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Home My WebLink About00806 - PS INVESTMENT MOBILEHOME PARK SEWER BOLERO 1LM SPRINGS ?108ILE HOME PARS; and PALM SPRINGS EAST SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRI21ec "n PALi9 SPRINGS M06ILE HOB PARK APalm Springs Mobile Home Park & Palm Springs East - Private Sewer AGREEMENT N Agreement - Bolero Drive AGREEMENT #806 Res #10194, 12-13-71 THIS AGREEMENT made and entered into this 15th�day of November , 1971 , between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and PALM SPRINGS MOBILE 140ME PARK, a Joint venture with 50% interest, and PALM SPRINGS EAST, a Joint venture with 50% 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 e part of this Agreement; and WHEREAS, the CITY has established a policy for sewer refund agree- ments 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 equally in the costs of construction, each collection made by the CITY shall be divided and reimbursed to the DEVELOPERS in equal amounts; 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 an itemized statement of Construction costs for said sewers dated November 6, 1970 and a proposal and Contract dated October 27. 1970 with addendum dated November 6 , 1970 from James C. Shirley Construction Company. Inc. , and a statement of engineering costs from Robert Martin and Associates. Civil E-tO nears, dater) September 7, 1971, together with construction permits; and WHEREAS, the DEVELOPER. in accordance with the before-mentioned C:runcil resolution, 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 which benefits other properties; and 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 4186.53 feet; 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 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 the CITY's sewer collection system. Upon receipt of each such payment, .he CITY shall pay to DEVELOPER the amount shown herein. Such payments ",hall neither be required nor collected beyond the expiration of fifteen (15) years from the date of this Agreement. The Assessment for Parcels is hereby established at $3.137214 per front foot as follows: PARCEL NUMBER ASSESSMENT FRONTAGE COST PER PARCEL 1 (Developer) 1264.38' $3,966.63 1A (Developer) 1264.38' 3,966.63 2 331.69' 1 ,040.55 3 331 .68' 1 ,040.55 4 331 .66' 1 ,040.55 5 662,73' 2tO79.13 4,186,53' $13 ,134.04 $13 m $3.137214 COST PER FRONTAGE FOOT 4,186.53 IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused thase presents to be executed the day and year first above-mentioned. t ATTEST: PALM SPRI pBILE "JME PARK , a joint venture by P.S•.M.P. ited tnershi�, joint venturer by COLUMBIN P e al partn r t3y 91 �i K n B of sc I ec. - yeas. iTTEST: PALM SPRINGS EAST, 'a Dint venture by P.R.O. , a limited �'a [nership, joint venturer by OCEAN VIEW ;BU , RS . , eneral partner $y-- s_ — . _0 hsc i Ies. HOthSChlld, Jr. , e77 rea . ATTEST: CITY OF PALM SPRINGS, CALIFORNIA, F. D. 'ALESHIRE a municipal corporation i,ITY ep Y tY er i ty ana�er Nate /,J--/J I/ _ APPROVED AS TO FORM C NTENTS APPROVED -CfWA t Orn(ey u7reCLpr 0 (I C 1CIP1�5 ?Date -5 �11 STATE OF CALIF NIA COUNTY OF-- r^� r <✓�-+1� 1} $S. nOn Il/G I/i �p7`+r"i''77 •....�:�./!7/ hefnre me, p° the undersigned, a Notary Public in and for said Count and state, r personally appeared FOR NOTARY SEAL OR STAMP known to me to be the_ ,_ ___President, and ��. b hL5 CFi�/L IJ �f known to me to he o ----Secretary of the corporation thaL executed the withm Instrument, known to me to be the persons who executed Ell OPPICIAL -EfaL. °a within In?t,pl""lt un behalf of the corporation the,an maned, and f ,y,.� WAL7E7Z M- RADON r.( acknowledged to me that such corporation executed the withinr-.l mt NC rR,,PY PUi'�LIC-CAI IF& A i U in¢trument pu nuant to its 6y-laws or a re+obition of its board of Y i .�� directors. VENTURA GOLINTY F 7,1 I .., �• MyCammsslor Espires fan.la 19'/w)j, 2520,47005evalt Eivd, Oxnard, Calif-93(+4;1 0 Signature,._ h IL/fin l �7 - Name (Typed or Printed) Not.uy Public in and for said County and State .7 Srgnatu 7 ram ' i/t�� -x/ 2 92D Rooseveh Blvd„ Ozn•trd, Calif. 93039 o a. e l;/rrc I__(Z r7l 2416e'. ) Name (Typed or Printed) Notary Public in and for said County and State I 1.5 TI I V 'p NIS I C) 1h "3 Lq j L', (L V.41 SEWER AGREEMENT BETWEEN CITY OF PALM SPRINGS AND PALM SPRINGS MOBILE HOME PARK AND PALM SPRINGS EAST Please reply to: Fhmaa1ch-1 Scene 2032 Garnet Avenue San Diego, California 92109 April 20, 1972 City of Palm Springs 3200 McCallum Way Palm Springs, California 92262 Gentlemen: Financial Scene, Inc. purchased the Palm Springs East project from Fairway Development Co. on April 13, 1972 and will proceed to develop this project with only a few minor floor plan modifications. The site plan will remain exactly as it was approved by the City of Palm Springs. We have renamed the project "Sandcastles" . Please find attached a letter from the former owners assigning all their rights and agreements concerning this project to Financial Scene, Inc. Very truly yours, FI ANCIAL SCENE INCORP RATED T. N. Khoury- Authorized Agent TNK/ssr Enclosure Post Office Box 2592, San Diego, CA 92112 (714) 2.34-1535 �,cx f kF r3 r �. .. "'..- y..,,,,1'.',,..� :.+ _.:`•:�„ CN t,v,,., '��'�:. -,�,' ✓' �..' . .- �,. :ram �n��*`_^�.r. (005) 407-5431 0 2504 OCEAN DRIVE d O)INARD, CALIFOPNIA 43030 2] 1012 CITY OF PALM SPRINGS 3200 McCallum Way Palm Springs , Calif. 92262 Gentlemen : — Palm Springs East assigns to Financial Scene Incorporated all its rights and -interest which Palm Springs East has individually and those which Palm Springs East shares with Palm Springs Mobile Home Park including a 50% share of the total rights to the Brunk sewer line in Bolero Drive from the intersection of Golf Club Drive to the easterly terminus of Bolero Drive. This assignment shall in- clude all rights to future refunds from the City of Palm Springs which Palm Springs East may have. Palm Springs East has made no prior assignments of these rights to other enti Lies or IhU IV iuuaib. PALM SPRINGS EAST, a joint venture by Fairway Development Co. a general partnership Edward Green, Partner by Erwin Pearl , Partner by P.R.O. , a limited partnership by Ocean View Builders , Inc. general partner by `Billie A. Roifr chil Vice Presi ant by- James J. Rothschild, Jr. Secretary-Treasurer CITY of PALM SPRIN DeceyiA)er 16, 1071 Palm Springs Mobile ?0mo park � 1 y'zn:m Springs :Ev,'t 63,00 :Bolero Read Pral:n Spri gs, Celi.t'ornia SEWER. P-FW0URS3i%ti;8i`f AGrUEl-214T: tit its moeti,ng Deceriber 13, 1971, the Council adopted Rcrolutio^ 1019At, approving sewer reimbursement agreement with Palm Sprizigs Hob..le Homo Paris and :Palm Springs East, a joint venture., for sewere; constructed can Bolero Drive, cast of Golf Club Drive. 4'. :Sullyr exccuted copy of the agreement is attached, togrether with a copy of the resolu- tion approvirig k.aTlle. You.r. � trulyM JUDITH S(1I41CI-1 Deputy City Clork Eno. cc:� ;colic Works Building Division LAW OFFICES OF JEROME JANGER A PROFESSIONAL CORPORATION JEROME JANGER 138 SOUTH LASKY DRIVE MICHELE O.SAADEH BEVERLY HILLS,CALIFORNIA 90212 (213) 273-9966 November 3 , 1988 Mr. Charles Thomas Permit Technician City of Palm Springs Department of Community Development Building Division Post Office Box 1786 Palm Springs , California 92263-1786 Re: Sewer Reimbursement Agreement 806 (Palm Springs View Estates Mobile Home Park) Dear Mr. Thomas : This letter is in response to your letter to Patti Gill dated October 3 , 1988 , a copy of which is enclosed herein for your reference. Palm Springs Investment Company, as the present owner of the Agreement, hereby requests a new agreement with the City of Palm Springs , with no expiration date, as provided for by Resolution R15975 . My client is the successor-in-interest to Palm Springs Mobile Home Park, the party who originally execu- ted the Agreement. Our records indicate that Tri-Counties Mobile Park Company, a California corporation, acquired all the interest of Palm Springs Mobile Home Park by Assignment recorded March 6 , 1972 as Instrument No. 30462 . Tri-Coun- ties , in turn, transferred its interest to Pacific American Real Estate Fund 1971 . Pacific American Real Estate Fund 1971 transferred its interest to Palm Springs Investment Company by Grant Deed recorded August 4 , 1976 as Instrument No. 113858 . Said Deed specifically provided, in its pream- ble, the following language: "All buildings, structures and improvements located upon the real property described in Exhibit "A" which is attached hereto and incorporated here- in by this reference, including all machinery, equipment, material, appliances and fixtures in- stalled or placed in said buildings and/or on said real property. " LAW OFFICES OF JEROME JANGER A PROFESSIONAL CORPORATION Mr. Charles Thomas November 3 , 1988 Page Two For your convenience, I am enclosing copies of the Title Policies which I have located in my client' s file. If you need anything further, please do not hesitate to contact me. Thank you for your courtesy and cooperation. Sincerely, Michele 0. Saadeh MOS :bll Enclosures CC119 : 11O3MA r OF PALM S,p City of Palm Springs # �% �� R RA�RATEO C''t/FORN\P Department of Community Development Building Division 619-323-8242 October 3, 1988 Patti Gill Investment Concepts, Inc. 777 S. Main, Suite 161 Orange, CA 92668 RE: Sewer Reimbursement Agreement 806 (PALM SPRINGS VIEW ESTATES MOBILE HOME PARK) Dear Mrs. Gill : As I explained during our telephone conversation on September 29, I am attempting to find the present legal owner of this agreement, a copy of which is enclosed. I have checked with one of the affected parcel owners, and that property, and probably the others are not yet connected to sewer. The city limit between Palm Springs and Cathedral City actually runs along Bolero Road in this area. The sewer main is in Palm Springs, but the affected parcels are in Cathedral City. Nonetheless, if the connections are made to our sewer main, the agreement will be triggered. It is possible that some or all of the parcels could connect to future sewer lines constructed by Cathedral City. Our object at this time is to determine the present owner of the agreement, and to inform them to write a letter (to my attention) requesting a new agreement with no expiration date as provided for by Resolution R15975. Yours very truly, 4 Charles Thomas Permit Technician cc: City Clerk CT/it Post Office Box 1786, Palm Springs, California 92263-1786