HomeMy WebLinkAbout01231 - DWA DESERT WATER AGENCY TENNIS CENTER BARISTO REFUND 11 a 2
TENNIS CMTLE_=
(BARISTO ROAD)
Desert Water Agency - Main Ext
Refund Agr for Tennis Center
DESERT WATER AGENCY AGREEMENT #1231 (Orig 1-25-75)
I Drawer 1707 MO 1�2379, 6-2-76
Palm Springs, California expires 1-25-1990
MAIN EXTENSION REFUND AGREEMENT
1. PARTIES:
1. 01. The parties to this Agreement are the DESERT
WATER AGENCY, a public agency created by the Legislature (Stats.
1961, C. 1069) hereinafter called "Agency" and
City of Palm Springs, 3200 E. Tahquitz-McCallum Way
hereinafter called "Developer".
2. RECITALS:
2. 01. Agency enters into this Agreement pursuant to
the authority found in its Ordinance No. 6, as amended by Ordi-
nance No. 11.
2. 02. Developer agrees to pay all of the costs of
designing and constructing the Agency's water distribution system
to connect his property to the Agency's existing system in exchange
for Agency's promise to levy, collect and pay over to Developer a
front footage charge on all direct connections to the main exten-
sion from properties fronting on said main extension; payments
will be made in conformance with Paragraph 3. 05 of this Agreement.
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(Main Extension Refund Agreement-Contd)
3. TERMS AND CONDITIONS:
3. 01. Developer agrees to be bound by all of the rules
and regulations of the Agency as evidenced by its ordinances and
resolutions now in effect, and including such amendments thereto
as may from time to time be adopted by the Agency's Board of
Directors.
3. 02. Exhibit "A" designates the general area to be
served by the proposed main extension.
3. 03. Developer agrees to advance the total funds re-
quired to enable the Agency to make the proposed installation, or,
in the alternative, to contract for said installation pursuant to
an agreement between the Developer and a qualified contractor,
which said agreement must be approved by the Agency, according to
its rules and regulations, and which said work, if performed by
an independent contractor, must first be approved by the Agency.
In the event the amount indicated on Exhibit "B" is not sufficient
to complete the job, Developer will advance whatever funds are
necessary for total completion.
3. 04. Developer has obtained and submitted to the Agency
the cost of all work to be performed and material required to
design and .eonstruet the proposed main extension. Where the Agency
has required that the proposed pipe size be enlarged to meet antic-
ipated future demands of the Agency beyond those required for the
main extension, the same has been made known to the Developer, who,
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"` 11 a 4
(Main Extension Refund Agreement--Contd)
in turn, has submitted the total cost of the proposed main exten-
sion, including the incremental cost of oversize pipe chargeable
to the Agency. Exhibit "B" attached hereto sets forth the total
cost of the job. If any portion of said cost is assigned to the
Agency by reason of oversizing pipe, the same will be paid by
the Agency to the Developer thirty-five (35) days after a notice
of completion has been filed of record and no liens have appeared.
3. 05. The parties agree that the cost per linear foot
of said main extension is $ 13.725 and that the front
footage charge , therefore, is $ 6.862 per linear foot.
Agency agrees to levy a front footage connection charge of
$ 6.862 per foot against all property fronting on said
main extension at such future time as a direct connection is made.
The moneys so collected by the Agency will be paid over to the
developer within thirty (30) days after collection. If there are
no connections to said main extensions, there will be no obliga-
tion on the part of the Agency to levy, collect and pay over to
the Developer any money. If an owner of property fronting on the
main extension requests a connection to the main extension.to
serve a portion of his property, the Agency's duty to levy, collect
and pay over to the Developer the moneys so collected shall be
limited to that portion of the property so benefitted, and the
Agency shall be the sole judge of the property benefitted by the
connection.
3. 06. In the event a dispute should arise between the
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•
(Main Extension Refund Agreement--Contd)
Agency and any subsequent connector to the main extension as to
the portion of the parcel to be benefitted, the Agency shall
determine the portion thereof so benefitted and the finding of
the Agency shall be conclusive.
3. 07. The Agency's obligation to collect moneys here-
under shall continue for a period of fifteen (15) years from
the date of this Agreement.
3. 08. This Agreement shall be binding on the heirs,
successors and assigns of the parties hereto.
3. 09. Any assignment of this contract by the Developer
must first be approved by the Agency.
3.10. All right, title and interest in and to said
main extension improvement, including, but not limited to fire
hydrants, appurtenances and other items shown on Exhibit "B" ,
shall become the property of the Agency upon their installation.
Developer agrees to hold Agency harmless from any claim of right
against the property so transferred.
Date Tannary 25 1975 DESERT WATER AGENCY
General manager
CITY OF PALM SPRINGS, CALIFORNIA
ATTEST: (Developer)
DONAL BLUBAUGH,7/City Clerk .�---
_ ,�-�`� City Mana er
Deputy Citj ClerkTY pp
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APP'D BY REVISED PERMIT NO. FILE NO.
DESERT WATER AGENCY SHEET
PALM SPRINGS CALIFORNIA OF
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EXHIBIT "B"
JOB COST $ REFUND COMPUTATION
Tennis Complex - City of P.S.
Baristo Road
Work Order # 74-846
MAINS:
200' - 8 5/8 O.D. C.M.L. Steel Pipe @ 13.725/ft. $ 27745.00
TOTAL . . . . o . . . 2,745.00
SERVICES . . . . . . . . . . . . . . . . . . . . . . . 800.00
NET COST TO DEVELOPER . . . . . . $ 3,545.00
LESS NON-REFUNDABLE EXPENSES
(For Developer Use Only)
SERVICES . . . . . . . . . . . . . . . $ 800.00
TOTAL NON-REFUNDABLE . . . . 800.00
TOTAL AMOUNT TO BE DISTRIBUTED . . . . . . . . . . . . . $ 2,745.00
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MAIN:
AMOUNT TO BE DISTRIBUTED . . . . . . . . . . . . . . . . . . . $ 2,745.00
AMOUNT TO BE REFUNDED (1/2 of amount to be
distributed) . . . . . . $ 1,372.50
TOTAL LENGTH OF MAIN SUBJECT TO REFUND . . . . 200 L.F.
COST PER LINEAL FOOT . . . . . . . . . . . . . $ 13.725
ASSESSMENT PER FRONTAGE FOOT . . . . . . . . . $ 6.8625
TOTAL AMOUNT SUBJECT TO REFUND $ 1,372. 50
Checked by: Accounting >(' .�}J.� . Engineering
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EXHIBIT 'B"
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