HomeMy WebLinkAbout10/18/2000 - STAFF REPORTS (15) kr
DATE: October 18, 2000
TO: City Council
FROM: City Engineer
SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT
BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND RON
GILBREATH FOR OFF-SITE SEWERS IN CANTINA WAY SECTION 27, T 4 S, R
4 E.
RECOMMENDATION:
It is recommended that the City Council approve the attached resolution
approving a Second Amended Sewer Construction Refund Agreement between
the City of Palm Springs and Ron Gilbreath for Off-Site Sewers in Cantina Way
and direct the City Clerk to record said agreement in the Office of the Recorder
of Riverside County, California.
BACKGROUND:
Under the terms of the Amended Sewer Construction Refund Agreement,
property owners fronting on the sewer that has been constructed are required to
reimburse the City prior to the issuance of a Sewer Construction Permit, in
accordance with the fees set forth in the Agreement. The reimbursement is a
proportionate share of the construction cost of the sewer. Upon receipt of the
fiords, the City reimburses the owner for the amount shown in the Sewer
Construction Refund Agreement.
The existing Amended Sewer Construction Refund Agreement No 2775, per City
Council Resolution No. 19345 dated September 2, 1998, provided for
apportionment of construction costs for the Off-Site Sewers to properties
benefitting from the construction of the Off-Site Sewer.
Staff, in conjunction with the City Attorney, has determined that a few additional
lots not listed below may also access the Off-Site Sewers and may be added to
the Agreement should their owners so desire. It was also determined that 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 in the event additional lots wish
to connect to the Off-Site Sewers.
1 �a �
The current assessments are as follows:
Assessor's Parcel No. Assmt. 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 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) of the Agreement.
In the event additional lots apply to access the Off-Site Sewers, each parcel,
including any added parcel(s), shall pay to the City said reduced assessment
amount plus sewer connection charges in effect at such time prior to a permit
being issued for connection to the Off-Site Sewers.
It has been determined by staff that 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 benefitting from said
construction.
David J. Barakian
City Engineer
y
APPROVED:
Cit�G anager
ATTACHMENTS:
1. Amended Sewer Construction Refund Agreement
2. Resolution
REVIEWED BY DEPT.Of FINANCE
2 A X**a
FREE RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
CITY OF PALM SPRINGS
P.O. Box 2743
Palm Springs, CA 92263-2743
Attn: City Clerk
(For Recorder's Use Only)
SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN
THE CITY OF PALM SPRINGS, CALIFORNIA AND RON GILBREATH
SEWER AGREEMENT NO.
THIS AMENDED AGREEMENT made and entered into this day of , 2000,
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 I 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,Tan. 24, 2000.
Subject to Section I(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.
2 SAY
(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 comiection 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 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.
/ally
3
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 City Manager
APPROVED AS TO FORM
City Attorney
DEVELOPER:
RON GILBREATH
By:
Ron Gilbreath
1�14�
4
¢ 9
,r \_
♦\ —IL �j p �J.A•
�• Ste. • Y'Q� �� i' .' � A .•1 i\
.a.I. Q
`i� 'ti bevy I -430-001 ` \ I
sl �.�� � 2 I� u yM �/ \♦\I
r.aJ,ar• :T �
VIP h
T...., 1 �.34 L .� � • 'l
51 -430-040
/J31
roa,ln' •\i nYo'
J eT•n'c l..oo' 4380 50'
• • i
5D--430-019 sl -430-011_ \I
E. p CAN ON
! u wl W
� W
i
EXHIBIT "Alf
d ;
�4�• A SEWER REFUND AGREEMENT PLAT
v
SITE
VICINITY MAP I
N.T.3.
i
AFFIDAVIT
OF
MAILING NOTICES
1, the undersigned City Clerk of the City of Palm Springs, California, do
hereby certify that a copy of the Notice of Public Hearing before the City
Council of the City of Palm Springs, in conjunction with the Second
Amended Sewer Construction Refund Agreement between the City of Palm
Springs and Ron Gilbreath, was mailed to each and every person set forth
on the attached list on the 2nd day of October, 2000. A copy of said Notice
is attached hereto. Said mailing was completed by placing a copy of said
Notice in a sealed envelope, with postage prepaid, and depositing same in
the U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Pahn Springs, California, this 2nd day of October, 2000.
PATRICIA A. SANDERS
City Clerk
NOTICE OF PUBLIC HEARING
GILBREATH SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT
Parcel Number: 513-430-040
Record Ovmer: Mr and Mrs Derck H. Davis
Address: 363 Vista Baya
Newport Beach, CA 92660
Phone: 714-548-1300
NOTICE IS HEREBY GIVEN that on October 18,2000, at the hour of 7:00 p.m. or as soon
thereafter as possible, the City Council of the City of Palm Springs will hold a public hearing with
respect to the consideration ofthe Second Amended Sewer Construction Refund Agreement between
the City of Palm Springs,California and Ron Gilbreath("Amendment")to provide for a mechanism
whereby additional lots not listed in the previous agreement approved by the City Council on
September 2, 1998 may be added to the Agreement and to provide for the redistribution of cost per
parcel as additional lots connect to the Off-Site Sewers.
The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will
be held at the Council Chambers of the City of Palm Springs,located at 3200 East Tahquitz Canyon
Way, Palm Springs, California 92262. Interested persons wishing to express their views on the
consideration of the Second Amendment will be given the opportunity to do so at the public hearing
or may,prior to the time of the public hearing, submit written comments to David J. Barakian, City
Engineer, Engineering Department, City of Palm Springs, 3200 E. Talquitz Canyon Way, Palm
Springs, California 92262, telephone number(760) 323-8253.
NOTICE OF PUBLIC HEARING .
GILBREATH SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT
Parcel Number: 513-430-019
Record Owner: Mr and Mrs Randall C. Smith
Address: 1317 Ross Street
Petaluma, CA 94954
Phone: N/A
NOTICE IS HEREBY GIVEN that on October 18,2000, at the hour of 7:00 p.m. or as soon
thereafter as possible, the City Council of the City of Palm Springs will hold a public hearing with
respect to the consideration of the Second Amended Sewer Construction Refund Agreement between
the City of Palm Springs,California and Ron Gilbreath("Amendment")to provide for a mechanism
whereby additional lots not listed in the previous agreement approved by the City Council on
September 2, 1998 may be added to the Agreement and to provide for the redistribution of cost per
parcel as additional lots connect to the Off-Site Sewers.
The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will
be held at the Council Chambers of the City of Palm Springs,located at 3200 East Tahquitz Canyon
Way, Palm Springs, California 92262. Interested persons wishing to express their views on the
consideration of the Second Amendment will be given the opportunity to do so at the public hearing
or may, prior to the time of the public hearing, submit written comments to David J. Barakian, City
Engineer, Engineering Department, City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262, telephone number(760) 323-8253.
NOTICE OF PUBLIC HEARING
GILBREATH SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT
Parcel Number: 513-430-018
Record Owner: Mr and Mrs Joseph Deluca
Address: 2548 N. Whitewater Club Dr., # A
Palm Springs, CA 92262
Phone: 760-323-7598
NOTICE IS HEREBY GIVEN that on October 18,2000,at the hour of 7:00 p.m. or as soon
thereafter as possible, the City Council of the City of Palm Springs will hold a public hearing with
respect to the consideration of the Second Amended Sewer Construction Refund Agreement between
the City of Palm Springs,California and Ron Gilbreath("Amendment')to provide for a mechanism
whereby additional lots not listed in the previous agreement approved by the City Council on
September 2, 1998 may be added to the Agreement and to provide for the redistribution of cost per
parcel as additional lots connect to the Off-Site Sewers.
The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will
be held at the Council Chambers of the City of Palm Springs,located at 3200 East Tahquitz Canyon
Way, Palm Springs, California 92262. Interested persons wishing to express their views on the
consideration of the Second Amendment will be given the opportunity to do so at the public hearing
or may,prior to the time of the public hearing, submit written comments to David J. Barakian,City
Engineer, Engineering Department, City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262, telephone number(760) 323-8253.
NOTICE OF PUBLIC HEARING
GILBREATH SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT
Parcel Number: 513-430-001
Record Owner: Sunset Partners
Address: 8295 S. La Cienega Blvd.
Inglewood, CA 90301
Phone: N/A
NOTICE IS HEREBY GIVEN that on October 18,2000, at the hour of 7:00 p.m. or as soon
thereafter as possible,the City Council of the City of Palm Springs will hold a public hearing with
respect to the consideration ofthe Second Amended Sewer Construction Refund Agreement between
the City of Palm Springs,California and Ron Gilbreath("Amendment")to provide for a mechanism
whereby additional lots not listed in the previous agreement approved by the City Council on
September 2, 1998 may be added to the Agreement and to provide for the redistribution of cost per
parcel as additional lots connect to the Off-Site Sewers.
The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will
be held at the Council Chambers of the City of Palm Springs,located at 3200 East Tahquitz Canyon
Way, Palm Springs, California 92262. Interested persons wishing to express their views on the
consideration of the Second Amendment will be given the opportunity to do so at the public hearing
or may, prior to the time of the public hearing, submit written comments to David J. Barakian, City
Engineer, Engineering Department, City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262,telephone number (760) 323-8253.
NOTICE OF PUBLIC HEARING
GILBREATH SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT
Parcel Number: 513-430-011
Record Owner: Patricia Ann Kirsch
Address: 1220 Waconia Pkwy No.
Waconia, MN 55387
Phone: 612-442-4350
NOTICE IS HEREBY GIVEN that on October 18,2000,at the hour of 7:00 p.m. or as soon
thereafter as possible,the City Council of the City of Palm Springs will hold a public hearing with
respect to the consideration of the Second Amended Sewer Construction Refund Agreement between
the City of Palm Springs,California and Ron Gilbreath("Amendment")to provide for a mechanism
whereby additional lots not listed in the previous agreement approved by the City Council on
September 2, 1998 may be added to the Agreement and to provide for the redistribution of cost per
parcel as additional lots connect to the Off-Site Sewers.
The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will
be held at the Council Chambers of the City of Palm Springs,located at 3200 East Tahquitz Canyon
Way, Palm Springs, California 92262. Interested persons wishing to express their views on the
consideration of the Second Amendment will be given the opportunity to do so at the public hearing
or may,prior to the time of the public hearing, submit written comments to David J. Barakian, City
Engineer, Engineering Department, City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262, telephone number(760) 323-8253.
CITY COUNCIL
CITY OF PALM SPRINGS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on October 18,2000,at the hour of 7:00 p.m. or as soon
thereafter as possible, the City Council of the City of Palm Springs will hold a public hearing with
respect to the consideration of the Second Amended Sewer Construction Refund Agreement
("Agreement")between the City of Palm Springs,California and Ron Gilbreath("Amendment")to
provide for a mechanism whereby additional lots not listed in the previous agreement approved by
the City Council on September 2, 1998 may be added to the Agreement and to provide for the
redistribution of cost per parcel as additional lots connect to the Off-Site Sewers.
The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible,
and will be held at the Council Chambers of the City Council of the City of Palm Springs, 3200 E.
Tahquitz Canyon Way,Palm Springs,California 92262. Interested persons wishing to express their
views on the consideration of the Amendment will be given the opportunity to do so at the public
hearing or may, prior to the time of the public hearing, submit written comments to David J.
Barakian, City Engineer,Engineering Department,City of Palm Springs, 3200 E. Tahquitz Canyon
Way, Palm Springs, California 92262, telephone number(760) 323-8253.
Pursuant to California Government Code Sections 66016 and 66018, this Notice shall be
published twice at least ten days prior to the public hearing, and sent at least 14 days to any
interested person who has filed a written request.
DATED: September 29, 2000 CITY OF PALM SPRINGS
By:
PATRICIA A. SANDERS
Publication Dates: October 3, 2000
October 8, 2000
Z, 581 629 433 0 SENbER
Is : , I also wish to receive the follow
1 w ❑Complex cams rand/or 2 for additional services. ing services(for an extra fee)
US Postal Service m camels.,items 3„4q and 4b.
❑Print your name appWIdress on the reverse of this loan sa that we can return this
Receipt for Certified Mail > card to you D Addressee's Address
No Insurance Coverage Provided m ❑Attach this form to the front of the mailpiece,or on the back It space does not
9 W permit. 2. El Restricted Delivery
Do not use for International Mall(See reverse) ✓_„ ❑Writ.'Return Receipt Requested"on the mailpiece below the souls number
[to ❑The Return Receipt will show to whom the ankle was delivered and the date
A lip O delivered
h n h`y.y g, '0 3.Article Addressed to:
Slreel&Numbe`r� a; �'.,4a.Article Number
I�.ZO IN0.�0h4 pk� /Uc�, alpwtr;c:c.• Ahh �<;r$cl� __, 58' I ( A9 433
Post Office,State,&ZIP Cade o Q t _ per`J N k ,OI�w 'qb.Service Type
W f
WQeOv�,C4J /tf 553P'7 N i�� y El Registered XCertrfied
Postage $ do ` „0 Express Mail ❑Insured
Wc.car.rak� P1 553P
o 7 =�Return Receipt for Merchandise El COD
Conrad Fee
en�- .
7.Date of Delivery
Special Delivery Fee /�-If l_� . �C� / frD - Ssushi arryc,I y ( f 8.Addressee's Address (Only i/requested and
Reslnded Delivery Fee fee is paid)
m Retum Recelpl Showing to Ignature(Addressee or Agent)
Whom&Date Delivered O
T 3N
a Return fleceipl5howing to Whom,
Q Dale,&Addressee's Address _ 102595-99-6-0223 Domestic Return Repair
o _
00 TOTAL Postage&Fees $
rh Postmark or Dale
E /
`o D��IDU n.
v SENDER:
m a I also wish to receive the follow-
2 rn ❑Complete items i:and/oi 2 fog adt ilional services.
m .Complete items a,4a,and ab. ing services(for an extra fee).
❑Print year name sad address an the reverse of this farm so that we can return this
Z 581 629 432 card to you.
m ❑Attach this form to the front of the mailpiece,or on the back if space does not 0 Addressee's Address
N permit Z. 0 Restricted Delivery
❑Write`Return Receipt Requested'on the madpiece below the article number
US Postal Service ❑The Return Receipt will show to whom the adicle was delivered and the data
Receipt for Certified Mail o delivered,
m 3.Article Addressed to / rl r�No Insurance Coverage Provided ¢Mr C3 Y`t rtS• "0.Ndr.Y-1 C. Stye�.�.� 4a.Article Number
Do not use for International Mail(See reverse)+ E ` gyp( 6�9 y 3�
Sent to n J� -.�•L� o t 3�•I I�Jos a`�.re -1 4b.Service Type
i�'tPo-it'1rA rya. to �1 ¢•I ❑ Registered (
Street 6 Number h A(Certified
t 31-� ✓: \SS rd� w r eXca-L V".-V 0. C,/4 ❑ Express Mail ❑Insured
9're 5 y
Po 1 011ice,Slate,8 ZIP Code O ).gpturn Receipt for Merchandise ❑COD
o-t� Q'�4q54 < 7. site D very
$ Z !J/7 n Postage a
F 5.Receive y: (Print Name)
ILL! 8. see's Address(Only ifrequestedand
Certified Fee as ���t
fee is paid)
5 6, a e(Addressa rA nt�
Special Delivery Fee o
T
N
Reslncted Delivery Fee PS Form 3811 e D camber 1994
„c 102595-99-e-0223 Domestic Return Receipt
on Return Receipt Showing to
Whom&Date Delivered
a Return Receipt Showing la Whom, _
Q Dale,&Addressee's Address
0 $ v SENDER:.
I also wish to receive the follow-
O TOTAL Postage 8 ens y ❑Complete items 1 andi 2 for additional services.
0
M Postmark or Dale v 'Cori items 3,4a,and 4b ing services(for an extra fee):
❑Print Your name and address on the reverse form so That we can return this
of(his E > card la you.
ti ❑Attach[his form to the front of the mailpiece,or on the back if space does not 1"'D Addressee's Address
to !/ V y permit
❑Write"Return Receipt Requested'on the madpiece below the article number. Z' D Restricted Delivery
0- --- e ❑The Return Receipt ,it show to whom the adicle was delivered and the date
o delivered.
as 3.Article Addressed to'
Z 5,81 629 430 4a.Article Number
EM�. a �rs. Jaseet-1 D� Ikc� 58I b q
US Postal Service u�, a W 4b.Service Type
Receipt for Certified Mail 0 Y /I! +f"lC e CIk6. be ❑ Registered Certified
No Insurance Coverage Provided. In
❑ Express Mall ❑Insured
Do not use for International Mail (See reverse) 1/1 Return Receipt for Merchandise Sent to G r'4�vy� S` ❑COD
f�r.�Mrs, t)erSep�. LeIKca _ � +�5, C� 7 DateofD livery
Sires(&Number 1 ' 1 r�1 11 ¢ C A a (6
w114ery 041V &. ".DA*i9 Receive y: ( i N3
P,Q I Office,State,&ZIP Code ad8.Addres ee's Address (Only if requested and
S C� g1.r7 b.Z ¢ fee is paid)
if o �gnatuiv (Addressee Or Agent)
Postage $ = k �JS�, A ,1 O'� `v C,n
Certified Fee
PS Form 3811,December 19994 �I 102595"99-e-0223 Domestic Return Receipt
Special Delivery Fee
Reslncled Delivery Fee �.
Is SENDER:-
rn Return Receipt Showing to I also wish to receive the follow-
Whomm 0 Complete items 1 and/ur 2 for additional services
8 Date Delivered to Complete items 3,aa,and 4b. ing services(for an extra fee)'
h Return Receipt to Whom, ❑Print your name and address on the reverse of this form so that we can return this
cardayoun
a
or Dale,&Addressee's Address > Attach this
m ❑Attach Ihis loan to the front of Ice madpiece,or on the back if space does not 1' D Addressee's Address
m permit 2 ❑ Restricted Delivery
O TOTAL Postage&Fees $ _. ❑Write'Return Receipt Requasted'an the mailpiece below the adicle number
Postmark or Date
e ❑The Return Receipt will show to whom the article was delivered and the date
O delivered
E / os 3.Article Addressed to:
u- ` d/�/�C Q °1 4a.Article Number
on E IlArd-►'`'trs Derek 14. tlavAs 1
SSI (s.29 431
�1 1 r/� 4b.Service Type
36 3 1 s ITS V3c,y(1 ❑ Registered [Certified
us
Z 581 629 431 to ❑ Express Mail
ad .L 'yn� - II ❑Insured
O Ne o Jr { 6ecit- L., CA Return Receipt for Merchandise ❑COD
US Postal Service a C1;L `40 7. Date of DeI ery
Receipt for Certified Mail be 7—cA
No Insurance Coverage Provided. w 5. Received By (Print Name) R.Addressee's Address(Only if requested and
Do not use for International Mail (See reverse) ¢ 'fee is paid)
Sent to Qgrtature(Addressa or Agent)
Mr�t�Ire Gl0.r� 4 t�.�C, it 0
Z 581 6 2 9 434 v SENDER: I also wish to receive the follow-
- 'w ❑Complete items 1 and/or 2 for additional services ing services(for an extra fee):
US Postal Service 0 Complete items 3,4a,antl 40,
w ❑Print your name and address on the reverse of this form so that we can return he
Receipt for Certified Mail and to you 1 ❑ Addressee's Address
NO Insurance Coverage Provided v ❑Attach this form to the front of the roulades,or on the back If space does not
a perms 2_ ❑ Restricted Delivery
DO not USE for International Mall(See raVarSE) _- ❑
Write"Return Receipt Requested"an the malptece below the article number.
❑The Holum Receipt will show to whom the article was delivered and the dale
3 Ila p delivered.
un5¢+ 14r+VhQPS a 3.Article Addressed to: 4a.Article Number
Street&Number W
45 S. 4c. C.e e ,j a $� hset e° ,w+ ^e s I- Sir( 6;9 434
t Off¢ State,&ZIP Code E C ieM G Ji I J� r 4b.Service Type
lh �ef rooJ�� fJ q0 ?01 ° P.�gS S• (,w 9 rD
/p( m ❑ Registered f�Certifled
Posla? $ to ���le�J L 1030 [I Express Mall ❑Insured
Return Receipt for Merchandise ❑COD
Ce Nlted Fee
Q 7 Date of Del[very
Special Delivery Fee = (J\
m 5. ec Ived Byt (I rintN m �J .Addressee's Address(Only if requested and
Restricted Delivery Fee to t ee"paid)
m Return Receipt Showing to 6. Igna (Fdd see rAge )
Whom&Date Delivered o \
T
a Return Recatp1Showing to Whom, w
a Dale,&Addressee's Address PS Fo 3811,December 1994 102595-99-e-0223 Domestic Return Receipt
0
O TOTAL Postage&Fees $
do
M Postmark or Dale
LL C4 0
a
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A SECOND
AMENDED SEWER CONSTRUCTION REFUND
AGREEMENT BETWEEN THE CITY OF PALM
SPRINGS AND MR. RON GILBREATH FOR OFF-SITE
SEWERS IN CANTINA WAY, SECTION 27, T 4 S, R 4
E.
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 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 has been determined that additional lots not listed above can also access the
Off-Site Sewers and may be added to the Agreement; and
P C
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 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
Sewer; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs
does hereby authorize and approve Agreement No. and directs the City
Clerk to record said agreement in the office of the Recorder of Riverside County,
California.
ADOPTED this _day of 2000.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED:
1