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HomeMy WebLinkAbout01371 - SIDNEY VANTON EL CIELO LANDSCAPE EASEMENT TRACT 9115 0 City of Palm SpringsVC Department of Finance and Treasury 0". ...... 3200 E.Tahquitz C2rY0n Tfty - Pdrn Springs,California 91262 , 7 XVI 16:(760)323-8229 • F=(760)322-8320 • Wet):www.pdmslj-ingsca.gov June 29, 2011 JUN 3 0 In Noel Laursen 3280 Cambridge Ct. N Palm Springs, CA 92264 Subject: Camelot Villas Landscape Maintenance Agreement Dear Mr.Laursen: Per your request, the City will be dissolving the 1978 Landscape Maintenance Agreement approved by Resolution No. 12512. The City Finance Department has already'suspended the semi-annual assessment billings and the City Public Works Department has terminated the parkway area maintenance and palm tree trimming contracts. The only remaining issue is the transference of the existing water meter which currently is in the City's name. Please let me know the name and address to which this water meter is to be transferred. The change is proposed to take effect as close to July 1, 2011 as possible, but no later than August 1, 2011. If we have not received a reply by that time, then the Public Works Department will instruct the Desert Water Authority to terminate the service for that meter. If you have any further questions, please feel free to call me at(760) 323-8221 or send me an e-mail to neoffrey.kiehlOpalmsprinqsca.gov. Sincerely, Geoffrey Kiehl Director of Finance cc: Dave Barakian, City Engineer and Director of Public Worksv" Tom Wilson, Assistant City Manager Post Office Box 2743 • Palm Springs, California 92263-2743 AMENDMENT NO. 1 TO AGREEMENT NO. 1371 SYDNEY VANTON FUNDING AGREEMENT FOR TRACT NO. 9115 MAINTENANCE OF EL CIELO LANDSCAPE EASEMENT WHEREAS Agreement no. 1371 was entered into the 4th day of January, 1978, by and between the City of Palm Springs, California, hereinafter referred to as "City" , and Sydney Vanton, hereinafter referred to as "Sydney Vanton", Lessee under Business Lease PSL-175 for the maintenance of the landscape easement within Tract No. 9115; WHEREAS the parties to Agreement No. 1371 mutually desire to amend Section 2 of said Agreement; NOW THEREFORE the parties hereto mutually agree as follows: 1 . Section 2 of aforesaid Agreement No. 1371 is amended to here- after read as follows: "Sydney Vanton agrees to add as a monthly charge an additional sum of $7.00 per month to the rental of each of the lot subleases at such time as a residen- tial lot sublease is entered into with the buyer of a subleasehold on a residential lot within the prop- erty described in such business lease." 2. Except as expressly modified herein, all other terms and con- ditions of Agreement No. 1371 are hereby ratified and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this 2 day of i , 1978. ATT T CITY OF PALM SPRINGS, CALIFORNIA B "Deputyy Cl e k i Manager REVIEWED & APPROVED L(J SYDNEY VANTON, INC. /p By 1" i s: •.:BT, U 'IT0 Sydney Vantgh, President �a.T?7 ?� R. S. McDermott, Director Bureau of Indian Affairs Palm Springs Office, for and on behalf of Dianna Bow and Lucille Ann Bow, Minors pursuant to 25CFR 131 .2 (a) (2) Lessor 6 a 4 Vaaton, Sydney- Mntnce of E1 Cie10 Lndscp Easement,TR 9115 AGREEMENT #1371 (Orig 1-4-78) Res 12512, 1-4-78 SYDNEY VANTON FUNDING AGREE FOR TRACT 9115 - - MAINTENANCE OF EL CIELO LANDSCAPE EASEMENT /II L" THIS AGREEMENT is entered into this Y— day ofc.7c a'u, 191; by and between the CITY OF PALM SPRINGS, CALIFORNIA, hereinafter referred to as "CITY" , and SYDNEY VANTON, hereinafter referred to as "SYDNEY VANTON" , lessee under Business Lease PSL-175. This agreement is made with reference to the following recitals : A. Business Lease PSL-175 dated March 26, 1974, was executed by the BUREAU OF INDIAN AFFAIRS, for lessor, with SYDNEY VANTON, as lessee, and recorded the 18th day of May , 1977, with the County Recorder of the County of Riverside as Instrument No. 85152 B. Said lease contemplates that the lessee will subdivide such property for single family dwellings with approximately twenty-one (21 ) residential lots. C. The CITY as a condition of approval of the development plan and subdivision maps on the property described in said leases has required SYDNEY VANTON to dedicate to the City of Palm Springs a twenty (20) foot easement fronting upon El Cielo to provide for landscaping, beautification, and for a pedestrian walkway for the remaining term of the said Lease PSL-175. D. The parties to this agreement are seeking a feasible method by which the individual lot sublessees of the subdivided lots on the property located within said lease can be required to contribute a reasonable sum to the maintenance of said landscape easement. These conditions apply only to Subdivision Map 9115. NOW, THEREFORE, for and in consideration of the mutual conditions and covenants as set forth herein, the parties agree as follows: 1 . SYDNEY VANTON agrees to grant an easement or dedicate, whichever � � �� �y � © , � > � � ©: � y � �y .� A is required, a twenty (20) foot strip of land to the CITY OF PALM SPRINGS on land fronting upon E1 Cielo, to provide for landscaping beautification, and for a pedestrian walkway for the remaining term of Lease PSL-175. 2. SYDNEY VANTON agrees to add as a monthly charge an additional sum of $ 12.25 per month to the rental of each of the lot subleases at such time as a residential lot sublease is entered into with the buyer of a subleasehold on a residential lot within the property described in such business lease. 3. SYDNEY VANTON, as lessee under said lease, hereby agrees that he will collect such per month maintenance payments from the sublessees and will remit such sums so collected to the CITY OF PALM SPRINGS semi- annually on or before the fifteenth (15th) day of January, and the fif- teenth (15th) day of July of each year of the remaining term of the lease. 4. SYDNEY VANTON, as developer, will totally improve the twenty (20) foot strip of land according to plans and specifications as approved by the City and maintain same until such time as seventy-five percent (75%) of the lots are subleased, at which time the maintenance shall be assumed by the City. 5. SYDNEY VANTON shall be responsible for the payment of the above described fees for all the lots whether subleased or not at the time the City assumes maintenance and from there forward to the termination of said lease. 6. SYDNEY VANTON and the City hereby agree every five (5) years to review the monthly charge and make adjustments to reflect any increases or decreases in the cost to maintain the twenty (20) foot strip. 7. SYDNEY VANTON reserves the right to assign this obligation to any collection agent which will undertake the responsibility to collect the rents as provided for in the residential lot leases, and further agrees that any successor to his leasehold in PSL-175 will be required to assume the obligations of this agreement in writing. 8. The CITY hereby agrees to maintain such landscape easement during k the term of said leases. 9. This agreement shall become effective upon execution by SYDNEY VANTON and the authorized representative of the CITY OF PALM SPRINGS, CALIFORNIA, and shall be binding upon the heirs , administrators, successors and/or assigns of said SYDNEY VANTON. DATED: Dec. Z111 SYDNEY VANTON, INC. i BY._- � � SYDNEY VANTON, P sident DATED: 7-�l ��� �%�j CITY OF PALM SPRIN S, CALIFORNIA Y ALD A. BL BAU City e nager Lessor, as defined in business lease PSL-175, hereby approves of Lessee, under said lease, to enter into this maintenance agreement between the CITY OF PALM SPRINGS and SYDNEY VANTON, INC. . Should lessee terminate said lease PSL-175 as provided in Article 18 of said lease and lessor then operates as assignee to any and all subleases and/or subtenancies, the Bureau of Indian Affairs, Palm Springs Office, for and on behalf of Dianna Bow and Lucille Ann Bow, Minors, "Lessor", agrees to abide by and execute the terms and conditions of this maintenance agreement for the remaining term of said Lease PSL-175. DATED: R. S. McDERMOTT, Director Bureau of Indian Affairs Palm Springs Office, for and on behalf of Dianna Bow and Lucille Ann Bow, Minors, pursuant to 25CFR 131 .2(a) (2) Lessor. APPROVED BY THE CITY COWxE C6&. I� �. r