HomeMy WebLinkAboutTreetops Unlimited; 1985-12-11;. I
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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,
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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.
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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,
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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
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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.
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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
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