HomeMy WebLinkAboutRancho La Costa Village LLC; 2001-05-21;AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
CYNTHIA BELL & ASSOCIATES, INC., REGARDING THE
ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND
OTHER PURPOSES AS REQUIRED FOR SITE
DEVELOPMENT PLAN SDP 99-07
This Agreement is made this 20 a/ by and between 3 -
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the City of Carlsbad, ,&‘,‘p ip,:r* Califor~&#;~*~~ @er called “City”) and Cynthia
abily company
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Commission 0 q-h*‘, .~~~~~~~;~~~,~~~~~~~~~~~~~~~~~~~~~ Carlsb~~;-,;aF3p~~~ng:r~~~,~~v
“a, .w,*_ :
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<‘ye
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ment bebe.pn#@ Developer” &dedicat&&d nrokd ^. )L^I_x^ .^.. %
B. : cho Santa Fe
Road as an o ~~~~~~~~~ q&g&g for the project anc&~@ i ,-
stall improvements
thereon and in accordan<
D. urchase the required easements
for street and other purposes for the project, and request that the City assist in the acquisition
up to and including the exercise of the City’s power of eminent domain if required.
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. “Developer” agrees to pay the costs of retaining a qualified attorney or attorneys
to provide oversight of the acquisition process and prepare and file on behalf of the City all
documents, pleadings and processes necessary to acquire the required easements through an
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MASTERS!FORMSIEASEMENT ACQUISITION REV. 5-25-99
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 discretion determines. The attorney or attorneys
shall be retained by the City and approved by the City Attorney.
2. “Developer” agrees to bear all expenses, costs, fees, and charges, including
attorneys’, engineers, ap
connection with the acq
prosecution of the
amounts. There s
ces fees incurred or charged in
sponsibility for said
assume no at as further
assist in comme us manner for
ce with applicable
ppraiser, engineer or other
expert witness, as mutually agreed nd “City,” to provide any necessary
appraisal, engineering or other information in a form suitable for use in connection with said
condemnation proceedings.
5. “Developer” shall upon demand pay all amounts, plus interest, as required to
prosecute the acquisition process and 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 “Developer” shall be responsible for the deposit
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MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99
of funds, posting of security, or payment of any costs associated with the order of immediate
possession. Funds for said payments shall be deposited with the City by “Developer” 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 “Developer.”
a.
awarding of contr
sole expense, ret
%. ;._*.~d prior to the bidding or
loper” shall, at its
ent and post one
acknowledges t
exceeds the amo
9.
will be necessary for the
acquisition of the property and to mak
d value and
e amount due
omain proceedings, it
lution of necessity for the
ings 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.
ill
tit
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Ill
MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99
“Developer” agrees that any failure by the City to comply with the time limits, however, shall not
cause an invalidation of any condition of the Site Development Plan or relieve the “Developer”
of any obligation hereunder.
Executed by “Developer” this day of 320 .
DEVELOPER
See Attachment "
By:
(sign hl
CARLSBAD, a municipal
State of California
(Proper notarial ack tached) 1 fag-
d
d,. _
(Chairman, preside p CFO or assistant
treasurer must sign for corp8i%QQ,#~~~D~~ &ion
cretary,
must attach a resolution ._._ “l@M L ,2$$*ri$&$ ‘4;; & :i-,i~..*i~.$~,.5 .:e’p$*3*,” certified by the secretary or assistan~~~~~~~~~~~~~orate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
1 MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99
ATTACHMENT "A"
RANCH0 LA COSTA VILLAGE, LLC,
a California limited liability company
By:
Cyffthia A. Bell
Its Member and Manager
By: PACIFIC LA COSTA VILLAGE, LLC,
a California limited liability company
";g";;;;;
Its
Manager