HomeMy WebLinkAboutAviara Land Associates/Aviara-9; 1990-06-20;ORIGINAL
DRC : de 06/19/90 CLD20132.AO4
ASSUMPTION AGREEMENT
THIS ASSUMPTION AGREEMENT (the glAgreementll) is entered into as of June 20, 1990 by and among AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership (qlDeveloperll) , AVIARA-9, INC., a California corporation ("Buyerg1), and THE CITY OF CARLSBAD, a municipal corporation of the State of California (gtCityll), with reference to the following facts:
A. On December 8, 1987, the Carlsbad City Council adopted Ordinance No. 9839, approving Master Plan No. MP-177 (the IIMaster Plan") concerning certain real property owned by Developer and proposed for development as a master planned community.
B. On December 8, 1987, the Carlsbad City Council adopted Resolution No. 9322, approving that certain Tentative Subdivision Map No. CT 85-35 (the llMaplt).
C. As expressly provided by the terms of condition no. 94 of the Map, prior to the sale of any Planning Area contained within the Map, the purchaser of any such Planning Area shall enter into an agreement with Developer and City whereby said purchaser assumes and agrees to abide by the terms, provisions and obligations of the Master Plan.
D. This Agreement is executed in order to so evidence Buyer's agreement to abide by the terms and provisions of the Master Plan and Buyer's assumption of the obligations of the Master Plan and any approved amendments thereto with regard to certain real property being purchased by Buyer from Developer.
NOW, THEREFORE, the parties hereto agree as follows:
1. Assumption of Master Plan. For valuable consideration, the receipt of which is hereby acknowledged, Buyer hereby assumes the obligations of and agrees to abide by the terms and provisions of the Master Plan and any approved amendments thereto, specifically including without limitation those provisions of the Master Plan affecting that certain real property (the tvPropertyll) known as Planning Area 9 and identified in the map attached hereto as Exhibit rrAvl and incorporated herein by this reference.
2. Indemnification of Developer. Buyer hereby agrees to indemnify, defend and hold Developer harmless from
DRC : de 06/19/90 CLD20132.AO4
and against any failure by Buyer to observe and abide by the
terms, provisions and obligations of the Master Plan and any approved amendments thereto in connection with Buyer's use
and development of the Property.
3. Necessary Acts. Each party to this Agreement
agrees to perform any further acts and execute and deliver
any further documents that may be reasonably necessary to
carry out the provisions of this Agreement.
executed this Agreement as of the date first set forth above.
IN WITNESS WHEREOF, the parties hereto have
I'Deve loper''
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership
By:
Delpware coqporation, general
Buyer
AVIARA-9, INC. ,
a Californ
B
11 C it y
CITY OF CARLSBAD, a Municipal Corporation of the State of
.
CITY OF CARLSBAD
VINCENT F. BIONDO, JR.
RONALD R. BALL
CITY ATTORNEY
ASSISTANT CITY ATTORNEY
1200 CARLSBAD VILLAGE DRIVE - CARLSBAD, CALIFORNIA 92008-1989
(619) 434-2891
August 9, 1990
Paul J. Klukas Director of Community Planning
Aviara
2011 Palomar Airport Road, Suite 206 Carlsbad, California 92009
RE: UNITY OF CONTROL ASSUMPTION AGREEMENT FOR PLANNING AREA 9
Dear Mr. Klukas:
I am returning four executed originals of the above referenced
agreement. I have kept one original for our files.
Should you have any questions regarding the above, please do not hesitate to contact me.
Sincerely, && LRANDEE =LIB Secretary to the City Attorney
mw
enclosures
c: City. Clerk (with .originaq