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°q`.F01&' City Council Staff Report
Date: April 18, 2018 PUBLIC HEARING
Subject: A PUBLIC HEARING TO CONSIDER APPROVAL OF A SEWER
CONSTRUCTION REFUND AGREEMENT WITH MAGIO, INC., A
CALIFORNIA CORPORATION, FOR A PUBLIC SEWER LINE
EXTENSION IN RADIO ROAD
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
The City has an established policy for sewer refund agreements dating back to 1980,
which allows for reimbursements to developers for extending public sewers. The policy
requires that a reimbursement agreement be prepared to identify the total costs of the
sewer line extension, the properties benefitting from the sewer line extension, and the
reimbursements due from each benefitting property. This item will allow the City
Council to consider approval of new reimbursement agreement for a public sewer line
extension in Radio Road, constructed by Magio, Inc., a California corporation.
RECOMMENDATION:
1) Open the Public Hearing and receive public testimony; and
2) Approve Agreement No. , a Sewer Construction Refund Agreement with
Magio, Inc., a California corporation, for a public sewer line extension in Radio
Road; and
3) Direct the City Clerk to record the Sewer Construction Refund Agreement with
the Riverside County Recorder.
BUSINESS PRINCIPAL DISCLOSURE:
According to a Statement of Information filed with the Secretary of State on December
22, 2016, Magio, Inc., is a California corporation and its officer is: Mario Berardi
(CEO/Secterary/CFO). The single Director listed is Mario Berardi, who owns 100% of
the business entity. 2
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°'10F°R��P City Council Staff Report
Date: April 18, 2018 PUBLIC HEARING
Subject: A PUBLIC HEARING TO CONSIDER APPROVAL OF A SEWER
CONSTRUCTION REFUND AGREEMENT WITH MAGIO, INC., A
CALIFORNIA CORPORATION, FOR A PUBLIC SEWER LINE
EXTENSION IN RADIO ROAD
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
The City has an established policy for sewer refund agreements dating back to 1980,
which allows for reimbursements to developers for extending public sewers. The policy
requires that a reimbursement agreement be prepared to identify the total costs of the
sewer line extension, the properties benefitting from the sewer line extension, and the
reimbursements due from each benefitting property. This item will allow the City
Council to consider approval of new reimbursement agreement for a public sewer line
extension in Radio Road, constructed by Magic, Inc., a California corporation.
RECOMMENDATION:
1) Open the Public Hearing and receive public testimony; and
2) Approve Agreement No. , a Sewer Construction Refund Agreement with
Magio, Inc., a California corporation, for a public sewer line extension in Radio
Road; and
3) Direct the City Clerk to record the Sewer Construction Refund Agreement with
the Riverside County Recorder.
BUSINESS PRINCIPAL DISCLOSURE:
According to a Statement of Information filed with the Secretary of State on December
22, 2016, Magio, Inc., is a California corporation and its officer is: Mario Berardi
(CEO/Secterary/CFO). The single Director listed is Mario Berardi, who owns 100% of
the business entity.
ITEMNO. ��..,,.C�;,�,�
City Council Staff Report
April 18, 2018- Page 2
Sewer Construction Refund Agreement
Radio Road
BACKGROUND:
History
On August 6, 1980, the City adopted Resolution No. 13487, a Resolution "establishing a
policy for reimbursement of costs for installation of all types of off-site improvements."
As cited in the Resolution, the City identified certain facts:
• There is a need for additional off-site improvements beyond the boundaries of a
particular building site in many instances;
• The City in many instances for the public good installs off-site improvements across
the frontage of vacant lands which are properly the financial responsibility of those
vacant lands.
As a result, the City declared the following policy relative to reimbursement of costs for
installation of all types of off-site improvements:
• A reimbursement agreement may be authorized in order to collect for the cost of
installation of off-site improvements when installed beyond the boundaries of a
project site by a private developer;
• Notice of intention to enter into such agreement shall be given to the owner of each
parcel of property to be charged with the cost of such improvements, and each such
owner shall be given an opportunity to be heard as to:
1) The necessity of installation of such improvements prior to such owner's
development of his property;
2) The necessity for such installation by any party other than such owner;
3) The reasonableness of the costs of such improvements; and
4) Any other matters reasonably related to such reimbursement agreement and its
effect upon such owner's property.
• The reimbursement agreement shall include a sufficient legal description of each
parcel of real property to be charged with such costs, and shall be recorded in the
Office of the County Recorder of Riverside County.
On October 15, 1986, the City adopted Resolution No. 16031, and reaffirmed its policy
for reimbursement of costs associated with off-site improvements, clarifying the scope
of improvements to be considered for reimbursement and the procedure for establishing
a reimbursement agreement.
In 1984, the City was completing extension of public sewers through most of the City.
Extension of sewers to all properties was a condition of state grant funds received in
1976 for expansion of the City's wastewater treatment plant. Assessment Districts were
established to facilitate payment to the City for its cost to extend public sewers to all City
properties. At that time, many owners petitioned the City to be exempt from the
02
City Council Staff Report
April 18, 2018- Page 3
Sewer Construction Refund Agreement
Radio Road
mandatory requirement to connect to the sewer system given the high construction cost
for sewers in hillside areas.
On August 15, 1984, the City adopted Resolution No. 15188 which allowed for
exemptions to the mandatory requirement to connect to the public sewer, if the costs
associated with the on-site sewer connection exceeded $3,000; or, if the costs
associated with the off-site sewer extension exceeded $5,000. On July 2, 2003, the
City adopted Resolution No. 20650 which adjusted the prior exemptions to $4,776 for
on-site sewer connections, or $7,960 for off-site sewer extensions, with annual
adjustments in accordance with the Engineering News Record Construction Cost Index.
Currently, (as of December 2017) exemptions are $6,980 for on-site sewer connections,
or $11,634 for off-site sewer extensions.
Generally, the City's Building Codes require a property to connect to the public sewer at
the time a building permit is issued for new construction, or if the existing on-site septic
tank system fails or requires expansion. However, mandatory connections are
exempted if the public sewer is more than 500 feet away, or if the costs for on-site
connection or off-site extension exceed the amounts previously identified. As a result, a
part of the industrial area of along Radio Road, located west of N. Indian Canyon Drive,
did not have public sewers and the existing parcels are either vacant, or were previously
developed with individual on-site private septic tanks.
STAFF ANALYSIS:
In 2007, Mario Berardi, then doing business as Bera West Enterprises, submitted
applications to develop a 5,000 square feet commercial warehouse building on two
vacant parcels of industrially zoned land located at 245 and 265 Radio Road. On May 9,
2007, the City's Planning Commission granted approval of Case No. 3.3033 and 3.3034
MAJ, for each of the commercial warehouse buildings to be developed at 245 and 265
Radio Road. An aerial photo of the area in question is provided in Figure 1 on the next
page, and a Vicinity Map is included as Attachment 1 .
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City Council Staff Report
April 18, 2018 - Page 4
Sewer Construction Refund Agreement
Radio Road
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FIGURE 1
As the existing public sewer was located in Indian Canyon Drive, less than 500 feet
from the parcels to be developed, the City Engineer recommended that the developer
be required to extend a new public sewer in Radio Road to provide sanitary sewer
service to the two existing vacant parcels that were to be developed.
Accordingly, the Planning Commission included in its approval of Case No. 3.3033 and
3.3034 the following conditions of approval:
• Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
• Construct an 8 inch V.C.P. sewer main across the entire Radio Road frontage
located 5 feet from centerline or as required by the City Engineer extending
from the existing public sewer system located in Indian Canyon Drive.
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City Council Staff Report
April 18, 2018- Page 5
Sewer Construction Refund Agreement
Radio Road
• All sewer mains constructed by the applicant and to become part of the public
sewer system shall be digitally video recorded prior to acceptance of the
sewer system for maintenance by the City. A computer disc of the video
recording shall be provided to the City Engineer for review. Any defects of
the sewer main shall be removed, replaced, or repaired to the satisfaction of
the City Engineer prior to acceptance.
• Costs associated with design and construction of the off-site sewer extension
may be reimbursed, pursuant to a Sewer Reimbursement Agreement
approved by the City Council, in accordance with the policies established by
Resolution 13773, and amended by Resolution 15975. Following completion
and acceptance of the off-site sewer extension by the City Engineer, if
reimbursement is requested in writing by the applicant, the applicant shall
submit a formal request for preparation of a Sewer Reimbursement
Agreement and a $2,500 deposit for City staff time associated with the
preparation of the Sewer Reimbursement Agreement, including City Attorney
fees. The applicant shall be responsible for payment of all associated staff
time and expenses necessary in the preparation and processing of the Sewer
Reimbursement Agreement with the City Council, and shall submit additional
deposits as necessary when requested by the City, which may be included in
the amount reimbursed to the applicant through the Sewer Reimbursement
Agreement. The Sewer Reimbursement Agreement is subject to the City
Council's review and approval at a Public Hearing, and its approval is not
guaranteed nor implied by this condition.
Mario Berardi completed development of one of the two commercial warehouses,
located at 245 Radio Road. Mario Berardi, doing business as Magio, Inc., continues to
own the vacant parcel located at 265 Radio Road. The new public sewer line extension
in Radio Road was constructed, and completed on July 18, 2011.
Proposed Sewer Refund Agreement with Magio, Inc.
On September 11, 2017, Magio, Inc., ("Developer'), submitted a formal request to the
City for a reimbursement agreement for the off-site sewer line extension in Radio Road
and submitted a full accounting of the costs for the extension. City staff has reviewed
the Developer's accounting of costs, copies of invoices, and other related documents
and has determined the reimbursement cost directly related to the off-site sewer line
extension in Radio Road, (excluding any on-site sewer construction or other
development costs), to be $99,656.48.
05
City Council Staff Report
April 18, 2018 - Page 6
Sewer Construction Refund Agreement
Radio Road
Benefit Area Spread of Cost
The off-site public sewer line extension in Radio Road extends from Indian Canyon
Drive west approximately 580 feet west terminating near the east side of the vacant
parcel identified as 265 W. Radio Road. The public sewer line currently provides service
to the parcel identified as 245 W. Radio Road (developed by Mario Berardi), and will
provide service to a future commercial building yet to be developed on the vacant parcel
located at 265 W. Radio Road (owned by Mario Berardi). These two parcels that were
owned by Mario Berardi are included in the spread of cost, but are being excluded from
the reimbursement agreement as the cost to extend sewer to these parcels was the
developer's responsibility, and the developer will not receive reimbursement.
The off-site sewer line extension also extends across three previously developed
parcels located at 3591 N. Indian Canyon Drive, 175 W. Radio Road, and 225 W. Radio
Road. The commercial building located at 3591 N. Indian Canyon Drive is being
excluded from the spread of cost and the reimbursement agreement as it is provided
sanitary sewer service via the sewer line in Indian Canyon Drive.
The remaining two developed parcels at 175 and 225 W. Radio Road are the
"benefitting parcels", and will incur a responsibility to pay the fair share cost of the off-
site sewer line extension at the time either: 1) the property at 225 W. Radio Road is
developed with a building requiring sanitary sewer service; and 2) the existing on-site
septic system for the existing building located at 175 W. Radio Road fails and the
property owner is required to connect to the existing public sewer system.
Therefore, the total cost of the off-site sewer line extension of $99,658.48 will be spread
equally to the four benefitting parcels, for an equitable fair share cost of $24,914.12.
The four benefitting1 Lp',arcels are shown in Figure 2 below.
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City Council Staff Report
April 18, 2018- Page 7
Sewer Construction Refund Agreement
Radio Road
The benefit area is also defined on EXHIBIT "B" (Boundary Map) of the attached Sewer
Construction Refund Agreement. The off-site sewer line extension cost in Radio Road
is equitably spread to each property which benefits from the extension.
However, only the two parcels located at 175 and 225 W. Radio Road will be required to
pay a fair share reimbursement, as the parcels located at 245 and 265 W. Radio Road,
previously owned and developed by Mario Berardi, are excluded from the
reimbursement agreement.
Public Review Process
On November 6, 2017, staff mailed a draft copy of the sewer construction refund
agreement to all benefitting property owners, and staff scheduled and held a property
owners meeting for December 18, 2017. The meeting was attended only by the
developer, and staff discussed the issues related to the proposed agreement.
On March 12, 2018, a public hearing notice was directly mailed to all benefitting
property owners, including a copy of the final proposed sewer construction refund
agreement. The public hearing notice gave 30-day advance notice of the Public Hearing
scheduled for April 18, 2018. A Notice of Public Hearing was also published on March
31 and April 1, 2018.
A copy of the public hearing notice is included as Attachment 2. A copy of the proposed
sewer construction refund agreement is included as Attachment 3.
FISCAL IMPACT:
Approval of the sewer construction refund agreement establishes terms for payment of
the individual assessments, which are paid by the benefitted property owners to the
City, and then reimbursed to the Developer. A total cost of $99,656.48 was paid by
Mario Berardi for extension of public sewer in Radio Road which is being equitably
spread to the four benefitting properties as follows:
Assessor's Parcel No. Reimbursement mount Street Address
1. 669-444-016 ' 2 $0.00 265 W Radio Road
2. 669-444-017 2 $0.00 245 W Radio Road
3. 669-444-004 ' $24,914.12 225 W Radio Road
4. 669-444-005 $24,914.12 175 W Radio Road
TOTAL REIMBURSEMENT: $49,828.24 !3)
07
City Council Staff Report
April 18, 2018- Page 8
Sewer Construction Refund Agreement
Radio Road
NOTES:
(1) These parcels are vacant properties as of the date of this Agreement.
(2) These properties were owned by Developer and are excluded from this
Agreement.
(3) The total payment is $49,828.24 less than the total cost because the payments
for two parcels owned by the Developer were excluded from the Agreement.
Payment of the individual assessment by benefitted property owners is required at the
time a permit is applied to connect to the public sewer system. The assessment is not
paid, nor is any requirement to pay the assessment imposed until such time that a
request is made for a sewer connection permit. The City reimburses the developer only
if, and when, the City collects payments from the benefitted property owners at the time
a sewer connection permit is issued. The agreement does not impose any obligation on
the City to pay in advance, with any of its own funds, the reimbursement amount.
SUBMITTED:
Thomas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S.
City Engineer Assistant City Manager
David H. Ready, Esq.,
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Notice of Public Hearing
3. Agreement
08
ATTACHMENT 1
09
Department of Planning Services ,V r+E
Vicinity Map 5
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Project Site
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surrounding Parcels
CITY OF PALM SPRINGS
CASE NO: 3.3033 MAJ DESCRIPTION: To construct a 5,000 square foot
warehouse at 245 Radio Road, Zone M1, Section 34,
APPLICANT: Mario Berardi APN: 669-444-003.
Bera West Enterprises.
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ATTACHMENT 2
CITY OF PALM SPRINGS,
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public
hearing at its meeting of April 18, 2018. The City Council meeting begins at 6:00 p.m., in the Council
Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this meeting is to consider a Sewer Construction Refund Agreement between the City of
Palm Springs, California, and Magio Inc/ Mario Berardi, the terms of which provide for the reimbursement
to Magio Inc / Mario Berardi for costs associated with an off-site public sewer extension in Radio Road,
which benefits adjacent properties on Radio Road. The total cost of off-site public sewer extension in Radio
Road is $99,656.48. The properties subject to the terms of the Agreement and the proposed assessments
are:
PARCEL NUMBER: ASSESSMENT STREET ADDRESS
669-444-016 12 $0.00 265 W Radio Road
669-444-017 z $0.00 245 W Radio Road
669-444-004 ' $24,914.12 225 W Radio Road
669-444-005 $24,914.12 175 W Radio Road
TOTAL PAYMENTS: $49,828.24 (3)
Notes:
(1) These parcels are vacant properties as of the date of this Agreement.
(2) These properties were owned by Developer and are excluded from this Agreement.
(3) The total payment is $49,828.24 less than the total cost because the payments for two parcels
marked above (2)were excluded from this Agreement.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this agreement
are available for public review at City Hall between the hours of 8:00 a.m. to 6:00 p.m., Monday through
Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an
appointment to review these documents.
COMMENTS: Response to this notice may be made verbally at the Public Hearing and/or in writing before
the meeting. Written comments may be made to the City Council by letter(for mail or hand delivery)to:
Anthony J. Mejia, MMC, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed agreement in court may be limited to raising only those issues raised at the
public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to
the public hearing. (Government Code Section 65009(b) (2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
may be directed to Thomas Garcia, Director of Engineering Services / City Engineer, at (760) 322-8339.
Pursuant to California Government Code Section 66016 and 66018, this Notice shall be published twice, at
least 15 days prior to the public hearing.
Si necesita ayuda con esta carta, por favor flame a la Cuidad de Palm Springs y puede hablar con Felipe
Primera telefono (760) 323-8253 x 8742.
h y J. a"C
City
12
ATTACHMENT 3
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E.TAHQUITZ CANYON WAY
PALM SPRINGS,CA 92262
SPACE ABOVE FOR RECORDER'S USE ONLY
RADIO ROAD
SEWER CONSTRUCTION REFUND AGREEMENT
Title of Document
War HrIr SwlPmi �?- �,0=
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. 14
SEWER CONSTRUCTION REFUND AGREEMENT
BETWEEN
THE CITY OF PALM SPRINGS, CALIFORNIA AND MAGIO INC.
AGREEMENT NO.
This Sewer Construction Refund Agreement, hereinafter referred to as "Agreement', made
and entered into this_day of , 2018, is made by and between the CITY OF
PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to
as "City") and MAGIO INC., (hereinafter referred to as "Developer"). City and Developer are
sometimes hereinafter individually referred to as "Party" and are hereinafter collectively
referred to as the "Parties."
Whereas, the City has established a policy for sewer refund agreements by City Council
Resolution No. 13487 dated August 6, 1980, Resolution No. 16031 dated October 15, 1986,
and Resolution No. 20650 dated July 2, 2003, (hereinafter referred to as the "Resolutions"),
which are attached hereto, marked as Exhibit"A", and hereby made a part of this Agreement;
and
Whereas, the Developer was, prior to this Agreement, owner of the properties identified as
245 and 265 Radio Road, and as Assessor Parcel Numbers 669-444-016 and 669-444-017,
hereinafter referred to as "Property"; and
Whereas, the Developer completed construction of the Sewer Extension on Radio Road on
07/13/2011; and
Whereas, the Sewer Extension that is the subject of this Agreement has been dedicated to the
City for public use by the Developer, and has been accepted for public use by the City; and
Whereas, the City has determined that benefit from the construction of the Sewer Extension in
Radio Road will accrue to other properties connecting to the Sewer Extension, as delineated
on Exhibit "B" identified as "Boundary Map" attached hereto and hereby made a part of this
Agreement; and
Whereas, the City has determined that benefit will be in direct proportion to the properties
identified by those Assessor Parcel Numbers identified in Section 1 of this Agreement, and
shown on Exhibit C, attached hereto and hereby made a part of this Agreement; and
Whereas, the Developer, in accordance with the Resolutions, has requested that the Parties
enter into this Agreement to reimburse the Developer costs associated with the Sewer
Extension which directly benefits the properties identified by those Assessor Parcel Numbers
identified in Section 1 of this Agreement, and shown on Exhibit C; and
Whereas, the Developer has submitted a financial statement of construction costs for the
Sewer Extension totaling $99,656.48 as shown on Exhibit"D" (the"Summary of Expenses"),
attached hereto and hereby made a part of this Agreement; and
15
Page 1 of 5
Whereas, it is in the best interests of the Parties to establish this Agreement to provide for an
equitable apportionment of costs associated with the construction of the off-site Sewer
Extension to properties benefiting from the Sewer Extension.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, and in consideration of the mutual covenants indicated between the
Parties, it is hereby agreed that:
SECTION 1. Reimbursements.
Owners of lots identified herein this Section 1, and shown on Exhibit "B", connecting to the
Sewer Extension, and thereby deriving a benefit to such sewer connection, shall reimburse
the City the amount shown herein, and pay the sewer connection fee in effect at such time,
prior to a City Building Permit being issued for connection to the City's public sewer system via
the Sewer Extension. Upon receipt of such payments, City shall pay the Developer the
reimbursement amounts shown herein.
The reimbursement amounts for the 4 parcels identified herein represent a proportionate
distribution of the total cost of$99,656.48 for the Sewer Extension, as follows:
ASSESSOR'S PARCEL NO. REIMBURSEMENT AMOUNT STREET ADDRESS
1. 669-444-016 '2 $0.00 265 W Radio Road
2. 669-444-017 2 $0.00 245 W Radio Road
3. 669-444-004 $24,914.12 225 W Radio Road
4. 669-444-005 $24,914.12 175 W Radio Road
TOTAL PAYMENTS: $49,828.24 (3)
NOTES:
(1) These parcels are vacant properties as of the date of this Agreement.
(2) These properties were owned by Developer and are excluded from this Agreement.
(3) The total payment is $49,828.24 less than the total cost because the payments for two
parcels marked above (2) were excluded from this Agreement.
SECTION 2 Municipal Code Exemptions.
No provisions within this Agreement shall be construed to imply any requirement upon the
owners of parcels identified in Section 1 or shown on Exhibit C of this Agreement, directly or
indirectly connecting to the Sewer Extension, to a mandatory requirement to connect to the
public sewer system. The exemptions to the mandatory requirement to connect to the public
sewer system, (Palm Springs Municipal Code §15.14.020(b)), shall continue to apply. The
economic hardship exemptions for connection to the public sewer system identified by City
Resolution No. 20650, adopted July 2, 2003, shall continue to apply. Nothing in this
Agreement shall be construed as a requirement of an owner of property identified in this
Agreement to connect to the public sewer system.
Page 2of5 is
SECTION 3. Payment.
Developer's current address is: MAGIO INCJ MARIO BERARDI
343 E Via Colusa
Palm Springs, CA 92262-2487
Developer shall immediately inform the City Manager if Developer's address changes. Any
payment shall be sent to the Developer at the written address on file with City. If Developer
does not have a written address on file with City, City shall retain any payments for
reimbursement amounts received. Following receipt of any payments under the Agreement,
City will remit such payment to Developer within thirty (30) days of receipt. No interest shall
accrue on late payment.
SECTION 4. Successors.
The right of Developer to receive payment as stated herein shall be transferable to successors
and assigns. Developer shall immediately notify City of any transfer or assignment of its right
to receive payments under the terms of this Agreement.
SECTION 5. Collection.
Developer shall be liable for all costs, expenses, attorneys' fees and other fees incurred by
City in collecting any payments as otherwise provided hereunder the terms of this Agreement.
Before pursuing any legal action to collect payments, the City may demand that the Developer
deposit the reasonable estimated cost of collection, and the Developer shall make said
deposit prior to City taking legal action to collect said payment. The City shall have complete
and absolute discretion in determining whether to pursue legal action to collect a
reimbursement from the owner of property identified herein Section 1 of this Agreement. In
the event the City elects not to pursue legal action to collect a reimbursement, Developer may
pursue available legal remedies to enforce payment of the reimbursement amounts identified
herein Section 1 of this Agreement. The City will cooperate with Developer in any effort to
recover Developer's costs incurred by any action taken pursuant to this Section 5.
SECTION 6. No Representations or Liability.
City makes no representation as to: (a) when, if ever, it will receive payments for the
reimbursement amounts identified herein Section 1 of this Agreement, (b) City's legal liability
to enforce the collection of the reimbursement amounts identified, and (c) changes in the law
affecting the City's ability to collect the reimbursement amounts identified. Due to these
factors, the City shall have no liability whatsoever to the Developer for the collection of
payments for the reimbursement amounts identified herein in Section 1 of this Agreement, or
for the payment of such sums to Developer. Developer acknowledges by executing this
Agreement that the Developer may not receive payment from City of some, or all, of the
reimbursement amounts, and shall not hold the City liable therefore
SECTION 7. Term.
This Agreement shall terminate thirty (30) years from the date first above written, unless
extended by mutual agreement of the Parties. Following termination, City shall have no
further obligation hereunder. 17
Page 3 of 5
SECTION 8. Amendment.
The Parties hereto mutually agree that this Agreement may be amended at any time by the
mutual consent of the Developer and City and by recordation of an instrument in writing.
SECTION 9. Integration.
It is understood that there are no oral agreements between the Parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the Parties, and none shall
be used to interpret this Agreement. Any resolutions or actions of the Council inconsistent
with the foregoing are hereby rescinded to the extent of their inconsistency. This Agreement
incorporates all the understandings of the Parties.
SECTION 10. Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
SECTION 11. Recordation.
The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside,
California.
[SIGNATURES ON FOLLOWING PAGE]
Page 4 of 5 .18
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By By
City Clerk City Manager
Date: Date:
By
City Engineer
APPROVED AS TO FORM: Date:
By APPROVED BY CITY COUNCIL:
City Attorney
Date: Date: Agreement No.
DEVELOPER:
MAGIO INC. / MARIO BERARDI
Check one:_Individual _Partnership X Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief
Financial Officer.
Address:
MAGIO INC./ MARIO BERARDI
343 E Via Colusa
Palm Springs, CA 92262-2487
By:
Signature (notarized)
Printed Name and Title
Attachments: 1. Exhibit"A": Resolution Numbers 13487, 16031, and 20650.
2. Exhibit"B": Boundary Map
3. Exhibit"C": Assessor's Parcel Map
4. Exhibit T": Summary of Expenses
Page 5 of 5 19
EXHIBIT "A"
20
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61%33L'Cl;;(i �
RFSOLUTION N0. 13487
OF THE CITY COUNCIL OF THE CITY OF PALM E
SPRINGS, CALIFORNIA, ESTABLISHING A POLICY
FOR REIMBURSEMENT OF COSTS FOR INSTALLATION
OF ALL TYPES OF OFF-SITE IMPROVEidENTS.
! WHEREAS the developer of vacant land has the responsibility for
i providing off-site improvements to the centerline of adjacent
rights-of-way; and
i
WHEREAS there is a need for additional off-site improvements beyond I
the boundaries of a particular building site in many instances; and
WHEREAS the City in many instances for the public good installs off-
site improvements across the frontage of vacant lands which are
properly the financial responsibility of said vacant land,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Palm Springs, does hereby declare the following to be.its policy I
relative to reimbursement of costs for installation of all types of
off-site improvements:
That a reimbursement agreement may be authorized in order
to collect for the cost of installation of off-site
i improvements when installed beyond the boundaries of a
Project site by a private developer or when improvements
have been installed by the City which are properly the
responsibility of an adjacent property to provide at
the time said property is developed.
I I
That as a condition precedent to the effectiveness of any
such reimbursement agreement, notice of intention to enter
into such agreement shall be given to the owner of each
parcel of property to be charged with the cost of such
improvements, and each such owner shall he given an oppor-
tunity to be heard as to:
1. The necessity of installation of such improve-
ments prior to such owner's development of
his property,
2. The necessity for such installation by any
party other than such owner,
3. The reasonableness of the costs of such improve-
ments,
4. Any other matters reasonably related to such
reimbursement agreement and its effect upon such
t ovmer's property.
t
Any such reimbursement agreement shall include a sufficient
legal description of each parcel of real property to be
charged with such costs. Such agreement shall he recorded
in the Office of the .County Recorder of Riverside County,
and a copy thereof shall be mailed to the owner of each
parcel to be charged with such costs.
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Nothing in this palicy shall he deemed to preIM& the foraation
Of assessment districts, local ievrovement districts, or any
other alternative wthod of effecting the instollatian of and
pqneltt for sui;h imprmwats.
ADOPTED this 6th day of Atuws 1980.
AYES: Cmmcm *=B Itairiahs efeld; Carcass, 8oaa. a Mayor Doyle ll
NOES: Haas
ABSEIM HOW
ATTEST: my of pa 1 minis. CALIFi1Ri1JA
BEYIEWED B APMED_A
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j Resoixti-iotd No. 16031
OF THE CP^Y COUNCIL OP ME CITY OF PALM SPRINf.S
CALIFORNIA, MENDING AND ESTABLISHING PROCEDURE FOR �
J]I IMPLEMENaIHG POLICY :OR REIRSU_RSEMENT OF COSTS" FOR
INSTALLATION OF ALL TYRES OF OFF-SITE IMPROV"ED3E14TS.
WHEIIEAS the developer of vacant land has the responsibility for
providing off-vita improvements to the centerline of adjacent
rights-of-way; and
WHER$AS there is a need for additional off-site improvements
beyond the boundaries of a particular building site in many
i
instances; and
WHEREAS the city in ktbny instances for the public convenianco and
necessity installs off-site imprnvamenta aoross the frontage of
vacant lands which are properly the financial responsibility of
said vacant land; and
WHSRMS by Resolution No. 13487, adopted August 6, 1990, the City
Council eatablished its policy relative to reixbursoment of eoStO
for all types of off-site improvements, and now desires to refine
and augxent the procadureu for Jxplamenting that policy;
NOW TiuWFORE BE IT RHSOLVED that the city Council of the City of
41 Palm. Springs, does hereby reaffirm its policy, relative to
reimbursement of costs for installation of all types of off-mite !
Improvements and restates said policy as follows:
As used in this Resolution, the tern Doff-site
Improvements" shall include, without limitation .• f
theroby, the half street, connrato curb, ,"Utter, {
sidawmlk, and bicycle path and landseape strip, all is 1
accordance with adopted standards.
I off-site improvements the provision of which wogld
be the responsibility of the developer of adjacent
property at the time of development of said property,
may be inatal2ed in advance of development of said
property, aubjeot tc reiubursemant at the time of
development of said adjacent property, in the following
ateaner: j
I
i. Natice of necessity to install off-site
improvements shall be given by the Director of
Community Davalopnent or his designee to the owner of
each parcel of property to be charged with the oast of
such improvements, or in the case of leased tax-exempt
land, to the owner of a taxable possessory interest.
Such notice shall he given by personal servica or by
certified mail. In the event of service by oertlfiad
mail, the notica shall be Sent to the address shown ah
the latest equalized assassment roll., and to ouch other
addresa me is known to ba tho correct address of the
person to be notified. k
2. Within 20 days of the date of wailing said notiot,
the owner or lessee of said property nay request•a 4
hearing by tha Director of Community Ueveloj*ent or his 1
designee, and if requested lball be given an j
opportunity to be heard bs to:
a. the necesaity for installation of such
improvements prior to such ovner'e development of his
property,
b. The neoessity for ouch installation by any I
party other than such stoner, I
r Th,* rpaaannbline6S of the Costa of such
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rruuec rncnuty V Il;w1 rage L of L
lmprc�•amtent,,
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d. icni other na[ters reasonably related to
reim ursement for suah iAprovellen:s and the effect
1
UlDan such ovner'9 property.
3. Fallowing such bearing, or if no ,such hearing is
requested, then at an time at least 2.2 days after the
date of nailing of sa 'd notice, if the Director of
Coauaunfty Davelapnent ox his designsc, finds that the
public convenience and necessity requires (2)
installation of such improvements prior to development
of said property, and (a) inst.aliation other than by
the owner or lessee, then the Director of Community
Development or his designee aball direct that said
improvements be installed forthwith subject. to
raixbursement of the cost thereof at the time of,
issuance of building permit for development of said
property.
I
4. such installation may be made by the City, or may
he required to be made as a condition of any
discretionary approval of development of other property
Which would he eeinrud by or would otherwise benefit,
directly or indirectly, from the installation of said
` improvements.
5. If such improvenents are installed as a condition
Of apprOval of dovelOpmaMt of other propszty, the City
shall offer to the developer o: such other property to
enter Into a reimbursment agreexent which shall
� provide that the City shall use its best efforts to
f
called the cost Of such installation from the owner or
lessee Of the property adjacent to such improvements at
the tuna of dovelepAwnt of such adjacent property, and
to reimburse such costa if, ea and when collected, o
the person who incurred such coats. Any such
reimbursement agreement shall include a sufficient
legal description Of each parcel of real property to be
Charged with such costs. Such agreement shall be
recorded in the office Of the County Recorder of
Riverside County, &M a copy thereof shall bo mailed totJw i
{ suohoeostaOf each parcel or interest to he charged with i
6. The Director of Comanhity Developmment shall cause
to be recorded in the Office of the County Roearde of
Riverside County a Notice of Obligation to Refmbu se
Cost of Off-$Lte improvements in each instance Mare f
such reimbursible Osts are incurred by the City or by
another developer. Such notice shall contain a brief
desoription of the improvenenta installed, the cost
thereof aought to be reimbursed, the person to lehon
such neimburaenent is to be made, a sufficient legal
description of each parcel of real Property to be
charged with such costs, the amount to be charged to j
each such parcel, and a statement that such O"t is
deemed to be a change upon said parcel, to be paid at I
the tines of issuance Of building permit or other
. entitlement for development of Rack such parcel, !
E
7. iipOn application for issuanon of building permit
for development of any parcel subject to such ACatioG of
9bligation to Roilburse Coot of off-Sita< Improvenents, f
the cost Of such improvements charged to ouch parcel
shall be collected as a part of and in addition to any
Other ;Pees or charges. to he oolleeted, and shall '
thereupon be paid over to the person entitled thereto, j
I
8: I Nothing herein shall be deemed to require payment
bq the City to ,any person of the cast of installatioq
o any off
improvements excagt to the extent that
the City shall have actually received payment for that {
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.. ; ItESpLUTI CP; tep. 16f!Ji 1
I purpose. I
9, nothing in thin, policy shall he deemed to precluoe
the Eoraation of assessment districts, local
improvneent districts, or any other alternative method
of affecting the installation of and paymant far such
improvements.
AI30AT8D this 15t[Y day of October , 1936.
AYES: Councilmeibers firer, Foster, and Mayor, 6agerL
No$&a None
ABSENT: Cuuncfimswbcrs ApfelWum and Smith
ATTEST.; CITY OF PALK SPRINGS, CALIFOPMIF.
AY L
ity erc Man ger'
MINED APPROVED,
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RESOLUTION NO. 20650
1
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A RESOLUTION OF THE CITY COUNGIL OF 7HE CITY Or j
PALM SPRINGS, CALIFORNIA, REPEALING
RESOLUTION 15188 AND RE-ESTABLISHING j
GUIDELINES FOR THE EXEMPTION OF RESIDENTIAL I
PROPERTIES FROM CONNECTION TO PUBLIC SEWER I
E PURSUANTTO CHAPTER 15.14 OF THE PALM SPRINGS
MUNICIPAL CODE.
f
WHEREAS, the City Council of the City of Palm Springs, California, by Resolution No.
11248 adopted November 20, 1974, established a policy requiring all £hen existing
1 buildings and all buildings to be built thereafter,if such buildings contained plumbing,to
be connected to public sewers;and
WHEREAS, said resolution refers to an ordinance of the City implementing such policy,
such ordinance being Ordinance No. 982, adopting Chapter 15.14 of the Palm Springs
Municipal Code; and
i WHEREAS, said Chapter 15.14 of the Palm Springs Municipal Code contains certain
provisions for exemption from such connection to public sewer, and
i
WHEREAS, the City Council of the City of Palm Springs, Califomia, had previously
adopted by Resolution, guidelines to regulate the granting of said exemptions;and
f ffI
WHEREAS,the City Council of the City of Palm Springs,California,now desires to adopt
j by Resolution,guidelines fo regulate the granting of exemptions pursuant to said Chapter
+ 15.14 of the Palm Springs Municpal Code,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, !
Califomia, as follows:
1. Resolution 15188 previously approved on August 15, 1984'is hereby repealed.
2. The general policy stated In Resolution No. 11248, requiring that all existing or
future buildings now or hereafter containing plumbing be connected to the public
sewer system is continued In full force and effect, the purpose of this resolution i
being only to establish guidelines for exemptions therefrom. I
3. Each of the exemptions stated in Ordinance 982, including without limitation the
exemptions provided in Section 15.14.010 and 15,14.020, Introduced f4
simultaneously with the adoption of said Resolution No. 11248, and thereafter
j
enacted into law, are continued In full force and effect
4. The condition that"...unusual topographic or other terrain conditions exist which Ir
make the connection to the public sewer impractical,unreasonable,unfeasible or
impose extreme economic hardship upon the property owner if he is required to
connect such building to the public sewer system...' is deemed to be met if the
following circumstances shall be found to exist: i
i
r
26
Resolution ,vo 20650
Page 2
a} If the cost of on-size sewer construction and connection,exclusive of sewer I
I facility fee, shall exceed the sum or $4,776 per dwelling unit, or such
greater sum as shall hereafter be determined by resolution of the City
I Council; or f
b) If the cost of sewer main construction,in the event no sewer main exists in
• proximity to said property, shall exceed$7,960 per dwelling unit, or such
greater sum as shall hereafter be determined by resolution of the city
council, i
The amounts in "a)" and "b}" above shall be adjusted annually in accordance with the
Engineering News Record Construction Cost Index.
Adopted this 2nd day of JuIY 2003.
� I
'i
AYES: Members Mills, Oden, acid Mayor Klefndienst
NOES: None
ABSENT:
Members 'Hodges atx3 Re[ler-5purgfn ;
I
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
By ,
City Clerk City Rdanage
REVIEWED AND APPROVED I
I
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27
EXHIBIT "B"
28
y
u _ 1
OF
FF
122
77
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.11
• •
11
EXHIBIT "C"
30
.-a
M
11a9 YAP wAS PaE.ARF,Foaxss6SSYlMrarlwwss a161.xo u,nun POR SEC. 34 US, RAE ,Iw
IswwmroaixEAtCValtr011EauSKOM.ASSUM •F,FERr MAOII-044 669-`r`t
wr xor c6Yvrrmlx lock wnsVrnM IN11C6a Y1r r Ilas CITY OF PALM SPRINGS
2441-1
LAS VEGAS ROAD x
IRnlfl"� Y H an Yn 4oY vY aN II .
1 5 ZB _ S7 36 ,� ll R " as E
6
r6 477 15 �r °R 1HIB" wrB e r� 1148 ra:A(� V15 AGAVEa N„N fV42to
o43 o
0 45 ° a n a 24 O ° ,® ° 31 ° 12 smmwslo ?
•.y /a 1.16u Yr pyre
a 1 wn Y
• 17 16 °18 a r i a O 23 ' tx �3 a ti Y147' W d
a o a 21 a ® ® a a
Iw.N a 1 v w �'
wtr. RADIO ROAD COT AL = "s"' nnml W
a nr r ,
IYbI n � Sf YL In R,f !; -- _ W 1A tl0 .ON �•/
a n ( 444 0
2 Ol s Q = a 443 17 ® ® a ® Q+
442 O o
4 a m IYY K•0 101 � Nf.
a a g
R PM PAX R a Q2 b a 40 ® , J
O is 17 1a is16 1 13 tt 1/ as z VJ
Q wY Ya dl a, 13 i , 12 i 11 a
1 w
e 01 D7 34 a °, ° 1JL 31 1
I+Y„
n .r fua n n w wa
"0 ~� .Y ' OASIS ROAD
YNHI YIJJ
ftm1 m6m am on YIm 14
W79 Po41 Pon WIYI m„ f
9W111 Yan II
WWI Y14 In
WWI 1{ YHf
NEVI
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OYa Poa Pon MB Z31(jul-1 •IPI,WtAMLe3MU✓ Tft%cr . •,fa Ya
ASSESSORS MAP GKIH9 PGA4 RD°"Z-6S-�'2 b all Will 1- 9 PA0.C6L MAP0.M16m 1
Rt,tnW r.wr4.C,:ir i;Norge R,.7AR1 YB at71f 1 79- 99 T GTMAP WO.331,1 1,Eyv71019 own ,
MWNH no
I
EXHIBIT "D"
32
SUMMARY OF EXPENSES
FOR SEWER CONSTRUCTION REFUND AGREEMENT
245 W RADIO ROAD
MARIO BERARDI / MLGL INVESTMENTS, LLC
7/6/2017
CONSTRUCTION:
G & M Construction $97,738.00
CITY OF PALM SPRINGS
Construction Permit $1,918.48
TOTAL = $99,656.48
EXHIBIT D
33
G & M CONSTRUCTION
• ® Subsidiary of Happy Traveler
211 West Mesquite Avenue
Fed.ID#95-2417032 Palm Springs, California 92264 Lic.4A-272619
(760) 322-6918
Fax (760)778-6708
General Engineering • Grading Pipeline • Hazardous Waste Asbestos Demolition
February 13, 2017
Mr. Mario Berardi
RE: 245 RADIO ROAD
PALM SPRINGS, CA
To Whom It May Concern:
G & M Construction has been fully compensated for the installation of the sewer line
located at 245 Radio Road connecting Mario Berardi's building to the main city sewer in
Indian Avenue.
This was completed under the City of Palm Springs inspection and was subsequently
certified as completed and properly installed at a cost of$97,738.00.
Sincerely,
47�5George arantz
34
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of e5ari7o ia )
County of 1
On r'� ' before me, exyc S. —J,6`2' 1nQ
Date Here Insert Name and Title oft i r
personally appeared �D J IrA rat
{�
c Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person,(a)'whose namek<is/P+,6
subscribed to the within instrument and acknowledged to me that he/sPraltWexecuted the same in
his/WAtl a authorized capacityyW,,and that by his/PAV taeff signature,(a)'on the instrument the person,
or the entity upon behalf of which the personPYacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my ha nd official eal.
RENEE S.BROILING
Commission 12123982
Notary Public-Callitnmia Signature
Riverside County - Signature of Notary Aublic
Comm.Ex ins So 16 2018
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached 6" .
Title or Type of Document:t: N4�, lC� -�' Document Date: 0 � � 3"
Number of Pages: I Signer(s) Other Than Named Above:
Capacity(ies) C imed by Sig r(s)
S' ner's Name R Signer's Name:
Corporate O 1cer - Ti e(s): �( ❑ Corporate Officer - Title(s):
Partner - ❑ Limited ❑General ❑ Partner - ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
35
G & M CONSTRUCTION
® Subsidiary of Happy Traveler
211 West Mesquite Avenue
Fed.ID#95-2417032 Palm Springs, California 92264 Lic.#A-272619
(760) 322-6918
Fax(760)778-6708
General Engineering • Grading Pipeline Hazardous Waste Asbestos Demolition
August 04, 2009
Attention: Mario Barardi
Regarding: Radio Road
Invoice #: 080409
The following is a delineation of the costs incurred to install the sewer line for the
Radio Road project.
12/31/08-La pout for Sewer Line
Five laborers 4 hrs @ $40.00/hr.......................................................$ 80.0.00
01/06/09-Begin Sewer Line Installation
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Water Truck-4 hrs @ $50.00/hr......................................... 200.00
Operated Dump Truck-4 hrs @ $50.00/hr......................................... 200.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
ConcreteSaw..............................................................................I...... 300.00
Three laborers-8 hrs ea @ $40.00/hr..........:..................................... 960.00
Total .................................................................................................$ 2,660.00
01/07/09-Continue Sewer Line Installation & Cold Patch Asphalt
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Low-side Dump Truck-3 hrs @ $100.00/hr........................................ 300.00
Seven laborers-8 hrs ea @ $40.00/hr ............................................... 2,240.00
Total .................................................................................................$ 3,540.00
01/08/09-Continue Sewer Line Installation/Import Road Base
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Dump Truck-8 hrs @ $50.00/hr.........................I........I....... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
100 tons of road base @ $5.00/ton ................................................... 500.00
Six laborers-8 hrs ea @ $40.00/hr..................................................... 1,920.00
Total .................................................................................................$ 3,820.00
1 36.
Radio Road
Sewer Line
01/09/09-Continue Sewer Line Installation
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00 .
Operated Water Truck-8 hrs @ $50.00/hr...........................I............. 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 406.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Four laborers-8 hrs ea @ $40.00/hr.................................................. 1.280.00
Total .................................................................................................$ 3,080.00
01/12/09-Continue Sewer Line Installation & Import Base
Operated Backhoe-8 hrs @ $75.00/hr...............................................$ 600.00
Operated Water Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip-Loader-8 hrs @ $50.00/hr.......................................... 400':00
100 ton of base @$5.00/ton............................................................. 500;00
Four laborers-8 hrs ea @ $40.00/hr.................................................. 1,280 00
Total ............:........ ...................................................................$ 3,58U,00
01/13/09-Begin Laying,Pipe & Import Base
Operated Backhoe-8 hrs @$75.00/hr..............................................$ 600.00
Operated Water Truck-8 hrs @$50.00/hr......................................... 400.60
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Low-side Dump Truck-5 hrs @ $100.00/hr........................................ 500,00
200 tons of base @ $5.00/ton ........................................................... 1,000.00
Four laborers-8 hrs ea @ $40.00/hr.................................................. 1,280.00
Total .................................................................................................$ 4,580.00
01/14/09-Continue Laving Pipe/Haul Demo/Import Base
Operated Backhoe-10 hrs @ $75.00/hr............................................$ 750.00
Operated Water Truck-10 hrs @ $50.00/hr....................................... 500.00
Operated Dump Truck-10 hrs @ $50.00/hr....................................... 500.00
Operated Skip Loader=10 hrs @ $50.00/hr........................................ 500.00
Low-side Dump Truck-8 hrs @ $100.00/hr........................................ 800.00
100 ton of base @ $5.00/ton............................................................. 500.00
Three laborers-10 hrs ea @ $40.00/hr.............................................. 1,200.00
Total .................................................................................................$ 4,750.00
37
2
Radio Road
Sewer Line
01/15/09-Continue Laving Pipe
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Water Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Dump Truck-8 hrs.@ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Three laborers-8 hrs ea @ $40.00/hr...........:.................................... 960.00
Total-:--:. ............................................-...:..::....................................$ 2,760.00
01/16/09-Haul Asphalt to Dump/Clean Street
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Water Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Low-side Dump Truck-8 hrs @ $100.00/hr........................................ 800.00
Two laborers-8 hrs ea @ $40.00/hr................................................... 640.00
Total .................................................................................................$ 3,240.00
01/20/09-Pressure Test Sewer Line/Saw Cut for Pavement
ConcreteSaw...................................................................................$ 200.00
Two laborers-8 hrs ea @ $40.00/hr................................................... 640.00
Total .................................................................................................$ 840.00
01/21/09-Saw Cut for Pavement
ConcreteSaw...................................................................................$ 200.00
Two laborers-8 hrs ea @ $40.00/hr................................................... 640.00
Total .................................................................................................$ 840.00.
01/22/0.9-Repair Broken Sewer Pipe
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Four laborers-8 hrs ea @ $40.00/hr.................................................. 1.280.00
Total .................................................................................................$ 1,880.00
01/26/09-Video Pipeline/Prepare Base for Asphalt
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Water Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Five laborers-8 hrs ea @ $40.00/hr................................................... 1,600.00
Total .................................................................................................$ 3,400.00
3.8
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Radio Road
Sewer Line
01/27/09-Import & Spread Base
Operated Backhoe-8.hrs @ $75.00/hr..............................................$ 600.00
Operated Water Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Low-side Dump Truck-8 hrs @ $100.00/hr........................................ 800.00
150 tons of base @ $5.00/ton ........................................................... 750.00
Two laborers-8 hrs ea @ $40.00/hr................................................... 640.00
Total .................................................................................................$ 3,990.00
01/28/09-Continue to Spread Base/Haul Asphalt
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 600.00
Operated Water Truck-8 hrs @ $50:00/hr......................................... 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr........................................... 400.00
Low-side Dump Truck-7 hrs @ $100.00/hr........................................ 700.00
Three laborers-8 hrs ea @ $40.00/hr ................................................ 960.00
Total .................................................................................................$ 3,460.00
01/29/09-Finish Paving
Operated Backhoe-8 hrs @ $75.00/hr..............................................$ 60a.00
Operated Water Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Dump Truck-8 hrs @ $50.00/hr......................................... 400.00
Operated Skip Loader-8 hrs @ $50.00/hr.......................................... 400.00
Two laborers-8 hrs ea @ $40.00/hr................................................... 640.00
Total .................................................................................................$ 2,440.00
02/17/09-Break & Pour Concrete
Operated Backhoe-2 hrs @ $75.00/hr..............................................$ 150.00
Mini Excavator-2 hrs. @ $50.00/hr.................................................... 100.00
AirCompressor ................................................................................. 100.00
Two laborers-8 hrs ea @ $40.00/hr................................................... 640.00
Total .................................................................................................$ 990.00
Total Labor & Equipment...............................................................5 50.650.00
39
4
Radio Road
Sewer Line
Materials Dump Fees & Miscellaneous:
BuildersSupply- ...............................................................................$ 150.00
Burrtec Environmental....................................................................... 200.00
CVSewer.......................................................................................... 950.00
DWA.................................................................................................. 100.00
EarthSystems................................................................................... 1,350.00
Elms-Compactor................................................................................ 685.00
Ferguson .'**.....
erguson .:....... ..................................................... ............................. 180.00
Houston & Harris (Video Sewer Line)................................................ 700.00
Mission Clay Products....................................................................... 400.00
OlsenPrecast.................................................................................... 4,354.00
Robertson's ....................................................................................... 358.00
SanbornA/E...................................................................................... 930.00
Skanska (Dump Fees)....................................................................... 4,780.00
SmithPipe & Supply.......................................................................... 21.00
Tops N Barricades............................................................................. 1,500.00
TrenchShoring.................................................................................. 1,625.00
WellsSupply...................................................................................... 5,770.00
Zoltan Paving .................................................................................... 13,750.00
4 Bundles of Brown Fabric ................................................................ 400.00
Total.................................................................................................$ 38,203.00
Total Labor & Equipment...............................................................$ 50,650.00
Total Material, Dump Fees & Misc.................................................$ 38.203.00
Total.................................................................................................$ 88,853.00
10% Office & Overhead..................................................................$ 8,885.00
Total Amount Due...........................................................................$ 97,738.00
5 40
All concrete pouring as CITY OF PALM SPRINGS, CALIFORNIA Contractor must have this
subsurface structures must permit at the job site or the
be done in the present of an DEPARTMENT OF PUBLIC WORKS work will not be inspected.
inspector CONSTRUCTION PERMIT
FOR WORK WITHIN THE PUBLIC STREETS AND THE PUBLIC RIGHT OF WAY
Applicant's Name IlPhone No
Mario Berardi/Magio,Inc.,a,Gatffomia Corp (760)275-5812
Address E-mail
3425 rdian Canyon Drive,Palm Springs Ca 92262
Remarks Installation of approx 555'feet of a"vCP Sewer Main on Radio Road.
Start Date 11/3/2008 Traffic control plans and construction coordination must be submitted
Work Days 0 to Public Works and Engineering for approval prior to construction.
Completion Date
'Job Foreman George Marantz
(Prime Contractor G&M
Subcontractorl
Subcontractor2
Subcontractor3
Job Phone (760)'275-5812
,Testing Lab
City Inspector ICity Project Number IBid Amount
NIA $0.00
Purchase Order No JAccount Number
0 0
Job Location �IPermit
Radio Road from Indian Canyon Drive 555'west. 43114-440
Survey /Inspection Fee $0.00 Street Plan# .......
Permit Fee $1,918A8' Sewer Plan# E-3661 sewer plan
Total from permit worksheet $0.00 ❑ Grading Plan
Total Fees $1,918.48 ❑ Building Plan
❑ Water Plan
All work on this permit shall be constructed in accordance with the ❑ Rules and Regulations
provisions of this permit to the satisfaction of the City Engineer,the ?AL/A
Municipal Code of the City of Palm Springs,and the attached rules, W Worksheet Attached pF s A
regulations drawing and standards.
❑ Approved i
1 have read the above and agree to comply with the provisions of ❑ Paid
this permits including the attached rules, regulations,standards ❑ Assigned clrFo Ba`P
and drawings. _
Issued By: Issue Date
Rick Minjares 10/28/2008
APPLICANT'S SIGNATURE
1 COPY TO INSPECTOR 1 COPY TO APPLICANT 1 COPY TO TREASURER 41
CITY OF PALM SPRINGS Permit No.
CONSTRUCTION PERMIT RULES AND REGULATIONS 43114440
t.inspections not expressly mentioned in the foregoing schedule or unnecessary reinspections may be subject to additional permit fees.
2.13arricades must be kept on all trenches,excavations and obstructions.Lights must be maintained at night.All signs,flags,lights and other
warning and safety devices shall conform to the requirements set forth in the current MUTCD,California supplemental,issued by the California
Department of Transportation.
3.Failure to install barricades which are subsequently placed by the City of Palm Springs to protect the public shall be billed to the applicant per
the current fee schedule.
4.Access to fire hydrants shall be maintained at all times.
5.When closing streets,the police and fire departments shall be notified each day that the street is closed.No streets may be closed without prior
authorization from the City Engineer or his authorized representative.
6.Failure to pay any bills due under a previous permit issued by the Department of Public Works will result in rendering the applicant ineligible for
any other Department of Public Works permit until such bill is paid.
7.Refuse or unused materials shall be removed from the property within 3 days after the completion of the work. If not done,it may be removed
by the City and billed to the applicant. No materials of any kind are to be stored of stock piled within the public right of way.
8.Final approval of curbs with depressions will not be issued until a driveway approach between the curb and sidewalk has been installed and
approved.
9.
a.No portion of a driveway shall be constructed between the prolonged intersecting property lines at any street or alley intersection or between
the points of curvature of any curb return having a radius of 25 feet of less
b.No driveway shall encroach on or upon any curb return beyond or ahead of an existing traffic regulating device and no portion of any driveway
shall be constructed within five feet of an existing lighting standard.The location of a driveway with respect to traffic signals,poles,sign posts or
fire hydrants shall be in accordance with the City Engineer's standard plan of driveways.
c.No driveway shall be permitted if the abutting lot does not permit sufficient accommodation for the vehicles using said approach to park without
encroaching into or upon the adjacent street right of way,
d.No portion of a driveway approach serving a certain lot shall extend in front of the adjoining lot without the consent of the owner of said
adjoining lot.For this purpose the division between two lots shall be the line passing through the common lot corner at right angels to the curb
line regardless of the direction of the side lot
10.New asphalt concrete construction in parkways will not be permitted except by variance.
113his permit is not valid unless signed by the City Engineer or his authorized representative.
12.Permit expires twelve month from the date of issuance.
13.This permit must be kept at the project site during the execution of the work.
14.This permit includes the necessary removal and reconstruction of existing improvements.
15.It shall be the responsibility of the applicant to notify the utility and irrigation companies and effected government agencies before starting any
construction which may involve their underground or overhead facilities and pay for any removal or relocation work necessary.
16.Applicant shall indemnify and save harmless the City of Palm Springs, its officers and agents from all suits or actions of every name and
description brought for,or on account of any injuries or damages received or sustained by any person or persons,by or from the applicant,his
servants or agents in the construction of work,or by or in consequence of any negligence in guarding the same or for improper materials used in
its construction.
17.The work done shall be guaranteed for a period of one year. Failure of the City of Palm Springs inspectors to detect flaws in work shall not
relieve the applicant of this responsibility.
18.Excess deposits will be refunded after final inspection and approval.
19.On any project on which work has been started before the permit is issued,the per mittee shall pay a fine equal to double the original permit
fee-and-the-contractor-will-be referred to the City Attorney for appropriate action.
20.Final approval of the work authorized under this permit is not automatic.The work will not be given final approval unless requested in writing.
Permittee is responsible for all maintenance liabilities,improvements and damages until final approval.
21.Forms and subgrades must be inspected and approved before ordering Portland cement concrete or asphaltic concrete.Sewers and other
pipelines must be inspected and approved before backfilling.Failure to obtain approval before proceeding with work may cause rejections.
22.Liability insurance and/or Performance Bond may be required of the permittee whenever in the judgment of the City Engineer,it becomes
necessary or advisable.
C.P.S.ACCT.001.32203 1 COPY TO INSPECTOR 1 COPY TO APPLICANT 1 COPY TO TREASURER 42
OF PALM s
a phi
zN City of Palm Springs
Engineering Services Department
C �P 3200 East Tahquitz Canyon Way•Palm Springs,California 92262
7�IFpQN Tel:(760)323-9253•Fax:(760)322-8325 •Web:www.palmspringsca.gov
March 12, 2018 Via Registered Mail-Return Receipt
AGUILAR, ALEJANDRO ANDRADE/AGUILAR ROLANDO RENE
68830 LOS GATOS ROAD
CATHEDRAL CITY, CA 92234
RE: RADIO ROAD SEWER CONSTRUCTION REFUND AGREEMENT
265 W RADIO ROAD, PALM SPRINGS, CA 92262 APN: 669-444-016
Dear Property Owner.
A new 8" public sewer main has been extended in Radio Road,west of N. Indian Canyon Drive at the
sole expense of MAGIO Inc./Mario Berardi(hereinafter referred to as°Developer"). In accordance with
City policies and procedures, Developer is requesting that the City establish a Sewer Construction
Refund Agreement to reimburse the cost of the sewer main extension from adjacent properties as those
properties connect to the sewer main in the future. Your property would be affected by and is located
within the boundary of the proposed agreement.
Developer expended a total of$99,666.48 to extend the public sewer main which is now dedicated and
accepted by the City as a public sewer, available for use by your property. A total of 4 properties are
affected by the proposed agreement,each with an equitable share of the total cost(within the direct area
of benefit) of the sewer line extension. The assessment foryour property is $24,914.12.
The proposed assessment would only be collected at the time a building permit is issued for connection
to the public sewer main.There is no obligation at this time to connect to the public sewer main,unless,
in accordance with Building Code, your existing septic tank system fails (if your property has one), or
when a building is constructed on the property (if your property is vacant) that requires a sewer
connection to Radio Road.
A Public Hearing has been scheduled as follows:
6:00 PM,Wednesday,April 18, 2018 in the Council Chamber at Palm Springs City Hall.
Please review the enclosed copy of the proposed agreement Comments may be made verbally at the
Public Hearing and/or in writing before the meeting.Written comments may be made to the City Council
by letter(for mail or hand delivery) to:
Anthony Mejia, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Si rely,
homas Garcia, P.E.
Director of Engineering Services Department/City Engineer.
City of Palm Springs
C� ?ALM s
LA City of Palm Springs
Engineering Services Department
C�[rFORN%I- 3200 East Tahquitz Canyon Way•Palm Springs,California 92262
Tel:(760)323-8253•Fax:(760)322•9325•Web:www.paimspringsu.gov
March 12, 2018 Via Registered Mail -Return Receipt
OULIE, JORN K
17114 GLEDHILL STREET
NORTHRIDGE, CA 91325-2526
RE: RADIO ROAD SEWER CONSTRUCTION REFUND AGREEMENT
265 W RADIO ROAD, PALM SPRINGS, CA 92262 APN: 669-444-016
Dear Properly Owner:
A new 8"public sewer main has been extended in Radio Road, west of N. Indian Canyon Drive at the
sole expense of MAGIO Inc./Mario Berardi(hereinafter referred to as"Developer').In accordance with
City policies and procedures, Developer is requesting that the City establish a Sewer Construction
Refund Agreement to reimburse the cost of the sewer main extension from adjacent properties as those
properties connect to the sewer main in the future. Your property would be affected by and Is located
within the boundary of the proposed agreement.
Developer expended a total of$99,666.48 to extend the public sewer main which is now dedicated and
accepted by the City as a public sewer, available for use by your property. A total of 4 properties are
affected bythe proposed agreement,each with an equitable share of the total cost(within the direct area
of benefit)of the sewer line extension. The assessment for your property is$24,914.12.
The proposed assessment would only be collected at the time a building permit is issued for connection
to the public sewer main.There is no obligation at this time to connect to the public sewer main,unless,
in accordance with Building Code, your existing septic tank system fails (if your property has one), or
when a building is constructed on the property (if your property is vacant) that requires a sewer
connection to Radio Road.
A Public Hearing has been scheduled as follows:
6:00 PM,Wednesday,April 18, 2018 in the Council Chamber at Palm Springs City Hall.
Please review the enclosed copy of the proposed agreement. Comments may be made verbally at the
Public Hearing and/or in writing before the meeting.Written comments may be made to the City Council
by letter(for mail or hand delivery)to:
Anthony Mejia, City Clerk
3200 E.Tahqudz Canyon Way
Palm Springs, CA 92262
si^fi�fery, /y/�
homes Garcia, P.E.
Director of Engineering Services DepartmentlCity Engineer.
City of Palm Springs
OF FALM S
AX A��y
N City of Palm Springs
,
Engineering Services Department
3200 East Tahquitz Canyon Way-Palm Springs,California 92262
lPOR Tel:(760)323-8253•Fax:(760)322-8325•Web:www.palmspringsMgov
March 12, 2018 Via Registered Mail -Return Receipt
BERARDI, MARIO
343 E VIA COLUSA
PALM SPRINGS, CA 92262
RE: RADIO ROAD SEWER CONSTRUCTION REFUND AGREEMENT
265 W RADIO ROAD, PALM SPRINGS, CA 92262 APN: 669 444-016
Dear Property Owner.
A new 8" public sewer main has been extended in Radio Road,west of N. Indian Canyon Drive at the
sole expense of MAGID Inc./Mario Berardi(hereinafter referred to as"Developer"). In accordance with
City policies and procedures, Developer is requesting that the City establish a Sewer Construction
Refund Agreement to reimburse the cost of the sewer main extension from adjacent properties as those
properties connect to the sewer main in the future.
Developer expended a total of$99,666.48 to extend the public sewer main which is now dedicated and
accepted by the City as a public sewer, available for use by your property. A total of 4 properties are
affected by the proposed agreement,each with an equitable share of$24,914.12 of the total cost(within
the direct area of benefit)of the sewer line extension.The assessment of$49,828.24 for two properties
(previously owned by the Developer) located on 245 W. Radio Road and on 265 W. Radio Road were
excluded off the agreement.
A Public Hearing has been scheduled as follows:
6:00 PM,Wednesday,April 18, 20181n the Council Chamber at Palm Springs City Hall.
Please review the enclosed copy of the proposed agreement. Comments may be made verbally at the
Public Hearing and/or in writing before the meeting.Written comments may be made to the City Council
by letter(for mail or hand delivery)to:
Anthony Meiia, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Sincerely,
Thomas Garcia, P.E.
Director of Engineering Services Department/City Engineer.
City of Palm Springs
CITY OF PALM SPRINGS,
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public
hearing at its meeting of April 18, 2018- The City Council meeting begins at 6:00 p.m., in the Council
Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this meeting is to consider a Sewer Construction Refund Agreement between the City of
Palm Springs, California, and Magio Inc / Mario Berardi, the terms of which provide for the reimbursement
to Magio Inc / Mario Berardi for costs associated with an off-site public sewer extension in Radio Road,
which benefits adjacent properties on Radio Road. The total cost of off-site public sewer extension in Radio
Road is $99,656.48. The properties subject to the terms of the Agreement and the proposed assessments
are:
PARCEL NUMBER: ASSESSMENT STREET ADDRESS
669-444-016 12 $0.00 265 W Radio Road
669-444-017 2 $0.00 245 W Radio Road
669-444-0041 $24,914.12 225 W Radio Road
669-444-005 $24,914.12 175 W Radio Road
TOTAL PAYMENTS: $49,828.24 �3>
Notes:
(1) These parcels are vacant properties as of the date of this Agreement.
(2) These properties were owned by Developer and are excluded from this Agreement.
(3) The total payment is $49,828.24 less than the total cost because the payments for two parcels
marked above (2) were excluded from this Agreement.
REVIEW OF INFORMATION: The staff report and other supporting documents regarding this agreement
are available for public review at City Hall between the hours of 8:00 a.m. to 6:00 p.m., Monday through
Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an
appointment to review these documents.
COMMENTS: Response to this notice may be made verbally at the Public Hearing and/or in writing before
the meeting. Written comments may be made to the City Council by letter(for mail or hand delivery) to:
Anthony J. Mejia, MMC, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed agreement in court may be limited to raising only those issues raised at the
public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to
the public hearing. (Government Code Section 65009(b) (2)).
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
may be directed to Thomas Garcia, Director of Engineering Services / City Engineer, at (760) 322-8339.
Pursuant to California Government Code Section 66016 and 66018, this Notice shall be published twice, at
least 15 days prior to the public hearing.
Si necesita ayuda con esta carta, por favor Ilame a la Cuidad de Palm Springs y puede hablar con Felipe
Primera telefono (760) 323-8253 x 8742.
Mhlt J. e" MC
City
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
City Council
Meeting Date: April 18, 2018
Subject: RADIO ROAD SEWER CONSTRUCTION REFUND AGREEMENT
AFFIDAVIT OF MAILING
I, George F. Farago, Associate Civil Engineer, of the City of Palm Springs, California, do
hereby certify that copies of the attached letters regarding the Public Hearing were mailed
on March 12, 2018, in sealed envelopes, with postage prepaid, via Registered Mail-Return
Receipt and depositing same in the U.S. Mail at Palm Springs, California. (3 letters)
I declare under penalty of perjury that the foregoing is true and correct.
George F. Farago,
Associate Civil Engineer
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
aIYJ
Date: April 18, 2018
Subject: Radio Road Sewer Refund Agreement
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California,
do hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on March 31, 2018, and April 1, 2018.
1 declarg under penalty of perjury that the foregoing is true and correct.
Cynthia K. Berardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Cynthia A. Berardi, CMC, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice of Public Hearing was
posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting
board, and in the Office of the City Clerk on March 29, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
(/W00-
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
PO Box 23430
mediagroup Green Bay, -4 78/Fax 30
76
Tel:760-77845781 Fax 760-778-4731
Iwrtalla Lwlowrrawvxx Email:legals@thedesertsun.com
PROOF OF
2N P&ElLICA4 bJ 9
STATE OF CALIFORNIA SS.
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743 i i
CITY Of PALM SPRINGS
PALM SPRINGS CA 92263 NOTICE OF PUBLIC HEARING
s,
Council meeting begins at 6:00 p.m.,in the Council
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Spring
California, will hold a public hearing at its meeting of April 19,2018.The Clttyy
East Tahquitz Canyon Way,Palm Springs. Chamber at City Hall,3200
I am over the age of 18 ears old,a citizen of the The purpose of this meeting is to consider a Sewer Construction Refund
Y Agreement between the City of Palm Springs,California,and Magic,Inc/Mario
Berardi,the terms of which provide for the reimbursement to Magic,Inc/Mario
United States and not a party to,or have interest in Berardi for costs associated with an off-site public sewer extension in Radio
Road,which benefits adjacent properties on Radio Road The total con of off-
this matter.I hereby certify that the attached site public sewer extension in Radio Road is$99,656.48. The properties subject
to the terms of the Agreement and the proposed assessments are:
advertisement appeared in said newspaper(set to PARCEL NUMBER: ASSESSMENT STREET ADDRESS
669-44 4116 1 2 $0.0 265 W Radio Road
type not smaller than non pariel)in each and entire 6694MI-00412 50.00$24,914.12 2245 W Radio Road
25 W Radio Road
issue of said any news a newspaper and not insupplement 669 4 005 $24,914.12 175 W Radio Road
P P PP TOTAL PAYMENTS: S49.828.24(3)
thereof on the following dates,t0 wit: pj These parcels are vacant properties as of the date of this agreement.
(2)These properties were owned by Developer and are excluded from this
Aggreement.
03/31/18 04/01/18 (3) 7en al payment is $49,928.24 less than the total tort because the
pay forparcels marked above (2) were excluded from this
Agreement.
REVIEW OF INFORMATION: The staff report and other supporting documents
I acknowledge that I am a rinci al clerk of the regarding this agreement are available for public review at City gall between
g P P the hours of 8:0 a.m.to 6:00 p.m., Mondayy through Thursday. Please contact
the Office of the City Clerk at(760)323-8204 if you would like to schedule an
printer of The Desert Sun,printed and published appointment to review these documents.
weeklyin the CI of Palm Springs,Coun Of COMMENTS: Response to this notice may be made verbally at the Public
City County Hearing and/or in writing before the meeting.written comments may be made
ro the City Council by letter(for mail or hand delivery)to:
Riverside, State of California.The Desert Sun was
Anthony J.Mejia,MMC,City Clerk
adjudicated a Newspaper of general circulation on 3200 .Tahqui z Canyyon Way
Palm Springs,CA 92262
March 24, 1988 by the Superior Court of the A challenge of the proposed agreement in.coun may be limited to raising
only thou issues raised at the public hearing described in this notice, or In
County of Riverside,State of California Case No. written correspondence delivered to the Ci{yy Clerk at or prior to the public
hearing.(Government Code Section 65009(b)(2)).
191236. An opportunity will be given at said hearing for all interested Persons to be
heard Questions regarding this may be directed to Thomas Garcia,Director of
Engineering Services/City En99Meer, at(760)322-8339. Pursuant to California
Government Code Section 66016 and 66018, this Notice shall be published
I declare under penalty of perjury that the foregoing twice,at least 15 days prior to the public hearing.
Si necesita ayuda con esta carte, par favor Ilame a la Cuidad de Palm Springs y
is true and correct. Executed on this 2nd of April puede hablar can Felipe Primera wlefono(760)323-8253 x 8742.
Published:March 31,April 12018
2018 in Palm Springs,California.
IYT
CLARA
Ad#:0002829565
P O:2829565 Sewer Refund
#of Affidavits:1