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HomeMy WebLinkAboutA6253 - TUSCANY HEIGHTS LLC RACQUET CLUB ROAD SEWER CONSTR REFUND AGR D©C # 2012-0431655 09/11/2012 08:37A Fee:NC Page 1 of 28 Recorded in Official Records PLEASE COMPLETE THIS INFORMATION County of Riverside RECORDING REQUESTED BY: Larry W. Ward Assessor, County Clerk $ Recorder CITY OF PALM SPRINGS II III i I IIIIII IN I 1111111111111111111111111111111 III III III i II AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK S R U I PAGE SIZE DA MISC LONG RFD COPY 3200 E.TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 EXAM M A L 465 426 PCOR NCOR SMF NCHG T: CTY UNI 8( M 1 Aea�� 191 RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND AGREEMENT Title of Document 11 101% A RRE-11� F�JRM R)E�C-'0RRDE: R 9 U'8EJ THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. SEWER CONSTRUCTION REFUND AGREEMENT This Sewer Construction Refund Agreement, hereinafter referred to as "Agreement', made and entered into this_day of 2012, is made by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City') and Tuscany Heights, LLC, a California limited liability company, (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 residential subdivision identified as"Tuscany Heights", also identified as Assessor Parcel Numbers 504-161-015 to 504-161-031 inclusive, hereinafter referred to as the "Property"; and Whereas, the Property is an approved subdivision for residential purposes (Tentative Tract Map 28495), hereinafter referred to as the "Subdivision"; and Whereas, the Subdivision was approved subject to conditions, among which required the Subdivision to be provided with public sewer service,which required construction of an off-site sewer line extension in Racquet Club Road, extending from 133.63 feet east of Leonard Road to the westerly boundary of the Subdivision, a total distance of 2,097.54 feet, hereinafter referred to as the "Sewer Extension'; and Whereas,the Developer performed his required obligation to construct the Sewer Extension, and subsequently submitted a final map for the Subdivision for approval, which was duly approved by the City Council on July 14, 2005, and recorded by Riverside County in Book N 385, Pages 97-100, No. 2005-0580540, records of Riverside County; and NNW p m O `N m: 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 will accrue to other properties directly or indirectly 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 Exhibits C1, C2, C3, and C4, 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 Exhibits C1, C2, C3, and C4; and Page 1 of 7 Whereas, the Developer has submitted a financial statement of construction costs for the Sewer Extension totaling $566,122.73, as shown on Exhibit"Y(the"Summary of Expenses'), attached hereto and hereby made a part of this Agreement; and Whereas,the Developer received prior payments from the owners of the properties located at 1011 Racquet Club Road (Assessor Parcel Number 504-161-013), at 2493 Janis Drive (Assessor Parcel Number 504-162-020), and at 2380 Leonard Road (Assessor Parcel Number 504-182-009) at the time these properties were connected to the Sewer Extension, and therefore, these three properties are hereby excluded from this Agreement; and Whereas, the Developer previously completed construction of three homes within the Subdivision, and obtained building permits to connect these three homes to the City's public sewer system indirectly via the Sewer Extension; and Whereas,the three homes within the Subdivision indirectly connected to the Sewer Extension are located at 2489 Tuscany Heights Drive, 2417 Tuscany Heights Drive, and 2338 Tuscany Heights Drive (Assessor Parcels Numbers 504-161-015, 504-161-017, and 504-161-027 respectively), and therefore, these three properties are hereby excluded from this Agreement; and 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 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: M SECTION 1. Reimbursements. D ON .+0 "0 Developers, owners, or lessees of lots identified herein this Section 1, and shown on Exhibit mm I.N "B", directly or indirectly connecting to the Sewer Extension, and thereby deriving a benefit to N 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. In the event Tentative Tract Map 35540 or any discretionary entitlement associated with such tract expires prior to recordation of a final map, the payments associated with the property within such tract shall be due and payable as a condition of approval of any subsequent tract map or subsequent discretionary entitlement necessary for the development of such property at the time of building permit application. Parcels not directly connecting to the Sewer Extension require future sewer line extensions in Leonard Drive, Palermo Drive, Vista Drive, Janis Drive, and Milo Drive, which are not the subject of this Agreement. The reimbursement amounts for the 195 parcels identified herein represent a proportionate distribution of the total cost of$566,122.73 for the Sewer Extension, as follows: Page 2 of 7 Section 1 — Reimbursement Amount List Assessor's Reimbursement Parcel No. Amount Site Address 1 504-182-008 $184.94 2360 Leonard Road 2 504-182-009 $0 (Paid) 2380 Leonard Road 3 504-182-010 $184.94 2480 Leonard Road 4 504-181-008 $184.94 2481 Leonard Road 5 504-181-009 ' $184.94 2379 Leonard Road 6 504-181-010 $184.94 2369 Leonard Road 7 504-181-011 $184.94 2359 Leonard Road 8 504-181-014 $184.94 820 W. Via Olivera 9 504-181-001 $855.85 2480 Palermo Drive 10 504-181-002 $855.85 2430 Palermo Drive 11 504-181-003 $855.85 2368 Palermo Drive 12 504-181-015 $855.85 775 W. Racquet Club Rd. 13 504-172-006 $855.85 954 W. Via Olivera 14 504-172-007 $855.85 2365 Palermo Drive 15 504-172-008 $855.85 2391 Palermo Drive 16 504-172-009 $855.85 2431 Palermo Drive 17 504-172-010 $855.85 2495 Palermo Drive 18 504-173-002 $1,418.39 2270 Vista Drive 19 504-172-001 $1,418.39 2494 Vista Drive 20 504-172-002 $1,418.39 2424 Vista Drive 21 504-171-011 $1,418.39 2211 Vista Drive 22 504-171-012 ' $1,418.39 2233 Vista Drive 23 504-171-013 ' $1,418.39 2255 Vista Drive 24 504-171-014 $1,418.39 2275 Vista Drive 25 504-171-015 $1,418.39 2301 Vista Drive 26 504-171-016 $1,418.39 2333 Vista Drive 27 504-171-017 $1,418.39 2355 Vista Drive 28 504-171-018 $1,418.39 2395 Vista Drive �¢ 29 504-171-019 $1,418.39 2425 Vista Drive 30 504-171-020 $1,418.39 911 Racquet Club Rd. tiON �w 31 504-171-001 $1,979.78 2490 Janis Drive Nm� 32 504-171-002 $1,979.78 2444 Janis Drive N: 33 504-171-003 $1,979.78 2390 Janis Drive m 34 504-171-004 $1,979.78 2360 Janis Drive 35 504-171-005 $1,979.78 2330 Janis Drive 36 504-171-006 $1,979.78 2300 Janis Drive 37 504-171-007 $1,979.78 2280 Janis Drive 38 504-171-008 $1,979.78 2260 Janis Drive 39 504-171-009 $1,979.78 2222 Janis Drive 40 504-171-010 $1,979.78 2200 Janis Drive 41 504-162-011 $1,979.78 2221 Janis Drive 42 504-162-012 $1,979.78 2233 Janis Drive 43 504-162-013 $1,979.78 2267 Janis Drive 44 504-162-014 $1,979.78 2285 Janis Drive 45 504-162-015 $1,979.78 2313 Janis Drive 46 504-162-016 $1,979.78 2323 Janis Drive 47 504-162-017 $1,979.78 2363 Janis Drive 48 504-162-018 $1,979.78 2405 Janis Drive 49 504-162-019 $1,979.78 2445 Janis Drive Page 3 of 7 Section 1 — Reimbursement Amount List 50 504-162-020 2 $0 (Paid) 2493 Janis Drive 51 504-162-001 $2,569.84 2498 Milo Drive 52 504-162-002 $2,569.84 2460 Milo Drive 53 504-162-003 $2,569.84 2400 Milo Drive 54 504-162-004 $2,569.84 2366 Milo Drive 55 504-162-005 $2,569.84 2350 Milo Drive 56 504-162-006 $2,569.84 2304 Milo Drive 57 504-162-007 $2,569.84 2270 Milo Drive 58 504-162-008 ' $2,569.84 2250 Milo Drive 59 504-162-009 ' $2,569.84 2222 Milo Drive 60 504-162-010 $2,569.84 2210 Milo Drive 61 504-161-003 $2,569.84 2223 Milo Drive 62 504-161-004 $2,569.84 2233 Milo Drive 63 504-161-005 $2,569.84 2255 Milo Drive 64 504-161-006 $2,569.84 2277 Milo Drive 65 504-161-007 $2,569.84 2303 Milo Drive 66 504-161-008 ' $2,569.84 2355 Milo Drive 67 504-161-009 $2,569.84 2365 Milo Drive 68 504-161-010 $2,569.84 2401 Milo Drive 69 504-161-011 $2,569.84 2425 Milo Drive 70 504-161-013 2 $0 (Paid) 1011 Racquet Club Rd. 71 504-161-015 3 $0 (Paid) 2489 Tuscany Heights Dr. 72 504-161-016 ' $3,222.89 2453 Tuscany Heights Dr. 73 504-161-017 3 $0 (Paid) 2417 Tuscany Heights Dr. 74 504-161-018 ' $3,222.89 2381 Tuscany Heights Dr. 75 504-161-019 ' $3,222.89 2345 Tuscany Heights Dr. 76 504-161-020 ' $3,222.89 2309 Tuscany Heights Dr. 77 504-161-021 ' $3,222.89 2273 Tuscany Heights Dr. M 78 504-161-022 ' $3,222.89 2237 Tuscany Heights Dr. m� 79 504-161-023 ' $3,222.89 2201 Tuscany Heights Dr. 80 504-161-024 ' $3,222.89 2230 Tuscany Heights Dr. 81 504-161-025 ' $3,222.89 2266 Tuscany Heights Dr. 82 504-161-026 ' $3,222.89 2302 Tuscany Heights Dr. 83 504-161-027 3 $0 (Paid) 2338 Tuscany Heights Dr. C 84 504-161-028 ' $3,222.89 2374 Tuscany Heights Dr. 85 504-161-029 ' $3,222.89 2410 Tuscany Heights Dr. 86 504-030-007 Lots within TTM 35540 504-030-009 $3 628 774 Lots within TTM 35540 195 504-030-010 i Lots within TTM 35540 504-030-011 Lots within TTM 35540 Total Payments = $558,349.56 5 Notes: (1) These parcels are vacant properties as of the date of this Agreement. (2) Payment previously paid by separate agreement. (3) This property was constructed by Developer and previously connected to the sewer, and is being excluded from this Agreement. (4) Payment will be due and payable under the conditions described in the first Paragraph of this Section for any discretionary entitlement approved for the property within the boundaries of Tentative Tract Map 35540 per the conditions as discussed above. (5) The total payment is $7,773.17 less than the total cost due to Developer because payments for parcels marked above were previously paid or are being excluded from this Agreement. Page 4 of 7 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 Exhibits C1, C2, C3, and C4 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. SECTION 3. Payment. Developer's current address is: Tuscany Heights, LLC 77-900 Avenue of the States Palm Desert, CA 92211 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 mN assignment of its right to receive payments under the terms of this Agreement. CL e 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 hereunderthe 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. Page 5 of 7 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 fifty (50) years from the date first above written, unless extended by mutual agreement of the Parties. Following termination, City shall have no further obligation hereunder. 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 M incorporates all the understandings of the Parties. �mN m o SECTION 10. Authority. n�an m The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such s 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 Recorders Office of the County of Riverside, California. [SIGNATURES ON FOLLOWING PAGE] Page 6 of 7 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 VAV ID , R�PPDY By B City Clerk City Ma Date: 08�f'yZO1L Date: �/ VAV1; t iJ By City Engineer Date: -11241l y APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: NA �(��pylT-o By Date: Agreement No. City Attorne Date: DEVELOPER Tuscany Heights, LLC, a California limited liability company 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. M1 Address: 77-900 Avenue of the States Palm Desert 92211 0 0 NNE % I By: By: lJ� SidnaVre (notarized) Signature (notarized) Name: C✓�_S�C�� Cia• ���, v� Name: Title: Title: Attachments: 1. Exhibit"A": Resolution Numbers 13487, 16031,and 20650. 2.Exhibit"B": Boundary Maps(1 and 2) 3. Exhibit"C":Assessors Parcel Maps(Exhibits C-1,C-2, C-3, and C-4) 4. Exhibit"D": Summary of Expenses Page 7 of 7 ACKNOWLEDGMENT State of California County of Riverside ) On July 25, 2012 before me, Gladis Perez, Notary Public ------------ (insert name and title of the officer) personally appeared Wesley Oliphant and Steve Vatter---------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s ' /are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hisfher/their authorized capacity(ies), and that byitisfher/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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 he d official seal. GLADIS PEREZ Commission of 1943564 IL Notary Public-California s Riverside County M Comm.Expires Jul 9, 2015 Signature (Seal) IIIIII IIIIIII IIIII 291 III IINIIIIIIII I III II IIIII IIII IIII as 90 f' 8557q EXHIBIT "A" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 91 IIIIIIIIII E III IIII as"11&o2£es 837A Printer Friendly View Page 1 of 2 RESOLUTION NO. 13487 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A POLICY FOR REIMBURSEMENT OF COSTS FOR INSTALLATION OF ALL TYPES OF OFF-SITE IMPROVEMENTS. WHEREAS the developer of vacant land has the responsibility for providing off-site improvements to the centerline of adjacent rights-of-way; and WHEREAS there is a need for additional off-site improvements beyond 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 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 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. 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 e� parcel of property to be charged with the cost of such N a improvements, and each such owner shall be 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 owner's property. C 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, and a copy thereof shall be mailed to the owner of each parcel to be charged with such costs. http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPaImSpring... 10/10/2011 Printer Friendly View Page 1 of 2 REs, NO, 13497 Page 2 Nothing in this policy shall be deemed to preclude the formation of assessment districts, local improvement districts, or any other alternative method of effecting the installation of and payment for such improvements. ADOPTED this 6th day of _ August , 19M. AYES: cau tllmmbws aelxich, Rield, Ortaw, Raaa and ►iayor myle WES: none ABSENT: Nons ATTEST. CITY 01; P sPRINGs, CAL[FORNIA By — ` Lveputy Gity CT erF�— Ci ty Manag& 111VTEW11 I APPROVED �Mw [D W N ENO 0 NY .y1 m ti W 0 http://10.0.0.162/AppXtender/DoePrintFriendly.aspx?DataSource=AX-CityofPalmSpring... 10/10/2011 Printer Friendly View Page 1 of 1 RrsaLrsrloN NO- :601 Or R:. C�s COUNCIL OF rhi T- Y 'IF PALM SPR .S CALIFORNIA, AMENDING AINP E PAB7TSHING PROCZDURz FOR IHPTEMMING POLICY FOR REIM5URSEFiENT OF COSTS FCR INsTALLA'PION OF ALL TYPES OF OFF-51TE TA2PR0NF1%iFHTS. WHEREAS the developer of vacant land has the responsibility for providing off-site improvements to the centerline of adjacent rights-of-ways and WHEREAS there is a need for additional off-site improvements beyond the boundaries of a particular building site in many instances; and wHEREAS the City in many instances for the public convenience and necessity installs off-site improvenents across the frontage of vacant lands which are properly the financial responsibility of said vacant land; and WHEREAS by Resolution No. 13487, adopted August 6, 1580, the City Council established its policy relative to reimbursement of costs for all types Of off-site improvements, and now desires to refine and augment the procedures for implementing that policy; gOW THEREFORE BE IT RESOLVED that the City Council of the city of - palm Springs, does hereby reaffirm its policy relative to reimbursement of costs for installation of all types of off-site improvements and restates said policy as fellows:. As used. in this Resolution, the term °off-site Improvements" shall include, without limitation thereby, the half street, concrete curb, gutter, sidewalk, and bicycle path and landscape strip, all in t accordance with adopted standards. � off-site improvements the provision of which would be the responsibility of the developer of adjacent property at the time of development of said property, may be installed in advance of development of maid property, subject to reimbursement at the time Of development of said adjacent property, in the following m manner: ate' 1. Notice of necessity to inatall off-site improvements shall be given by the Director of Community Development or his designee to the owner of m each parcel of property to be charged with the cost of such improvements, or in the case of leased tax-exampt �. land, to the owner of a taxable possessory interest. �. Such notice shall he given by personal service or by certified nail. in the event of service by certified mail, the notice shall be sent to the address shown on the latest equalized assessment roll, and to such other G address as is known to be the correct address of the person to be notified. 2. Within 20 days of the date of mailing said notice, the owner or lessee of said property may request -a hearing by the Director of Community Development or his designee, and if requested shall be given an opportunity to be heard as to: a. The necessity for installation of such improvements prier to such owner's development of his property, b. The necessity for such installation by any _ pasty other than such owner, 0 The rpasonableness of the 9POts of such http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityotPaImSpring... 10/10/2011 Printer Friendly View Page 1 of 2 nap=ct.cmcnts, d. sIny a,.her maLT—erg rea :,Tl my _'L_n—Cc to reimbursement for such lklp_ove_I.Crt5 and the CaffeC�i uP©n such owner's property. 3. Following such hearing, or if no such hearing is requested, then at any time :at least 21 days after the date of mailing of said notice, if the Director of Community Development or his designee finds that the public convenience and necessity requires /,1} installation of such improvements prior to development of said property, and (2) installation other than by the owner or lessee, then the Director of community Development or his designee shall direct that said improvements be installed forthwith subject to reimbursement of the cost thereof at the time of issuance of building permit for development of said property. 4. such installation may be made by the City, or may be required to be made as a condition of any discretionary approval of development of other property which would he served by or would otherwise benefit, directly or indirectly, from the installation of said improvements. 5. If such improvements are installed as a condition of approval of development of other property, the City shall offer to the developer of such other property to enter into a reimbursement agreapient which shall provide that the City shall use its best efforts to collect the cost of such installation from the owner or lessee of the property adjacent to such improvements at the time of development of such adjacent property, and to reimburse .such Carta if, as and when collected, to the person who incurred such costs. 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 Reoorder of Riverside County, and a copy thereof shall be mailed to n the owner of each parcel or interest to be charged with �. such costs. ty N N d� 6. The Director of Community Oevelopmant shall cause mp to be recorded in the Office of the County Recorder of Riverside County a RotiCe of Obligation to Reimburse m cost of Off-Site improvements in each instance where m such reimbursable Costs are incurred by the City or by another developer. Such notice shall contain a brief description of the improvements installed, the cost thereof sought to be reimbursed, the person to whom such reimbursement 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 each such parcel, and a statement that such cost is deemed to be a charge upon said parcel, to be paid at the time of issuance of building permit or other entitlement for development of each such parcel. 7. Upon application for issuance of building permit C for development of any parcel subject to such Rotiee of obligation to Reimburse cost or off-site Impravenettts, the Cost or such improvements charged to such parcel shall be collected as a part of and in addition to any Other fees or charges to be Collected, and shall iheraupon be paid over to the person entitled thereto. S. Nothing herein shall be deemed to require payment by the City to any person of the cost of installation of any off-site improvements except to the extent that the City shall have actually received payment for that http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPahnSpring... 10/10/2011 Printer Friendly View Page 1 of 2 RESOLUT1.4h W 1603t purpose. 9. Nothing in this policy shall be deemed to preclude the formation of assessment districts, local improvement districts, or any other alternative method of effecting the installation of and Payment for such improvements. ADOPTED this . 15th day of October ., 1986. AYES Cooncilmembers Direr, foster, and Mayor Bogert SOZS,. None ABSENT! Counciluoibers Apielbaum and Smith AT7S CITY OF PALM SPRINGS, CALIFORNIA Sy 'City Clerk City g Manager; REVIEnD h APPROVED. m M1 1!]CN 0 NNti N� 0 A= http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPaImSpring... 10/10/2011 RESOLUTION NO. 20650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION 15188 AND RE-ESTABLISHING GUIDELINES FOR THE EXEMPTION OF RESIDENTIAL PROPERTIES FROM CONNECTION TO PUBLIC SEWER PURSUANTTO CHAPTER 15.14 OF THE PALM SPRINGS MUNICIPAL CODE. WHEREAS, the City Council of the City of Palm Springs, California, by Resolution No. 11248 adopted November 20, 1974, established a policy requiring all then existing 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 WHEREAS, said Chapter 15.14 of the Palm Springs Municipal Code contains certain provisions for exemption from such connection to public sewer, and WHEREAS, the City Council of the City of Palm Springs, California, had previously adopted by Resolution, guidelines to regulate the granting of said exemptions; and WHEREAS,the City Council of the City of Palm Springs,California, now desires to adopt by Resolution,guidelines to regulate the granting of exemptions pursuant to said Chapter 15.14 of the Palm Springs Municipal Code, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, 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 being only to establish guidelines for exemptions therefrom. 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 simultaneously with the adoption of said Resolution No. 11248, and thereafter enacted into law, are continued in full force and effect. 4. The condition that"...unusual topographic or other terrain conditions exist which 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: 1 j� III IIIIIIII II II IIIIIIIIIII IIIII IIII II IIII 20I 69 o 0 f 6 28 Resolution No. 20650 Page 2 a} If the cost of on-site sewer construction and connection,exclusive of sewer facility fee, shall exceed the sum of $4,776 per dwelling unit, or such greater sum as shall hereafter be determined by resolution of the City Council; or 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. The amounts in "a)" and "b)" above shall be adjusted annually in accordance with the Engineering News Record Construction Cost Index. Adopted this Znd day of JU1IY 2003. AYES: Members Mills, Oden, and Mayor Kleindienst NOES: None ABSENT: Members `Hodges and Reller-Spurgin ATTEST: CITY OF PALM SPRINGS, CALIFORNIA , By City Clerk City Manage REVIEWED AND APPROVED III IN�11111111111111111111111111111 09��11?of 28 7R EXHIBIT "B" I IIIIII IIIIIII IIIII III IIII IIIIIIII IIIII III IIIIII III IIII es.2011 5 2S o£08$7R 85 properties y RACQUET CLUB ROAD NEW SEWER LINE OLD SEWER LINE ` 20 13 20 20 I 15..k' 10 2 ii �:/ 32:10 33A 15 b I t0 2 .'i '. y�y W 19 91 I 2 79 78 I 2 8 18 I i2 1 II ._' ' ❑ 1S 18 t0 3 , ? i6 i8 Of3 8 i6, 13 Q 35'f 2S ❑Lu Lu 22 to 44 7.1 C9 14 d _ i I �� 14 36 I �} K 28 M 1 : I 2i 15 16 I S ',:d 6 16 ❑ \ 15 \ 37 26 15 / 1811 I 28.1 Q a 1315 ¢ ! sls I 18 27 14 W 20 rs O 1 7 7` 74' ZQ i .� `\ OLIVERA4 ' 7y zz — O r 71 ' 13 I 9 173 40 PAR1 13 13 I W 16 ai 27 i7 i 1 24 J I 17 a 9 tz 1z I -- VIA --- a .� I o a tz LIVORNO--� 40 Pua.z e `�k' ! n I io 10 n n I I 99 20 25 26 I I Id I I /0 70 1 ii I I 41 1 PAR.3 BOUNDARY MAP 1 . IIIIII IIIIIII IIIII III II I II III IIIII III IIIIII III IIII 2012-0431655 09 719 o£08 a37R RACQUET S ROAD [�OPO 5 LOT A 6 4 �P 1043 6 13 42 25 � 14 15 i µ i i -""'-- 26 / 16 _ 41 w 20 7 23 18 38 28 39 40 45 I lu 22 36 29 46 `�_ � � 49 48 47 N�tflRN 30 53 62 33 51 62 WAY 32 31 63 65 88 54 / 59 60 66 87 61 64 55 � � 1 67 89 56 57 76 75 B5 74 77 73 72 71 90 `\ 85 84 79 68 83 91 92 _ 82 69 93 gq 81 70 95 80 96 97 104 103 102 101 100 98 99 105 / 106 107 108 109 110 TENTATIVE TRACT MAP 35540 NORTH BOUNDARY MAP 2 11111 IN IIIIIIII III 1111111 III 99 20120 ofl08837R EXHIBIT "C" II IN11111111111111111111111111111111111111111 08 ©',21 of 28 �R I o£ 28 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOS 5 ONLY.00 LIABILITY POR.SEC J T.4S. R.4E 5 0 4-16 IS ASSUMED FOR THE ACCURACY OF THE DATA ASSESSOR'S PARCEL , T.R.A. 011-093 to i0 MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BULL ING SITE ORDINANCES CITY'OF PALM SPRINGS HAY17� I - Was - O —DRWE- Ar p wa 140 na naa ,aa wo n,u R a R x l — � 3 O H O O O O O O O CO R O B = I asn me �n w, � 6 >uo was a+ua aua aua mw aasa ,m u.ae F — — niia.�v—— — -- — ''-- _N =A — — � _ �s avn sn a,n va rea +^+a an eaaa aaa naa ws mu cu� — \J = o w O e _ x x x e a c = F - M " T M m.guy-- � � se $a,esa au° ena sosa nwa ,».w ,mu nne wsa nan �w a „ TUSCANY HEIGHTS DRIVE Q O gg a V � mxr ae.« wa wcea saw aan /.OTA aa.n nm to � $ w s� n4a aoae °t *^ raaa° 0 0 � MB 34/67 JANIS HILL TOP ESTATES,NO. 1 MB 43/83 TRACT MAP NO. 2303 ASSESSOR'S NAP BR50N .Ifi MB 385/97-100 TRACT MAP NO. 28495 Rivenlde CounlY, Calif. ���. NOY 2006 EXHIBIT C-1 504-17 Z C.A.//03 POR. SW114 SEC.3, T 4S,R.4E /s /00, - 13 � N \ � O b Fo\ � � y � V v m 04 m ^ MNw ; aris , ..• Lot A mu„s r' .. +�WS+nrm C—B17/•I�E `i .,..+ D O w ♦. u ' j Qy © O O ©w O O © O JMT 'O O O O O OITT Ne NM b h Y Lot 8 aATA+ M.B.20184 Piemonte Estates /6 ASSESSOR'S MAP BK. 504 PG.l7 M.B.34/67 Janis Hill Top Estates No. R/Ye+r9/OE COUNT`; OCL /968 ® NOT SUBJECT TO THIS AGREEMENT EXHIBIT C-2 2-0431655 IIIIII II IIII IIIII it I IIIIII II II it III II III 09/11,2012£088 IS S MAP WASSUMEDF PREPARED AC FOR ASSESSMENT DATA SHOWN ASSE.NO LIABILITYPOR SW 1I4 SEC 3 T 4S RYE \19 Y NOT COMPLY THE WITH L T- PNF ORB BUILDING ATE ORDINANCES. PARCEL 504-18 MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILpING 811E ORpINANCES 1 � T.R,A.011-003 \ I I 'h11G 12:1A10 •• a _� E -- -- — -��- re CLUB A,an ati -- - —...- LT. -- --- TT-ROAD N J " 01 ie " v, E L 1 n I n " _ I, �E 15 34 p 1 >I A 02 LL i .. R — 1 —I1 — 30 vn 1 I 1 , 25 T zz 2 Legend i 03 as e.LL— L I I'• q wrxtiN Ma o t 11 I L 1 `L POR 27 WISQ " I " r \ - CIA ° _ -- ._ _-_._... ----MWCERA.. F 9 Poo Pon Poa+ \�\ j Map ibLrenca / — MB BRA1ffi _ I IIT 'r ) ---....__. PoU'. Pon d1NNAN TRA(A s Pa is Pp 23 I ` ASSESSORS MAP BKBOA PG.18—_ -I I Rivereitle County.Calif )I NaLofiaropan 1 July 2Dt0 NOT SUBJECT TO THIS AGREEMENT EXHIBIT C-3 111111 IN IIIII III III 11111111111111111 II os�9,125 42 a 28 s 2 es 504-03 T. C.A. /(03 S1/2 SEC. 4, T. 4S,R. 4E CHINO CANYON O2 LEVEE / i x p� ' SR /"[ 400, 9 / 9 5 48 47 (10.14) //0./B) l6 3d O PO.PB A[ 30.38 Ae 1/0.91 BK 505 — I _ - / A .,64 63 110.19) V 45.196+4C. 0 20 / •/ (/ •/7 (10.20) (10.21) 8 9 OITE O<O N4 NfN Ne 9 (Q 3/79 Sat B-I3 I B J 505 OAMIG.L.O.PLA75,N.S.22/87,34/6743103, 54152—% ASSESSOR'S MAP BK 504 PS..03 TRAMWAY,R/S 10171,10172 R(V£RS/DE COUNTY CAL/F. _[ SEPr. 1968 NOT SUBJECT TO THIS AGREEMENT EXHIBIT C-4 EXHIBIT "D" (IIIII IIIIIII(IIII III(III(IIIIIII IIIII III IIIIIII II IIII 2012-0431655 88 ,'2012 88 837R , SUMMARY OF EXPENSES TUSCANY HEIGHTS FOR SEWER CONSTRUCTION REFUND AGREEMENT 2/13/212 DESIGN: Wamer Engineering $14,565.82 STAKING: Warner Enginering $13,890.28 TESTING: Sladen Engineering $2,856.00 CITY FEES $2,000.00 ASPHALT REMOVAL: Palm Canyon Contractors, Inc. (Trench/sawcut) $10,993.28 CONSTRUCTION: Tri-Star On/off Sewer $221,097.50 Pre-water, Dust Control $4,031.30 Demolition and Grading $63,349.00 Boulder Removal $23,036.00 Boulder Trucking $20,379.32 Boulder Demo (3 boulders at sewer line) $14,690.00 Dump Truck - Rock hauling $7,742.50 Import Fill $9,524.20 BACKFILL/COMPACTION: Palm Canyon Contractors, Inc. On Racquet Club Road: $78,642.96 STRIPING& COLD PATCHING at Leonard Dr.: Tri-Star $2,530.00 SUPERVISION: $16,138.56 Subtotal $505,466.72 CONSTRUCTION ADMINISTRATION: $60,65&01 TOTAL = $566,122.73 EXHIBIT D III INIIIIIIII ml1111111111111111 as�9127 ofa28 ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) State of California ) County of Riverside ) ss. City of Palm Springs ) On August 14, 2012, before me, JAMES THOMPSON, CITY CLERK, CITY OF PALM SPRINGS CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me and that he executed the same in his/her official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 14`h day of August, 2012. p PLM g �OF p4� t O Y N .M N\ Signature POR : �-- MES THOMPSON, CITY CLERK City of Palm Springs, California Title or Type of Document: - Racquet Club Road Sewer Construction Refund A6253 Document Date: August 14, 2012 Number of Pages: 27 I IIIIII IIIIIII(IIII III IIII 1111011111111111111111111111 09 1 /202f 8:37R