HomeMy WebLinkAbout1982-04-06; City Council; 3140-8; REVISED LA COSTA PARKS AGREEMENT* 1
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CITI@F CARLSBAD - AGEND~ILL
DEPT. H AB# 3140-#8 TITLE
MTG, 4-06-82 R,EVISED LA COSTA PARKS AGREEMENT CITY A1
DEPT. CA CITY M(
RECOMMENDED ACTION:
Adopt Resolution No. (c83 0 authorizing the mayor to
execute the revised La Costa Parks Agreement.
ITEM EXPLAYATION:
At its March 2, 1982 meeting, Council directed staff to prepare documents approving the La Costa Parks Agreement.
Those documents are attached.
All necessary corrections to the agreement have been made.
Regarding the library site, Daon will dedicate two acres
for the library. The additional .5 acres "exchange" for
Rancheros land will be used by the city for the library.
The total area of the La Costa Norte Park will be 23.5
acres.
EXHIBITS:
Resolution No. k 836 . Revised La Costa Parks Agreement.
! e (IC
WON CORPORATION '1241 ELM AVENUE CARLSBA3 CAL FORWIA 92008 TELEPHCNE (7 4) 434-4578
Our file Number
March 18, 1982
Daniel Hentschke
Assistant City Attorney
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, Ca. 92008
Dear Ban :
Returned herewith are four (4) copies of the 1982 Parks Agreement which have been signed and initialled at your request.
I believe this matter is now completely in order for action by the City, required on my part.
Sincerely ,
D A 0 N CORPORATION
Please let me know if there is any additional action
@G*ff ro ject Manager
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RESOLUTION NO. 6830
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE 1982 PARKS AGREEMENT BETldEEN THE CITY
OF CARLSBAD AND THE DAON CORPORATION TO
PROVIDE FOR THE ORDERLY DEDICATION ARD
DEVELOPMENT OF PARKS FOR THE LA COSTA AREA
AND AUTHORIZING THE MAYOR TO
AGREEMENT.
EXECUTE SAID
The City Council of the City of Carlsbad, Californj
does hereby resolve as follows:
1. That certain agreement between the City of Carl:
and the Daon Corporation establishing a program for the ordel
dedication of parks in the La Costa area, a copy of which is
attached hereto marked "Exhibit A" and made a part hereof is
approved.
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2. That the mayor of the City of Carlsbad is hereb
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad,
PASSED, APPROVED AND ADOPTED at a regular meeting o
the City Council of the City of Carlsbad, California, held o
6th day of April, 1982 p by the following vote, to
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1 wit:
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23
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25
26
27
28
I NOES: None
ABSENT: None kzd/cgAA/
RONALD C. PARKARD, Mayor
ATTEST :
ALETHA L. KAUTENKRANZ, CltyJlerk &2&#.+!. 2!&&,.LZ&
(SEAL)
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1
1982 PARKS AGREEMENT
THIS 1982 PARKS AGREEMENT ("Agreement") is made this
f&day of /9fi?bL , 1982, between the CITY OF
CARLSBAD, a municipal corporation of the State of California
("City") and - DAON .. CORPORATION, a Delaware corporation quali-
fied to do business in California ("Daon"), successor-in-
interest to La Costa Land Company, agree as follows:
Recitals
A. On September 5, 1972, City duly adopted, as Ordi-
nance No. 9322, a master plan ("1972 Master Plan") for ap-
proximately 2,900 acres commonly known as the La Costa com-
munity. The 1972 Master Plan, among bther things, desig-
nated sites f.or neighborhood parks within the La Costa com-
munity and required that'City and La Costa Land Company
enter into an agreement for the dedication of the parks in
connection with the development of the La Costa community.
The 31972 Master Plan also required the dedication by La
Costa Land Company to City an area of property known as San
Marcos Canyon in the La Costa community.
3, AS part of an ongoing planning process, City re-
viewed the 1972 Master Plan and determined that it was de-
sirable to replace some or all of the neighborhood parks
with one or more community parks. By the agreement dated
October 15, 1973 ("1973 Parks Agreement"), City and La Cost<
Land Company agreed to preserve City's right to require
dedication of the neighborhood parks designated by the 1972
Master Plan until approval of an amendment to the 1972 Mast4
Plan and mutual agreement on a final parks agreement, The
1973 Parks Agreement also established a procedure for accom
plishing the orderly dedication of San Marcos Canyon.
C. By written supplements to the 1973 Parks Agreemen
dated October 15, 1973, and July 18, 1974, respectively,
1 0 0. a,
City and La Costa Land Company described the boundaries of
San Marcos Canyon and revised the procedures for dedicating
San Marcos Canyon. In addition, on severai occasions there-
after, City and La Costa Land Company further supplemented
the 1973 Parks Agreement to extend its term.
I>, In accordance with Chapter 20.44 of the Carlsbad
Municipal Code and the 1973 Parks Agreement, and in satis-
faction of its obligations thereunder, La Costa Land Company
(1) deposited fees in lieu of dedication of land as a condi-
tion of recordation of the fina31 subdivision maps for the
subdivisions known as Spanish Village Unit No. 1, Santa Fe
Glens, Green Valley Knolls and La Costa Estates North; and
(2) dedicated park land in La Costa Vale Unit No. 2 as a
condition of recordation of the final subdivision maps for
the subdivisions known as La Costa Vale Units No. 2 and
No. 3. In accordance with the 1972 Plaster Plan and the 1972
Parks Agreement, La Costa Land Company also dediicated por-
tions of San Marcos Canyon.
E. After the adoption of the 1972 Master Plan, La
Costa Land Company acquired additional property to expand
the La Costa community, On November 2, 1976, City duly
adopted, as Ordinance No. 9469, a revised master plan ("197f
Master Plan"), which amended the 1372 Naster Plan. The 197(
Naster Plan included a part of the additional property, and
contained a master plan of development of four (4) areas of
the La Costa community commonly known as Santa Fe Knolls,
Rancheros de La Costa, La Costa Vale Unit No. 2 anu Green
Valley Knolls. The 1976 Master Plan prohibited further
development of the balance of the expanded La Costa cornmu-
nity until such$time as City approved a master plan for the
entire La Costa community. -
F. The 1976 Master Pian: (1) eliminated some parks
shown on the 1972 Master Plan; (2) provided for some new
parks in the areas added to the La Costa community since th
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adoption of the 1972 Master Plan; (3) identified the size
and general location of the parks to serve the then and
subsequent residents of the La Costa community; and, (4) pro-
vided that, as a condition or' approval of any subdivision
map for that portion of the La Costa community then zoned P-C
City and La Costa Land Company enter into an agreement imple-
menting the park requirements of the.1976 Master Plan and
providing for dedication of the portions of San Marcos Canyo,
which had not been dedicated previously under the 1973 Parks
Agreement .
G. By the agreement dated January 3, 1978 ("1978
Parks Agreement"), City an6 La Costa Land Company provided
for the implementation of the park requirements of the 1976
Mzster Plan and the dedicetion of the portions of San Marcoc
Canyon, which haa not been dedicated previously under the
1973 Parks Agreement.
H. On December 16, 1980, City duly adopted La Costa
Master Plan (MP-149 (E) ) ("1980 Master Plan"), which consti-
tutes an amendment to and expansion or' the 1976 Master Plan
and covers approximately 5,287 acres, consisting of both
developed lands and undeveloped lands. City, in connection
with the review of the 1980 Master Plan, consolidated cer-
tain park sites described on the 1976 Master Plan as the
Sarita Fe Glens park site (approximately 5 acres), the Alga
Hills park site (approximately 5 acres) and the La Costa
North Park site (approximately 6 acres) into a community
park of approximately 21 acres to be known as.La Costa Nor(
Community Park, and sometimes referred to as the Alga Nort
Community Pa~k.~ The 1980 Master Plan retains the designa-
tion as park for the Canyon Park site (approximately 9 acr
the Fuerte Park site (approximately 3.6 acres), the San-
Marcos Creek Park site (approximately 15 acres), and the
Stagecoach Park site (approximately 28 acres):
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I. The.-1980 Master Plan requires that City and La
Costa Land Company (now Daon) enter into a new park agree-
ment providing for park land in accordance with the 1980
Master Plan and further requires that the agreement be
. prepared and submitted to the City Council for approval
before the recordation of a final subdivision map for any
development in the Master Plan area.
the City Council took action to initiate the deletior; of the
San Marcos Creek Park, consisting of approximately fifteen
(15) acres, from the City General Plan and the 1980 Master
Plan. In addition, the City Council directed that San Marco
Creek Park not be included in the new park agreement.
J. On October 6, 1981, at a regularly held. meeting,
K. As part of the ongoing planning process, City and
Daon now wish to substitute and replace the 1978 Parks
Agreement with this 1982 Parks Agreement and intend that
this agreement shall: (1) satisfy the 1980 Master Plan
requirement for a parks agreement; (2) allow for an acceler-
ated dedication of the La Costa North Community Park;
(3) contiRue the dedication of the Stagecoach Park; (4) dele
the San Marcos Creek Park site; and (5) provide for the
dehication of the portions of San Marcos Canyon which have
not been dedicated previously.
L. The park dedications required under this agreement
will satisfy in part the requirements of Chapter 20.44 of
the Carlsbad MunicipaJ Code as they would apply to subdivi-
sions within the 1980 Master Plan area. Chapter 20.44
requires the dedication of land and/or the payment of fees
in lieu thereof for park and recreational purposes as a
condition of approval of the subdivision of land. Sec-
tion 20.44.110 provides an alternate procedure for satisfac.
tion of such obligations for planned communities. The
alternate procedure provides for the identification of park
land on a master plan and the dedication of park land as
part of the overall community planning process, rather than
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as a part of <he development of any particular subdivision.
City and Daon recognize that the development of the La Costa
corrtmunity will take place over a number of years and intend
to arrange for the dedication of certain park land in advance
. of actual need in order to ensure that the La Costa community
will receive the benefits of a coordinated park program and
that the parks will be dedicated by Daon and developed by
City in an orderly manner concurrent with need and in coordi-
nation with the planning of development of the La Costa
community instead of in connection with individual subdivi-
sions. The 1980 Master Plan invokes the alternate procedure
and City and Baon intend to implement this alternate pro-
cedure in this 1982 Parks Agreement. In order to accomplish
these purposesl Daon will dedicate certain lands in advance
of the requirements of any individual subdivision, The
amount of land so dedicated will be maintained on account by
the City to be drawn upon in satisfaction of the park obli-
gations of subsequent subdivisions.
NCW, THEREFORE, incorporating the recitals .of fact set
forth above and in consideration of the mutual covenants
herein contained, the parties agree as follows:
Agreements
1. San Marcos Canyon. Daon, in accordance with the
provisions and conditions of this numbered paragraph, shall
dedicate those portions of San Marcos Canyon not previously
dedicated to the City. The boundaries of said canyon were
established pursuant to the 3rd Supplement to Interim Parks
Agreement dated October 15, 1973. Said boundaries were
reaffirmed by the City and Daon's predecessor in interest i
the agreement dated January 3, 1978, and approved by the
City Council by Resolution No. 5286. The City and Daon
reaffirm said boundaries. Said boundaries are shown on the
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map marked Exkibit A, attached hereto and made a part hereof
by this.reference. Exhibit A is based on the Exhibit A
which was a part of the January 3, 1978, agreement which was
approved by City Council Resolution No. 5286. The City and
. Daon agree that Exhibit A to this agreement satisfactorily
depicts those areas of San Marcos Canyon previously dedicate(
and those areas yet to be dedicated. As a condition of
approval of any final map for a subdivision of any property
located adjacent to San Marcos Canyon as shown on Exhi'bit A,
Daon shall provide to City a certification by a licensed
civil engineer of the acreage between the property to be
subdivided and the midpoint of the bottom of the canyon, and
deed or dedicate such property to the City reserving such
slope rights and other easements reasonably acceptable to
City on the boundari@s thereof as are necessary to develop
the property to be subdivided. Parcels F, C and K, as showr
on Exhibit A, shall be dedicated as a condition of the final
map for the property adjacent to the northerly boundary of
the Canyon. In addition, those portions of lots 14 and 15,
south of the SDG&E easement as shown on the Tentative Map
for Carlsbad Tract 79-25, as approved by City Council
Resolution No. 6245, shall be deeded or dedicated to the
City at the same time as that portion of the San Marcos
Canyon which abuts such parcel is deeded or dedicated.
Further, City agrees that the portion of lot 25 south of tht
SDG&E easement as shoyn on the Tentative Map for Carlsbad
Tract 79-25 shall not be dedicated or deeded to the City as
specified in Resolution No. 6245. In exchange for City's
removal of said restriction on lot 25, Daon agrees to dedi-
cate an additional one-half (.5) acre of land as part of La
Costa North Community Park at the time of the first dedica-
tion of any land pursuant to paragraph 3 of this agreement.
Daon shall receive no credit for park land dedication based
upon dedication of San Marcos Canyon or any other property
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under this numbered paragraph.
2. stagecoach Park. City acknowledges that Daon, in
accordance with the 1978 Parks Agreement, has dedicated 12.5
acres of park land as part of Stagecoach Park as shown on
Exhibit "B." As a condition of approval of any final sub-
division map for a specific residential subdivision of any
property owned by Daon located within the boundaries marked
"Area 1" on Exhibit "C," Daon shall deed or dedicate to
City, additional property within Stagecoach Park, as des-
cribed in the 1980 Master Plan, equal to twice the acreage
required for any such subdivision as computed according to
the provisions of Chapter 20.44 of the Carlsbad Municipal
Code until the full park site of approximately 28 acres is
so dedicated. Exhibits "B" and "C" are attached hereto and
made a part herein by this reference.
3, La Costa North Community Park (Alga Norte Cornmunit
Park),
map for a specific residential subdivision of any property
owned by Daon located within the boundaries marked "Area 2"
on Exhibit "C," Daon shall dedicate 14.7 acres of land with-
in that area known as La Costa North Community Park (Alga
Norte Community Park), as described on Exhibit '*D," and
shall thereafter dedicate as a condition of approval of any
subsequent final subdivision.map for a specific residential
subdivision of property owned by Daon located within the
boundaries of Area 2, acreage equal to twice that required
for any such subdivision as computed according to the pro-
visions of Chapter 20.44 of the Carlsbad Munic-ipal Code
until the full park site of approximately 21 acres is so
dedicated. Exhibit I'D" is attached hereto and made a part
herein by this reference.
As a condition of approval of any final subdivision
- 4. Library Site. City and Daon acknowledge the
future need for a library to serve the residents living in
the La Costa communityo
the park land dedication requirements of Chapter 20.44 two
Daon agrees to dedicate as part of
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(2) acres, in addition to the twenty-one (21) acres, as part
of the La Costa North Community Park (Alga Norte Community
Park) park land dedication which may be used for a library
site. Such dedication shall occur at the same time as dedic;
tion of the initial 14.7 acres of park land as provided in
this agreement- In the event City elects to locate the
library to serve the needs of the residents of the La Costa
Community in an area other than the La Costa North Community
Park, Daon's obligation to dedicate the additional two (2)
acres of park land as provided in this numbered paragraph
shall automatically terminate.
5. San Marcos Creek Park. It Is agreed that pursuant
to action taken by the City Council at their regularly held
meeting on October 6, 1981, the approximately 15 acres of
land shown on Exhibit "E" as San Marcos Creek Park shall be
deleted from the 1980 Master Plan, and Daon shall have no
further duty or obligation to dedicate'all or any part of
said approximately 15 acres to City for park purposes. Ex-
hibit ''E" is attached hereto and made a part herein by this
reference.
6* Park Dedication Credits. Chapter 20.44 of the
Carlsbad Municipal Code provides a formula to calculate the
amount of land to be dedicated by a subdivider for park
purposes. The existing standard for computing said formula
is based on 2.5 acres of land for each projected one thou-
sand (1,000) persons residing in the subdivision. This
standard may be adjusted by the City in accordance with
normal procedures for the amendment of the Municipal Code.
Any dedication of park land by Daon, pursuant to the pro-
visions of this agreement, shall first be credited against
the requirement for the subdivision which is the occasion o
such dedication in satisfaction of that subdivision require-
ment under Chapter 20.44 of the Carlsbad Municipal Code as
it exists at the time of final map approval. The amount of
land, if any, in excess of said requirement shall constitut
a credit in favor of Daon to be held on account by City in
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reserve to be drawn upon in satisfaction of the park dedica-
tion obligation of subsequent subdivisions as hereinafter
provided.
Residential subdivisions occurring in Area 1, as shown
. on Exhibit 'IC," shall, as a condition of approval of the
final subdivision map, satisfy the park dedication require-
ments of Chapter 20.44 by providing dedications of land in
Stagecoach Park as provided in paragraph 2 of this agreement
until the full park site of approximately 28 acres is so
dedicated. Residential subdivisions occurring in Area 2, as
shown on Exhibit "C," shall, as a condition of approval of
the final subdivision map, satisfy the park dedication
requirements of Chapter 20.44 by providing dedications of
land in La Costa North Community Park (Alga Norte Community
Park), as provided iii paragraph 3 of this agreement until
the full park site of approximately 21 acres is so dedicated
As of the date of this agreement Daon has remaining
from all dedications previously made an available park land
credit balance of 9.55 acres in Area 1 and no available park
land credit in Area 2.
Once the full park site of approximately 28 acres is
dedicated for Stagecoach Park, Daon, with the approval of
City, may use any accumulated park land credits in Stagecoac
Park in satisfying an equal amount of park dedication re-
quirements, as provided in Chapter 20.44 of the Carlsbad
Municipal Code for otber residential subdivisions subse-
quently approved in Area 1 as shown on Exhibit "C," so long
as such subdivision does not require dedication of a park
site. Once the full park site of approximately 21 acres is
dedicated for La Costa North Community Park (Alga Norte
Community Park), Daon, with the approval of City, may use
any accumulated park land credits in La Costa North Com-
munity Park (Alga Norte Community -Park) in satisfying an
equal amount of park dedication requirements, as provided ir
Chapter 20.44 of the Carlsbad Municipal Code for other resi-
denti a1 subdivisions subsequently approved in Area 2, as
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shown on Exhibit "C," so long as such subdivision does not
require dedication of a park site.
At such time as both the approximately 28 acres have
been dedicated for Stagecoach Park and the approximately 21
acres have been dedicated for La Costa North Community Park
(Alga Norte Community Park), Daon shall have the option of
using any accumulated park land credits in either of the
park land credit reserves in satisfying an equal amount of
the requirements for other residential subdivisions subse-
quently approved in either Area 1 or Area 2, as depicted on
Exhibit '*C," and as provided in Chapter 20.44 of the Carlsbal
Municipal Code. Said park land credits, except as may other
wise be provided in this agreement, shall be on an acre for
acre basis, the parties having agreed\ that each acre in said
La Costa community is equal in value €or such purposes.
If the City Council-determines that dedication of pub-
lic park land in addition to the sites identified on the
1980 Master Plan is necessary, the City Council may, in
accordance with Chapter 20.44 of the Carlsbad Municipal
Code, require such dedication Orr in lieu thereof, park fee:
to be paid. If sufficient credit exists in favor of Daon tc
satisfy the obligation of said subdivision, the City may
elect to satisfy that obligation by an appropriate deductior
from the available credit. In the event there is no, or -
insufficient, credit from prior dedications available to
Daon to satisfy such obligation or in the event City deter-
mines to reserve such credit for future subdivisions as a
condition of the approval of any tentative map and prior to
the. approval of the final map, Daon shall satisfy the
requirements of Chapter 20.44 for that subdivision by makin
the required dedication or paying the required fees in lieu
thereof as the City Council may determine.
7. Park Obligation Statement. Concurrently with the
processing of a final map for a specific residential subdi-
vision within the 9980 Master Plan, City shall prepare and
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make available to Daon a statement regarding the parks ob-
ligation €or that residential subdivision, The statement
for a residential subdivision with no park site requirement
shall indicate: (a) the amount of park land or fees in lieu
thereof required as determined by City pursuant to Chap-
ter 20.44; (b) the amount of credit, if anyI available and
source of that credit, i.e., Stagecoach Park or La Costa
.North Community Park (Alga Norte Community Park); (c) the
amount of credit to be used in satisfaction of the park
dedication requirement for the subdivision; (d) the credit
remaining, if any, for future residential subdivisions; and
(e) the balance of land or fees due, if any. The statement
for a subdivision with a park site shall indicate: (1) the
amount of land required as determined'by City in accordance
with Chapter -20.44; (2) the amount of credit, if anyr al-
ready on account; (3) the amount of park land to be dedi-
cated under this agreement; and (4) the balance due or
credit remaining, as the case may be, on account for subdi-
vision(s2 approved thereafter, Upon request, City shall
furnish a written accounting of the current credit balances
and make that accounting available to Daon.
Costa community does not go forward, or approval(s) for the
development are revoked, or this agreement otherwise is
terminated by City before completion of development as con-
templated by the 1980 Plaster Plan, title to any land dedi-
cated or deeded shall lremain in City; provided, however,
that City shall not use the dedicated property for any pur-
poses other than those permitted in the 1980 Master plan or
any amendmentfs) the City Council through the public hearin
process may make thereto. The remaining balance of any lani
or other credits not utilized in satisfaction of the requir
rnents of this agreement shall remain on account and shall b
available to satisfy the park requirements, which may apply
to any future development of the property within the 1980
8. Lack of Development. If development within the L;
' Master Plan.
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9. Survey-Certificate. Before the approval of any
tentative map for subdivision of any property within which a
park site or incremental part thereof is required to be
dedicated according to this agreement, Daon shall cause the
site to be surveyed, the boundaries staked, and the acreage
of the site certified by a licensed civil engineer or
surveyor.
10. Access. Each park site dedicated under this
a5reement as a condition of acceptance by City shall have
reasonable access to a dedicated street or other access
acceptable to City and shall have reasonable access to sewer
and other necessary public utilities, and otherwise shall
meet City's reasonable criteria for parks, as set forth in
City general plan,
ment, any supplements thereto, the 1978 Parks Agreement, and
any supplements thereto, are hereby superseded by this
agreement and are of no further force and effect. City
shall release by appropriate instrument the deeds, if any,
currently being held in escrow pursuant to the 1973 Farks
Agreement or 1978 Parks Agreement for any park site.
12. Master Plan and General Plan Amendment. At the
next regularly scheduled amendment of the General Plan after
execution of this agreement, City agrees to initiate and
diligently pursue to completion an amendment to the La Costa
Master Plan and City General Plan to make said plans consis-
tent with the provisions of this agreement.
11, Previous Parks Agreements. The 1973 Parks Agree-
13. Locations. The parties acknowledge that the maps
accompanying the 1980 Master Plan and the exhibits to this
agreement show 6he park sites only as general locations and
approximate sizes, and the precise locations and sizes shall
be more precisely determined at the time of approval of the
final subdivision map(s) for specific residential subdivi-
sion(s) requiring park land dedication(s). Within the
limits of the ten (10) percent variation factor set forth ir
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the X980 Master Plan, the City reserves the right to fix the
final location, size and boundaries of the park sites with-
out amendment to this agreement. .
3.4. Nature of 1980 Master PlaRe City and Daon acknow-
ledge that the 1980 Master Plan is part of the City's dy-
namic, changing land use planning processF and the park
sites shown on the 1980 Master Plan reflect the current best
judgment of an appropriate parks program for the La Costa
connnunity as it is planned at this time. It is further
acknowledged by the parties that in the course of the subdi-
vision and development of the La Costa community, and as
part of City's ongoing planning process, City-may desire to
change the location, number or size of parks in accordance
with normal procedures for amending master plans and, if
necessary, city's General Plan.
changes She location, number or size'of any parks described
in this agreementp City and Daon shall supplement this
agreement to effect such changes and provide for the orderly
dedication of the park sites. Neither party shall unreason-
ably withhold its consent to a h ,,qcc ary supplement.
the benefit of the parties, their respective assigns and
SUCC~SSO~S, and the successive owners of the property. In
the event Daon sells portions of the property subject to the
1980 Master Plan and this agreement to other parties who
became the subdividers thereof, the credits available pur-
suant to this agreement may be made available to satisfy the
obligations of Chapter 20.44 of said subdividers upon re-
ceipt of written authorization by City from Daon indicating
the'amount of such credit to be made available.
In the event City so
Successors and Assigns ,<' K&9p 45 P Ial;t~-es;\,en+. This agr shall bind and inure to
3.6, Attorneys' Fees. In the event of any dispute
between the parties relating to the terms of subject matter
of this agreement, the parties agree that the prevailing
party shall be entitled to reasonable attgrtcgs.' fzes, to-
gether with all other costs and da a,/jpga@less of .
whether said dispute is Tletrgaked osecuted to judgment.
as e e mine by the co
settled /&; &Y
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17. Amendments. No change in or addition to this
agreement or any part hereof shall be valid unless in
writing and signed by a11 parties hereto.
held by a court or arbitrator of competent jurisdiction to
be invalid, void and unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and
shall in no way be -affectedp impaired or invalidated.
19. Entire Agreement, This agreement constitutes the
enti’re understanding between the- parties with respect to the
subject matter hereof, superseding all.negotiations, prior
discussions, preliminary agreements or understandings writ-
ten or oral.
this agreement on the day and year. first above,written.
18. Severability. If any portion of this agreement is
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IN WITNESS WHEFSOF, the parties hereto have executed
CITY OF CARLSBAD a Munici.pa1 Cocporation of the
State of California ATTEST :
BY A&L&dheEAJ
/Ronald C. Pacltard, Mayor
TO 1945 CA (8.741
(Corporation)
STATE OF CALIFORNIA ATICOR COMPANY
’.? COU hTY OF Or an ge
-,--...-before me, the undersigned, a Notary Public in and for said ’6 OL _-_-___ March 8 _L 1982
State, personally appeared_-.Michae 1.XL~n_.7-. V P Land known to me to be the ... ..-- :-. .: _.__._ ..__ .. Sr V P Land D: kcown to me to be _.__ -5.: __._.__ Secretary F of the corporation that executed the within Instrumeni, : known to me to be the persons who esccuted the within
$ Instrument on behalf of the corporation therein named, and L acknowledged to me that such corporation executcd the
wirhin instrument pursuant to its by-laws or a resolution of
its bo:ird of directors.
W’ITNFSS my hand and official seal.
W.A. -€Enon $&&&P& and __-_._____ ~__
it -
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’ Siwitud’ ‘311 ....-.. .___ & I--. A: w ____.____ >L A ____...___.. . LIm743 ..___.___,__.
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. NOTAW< (.IIFiLlC - CAClFBRPJlA
xairts OGT 31, 1985
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