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HomeMy WebLinkAboutGreystone Homes Inc; 1997-02-14;L 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) I This Agreement is made this&day of -P , 1997 by and between the City of Carlsbad, California, a municipal corporation (hereinafter called “City”) and Greystone Homes, Inc., a Delaware Corporation (called “Subdivider”).R E C I TA L S A. Subdivider is required as a condition of Resolution No.93-206 of City Council of the City of Carlsbad, approving a one year tentative map extension request between the City of Carlsbad and Subdivider to dedicate and provide certain improvements to wit: B. The acquisition and development of Blackrail Road 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 Subdivider secure said easement and install improvements thereon and in accordance with specifications of the City of Carlsbad. D. Subdivider has been unable 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 by exercise of the City’s power of eminent domain. 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 retain on behalf of the City a qualified attorney or attorneys to 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 DOCS\MASTERS\FORMS-3 1 - - discretion determines. The attorney or attorneys shall be approved by the City Attorney and Subdivider agrees not to replace the attorney or attorneys without the City Attorney’s consent. The City Attorney’s approval or consent shall not be unreasonably withheld. 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 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 associated 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 action in an expeditious manner for the purpose of completing same as soon as reasonably possible in accordance with applicable laws. 4. Subdivider shall retain at its sole expense 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. Any appraiser, engineer and other expert witness required shall be paid directly by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall upon demand pay all amounts, plus interest, as required as a result of 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 funds, posting of security, or payment of any costs associated with the order of immediate DOCS\MASTERS!FORMS\AG-3 2 h A 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. 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, Subdivider shall, at its sole expense, retain a competent appraiser to estimate the value of the easement and post one hundred ten percent (110%) of the estimated value with the City as a cash security deposit. The City may at its discretion, use this cash security deposit to satisfy any legal obligations created by this agreement. Subdivider acknowledges that the cost of acquisition and other legal obligations of Subdivider may substantially exceed the estimated value and acknowledges that it will pay aff 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 Section 66462.5 of the Government Code. Subdivider agrees that any ill /ii /II I// l/l tit DOCSlMASTERS\FORMS\AG4 3 . 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 Id SUBDIVIDER: GREYSTONE HOMES, INC., a Delaware Corporation Mayor By: (sign here) (title and organization of signatory) (Proper notarial acknowledgement of execution by SUBDIWDER 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 DOCSblASTERS\FORMS\AG-3 4 J h STATE OF Cm couNTyoFRlvwsIDE On Fcbruuy 14,1997, befbre me, Linda Kmiasty, NO&UY Public for County of San Diego, pemmlly appead TODDPALMAER,pe~lyknowntometobetbepersonwhoseraPmeissubscribedto~ within instrument and acknowledged to me that he executed the some in his author&d capacity and that byhis~~ontbeinstnunent,thepersonorentityuponbeh?lfdwhichthepersonacted,executed thewithin-t. CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: lndividuml Greystone Homes, Inc., A Delmwiue Copration -- -- THE UXIIFKATE MUST BE ATTACHED TO THE MXUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: -+gmment betw Carl&ad and Greystone re: easements fix streets, etc.- NUMBER OF PAGES 4+attahmlts NUMBER OF SIGNERS 3 A CERTIFICATE OF SECRETARY OF GREYSTONE HOMES, INC. I, Robert W. Garcin, Secretary of Greystone Zomes, Inc. hereby certify that the following is a true and correct COP)' of a Resoluticn duly adopted by the Board of Directors of Greystone Homes, Inc. cn June 12, 1995 and that said Resclution is in fuii force and effect and has not been rescinded or modified: RESOLVED, that Todd Palmaer is hereby elected Inland Empire Pivision of this Ccrporation. Dated: June 12, 1995 President of the Greystone Homes, inc. (Corporate Seal) - . CERTIFICATE OF SECRETARY OF GREYSTONE HOMES, IX. I, Robert W. Garcin, Secretary of Greystone Homes, Inc. hereby certify that the following is a true and correct copy of a Resoiution duly adopted by the Board of Directors of Greystone Homes, Inc. on June 12, 1995 and that said Rescluticn is in full fcrce and effect and has net been rescinded or modifies. ---WY. RESOLVED, that Todd Palmaer, President/InlandEmpire Division, acting alcne be and is hereby authoxized on behalf of this Corporation to enter into contracts for services, purchase materials and supplies, execute applications, government and ouasi-government permits and licenses, obtain FRA and VA approvals, enter into written contracts with City and County agencies (including school districts) preliminary to or concurrent Ith w ' the subdivision of real property owned, CT under contract to purchase by sale agreement or option, which contracts are a part of said subdivision process, execute documents or instruments burdening this Corporation's real property as a part of the subdivision process, including but net IimitedtoSubdivision Improvement Agreements, easements, rights-of-way, licenses, covenants, conditions and reservations !"CC&R's"), annexation asreements, applications fcr Department Cf Real EstaEe public reports, title company indemnification agreements relating to Ccrpor ation real property, public and quasi- public utility service applicaticns and contracts, temporary entry agreements, ccntracts fCY the sale or rentai of this Corporation's residenziai real prcperty when such real property is improved with a housing unit and is a part o$ ,,,I a r-c- dential s-&division which latter authority includes the authority to execute escrow instructions, Grant Deeds and ,.:,r l..,',,,..,.., ct"t -nCLY'lm6z?ts of conveyance, and ail other ccntrac~s invciving this Corporaticn's ordinary course of business EXCEPT he shall have no authority to bcrrow mor,e)-, purchase real property, sell real property ether t::an as hereinabcve permitted or execute surety bonds cn behalf of this Corporation. RESOLVED FURTHER, that the authority herein conferred shall remain in force until revocation thereof by the Board of Directors of this CorpEation. Dated: June 12, 1995 (Coqorate Seal) l l/RITE IT - DON’T SAY IT! To File From Isabelle Paulsen Date June 19 0 Reply Wanted q lNo Reply Necessary 1997 Nanci Plouffe, Engineering Department, stated she did not need a copy of the signed agreement. June 19,1997 Mr. Todd Pahnaer Greystone Homes, Inc. 795 East Rincon, Suite 115 Corona, CA 91719 Re: Agreement Regarding the Acquisition of Certain Easements - CT 84-32(A) The Carlsbad City Council, at its meeting of April 8, 1997, adopted Resolution No. 97-428, approving an agreement with Greystone Homes, Inc. regarding the acquisition of certain easements for street and other purposes as required for Subdivision CT 84-32(A), Cobblestone Sea Village - Units 1 & 2. Enclosed please find a fully signed copy of the agreement and a copy of Resolution No. 97-428 for your files. f ~z~cMc ’ Assistant City Cle Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808