HomeMy WebLinkAboutFirst Darthron Associates; 1987-02-19;0. 0 0
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AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND FIRST DARTHRON ASSOC REGARDING THE
A C Q U~~~~-~-~~~E N T S F 0 R
STREET AKD OTHER PURPOSES AS REQUIRED FOR
SUBDIVISION CT 84-33
This Agreement is made this P /yeday of
19 -27 by and between the City of Carlsbad, Califor
ELlQiCipal ~nr?ortjcn (hereinafter called "City")
FIRST DARTHRON ASSOCIATES (called "Subdivider").
RECITALS
A. Developer is required as a condition of Resc
No. 8197 of the City Council of the City of Carlsbad, apy
--- a 77 unit tract map and planned unit development(PU~74~
~~X~~~~~~~~~~~~XX~X~X~~~~~~~~~~~ to d
anc provide certain improvements to wit:
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6. The acquisition and development of Dubl_id
right- of - way as an off-site improvement
subdivision is essential to provide needed public facilit
the subdivision and to mitigate the public facilities
created by the subdivision.
C. It is necessary that Subdivider secure said E
and install improvements thereon and in accordanc
specifications of ihe City of Carlsbad.
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D. Subdivider has been unable to acquire
negotiated purchase the required easements for street and
purposes for the subdivision, and requests that the City i
in the acquisition by exercise of the City's power of en
domain.
E. This Agreement is authorized by and is enterec
pursuant to Section 211.16.095 of the Carlsbad Municipal Co
Section 66462.5 of the state Government Code.
NOW, THEREFORE, in consideration of the mutual cov
contained herein and of the recitals, it is mutually agr
and between the parties as follows:
1. Subdivider agrees to retain on behalf of the
qualified attorney or attorneys to prepare and file on beh
the City all documents, pleadings and process neces:
acquire the required easements through an action in t
domain. Said attorney or attorneys will either be assc
with the City Attorney in the eminent domain proceeding, (
independently pursue the eminent domain action on behalf
City, as the City in its discreticr! determines. The atto
attorneys shall be approved by the City Attorney and sub
agrees not to replace the attorney or attorneys without t
Attorney's consent. The City Attorney's approval or
shall not be unreasonably withheld.
2. Subdivider agrees to bear all expenses, costs
and charges, including attorneys', engineers, appraisers c
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professional service fees incurred or charged in connectior
the acquisition of the various property interests an(
preparation and prosecution of the eminent domain proceedinc
City shall assume no responsibility for said amounts.
shall be no charge for City staff time associated wit’
project
3. It is understood and agreed that even thou
City is party plaintiff, it shall assume no fin
responsibility in said eminent domain action and that as f
proceedings are required, outside counsel shall assume F
responsibility and direction of any actions subject
necessary approvals of the City. The City agrees to cor
and assist in commencing and prosecuting said condemnation
in an expeditious manner for the purpose of completing !
soon as reasonably possible in accordance with applicable
4. Subdivider shall retain at its sole expe
appraiser, engineer or other expert witness, as mutually
upon by Developer and City, to provide any necessary app
engineering ~r ather infcrmation irr a forq suitable for
connection with said condemnation proceedings. Any app
engineer and other expert witness required shall be paid c
by Subdivider. City shall assume no responsibility 1
payment.
5. Subdivider shall pay all amounts, plus inte
required as a result of any judgment or settlement in pay1
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easements to - be acquired. City shall assume no responsib
for said payments.
6. The parties hereby agrees to seek an ord
immediate possession for the real property necessary fo
improvements and facilities and related easements and comply
the legal procedures necessary therefor. The subdivider sh:
responsible for the deposit of funds, posting of securil
payment of any costs associated with the order of immc
possession.
7, City retains the right to assume p
responsibility for the subject ligitation at any time
prosecute it to completion with all costs, including atto
fees, to be borne by the Subdivider.
8. It is understood that prior to the initiation
eminent domain proceedings, it will be necessary for the C
its sole discretion to adopt a resolution of necessity f
acquisition of the property and to make the necessary findi
required by law. The adoption of a resolution of necessit]
be a condition precedent to any obliGation of the Subc
herein. City agrees to use due diligence in processj
matter to hearing before the City Council in order to
compliance with the time limits established by Section 20
of the Carlsbad Municipal Code and Section 66462.5 of th
Government Code. Subdivider agrees that any failure by t
to comply with the time limits, however, shall not c
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invalidation of any condition of the tentative map or reliev
subdivider of any obligation hereunder.
IN WITNESS WHEREOF, the parties hereto have ex€
this Agreement on the day and year first above written.
DATED:* +z 4%f7 CITY OF CARLSBAD
A Municipal Corporation of
the State of California
by:
ATTEST:
+A. A ETHA L. RAUTE&&ye%
SUBDIVIDER
FIRST PARTI!RnN ASSOCIATES
ROWCO; INC . ,! GENE9AL PARTI
by:c ---e
State of c 4/! (‘LC! t? -g/ cb On this the A& zday of 7 %^L4?/*,/3 <z- 19d -_
county of /.& /+;yA4 jss. J p&L?L ,2k /ht+
the undersigned Notary Public, personally appeared
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&persunally known to me
0 proved to me on the basis of satisfactory evidence
he within instrument ai
or on behalf of the cor1
named, and acknowledged to me that the corporation ex€
WITNESS my hyd a Wicial seal.
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Notary’s Sign at u re 0
CORPORATE ACKNOWLEDGMENT FORM 7120 052 NATIONAL NOTARY ASSOCIATION 23012 Ventura