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MUP 2004-551011. P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 December 15, 2004 Mr. John Capetz Sun Vista Development P.O. Box 1144 La Quinta, CA 92247 SUBJECT: Approval of Minor Use Permit 2004-551 (for casita) Dear Mr. Capetz; Your request for Minor Use Permit 2004-551 to allow a detached casita for your residence at 53-408 Bellagio in the Hideaway is hereby approved. Enclosed is the approved original Deed Restriction for this Minor Use Permit. Please fill in the date on the first page. Also, it must be signed by the legal owner(s) in front of a Notary Public.: .The original`'app,ro:ved''document is then to be recorded with the County Recorder with a recorded copy given to us for our files. Until the recorded copy is received, our Minor Use Permit file is not complete. After we receive our copy we will provide our clearance to the Building Department to issue the building permit. Should you have any questions, please call me at (760) 777-7064. Very truly yours, STAN SAWA Principal Planner sbs P:\stan\muP to \muP 2004-551 Itr appr.d oc RECORDING REQUESTED BY: Mr. John Capetz Sun Vista Development P.O. Box 1144 La Quinta, CA 92247 WHEN RECORDED PLEASE MAIL TO: Mr. John Capetz Sun Vista Development P.O. Box 1.144 La Quinta, CA 92247 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 53-408 BELLAGIO, LA QUINTA, CALIFORNIA This covenant and agreement are made and executed this day of 2004, by ; as the record 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 they are the property owners of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 339 of Tract 29894-2,*as per record map on file with the Recorder of Riverside County 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 casita may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2004-551); 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, 1 4. The casita 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. This covenant and agreement shall run with the land and shall be binding upon owners, their successors, heirs, or assigns, and ourselves, and shall continue in t while said accessory building remains on the real property or unless otherwise ;ed by the authority of the City'of La Quinta. All leases of said dwelling and/or !rty shall be subject to this restriction. This agreement shall be entitled to.the Jy of injunctive relief in addition of any remedy in law or equity. This covenant and agreement and the provisions hereof are irrevocable, except written consent of all parties to the agreement, including the City of La Quinta, nicipal corporation. The City shall have the right to enforce each and every Sion hereof and the parties agree that the agreement shall not be rescinded, ed, modified, or otherwise amended or changed, without the expressed written mt of the City first being obtained. In the event that the owners, their heirs, assigns or successors in interest, shall perform any obligation hereunder, they hereby agree to pay all costs and )ses incurred by the City of . La Quinta in securing performance of such ition, including attorney's fees. Thomas P. Genovese, City Manager/ Date Interim Community Development Director City of La Quinta Signature(s) Date Printed Name(s) ;e ALL PURPOSE NOTARY ACKNOWLEDGMENT(S) MUST BE ATTACHED IN 8 0D X 11 " FORMAT, FOR EACH SIGNATURE. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ► On -Z,-i.�-d3oo� , before me, ec7ezyi .�t- Personally appeared 7he s i/�.s personally known to me ef-. raco�ar�d to mo nn tho ha i,o_o,�^+ cf�! tn.i -•• �ci i%c to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/ -%4-r ey executed the same in his/h ip authorized capacity(ies), and that by his/heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, A mENSt14 Sign re of the Notary PubLe • 1521423 Not - California Riverside ounty Comm. Expires .X REGENIA HO SIFY. Corr f6slon A 1521423 ..� Notary RtWc - C, Gwornio Riverside County lmy Comm. Exptes Oct 23, MW .r7 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 APEA: AMOUNT LEVEL ONE AMOUNT: LEVEL TWO AMOUNT: MITIGATION AMOUNT: COMM/IND. AMOUNT: nATF: RF.r;FIPT- CHECK N- INITIAI.C- CERTIFICATE OF COMPLIANCE (California Education Code 17620) Project Name: The residence_is_atThe Hideaway Date: Owner's Name: John Capetz Phone No. Project Address: 53-409 Via Belagio La Quinta, CA Project Description: 1 SFD APN: 772-510-027-3 Tract #: Lot #'s: Type of Development: Residential 1 -XX Commercial Industrial Total Square Feet of Building Area: 4,810 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 authprized to sign on behalf of the owner/developer. Dated: March 31, 2005 Signature: _r SCHOOL DISTRICT'S REQUIREMENTS FOR THE ABOVE PROJECT HAVE BEEN OR WILL BE SATISFIED IN ACCORDANCE WITH ONE OF THE FOLLOWING: (CIRCLE ONE) Education Code Gov. Code Project Agreement Existing Not Subject to Fee 17620 65995 Approval Prior to 1/1/87 Requirement Note: Number of Sq.Ft. 4,810 Amount per Sq.Ft. $ 2.68 Amount Collected $ 12,890.80 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:c;mydees declees/certii'Ie•:ue O.f COInpliWICa G?rm Li-OWSTO i.ISli.doc 1/16/03 T