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Home My WebLink About1976-04-06; City Council; 3140-4; Fourth Supplement Interim Parks Agreement La CostaI t i <,- (I 0 CITY OF CARISBAD c) *- - Initial : AGENDA BILL NO, 3140 Supplement 30. f- Dep-k.Hd. - DATE : April 6, 1976 C. Atty.kF& DEPARTMENT: City Attorney C. Mgr. Subject: -- FOURTK SUPPLEXIE?TT TO XfJTERI?I PAFIKS AGREEMEMT FOIi LA COSTA Statement of the Matter The Third Supplement to the Interim Parks Agreement between the City of Carlsbad and La Costa dated August 5, 1975 extende the Interim Agreement for'a period of six months. La Costa ha now prepared and submitted to the City a draft of a parks agre hnent as contemplated by the interim parks agreement. Review a adoption of the Master Plan and Agreement will take several ma months; therefore, La Costa has requested that an extension be granted. The City Manager concurs'in the request. The Fourth Supplement attached hereto will extend the Interim A-greement -For an additional one year. . Exhibit Resolution ~o. SgT +i/ . Fourth Supplement to Intenrim Parks Agreement. Recommendation If Council concurs, adopt Resolution ?lo. Tg7s agreement and authorizing its execution. approving tP Council action 4-6-76 Resolution #3872 was adopted, approving the agreement and authorizing its execution. \ 3. 2 3 4 5 6 7 8 9 10 11 12 13 0 14 3 g 15 i 'm I. 0 0 RESOLUTION NO. 3872 e A RESOLUTION OF THE CITY COUPJCIL OF THE CITY OF CARLSBAD,.CALIFORNIA APPROVING A FOURTH SUPPLEMENT TO IFTERIM PARKS AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND LA COSTA LAND COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREXMENT. The City Council of the City of Carlsbad, Californi; hereby resolve as follows: 1. That that certain Fourth Supplement to Interim E Agreement, between the City of Carlsbad and La Costa Land Cc a copy of which is attached hereto as Exhibit A and incorpor herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is herebl authorized and directed to execute said agreement for and or behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of as 8 :uw3 ou "OS$ 16 0 -1 17 u. 56 +> wv 18 zs8d gats 50 v) + -I s 19 20 21 22 23 24 25 26 27 28 z f22:g 0 E is City Council of the City of Carlsbad, California, held on tF 6th day of Apri 1 , 1976, by the following ~i to wit: AYES: Councilmen Frazee, Lewis,--Skotnicki and NOES: None ABSENT: Councilman Packard Councilwoman Casler ATTEST : (SEAL) .+ e 0. FOURTH SUPPLEMENT TO INTERIM PARKS AGREEMENT DATED OCTOBER 15, 1973 BETWEEN THE CITY OF CARLSDAD AND LA COSTA LAND COMPANY This Fourth Supplement to Interifi Parks Agreement made th 6th day of April , 1976, by and between THE CITY OF CAKLSBAD, a municipal corporation under the laws of the State of Californi (hereinafter called "City") and LA COSTA LAPID COMPKKY, an Illino corporation (hereinafter called "La Costa") ; WITNESSETH : WHEREAS, La Costa and City entered into an interim parks agreement dated October 15, 1973, to provide for the scheduling dedication of the Master Plan Parks in connection with the La Co Master Plan development and to clarify the procedure €or accompl the dedication of*San Marcos Canyon in accord with Ordinance No. and .- .WHEREAS, La Costa and City entered into that certain Firs Supplement to Interim Parks Agreement dated October 15, 1973 Be The City of Carlsbad and La Costa Land Company, dated JXy 18, 1 wherein La Costa and City modified the schedule for the accompli of the dedication of portions of San Marcos Canyon; and WHEREAS, La Costa and City entered into that certain Seco . Supplement to Interim Parks Agreement dated October 15, 1973 Bet The City of Carlsbad and La Costa Land Company, dated February 4 1975, wherein the time for recordation of dedication deeds was extended for a period of six months; and 4 c ... .a. .. 0 e.. ... rb WHEREAS, La Costa and City entered .into that.certain Thir Supplement to In,terim Parks Agreement dated October ~15, 1973 Bet The City of Carlsbad and La Costa Land Company, dated August 5, wherein the time for recordation of dedTcation deeds was again e for a period of six months; and .. .. "WHEREAS, La Costa has-prepared and submitted to City a dr of ,. a revised and amended Master Development Plan required by Ordinance No. 9322 and a draft of a definitive parks agreement a contemplated by the interim parks agreement; and WHEREAS, it is contemplated that time for review and adop .' .' o€ such Master Development Plan and Parks Agreement may exceed several months; aEd WHEREAS, City is agreeable to accomniodate La Costa and'at the same tim.e retain all rights to the parks reflected on the Ma Plan in the agreement afQrementioned; NOW, THEREFORE, in qonsideration of the mutual promises a obligations contained in..said agreement and herein, it is agreed follows: 1. Section 3 of the Agreement dated October 15, 1973, to the contrary notwithstanding, any dedicatj-on deeds heretofore or hereafter deposited into cscrow pursuant to the provisions of sa Section 3, shall not be recorded before one year after execution this Fourth Supplement to Agreement, or adoption of said Master Developmgnt Plan, whichever shall sooner occur. -_ 2. Except as expressly modified and amended herein, the .: parties hereby affirm each and every promise and obligation cont, 2. I .b c-t 0 0 in said Agreement dated October 15, 1973. IN WITNESS WHEREOF, the parties hereto have caused this Fourth Supplement to Interim Parks Agreement to be executed the and year first hereinabove written. CITY OF CARLSBAD BY . ATTEST : %qL4fld k: U44flU ET E. ADA~YS~ city Clerk LA COSTA LAND COMPANY MAiGT' BY FRED J. MOREY APPROVED AS TO FORM: APPROVED AS TO FORM; JOHN V. STANLEY Legal Counsel @ /)/a ./ /yq?V -. / City Attorney xoRDO f *'J v\ VIWENT K B 3. e