Loading...
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 ~ - - 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 h -\ 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 Ill ill Ill Ill MASTERS\FORMS\ EASEMENT ACQUISITION REV. 02/04/97 .- -. 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, --1 ( . J .; ; .,,.“,’ _ I :