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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. -2- 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—