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Home My WebLink About01206 - CANYON SOUTH CORP SEWER LAVERNE CALIENTE SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA, AND Canyon South Corp - Private CANYON SOUTH, CORPORATION sewer agr LaVerne & Caliente AGREEMENT #1206 (Orig 2-4-76) SEWER AGREEMENT N0. �, ( % ' Res #11676, 2-4-76 THIS AGREEMENT made and entered into this 7 day ofp_, e , 1976, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and CANYON SOUTH, CORPORATION, hereinafter called the DEVELOPER. WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Lots 27 and 28 of Tract No. 4516-1 and Lot 43 of Tract No. 4516 delineated on the plat "Sewer Con- struction Refund Agreement" attached hereto, marked Ex hi bit "A", and hereby made a part of this agreement; and WHEREAS, the CITY has established a policy for sewer refund agreements and con- tributions for oversize sewer by City Council Resolution No. 9388 dated Jan. 13, 1969, which by reference is hereby made a part of this agreement; 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 a financial statement of construction costs for said sewers from: 1. Massey Sand &, Rock Co. , dated September 19, 1975. 2. Webb Engineering, Inc. dated September 19, 1975. copies of which are attached hereto, marked Exhibit "B", and made a part of this agreement; and WHEREAS, the DEVELOPER, in accordance with the before mentioned Council 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 off-site sewer will accrue to properties connecting to the off-site sewer; and 15 a 3 �V � � . I 15 a 4 WHEREAS, the CITY has determined that said benefit will be in direct propor- tion to the frontages of Lots 5 to 13 inclusive and Lots 79 and 80 of E1 Camino Estates; and WHEREAS, the CITY has determined, and DEVELOPER agrees, that the total assessable frontage of lots which can connect to the sanitary sewer by use of sewer laterals is 1,156.34 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 lots 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 such payment CITY shall pay to DEVELOPER the amount shown herein. The AssessmenL- for Lots is hereby established: Lots 5 through 13 inclusive and Lots 79 and 80 of El Camino Estates $5.74 per front foot. Lots 6, 7, 8, 9, 10, 11, 13, and 79 have already connected and paid at the rate of $4.00 per front foot. Lot 80 installed a diagonal lateral and was charged a $30 connection fee. LOT NO. ASSESSMENT FRONTAGE AMT COLLECTED AMT TO BE COLLECTED 5 107.45 -- $ 616.76 6 110.00 $ 440.00 -- 7 100.00 400.00 -- 8 100.00 400.00 -- 9 100.00 400.00 -- 10 100.00 400.00 -- 11 100.00 400.00 -- 12 100.00 -- 574.00 13 100.00 400.00 -- 79 115.00 460.00 -- 80 123.78 30.00 -- TOTALS $3,330.00 $1,190.76 TOTAL REIMBURSEMENT $4,520.76 IN IVI'I,NESS IEEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. Canyon South,. Inc. .ATTEST By: .l Bye., ATTEST DONALD A. BLUBAUGH CITY OF PALM SPRIT%TGS, CALIFORNIA A Nhanicipal Corporation CD City Cler<\— By NALD A. BL"HC].-LYanager APPROVED AS TO FORM CONTENTS APPROVED ` y Attorney � ""`"" E� / City gineer Da e Date Approved by the City Council by Resolution //G76 _-)4/7 STATE OF CALIFORNIA l ---_��7 }COUNTY OF SS. GaC✓1.LLLC�'------------ On-_. -------------- before me, the undersigned, a Notary Public in and fq said State, perso illy appeared -.. � i� ...%r��'LCd) �/- �wC.�`"7 known to me to be the ........- .. ._.President, and [L��-. �• r �L'LC ��'��, l:Hawn to me to be the..G cLs:.l:�:(d: CG .ir'.-.7,So---etar-y of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same, and acknowledged to me that such Corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors. WITNESS my hand and official seal ' ,. II II f fll.;l akin crvi u+ � (Seal) / +flNN 9 B 39, _� ! {. fJCIA I LI ';dglA _ _..._ f --(, ._....---- I`I' hII,L 0 p,c� +N _ L7 (Notary Public's Sig��re) My Commission Expires July 19, 1977 IIIIIIIIIIUI111111111111111111111f 1111111111111111111!IIIIIIIIIIIII11111111YlllllllLll111111111111111111111111111111 a2307-7 3-79* 25 P.S. Corporation Notarial Acknowledgment 15 a 5 �� 1 �- CIVIL ENGINEERING Q 15 a 6 600 E.TAHQUITZ-McCALLUM WAY SUITE D PALM SPRINGS, CALIFORNIA 92262 WEBB ENGINEERING,INC. TELEPHONE 714.325-2245 September 19, 1975 Canyon South P.O. Box 4563 2370 Via Lago Palm Springs, Calif. 92262 Attn: Dick McCarthy Dear Sir: We wish to verify that the cost of design engineering and survey construction layout for construction of sani- tary sewers in Camino Real to service Tract No. 4516 and 4516-1 was for the amount of $1,464.77. Sincerely, WEBB ENGINEERING, INC.y � James A. McGillvray, Vice President - Field Operations JAM:ke EXHIBIT ALBERT A.WEBB,President JOHN L.SANBORN,Vice Presidenl8 General Manager ARTHUR H.WEBB,Secrelary P & ROO MAS S EY BA "M ANC FFOCF< CO. grading-paving coneractora 43850 MONROE- P.O BOX 1767- INDIO, CALIF 92201 TEL, (714) 347-3326 License #271769 September 19, 1975 Dick McCarthy 1299 La Vern Way Palm Springs, California 92262 ATTN: Dick McCarthy Dear Sir: The cost of sanitary sewer construction on La Vern Way to service Tract 4516-1 & 2 was $11,808.75. Cost breakdown for mainline and manholes are as follows: 8p1 V.C.P. 1,215 L.F. @ $ 7.25 $8,808.75 Sewer Manholes 4 ea, @ 750.00 32000.00 $ 11,808.75 Very truly yours, MASSEY SAND AND ROCK CO. John N. Conovaloff Chief Engineer JNC/kaj I.."j E HIBIT d a B 15 a 7 15 a 8 OnaNNI"ON SOU SOUTHf INC* POSTOMCEBOX4553 0 PALM SPRINCS,CALIFORNIA92262 0 TELEPHONE(714)&31t 327-6528 January 21 , 1976 . Mr. Jim Andrews City of Palm Springs Engineering Department 3200 McCallum Way Palm Springs , California 92262 Dear Mr. Andrews: Following our telephone conversation of this date regarding sewer reimbursement funds you are holding for connections to the sewer as installed by Canyon South Inc. in La Verne Way, we will accept the actual amount collected by the City of Palm Springs for adjacent properties sewer lateral hookups . It is our understanding that the amount that Canyon South, Inc. agrees to accept is the actual amount as collected by the City of Palm Springs. Thank you for your courtesy and cooperation. Sincerely CANYON SOUTH, INC. f � R. F. McCarthy,Jr f' E X H I B IT °C" RFM:m r JAN 2 3 1976 JJ COiYIft4UNITY DEVELOPMENT moo. cr 1 �ti 1 Jul C)1'L\ g 80 h 79 24 2sr 13 h 12 h I1 10 9 h 8 h 7 h 6 0 5 Q ' 4 9dd2 e3 76 9S" o• '�{ DO /00 /OD /00 /OD /DO LA_VERNE _ WAY h �a d'YCPsftvfL �`� d'1lGP Jf/UfC �a 6 fYCP1PWEQ �� ! d flPJflVi2' �}{ LOT 43 LOT 28 LOT 27 F Jai!B�15J-9 9 IM B l3l81 I