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HomeMy WebLinkAbout1997-04-08; City Council; 14122; FINAL MAP CT 84-32A (COBBLESTONE SEA VILLAGE UNITS 1 & 2)~\.'\=, ? I 0 eITY OF CARLSBAD - AGEN A BILL FINAL MAP CARLSBAD TRACT NO. 84-32(A) COBBLESTONE SEA VILLAGE - UNITS 1 & 2 RECOMMENDED ACTION: ITEM EXPLANATION: Engineering staff has completed checking the final map of Carlsbad Tract 84-32(A) as Cobblestone Sea Village. This is a 104 acre property subdivided fol development. This subdivision is within Local Facilities Management Plan (LFMP) i is generally located between Palomar Airport Road and Poinsettia Lane eastei Parkway. It is comprised of 234 lots with uses as follows: 212 residential, 19 ope 3 private street lots. The final map conforms substantially with the tentative map as approved by Cit October 10, 1989 per Resolution No, 89-354. The final map also conforms to the ! all the applicable requirements of the Municipal Code, City Standards and Management Plan. The applicant, Greystone Homes, Inc., is requesting the recor( In compliance with the Local Facilities Management Plan for Zone 20, this project guarantee the financing of certain portions of Poinsettia Lane and Aviara Parki currently in the process of forming a Bridge and Thoroughfare district (B&TD) 1 Zone Plan requirement. The developer desires to final the map for this project i the formatio'n of the B&TD. By previous action on similar projects within Zone 20 has determiined that the financing obligation can be satisfied through an agreen the developer prepays the estimated B&TD fee and agrees to pay any differe established fee once the B&TD is formed. D w E these improvements is $1,775,891. developer will be eligible for reimbursements under the B&TD proposal. As a part of the Council action the Mayor is authorized to approve the Petition Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Aviara Parkway and Poinsettia Lane Agreement. Conditions of approval for Cobblestone Sea Village provides that no developme units may occur without the provision of secondary access. The developer propc the access from the south via the construction of Black Rail Court from Aviara F south tract boundary. The developer has designed road improvements, posted completed property acquisition agreements with all but two of the properties trz The estimated fee for this project is $1,4 B 2 z 0 F 0 a 1 road extension. 0 2 3 0 0 I 3 n 0 Page 2 of Agenda @No. I 'fj)A% To insure the provision of secondary access the developer is requesting the available its power of eminent domain to obtain missing segments of right of way if ultimately fails. The developer has entered into an agreement guaranteeing to r; associated with the eminent domain proceedings. The proposed Council action authorizes the Mayor to approve the agreement betw of Carlsbad and Greystone Homes, Inc. regarding the acquisition of Easements fo Other Purposes as required for Subdivision CT 84-32(A). FISCAL IMPACT: The developer pays a plan check fee to cover the expense of plan checking and prc Final Map for recording. There is no fiscal impact to the City. All appropriate fees 1 and when building permits are issued for this project. EXHIBITS: 1. Location map 2. Black Rail Court Property Exhibit 3. Cobblestone Sea Village Tentative Map Exhibit 4. Resolution No. 9 7- 428 approving a Final Map for Carlsbad Tract No. 5. Petition and Consent and Waiver Agreement 6. Agreement Regarding Acquisition of Certain Easements for Street and Other PI p/ 3 (&Id > < < z e k t C C C < c C I I - - < C ( I \ - < - I N c9 4 00 I- o u (9 A ,I I a a I > u v) W z 0 + cn W J m m 0 0 -1 \ 1 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 97-428 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 84-32(A) COBBLESTONE SEA VILLAGE UNITS 1 & 2. WHEREAS, Greystone Homes, Inc., has submitted a Final Map known Tract No. 84-32(A) to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 84-32(A) with COI approved/recommended for approval by the Planning Commission on June 7, 198! Resolution Number 2849; and WHEREAS, the City Council approved Planning Commission Resolution N meeting of October IO, 1989 pursuant to Resolution No. 89-354; and WHEREAS, the City Engineer has determined that said map substantiall! said conditionally approved 1.entative map; and WHEREAS, the conditions of approval for said Final Map have been secured; and WHEREAS, the developer has offered public street and public easements to the City of Carlsbad; and WHEREAS, the Final Map conforms to the City of Carlsbad General requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Carlsbad determined it to be interest to approve said Final Map; and WHEREAS, the developer is requesting Council approval of an inter; entitled “Petition, Waiver and Consent to Creation of a Facility Impact Fee Agreement to Pay Fair Share Cost of Aviara Parkway and Poinsettia Lane” wher agrees to construct a major segment of Aviara Parkway and to waive their right establishment of a facillty impact fee for the construction of Aviara Parkway I Lane; and -1 *\ 1 0 0 WHEREAS, the developer is required to construct secondary access fo 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 said access being provided via extension of Black Rail Court; and WHEREAS, in order to construct the extension of Black Rail Cour acquisition of rights of way; and WHEREAS, Greystone Homes, Inc., is requesting the City to exerci: eminent domain. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit California, as follows: 1. 2. That the above recitations are true and correct. That said Final Map known as Carlsbad Tract No. 84-32(A) from Grey Inc., which is on file with the City Engineer and is incorporated herein by reference 3. 4. That the City accepts the dedications shown on the Final Map. That the City Clerk is authorized to sign the Certificate of Acceptancl Map. 5. That the City Clerk is authorized to cause the original Final Map to t the Office of the County Recoraer of San Diego County, State of California. 6. That the City Clerk is authorized to release the map to Chicago Title recording in the Office of the County Recorder. 7. That the Mayor is directed to sign the agreement entitled “Petition Consent to Creation of a Facility Impact Fee Program and Agreement to Pay Fair Aviara Parkway and Poinsettia Lane.” 8. That the Mayor is directed to sign the agreement entitled “An Agreer the City of Carlsbad and Greystone Homes, Inc., a Delaware Corporation FI Acquisition of Certain Easements For Street and Other Purposes as Required fc CT 84-32(A).” I .I e$ 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Council held on the 8th day of APRIL , 1997 by the following vote, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Finnila, Nygaard, Kulchin, Hall ATTEST: P& ALETHA L RAUTENKRANZ, City CIE (SEAL) r. -1 ./. .' 0 0 RECORDING REQUESTED MAIL TO: BY AND WHEN RECORDED City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORI Parcel No. 212-040-30 For Legal Description see attache PETITION, WAIVER, AND CONSENT TO CREATION OF A FACILITY IMPACT FEE PROGRAM AVIARA PARKWAY AND POINSETTIA LANE - ("AGREEMENT") I I AND AGREEMENT TO PAY FAIR SHARE COST OF A. WHEREAS, the undersigned Property Owner is processing for develc , the City of Carlsbad ("City") a development project known and identified as Cobt Village, Carlsbad Tract 84-32A ("Project"); and, 6. WHEREAS, City h'as determined Project to be located within the bo1 proposed benefit area for a Facility Impact Fee Program to be known as Aviara I Poinsettia Lane Facility Fee Program ("Fee Program"); and, C. WHEREAS, Fee Program is intended to be formed to finance those in generally described in Paragraph 1 below; and D. WHEREAS, Fee Program may take the form of a bridge and thoroug' benefit fee (pursuant to Government Code Section 66484 and Carlsbad Municipal Section 20.08.140). amendment to the Traffic Impact Fee (CMC Chapter 18 development Impact Fee enacted pursuant to Government Code Section 66000 combination thereof, or otherwise; and, 1 11 i! I I .< ‘I ,< > .. 0 0 E. WHEREAS, Property Owner desires to proceed with processing 0’ prior to City determination of the form or establishment of Fee Program; and F. WHEREAS, the Local Facilities Management Plan for Zone 2C guarantee for the construction of the segments of Aviara Parkway and Poir described in Paragraph 1 below, prior to the recordation of any final maps or the building permits within the zone; and G. WH€REAS, condition number 43 (as that condition relates to the I ~ construction of Aviara Parkway (formerly Alga Road)) of the tentative tract map app Project, pursuant to Planning Commission Resolution No. 2849, requires Propel provide for the construction of certain public improvements including a portion of Avi and H. WHEREAS, compliance with the applicable Local Facilities Managen I I ~ Zone 20 and tentative map conditions for the Project is a condition of approval for t for the Project; and I. WHEREAS, City and Property Owner desire to agree to a guar insures the project’s fair share of the financing for the improvements described in herein that will allow Property Owner to proceed with the processing of a fin development of the Project in advance of the formation of a Fee Program for the co Aviara Parkway and Poinsettia Lane; and J. WHEREAS, City Council agrees that Property Owner. upon enter Agreement and upon payment of the fair share described herein, has met the req forth in the Local Facilities Management Plan for Local Facilities Management Plan . related tentative map condition number 43 (as that condition relates to the ‘ construction of Aviara Parkway and Poinsettia Lane) for Project to provide a financis 1 for the construction of those improvements described in Paragraph 1 below; and 'T < I 0 0 K. L. WHEREAS. Property Owner voluntarily enters into this Agreement; a WHEREAS, the City Council has determined that due to the size c there will be no major impact on the circulation system at the present time if develc Project is allowed to proceed with sufficient financial guarantees for actual constru Property Owner's fair share of the circulation improvements. I NOW, THEREFORE, in consideration of proceeding with the processing c the undersigned Property Owner hereby agrees, waives and consents as follows: I 1 I i Program which will cause the construction and installation and/or financing of improvements which are more specifically described as follows: 0 Aviara Parkway from Poinsettia Lane to Palomar Air Road and Poinsettia Lane from Aviara Parkway to El Car Real (Aviara Parkway) The improvements proposed for inclusion include full L grading for an 82-foot wide major arterial roadway with 102-foot ylide road right-of-way, with related drait improvements, and two 18-foot wide paved travel lanes, me curbs along both edges of a raised unimproved median stril Poinsettia Lane from Aviara Parkway to El Camino Real Aviara Parkway from Poinsettia Lane to Palomar Airport Roac built to City of Carlsbad major arterial standards. 2. The costs of construction, engineering, design, construction inspec administration, construction engineering. environmental mitigation, condemnation necessary right-of-way and slope easements, legal and other incidental expenses v by the Fee Program. 3. Property Owner acknowledges its right to notice of and participation of the establishment of Fee Program and expressly waives any right to protest 01 imposition or formation of Fee Program. Property Owner's waiver of its rigt establishment or formation of the Fee Program shall not prevent Property Owner frc ! ~ 3 1 I '< < ., I 0 0 the amount of the fee or extent of the improvements for Aviara Parkway and Poinse, 4. a) Property Owner agrees to pay to City its estimated fair s improvements described in paragraph one (1) above ("Deposit"), currently estimatc per "Average Daily Trip" ("ADT") allocable to each dwelling unit in the Project. TE are allocable to each single-family dwelling unit in the Project. The total amoui contemplated under the terms of this Agreement is estimated to be $1,409,800 (ba following calculation: 212 single-family units x 10 ADT/unit x $665/ADT). b) Prior to the recordation of a final map for any phase or phas 1 \ Project, Property Owner shall pay the Deposit to City in an amount calculated in acc 'I Paragraph 4.a) above for the number of units proposed within that final map, minus ' of the credits provided for in subparagraphs 4.c) below, to the extent those amou previously been subtracted from the Deposit. c) Property Owner is obligated by the condition 43 of the tentative I ~ Project to construct portions of Aviara Parkway, some of which are within the Fee ; some of which are not within the Fee Program. Those portions of Aviara Parkway cc I I the Property Owner which are described in paragraph one (1) and are included m Program (Reimbursable Portion) are fully reimbursable pursuant to the provi: paragraph. Those portions of Aviara Parkway constructed by the developer w described in paragraph one (1) or are not included within the Fee Program are nc reimbursable. Property Owner and City agree that, for purposes of this Agreeme amount of the Reimbursable Portion of the Property Owner's Aviara Parkway obligation is estimated at $1,775,891 ("Reimbursement") attached as Exhibit "6" reference made a part hereof. The actual amount of the Reimbursement shall be upon completion of the engineering report for the Fee Program and upon adoptio Program by the City Council. Upon substantial completion of any grading work. imp ~ i 4 ,. I; I .a .. I \ 0 0 property acquisition of the Reimbursable Portion of the Alga Road improvement, Cit sixty (60) days reimburse Property Owner an amount equal to the cost of the work a by the engineering report used to determine the adopted fee. In the event that thc report is not completed or the Fee Program has not been adopted by the City a substantial completion of the Reimbursable Portion of the Alga Road improvemen reimburse Property Owner an amount equal to the estimated cost of the Reimbursat improvements constructed by the Property Owner as determined by the City Eng completion of the engineering report and adoption of the Fee Program by City Coun determine the actual amount of the Reimbursable Portion of the constructed improw difference in cost between the estimated and actual value of the Reimbursabl constructed improvements shall be added to or subtracted from the Deposit due paragraphs 8.a) through 8.i) below. If Reimbursement exceeds the amount of previously paid by Property Owner to City, then the excess shall be a credit to be ap Property Owner's future Deposit obligations. In no case shall the City reimburse Owner pursuant to this Agreemept in an amount greater than the amount of the t under the adopted fee program without first entering into a subsequent rei agreement between the City and Property Owner. e) The actual amount of Property Owner's fair share payment ur Program shall be conclusively determined by City Council at the time the Fec i established. I I f) Deposit by Property Owner of its fair share of improveme determined herein, and the contractual covenant created by this Agreem Property Owner's obligations for the construction of the improvements ( i i ~ 5 I 11 t .* .' ' e 0 paragraph one (1) above, as required by the Local Facilities Management F 20 and Tentative Subdivision Map CT 84-32A condition number 43 (as tl relates to the funding and construction of Aviara Parkway and Poinsettia Lam 5. Property Owner acknowledges that this Agreement to pay and thereby participate in the financing of improvements is voluntary and th; Agreement Property Owner would be precluded from obtaining final map building and other development permits under the provisions of the G j I protesting the amount (of the fee or extent of the improvements for Aviara F Poinsettia Lane. 7. I This Agreement does not affect, in any way whatsoever, the Property Owner to pay any other fees or assessments associated with Prop' development, nor does this Agreement relieve Property Owner from providinc facilities required under conditions of the Local Facilities Management Plan fc placed upon Tentative Map CT 84-32A by the City. I 8. a) If prior to January 1, 1999, the Fee Program for Alg; Poinsettia Lane is established, subsequent to Deposit by Property Owner pur Agreement, Property Owner's financial obligation shall be recalculated at tha the fee formula established under the approved Fee Program. If thc I 6 !I ' ,. " 1 0 0 Program obligation is different from Deposit, plus accrued interest, amour paid by Property Owner to City pursuant to Paragraph 4 hereof, City shal excess, or Property Owner will pay to City any additional amount due (Shortf; b) Any refund shall be made from funds available through the colle and shall not be an obligation of City's General Fund or other revenue sources. c) In the event that insufficient funds are available from the fe Property Owner shall be reimbursed in the order in which funds were deposited with as sufficient funds become available, as determined by the City Council. d) No reimbursement is required until the City Council determines t funds are available. I e) If a Shortfall exists, Property Owner shall be notified of the ami Shortfall by the Finance Director via certified mail. The amount of said Shortfall shal payable to City 30 days after the mailing of such notice. f) The computation of the amount of any Shortfall shall not incl charges. g) If payment in full of the Shortfall is not made by Property Owner (90) days of notice of said Shortfall by the Finance Director, the amount due shall lien on any portion of the property within the Project for which a building permit h issued by the City. City may deny the issuance of building permits and/or take any allowed by law to deny further development of Project property subject to this Agree collect such Shortfall including but not limited to, enforcement of the lien on the pro] recordation of a lien shall not affect its ability to recover the Shortfall by other I concurrently, but no double recovery will be allowed. The cost of such collection obligation of Property Owner and shall be added to the amount of the Shortfall paymc 7 ~ 1 I. 0 0 h) Any payment received by the City under this Agreement shall be d special fund and may only be used to fund the construction of the facilities desc Upon the establishment of a Fee Program to fund these same facilities, any amount the special fund may be transferred to the Facility Fee Fund, at the discretion of Director. i) On or after thle effective date of the Fee Program adopted by City Property Owner may elect to terminate this Agreement. The Property Owner shall r of their intent to terminate this Agreement in writing in accordance with the I paragraph 15 below. Upon receipt of such notification, the City shall review the Del for the Project and determine the amount of any shortfall or refund due under the this Agreement and the amount of any remaining credits pursuant to paragraph 1 any. Upon payment of the shortfall, if any, by the Property Owner and upon the detc I the City that the Project is subject to the adopted Fee Program, the City shall fill ' release and termination of Agreement with the Office off the County Recorder of tt 1 1, the amount paid by Property Owner under this Agreement, including any 8 .,( i a. 0 * reimbursements due pursuant to paragraph 4.c) above, shall be deemed to repre! Owner’s fair share cost for provision of those facilities described in paragraph one ( no further payment will be due from or reimbursement due to Property Owner. 10. Compliance with this Agreement will be accepted by City as an alt method described in the current Local Facilities Management Plan for Zone 20 for improvements described in paragraph one (1) above. This Agreement does not r( issue building permits or other development permits or grant approvals or relieve Pr of the obligation to comply with all applicable provisions of law, including but r Carlsbad Municipal Code Titles 18, 19, 20 and 21. 1 11. Compliance with the provisions of this Agreement is a condition ~ I discretionary approvals for the Project. If Property Owner does not comply with the this Agreement, approval of the Project will not be consistent with the General Plar I j j Management Program, the Local Facilities Management Plan, or the applicable finat 1 Zone 20 and all subsequent discretionary approvals and permits for the Project sha ~ by City. 12. The City may, at its discretion, elect to pursue any remedy, legal against Property Owner or Property Owner’s successors, heirs, assigns, and tran the exception of owners of individual lots for which building permits have been issut compliance with this Agreement. 13. City shall not, nor shall any officer or employee of City. be liable or re any loss or damage incurred by Property Owner or any successor or assign of Pro or by any occupant in Project. as a result of the exercise of any remedies provided 1 Agreement. Property Owner agrees to indemnify City for any liabilities incurred ’ result of City’s exercise of these remedies. 14. This Agreement and the covenants contained herein shall be bindir 9 I 1; !j * .1 ’ s, ” 0 0 inure to the benefit of the successors, heirs, assigns, and transferees of Propert City, and run with the real property and create an equitable servitude upon the real F 15. All notices provided for under this Agreement shall be in writing delivered in person or served by certified mail postage prepaid. Delivery of notic Owner shall be presumed to have been made on the date of mailing regardless Property Owner. Notices required to be given to Property Owner shall be addressec Todd Palmaer GREYSTONE HOMES, INC. 795 East Rincon, Suite 115 Corona, CA 91719 i Notices to the City shall be delivered to the following: Finance Director CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Each party shall notify the other immediately of any changes of addres require any notice delivered hereunder to be directed to another address. 16. The obligation and,benefits of this Agreement shall be transferred up1 Project. As used in this Agreement, “Property Owner” shall be the owner of the which comprises the Project, except as to any real property for which residential 1 been issued. Notwithstanding any provision of this Agreement to the contrary, notice to the City pursuant to Paragraph 15 above, all obligations, benefits and resp ’ this Agreement shall move to the new owner of the real property which comprises thl Ill Ill Ill Ill I /I1 i ~ I I 10 ( I .I ’ .- 1: 0 0 17. The undersigned entity further states, under penalty of perjury, that ii of the property described herein, or an authorized agent of the owner, and has th sign this document including the creation of the covenants herein. 1997 . 7 Executed this 2”” day of f-m PLJAR~ t- PROPERTY OWNER: Greystone Homes, Inc. a Delaware Corporation CITY OF CARLSBAD, a Municil By: -1 oQo PPLflAL?h. QI~1ScClo %st Dm7 (print name here) (title and organization of signatory) By: (sign he re) i (title and organization of signatory) j ’ (Notarial acknowledgment of execution by PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for c( only one officer signs, the corporation must attach a resolution certified by the assistant secretary under corporate seal empowering that officer to bind the corpora APPROVED AS TO FORM: RONALD R. BALL City Attorney BY La& City Attorney ++ 7 7, 11 I i !~ 9 1 ‘b ‘. a 0 EXHIBIT “A” LEGAL DESCRIPTION OF COBBLESTONE SEA VILLAGE CARLSBAD TRACT NO 84-32(A) UNIT NO 2, (COBBLESTONE SEA VILLAG SUBDIVISION OF THAT PARCEL OF LAND DESIGNATED AS “DESCRIPTION N! ACRES” AS SHOWN ON RECORD OF SURVEY MAP NO 5715, FILED IN THE THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 196( PORTION OF LOT “G” OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEG( NOVEMBER 16, 1896. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TH i I 1 I i ~ I I 12 1.30'97 Exhibi 6 0 DAH rv-a8a I ,,Kway - PAH to LobbleStOne Preliminary Cost Estimate for _, I, Sh:1 +03 to 20iOO B&TD #2 Reirnbursables Item Description Quantity Unit Unit Price Total 1 0 0 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On February 14,1997, before me, Linda Wasty, Notary Public for County of San Diego, personally appeared TODD PALMAER , personally known to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity and th by his signature on the instrument, the person or entity upon behalf of which the person acted, executa the within instmment. WITNESS my hand and official seal. / flfi /$& Linda Wasty, Notary Pubu CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Individual Greystone Homes, Inc., A-Delaware Corporation - xX_ Corporate officer President Partners Assistant Secretary - Corporation as a Partner Other THIS CERTIFICATE MUST BE ATACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OR TYPE OF DOCUMENT: --Petition, Waiver, & Consent to Creation of a Facility Impact Fee Program and Agreement to Pay share of Aviara Parkway & Poinsettia Lane. NUMBER OF PAGES NUMBER OF SIGNERS 3 1 I + exhibits and attachments $ *- e 0 AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND GREYSTONE HOMES, INC., A DELAWARE CORPORATION REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 84-32(A) This Agreement is made thiskday of , 1997 by and between the City of California, a municipal corporation (hereinafter called "City") and Greystone Horn( Delaware Corporation (called "Subdivider").R E C I T A L S F A. Subdivider is required as a condition of Resolution No.93-206 of City the City of Carlsbad, approving a one year tentative map extension request between Carlsbad and Subdivider to dedicate and provide certain improvements to wit: B. The acquisition and development of Blackrail Road as an off-site im for the subdivision is essential to provide needed public facilities for the subdivis mitigate the public facilities burdens created by the subdivision. C. It is necessary that Subdivider secure said easement and install imp thereon and in accordance with specifications of the City of Carlsbad. D. Subdivider has been unable to acquire by a negotiated purchase tt easements for street and other purposes for the subdivision, and request that the Ci the acquisition by exercise of the City's power of eminent domain, E. This Agreement is authorized by and is entered into pursuant 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the Government ( NOW, THEREFORE, in consideration of the mutual covenants contained hc the recitals, it is mutually agreed by and between the parties as follows: 1. Subdivider agrees to retain on behalf of the City a qualified attorney ( to prepare and file on behalf of the City all documents, pleadings and processes nl acquire the required easements through an action in eminent domain. attorneys will either be associated with the City Attorney in the eminent domain prc will independently pursue the eminent domain action on behalf of the City, as tht DOCSWASTERSlFORMSL4G-3 1 Said b 0 0 discretion determines Subdivider agrees not to replace the attorney or attorneys without the City Attorney's The City Attorney's approval or consent shall not be unreasonably withheld. The attorney or attorneys shall be approved by the City Attor 2. Subdivider agrees to bear all expenses, costs, fees, and charges, i attorneys', engineers, appraisers or other professional services fees incurred or ct connection with the acquisition of the various property interests and the prepars prosecution of the eminent domain proceeding, and City shall assume no responsibilit: 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 plaintif assume no financial responsibility in said eminent domain action and that a proceedings are required, outside counsel shall assume primary responsibility and di any actions, subject to any necessary approvals of-the City. The City agrees to coop assist in commencing and prosecuting said condemnation action in an expeditious rr the purpose of completing same as soon as reasonably possible in accordance with : laws. 4. Subdivider shall retain at its sole expense any appraiser, engineei expert witness, as mutually agreed upon by Developer and City, to provide any I appraisal, engineering or other information in a form suitable for use in connection condemnation proceedings. Any appraiser, engineer and other expert witness require paid directly by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall upon demand pay all amounts, plus interest, as req result of any judgment or settlement in payment for easements to be acquired. assume no responsibility for said payments. 6. The parties hereby agree to seek an order of immediate possession 1 property necessary for the improvements and facilities and related easements and c the legal procedures necessary therefor. The Subdivider shall be responsible for thc funds, posting of security, or payment of any costs associated with the order of DOCSWASTERSIFORMSL4G-3 2 b 0 a possession. Funds for said payments shall be deposited with the City by Subdivider initiation of eminent domain proceedings. 7. City retains the right to assume primary responsibility for the subject titic any time and to prosecute it to completion with all costs, including attorneys' fees, to t: by the Subdivider. 8. Prior to initiation of eminent domain proceedings, and prior to the bi, awarding of contracts for any work or improvements on the easement, Subdivider sh, sole expense, retain a competent appraiser to estimate the value of the easement and hundred ten percent (110%) of the estimated value with the City as a cash security The City may at its discretion, use this cash security deposit to satisfy any legal 0' created by this agreement. Subdivider acknowledges that the cost of acquisition : legal obligations of Subdivider may substantially exceed the estimated value and ackn that it will pay all amounts due under this agreement, even if the amount due ex( amount of the cash deposit. 9. It is understood that prior to the initiation of any eminent domain proc will be necessary for the City in its sole discretion to adopt a resolution of necess acquisition of the property and to make the necessary findings as required bylaw. C to use due diligence in processing the matter to hearing before the City Council ensure compliance with the time limits established by Section 20.16.095 of the Municipal Code and Section 66462.5 of the Government Code. Subdivider agref 111 Ill Ill ill Ill Ill DOCSWASTERS\FORMS'AG-3 3 e 0 failure by the City to comply with the time limits, however, shall not cause an invalidati condition of the tentative map or relieve the Subdivider of any obligation hereunder. Executed by Subdivider this \q day of 'y-P*L\b.q ,997 SUBDIVIDER: GREYSTONE HOMES, INC., a Delaware Corporation (name of Subdivider) Mayor /' [;',wL. c.. -- By: ,I / 1. Pdn here) d F&ld-(.G+ & Lh&f wnd oraanization of signatory) nuq/ t~ By: (sign here) 4 (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 corpc only one officer signs, the corpolation must attach a resolution certified by the SE assistant secretary under corporate seal empowering that officer to bind the corporatic APPROVED AS TO FORM: RONALD R. BALL City At By: LL 6 * 10 493. City Attorney DOCS~ASTERS\rOllMSV\G-3 4 (. . a e STATE OF CALIFORMA COUNTY OF RIVERSIDE On Febnrary 14,1997, before me, Linda Katuasty, Notary Public for County of San Diego, personally appeared TODD PALMAER , pcrs~nally known to me to be the person whose name is subscribed to t within instrument and acknowledged to me that he executed the same in his authorized capacity and th; by his signature on the instrument, the person or entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal xu7 /5Li Linda Karuasty, Notary Public CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Indimdual - XX- Corporate Officer President Partners Greystone Homes, Inc , A Delaware dorporabon - Assistant Secretary 1 Corporahon as a Partner Other THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR WE OF DOCUMEKT --Agreement betw Carlsbad and Greystone re easements for streets, etc - NUMBER OF PAGES NUMBER OF SIGNERS 3 4 + attachments