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Home My WebLink About01207 - SHAREHOLDERS BILTMORE DEVELOPMENT CORP SEWER CAMINO REAL SEWE.ONSTRUCTION REFUND AGREEffiSL BEEN TI - CITY OF PALM SPRINGS, CALIFORNIA' A7'Shareholders Biltmore Dev. SHAREHOLDERS BILTMORE DEVELOPMENT CORI Corp - Private Sewer Agr for Camino Real SEWER AGREEMENT NO. G 7 AGREEMENT 01207(Orig 2-4-76) Res 011677, 2-4-76 THIS AGREEMENT made and entered into this /K day fia 19761 between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and SHAREHOLDERS BILTMORE DEVELOPMENT CORP. , Hereinafter tailed the DEVELOPER. WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Lots 1 and 2 of Tract No. 4423 delineated on the plat "Sewer Construction Refund Agreement'' attached hereto, marked Exhibit "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. Allred F, Kyser Construction Co, dated October 31, 1975, 2. Webb Engineering, Inc. dated September 22 , 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 16 a 3 16 a 4 WHEREAS, the CITY has determined that said benefit will be in direct propor- tion to the frontages of Lots 34 to 43 inclusive of Rancho Royale and Lots 6 and 7 of Biltmore 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 1,397.35 feet, NOW THEREFORE TI3IS 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 Assessment for Lots is hereby established: Lots 34 to 43 inclusive of Rancho Royale and Lots 6 and 7 of Biltmore Estates $4.50 per front foot. Lots 6, 35, 41, and 43 have already connected and paid at the rate of $4.00 per front foot. Lot 34 was exempted from payment by the DEVELOPER. LOT NO. ASSESSMT FRONTAGE AMT COLLECTED AMT TO BE COLLECTED Biltmore Estates 6 100.00 $ 400.00 -- 7 100.03 -- $ 450.14 Rancho Royale 34 124.01 -- -- 35 130.00 520.00 -- 36 130.00 -- 585.00 37 130.00 -- 585.00 38 130.00 -- 585.00 39 130.06 -- 585.27 40 109.64 -- 493.38 41 78.93 315.72 -- 42 115.00 -- 517.50 43 119.68 478.72 -- TOTALS $1,714.44 $3,801.29 TOTAL REIMBURSEMENT $5,730.04 IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. Shareholders Biltmore Dev Iopmert-t;oro ATTEST, '"J By: iJ ATTEST CITY OF PALM SPRINGS, CALIFORNIA DONALD A. BLUBAUGII A Municipal Corporation B Qi:y��C�—ityCl�erl � :B y: NALD A. L iA 1ri, City I ager APPROVED AS TO FORM CONTENTS APPROVED 1�4y Attorney City En 'neer /_/ 2 -7G 1 ^ 9 -74 Date Date Approved by the City Council by Resolution //,:�,77 _1,1'117el 16 a 5 9 ALLRED AND KYSER CONSTRUCTION CO. 16 a 6 General Engineering Contractors OFFICE (714) 343-3618 P. O. BOX 458 RES. (714)346-6920 THOUSAND PALMS, CALIFORNIA 92276 RES. (714) 347-0394 October 31, 1975 Shareholders' Capital Programs, Inc, P. 0. Box 4576 Palm Springs, Calif, 92262 Gentlemen: Stith reference to the construction of the Camino Real portion of sewer improvement into Biltmore Condominiums, the portion of our billing for this was $11,410.00 plus $229.50 for the permit. Unit re-cap as follows: 6 manholes @ $550.00 $ 3,300.00 1,445,63 L.F. VCP (81 ) @ 5,61 80110.00 2 6" VCP laterals 62 L,F. @ 4,5o 279,00 $ii,689.00 Less: 6" VCP 279.00 $11,410.00 Yours very truly, ALLEED ADM KYSER CONSTRUCTION Co. Thomas E. Kyser, Prdsident TEK/ak f _ �EYEL LC:GEMEC�7ING �� 600 E.TAHQUIT'Z-McCALLUM WAY SUITE D PALM SPRINGS, CALIFORNIA 92262 WEBS ENGIN� GING,IIr . TELEPHONE 714.325-2245 September 22 , 197S Shareholders Biltmore Development Corp . P. 0. Be,, 4S76 Palm Springs , Cali£o-ri'iia 92262 Gentlemen: Ne wish to verify that the cost of design engineering and survey construction layout for construction of sanitary sewers in Camino Real to service Tract No . 4473 was for the amount of $1 , 388 . 00 . Sincerely, WEBB ENGINEERING , INC . James A. McGillvray , Vice President-Field Operations JAMcG ; j1 �1 /I EXHIBIT ALBERTA.WEBB,President JOHN L.SANBORN,Vice Resident d General ivtanage, 16 a 7 ARTHUR H.WEBB,Secretary SHAREHOLDERS BILTMORE DEVELOPMENT CORPORATION 16 a 8 1888 Century Park East Los Angeles, California 90067 (213) 277-4900 January 23, 1976 Mr. James H. Andrews Engineering Division Department of Community Development City of Palm Springs 3200 Tab quitz-Mac Callum Way Palm Springs, California 92262 Dear Mr. Andrews: This letter concerns our telephone conversation today regarding the sewer hook-up agreement we have pending with your agency. We understand that hook-ups to our sewer line have been made prior to our agreement taking effect and understand that we would be reimbursed only in the amount in trust of the agency fund that you now hold on any of the past hook-ups. I trust this letter meets your purposes and that our pending agreement gets an early approval. Sincerely yours, BILTMORE HOMES, a Joint Venture By: Shareholders Biltmore Development Corporation By . ti William E.�luthill, President WET:pt E X H I B IT "C" JAN 26 1976 COMMUNITY DEVELOPMENT �pj ( fp, q {, D i�i_:N'F:.ry,' L✓�-/r .��?�/'\ A 4-1<'m C. l.,.l A A� inx W.�." s MAR a 7 1976 Rf \ 7�` CITY CLERK A` ,L IN C'q _ \P/ Cr L, [ 1� 011 N i A FORNA c5 P.O. Box 1786, Pa]m Springs, California 92262 (714) 323-2661 March 17, 1976 Shareholders Capital Program, Inc. 1888 Century Park Fast Los Angeles , California 90067 Attn: Bill Tuthill Re: Sewer Agreement #i1207 Dear Mr. Tuthill : In processing the refunds due Shareholders on Sewer Connection Permits issued prior to approval of Sewer Agreement #1207, I have found two errors in computation of the Agreement amounts : 1. On page 2 of the Agreement, the figure shown for Parcel 41 of _�315.72 was not the amount collected on the permit (copy attached) . The street frontage was calculated at 62 lin. ft. X MOO = $248.00, which was the amount collected on Sewer Permit A-3577. It should be noted that this permit was issued prior to any knowledge by the City that Share- holders had any intention of filing an Agreement. 2. Also on page 2, the figure shown as $1 ,714.44 is incorrect due to the above stated situation and should be $1 ,646. 72. 3. Also on page 2, the figure shown as "Total Reimbursement" in the amount of $5,730. 04 is in error. The figure should be $5,448.01, partly due to the above and partly due to an error in calculation. The error in calculation occurred when the amount received on permits was de- ducted from the full face amount of the Agreement, ignoring the fact that permits had been issued at a lesser amount than the $4.50 per front foot charge: The proper calculation is as follows : 1397. 35 lin. ft. X $4. 50 = $ 6,288.08 Less Parcel 1#34 124.01 X $4. 50 = 558.04 $ 5,730.04 • Shareholders Capital Program, Inc. March 17, 1976 Page 2 Parcels 6, 35, 41, 43 = 428.61 lin. ft. @ $4 .50 per lin. ft. _ $ 1 ,928.75 Parcels 6, 35, 41, 43 = 428.61 lin. ft. @ $4.00 per lin. ft. _ $ 1,714.44 Less Item ,Il above 67.72 (Collected Amount) $ 1 ,646.72 Loss due to not filing Agreement $ 282.03 Amount remaining to be collected on Agreement $ 3,801.29 Amount collected prior to Agreement filing 1 ,646. 72 Loss due to not filing Agreement 282.03 $ 5,7 00.04 The loss due to filing the Agreement was included in the calculation on the original Agreement which was in error. The Total Reimbursement figure should have been $5,448.01 with the amount previously ,collected (minus $1 ,646.72) , leaving an outstanding balance on Agreement of $3,801.29. Amount collected prior to Agreement being filed $ 1,646. 72 Amount remaining to be collected 3,801.29 $ 5,448.01 I hope this clears up any questions you may have regarding the Agreement. IF we may be of further assistance, please feel free to contact this Department. Very truly yours , SIDNIFY E. SUMMERS Chief Building Inspector �� TRAVIS�� Information Permit Supervisor TRL:ss i A � ' . CIILGI: RLQULSIF ADVANCE --- SCtr1NARJ CORFE RCNtiE RLGISTRATION unn. FINAL DAZE CHECK REQUIRED TIILii: lj rl.(ISG/sty�;/T Oi[/ .�.Ed✓E,^t �7G,Pa�Eh7E/VT /4'Q� —.r--.;-_ FINANCE USE ONLY PAYAULL TO: S�i9,%'•c'it�./..�.6,•?S .1�.^GTTw�.2,:- 1�c.hcl o,��.c'n✓T �3.? y{ I , �i0 '�e?06% V'd CH[CK NO. l'BG.c{i✓Ti,y.�q;ems .�sr, .G.r.S „—�.,v�, .c.�g „ oo Y� AwuuraT TE ACCOUNT NUMBER: l�;+� -o96'rlZ ADVANCE OR REGISTRATION GIVE DATE AND LOCATION OF 'Fl1NCTION: F DESCRIPTION OF EXPENDITURE: ,��"ii» ✓•a'SENrz�.7" oi.' ,5,�:�✓,e:Y ,..Or,�'��v.m.e�'T .rs'/za J'- <, rii/ /,,+ )�577 /.iSr//_==.o /�:=ior' 7'.0 /'vim✓i,�-.c•.;';,�%��✓ s�.� Pad^-,!✓oir;rh inG,�,rr.��.r_�vT' /'✓,5�,2• ="�—'i`// ° Z NLPARTMLNT'HEAO APPROV 'L L FINANCE APPROVAL OArE { 0 1 45D-D-57 J t Rov. 5-63 P S S SAY a )ERR a— n �'� �� OF MUM wPFidaN � cr��A C .I� V -n OWNER _ JOB CATION _ CONTRACTOR Bathtubs @ 2 Units �,� SEWER AGREEMENT NO. I C Lavatories 1 .z r„v�7 2 Toilets 6 " / y/ �• 1, Front Ft. (6.,f Laundry Troy< 2 " ;L Q p Street Main Chg. 1122-3642 vJ Lateral Installation fee Showers 2 [ ¢ N22-3643 1 Sinks 2 j Sewer Insp. Fee Il11-3214 7 „ O_ Cesspool Pumping 'I .' r _�/ Automatic Washers 2 �� I— w Fee I111-3214_ Dish Washers 2 p� w ¢ Single Dwlgs. F. U. 1 Dnnk'mg Fountain 1 ULj Apartment F. U. d Urinal 2 " =C Hotels F. U. � ,- _ +U Commercial F. U. Garb. Disp. Resid. 6 Garbage Dlsp. Cam. 12 TOTAL FEE 4 Total Fixture Units yput. Owoc ov PI�m6�r Oop ortmon� 04 pl onnlne & Oavolopment, Hoddl'q M" 3577 I I I I I I o F�-AJ\Jr IF] J FRDYA r a Q 40 a 39 ti 38 z 37 38 h 'h NO'23'30"£ CA M I N O REAL 5 V 4j S MB Ili 100 EXHIBIT +A' TO SEWER SEWER CONSTRUCTION REFUND CITY OF PALM SPRINGS AND SHE - +•-..�.�T i ^oo ccWFR AGF i 1 I LLI I > ��J\fry Q 35 0 34 `rJJ I r�Jul I I /lase ''�� I 99Bes� 0 d yC - •�• � G" dG,P JFWEQ �� - JM C'YCP - B//B ,70� �-Peo• n — o \ LJ J �J m aGREE`M ENT" `NO. 1ao 7 F'] L71vJc)F?E kGREE6AJ=NT BETWEEN THE 1�rJ �/ J RE HOLDERS GILT► ORE - EE MENT,-NUMSER 1 �i