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HomeMy WebLinkAbout21085 - RESOLUTIONS - 9/1/2004 RESOLUTION NO. 21085 OF THE CITY COUNCIL OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, APPROVING A SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND CANYON GATE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. A04952 WHEREAS, by Resolution No. 13773 of the City Council, dated April 15, 1981, a policy was established for the formation of Sewer Construction Refund Agreements, and WHEREAS, Canyon Gate, LLC, a California Limited Liability Company, have caused to be constructed at their expense an off-site public sanitary sewer main extension in Belardo Road, which has been connected to the existing City public sewer system; and WHEREAS, the proposed Sewer Construction Refund Agreement provides for collection of a proportionate assessment of costs associated with the off-site sewer extension to the property benefitting from the sewer main extension; and WHEREAS, the assessment collected from the benefitting property owner shall be reimbursed by the City to Canyon Gate, LLC, a California Limited Liability Company, at the time a permit for sewer connection to the sewer main is applied for by the benefitting property owner, and in accordance with the terms of the Sewer Construction Refund Agreement. NOW THEREFORE BE IT RESOLVED as follows: 1. That the City Council of the City of Palm Springs does hereby approve the Sewer Construction Refund Agreement between the City of Palm Springs and Canyon Gate, LLC, a California Limited Liability Company. 2. That the City Clerk shall cause to be recorded the Sewer Construction Refund Agreement with the Riverside County Recorder. 3. That the terms and obligations set forth in the Sewer Construction Refund Agreement shall incur and apply to the benefitting property during the term of the Agreement, as may be amended or extended. ADOPTED this 1s` day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager- REVIEWED AND APPROVED AS TO FORM: