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HomeMy WebLinkAboutCT 02-14; Bressi Ranch Residential; Tentative Map (CT) (17)July 25, 2001 Superintendent Cheryl Ernst and Members of the Board of Education Carlsbad Unified School District 801 Pine Avenue Carlsbad, CA 92009 Re:Participation of Bressi Ranch in Community Facilities District No. 3 of the Carlsbad Unified School District Dear Superintendent Ernst and Members of the Board of Education: This letter documents the agreements of the Carlsbad Unified School District ("District") and Bressi Ranch Venture, LLC, a Delaware limited liability company ("Bressi") with respect to the annexation of certain real property owned by Bressi and more particularly described on Exhibit "A" to this Letter (the "Bressi Property") into the existing Community Facilities District No. 3 ("CFD No. 3") of the Carlsbad Unified School District ("District"). This letter agreement constitutes a valid and binding agreement between the parties. The District previously formed CFD No. 3 in order to provide and alternative financing and mitigation method for developers and property owners who intend or expect to develop property located withing the boundaries of the District and are subject to the requirements of the City of Carlsbad and/or have entered into School Facilities Mitigation Agreements with the District. By annexing the Bressi Property into CFD No. 3, that property will not be required to make any cash mitigation payments to the District, including cash requirements for Statutory School Fees levied pursuant to Education Code 17620 and government Code 65995, or Alternative School Fees levied pursuant to Government Code Sections 65995.5 and 65995.7. This letter confirms the District's commitment to the statements made on behalf of the District in the June 20, 2001 letter of District's legal counsel, Bowie, Arneson, Wiles & Giannone, to landowners participating in Annexation into CFD No. 3. RECEIVED AUG - 9 2001 24800 Chrisanta Drive, Mission Viejo, CA 92691 - (949) 598-8500 lennor I HIM Home*, since 1954 This agreement is for the benefit of Bressi and any successor or assign to the Bressi Property. This Agreement shall terminate as to any Lot which is sold to an individual homebuyer upon the Close of Escrow for the sale of such home(s). Sincerely, LENNAR BRESSI RANCH VENTURE, LLC, a California limited liability company By: Lennar Bressi Carlsbad, LLC, a California limited liability company Its: Managing Member By: Lennar Homes of California, Inc., a California corporation Its: Managing Memberj By:_ Its: Vice President The Carlsbad Unified School District, for itself and on behalf of its CFD No. 3, hereby agrees to the foregoing terms and conditions for the annexation of the Bressi Property into Community Facilities District No. 3 of the Carlsbad Unified School District. CARLSBAD UNIFIED SCHOOL DISTRICT By:_ Name: Chervl Ernst Title: Superintendent 1648422.5