HomeMy WebLinkAbout1975-08-05; City Council; Resolution 3711RESOLUTION NO. 3711
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A
THIRD SUPPLEMENT TO INTERIM PARKS AGREE-
MENT BETWEEN THE CITY OF CARLSBAD AND
LA COSTA LAND COMPANY, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain Third Supplement to Inter&m Parks
Agreement, between the City of Carlsbad and La Costa Land Company,
a copy of which is attached hereto as Exhibit A and incorporated
herein by reference, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
5th day of August , 1975, by the following vote, to
wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES: None
ABSENT: None
Councilwoman Casler
ATTEST :
'arnia (here1
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WFTEEEAS, La Cosia arid City entered lilt0 ail ~nterim parks
agreement dated October i5, 1973, to provide for the scheduling of th.r
dedication of the -Master Plan Parks in connection wifn the La Costa
Master Plan development and to clarify the procedure for accomplishir?g
the dedication of San Marcos Canyon in accord with Ordinance No, 9322; and
WHEREAS, La Costa and City entered into that certain First
Supplement to Interim Parks Agreement dated October 15, 1973 Between
The City of Carlsbad and La Costa Land Company, dated July 18, 1974,
wherein La Costa and City modified the schedule for the accomplishment
of the dedication of portions of San Marcos Canyon; and
WHEREAS, La Costa and City entered into that certain
Second Supplement to Interim Parks Agreement Dated October 15, 1973
Between The City of Carlsbad ~ild 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
WIEREAS, La Costa has prepared and sub,rr.itted to City a
draft of a revised and amended Xaster DeveloFment Plxi required by
Ordinance No. 9322 and a draft of a definitive parks agreement as con-
templated bj- the interim parks agreement; and
WIIEREAS, it is contemplated that time for review and adoption
of such Master Development Plan and parks agreement may exceed
several months; and
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JVl-IEKEAS, City is aqreeable to accommodate La Costa and
at the same time retain all rights to the parks reflected on the Master
Plan in the agreemeat aforementioned;
NOW, THEHEFORE, In consideration of the mutual promises
and obligations contained in szid agreement and herein, it is zgreed as
€allows:
1. Section 3 of tlie Agreement dated October 15, 1973,
to the contrary notwithstanding, any dedication deeds heretofore or
hereafter deposited into escrow pursuant to the provisions of said
Section 3, shall not be recorded befare six months after execution of this
Third Supplement to Agreement, or adoption of said Master Development
Plan, whichever shall sooner occur.
2. Except as expressly modified and amended herein, the
parties hereby affirm each and every promise and obligation contained in
said Agreement dated October 15, 1973.
IN WITNESS WHEREOF, the parties hereto have caused this
Third Supplement to Interim Parks Agreement to be executed the day and
year first hereinabove written.
CITY OF CkRLSBAD
City Attorney W
LA COSTA LAND COMPANY
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