HomeMy WebLinkAboutPacific Rim Land Associates LP; 1988-10-28;AGREEMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND PACIFIC RIM LAND ASSOCIATES' ‘I‘;TD. PARTNERSHIP REGARDING THE ACQUISITION qF CERTAIN EASEMENTS FOR STREET
AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 85-35
This Agreement is made this day of October , 192 by
and between the City of Carlsbad, California, a municipal corporation
(hereinafter called "City") and Pacific Rinl Land (called "Subdivider"). Associates Ltd. Partnership
RECITALS
A. Developer is required as a condition of Resolution No. 9322 of the
City Council of the City of Carlsbad, approving Carlsbad Tentative Tract 85-35,
to dedicate and provide certain improvements, to wit:
B. The acquisition and development of Poinsettia Lane 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 requested that the subject improvements be included
in an Assessment District, and requests that the City assist in the appraisal
and acquisition up to and including the potential exercise of the City's power
of eminent domain.
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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 State
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. City agrees to retain on behalf of the Subdivider qualified
appraisers, acquisition agents and attorney or attorneys to perform appropriate
services, prepare and file on behalf of the City all documents, pleadings and
process necessary to acquire the required easements up to and including an action
in eminent domain if required.
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
interest and the preparation and prosecution of eminent domain proceedings, and
City shall assume no responsibility for said amounts.
3. It is understood and agreed that even though the City is party
plaintiff, it shall assume no financial responsibility in any required 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 post a deposit in the amount of $60,000 to cover
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expenses incurred by any appraiser, engineer, legal counsel or other expert
witness, providing necessary appraisal, engineering or other information in a
form suitable for use in connection with said acquisition and condemnation
proceedings. Should costs of acquisition or condemnation action exceed the
amount deposited, the subdivider agrees to deposit within 30 days of request from
the City Engineer sufficient additional funds to insure payment of all expenses.
Failure to post said funds shall delay all further action toward property
acquisition.
5. Subdivider shall pay all amounts, plus interest, as required as a
result of any judgment or settlement in payment for easement 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 cost associated with the order of immediate possession.
7. 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. The Adoption of a Resolution of Necessity
shall be a condition precedent to any obligation of the Subdivider herein. 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 State
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Government Code. Subdivider agrees that any 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
DATED: d&rzb /f&P CITY OF CARLSBAD A Municipal Corporation of the State of California
ATTEST: ANN J. KULCHIN, Mayor Pro-Tern
- ALETHA L. RAUTENKRANZ, City Clel)k
PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP
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VINCENT F. BIONDO, JR. City Attorney ~
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