HomeMy WebLinkAbout1974-11-19; City Council; 3238; School District Request of expenditureTHE CITY OF CARLSBAD, CALIF' OR NIA
Agenda Sill NO. &S Date: November 19, 1974
Referred To :
Subject: Submitted By:
SCHOOL DISTRICT REQUEST RE EXPENDITURE OF SCHOOL p .
FACILITY FUNDS COLLECTED THROUGH THE CITY'S PUBLIC ^^ Z,' aussey
FACILITY POLICY. Clty Mana9er
Statement of the Matter
At the time of establishment of the City's public facility policy which was
intended in part to help defray the cost of school facilities the City
Council requested from Carlsbad Unified School District a resolution limit-
ing the expenditure of funds collected through the public facilities policy.
Expenditure of these funds was restricted to the leasing and/or purchasing
of school buildings, construction of school buildings, development and im-
provement of district owned school sites, the providing of needed utility
connections, and the payment for all related professional fees and services
required by law as related only to the acquisition of additional school
buildings and site improvements.
By letter dated October 28, 1974, the School District has requested that
these funds also be allowed for the purchase of school buses. The reasons
for this request are set forth in that letter.
Exhibit
Letter from Carlsbad Unified School District to Mayor and City Council
dated October 28, 1974.
Carlsbad Unified School District Resolution No. 5-7374.
Staff Recommendations to the City Manager
See City Manager's recommendation.
AS No. Date: November 19, 1974
City Manager's Recommendation
If the Council concurs with this request, action can be by minute motion,
It might also be appropriate to request the School District to amend
their Resolution 5-7374 to include the purchase of buses and forward a
copy of that amended resolution to the City.
Council'Action
11_19_74 it was agreed that the School District be allowed to expend
funds collected through the public facilities policy to
purchase school buses, and that the School District be request
to amend its resolution #5-7374 to include the purchase of
buses, with a copy of the resolution being forwarded to the
City of Carlsbad.
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CARLSBAD UNIFIED SCHOOL DISTRICT
"AN AFFIRMATIVE ACTION EMPLOYER"
801 PINE AVENUE CARLSBAD, CALIFORNIA 92008
October 28, 1974
Mayor Robert C. Frazee
and Members of the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: Mr. Paul D. Bussey, City Manager
Gentlemen:
Attached are copies of the policy statement of the City of Carlsbad and
two resolutions of the Carlsbad Unified School District's governing
board covering the manner in which the school district works with
residential developers and the city concerning the availability of
school facilities. These documents are presented for your review.
During the summer of 1973 the school district administration held several
meetings with the city manager and other staff members for purposes of
working out proposed details leading up to the above-mentioned actions
taken by both governing bodies. During these discussions the district
administration was informed by the city administrators that it was
believed that the members of the City Council were not in agreement
concerning the school district's proposed use of fees received from
developers being expended for school buses and classroom furniture and
equipment.
As a result of this information, school district administrators deleted
the sections concerning the purchase of school buses and equipment from
the rough draft of the school district's resolution. Consequently, when
the Board of School Trustees adopted Resolution No. 4-7374, no specific
mention was made concerning the contributions received being expended for
school buses or equipment.
There is a statewide trend of declining student enrollments within the
historic areas of cities, resulting in vacant classrooms in the older
schools. Many families have moved to outlying areas, creating the need
for new classrooms to serve the students living in these new developments.
Districts are facing difficulties in passing bond issues and, therefore,
are relying on school buses to transport these students to areas where
vacant classrooms are available. Our district is now experiencing this
trend. Because of additional pupils residing in new homes in the outlying
ADMINISTRATION 729-9291
Mayor Robert C. Frazee
and Members of the City Council -2- October 28, 1974
areas of the school district, it was found necessary to budget for a new
bus for this 1974-75 school year.
At the time this item was being considered by the school board, the
question arose as to whether or not the district could purchase the bus
from developers' contributions. It was explained to the board that there
was an agreement between the city and the school district that school
buses would not be purchased in this manner. This school district was
faced with some of the same problems as that of the city in adopting its
budget. Supply costs had increased considerably along with the payment
for services of employees. Because of this restricted financial condition,
the board upon adoption of the budget, which included the purchase of a
new school bus, requested that the district administration again contact
the city administration and City Council in regard to the matter of
purchasing school buses.
The San Diego County Counsel's office, the district's legal consultant,
has advised the district that fees received from developers may be used
to construct or lease classroom space, purchase equipment for the rooms
and pay for school buses to transport students from residential develop-
ments to locations where classroom spaces are available. Because of this
legal advice and the restricted financial situation of the district, the
district administration in conformity with the request by the school board
is requesting your consideration of the following:
That in light of the above information, the Mayor and the City Council
review this situation to see if favorable consideration can be given to
the members of the school board for the purchase of school buses with fees
received from developers, as well as for the construction or leasing of
school buildings.
The new school bus will be delivered very shortly and your consideration
to this request will be most helpful in assisting the governing board of
the Carlsbad Unified School District to determine which funds will be used
in paying for the bus.
Sincerely youra
R. A. Crawfbrd
District Superintendent
FHL:RAC:aw
Att.
C Resolution No. 5 -7374
CARLSBAD UNIFIED SCHOOL DISTRICT
San Diego County, California
RESOLUTION IN RE ACCOUNTING FOR FUNDS
RECEIVED FROM DEVELOPERS FOR SCHOOL
FACILITIES AND SERVICES
WHEREAS, owners and developers or owners as developers of real property
for residential purposes may enter into agreements with the school
• district to provide financial assistance, or school sites, to help
furnish educational facilities and services for the future residents
of the developments; and
WHEREAS, the governing board of the school district and the individuals
or business organizations that provide such financial assistance
are desirous that the monies contributed be expended for school
facilities and services; and
WHEREAS, it is determined that a proper and auditable system of accounting
should be established to record the receipt and the expenditures of
the monies received for this purpose;
NOW THEREFORE BE IT RESOLVED that the sums of money received by the school
district from owners and/or developers of residential properties be
deposited in the General Fund of the Carlsbad Unified School District
and that the San Diego County Auditor be instructed to record and
report all deposits of this type in a separate subfund, Number 09,
as established for this purpose; and
BE IT FURTHER RESOLVED that expenditures of the monies so deposited shall
be restricted to: The leasing and/or purchasing of school buildings,
construction of school buildings, development and improvement of
district-owned school sites, the providing of needed utility connections
and the payment for all related professional fees and services required
by law as related only to the acquisition of additional school buildings
and site improvements; and
BE IT FURTHER RESOLVED that all receipts and expenditures of the monies
received from owners and/or developers of residential properties be
recorded as separate entries in the district accounting records and
reported to the governing board each month and made available to the
City Council upon request.
PASSED AND ADOPTED by the Governing Board on September 24, 1973, by the
following vote:
AYES: Members O'Neil, Packard, Scherr and Wrisley
NOES: Members - None -
ABSENT: Members Kelly
STATE OF CALIFORNIA ) SS
COUNTY OF SAN DIEGO )
I, HOWARD C. HARMON, Secretary to the Governing Board, do hereby certify
that the foregoing is a full, true and correct copy of a resolution passed
and adopted by the said Board at a regularly called and conducted meeting
held on said date.
Secretary to the Governing Board
CARLSBAD UNIFIED SCHOOL DISTRICT
"AN AFFIRMATIVE ACTION EMPLOYER"
801 PINE AVENUE CARLSBAD, CALIFORNIA 92008
December 10, 1974
Mayor Robert C. Frazee
and Members of the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92Q08
Attention: Mrs. Margaret Adams, City Clerk
Gentlemen:
On November 25, 1974 the governing board of this school district
revised Resolution No. 4-7374 as requested by the City of Carlsbad
to include use of developers fees for the purchase of school buses.
We greatly appreciate the cooperation and courtesy extended us by
the City Council in approving the district's option of using funds
for this purpose if so needed.
A copy of the revised resolution is attached for your reference.
Sincerely yours,
R. A. Crawford
District Superintendent
RAC:aw
Att.
CC: Paul D. Bussey, City Manager
Vincent F. Biondo, Jr., City Attorney
ADMINISTRATION 729-9291
Resolution No. 4-7374
Revised November 25, 1974
RESOLUTION RE IMPACT OF NEW HOUSING
UPON ADEQUACY OF SCHOOL FACILITIES
OF THE DISTRICT
Upon motion of Member Kelly y seconded by Meinber
Scherr } the following findings are made and policy adopted:
1. It is the intent and purpose of this Board in adopting
this resolution that adequate school facilities will be avail-
able to meet the needs of students coming from new residential
units in the district.
2. This Board finds that increased construction of residential
units in the district has and will continue for some time to tax
the present school facilities far beyond acceptable limits and
that the district is not in a financial position to provide the
needed additional facilities concurrent with demand. In order to
resolve this situation on an interim basis, it has become necessary
for this Board to seek assistance from developers prior to
commencement of construction of new residential units using all
appropriate means.
3. The assistance needed by the district is $ 393.00
per new residential unit in the form of cash, a school site, or
any combination of the two. Such assistance will permit the
district to lease' or purchase portable classrooms for housing
said pupils, to purchase school buses for transporting students
to available facilities, or to take other appropriate steps to
provide adequate facilities for such pupils as needed.
4. NOW, THEREFORE, this Board declares that it is the policy
of this district to confer with developers concerning the
anticipated needs of new residents in such developments in a
mutual effort to provide such residents with adequate school
facilities concurrent with the needs of the new residents.
5. IT IS RESOLVED AND ORDERED that the superintendent of
this district is authorized to enter into agreements on behalf
of this Board, and subject to ratification by this Board with
developers and other owners of land on the terms and conditions
set forth in the attached specimen copies, entitled, "Secured
Agreement between Owner as Developer and Carlsbad Unified School
District" and "Secured Agreement between Owner, Developer, and
Carlsbad Unified School District" respectively.
PASSED AND ADOPTED by the Board of Trustees of the Carlsbad Unified School
District of San Diego, California, this 25th day of November , 1974.
MEMBERS QP^THE &OARITOF TRUSTEES
- 2 -
SECURED AGHEE;-:E?;T BETWEEN • .OWfJER AS DEVELOPER AND CARLSBAD UNIFIED
'r.TvT nT cnrsT P"b 'ilwOij i-<j.4_) J. J v-l-Ox
THIS SECURED AGREEMENT is entered into this day
of , 197 , by and between I/
iKame of Developerj
a
Lcorporation, partnership, etc.]
•
hereinafter referred to as "Developer", whose .address is
; »
[street] " •' .
»
{.city, state, zip code] . ~ . .
^, .
•
" : • . and ' .
CAKLSBAD UNIFIED SCHOOL DISTRICT of San Diego ' ••
County, Caiii'crnici, hereinafter referred to as
^ "District", V/hCGC address is 801 Pine Avenue.
*"* _Carlsbad, 'California 92008 •
• *
WITNESS ETH:
A. WHEREAS, Developer is the owner of the real property
described on EXHIDIT "A" attached hereto and by this reference
incorporated herein by reference, and hereafter referred to as
"Property" 2/j and : . ~'~~
B. WHEREAS, the Property lies within the boundaries of
Districti and . -
C. WHEREAS, Developer proposes to construct 3/
on said Property, v.'hich development carries the proposed
name of _ : and is
hereafter referred to as "Development1'; and
D. WHEREAS, Developer .
[filed on the day of ,
_ with the County of.San Diego and/or
197 J [intends to file]
the City-of Carlsbad a request for
E. WHEREAS, Developer and District recognize that school
facilities and services will not be available to accommodate
children who may subsequently move into the proposed development;
* f
and
l: F. WHEREAS, Developer has requested of the District
assurances that school facilities and services will be available
•
to meet the needs of the future residents of the development
as it lr. presently proposed and the Developer is aware that the
District cannot, and will not, be able to give- Developer
any such assurances without financial assistance to pay for
such cervices and facilities; and
G. WHEFEAS, the Developer agrees: to provide such financial
assistance in accordance with the term:: cf this agreement and
•-2-
the District agrees to provide assurances that school facilities
and services will be available to meet the needs of the future
residents of the 'development as it is presently proposed.
i
« . -
' " NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE
as follows: .• • •
/ _ • -. ;
1. The Developer shall pay to the District the sum of
Three Hundred Ninety-Three and no/100 ' Dollars ($ 393 .00)
for each dwelling unit to be constructed in the Development.
The number of Dwelling units to be .constructed shall be determined
from the approved subdivision map of the Development, as recorded
in the Office of the County Recorder. The terra "dwelling unit"
as used in -this agreement means a place of residence "and may
be located in either a single or multiple dwelling unit building.
• '. m
Such payments shall be made in accordance with the following
provisions: '
•"' 1.1. The total amount due hereunder shall be paid
" "to the district in installments equal to $ 393.00 times the
number o.f dwelling units for which building permits are
issued until the total amount as specified in paragraph 1
above has been paid'or until the agreement has been canceled
by mutual consent due to the abandonment of a portion of the
Development. Such installments shall be J -ie and payable
to the District concurrent with application by Developer
for issua ice of said building permits.
-3- - -
1.2. .-,iv payments not made by t . Developer when due
and payable shall bear interest at the rate of seven. (7)
percent per nnnirn.
* - *
2. The Owner and Developer may in the future offer to
donate a school site, in-lieu of all or part of the financial
obligation agreed upon in paragraph 1 above, which offer
the District shall consider but is not obligated to accept.
3. To secure Developer's obligation hereunder, Developer
shall provide to District the securities called for in sub-
paragraph 3.1 or 3.2 or 3.3:
3.1. A surety bond in.favor of District in a form
acceptable to District from an insurer acceptable to
District in the sum'"of $ ; ; ' ' ' to insure
Developer's performance of the terms o-f this agreement. 5/
3.2 A bank or savings and loan time certificate of .
*
deposit in the amount of $ in a form
acceptable to District naming the District as an irrevocable
assignee for the term of this agreement/ and expressly
providing that any interest accruing on the time certificate
of deposit shall be solely the property of depositor and
the District shall have no rights to any such interest. 5/-
3.3 Such other security as may be acceptable to
the District. 5/
4. District agrees to provide school facilities and
services v:hdch will be available to meet the needs of the
future rosicents of the areas to be developed as described
herein. District further agrees to provide in writing for
Developer, and upon his request, assurances necessary to
enable Developer to .comply with any requirements of public
agencies as evidence of adequate school facilities and services
sufficient to accommodate the^needs of the developments herein
described. '•.. ...•
5. All obligations hereunder shall terminate in the
event —
and the District shall within ten (10) days after written notice'
to District by Developer, deliver to Developer necessary documents
for releasing the security provided to District pursuant to
paragraph 3 hereof. '•
••
6. Any notice from one party to the other shall be .
in writing, and shall be dated and signed by the party giving
*
such notice or by a duly authorized representative of .such
p'arty. Any such notice shall not be effective for any purpose
whatsoever unless served in one of the following manners:•
6.1. If notice is given to the District, by personal
delivery thereof to the District or by depositing the
same in the United States Mail, addressed" to the District
at the address set forth herein, enclosed in a sealed
envelope addressed to the District for attention of the
Superintendent, postage prepaid and certified.
6.2. If notice Is given to Developer, by personal
delivery thereof to Developer or by depositing the
. . same in the United States Mail, enclosed in a sealed
envelops addressed to Developer at the address set.* • . . -
forth herein or at such other address as may have
been designated, postage, prepaid and certified.
6.3. -If notice is given to a surety or other
person, by personal delivery to such surety or other
•person or by depositing the same in the United States
Mail, enclosed in a sealed envelope addressed to such
surety or person at the address at which such surety
or person last corrjnunicated to the party giving notice,
postage prepaid and certified'.
*•
7.; This Agreement shall be binding upon and shall
inure to the benefit of, and shall apply to, the respective
successors and assigns of Developer and the District, and
references to Developer or the District herein shall be .
deemed to be reference to and include their respective
successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have
any interest in the Property, all obligations of Developer
hereuncier shall terminate; provided, however, that any
successor of Dsvclopcr's interest in the Property shall
hereur.dcr an.d shrill .have complied with paragraph 3 hereof.
-6- '
JCN WITNESS WHEREOF, this Agreement is executed in
San Dieco County, California r.s of the date first v/ritten
above. . -
t
DEVELOPER:
By
Title_
By -
Title
DISTRICT:
CARLSBAD UNIFIED SCHOOL DISTRICT
OF~ SAi-J DIEGO- COUiiTY, CALIFORNIA
By ; '
Authorized Agent
RATIFIED BY GOVERNING BOARD:
, 197_
-7-
FOOTNOTES:
I/ Full information concerning the owner and developer
should be' set: out here and the name of the ovmer should
be identical to that used by the Ovmer in holding title
to the property,
•
27 The exact legal description of the property should
be set forth on Exhibit "A". -.
3/ -Insert the number of residential buildings.. to be constructed
and describe the kinds and number of residential units ' •
' to be constructed, e.g., 100 tv:o -bedroom single family
residences; 4 apartment buildings consisting of 60
two-bedroom apartments; one mobilehome park with 200
mobilehome spaces.
State whether the Developer has or will apply for a
rezonir.g and/or conditional use permit or some other
permit or application. Where the property is to be
reEoned, state the- present zoning and the proposed
zoning. Where an application number has been assigned
by: the County or the City, state the number.
5/ The proposed form of bond or time certificate of deposit
should be submitted to the District before the Developer
sif.ns this A greener: t to assure that the bond or certificate
will be in a form. satisfactory to the District when later
Z' delivered.
6/ - This event will probably be a denial of a rezonins application,
LZrlh
-8-
ST7C'T7T?~T'ri J» /T>T*T"'" f'fit IT-«*'~T.TT7*?MiiOUrviU .Hu-.L;^.--^!;! ±>"»j. i.iiiiiiJ
Oi.T»T7?r> r>-r"~T ^-5t.-u i-:n r1 •; PT f^ " rs j»:.^.i} !,_ . i-^-^- —., ...(^ ^.-'..i_,oi:--;iJ
TI1IS SECURED AGRSEME-IT is entered'into this .__ day
of , 197 j by' snd betv;een I/
[Nar.e of Legal Ovrnerj
a
[corporation, partnership, etc.]
hereinafter referred to as "Owner", whose address is
', j[street]
c >
[city,state, zip codej
• .and
3
[tlame of Developer]
a ; ; , .
[corporation, partnership, etc.] '• •
hereinafter referred to as "Developer", whose address is
[street J ' "~
[city,state,zip code]•'•
and
tT''::iTrr?1 4...J.U JL.
County, California,' hereinafter referred to as
"District", v;hcse address is 801 Pine Avenue,
Carlsbad, California 92C08.
• .*„ . •
V7 I T N E S S E T H:
A. V/HEREAS, Owner is the owner of the real property
described on EXHIBIT "A" attached hereto and by this reference
Incorporated herein by reference, and hereafter referred to as*
"Property" 2/; and
B. WHEREAS, the Property lies within the boundaries of
District; and "' . •• " .
C. WKEREAS, Developer has contracted with Owner to
purchase the Property and proposes to construct 3/
on said Property, which development carries the proposed
name of and is
hereafter referred to as "Development"; and
D. UHERSAS, Ecj-veloper "
197__] [inv-ends to file]
' -2-
[filed on the day of ,
with .the County of San Diego and/or
the City of Carlsbad a request for V
E. WHEREAS, Owner, Developer and District recognize
that school facilities and services will not be available to
accommodate children vrho may subsequently move into the proposed• ..•£}$.-»•' • • •
development; and - "
F. WHEREAS, Owner and Developer have requested of the District
assurances that school facilities and services will be available
to meet the needs of the future residents of the development
as it is presently proposed and the Owner and Developer are
aware that the -District cannot, and"will not, ,be able to give
Owner and Developer any such assurances without -financial assistance
* • • ' '
to pay for such services and facilities; and • .
G. WHEREAS, the Owner and Developer agree to provide
such financial assistance in accordance with the terns, of this
agreement and the District agrees to provide assurances that
school facilities and services will be available to meet the
needs of the future residents of the development' as it is
presently proposed. •
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows:
-3-
1. The Owner and Developer shall pay to the District
the Sun Of Three Hundred- Ninety-Three and no/100 * Dollars
($ 393 .00) for each dwelling unit to be constructed in
the Develcpr.cnt. The number of Dwelling units to be constructed
shall be determined from the approved subdivision map of the
Development, as recorded in the Office of-the County Recorder.
The tern "dwelling unit" as used in this' agreement means a place
of residence and nay be located in either a single or multiple
dwelling unit building. Such payments shall be made in accordance
with the following provisions:
•1.1. The total amount due hereunder shall be paid
to the district in installments equal to .$ 393.00 times the
number of dwelling unit's for which building permits are
issued until the total amount as specified in paragraph 1
above has been paid or until the agreement has been canceled:
by mutual consent due to the abandonment of. a portion of the
Development. Such installments shall be due and payable
to the District concurrent with application by Developer
for issuance of said building permits.
• .
1.2. Any payments not made by the Owner and Developer
when due and payable shall bear interest at the rate
of seven (7) percent per annum.
2. The Ov/ner and Developer may in the future offer to
donate a school site in lieu of all or part of the financial
obligation agreed upon in paragraph 1 above, which offer the-District
shall consider, but is not obligated to accept.
3. To secure Cv;ner's and Developer's obligation hereunder,
Owner and Developer shall provide 'to Di'strict the securities
called for in subparagraph 3.1'or 3.2 or 3.3:
3.1. A surety bond in favor of District in a form
acceptable to District from an insurer acceptable, to District •
in the sum of $ to insure Owner's and Developer's
performance of the terms of this agreement. 57
3.2. A bank or savings and loan time certificate
of deposit in the amount of $ • in a form •
acceptable to District naming the District as an irrevocable
assignee for the term of this agreement, and expressly ...
providing that any interest accruing on- the time certificate'
• * - *
of deposit shall be solely the property of depositor and
the District shall have no rights to any such interest. 5/
3«3-- Such other security as may be acceptable to
the District. 5/ •
* ,
4. District agrees to provide school facilities and
.services which will be. available to meet the needs of the
future residents of the areas to be developed as described
herein. District further agrees to provide in writing for
Owner or Developer, and upon request, assurances necessary
to enable Ov;ner or Developer to comply with any requirements
of public agencies as evidence of adequate school facilities
and services sufficient" to accommodate the needs of the
developments herein described.
event
5. All obligations hereunder shall terminate in the
6/ .
and the District shall within ten (10) days after written
notice to District by- Developer, deliver to Developer'necessary
documents for releasing the security provided to District
pursuant to paragraph 3 hereof.
6. Any notice from one party to the other shall be
in writing, and shall be dated and signed by the party giving
such notice or by a duly authorized representative of such
party. Any such notice shall not be effective for any
purpose whatsoever unless served in one of the following
manners:
6.1. If notice is given to the District, by
personal delivery thereof to the District or by depositing
the same in the United States Mail, addressed to the.
District at the address set forth herein, enclosed
in a sealed envelope addressed to the District for
attention of the Superintendent, postage prepaid and
. certified. .... ...
-6-
6.2. If "notice Is given to Owner, by personal
delivery thereof to Owner or by depositing the same
in the United States Mail, enclosed in a sealed
envelope addressed to Owner at the address set forth
herein or at such other address as may have been designated,
postage prepaid and certified.
6.3- If notice is given to Developer, by personal
delivery thereof to Developer or by depositing the
same .in the; United States Mail, enclosed in a sealed
envelope addressed to Developer at the address set
forth herein or at such other address as may have
been designated, postage prepaid and certified.
6.1|. If notice is' given to a surety or other
person, by. personal delivery to such surety or other
person or by depositing the same in the United States
Mail, enclosed in a sealed envelope addressed to sucht •
surety or person at the address at which such surety
or person last communicated to the party giving notice,-
postage prepaid and certified.
7. This Agreement shall be binding upon and shall
inure to the benefit of, and shall apply to, the- respective
successors and assigns of Owner, Developer and District,
and references to Owner, or Developer, or the District
herein shall be deencd to be reference to and Include their
-7- '
•respective successors and assigns without specific mention
of such successors and assigns. If Developer should cease
to have any interest; in the Property, all obligations of Developer
hereunder shall terminate; provided, however, that any successor
of Developer's interest irr the Property shall have first assumed
in writing the Developer's obligations hereunder and shall .
have complied with paragraph 3 hereof. At such time 'as Owner
ceases to have any.interest in the Property, all obligations
of Owner hereunder shall terminate; provided, however, that
if any successor to the Owner's interest in the Property is
a stranger to this Agreement, such successor has first assumed
the obligations of Owner in writing and shall have complied with
J
paragraph 3 hereof.
IN WITNESS"-WHEREOF, this Agreement is executed in •
San Diego County, California as of the date first written
above. " . . • :
OWNER: '. '. • DEVELOPER:
(Name) . (Name)
By By
Title Tltle_
By
DISTRICT: Title_
CARLSBAD UNIFIED SCHOOL DISTRICT
OTP en?? nTT.* •"••"> rin7""r~iv' i** * T r ~rir>vT AUr O.I.H L)j.ijuJ LUW.JJ.X, w.-ii-iXT J^».i; JLA
By
Authorised Agent
P ft rPT T,nT T™T~i D" f"~\^ '•" O'TT"'"1 n r\' '.>T> •MA J. J.1'jLi^L U J. L'O ', 1L...; I ;.v( l':(Jt.i.LJ.
FOOTNOTES:
* This for- should bo used v:hen the Developer is purchasing
• the land fro.™ the legal owner of the property.
_!/ Full information concerning.the owner and developer
should bo zcz cut here and the name of the owner should
be identical to thai: used by the Owner in holding title
to the property.
2/ The exact legal description of the property should.
be set forth on Exhibit "A".
3/ Insert the number of residential buildings to be constructed
and describe the kinds.and number of residential units
to be constructed, e.g., 100 two-bedroom single family
residences; >i apartment buildings consisting of 60
two-bedroom- apartments; one mobilehcme park with 200
mobile-home spaces. . •
4/ State whether the Developer has or will apply for a
rezonin.3 and/or conditional use permit or some other
permit or application. Where the property is to be
rezoned, state the present zoning and the proposed
•zoning. Where an application number hac been assigned
by the County or the City, state the number.
5/ The proposed form of bond or time certificate of deposit "
should be submitted to the District before-the Developer
signs this Agreement to assure that the bond or certificate
will be in a form satisfactory to the District when later
delivered.
6/ This event will probably be a denial of a resoning application
or denial of approval of a proposed subdivision map.
—9—