HomeMy WebLinkAboutWestern Pacific Housing; 1997-06-10;c WkD
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-1576
(619) 438-l 161
ENGINEERING DEPARTMENT
Assistant City Clerk
LEl TiR OF TRANSMITTAL
DATE JOB NO.
612197
AlTENTlON
Karen Kundtz
RE:
Western Pacific Housing
WE ARE SENDING YOU q Attached
0 Shop Drawings fJ Prints
0 Under separate cover via the following items:
0 Plans q Samples fJ Specifications
0 Copy of letter
Dated
fJ Change Order
THESE ARE TRANSMITTED AS CHECKED BELOW:
0 For approval fJ For checking /J Resubmit copies for approval
q For your use fJ Approved as submitted fJ Design only, not for construction
fJ As requested 0 Approved as noted 0 Return corrected prints
0 For review and comment 0 Returned for corrections m For signature
fJ For your action
REMARKS pt ease process the attached for signature by the City Attorney and return two of the fully executed
originals to me. Thank you for your assistance.
COPY TO: Associate Engineer Wickham
SIGNED:
Mindy Jacobs, M&age
If enclosures are not as noted, kindly notify us at once.
AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
WESTERN PACIFIC HOUSING-POINSETTIA, L.P., REGARDING
THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 93-3.
This Agreement is made this 1Othday of JUNE , 199J by and between the
City of Carlsbad, California, a municipal corporation (hereinafter called “City”) and Western
Pacific Housing-Poinsettia, L.P., (called “Subdivider”).
RECITALS
A. Subdivider is required as a condition of Resolution No. 94-93 of City Council of
the City of Carlsbad, approving a Mitigated Negative Declaration, Tentative Subdivision
Map (CT 93-03), Condominium Permit (CP 93-02), Site Development Plan (SDP 93-02)
and Hillside Development Permit (HDP 93-02) for a 184 multi-family residential
development between the City of Carlsbad and Western Pacific Housing-Poinsettia, L.P., to
dedicate and provide certain improvements to wit: The acquisition and development of
Cassia Road.
B. The acquisition and development of Cassia 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 pat-ties as follows:
MASTERS\FORMS\ 1 REV. 02/04/97 EASEMENT ACQUISITION
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1. SuLvider agrees to pay the costs of retait,,,Ig 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
discretion determines. The attorney or attorneys shall be retained by the City and approved by
the City Attorney.
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.
MASTERS\FORMS\ EASEMENT ACQUISITION REV. 02104/97
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6. The parties hereby agree to seek an order or 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
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 all 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
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MASTERS\FORMS\
EASEMENT ACQUISITION REV. 02/04/97
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failure by the City w comply with the time limits, however, snail not cause an invalidation of any
condition of the tentative map or relieve the Subdivider of any obligation hereunder.
Executed by Subdivider this day of ,1997.
SUBDIVIDER: CITY OF CARLSBAD, a municipal
corporation of the State of California
WESTERN PACIFIC HOUSING-
POINSETTIJ&P. By::
for City Manager
(title and organization of signatory)
AP L#-f Zvle. /-/lima ~fl 12 @CApPa / fir”t%L d’
By:
(sign here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by SUBDIVIDER 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
City Attorney
MASTERS\FORMS\
EASEMENT ACQUISITION
REV. 02104l97
ALL PURPOSE ACKNOWLEDGMENT
State of Califo County of
I Notary
authorited capacity(ies), and the person(s), or the entity upon b the instrument.
s of satisfactory evidence td
the within inst ument and the same in c? hi her/their ature&) on the strument of which he person(s) acted, executed
WITNESS my hand and official seal.
signature
UNANIMOUS WWITEN CONSENT OF
THE BOARD OF DIRECTORS OF
AP LIB, Inc.,
a California corporation
The undersigned, being all of the Directors of AP LHI, Inc., a California corporation (the
“Corporation”), take the following action by written consent without a meeting, in accordance with
Section 307(b) of the California General Corporation Law and the bylaws of this Corporation:
WHEREAS, the Corporation is the manag@ general partner of Western Pacific Housing
- Poinset& L.P., a California limited partuership (the WPH!‘); and
WHEREAS, WPH has acquired that certaiu parcel of real property described on Exhibit
“A” attached hereto (the “Property”) and intends to engage in certain land enhancement activities
for the purposes of constructiou single tily housing, townhouses and condominiums for sale
thereon including the zoning aud rezoning of such Property and the designing and redesigning of
residential improvements to be constructed thereon (the “Project”); aud
WHEREAS, in order to commence and complete the planned development of the Project
WPH must obtain certain permits and approvals f&n various go vemmental agencies and
regulatory bodies.
NOW, THEREFORE, BE IT RESOLVED, that Craig A. Man&e&r as duly elected Vice
President and Assistant Secretary, and Lance Waite as duly elected Vice President of this
Corporation are, and either one of them acting alone hereby is, authorized, empowered, and
directedinthenameandonbehalfofthecorporationasthemanaging general partner of WPH to
take all actions, and execute, delivery tile and record any and all iu&uments, agreements, and
documents as may be required or as such office may deem necessary, advisable or proper iu
connection with obtaining all governmental and regulatory approvals and consent for the
development aud sale of the Project. The grant of authority herein iucludes, but is not limited to,
the right to contact and inter-~ with, Tom time to time or on au on-going basis, as applicable any
and all local, municipal, state and/or federa governmental agencies and/or mgulatory bodies in
order to obtain all building permits and other governmental authorizations necessary for WPH’s
development of the Project to final& all tract and subdivision maps and to submit appropriate
applications to and obtain approvals from the Department of Real Estate and to take all other
actions in connection therewith. .
IN WITNESS WHEREOF, the undersigued have executed this couseut as of February 1,
._ ‘8 1,
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