Loading...
HomeMy WebLinkAboutCalavera Hills II LLC; 2002-08-14;AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CALAVERA HILLS II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 00- Qz This Agreement is made this @day of August, 2002 by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Calavera Hills 11, LLC, a California Limited Liability Company (hereinafter called "Developer"). RECITALS A. Developer is required as a condition of Resolution No. 2002-016 of City Council of the City of Carlsbad, approving Carlsbad Tract 00-02 to dedicate and provide certain improvements to wit: B. The acquisition and development of College Boulevard Reach B and Cannon Road Reach 3 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 Developer secure said easement and install improvements thereon and in accordance with specifications of the City of Carlsbad. D. Developer wishes to acquire by a negotiated purchase the required easements for street and other purposes for the subdivision, 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. Developer retained the services of a competent appraiser who subsequently provided an estimate of the value of said easement to be acquired. MASTERSlFORMSlEASEMENTACQUISITION 1 REV. 04108198 E. This Agreement is authorized by and is entered into pursuant to Section 20.16.095 of the Carlsbad Municipal Code and Subdivision Map Act Section 66462.5 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 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, appraisers or other professional setvices fees incurred or charged in connection with the acquisition of the various property interests and the preparation and prosecution of the eminent domain proceeding, and City shall assume no responsibility for said amounts. There shall be no charge for City staff time as- sociated with this project. 3. It is understood and agreed that even though the City is party plaintiff, it shall assume no financial responsibility in said 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 MASTERSlFORMSlEASEMENTAC(1UISITION 2 REV. warn8 action in an expeditious manner for the purpose of completing same as soon as reasonably possible in accordance with applicable laws. 4. Developer agrees to pay the costs of retaining any appraiser, engineer or other expert witness, as mutually agreed upon by Developer and 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 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 the Developer. 8. Prior to initiation of eminent domain proceedings, and prior to the bidding or awarding of contracts for any work or improvements on the easement, Developer shall post a cash security deposit with the City in the amount of one hundred ten percent (110%) of the estimated value. The City may at its discretion, use this cash security deposit to satisfy any legal obligations created by this agreement and MASTERSlFORMSlEASEMENTACQUISITION 3 RN MIMMB to pay for any and all legal expenses required to acquire the easement through the condemnation proceedings. Developer acknowledges that the cost of acquisition and other legal obligations of Developer may substantially exceed the estimated value of the easement and acknowledges that it will pay all amounts due under this agreement, even if the amount due exceeds the amount of the cash deposit. 9. 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. 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 Subdivision Map Act Section 66462.5. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill MASTERSlFORMSlEASEMENTACQUISITlON 4 REV. 04108198 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 tentative map or relieve the Developer of any obligation hereunder. Executed by Developer this 1 qdday of August, 2002 DEVELOPER: Calavera Hills II, LLC, a California Limited Liability Company (sign here) I su/ CITY OF CARLSBAD, a municipal corporation of the State of California n BY GLENN PRUIM for City Manager " (title and organization of signatory) BY h (sign here) fq B. (title and organization of signatory) (Proper notarial acknowledgment of execution by DEVELOPER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 5 I MASTERSIFORMSIEASEMENTAC(1UISITION RN. cutom 1 }ss. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On June 18'h, 2002, before me, Carol L. Bond personally appeared Brian Milich and Don Mitchell, exden& to be the acknowled ed to capacid and that by hkkrltheir signatur-on the instrument the perse or the entity upon behalf of which the perso s) Wed, executed the instrument. L NOTARY PUBUC.CALIFORNlA McMiiiinCompanien State of California ) ) County of San Diego ) On, August 22, before me, Belinda R. Guzman, Notary Public, personally appeared Glenn Pruim, personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Right-of-way Agreement CT 00-02 Date of Document 08-14-02 No. of Pages 5 Signer(s) other than named above Don Mitchell