HomeMy WebLinkAbout21126 - RESOLUTIONS - 11/3/2004 RESOLUTION NO. 21126
OF THE CITY COUNCIL OF THE CITY OF PALM '
SPRINGS, CALIFORNIA, APPROVING THAT CERTAIN
WATER FACILITIES AGREEMENT BETWEEN THE CITY
AND DESERT WATER AGENCY AND THAT CERTAIN
ACQUISITION AGREEMENT BETWEEN THE CITY AND
THE PROPERTY OWNERS AND A FIRST
AMENDEMENT TO COOPERATIVE AGREEMENT WITH
THE COUNTY OF RIVERSIDE, THE CITY AND THE
PROPERTY OWNER RELATED TO ASSESSMENT
DISTRICT NO. 162 (THE VILLAS IN OLD PALM
SPRINGS AND 48 @ BARISTO); AUTHORIZING
EXECUTION THEREOF BY APPROPRIATE CITY
OFFICIALS; AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN CONNECTION THEREWITH
WHEREAS this City Council of the City of Palm Springs (the "Council" and "City")
has taken proceedings pursuant to the Municipal Improvement Act of 1913 ("1913 Act")
Division 12 of the Streets and Highways Code, for the formation of an assessment
district, the levy and collection of assessments, and the issuance and sale of limited
obligation improvement bonds (the "Bonds") pursuant to the Improvement Bond Act of
1915, Division 10 of the Streets and Highways Code; and
WHEREAS, the assessment district is identified as Assessment District No. 162, '
hereinafter referred to as the "District'; and
WHEREAS, the developers of property within the District are Palm Springs
Modern Homes, ll, LLC, a California Limited Liability Company and Palm Springs
Modern Homes V, LLC, a California Limited Liability Company (collectively, the
"Developers"); and
WHEREAS, proceeds from the sale of Bonds shall be used, among other things,
to pay for public improvements including to pay for water system improvements and
connection fees required for the development of land within the District; and
WHEREAS, the water facilities (and the connection fees relevant to such
facilities) shall become the property of Desert Water Agency ("DWA') and it is required
by said Sections 10109 and 10110 of the 1913 Act that the transfer of such facilities be
pursuant to a written agreement between the City and DWA; and
WHEREAS, that certain "Water Facilities Agreement," in the form on file with the
City Clerk, is an agreement which meets the requirements of Sections 10109 and 10110;
and
WHEREAS, the Developers have requested that an Acquisition and Funding
Agreement be entered into as a means for Developers to recover costs advanced for
such public improvements installed by Developers and which upon completion are to be
turned over to the City and to other public agencies for operation and maintenance; and '
WHEREAS, the City has caused the current Acquisition and Funding Agreement
in the form on file with the City Clerk to be prepared; and
Resolution No. 21126
Page 2
WHEREAS, the Developers have requested that the City and the County of
Riverside enter into an amendment to the cooperative agreement with Palm Springs
Modern Homes V, LLC for the purposes of funding certain of the County's flood control
improvements from the District (the "Flood Control Agreement");
NOW THEREFORE BE IT RESOLVED, as follows:
Section 1. That the recitals set forth hereinabove are true and correct in all respects.
Section 2. That said Water Facilities Agreement in substantially the form on file with
the City Clerk is hereby approved and the City Manager and City Clerk
are hereby authorized and directed to execute the same for and on behalf
of the City.
Section 3. That said Acquisition Agreement in substantially the form on file with the
City Clerk is hereby approved and the City Manager and City Clerk are
hereby authorized and directed to execute the same for and on behalf of
the City.
Section 4. That said Flood Control Agreement in substantially the form on file with
the City Clerk is hereby approved and the City Manager and City Clerk
are hereby authorized and directed to execute the same for and on behalf
of the City.
ADOPTED this 3rd day of November, 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By I�Aft�� �-
�0 City Clerk City Manager` s
REVIEWED &APPROVED AS TO FORM
City Attorney