HomeMy WebLinkAboutLyon/Copley Carlsbad Associates LP; 1992-08-20; 3072February 20, 1992
William Lyon Companies
4330 La Jolla Village Dr., Suite 130
San Diego, CA 92122
Attn: Mr. George Havier
Re: AGREEMENT FOR TEMPORARY ACCESS FOR LAKE CALAVERA GOLF COURSE -
The Carlsbad City Council, at its meeting of February 11, 1992, adop-
Resolution No. 92-55, approving an Agreement with Lyon/Copley Carlsbad Associa
regarding temporary access required for the Lake Cal avera Go1 f Course projec
Enclosed for your records is a fully executed original Agreement, as well a: copy of Resolution No. 92-55.
PROJECT NO. 3072
Assistant City C1 erk
Encs.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
f 0 0 EXHIBI
v-
t AGREEMENT FOR ACCESS TO
LAKE CALAVERA GOLF COURSE
PROJECT NO. 3072
THIS AGREEMENT, made and entered into as of the /9= day of
, 195+by and between the CITY OF CAFUSBAD, a municipal
corporation, hereinafter referred to as "City", and LYON/COPLEY CARLSBAD
ASSOCIATES, LP, a California Limited Partnership, hereinafter referred to as
"Owner".
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RECITALS
WHEREAS, the City desires to receive from Owner a street and utilities
easement for access to the Lake Calavera Golf Course; and
WHEREAS, the City proposes to construct street and utility improvements in
coordination with Owner's improvement plans for Carlsbad Tract Number 85-1 9;
and
WHEREAS, the Owner's improvement plans for Carlsbad Tract Number 85-19
include the construction of a sanitary sewer, sewer pump station, and utility access
road; and
WHEREAS, in exchange for a street and utilities easement for access to the
Lake Calavera Golf Course, the City has agreed to give the Owner permission to
grade within the proposed golf course property as shown on the grading plan,
Drawing 304-7.
1 Rev. 10/02/91
0 0
NOW, THEREFORE, in consideration of these recitals and the mutual
covenants contained herein, City and Owner agree as follows:
1. Owner agrees to provide a street and utility easement for access to the
Lake Calavera Golf Course. Alignments shall generally be as indicated on Exhibit
A on file with the City Engineering Department and Owner. Easements shall be free
and clear of encumbrances and shall be provided free of charge.
2. If City constructs street and utility improvements before Owner, Owner
agrees to reimburse City for construction costs which would otherwise have incurred
to Owner as shown on the improvement plans for Carlsbad Tract Number 85-19.
3. If City requires Owner to construct street and utility improvements for
oversizing the road to accommodate access to the Lake Calavera Golf Course, then
the City shall reimburse Owner for the oversizing portion of the road.
4. Costs for improvements shall be determined based upon actual unit bid
prices plus ten percent (10%) to allow for construction administrative costs.
Reimbursements to City or Owner shall be contingent upon receipt of certified
copies of payments for work performed and in accordance with unit bid prices as
approved by the City Engineer. Reimbursements shall be due within thirty (30)
days of acceptance of the improvements by the City Engineer.
5. Improvements considered as "oversizing portions" shall be street
improvements and utilities beyond sizes as indicated on the improvement plans for
Carlsbad Tract Number 85-19.
6. This agreement does not change the duties and obligations of the
Owner under the subdivision agreement or the conditions of approval for Carlsbad
Tract Number 85-19.
2 Rev. 10/02/91
e
i' e 0
B IN WITNESS WHEREOF, the Agreement is accepted by the City of Carlsbad
v acting by and through its City Manager, and by the Owner.
Executed by Owner this 10th day of October , 1991.
OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of California
LYON/COPLEY CARLSBAD ASSOCIATFS, I p, (name of Owner) a' lif rnia Limited Partner
By: -A '1 831, "a\e_\ 18'' -
/' (sP&Uere> ,,
h- GARRY M. TARQUINIO
(print name here)
VICE PRESIDENTy LYON COMMUNITIESy INC.
(title and organization of signatory)
ATTEST:
(gJL.?& 2. A
ALETHA L. RAUTENKRANZ qdu
(Secretary or Assistant Secretary, if
Corporation) City Clerk
ROBIN STROMAN
(Proper notarial acknowledgment of execution by OWNER 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:
VINCENT F. BIONDO, JR.
Q* G3Jptle- + 7 /92* Deputy City Attorney
3 Rev. 9/26/91
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a 8 a I ,1
ACKNOWLEDGEMENT - PR2.3.47
STATE OF CALIFORNIA) SS.
COUNTY OF SAN DIEGO)
ON I, lS9l , BEFORE ME, THE UNDERSIGNED, A NOTAR PUBLfC IN AND FOR SAID STATE, PERSONALLY APPEARED GARRY M TARQUINIO AND ROBIN STROMAN, PERSONALLY KNOWN TO ME TO BE THE VIC
PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYO
COMMUNITIES, INC. , THE CORPORATION THAT EXECUTED THE WITHI
INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION BEIN
PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERAL PARTNER 0
LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING TH
CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO BE THAT SAID CORPORATION EXECUTED THE WITHI
INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED TH
SAME.
WITNESS MY HAND AND OFFICIAL SEAL:
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NOTARY PUBUC - CALIFOWA