would send out one of the agreements to the consultant. Council Meeting date: September 10, 1996 Resolution No. 96-300 PWINTEC e 0 AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND PAC WEST GROUP, INC. REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 84-32(A) Pl This Agreement is made this&day o , 1996 by and between the Ci Carlsbad, California, a municipal corporation (hereinafter called "City") and Pac West Gr Inc. (called "Subdivider"). RECITALS A. Subdivider is required as a condition of Resolution No. 93-206 of City Counc the City of Carlsbad, approving a one year Tentative Map extension request between the of Carlsbad and Carlsbad Land Investors to dedicate and provide certain improvements to Aviara Parkway (formerly College Boulevard) south of Palomar Airport Road to the future intersection of Cobblestone Road. The acquisition and development of Aviara Parkway as an off-site improver for the subdivision is essential to provide needed public facilities for the subdivision an mitigate the public facilities burdens created by the subdivision. B. C. It is necessary that Subdivider secure said easement and install improvem thereon and in accordance with specifications of the City of Carlsbad. D. Subdivider has been unable to acquire by a negotiated purchase the reqi easements for street and other purposes for the subdivision, and request that the City assi the acquisition by exercise of the City's power of eminent domain. E. This Agreement is authorized by and is entered into pursuant to Sec 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 ar the recitals, it is mutually agreed by and between the parties as follows: 1. Subdivider agrees to pay for a qualified attorney or attorneys to prepare an( on behalf of the City all documents, pleadings and processes necessary to acquire required easements through an action in eminent domain. Said attorney or attorneys either be associated with the City Attorney in the eminent domain proceeding, or Page 1 H \WORD\DOCS\gBAGREEIPac West Grwp Inc A$ for Street Purposes MJ doc 0 0 independently pursue the eminent domain action on behalf of the City, as the City ii discretion determines. The attorney or attorneys shall be hired by the City and approve the City Attorney. 2. Subdivider agrees to bear all expenses, costs, fees, and charges, inch attorneys', engineers, appraisers or other professional services fees incurred or charge connection with the acquisition of the various property interests and the preparation prosecution of the eminent domain proceeding, and City shall assume no responsibility for 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 assume no financial responsibility in said eminent domain action and that as fui proceedings are required, outside counsel shall assume primary responsibility and directic any actions, subject to any necessary approvals of the City. The City agrees to cooperate assist in commencing and prosecuting said condemnation action in an expeditious manne the purpose of completing same as soon as reasonably possible in accordance with applic laws. 4. Subdivider shall retain at its sole expense any appraiser, engineer or c expert witness, as mutually agreed upon by Developer and City, to provide any neces appraisal, engineering or other information in a form suitable for use in connection with condemnation proceedings. Any appraiser, engineer and other expert witness required I 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 , result of any judgment or settlement in payment for easements to be acquired. City I assume no responsibility for said payments. 6. The parties hereby agree to seek an order of immediate possession for the property necessary for the improvements and facilities and related easements and comply the legal procedures necessary therefor. The Subdivider shall be responsible for the del of funds, posting of security, or payment of any costs associated with the order of immec Page 2 H \WORmDOCS\BEAGREE\Pac West Grow Inc Agt fw sheet Purposes MJ doc e 0 possession. Funds for said payments shall be deposited with the City by Subdivider pric initiation of eminent domain proceedings. 7. City retains the right to assume primary responsibility for the subject litigatic any time and to prosecute it to completion with all costs, including attorneys' fees, to be b by the Subdivider. 8. Prior to initiation of eminent domain proceedings, and prior to the biddin awarding of contracts for any work or improvements on the easement, Subdivider shall, i sole expense, retain a competent appraiser to estimate the value of the easement and one hundred ten percent (110%) of the estimated value with the City as a cash sec deposit. The City may at its discretion, use this cash security deposit to satisfy any obligations created by this agreement. Subdivider acknowledges that the cost of acquii and other legal obligations of Subdivider may substantially exceed the estimated value acknowledges that it will pay all amounts due under this agreement, even if the amounl exceeds the amount of the cash deposit. 9. It is understood that prior to the initiation of any eminent domain proceedin will be necessary for the City in its sole discretion to adopt a resolution of necessity fo acquisition of the property and to make the necessary findings as required by law. City a{ to use due diligence in processing the matter to hearing before the City Council in ord ensure compliance with the time limits established by Section 20.16.095 of the Carl Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees that ar Ill Ill Ill Ill Ill Ill Ill Page 3 H \WORD\DOCS\gSAGREE\Pac West Group Inc .4gl for Street Purposes MJ doc e e failure by the City to comply with the time limits, however, shall not cause an invalidation of condition of the tentative map or relieve the Subdivider of any obligation hereunder. , 1996. August Executed by Subdivider this 23rd dayof SUBDlVl DER: CITY OF CARLSBAD, a munic PAC WEST GROUP, INC. (name of Subdivider By: (sign P?PL ere) President / PacWest Group, Inc. (title and organization of signatory) - {' / $ rJ 'I 1 ii / re J By: C&---- 1 j \ ,.- 1 (sign hete) r' F \ _- I k/l ' -..J</ , (title and organization of signatory) \) (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporatioi only one officer signs, the corporation must attach a resolution certified by the secreta assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: Page 4 H \WORD\WCS\QBAGREF&c Wed Group Inc Agl for Street Purposes MJ doc e 0 State of California County of &-u-,D~~ f--- Tewsada mLy -Ah-b On &U..Qe- a-3,1946 before me, (insert the name and title of the offi personally appeared M 4.k , personally known to m proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) i! subscribed to the within instrument and acknowledged to me that he/she/they executec same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on instrument the person(s), or entity upon behalf of which the person(s) acted, executec instrument. r WITNESS my hand and official seal (SEAL) Page 5 H \WORD\DOCS\96AGREElPac West Group Inc A# far street Purposes MJ doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) T& (k h-e%3amLy - )uo+@-Jy / \~~\lf~,.~l'lTl.F OF OFF.I('f:K 1 (i 'J 4UF DOf... \O'f4RY PI HI.I("' s - a ' - '%L before me. DATE personally appeared. ~ -._~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the perwn(s) whose name(5) ispare subscribed to the within instrument and acknowledged to me that he/she/thry executed the same in hisherbheir authorizec capacity( ies), and that by his/her/their signature( s) on the instrument the person( 5). or [he entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NUMBER OF PAGES .4 0 0 August 28, 1996 TO: ASSISTANT CITY CLERK FROM: t, Engineering VIA: AGREEMENT BETWEEN THE CITY OF CARLSBASD AND PAC WEST GROUP, INC. REGARDING THE ACQUISITION OF CERTAIN EASmNTS FOR STREET COBBLESTONE Three sets of our proposed agreement with PacWest Group, Inc. are enclosed. An agenda bill requesting City Council approval of the agreement is tentatively scheduled for September 10, 1996. Once approved, the agreements will be ready for signature by the City Clerk, City Attorney, and City Manager. When the documents are signed, please keep one copy for your records, and return the remaining two to me. Thank you for your assistance. 1 ’-/ AND OTHER PURPOSES AS REQ-D FOR SUBDIVISION CT 84-32(A)-- ,- r’ fl &e / r/’,,?+L/ u .ii 4$- &&&&/ - ,,v - b’ fd ,:I / MINDY JACOBS Management Analyst Enclosures cc Senior Management Analyst, Engineering