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2005-676 (AR)=w P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 August 18, 2005 Weiskopf Partners I, LLC 78-150 Calle Tampico Suite 100 La Quinta, CA 92253 SUBJECT: MINOR USE PERMIT 2005-676 t57=565 -BALL" -Y -BUNION WAYS Dear Applicant: Your request for approval of MinorrUse Permit 2005-676 allowing the construction of a casita addition at 57-565 Ballybunion is hereby approved. You may now contact the Building & Safety Department for your building permit. Enclosed is the approved original Deed Restriction for this Minor Use Permit. -it must be signed by the owner in front of a Notary Public. The original approved documents are then to be recorded with the County Recorder, with a recorded copy given to the City for our files. The Community Development Department will sign the job card when the recorded copy is received, which would provide our clearance to the Building & Safety Department to issue the building final inspection. Until the recorded copy is received by the Community Development Department, your Minor Use Permit is not complete and a final inspection will not. be conducted by the Building & Safety Department. Should you have any questions, please call me at (760) 777-7067. Very truly yours, JAY UU Assistant Planner Attachments c. Building and Safety Department E ,6 RECORDING REQUESTED BY: Weiskopf Partners I, LLC WHEN RECORDED PLEASE MAIL TO: Weiskopf Partners I; LLC 78-150 Calle Tampico Suite 100 La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT - 57 -565 BALLYBUNION, LA QUINTA, CALIFORNIA This Covenant and Agreement are made and executed this 18" day of August by Weiskopf Partners I, LLC, as the recorded owner(s) of the property described herein. The City of La Quinta, a Municipal Corporation, is hereby made a party to this Agreement for the purposes set forth below. The undersigned hereby certifies that he/she is the property owner of the - following described real property in the City of La Quinta, County of Riverside, State of California: LOT 12, BK. 762, PG. 33, TR 29147-1, in the City of La Quinta, County of Riverside, State of California In consideration of the City of La Quinta .issuing a building permit for certain improvements which will be constructed on said property, the undersigned does hereby covenant and agree to, and with said City, to restrict the use of. said property as follows: 1 . The guest house may not be rented nor sold independent of the main single- family residence (Minor Use Permit No. 2005-676); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapter 9.30.030 (RL Zone District) and 9.60.1 10 (Guest Houses) of the La Quinta Municipal Code; 3. All on-site facilities are intended for the sole occupancy of the property owner(s), guests, and caretakers (i.e., a maid and/or housekeeper, etc.); and, 4. The guest house shall be used primarily as a sleeping facility, and shall be maintained in accordance with all zoning and other codes as set forth in the La Quinta Municipal Code, as may be amended from time to time. 14 This Covenant and Agreement shall run with the land and shall be binding upon future owners, their successors, heirs, or assigns, and ourselves, and shall continue in effect while said accessory building remains on the real property or unless otherwise released by the authority of the City of La Quinta. All leases of said dwelling and/or property shall be subject to this restriction. This Agreement shall be entitled to the remedy of injunctive relief in addition 'of any remedy in law or equity. This Covenant and Agreement and the provisions hereof are irrevocable, except by the .written consent of all parties to the agreement, including the City of La Quinta, a Municipal Corporation. The City shall have the right to enforce each and every provision hereof and the parties agree that the Agreement shall not be rescinded, revoked, modified, or otherwise amended or changed,. without the expressed written consent of the City first being obtained. In the event that the owners, their heirs, assigns or successors in interest, shall fail to perform any obligation hereunder, they hereby agree to pay all costs and expenses incurred by the City of La Quinta in securing performance of such obligation, including attorney's fees. By: 1 . 2. 3. X Signature(s) Dated: Printed Name of all owner(s) Douglas. R-Avans Date Community Development Director City of La Quinta STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ) On August 18, 2005 before me, Regenia Hensley, Notary Public, personally appeared DOUGLAS R. EVANS personally known to me to be the person whose name Js subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. RE IA HENSLEY Notary Public Commission # 1521423 Expiration: October 23, 2008 (Seal) 'A GE 41A FtEiMY Commlalon # 1521423 . �. Notory Public - Califonda Riverside County NHCar+rcrr:E�lres. 23. Zf>08 otic 449�wr C3 jyu '0� 3svo 118HM VIYOOMPI AIINMV403 is ammdd1 31 (iz*lgt) Aws NOR ow I a ss.t z 100,9Z FA C.� OL, Icis , 1 " 31 (Z6190 otic 449�wr C3 jyu '0� 3svo 118HM VIYOOMPI AIINMV403 is ammdd1 31 (iz*lgt) Aws NOR ow I a Coachella Valley Unified School District 83-733 Avenue 55, Thermal, CA 92274 (760) 398-5909 — Fax (760) 398-1224 This Box For District Use Only DEVELOPER FEES PAID AREA: AMOUNT LEVEL ONE AMOUNT: LEVEL TWO AMOUNT: MITIGATION AMOUNT: COMM/IND. AMOUNT: DATF: RF.r..F.IPT, CHECK N- INITIAIS- CERTIFICATE OF COMPLIANCE (California Education Code 17620) Project Name: Residence;is;atf—%ftst Date: August 19, 2005 Owner's Name: Weiskopf Partners Phone No. Project Address: 57-565 Bally Bunion La Quinta, CA Project Description: Casita addition APN: 762-330-015 Tract #: Lot #'s: Type of Development: Residential XX+. Commercial Industrial Total Square Feet of Building Area: 774 sq. ft. Certification of Applicant/Owners: The person signing certifies that the above information is correct and makes this statement under penalty of perjury and further represents that he/she is authorized to sign on behalf of the owner/developer. Dated: August 19, 2005 Signature: SCHOOL DISTRICT'S REQUIREMENTS FOR THE AB PROJECT HAVE BEEN OR WILL BE SATISFIED IN ACCORDANCE WITH ONE OF THE FOLLOWING: (CIRCLE ONE) Education Code 17620 Gov. Code 65995 Project Agreement Existing Not Subject to Fee Approval Prior to 1/1/87 Requirement Note: Number of Sq - Ft -Amount per Sq.Ft. Amount Collected 774 $ 2.88 $ 2,229.12 Building Permit Application Completed: Yes/No By: Carey M. Carlson, Asst. Supt., Business Services Certificate issued by: Elvira Mattson, Office Technician Signature: NOTICE OF 90 DAY PERIOD FOR PROTEST OF FEES AND STATEMENT OF FEES Section 66020 of the Government Code asserted by Assembly Bill 3081, effective January 1, 1997, requires that this District provide (1) a written notice to the project appellant, at the time of payment of school fees, mitigation payment or other exactions ("Fees"), of the 90 -day period to protest the imposition of these Fees and (2) the amount of the fees. Therefore, in accordance with section 66020 of the Government code and other applicable law, this Notice shall serve to advise you that the 90 -day protest period in regard to such Fees or the validity thereof, commences with the payment of the fees or performance of any other requirements as described in section 66020 of the Government code. Additionally, the amount of the fees imposed is as herein set forth, whether payable at this time or in whole or in part prior to issuance of a Certificate of Occupancy. As in the latter, the 90 days starts on the date hereof. This Certificate of Compliance is valid for thirty (30) days from the date of issuance. Extension will be granted only for good cause, as determined by the School District, and up to three (3) such extensions may be granted. At such time as this Certificate expires, if a building permit has not been issued for the project that is the subject of this Certificate, the owner will be reimbursed all fees that were paid to obtain this Certificate of Compliance. �1V:cimydoc�ide�lee icertiiicaue o.fcomplianti(7 1,)rm uiblc 170 USG.doc 1/16/03 T