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HomeMy WebLinkAboutA2775 - RON GILBREATH SEWER REIMBURSEMENT CANTINA y DOC a 2000-469125 FREE RECORDING REQUESTED BY 11/27/2000 08:00A Fee:NC AND WHEN RECORDED, MAIL TO: Page 1 of 7 Recorded in Official Records CITY OF PALM SPRINGS County of Riverside Gary L. Orsc Palm .O. Box27 ,3CA 92263-2743 Assessor, County Clerk 8 Recorder SpringAttn: City Clerk I IIIIII IIIIII IIII IIIII IIIIIII IIII IIIIII III IIIII 1111 IR Ron Gilbreath - Sewer Constr Refund AGREEMENT #2775 AMEND #2 R19926, 1O-18-00 M S n PAGE PCOR NOCOR CMF MISC. C@A 4 t t IVY q n COPY LONG REFUND NCHG ERAM AG SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND RON GILBREATH SEWER AGREEMENT NO. 14 977� THIS AMENDED AGREEMENT made and entered into this Z 4ay of 00, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and RON GILBREATH, hereinafter called the DEVELOPER. RECITALS WHEREAS, the DEVELOPER entered into Sewer Construction Refund Agreement No. 2775 ("AGREEMENT") per City Council Resolution No. 16917 dated October 4, 1989; and WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Parcel No. 513-430- 012, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part; and WHEREAS, the CITY determined that a more appropriate measure was based on each Parcel's buildable square footage rather than the construction of the Off-Site Sewers across the Parcel frontages, and on September 2, 1998 so amended the AGREEMENT; and WHEREAS, the CITY has further determined that additional lots not listed below can also access the Off-Site Sewers and may be added to the AGREEMENT; and WHEREAS, it is in the best interests of the DEVELOPER and the CITY to amend the AGREEMENT to provide for the redistribution of cost per parcel as additional.lots connect to the 1 Off-Site Sewers, thereby providing a more equitable apportionment of construction costs for the Off-Site Sewers to properties benefitting from the construction of the Off-Site Sewers; and NOW, THEREFORE, THIS AMENDED AGREEMENT WITNESSETH that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is hereby agreed that: 1. Section 1 of the AGREEMENT shall be amended and superceded by the following: SECTION 1. Assessments. (a) Parcels Shown on Exhibit "A". Any developer, owner, or lessee or person or entity having an interest in the real property (collectively "Applicant") of lots shown on Exhibit "A" abutting Off-Site Sewers shall pay to the CITY the amount shown herein, plus sewer connection charges in effect at such time prior to a permit being issued for connection to the Off-Site Sewers. Upon receipt of such payment CITY shall pay DEVELOPER the amount shown herein. Lot 3 (APN 513-430-018) paid it's assessment of$27,111.73 on Jan. 24, 2000. Subject to Section l(b) herein, the Assessment for Parcels is hereby established as follows: ASSESSOR'S NO. ASSESSMENT COST 1. 513-430-040 $27,111.73 2. 513-430-001 $27,111.73 3. 513-430-011 $13,555.87 4. 513-430-019 $13,555.87 Assessment Balance $81,335.00 The above assessments represent a proportionate redistribution of the costs of the construction of the Off-Site Sewers based on each Parcel's buildable square footage. As to Parcel Nos. 3 and 4 referenced above, the redistributed assessments were offset by a portion of the additional costs for the necessary construction of a lateral to effect connection to the Off-Site Sewer. The above assessments shall be proportionately reduced upon the connection of additional lots to the Off-Site Sewer and under the formula set forth in subsection l(b) below. I I 2 II II Il ll I I I l I All I ll II ll i III a 20Cr5 of 7� ©a 2 (b) Redistribution Based on Addition of Parcels Not Shown on Exhibit "A". Should an applicant of a lot not shown on Exhibit "A" seek to connect by lateral to the Off- Site Sewer, such Applicant shall pay to the CITY the amount pursuant to the formula set forth in this Section 1(b), plus sewer connection charges in effect at such time prior to a permit being issued for connection to the Off-Site Sewers. Upon receipt of such payment, CITY shall pay DEVELOPER the fee paid by such Applicant. The formula for adjustment of the assessments shall be as follows: The balance of the Total Assessment Cost of $81,335.00 set forth in Section l(a) above, remaining at the time,of the proposed lateral connection ("Assessment Balance") shall be redistributed equally by the total of (i) the remaining number of lots included on Exhibit "A" not connected to the Off-Site Sewers as of the date Applicant seeks the connection with APNs 513-430-011 and 513A30-019 considered as one lot for this calculation thereby making their individual total assessment one half of the standard per lot assessment, plus (ii) the number of Excluded Parcel(s) requesting connection. 2. Full Force and Effect.Unless specifically amended herein, all terms and conditions of the AGREEMENT shall remain in full force and effect. 3. Recordation The City Clerk shall record this AMENDMENT in the Recorder's Office of the County of Riverside, California. I I 3 II 1111 111�l 11 11 11 11 llll l lfll l 111 l Illi� 111 N 1 zONN-4 f 7sSe,R IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. CITY: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA a municipal corporation -� City Clerk Ciry Manager APPROVED AS TO FORM i City &t014y DEVELOPER: RON GILBRE H / r- By. Ron Gilbreath APPROVED BY THE U'ry COUNCL I I 4 II IIIIIIIIIIIIIIIIIIIIII IIIIIillllllllll IIIII�II III ivz�10,of 7sc©Oa CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r- - - - - - .�=r ,n'��'<'�.crcrc:rcrcrcc�'���-cr_s��.cr'.crcrcr�r���.c<'��:_ �I State of California , ss. County of Riverside I I' I I, ,I Ona7 food before me, Margot C. Desrosiers , Notary Public ' orate 1 Name and T,tle of O(Acer(e g "Jane Doe,Notary Public") personally appeared6w /i/ � Names)of Slgner(s) �, ❑ personally known to me proved to me on the basis of satisfactory evidence I- to be the person(* whose name(*) is/mse subscribed to the within instrument and acknowledged to me that he/she#+rey executed the same in his/44FAttair authorized }++► - - _ _ _ _ - - capacity(ies), and that by his/her/f ieir— MARGOT Q DFSROSIELS 1 signature(aj on the instrument the persorl, or dIl ] Ccffdnbdon III 12LRM [ the entity upon behalf of which the person(�)" Nolvylh66C-Call is y acted, executed the instrument. RIMwe County WComn.EPVms.lun22DD4 WITNESS my hand and fficial seal. q l ,111 Notary rdA '1 Place Notary Seal Above \ Signature of Notary Public I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached oc iee�nntt /J�// � 11 Title or Type of Document: � /� "a" '/1� I ) Document Date: Number of Pages: 'I I I r- Signer(s) Other han Na bo h Capacity(ies) Claimed by Signer t' Signer's Name: 'I ❑ IndividualI Top of thumb here ❑ Corporate Off icer—Title(s): ❑ Partner—❑ Limited ❑General h ❑ Attorney in Fact 'I ❑ Trustee ❑ Guardian or Conservator ,1 ❑ Other: I I Signer Is Representing: I I I I I 01999 Notarnal Notary Assoclotion•9350 De Solo Ave,PO Box2402•Chatsworth.CA913132402-ww allonalnolaryorg Ford,No 5907 Reorder Call Toll-Free 1-800-5766827 IIII IIIIII II I III IIIIII III IIIII III II II LII IIII v 2At?0 ae 7s 5N R i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of 0,4k6-/eo/-7 u I A County of ;F6(JeI4� SiZ�>Atf On 6 oWlnlO-z- /K Zoo o before me, -dz —ti05T 91Z4- , DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC" personally appeared �i� N ME(S)OF SIGNER(S) L$ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persorejs' whose nameoisk� subscribed to the within instrument and ac- knowledged to me that he/she t(� executed the same in his/her/�� authorized capacity( , and that by his/her/ el r Nicholas S. Singer signaturek9on the instrument the persor S , m0 Comm.#1161359 ^^� or the entityupon behalf of which the V NOTARYPUBLIC CALIFORNIAO p RIVERSIDE COUNTY 0 person acted, executed the instrument. Comm Exp.Nov 10 2001 -+ r WITNESS my hand and official seal; i SIGNATURE OF NOTARY V OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL - ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remme[Ave,P 0.Box 7184-Canoga Park,CA 91309-7184 II I I II I I I I I I I I II I I I I I I I I I I I I I I I I I I I II 111111111111 IN 11 2�7/200Q0S500R I 3 i• �� 'Off i./Rw�.P.r.G. •y .i ��S o'o>. Jw J' Y t I 14 T)IJl' d.2•JI• It ..? d..ii•.J•Jl r.rn.r• + �>\\\ rt' / fdd//-/91J. y� • • I 515-450-o19 sl •'43o-01L 7 E. A W eN °JJJIN.w r S � W lIe L J } r EXHIBIT "A" 6 a� S h R SEWER REFUND AGREEMENT PLAT v SITE VICINITY MAP N.T.S. IIIIII IIIIII IIII IIIII IIIIIII IIII 111111 III Mill 11111111 11.127 2000 08 96A 42970'7 Y RECEIVED FOR RECORD AT 9:OOAM O'CLOCK F FREE RECORDING REQUESTED BY AND V5 EN RECORDED,MAIL TO: Q C T 05 1998 CITY OF PALM SPRINGS Ron Gilbreath - Sewer Constr ecordedin Official Records P.O.Box2743 Refund - Cantina Way fRlverslde county,calirornla Palm Springs,CA 92263-2743 AGREEMENT 2775 - Amended Attn: City Clerk Recorder R19345, 9-2-98 Fees$ (For Recorder's Use Only) AMENDED SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND RON GILBREATH s SEWER AGREEMENT NO. � --- THIS AMENDED AGREEMENT made and entered into this 2nd day of September, 1998, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and RON GILBREATH, hereinafter called the DEVELOPER. WHEREAS, the CITY has established a policy for sewer refund agreements and contributions for oversize sewer by City Council Resolution No. 13487 dated August 6, 1980 and Resolution No. 16031 dated October 15, 1986, which by reference are hereby made a part of this agreement; and WHEREAS, the DEVELOPER entered into Sewer Construction Refund Agreement No. 2775 ("AGREEMENT")per City Council Resolution No. 16917 dated October 4, 1989; and WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Parcel No. 513-430- 012, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part; and WHEREAS, the sanitary sewers that are the subject of the AGREEMENT (Off-Site Sewers) have been dedicated to public use by the DEVELOPER, and have been accepted by the CITY; and WHEREAS, the CITY has determined that benefit from the construction of the Off-Site Sewers will accrue to properties connecting to the Off-Site Sewer("PARCELS"); and WHEREAS, the AGREEMENT established assessments against parcels benefited by the construction of the Off-Site Sewers, based on a formula whereby the number of each Parcel's frontage on Cantina Way was multiplied by$ 126.643 per front foot including laterals; and WHEREAS, the method by which the assessments under the AGREEMENT were distributed to the Parcels was disproportionate to the benefits derived by the Parcels, based on each parcel's buildable square footage, from the construction of the Off-Site Sewers across the Parcel frontages, and WHEREAS, the CITY had determined that said benefit will be in direct proportion to Parcel Nos, 513-430-040, 513-430-001, 513-430-011, 513-430-019, and 513-430-018, as shown on Exhibit "A"; and WHEREAS, it is in the best interests of the DEVELOPER and the CITY to amend the AGREEMENT to provide for a more equitable apportionment of construction costs for the Off-Site Sewers to properties benefiting from the construction of the Off-Site Sewer; and NOW, THEREFORE, THIS AMENDED AGREEMENT WITNESSETH that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is hereby agreed that: SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit "A" abutting Off-Site Sewers shall pay to the CITY the amount shown herein, plus sewer connection charges in effect at such time prior to a pernvt being issued for connection to the Off-Site Sewers. Upon receipt of such payment CITY shall pay DEVELOPER the amount shown herein. The Assessment for Parcels is hereby established: 429707 4 ASSESSOR'S NO. ASSESSMENT COST 1. 513-430-040 $27, 111.73 2. 513-430-001 $27, 111.73 3. 513-430-011 $ 13,555.87 4. 513-430-019 $ 13,555.87 5. 513-430-018 $27,111.73 $108,446.92 The above assessments represent a proportionate redistribution of the costs of the construction of the Off-Site Sewers based on each Parcel's buildable square footage. As to Parcel Nos. 3 and 4 referenced above, the redistributed assessments were offset by a portion of the additional costs for the necessary construction of a lateral to effect connection to the Off-Site Sewer. SECTION 2. No Representations CITY makes no representation as to when, if ever, it will receive the above costs assessed on the Parcels. SECTION 3. Amendment The parties hereto mutually agree that this Amendment may be amended at any time by the mutual consent of the parties by an instrument in writing. SECTION 4. Integration It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. Any resolutions or actions of the Council inconsistent with the foregoing are hereby recinded to the extent of their inconsistency.This Amendment incorporates all the understandings of the parties. SECTION 5, Recordation The City Clerk shall record this AMENDMENT in the Recorder's Office of the County of Riverside, California. IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: (N 14ON GILBREATH ATTEST: Cl Y OF PALM SP C IFORNIA BY � ; City Clerk City Manage Reviewed and Approved By: Li City Attorney 2 • 0 429707 SugSCRIBING-WITNESS CERTIFICATE ("WITNESS JURAT") No 5908 State of California County of Riverside On this the 30th day of September 19 98 before me, the undersigned Notary Public, personally appeared MARNA VAN HORN NAME OF SUBSCRIBING WITNESS - ® personally known to me - O-R-=-©-pToved-to-rrre-,oTrit-e 6athtafftrm-atfiorr uf- -----------------------------------------------------tivho-is-persrnrallyknowrr to me; NAME OF PERSON(CREDIBLE WITNESS)WHO IDENTIFIES SUBSCRIBING WITNESS to be the person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes and says that �M/she) was present and saw RON D. GILBREATH p 1� NAME OF ABSENT PRINCIPAL SIGNER L.V rDFMND t� = the same person described in and whose name colULli r 6U �.�.%II r r,. Not�P�P,LI�rG—cerifomlo is subscribed to the within and annexed \":'r3 ERSID=couNv 7 instrument as a art thereto, Mycumm.E„F;reSr�s.ie7� }' partyexecute the same, and that said affiant subscribed 1Kb4Wher) name to the within instrument as a witness at the request of RON D. GILBREATH NAME OF PRINCIPAL SIGNER(AGAIN) SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ' ❑ CORPORATE OFFICER Amended Sewer Refund Agreement TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT ABSENT SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 0 • 429707 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal i f nrn i n County of Riverside On September 30 . 199beforeme, 7.1 ,91rip. i,. WedPkind , Notary Puhl1,c Dale Name and The of Cflicer(e g °Jane Doe,Notary Public") personally appeared Rob W. Parkins and Judith S imi cth Name(s)of Blanche) Mpersonally known tome—OR be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that tfe70VAhey executed the same in 10Vhur/their authorized capacity(ies),and that by xRGMUr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, r^ cnmlD t� executed the instrument. pt CaGfornlO WITNESS m hand and official seal. RIVET SILF COUNT Y 1 My COMM C loiros FEB 3 1999 Signiabre of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:61, Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association"8236 Rommel Ave,PC Box 71M•Canoga Park,CA 91309-7184 Prod No 6907 Reorder:Call Toll-Free 1-800-8]6-662] e . N aGs ►, ¢ .3 SE C.n g+'rn/ Are. 14 h y e; Offisi�/Rw.Jr R.r.Co. 2 � \y ,,,/ .�l r'..�f �•+77►wr►.r7'•i- 7s.r7• Js► fY i7,!!' r le to \ �� 1 I ! M is•i I ♦a.1.• � " v I -4W-OOI , I ~ y^7 T. a..ar• ° 04) / a.rs7r• '.'� •r I A.si•Jror. to, a` i UQ % ,f�/.72i" : `��\•ru• �aiT..o L..rrw.rnrr � ♦ .. - - -- ---- - ---- s er•rre aoe,pe• 43 Bo $0' 513-430-019 51 -430-011_ ' E. c r4 off CAMIHf w o: S L re WL 2 } e J EXHIBIT „A" :4 V" •4b a 3 z 0 �►`'��a* SEWER REFUND AGREEMENT PLAT SITE VICINITY MAP N.T.S. x Ron Gilbreath - Sewer Re mb. 675' installed in Cantina Way AGREEMENT #2715 R16917, 10-4-89 SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA, AND RON GILBREATH ` SEWER AGREEMENT NO. THIS AGREEMENT made and entered into this _25th _ day of September , 19 89 , between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and RON GILBREATH, hereinafter called the developer. WHEREAS, the DEVELOPER is., at the time of this agreement, the owner of Parcel No. 513-430-012 as shown on Assessor's Map, Section 27, Township 4 South, Range 4 East, San Bernardino Base and Meridian, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part WHEREAS, the CITY has established a policy for sewer refund agreements and contributions for oversize sewer by City Council Resolution No. 13773 dated April 15, 1981, which by reference is hereby made part of this agreement; and WHEREAS, said sanitary sewers have been dedicated to public use by the DEVELOPER, and have been accepted by the CITY; and WHEREAS, the DEVELOPER has submitted a financial statement of construction costs for said sewers from: DOLAN CONSTRUCTION CO. , INC. , Dated Sept. 12, 1989 copies of which are attached hereto, and marked "Exhibit "B", and made part of this agreement; and WHEREAS, the DEVELOPER, in accordance with the before mentioned Council proportion to the frontages of Parcels 513-430-001, 513-430-040, 513-430-011 513-430-012 and 513-430-019, as shown on Exhibit "A". NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is hereby agreed that developers, owners, or lessees of lots shown on Exhibit "A" abutting said sewer shall pay to the CITY the amount shown herein, plus sewer connection charges in effect at such time prior to a permit being issued for connection to said sewer. Upon receipt of such payment CITY shall pay to DEVELOPER the amount shown herein. The Assessment for Parcels is hereby established: $126.643 per front foot including laterals ASSESSORS NO. FRONTAGE ASSESSMENT COST 513-430-001 335.53 FT. $ 42,492.52 513-430-040 426.99 FT. $ 54,075.29 513-430-011 50.00 FT. $ 6,332. 15 513-430-012 106.83 FT. $ 13,529.27 513-430-019 43.80 FT. $ 5,546.96 963.15 FT. $121,976.19 IN WITNESS WHEREOF, the CITY ,and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: (N9MBy L €) �J i� RON GILBREATH ATTEST: ,CITY OF PALM SPRINGS, CALIFORNIA By C / City Clerk .4,„,,,City Manager GENERAL ACKNOWLEDGMENT NO 201 1 State ofE.�.,�Z�i� ^On this the` .J day of �.�"_ 4yJv /Io -�f-iy 19 , before me, o� County of � . i SS. � �G . c^� i-?/N'C `� l '�Cr�i�le��4✓2i�— m)3 , (hlJ the undersigned Notary Public, personally appeared O h 1 o' E ff. n1 —Fk'—S o'oJ"w Jef f'a 6S.>9' ai �Y Nl1 TJwlLq'. /J.S]' w \� 'tv � \ 3el:f>E a .i+• U /Y 30.31 d6��.✓,+4) eel A ,a'r!u.E. � • ,� T•F1AJ' /eats, rE .3 pear•aa er'��� � ,��• ,� �1,G � r..,.ao' a Cry ♦ 5 �^ C �••I7%!iz" n ~�� R.re• •�D R.�o Eur.vr.vr V 4 l n ��� � 45��•+ V n- )60' see'sv'E loo.00- g3f3oS,•6' 1 rl3 �F3fl-fll03-43�-A� E, P61 UNYON s J = � e � JOLAN CONST-kXCTION CO. , IN.,. l I RECEWED i RECEIVED January 15, 1990 AN 2 2 1999 JAN 171990 CITY CLERIC CITY OF PALM SPRINGS ENGINEERING City of Palm Springs Engineering Division Attn: Tom Cartwright P.O. Box 1786 Palm Springs, Ca. 92263-1786 r + l i Dear Tom, Enclosed please find releases for the sub-contractor we contracted with on the sewer line construction on Catina Way and South Palm Canyon . I have also included a cost breakdown of construction cost for your use. If you need any additional information to complete your paperwork, let me know. It's been a pleasure working with you and I hope to work with you again in the future. Sincerely, DOLAN C�S CTIO Michael E. Dolan President (619)568-6556 ❑ 75-101 SEGO LANE, SUITE B❑ PALM DESERT,CALIFORNIA 92260❑LIC.#406583/FAX 568-5692 'TiOUCel ION CO, , 4 January 15, 1990 Ron Gilbreath Palm Springs, Ca. Re: Cantina Way Sewer Construction - Final CONSTRUPTJON COST BREAKDOWN n r Sewer Line Construction (Jim Reynolds) 99,745.00 Fire Department Fees 3,232.02 Water Agency Fees 268.00 , Surveying (Wayne A. McGee) 1,135.00 Asphalt Patch (Sunair Paving) 10,893.80 Permit Fees (City of Palm Springs) 2,250.00 6 Potable Toilet 192.57 Concrete Cross Gutter (Dolan Construction) 610.00 Sub-Co Cal 118,056.39 Supervision 1,000.00 + OH&P 10,000.00 Total Job Cost 129,056.39 9 i L (619)568-6556 ❑ 75-101 SEGO LANE, SUITE B ❑ PALM DESERT,CALIFORNIA 92260 ❑LIC.#406583/FAX 568-5692 J • a '69 12/14 11 : 41 $ 12139214'+64 Rips Backhoe 01 UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (Caiifernla Civil Code §3?82(d)(Y)) The undersigned has been paid and has received a progress payment In the sum/oaf$ 7✓r�G�4Q for labor, services, equipment or material furnished to �/a 2t 5L R, e (Your Cwtomoo on the job of aze a �o vITkuc rl located at _ ceC 5 (ownM (Job Ooeri on) —__ and does hereby release pro tanto• any mechanic's Ilan, stop notice, or bond right that the undersigned has on the above referenced job to the following extent.This release covers a progress payment for labor, services, equipment or material furnished to t1 " -.Cv✓g through FT only and does not cover any retention (oaq or items furnished after that date. Dated; /09 — �q _ _. _+ 6y L6cs�a'r'rT ( ud NOTICE TO PERSONS SIGNING THIS WAIVER; THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 'For so much, for as much as may be; as far as it goes. NOTE:This Iorm of release complies with the require men is of Civil Code Section 3262(d)(2).It is to be used to releaseciaims to theertent that a progress payment has actually been received by the releasing party. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LA130A FOR WAGES ._ _...- ----- -WOLnOM FOgL19'JL4Y—I/YGGNDIilON�1L WAIVER NNpIIEIE/1111VIIN Pg11Gq[SS�.v..c.l+ w. .nc lPnci*as Y21 IV + JAN 13 1990 CiTy OF Pt LM SPRINGS w ■ 't Emla O � �1 SAND AND ROCK' CO. I grading -paving contractors 43850 MONROE • P.O. BOX 11767 • INDIO, CA 92202 • TEL. (619) 775-8200 • FAX 1{619)347.7007 UNCONDITIONAL WAIVER AND RELEASE UPON ]FINAL PAYMENT (Civil Code §3262) The undersigned has been paid in full for all labor, services, equipment or material furnished to M & J Pipeline _on the job of Gilbreath (Your Customer) (Owner) located at Cantina & So. Palm Canyon, Palm Springs and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for extra work in the amount of$ —0— Dated: 12/05/89 _Massey Sand & Rock CO. (Company Name) By: eti �?,c...ao (Titl6 NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. This document is enforceable against you if you sign it, even if you have not been paid. If you have not been paid, use a conditional release form. NOTE: This form of release complies with the requirements of Civil Code §3262. It is not effective wail the check that constitutes final payment has been properly endorsed and has cleared the bank. • o RELEASE FORM 4 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Civil Code §3262(d) (4) ) The undersigned has been paid in full for all labor, services, equipment or material furnished to M & J Pipeline (Your Customer) on the job of _ Ron Gilbreath (Owner) located at Palm Springs, Cantina Way and South Palm Dr. (Job Description) and does hereby waive and release any right to a mechanic' s lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of b -0- Dated: November 20, 1989 Liberty Pipe & Supply Company Name) By —_ President Tlt e) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirem.Q.nts of Civil Code Section 3262(d) (4) . UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code §3262(d)(4)j The undersigned has been paid in full for all labor, services, equipment or material furnished to ° 0 -� v_ _ on the job of (Your uslomep n IOwneO located at ^~M (Job D� crIpllan and does hereby waive and release any right to a mecd anic's lien, stop notice, or any right gainst a labor and material bond on the job, excerpt for disputed claims for extra work in the amount of Dated: �2La�,.✓e 4 �9 �r/�1 _ u s 7- . mpan,Name By dice v -Y Mile) NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM . NOTE:This form of release complies with the requirements of Civil Code Section 32621d)(4). USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES WOLC07S FORM 32624—UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENI—Rw 1 65 t9d',bOICOr'S 4C (puce class 7-2) t f A -- ----------------- ------------------------------------- T4No . Jan 03 , 90 9 :50 P . 02 Inland RELEASE U4 Concrete Enterpri!;es, Inc. 2434 RLM1rx)VX RLvn. (114)700.9720 RIVERSIDE.CALIF GRNIA B]5C19 r UNCONGTTIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [Civil Code 32621 The undea4L9ned hua been pa%d iir fu.0 fort all labon, aenvLcm, egufpimmt on matcnLal funny'-aped tv M&J Pipeline on the yob of Roo Gi 1 Erna+-h located at AD 148 Cantina Way Palm �ypm¢5 ._wand doe4 Aerteby waLve and neleuar- UAY ALgk to a mechanLC1-4 lei.n, atop nafice, vA anp AL It ayafrut a labor and mcrteni-al band on the yob, except fvn diaputed clabM fon extAa wvAle Ln the amount of Duted: l I Z20189 Inland Concne& &ieapnLae4, faC. iAeLfn nanp boti.ce r� aa47� 1 � lLfle Asst 'v}ca P�E;ei � « nt aecvad date_ un uaA/ 141 0 aat vice. pne4Ldent ::OTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STA ES THAT YOU IIAVI? 11P;ISN PA1'n I'Olt GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU TP YOU SIGN .I.T,EVRN 1P YOU HAVE NOT BEEN PAID, IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE; This form or Ceaease complies 'with the CequiCements at Civil Cade 3262. It is not effective until the check that constitutes final payment has been properly cleared the bank. 9 +'v �A american (�'�Dn--C�rle z� LEA �° "Serving our Customers' Needs'" � F�t�e �"• ASSPCIilIDn 7, �P Y inland � RELEASE H4 Concrete Enterprises, Inc. 24U RUBIDOUx ELVa. (774)780.9720 RIVERSAX,CALII:ORNIA 97599 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [Civil Code 32621 The undeuaLgned has been paLd in (u.L.l �0/4 a.JJ ,Cabot, aenvCcea, epEpmen4 on mafcnial. Annl,�hed to M&J Pioeline on fhk: job 0� Pon Ci 1 c_�rpath located at Al 148 Cantina Way Palm� e ing,5, CaP1zd doea Aeneby "z4ve and nc.l?nno. any aL�At to a mechantc`A .lei.n, ntOp rWtLCe, on any 44yk gaLnat a )abon and m0en4xlL bond on the job, except PA 4APUted claim �Un extna wonft Ln fhe amount 4 bated: 11 /2 /Qgg IdWtd l.anenete &4CApnCaea,lnc. Bp: - Pne.l minaay NofLce # 24475t9 , • per iaEE,nt aecort l tlafe fwtuurt ��0_ �_ By: <. Uat vice pne,4UL NOTICE : THIS DOCUMENT WAIVES I3JCFiT5 UNCONDITIONALLY AND STAJfFeS THAT YCtU HAVE, iWA-:N VAln FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT I,S ENFORCEABLE AGAINST YOU IF YOU SIGN IT,I':VIN 1P YOU HAVE NOT BEEN PAID. IF .YOU HAVE NOT BEEIN PAID, USE A CONDITIONAL RELEASE FORM, NOTE: This form of reaease complies with the requirements of Civil Code 3262. It is not: effective until the check that constitutes final payment has been Properly endorued ind lm, ; cleared the bank. A\0aAL PR,,0 Q 9� .+ amcrican (��onrrete z' "Serving our Customers' Needs"" 4 �iP` a33ac1a11on SA TE Aa60CI% Z0 ' d 217 : OT 06 ' £0 • o Unconditional Waiver and Releaso THE UNDERSIGNED DOES HEREBY WAIVE AND RELEASE ANY RIGHT TO A MECHANIC'S LIEN OR STOP NOTICE, OR ANY RIGHT AGAINST A LABOR AND MATERIAL BOND FOR LABOR, SERVICES, EQUIPMENT OR MATERIAL FURNISHEDTO hlo (J Ca©E lfyiUC+ 60 FORTHEJOSOF )ownap LOCATED AT CAiI{ tl��c �J���� �� Maul. M'e�(..W� CYAwpo "o DATE: l — ( - ntr ,C m�n/�/Cr:/�lame) n / G� 1r v Tille BMOCA FORM&A(Rov.F,76) San. 16 '90 10:05 6913 DOUG MARTIN CONTP.RCTING TEL 213-691-9840 P. 1/ 2 00UG MARTIN CONTRACTING CO., INC, P.O.BOX 3590 1.A KARRA,CAUFORNIA 9=2 4:213)4014UO Fax: (213) 691-3708 E T'Fi.LNSMIT"TING VIA FACSIMILE UNIT CITY OF PALM SPRIh1GS.. DAi Jan. 12, 1999 ENGINEERING 902_ Clmyrt,OF PALM SPRINGS g .'I0N TOM fAR'TWRIGHT 5T C_fa't'1i—j11,TB PHONE NO. : 734 YRO'io DOUG D1h.1U'1IIN TOMl QThis is a sununary of the calls we received from the residents of :Palm Springs during IA] e week of' January q,, 1990 to January 12, 1990. If you have any questions Please do not hesitate to cs,11. II Doug H wu m),, ,�'9 2 (INCLUDES TRANSMITTAL PAGE) AC`sCNO1 F�,DG:LMENT REQUIRED; Yes X No 7ari. 16 '90 113:06 6919 DOLJG MRP..TiN CONTP.RCTING TEL 213-691- P. 2/ 2 1-8-90 Mr. Jan Haasnan San Antonio Rd. 6z9--327-52o4 Mrs. I3assman needs to leave for the hcspil;al on the day them street is scheduled (1-10) they do not know the time as yet. Mrs. Hassman has a, doctors appointment to, day in the afternoon. I called back at 4;30 pM to find out the time so we could keep her street open until after she let. The crew was notified„ har street was done I.ater that day. 1-8- Walter WallP . . . .checking to see whats going on and how long it will take, 1-B- Women on Acacia called to say she is so happy to have her street donel 1-9- Vencentia S`I„ R"ident, . . . . , .general information 1-11- Mr, Rice Viminal St. stated there was slurry on his grass and curb, The crew was notified and tb- slurry was removed from the curb. (we dadnrt do anyth:i. , ,,,-ith the grass )mowing it would wash, o££, or be gone after r wing) Mr. Rice called back saying no one contactec, I explained the crew had been out to remove the slurry fr°(;,;i: the curb. Ho stated he wanted a verbal apo],ogy. I 429707 RECEIVED FOR RECORD AT 8:00AM O'CLOCK f FREE RECORDING REQUESTED BY AND WHEN RECORDED,MAII,TO: 0 C T 05 1998 CITY OF PALM SPRINGS Ron Gilbreath - Sewer COnStr ecorded in official Records P.O.Box2743 Refund - Cantina Way f Riverside County.California Palm Springs,CA 92263-2743 AGREEMENT 2775 - Amended Recorder Attn: City Clerk R19345, 9-2-98 Fees$ Ls- (For Recorder's Use Only) AMENDED SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND RON GILBREATH SEWER.AGREEMENT NO. Q-7 THIS AMENDED AGREEMENT made and entered into this 2nd day of September, 1998, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and RON GILBREATH hereinafter called the DEVELOPER. WHEREAS, the CITY has established a policy for sewer refund agreements and contributions for oversize sewer by City Council Resolution No. 13487 dated August 6, 1980 and Resolution No. 16031 dated October 15, 1986, which by reference are hereby made a part of this agreement; and WHEREAS, the DEVELOPER entered into Sewer Construction Refund Agreement No. 2775 ("AGREEMENT") per City Council Resolution No. 16917 dated October 4, 1989; and WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Parcel No. 513-430- 012, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part; and WHEREAS, the sanitary sewers that are the subject of the AGREEMENT (Off-Site Sewers) have been dedicated to public use by the DEVELOPER, and have been accepted by the CITY; and WHEREAS, the_CITY has determined that benefit from the construction of the Off-Site Sewers will accrue to properties connecting to the Off-Site Sewer("PARCELS"); and WHEREAS, the AGREEMENT established assessments against parcels benefited by the construction of the Off-Site Sewers, based on a formula whereby the number of each Parcel's frontage on Cantina Way was multiplied by$ 126,643 per front foot including laterals; and WHEREAS, the method by which the assessments under the AGREEMENT were distributed to the Parcels was disproportionate to the benefits derived by the Parcels, based on each parcel's buildable square footage, from the construction of the Off-Site Sewers across the Parcel frontages, and WHEREAS, the CITY had determined that said benefit will be in direct proportion to Parcel Nos. 513-430-040, 513-430-001, 513-430-011, 513-430-019, and 513-430-018, as shown on Exhibit "A'; and WHEREAS, it is in the best interests of the DEVELOPER and the CITY to amend the AGREEMENT to provide for a more equitable apportionment of construction costs for the Off-Site Sewers to properties benefiting from the construction of the Off-Site Sewer; and NOW, THEREFORE, THIS AMENDED AGREEMENT WITNESSETH that for good and valuable onnairlaratinn flip rrrrint anrd anfr'irir+nry nf,A,;A is lharPlhv arUnna.laAnaA a.A 7n rr",. • 4NJ 0 ASSESSOR'S NO. ASSESSMENT COST 1. 513-430-040 $27, 111,73 2. 513-430-001 $ 27, 111.73 3. 513-430-011 $ 13,555.87 4. 513-430-019 $ 13,555.87 5. 513-430-018 $27,111.73 $108,446.92 The above assessments represent a proportionate redistribution of the costs of the construction of the Off-Site Sewers based on each Parcel's buildable square footage. As to Parcel Nos. 3 and 4 referenced above, the redistributed assessments were offset by a portion of the additional costs for the necessary construction of a lateral to effect connection to the Off-Site Sewer. SECTION 2. No Representations CITY makes no representation as to when, if ever, it will receive the above costs assessed on the Parcels. SECTION 3. Amendment The pai ties hereto mutually agree that this Amendment may be amended at any time by the mutual consent of the parties by an instrument in writing. SECTION 4. Inte agr tion It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. Any resolutions or actions of the Council inconsistent with the foregoing are hereby recinded to the extent of their inconsistency.This Amendment incorporates all the understandings of the parties. SECTION 5. Recordation The City Clerk shall record this AMENDMENT in the Recorder's Office of the County of Riverside, California. IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: (N ON GffAREATH ATTEST: CI OF PALM SP C IFORNIA By City Clerk City Manage Reviewed and Approved By: (�jl City Attorney • 0 429707 'SUBSCRIBING-WITNESS CERTIFICATE ("WITNESS JURAT") No 5908 State of California County of Riverside On this the 30th day of September 19 98 before me, the undersigned Notary Public, personally appeared MARNA VAN HORN NAME OF SUBSCRIBING WITNESS ® personally known to me - (M-=-©-pToved-to-rrre-aTTitrg 6athtafftnn-atfon-uf- -------------------------------------------------------wholspeistnra fy-know rtame; NAME OF PERSON(CREDIBLE WITNESS)WHO IDENTIFIES SUBSCRIBING WITNESS to be the person whose name is subscribed to the within instrument as a witness thereto, who, being by me duly sworn, deposes and says that �Wshe) was present and saw RON D. GILBREATH NAME OF ABSENT PRINCIPAL SIGNER CI_'h"c L.WEDFKIND same the person described in and whose name F s - calrea.;; ica;.�sr Not PuUic—California is subscribed to the within and annexed �"'", ,�% P4IVEPSIDE COUNTY , MVComm.e:,olrea FEB 3.79 ? instrument as a party thereto, execute the " -' -� -� same, and that said affiant subscribed ft#her) name to the within instrument as a witness at the request of RON D. GILBREATH _ NAME OF PRINCIPAL SIGN7(AGAIN) SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Amended Sewer Refund Agreement TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT ABSENT SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91 3 0 9-71 84 0 4x'c':970rl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On September 30, 190 beforeme, Flnine i,- Wedekind , Notary Puhli,c Dale Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Rob W. Parkins and Judith Sumi ch Name(s)of Signer(s) personally known to me be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that ?W01Mhey executed the same in 11MM74r/their authorized capacity(ies), and that by XNX11w/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,/o; Fl;,;;,—Call rornia WITNESS m hand and official seal. � RPJERSIUE COUNTV 7 Y 14'it!z My Comm.Expires FED 3,1999 i Signal re of Notary Public — OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ✓ Il/L� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservatorlveiall ❑ Guardian or Conservator ❑ Other; Top of thumb here ❑ Other. Top of thumb here Signer Is Representing: Signer Is Representing: 01994 Notarial Notary Assoclatien•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder:Cell Toll-Free 1-B00-876-6827 • 4 3 o h � l SE Crn Rr.ce/ /ti,r.+�r� h . ' •v oft.+../Rw..Ii R,r.C.. �,: l• ;.+'rl.,t N,1'J,ivlf..J•; rJ I'm /J.,1' 3 SJ• 1. ` /.((ya ' •1 I -430-001 I (Trr•.r/J � t• •<� 1. : ''t ''s''i 1� - � -- a a ��.r / • /� 4 \ U; fj -�J%Ili'• -. `\\ '�•lI' 7��Q/f.AO LA/LMINT `I r.Jr.st• - /JSJ• 1r ror..cn' s errrc leo.aw• 43 80 $0' • � I 515-450-0 5 FS1 -430-011_ �11 E. pl UW ON �fAJIN\ N o s 3 FREE RECORDING REQUESTED BY DOC 2000-4G9125 11/27/2000 08:00A Fee:NC AND WHEN RECORDED, MAIL TO: Page 1 of 7 Recorded in Official Records CITY OF PALM SPRINGS County of Riverside P.O.Box 2743 Palm Assessor, County Clerk 1, Recorder Attn:SPr'City Clerk ngs, CA 2263-2743 I IIIIII IIIIII IIII IIIII IIIIIII IIII IIIIII III IIIII IIII IIII Ron Gilbreath — Sewer Constr -- - Refund AGREEMENT #2775 AMEND #2 R19926, 10-18-00 M $ 1 PAGE SRE DA PCOR NOCOR SMF MISC F A ---R HLFT- Stpy LONG I AG SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND RON GILBREATH SEWER AGREEMENT NO. I �?77�® THIS AMENDED AGREEMENT made .and entered into this 1 47ay of llwmln . 000, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and RON GILBREATH, hereinafter called the DEVELOPER. RECITALS WHEREAS, the DEVELOPER entered into Sewer Construction Refund Agreement No. 2775 ("AGREEMENT") per City Council Resolution No. 16917 dated October 4, 1989; and WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Parcel No. 513-430- 012, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part; and WHEREAS, the CITY determined that a more appropriate measure was based on each Parcel's buildable square footage rather than the construction of the Off-Site Sewers across the Parcel frontages, and on September 2, 1998 so amended the AGREEMENT; and WHEREAS, the CITY has further determined that additional lots not listed below can also access the Off-Site Sewers and may be added to the AGREEMENT; and WHEREAS, it is in the best interests of the DEVELOPER and the CITY to amend the AGREEMENT to provide for the redistribution of cost per parcel as additional lots connect to the 1 Off-Site Sewers, thereby providing a more equitable apportionment of construction costs for the Off-Site Sewers to properties benefitting from the construction of the Off-Site Sewers; and NOW, THEREFORE, THIS AMENDED AGREEMENT WITNESSETH that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is hereby agreed that: 1. Section 1 of the AGREEMENT shall be amended and superceded by the following: SECTION 1. Assessments. (a) Parcels Shown on Exhibit "A". Any developer, owner, or lessee or person or entity having an interest in the real property (collectively "Applicant") of lots shown on Exhibit "A" abutting Off-Site Sewers shall pay to the CITY the amount shown herein, plus sewer connection charges in effect at such time prior to a permit being issued for connection to the Off-Site Sewers. Upon receipt of such payment CITY shall pay DEVELOPER the amount shown herein. Lot 3 (APN 513-430-018) paid it's assessment of$27,111.73 on Jan. 24, 2000. Subject to Section 1(b) herein, the Assessment for Parcels is hereby established as follows: ASSESSOR'S NO. ASSESSMENT COST 1. 513-430-040 $27,111.73 2. 513-430-001 $27,111.73 3. 513-430-011 $13,555.87 4. 513-430-019 $13,555.87 Assessment Balance $81,335.00 The above assessments represent a proportionate redistribution of the costs of the construction of the Off-Site Sewers based on each Parcel's buildable square footage. As to Parcel Nos. 3 and 4 referenced above, the redistributed assessments were offset by a portion of the additional costs for the necessary construction of a lateral to effect connection to the Off-Site Sewer. The above assessments shall be proportionately reduced upon the connection of additional lots to the Off-Site Sewer and under the formula set forth in subsection 1(b) below. I 2 I IIIIII IIIIII III IIII III I I II I II III C II III i I/00H 00 08c R o£ 7 (b) Redistribution Based on Addition of Parcels Not Shown on Exhibit "A". Should an applicant of a lot not shown on Exhibit "A" seek to connect by lateral to the Off- Site Sewer, such Applicant shall pay to the CITY the amount pursuant to the formula set forth in this Section l(b), plus sewer connection charges in effect at such time prior to a permit being issued for connection to the Off-Site Sewers. Upon receipt of such payment, CITY shall pay DEVELOPER the fee paid by such Applicant. The formula for adjustment of the assessments shall be as follows: The balance of the Total Assessment Cost of $81,335.00 set forth in Section 1(a) above, remaining at the time,of the proposed lateral connection ("Assessment Balance") shall be redistributed equally by the total of (i) the remaining number of lots included on Exhibit "A" not connected to the Off-Site Sewers as of the date Applicant seeks the connection with APNs 513-430-011 and 513-430-019 considered as one lot for this calculation thereby making their individual total assessment one half of the standard per lot assessment, plus (ii) the number of Excluded Parcel(s) requesting connection. 2. Full Force and Effect.Unless specifically amended herein, all terms and conditions of the AGREEMENT shall remain in full force and effect. 3. Recordation The City Clerk shall record this AMENDMENT in the Recorder's Office of the County of Riverside, California. I IA I 3 III III II II III I I I I II II I f I II 11 27, 000&8 UUr3R of 7 IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. CITY: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA a municipal corporation CityClerk City Manager APPROVED AS TO FORM City k for "i y DEVELOPER: RON GILBRE H /Ron Gilbreath APPROVED) O" `HLG g (mrf CgGIUmm 4 1111II II I'll II ;�»1-4 9125a�a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I' State of California County of Riverside ss. On a7 o0D , before me, Margot C. Desrosiers . Notary Puhlir I, Date � Name antl Title of Officer(e.g,"Jane Doe,Nolary Public") personally appeared L/�e , N9me(e)of Signer(s) ❑ personally known to me T proved to me on the basis of satisfactory evidence to be the person(aj whose name(*) is/=:e subscribed to the within instrument and acknowledged to me that he/s4e4�rey executed the same in his/#ef thaiT authorized capacity(ies), and that by his/4e4t4ei AAARGOT C DFSRO511 signature,sfon the instrument the person(s , or _ (�j Commbdon012659:IB the entity upon behalf of which the person Notcq hiNc-Calftril y mvwdJe ft acted, executed the instrument. AAyCOmm' rasJ WITNESS my hand and fficial seal. �I Place Notary Seal Above SgnaWre of Nolary Public OPTIONAL 1. Though_the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached oc a it Title or Type of Document: �iIL�.P,%f" U Document Date: ° Number of Pages: l ,. Signer(s) OYherfP7han Nam bo I I Capacity(ies) Claimed by Signer Signer's Nanne: I ❑ Individual 'I Top of thumb here ,) ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited El General ❑ Attorney in Fact ❑ TrusteeI li ❑ Guardian or Conservator ❑ Other: I i' Signer Is Representing: I 01999 Na0onal Nolary AssoalaUen•9350 De Soto Ave,PO.Box 2402•Chalswotllt.CA 91313 2402•eww.nallonalnolaryorg Prod! No.590> Reorder Call Toll Free l-00b976 6027 II I II III III I II IIII I III II III I IIII III III at 5'off 7�Sel,F i"�,$A� CALIFORNIA ALL-PURPOSPAACKNOWILEDGMENT No 5907 State of C°��2.L ✓���� <<� County of Lac:re S- I t)�f On ,Gls"'Wt Zwe& 051- ?ucaz, before me, Z --/&iOlraiZ� DATE NAME,TITLE OF OFFICER-E G,"JANE DOE,NOTARY PUBLIC" personally appeared -1>/)-dn6 />= ; 'i ✓>��� : f;i i'- NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persor's whose nam<�Tiskalo subscribed to the within instrument and ac- knowledged to me that he/sh fho executed the same in his/her/� 11 tr, authorized capacity�i� )>, and that by his/her/fir ,.;. Nicholas S. Singer- signature&on the instrument the person-s�„ Comm.#1161359 /� NOTARYPUeLIC CALIFORNIAI/ or the entity upon behalf of which the RIVERSIDE COUNTY 0 personr.y)acted, executed the instrument. ,F Comm Exp.Nov 10 2001 1 R , a WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ^' ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: r, DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(5)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remme[Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Il 111111Ill 11111111 111111111111 11 t t6 Oa9�ss�rR , 9 ' _ o 2 leo yM earn>r� � Z n ' •y h e Q` •V��� 2•/ ,�' SI -450-040 t•� �./1j�/I•il / G� �a%I•.�o c.rc•..r..r �. r.i%n• i+• �7�` /� `//Y 5`�fEd reaso' � •+ed fib 515-43o-015 51 -450-0IL (I! o ff W EXHIBIT ► A►► x s $ SEWER REFUND AGREEMENT PLAT v 51TE VICINITY MAP N.T.S. 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