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Home My WebLink AboutCUP 106; Lusk Mobile Home Park; Conditional Use Permit (CUP) (31)/- A JOHN D. LUSK & SON A MEMBER OF THE LUSK FAMILY OF COMPANIES 17550 Gillotte AVO., lninr Industrial Compler P.O. Box2140, Newport Buch, Calif. 92643 (714) 557-8220 1213) 7266941 June. 27, 1975 Dr. Fred H. Lance Business Manager 801 Pine Avenue Carlsbad, California 92008 JUN 3 0 1975 Re : Dear Based on our recent conversation, enclosed please find two revised copies of the Carlsbad Unified School District’s Secured Agreement Between Owner as Developer and District regarding contributions to be paid by Developer to assist with the furnishing of school facilities, As you will note in reviewing the revised agreement, we have added an addenda which provides our company with a pro-rata credit against the School District fee pursuant to the Agreement dated June 18, 1974 between the District and Occidental Land, Inc. Additionally, our General Counsel, Bill Brasher, has made other revisions to the Agreement which we believe are in keeping with the understanding between the District and our company. It is our understanding that you will forward a copy of the revised Agreement to the San Diego County Counsel’s office and in the event that there are any questions concerning the revisions, I would suggest that you have the County Counsel’s office contact Bill Brasher directly in order that we might most expeditiously consummate said Agreement. At Wednesday evening’s Planning Commission meeting in Carlsbad, consideration of our application for Conditional Use Permit No, 106 was continued to the July 23, 1975 Planning Commission meeting. Accordingly, we would like to have our Agreement resolved no later than July 11, 1975, so that you may forward your letter of approval to the City in ample time for the July 23 Commission meeting. Dr. Fred H. Lance Page Two June 27, 1975 We appreciate your continued cooperation as we work together to finalize the Agreement and if you have any questions in regards to either this'letter or the Agreement, please do not hesitate to contact either myself or Bill Brasher, truly yours, Donald Do S tef f ensen Vice President DDS : lg cc: Don Agatep-City of Carlsbad L Ken Wassman-Occidental Land, Inc. Bill Brasher .. -- ... i c a* .. , .- . . California corporation . -3 . -Lcorporatior,, ?Ertnersnip, el;c.J hereinafter referxd to as 'lDeveloperll, whose .addi~ss is 17550 Gillette Avenue > 1s.t;reet.j. Irvine, California 92705 s. tcity: -state, zip codeJ . .. .. z .. . and .. -. - - WEREAS, Developer proposcs to coiistkuct 3/ I C. a 414-unit adult mobile home park on said Property, which development c2rri.es the proposed narx of - Lusk Mobile Home Park and is . hereafter referred to as !'D?velopmr-rt'! ; and \/SERE!&, Developer filed on the 31st day of January 1975 D. lfilcil on the . day of with kb Oem3Xs-*Ep& " 13'1-7Lxmsa3rs- - XaAeiJ .. the city of Carisbad a request for i/ approval of a Conditional Use Permit #lo6 for Lot 1. of Tentative Tract 71-2; 2nd .. . the District zigrees to provide and services Will be auaih-ble assurances that'school facilities to meet the needs of the future residents of the 'dcvelopzcnt as it is presently proposed. 'as follo~:s : . 8 1. The Developer shall pay to the District the sm of Three Hundred Ninety Threg,d no/lOO - - - - - - - Dollars ($ 393.00 r for each dwlling unit to be constructed in the Developncnt. The number of Dwelling units to bc,constructed shall be determined from the approved subdivision nap of the Development, as recorded in the Officc of the Cou~ty Recorder. The tern "dwelling unit" as used in .this agrem5.nt r:c3ms 8 place of residence'and nay *be'located in either a single or nultip.le &;relling unit bailding. Such paynents shall be made in accordance with the folloving provisions: i 1.1, The total mount due heeeunder shall be paid 3' number of' dvelling units for which building pzriaits 8re Sssued until the total amount as specified in paragraph 1 above hc?s bckn paid or-until the agrcernznt has been canceled by mutizal consent due tCi the abandonsznt of a portion of the Dcvclo?::!cnt. Such installncnts shall be Z .!e md payable .. ..' . C.. -4 .. 1.2. Any payments nrJt made by the Dcvcloper when duc and payable shall bear interest at the rate of seven.(7) See attached*Addenda, which by'this reference is made a part hereof, now ,a 7 -nnnr mav in f-hp f.,l+,.rp .. 3 n . I 1 '-*-&&J {- . .. Fiw .* I 1 . 3. To secure Dcvelopcr's obligation hereunder, Developer . shkll provide to District the securities called for in sub- . paragraph 3.1:~~ 2 9 cr ? k 3.1. A surety bond in.favor of District in a form . acceptable to District from an insurer acceptable to . ' to insure , . . . . . . . . District in the sQn''of $ Dcvol.o;>cx's perfornance of the tcms of this agreement. u 5/ .. 3 n ar cawc7 7- +i-. .. + *+= . >n 1 fna -- - future rcsic'cnts of the areas to be clevclopcd as Jascrihcd hcrcin. l3ir;tri.c t furthci- r!cjrecs to provide in writing for 51 Developer, and upon his request, assurances necessary to enable I>evclopc=. to cor.!;,ly with any rcquirenents of public agencies as evidence of adequz'ie school facilities and services sufficient to ~.ccor:~:ocTaLc thc needs of the dcvelopmnts .f herein described. 5. All obligations hereunder shall terninate in the that Developer is unable to obtain the approval of any .public even% . 6' agency for its proposed adult mobile home park, including but not limited to, the City of Carlsbad, the San Diego Coast Regional Commission, nr iA the event DeveloDer does not proceed with 1 ason . what so ever and the Dlstz5ct shall within ten (10) days after ktten notice -. - .. to District by Develcper, deliver to Developer necessary docments for releaslng the securtty provided to District pursuant to 6.' Any notice fron one party to the other.shal1 be 3n writing, and shall be dzted and signed by the pzrty giving such notice or by a duly authorized representative of .such party. P.ny such notice shall not be effective for any purpose wlhiLtsoevcr unless served in one of the f'o1lov:ing manners: 6.1. If notice j-s giv-zn to the District, by personal de 1 i v c r;; tl.,.?r-cof to the District or by depositing the sane in the United Stztcs LIaiZ, ,ciddressed to the District; at the a5ciri.s~ sc'; forkh ~c~~cLI~, cnclosccl in a sealed .. 6.2. If notice is given to Developcr,.by personal delivery thcxof to Developer or by depositing the same in t!ie United States !.;ail, enclosed in a scaled cnvelope C?dc?rcssed to Devt?lo?cr at the &dress set .. forth herein or zt such other address 8s nay have . . I been designztecl, postage.prepaid and certified. 6.3. Xf notice is given to a surety or other person, by personal delivery to such surety or other .person or by depositrng the same in the Unite6 States Waif, encldsed in a sealed envelope eddyessed to such surety or person at the address at which such surety or person last comuniczted to the party &lving notice, postage prepaid and certified: 7.' This Agreenznt shall be binding upon and shall . inure to the benefit of, and shall apply to, the respective succcssoTs ar,d cssigns of Developer end the Distrlct, and r-efcrcnccs to Dzvcloper or the District hcrein shall be decx~cl to be reference to and include their respective succcs~;o:~s mci ~,ssiz;r;s. If I?,?vci.o;;ci: sfiou2d cc8se to have any intcrcs: in the Property, all obligations of Developer . .. ... IN \!XTiXSS \!:IZ?><OF, this Agrecrnent is executed 1:i San Diego County, Czllfornia 2s of the date first vritter, above D3VELO;PER : 1 Hame ) .‘ John D. Lusk & Son -. Title Vice Prekident . . By .- I ! Title Assistant Secretary . .. DI S TI3 1 C T : . 0. *. CARLSBAD ~IFIED SCIfOOL DISTRICT OF SAi.1 DIEGO Ci)Ui?i’Y , CALIF9E;s?IA .. .. BY AuChorizea Agent * .. /- e- .. -7- - F 0 0 T N 0 T E S: 9 . '- Fu3.1. infomzkion concerning the owner and developer should be set out hcre and the rime of the ovner should be iclcnticzl 20 thz?'; rised bv the 0e:ner In holding Sitlc The exact; leg21 description of the property be set for5h on Exhibit ':A''* should The proposcci forin of bond or tixe certificzte of deposit should Sc sukniC,tcc! L,C the Dletr5.ct kei'orc the Developer siglis t!xi-s Ac;~cei?er:t - to ~SSLWC that the bond or certificate tiill be in a form sztisf~ctory to the District vlilcn later delivered. L . r? his event will probably be a denial of a yezoxing application. * '. LZ : lii