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Home My WebLink About1992-09-15; City Council; 11887; APPROVE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MLHM, INC., AND WOODWARD VENTURES, LTD., REGARDING PALOMAR AIRPORT ROAD RIGHT-OF-WAY, PROJECT NO. 3166AB# 1/88? MTG. DEPT. ENG 09/15/92 TITLE APPROVE AGREEMENT BETWEEN THE CITY OF DEPT. H CITY AT CARLSBAD AND MLHM, INC., AND WOODWARD VENTURES, LTD., REGARDING PALOMAR AIRPORT ROAD RIGHT-OF-WAY, PROJECT NO. 3166 CITY MC r 0 ui B cc 2 4 2 0 i= 0 a i 0 z 3 0 0 CIS OF CARLSBAD - AGENP) BILL % !T id RECOMMENDED ACTION: Adopt Resolution No. 532-dJ2- approving an agreement between the City of Carl and MLHM, Inc. 9 a Cal ifornia Corporation and Woodward Ventures, Ltd., a Cal ifol Limited Partnership and authorizing the Mayor to execute the agreement. ITEM EXPLANATION: As part of the Palomar Airport Road, East - El Camino Real Widening, Pro, No. 3166, the City is obtaining slope and construction easements that will a the construction of cuts and fills that the streets will pass over. One of fronting owners, MLHM/Woodward, is requiring the City to agree to hold harmless as a condition of their grant of easement. The agreement provides the City of Carlsbad will hold MLHM Inc., and Woodward Ventures, Ltd., harm from all costs, expenses, losses, attorney's fees and liabilities that result 1 the acts of the City, its representatives or agents in connection with the easer rights that MLHM/Woodward will grant to the City. The Hold Harmless Agreement \ terminate at the end of the construction of the Palomar Airport Road, East - Camino Real Widening project. No other consideration between the City MLHM/Woodward is being exchanged. The extent of the easement is shown Exhibit 'C'. The area of the easement is approximately 4756 square feet. specific details of the agreement are contained in Exhibit 'B' which is agreement. FISCAL IMPACT: Using data acquired from a recent appraisal of the Bressi Ranch Staff estima that the total value of the easement is between negligible and approximat $16,000. Accepting the agreement and grant deed of easement will save the City cost of condemning the property and paying for the land. Except that the City k accept sole responsibility for its actions, the obligations of the City contai in the agreement are not beyond those that we would accept in the normal course events. The agreement is specific that no other obligation is either createc removed as result of the City holding MLHM/Woodward harmless. EXHIBITS: 1. Exhibit 'A', Location Map. 2. Exhibit 'B', Agreement. 3. Exhibit 'C', Plat of Easement. 4. Resolution No.Ci2-JAS approving an agreement between the City of Carls and MLHM, Inc., and Woodward Ventures, Ltd., and authorizing the Mayor execute the agreement. - NOT TO SCALE 0 0 RECORDING REQUESTED BY: 1 City of Carlsbad 1 1 WHEN RECORDED MAIL TO: 1 e/> e- 1 Citg of Carlsbad ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 HOLD HARMLESS AGREEMENT "SI!IOPE AND TEMPORARY EASEMENT OF CONSTRUCTION TY OF CARLSBAD" In consideration of MLHM, Inc., a California Corporation Woodward Ventures, LTD,,^ a California Limited Partnersh hereinafter MLHM/Woodward, executing a Grant Deed of Easement the City of Carlsbad, hereinafter City, for a temporary easerr of construction and slope easement on, over under and acros portion of that certain' parcel of land described in the d recorded as Document Number 90-029540 in the offica of the Cou Recorder of San Diego County: State of California , City agr to indemnify, defend and hold MLHM/Woodward and MLHM/Woodwar successors and assigns harmless from any and all costs, expens losses, attorney's fees and liabilities (including, but limited to, claims of mechanics' liens) incurred or sustained MLFM/Woodward as a result of any acts by City, representatives or agents in connection with the rights gran to City by the easement. I( LI ' ;, c This agreement shall terminate 30 days after City cause notice of completion to be recorded for the construction proj known as Palomar Airport Road and El Camino Real Wideni Project Number 3166 or reconveys or relinquishes said easement the owner of the underlaying fee title at such time of fil ___ - 0 0 said notice of completion or relinquishment or reconveyance oj said easement, whichever occurs first. The obligation to holc harmless or of indemnification by the City shall continue tc MLHM/Woodward as to causes of action arising prior to the filins of a notice of completion for said project or relinquishment 01 reconveyance of said easement. This agreement between City anc MLHM/Woodward does not waive any existing or future development fees or exactions or vitiate any existing agreements between Citl arid YLEb?/Wo3&1ard. , b IN WITNESS WHEREOF, the undersigned has executed thi 4s q& instrument,,thI a day of Yf-?fl'/ , 199L . DATED $8 DATED Woodward Ventures, Ltd. ^By: Woodward Cor2oration , ( General Partner of Woodwarc . Ventures, Ltd., a Californi, -- . i Limited Partnership t I/, UTE54 ( Signature) I BY Name bills @+k)P\no (Signature) - 'TP3e Or-Pr3tL -_--.I--- --A#?. E- &Zz@//h55</ int) I I I I I 1 i I I I i I I 0 0 said notice of completion or relinquishment or reconveyanc said easement, whichever occurs first. The obligation to harmless or of indemnification by the City shall continu MLHM/Woodward as to causes of action arising prior to the f: of a notice of completion for said project or relinquishmer reconveyance of said easement. This agreement between Cit) MLHM/Woodward does not waive any existing or future develor fees or exactions or vitiate any existing agreements between ant! MLX?T,’Wosdvard. instrumentk?b u day of +no/ , 199Z . IN WITNESS WHEREOF, the undersigned has executed DATED DATED Woodward Ventures, Ltd. ! By: Woodward Corporatio General Partner of Wooc . Ventures, Ltd., a Califc Limited Partnership BY :z;E “1, ~~, ‘x g um 4 BY m Title P w5;BEm (Signature) Name bur5 0.2-L)AkD (Signature) Name /&Ha&? &DD//flA (T e or Print) (Type or Print) (Signature) (Type or Print) BY .- (TyFe or Print) HeA- Title Name (Type or Print) Title (Type or Print) APPROVED AS TO FORM: ATTEST: l2/Qzf&dhL RONALD R. BALL ?a/&- fa. ALETHA L. RAUTENKRANZ Acting City Attorney City Clerk Liz L (Notarial acknowledgement of execution by the OWNER (s) mus attached) 0 0 STATE OF NEW YORX ) COUNTY OF NEW YQRK ) 1 On this the 17th day of August 1992, before me, ALICE J DUTTON, the undersigned Notary Public, personally appeared LOUIS C 'WARD, personally known to me to be the person whose name i subscribed to the within instrument, and acknowledged that h executed it. * WITNESS my hand and official seal. ALICE DUTTON Notary public, State of ~ew York NCE oLait$t?-, . Notary's Signature NQ. 314800154 Qualified in New York County 37 Commission Expires .*.I.. ' .\ .,, . .. I I I .. .. .*...., &.*' ' I 0 0 MLHM, INC. DELEGATION OF AUTHORITY I . The undersigned being the Secretary of MLHM, Inc. (the llCorporationll) , hereby authorizes, empowers and directs Louis C. Ward to execute and deliver, on behalf of the Corporation, all documents and agreements as he shall determine, in his judgment, to be necessary, appropriate or advisable, relating to the Corporation. All acts heretofore done by Louis C. Ward in executing documents on. behalf of the Corporation are hereby ratified, approved and confirmed in all respects. IN WITNESS WHEREOF, the undersigned has set his hand as of the 19th day of August, 1992. . .'.. .'< ;P ,, . <L'. , . > r-: C', c % , , . ..- . I --,, --;%.4c\ I#_ 0, 0.,.......*- . , e.-, - . ,. . . . a,. ** . ,'. > , < :' .; / ,: .D ' "* '. , i i, a 0 MLHM, INC. SECRETARY'S CERTIFICATE The undersigned hereby certifies that Louis C. Ward is a dul elected or appointed, qualified and acting officer of MLHM, Inc (the llCorporationll) holding the office of President. IN WITNESS WHEREOF, as of the 13th day of August, the undersigned has hereunto set his han 1992. i i .. Drawn BY C.C. Checked BY RT 4cinravrd 12-26-q0 WOODWARD 8 MLHM, INC. Rof. 12- 26 -90 DEDICATION FOR: TEMPORARY ‘CONSTRUCTION Tracina NO i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. 92-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MLHM, INC., A CALIFORNIA CORPORATION & WOODWARD VENTURES, LTD., A CALIFORNIA LIMITED PARTNERSHIP AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. WHEREAS, the City Council of the City of Carlsbad has determii necessary, desirable, and in the public interest to construct improveme Palomar Airport Road from El Camino Real to Acacia Avenue in San Marcos El Camino Real from Faraday Avenue to Palomar Airport Road, Project No. 31f WHEREAS, the project requires the acquisition of certain real pr interests; and WHEREAS, MLHM, Inc., a California Corporation and Woodward Venture! a California Limited Partnership is willing to execute a grant deed to ; a slope and construction easement which is necessary to construct a porl said public improvements if the City of Carlsbad agrees to hold MLHM, Inc Woodward Ventures, Ltd., harmless for the City's actions related t easement; and WHEREAS, the City Council determines that it is in the best interest City to enter into said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cai California, as follows: 1. That the above recitations are true and correct. 2. That it is in the best interest of the City to enter intc agreement with MLHM, Inc., a California Corporation and Woodward Venture a California Limited Partnership. /// /// /// /// . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 3. That the City Council hereby authorizes the Mayor of the C Carlsbad to execute said agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsba Council held on the 15th day of SEPTEMBER , 1992 by the followin( to Wit: AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Larson, Stanton, Nyj - ATTEST: AL%~RAkN&~t~kk 4 September 21, 1992 Annette J. Evans San Diego County Recorder Post Office Box 1750 San Diego, CA 92101-2422 Enclosed for recordation is the following described document: 1 Original Hold Harmless Agreement with MLHM, Inc. and Woodward Ventures, Ltd. regarding Palomar Airport Right-of-way, Project No. 3166. Our staff has determined that the recordation of this document of benefit to the City; therefore, it is requested that the fees waived. Thank you for your assistance in this matter. de I KU TZ,, CMC Assistant C y Clerk KRK: ijp Enclosure I 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2: