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HomeMy WebLinkAboutAviara Land Associates/Lyon Communities; 1989-08-10;t- . . ..... _,. - LMK:pjb 08,-'7/89 RE20628.0044.0.0 c ORIGINAL ASSUMPTION AGREEMENT THIS ASSUMPTION AGREEMENT (the "Agreement") is entered into as of August 10, 1989 by and among AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partner- ship ( ffDeveloper") , LYON COMMUNITIES INC. , a California corporation ("Buyer"), and THE CITY OF CARLSBAD, a municipal corporation of the State of California ("City"), with reference to the following facts: A. On December 8, 1987, the Carlsbad City Council adopted Ordinance No. 9839, approving Master Plan property owned by Developer and proposed for development as a master planned community. YO. MP-I~? (ths If Master Plan") concerning certain real B. On December 8, 1987, the Carlsbad City Council adopted Resolution No. 9322, approving that certain Tentative Subdivision Map no. CT 85-35 (the "Map"). 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 "Property") known as Planning Area 7 and identified in the map attached hereto as Exhibit "A" and incorporated herein by this reference. -- LMK : hb 0: 1/89 RE20628.0045.0.0 2. Indemnification of Developer. Buyer hereby agrees to indemnify, defend and hold Developer harmless from 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. F 2 I - - LMK : hb 0; 1/89 RE20628.0046.0.0 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. " D eve 1 ope r 'I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware corporation, general partner I y r. 'I Buyer " LYON COMMUNITIES INC., CITY OF CARLSBAD, a Municipal Corporation of the State of City Attorney 2. v. 3 February 14, 1990 City Clerk City Attorney AVIARA - ASSUMPTION AGREEMENTS Attached to this memorandum are the original assumptions agreements with Aviara and others for Planning Areas 3, 4, 8, 14 and 16 and a copy of the assumption agreement for area 7. I have asked Mr. Clemens to provide an executed original ofthe Assumption Agreement for Planning Area 7 and will spd it to you upon receipt. R+NALD R. BALL Assistant City Attorney rmh attachments