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HomeMy WebLinkAboutTreetops Unlimited; 1985-12-11;. I 1 .I) a AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSRAD AND TREETOPS UNLIMITED REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 83-21/PUD-57 This Agreement is made this 11th day of Decembei 19 85 by and between the City of Carlsbad, Californial a municipal corportion (hereinafter called "City" ) and -. Treetops Unlimited (hereinafter called "Subdivider"). RECITALS A. Developer is required as a condition of Resolutior No. 8221 br 8227 of the [City Council] [Planning Commission] of t' City of Carlsbad, approving with conditions Tentative Map CT *see below to dedicate and provide certain improvements to wi Harwich Drive in Villaqe K; Glasgow Drive in Villaqe K and adjacent to Vi11aq-e E,; Elm Avenue adjacent to Village E, I I B. The acquisition and development of Street Dedicat Right of Ways as an off-site improvement for the subdivis is essential to provide needed public facilities for the subdivision and to mitigate the public facilities burdens crea by the subdivision. C. It is necessary that Subdivider secure said easerc 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 othl *Resolution #8221--Construction Reimbursanent and Park Grading agreement. Resolution #8227--Revising Condition #39 of Planning Commission Resolution #224 City Council Resolution #7457. 0 9 purposes for the subdivision, and requests 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 int pursuant to Section 20,16,095 of the Carlsbad Municipal Code an Section 66462.5 of the state Government Code. NOW, THEREFORE, in consideration of the mutual covenan 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 qualified attorney or attorneys to prepare and file on behalf t the City all documents, pleadings and process necessary to acq the required easements through an action in eminent domain. S attorney or attorneys will either be associated with the City Attorney in the eminent domain proceeding, or will independent pursue the eminent domain action on behalf of the City, as the City in its discretion determines. The attorney or attorneys shall be approved by the City Attorney and subdivider agrees r; to replace the attorney or attorneys without the City Attorney consent. The City Attorney's approval or consent shall not be unreasonably withheld. 2. Subdivider agrees to bear all expenses, costs, fe and charges, including attorney's' t engineers, appraisers or ot professional service fees incurred or charged in connection w: the acquisition of the various property interests and the preparation and prosecution of the eminent domain proceeding, -2- . 1 7- < 0 e city shall assume no responsibility for said amounts. There shal be no charge for City staff time associated with this project. 3, It is understood and agreed that even though the Cii is party plaintiff, it shall assume no financial responsibility said eminent domain action and that as further proceedings ace required, outside counsel shall assume primary responsibility at- direction of any actions subject to any necessary approvals of t City. The City agrees to cooperate and assist in commencing ani prosecuting said condemnation action in an expeditious manner fc the purpose of completing same as soon as reasonably possible i 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 direc by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall pay all amounts, plus interest, required as a result of any judgment or settlement in payment easements to be acquired. City shall assume no responsibilitj said payments. 6. The parties hereby agrees to seek an order of immediate possession €or the real property necessary for the improvements and facilities and related easements and comply the legal procedures necessary therefor . The subdivider shal -3- I- e a responsible €or the deposit of funds, posting of security, or payment of any costs associated with the order of immediate possession. 7. City retains the right to assume primary responsibility for the subject ligitation at any time and to prosecute it to completion with all costs, including attorneys' fees, to be borne by the Subdivider. 8. 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 findinqs as required by law. The adoption of a resolution of necessity shall be a condition precedent to any obligation of the Subdivider herein. 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 state Government Code. Subdivider agrees that any failure by the city to comply with the the limits, howevg shall not cause an invalidation of any condition of the tentative map or relieve the subdivider of any obligation hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ... e.. 4. t 0 e CITY OF CARLSBAD A Municipal Corporation of the State of California DATED : /%F/J- by:%4*&.+ dv fZ-Ji!L MARY H. C LER, Mayor ATTEST: SUBDIVIDER: TREETOPS UNLIMITED, Vice President 5.