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HomeMy WebLinkAboutRancho La Costa Village LLC; 2001-05-21;AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CYNTHIA BELL & ASSOCIATES, INC., REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SITE DEVELOPMENT PLAN SDP 99-07 This Agreement is made this 20 a/ by and between 3 - c4b Gkcho 4 : i the City of Carlsbad, ,&‘,‘p ip,:r* Califor~&#;~*~~ @er called “City”) and Cynthia abily company r '* Commission 0 q-h*‘, .~~~~~~~;~~~,~~~~~~~~~~~~~~~~~~~~~ Carlsb~~;-,;aF3p~~~ng:r~~~,~~v “a, .w,*_ : % .“,&“.” ” -’ <‘ye ,e ment bebe.pn#@ Developer” &dedicat&&d nrokd ^. )L^I_x^ .^.. % B. : cho Santa Fe Road as an o ~~~~~~~~~ q&g&g for the project anc&~@ i ,- stall improvements thereon and in accordan< D. urchase the required easements for street and other purposes for the project, 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. 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. “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 1 MASTERS!FORMSIEASEMENT ACQUISITION REV. 5-25-99 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, ap connection with the acq prosecution of the amounts. There s ces fees incurred or charged in sponsibility for said assume no at as further assist in comme us manner for ce with applicable ppraiser, engineer or other expert witness, as mutually agreed nd “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 2 MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99 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 “Developer.” a. awarding of contr sole expense, ret %. ;._*.~d prior to the bidding or loper” shall, at its ent and post one acknowledges t exceeds the amo 9. will be necessary for the acquisition of the property and to mak d value and e amount due omain proceedings, it lution of necessity for the ings 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. ill tit Ii/ Iii Ill MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99 “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 Site Development Plan or relieve the “Developer” of any obligation hereunder. Executed by “Developer” this day of 320 . DEVELOPER See Attachment " By: (sign hl CARLSBAD, a municipal State of California (Proper notarial ack tached) 1 fag- d d,. _ (Chairman, preside p CFO or assistant treasurer must sign for corp8i%QQ,#~~~D~~ &ion cretary, must attach a resolution ._._ “l@M L ,2$$*ri$&$ ‘4;; & :i-,i~..*i~.$~,.5 .:e’p$*3*,” certified by the secretary or assistan~~~~~~~~~~~~~orate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: 1 MASTERS/FORMS/EASEMENT ACQUISITION REV. 5-25-99 ATTACHMENT "A" RANCH0 LA COSTA VILLAGE, LLC, a California limited liability company By: Cyffthia A. Bell Its Member and Manager By: PACIFIC LA COSTA VILLAGE, LLC, a California limited liability company ";g";;;;; Its Manager