The URL can be used to link to this page

Home My WebLink AboutRyland Homes Of California; 2000-08-16;AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND RYLAND HOMES REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 98-17 This Agreement is made this 16th day of August ,20 00 by and between the City of Carlsbad, California, a ~~n~c~pal~,~~~~~~~~~ dhereinafter called “City”) and Ryland g:/ : ,‘ !.@ li :, 1, Homes of California (herein&&f ‘carje~>“sub~~~~~ll)~’ ’ 1’ 1 i” 3, 1,: ’ ” , ::i:, I,, j: ‘ :‘:, :,,‘3 ,( ::: 1, L3! j:( y ,~,i (( 3~p&y#&$ /::: / ,. .) 8, f ! ,) ,! ;“I; ,,, i,, : (‘~ : A. Subdivid&~i’s required as a condition of Resolution No.~4@6 of City Council of : “ e:, :(, the City of Carlsbad, apbroving Tentative Map CT 98-17 Agreement between the City of Carlsbad and subdivider to dedicate and provfde certainimprovements to wit: B. The acqukition and development, of right-of-way and sewer ea&ment as an off- fij : “, j ‘, ‘1: (i g site improvement for th& subdivision is essential to pr&vide neede&public ?&5lities for the subdivision and t&mitigate%he p&&facilities~burdens createdby the s$$t%@lon. !‘j :‘ ; e C. It is ik&essa&that SQbdivider secure said easem&t and ‘install improvements ‘5 thereon and in accordance ,with specifications of the City af Carkbad. ‘( (! “ ,‘, “ ,J:) D. Subdivider wishes to acquire.l?jl~~~~~otiated $rrch&e the required easements ” : ‘.‘:(:I L( for street and other purposes ~r~~~e~,~u~~~is~~?,-, a$fl&&st that the City assist in the : ~’ ‘f:, I( L(,’ “ 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. Subdivider 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 action in eminent domain. Said attorney or attorneys will either be associated with the City 1 MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99 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. 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 v#irf&#i ‘@&W$y, interests and the preparation and ;,L: li _,:i, c::; ii:,’ :(, ,I j:g, prosecution of the eminent dprtram,:.~~~ceed~~~~~~~d C& &a( a+&&ne no responsibility for said (>($ :is )( i: : amounts. There shall ~@$&h&je f&&@&t& &&&~@a@ ~~~~~~$project. “ ,‘,) I )/ 3. It is i~fl&&$&&d”&$b agreed that even though-& C&y”&‘$&y plaintiff, it shall j( t i :;,@ 1, 3‘ -3: assume no financia‘l re&ponsibility in said eminent domain a&on and’:~that as further ‘; i “,‘ I : proceedings are requl&d:- outside counsel shall ‘ass&e primary responsib&&and direction of any actions, sub&d any necessary approvals’ of the City. TheCity agrees t&cooperate and (;( ,:A 1 0: ; () assist in commencihgI~&d prosecuting said condemnation :aqicn in & ‘expedi&us manner for s : the purpose of com~l&f@%ame ‘&soon as reasonably pos&fe in &cot$an&$with applicable y, : (, I laws. I’: ,‘ ‘i ;I i( 3‘ I (, ~‘s:’ ( ,:’ :a, ,~,’ “b.( *::I ( ;,( 4. Subdk&r &$e&%o+ay the costs of retainingi :&iy abpraitier, engineer or other ,,‘ ‘3 ,,; I/ :/ ‘{, E,>, /( qI ~( expert witness, as mutu&y agreed :$$on by ‘?Jeveloper and CRy; to provide any necessary 2 ,;i+:j : $:I appraisal, engineering or oth~~“ili~~~~ni~~~niIiiRl a form, suit&&@‘& use in connection with said 4: ,,’ ;.’ (>((~I : s&j ’ ,~ condemnation proceedings.. 5. Subdivider 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 Subdivider shall be responsible for the deposit of 2 1 MASTERS/FORMS/EASEMENT ACQUISITION REV. 52599 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 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. L b i’t!>lr~~,b!‘;,‘:l~~~~~:l,~‘ -,-L ) 1 ., ,,,, ,: ,/‘I 1 :: r.:.;:., 5 (_i 3 L I I’t‘j,,q $ _,- I, 1 >~I ,i, 8. : :~ ,i @ i :~ k;Ji!, .,q$ . :, Cl j p; ;::g ;‘;“[ 1 Prior to initiat#p$ of3 em!npnt “dbmarr+ pr&%eding$; 3and prior to the bidding or Iy ~( Li ‘( _: _, E> 11 ’ E L f : L_ i$l:“i,’ I,‘,’ 3 /, i i/j ‘& awarding of contracts for.an~~:wo&k oriitna~~~~~~~d~~n,the easem&&,Subdivider shall, at its ~: (-, : )‘~ (,( @ _,’ ::’ I~f sole expense, retain’s c@$fp&t&“appraiser to estimate the vaf~~‘~~‘ihe~,e~lement and post one ‘-3 ,( .& I.,~ A:. : 3 ,‘,a hundred ten per&&t (1 ~I$$$ of the estimated value with the City $6 ‘a’ca.&$$ecurity deposit. ,I;:‘: L’ g> : (~ di&.&tion, ,“l,, ,I The City may aif’ its :j: i;; a?- use this c~sh~securitjr deposit to sa&@ lng:,bgal obligations _, ‘ll * created by this tigreement. Subdivider ,acknowledges that the Costloi~‘aoq~~~ltion and other (‘! “ ,, Q~j1 LIi legal obligations of%ubd)vider may sub&antiallyexceed t~~!lesti~ated’~atue,arid acknowledges that it will pay tilt amounts due ‘uher this agreement, ,&& if the,amotir#i;l~ue exceeds the ., ,: amount of the ca& ,dep&$ ‘: ‘is ,, ~) _r E , )$., i (_ : : v; i , $I_:’ :::(, (: ,, :;; (,: I (> ‘( ” 31, 3Y; I : 9. It is und~rsi~d-~~~~iiprior to the initiation of,,~~~~~~inenB,~~~ain proceedings, it ,,I lji ,i.:lih:; ,I /( 1,( “) :_,i_; yj, .::r,~,.‘: I / I G{;‘:,$ (( /ib 1 (!) >(- ‘s j( will be necessary for the’X$ity in %s s&e dfs~&etion”to adopt a r&$.rtion of necessity for the ‘~ j ,I::, i:~i~~i; i jjl ;I: acquisition of the property and to’m#e, tie ‘n&ces%& ffrWf~$s as required by law. City agrees ,T: ‘%, ,:,+,*‘I: : , , ,‘, I to use due diligence in processing the matter to hearing before the City Council in order to ensure compliance with the time limits established by Section 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government Code. Subdivider agrees that any Ill Iii Ill ill Ill MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99 . failure by the City to comply with the time limits, however, shall not cause an invalidation of any condition of the tentative map or relieve the Subdivider of any obligation hereunder. Executed by Subdivider this eday of , 2Om. &a- SUBDIVIDER: CITY OF CARLSBAD, a municipal corporation of the State of California Ryland Homes RAYMOND R. PATCHETT (Proper notariat~acknowtedgment of executionby SUBDlVfDE~ must be:.att@?&d) ,” I&:!, ‘: (Chairman, presidgnf’or”\rice-president and .c&@&&$, “&i&ant &&&$“&o or assistant treasurer must sign for .cor&ations. Otherwise, the corporation’ m@:Utach a resolution certified by the secretqry or assistant secretary under corporate ,seal empowering the officer(s) signing to bind the corporation.)’ ,:_, ~:l,:(~ , _:, _: :( :J,, :/: (ilI (,,, I_ 31, L. (,I,, a3 11,: Ii, ‘,(, ’ APPROVED AS TO Fo&& ,,,, i ,, ,_,l,l ” ” “‘i”“““““” :(I 1:11.(;2 ‘: 1,: aI) : ,_ ,(,(); ,!’ I I ;$ :’ ,( ‘(/, : 3 : ,: 1 $ ,, $:1 j: ,:l:_: I_i! j / I I_;: / ( >( g/ ,>I, . De&y City Attorney I MASTERS/FORMS/EASEMENT ACQUISITION RN. 5-25-99 ,. . .- - . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATEOFCALIFORNIA > COUNTYOF SAN DIEGO > On JUNE 19, 2000beforeme, TERESA M. ALLEN, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared, MICHAEL R. FORSUM AND GILBERT J. MILTENBERGER personally known to me (#ywwecC~-r#g-eR~~ba~ef~isfacto~evideace) to be the person(s) whose name(s) &fare subscribed to the within instrument and acknowledged to me that he/&e/they executed the same in +tMteF/their authorized capacity(ies), and that by hisfhetJtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SAN OIEGO COUNTY (SEAL) NOTARY PUSLlb SIGNATURE OPTIONAL INFORMATION TITLEORTYPEOFDOCUMENT DATEOFDOCUMENT NUMBEROFPAGES StGNER(S)OTHERTHANNAMEDABOVE