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HomeMy WebLinkAbout00805 - STANLEY LEEDS SHAPELL HOUSING EL SEGUNDO PRIVATE SEWER or 0 0 SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND STANIFv S_ IFFnS AND SHAPELL GOVERNMENT HOU:Stanley S. Leeds & Shapell Gov. Housing, Inc. - private sewer agr- AGREEMENT NO E1 Segundo AGREEMENT #805 (Original 11-30-71) Res #10193, 12-13-71 THIS AGREEMENT made and entered into this 30th day of November , 1971 , between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, herein- after called the CITY, and STANLEY S. LEEDS with 75% interest and SHAPELL GOVERNMENT HOUSING, INC. with 25% interest, hereinafter called the DEVELOPER: WHEREAS, the DEVELOPER is , at the time of this agreement, the owner of that certain parcel of land delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part of this Agreement; and WHEREAS, the DEVELOPER, to lower the sewer grade for his own advantage, has constructed a 10-inch diameter sanitary sewer South of the Baristo Channel and shall not receive reimbursement for the incremental cost of the sewer pipe above eight (8) inches; and WHEREAS, the CITY has established a policy for sewer refund agreements by City Council Resolution No. 9388 dated January 13, 1969, which by reference is hereby made a part of this agreement; and WHEREAS, the DEVELOPER consists of two separate developers who have jointly constructed the sewer and shared in the costs of construction as follows : Stanley S. Leeds, seventy-five (75%) percent of the costs , and Shapell Government Housing, Inc. , twenty-five (25%) percent of the costs; and WHEREAS, said sanitary sewer has been dedicated to public use by the DEVELOPER, and accepted by the CITY; and WHEREAS, the DEVELOPER has submitted an itemized financial statement of con- struction and engineering costs for said sewer from John Hendrickson Construction Company, Contractor, dated August 10, 1971 , and Frank Hamerschlag, R.C.E. , dated September 10, 1971 ; and WHEREAS, the DEVELOPER, in accordance with Resolution 9388, has requested that the CITY and the DEVELOPER enter into a Sewer Refund Agreement to reimburse the DEVELOPER for the cost of off-site sewer; and -1- � +M :-� � _ . � �� WHEREAS, the CITY has determined that benefit from the construction of the off-site sewer will accrue to properties connecting to the off-site sewer; and WHEREAS, the CITY has determined, and DEVELOPER agrees , that the total assessable frontage of parcels which can connect to the sanitary sewer by use of sewer laterals is 2,158.26 feet; and WHEREAS, sewer laterals were constructed to certain parcels in addition to the DEVELOPER's parcel , the CITY has determined and DEVELOPER agrees that assessment and reimbursement for laterals constructed shall be in addition to the assessment for sewer main frontage on a per each basis. NOW THEREFORE, THIS AGREEMENT WITNESSETH that developers , owners or lessees of parcels 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 each such payment, the CITY shall pay to DEVELOPER the amount shown herein. Such payments shall neither be required nor collected beyond the expiration of fifteen (15) years from the date of this Agreement. An Assessment for Sewer Main for Parcels is hereby established at $6.919634 per front foot as follows ; and for sewer laterals at $300.00 per each where they have been installed as follows: Frontage Cost No. of Cost of Total Cost Parcel Number Assessment Frontage Per Parcel Laterals Laterals Per Parcel 1 Developer 247.60' $1 ,713.31 0 $1 ,713.31 2 165.00' 1 ,141 .74 0 1 ,141 .74 3 464.46' 3,213.89 2 $600.00 3,813.89 4 165.00' 1 ,141 .74 1 300.00 1 ,441 .74 5 238.00' 1 ,646.87 0 1 ,646.87 6 528.20' 3,654.95 0 3,654.95 7 350.00' 2,421 .87 0 2,421 .87 2,158.26' $14,934.37 3 $900.00 $15,834.37 NOW THEREFORE, reimbursement to the DEVELOPER shall be made as follows : Seventy- five (75%) percent of each collection made by the CITY shall be paid to STANLEY S. LEEDS, and the remaining twenty-five (25%) percent shall be paid to SHAPELL GOVERNMENT HOUSING, INC. -2- �. .. # _ _, . . . i _. �- � � � � s ., . .. . . . _ .-_ - � _ � �� � � ,, i� _, . . .. �� � � -� 7� ._, ---;-.; ��.,. �. � . .. � �.. _ _. .... .� :,. � , . . r „ . ; " . _� . _,�"c �, . IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: STANLEY S. LEEDS ATTEST: SHAPELL GOVERNMENT HOUSIN6`,_ -1-NC By ATTEST: CITY OF PALM SPRINGS, CALIFORNIA, F. D. ALESHIRE a Municipal Corporation CITY- CLERK By Deputy City Clerk F.D. ALESHIRE, City Manager Date APPROVED AS TO FORM CONTENTS APPROVED ,_ C Attorney Director of Public Works Date Date , 1 � 1 �j . .,. ....,J. v r -3- �� ;�',�s �=: � _ � ; � . i f ; ; _. , : � � ,_, r r '- I i P � MEMORANDUM DATE : January 9, 1987 TO : JUDY SUMICH, City Clerk FROM : - -- - -- i.- - CHARLES THOMAS, Building Division SUBJECT : SEWER AGREEMENT EXTENSIONS: resolution 15975 'AN "'N 1 9,f �i I�JI Judy, CTV .^i P:GK Attached is the agreement owner mailing list used by Gary Bitterman, and a copy of his letter. Except for Agreement No. 806 where we are awaiting clarification of the legal owner, and Agreement No. 874 where we have been unable to locate the owner; we have received letters requesting no expiration date, and I have sent letters of confirmation. Dallas thought this procedure would constitute a sufficient "new agreement. " The amounts per linear foot of sewer main required by the agreements is less than the City fee of $16/ft. , .except for Agreement No. 869. An asterisk has been placed by the agreement amount in that file, and a note added not to pay more than the City fee in effect at the time a reimbursement may be due. CT/hi CITY OF PALM SPRINGS a ' • LIST/SEWER REIMBURSEMENT AGREEMENT LETTERS SENT Mr. Elliott Maltzman, President Shapell Housing Inc C'J Wilshire-San Vicente Plaza, Suite 700 6 8383 Wilshire Blvd. k Beverly Hills, CA Palm Springs Mobile Home Park Palm Springs East 11 % Ocean View Builders, Inc. �pb 2909 Ocean Drive Oxnard, CA 93030 Palm Springs Mobile Home Park Palm Springs East 6300 Bolero Road Palm Springs, CA 92262 San Diego Federal Savings & Loan Assoc. % Mosher, Drew, Watson & Associates 1255 Coast Boulevard La Jolla, CA 92037 C � Great American First Savings Bank Attention: Chris Sierra 2601 E. Tahquitz-McCallum Way Palm Springs, CA 92262 Donald Peacher �� <( 5545 Victoria Avenue Riverside, CA 92506 Sunrise Company Attention: J. Resney U 75005 Country Club Palm Desert, CA 92260 Sunrise Oasis Estates �{ Attention: Mr. Richard K. Ehrlich 800 N. Sunrise Way Palm Springs, CA 92262 G Ehrlich Construction Company , ! 1017 N. La Cienega Los Angeles, CA 90069 Mr. Richard K. Ehrlich i� `69d 7 N. La Cienega Los Angeles, CA 90069 10/2/86 PALM O� S,o h� Py City of Palm Springs c-���fORN�P Department of Community Development Building Division 619-323-8242 October 2, 1986 Mr. Richard K rlich 1017 N. iene90 Los eles, CA 90069 RE: SEWER REIMBURSEMENT AGREEMENTS. Dear Agreement Holder: On August 6, 1986, the City Council of Palm Springs adopted Resolution Number 15975 (copy attached) which allows you to request a new sewer reimbursement agreement with no expiration date. This new sewer reimbursement agreement would replace the one you now hold. If you wish to request the new sewer reimbursement agreement, please do so in writing within sixty days of mailing of this notification. Requests should be mailed to: Mr. Charles Thomas City Of Palm Springs Building Division P. 0. Box 1786 Palm Springs, CA 92263 Sincerely, G RY I &ERMAN Code Enforcement Supervisor hj Attachment Post Office Box 1786, Palm Springs, California 92263-1786 i • / 0 Oi PALM SA9 A, �I N City of Palm Springs bc,elu Cq1/FORN�P Deparuncnt of Community Development Buildinc Division 019-323-14242 November 5, 1986 Shapell Housing Inc. 8383 Wilshire Blvd. Suite 700 Beverly Hills, Ca 90211 ATTN: Elliott Maltzman RE: Extension of sewer agreement #805 Dear Mr. Maltzman, In accordance with City of Palm Springs Resolution 15975, and your letter of request dated October 8, 1986, the above referenced sewer agreement will now have no expiration date. Yours very truly, Charles Thomas CT:al I