HomeMy WebLinkAbout1976-04-06; City Council; Resolution 3872RESOLUTION NO. 3872
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING A
FOURTH SUPPLEMENT TO IRTERIM 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, doe:
hereby resolve as follows:
1. That that certain Fourth Supplement to Interim 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 Carl-sbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
6th day of Apri 7 , 1976, by the following vote,
to wit:
AYES: Councilmen Frazee, Lewis, Skotnicki and
NOES: None Councilwoman Casler
ABSENT: Councilman Packard
ATTEST : />
AMs, F 422- City Clerk
(SEAL)
FOURTH SUPPLEMENT TO INTERIM PARKS AGREEMENT
DATED OCTOBER 15, 1973 BETWEEN
THE CITY OF CARLSBAD AND LA COSTA LAND COMPANY
This Fourth Supplement to Interim Parks Agreement made this
6th day of April , 1976, by and between THE CITY OF CARLSBAD,
a municipal corporation under the laws of the State of California
(hereinafter called "City") and LA COSTA LAND COMPANY, an Illinois
corporation (hereinafter called "La Costal') ;
WITNESSETH:
WHEREAS, La Costa and City entered into an interim parks
agreement dated October 15, 1973, to provide for the scheduling of the
dedication of the Master Plan Parks in connection with the La Costa
Master Plan development and to clarify the procedure €or accomplishing
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 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
WHEREAS, La Costa and City entered into that certain Third
Supplement to Interim Parks Agreement dated October -15, 1973 Between
The City of Carlsbad and La Costa Land Company, dated August 5, 1975,
wherein the time for recordation of dedication deeds was again extended
for a period of six months: and c I
'WHEREAS, La Costa has prepared and submitted to City a draft
of a revised arld amended Master Development Plan required by
Ordinance No. 9322 and a draft of a definitive parks agreement as
contemplated by the interim parks agreement; and
WHEREAS, it is contemplated that time for review and adoption
of such Master Development Plan and Parks Agreement may exceed
several months; and
WHEREAS, City is agreeable to accomniodate La Costa and'at
the same time retain all rights to the parks reflected on the Master
Plan in the agreement aforementioned;
NOW, THEREFORE, in c,onsideration of the mutual promises and
obligations contained in said agreement and herein, it is agreed as
follows :
1. Section 3 of the 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 before one year after execution of
-. -
this Fourth 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
2.
c
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 day
and year first hereinabove written.
CITY OF CARLSBAD
BY .
ATTEST :
flAi DAMS(, City Clerk
LA COSTA LAND COMPANY
BY FRED J. MOREY
APPROVED AS TO FORM: APPROVED AS TO FORM:
JOBN V. STANLEY
Legal Counsel
3.