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HomeMy WebLinkAboutA5665 - FRANK J BURGESS CONSTRUCTION REFUND AGR FOR FIRE HYDRANTS DOC # 2008--0434076 08/07/2008 08:00F7 Fee:NC Page 1 of--19 - Recorded in Official Records County of Riverside Larry W. Ward PLEASE COMPLETE THIS INFORMATION Rssessor, County Clerk & Recorder RECORDING REQUESTED BY: I IIIIII IIIII� II IIIIIII�IIIII I` IIIIIII III IIII II IIII CITY OF PALM SPRINGS III I AND WHEN RECORDED MAIL TO CITY OF PALM SPRINGS 5 R U PAGE SIZE DA MISC LONG RFD COPY OFFICE OF THE CITY CLERK 3200 E,TAHOUITZ CANYON WAY PALM SPRINGS,CA 92262 M A L 465 426 PCORIt NCDR SIF NCH EXAM C� CONSTRUCTION REFUND AGREEMENT fFIRE HYDRANTS �,�H�IrSm F�®rR� - E11R?'' USUEM, JI1L Y 562&34.I CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND FRANK J. BURGESS, TRUSTEE. CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) NO. �'�� This Construction Ref nd Agreement(Fire Hydrants), hereinafter referred to as"Agreement,"is made and entered into this � day of �iVYY!_. , 2008, between the City of Palm Springs, California, a municipal corporation, hereinafter referred to as "City," and Frank J. Burgess, hereinafter referred to as "Developer." Whereas, the City has established a policy for reimbursement',of costs for off-site improvements by City Council Resolution No. 13487 dated August 6, 1980, and Resolution No. 16031 dated October 15, 1986, which are attached hereto, marked as Exhibit'A" and hereby made a part of this Agreement; and Whereas, prior to the approval of this Agreement the Developer was the legal owner of Parcels identified as Assessor Parcel Numbers 669-443-001, 669-443-002, 669=443-006 and 669-443-007 of Parcel Map 16349 recorded in Book 669, Page 44, record of Riverside County; and Whereas, the Developer performed his required obligation to construct the off-site street improvements and paid the construction costs; and Whereas,the oft-site street improvements that are the subject of this Agreement have been dedicated to public use by the Developer, and have been accepted by the City; and Whereas,the City has determined that benefit from the construction of the off-site street improvements on Anza Road and Del Sol Road will accrue to the properties as delineated on the exhibit identified as "Boundary Map" attached hereto, marked Exhibit"C," and hereby made a part of this Agreement; and Whereas, the City has determined that said benefit will be in direct proportion to the properties identified by Assessor Parcel Numbers 669-443-001, 669-443-007, 669-451-001 669-451-004, 669-452-001,669- 452-002, 669-452-012, and 669-452-058, records of Riverside County, as shown on the Assessor's Parcel Maps, attached hereto as Exhibit "B," and hereby made a part of this Agreement; and Whereas,the Developer, in accordance with the Council Resolution No. 13487 and Resolution No. 16031 has requested that the City and the Developer enter into this Agreement to reimburse the Developer costs associated with the off-site street improvements which benefit the identified properties; and Whereas,the Developer has submitted a financial statement of construction costs totaling$34,504.00 for the off-site street improvements which include invoice from Desert Water Agency, as shown on the attached Proof of Payments, marked Exhibit "D," and made a part of this Agreement; and Whereas, it is in the best interests of the Developer and the City to establish this Agreement to provide for an equitable apportionment of costs associated with the construction of the off-site street improvements to properties benefiting from the off-site street improvements. 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 City and the Developer, it is hereby agreed that. SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit"B"abutting the off- site improvements (Fire Hydrants) on Anza Road and Del Sol Road shall pay to the City the amounts I Page of5 SE7R34 IIIIII(IIIIII II�II�III IIIIII 111111111111111111111111111 M107 8 08308 WF1 shown herein. The assessments listed herein shall be collected at such time when a building permit is issued to the properties shown on Exhibit"B" whenever allowed by the Municipal Code. Upon receipt of such payment, City shall pay the Developer the assessments shown herein. The assessment for each parcel is hereby established at a calculated benefit for eight (8) properties equitably spread over a total cost of$34,504.00 as follows: Assessor's Parcel No. Assessment Street Address 1. 669-443-001 $4,313,00 3540 N. Anza Road, Palm Springs 2. 669-443-007 $4,313.00 3585 Del Sol Road, Palm Springs 3. 669-451-001 $4,313.00 Vacant Lot- 3520 N. Anza Road 4. 669-451-004 $4,313.00 Vacant Lot- 3581 Del Sol Road S. 669-452-001 $4,313.00 Vacant Lot- 3573 N. Anza Road 6. 669-452-002 $4,313.00 Vacant Lot- 3545 N. Anza Road, 7. 669-452-012 $4,313.00 255 W. Oasis Road, Palm Springs B. 669-452-058 4 3� 13.00 3580 Del Sol Road, Palm Springs Total costs of street improvements: $34,504.00 TOTAL DUE TO DEVELOPER: $25,878.00* The above assessment represents the proportionate distribution of costs of the off-site street improvements construction. Note: * The total reimbursement due to the developer is equivalent to the total costs of the off-site street improvements less the assessments proportionate to Parcels No. 669-443-001 and 669-443-007 which are owned by the Developer. SECTION 2. Payment. Developer shall inform the City Manager within ten (10) days of the execution of this agreement of Developer's current address. 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 the assessment. No interest shall accrue on any amount due. SECTION 3. Successors. The right of Developer to receive payment as stated herein shall not be transferable to successors and assigns but shall remain personal with Developer. SECTION 4. Collection. Developer shall be liable for all costs, expenses, attorneys' Fees and other fees incurred by City in collecting any payment from an assessee. Before taking any action to collect payment from an assessee, 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 action to collect said payment. The City shall have complete and absolute discretion in determining whether to take action to collect a payment from an assessee and shall have no obligation to take said action. SECTION 5. No Representations or viability. City makes no representation as to: (a)when, if ever, it will receive the above costs assessed on the Parcels, (b) its legal liability to enforce the collection of the fees assessed, (c) changes in the law affecting the City's ability to charge fees and assessments. Due to these factors,the City shall have no liability whatsoever to any of the developers,owners or lessees forthe collection of the assessments stated in Section 1 above, or for the payment of such sums to Developer. SECTION 6. 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. I I I (Page 3 of 5 p s6zs;� I II�III IIIIII II IIIIIII IIII�1 II IIIIIIII III�II�I I II IhI 08/07 8 as es�msa SECTION 7. 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 S. 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 9, Recordation. The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside, California. In witness whereof, the City and the Developer has hereunto caused this Agreement to be executed the day and year first above mentioned. DEVELOPER: Frank J. Burgess S1 ure/ (Please otary State nt on the next page) ATTEST- CITY OF PALM SPRINGS, CALIFORNIA r� c City Clerk City Manager .SAhtE�& -R- OAM00 PAV19 t-j-. R-eiP4)Y 4/ U APPROVED By CrIY COUNCIL Reviewed and Approved By City Attorn y `P LA,6— I-tOtr(,peND Attachments: 1. Exhibit A: Resolutions 13487/August 6, 1980 and 16031/October 15, 1986 2. Exhibit B. Assessors Parcel Maps 3. Exhibit C: Boundary Map 4. Exhibit D: Proof of Payments � Not To Exeeeri t� �, Without The Express WNk z Authorization Of The ten Manager. III I IIIIII IIIIIAI II IIIIIII IIIIII ity Page 4 of 5 e+saa e0esGesri/i GO: OAIIIII�IlIIIIIIIIIIIIIIIIII EXHIBIT "A" Resolution No. 13487 / August 6, 1980 Resolution No. 16031 / October 15, 1986 m �m mW� ado �N(p l M1 0 Oi 0 YYI^� I� CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) 2'l O3 ed by RESOLUTION NO. 13487 OF THE CITY COUNCIL OF TI4E 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 parcel of property to be charged with the cost of such 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. 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. IIII AIIIIAI II IIIIIII IIII�I II III�I III III IN III es e�O a es 697eoF 8 b 1 � 1 8 b 2 RES. No. 13487 Page 2 Nothing in this policy shall he 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 1980. AYES: Counellmembers Seirich, Field, Ortner, Rosa and Mayor Doyle NOES: None ABSENT: None ATTEST: CITY OF PAV SPRINGS, CALIFORNIA BY r �— .. Deputy City Clerk City PlanagLsr REVIEWED & APPROVED II HIM IIIIII II IIIIIIII III IIIII IIII IN e8r000s 0eE308 eeR s 6 RESOLUTION NO. 16031 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING AND ESTABLISHING PROCEDURE FOR IMPLEMENTING 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 I 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 convenience and necessity installs off-site improvements 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, 1980, 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; NOW 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 follows: 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 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 said property, subject to reimbursement at the time of development of said adjacent property, in the following manner: 1. Notice of necessity to install off-site improvements shall be given by the Director of Community Development or his designee to the owner of o each parcel of property to be charged with the cast of mm such improvements, or in the case of leased tax-exempt mo land, to the owner of a taxable possessory interest. w, Such notice shall be given by personal service or by Q certified mail. In the event of service by certified m mail, the notice shall be sent to the address shown on the latest equalized assessment roll, and to such other I address as is known to be the correct address of the person to be notified. MIME 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 prior to such owner's development of his property, b. The necessity for such installation by any party other than such owner, C. The reasonableness of the costs of such improvements, d. Any other matters reasonably related to reimbursement for such improvements and the effect upon such owners 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 be 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 agreement 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 costs if, as and when collected,, o 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 Recorder of Riverside County, and a copy thereof shall be mailed to the owner of each parcel or interest to be charged with such costs. 6. The Director of Community Development shall cause to be recorded in the office of the county Recorder of Riverside County a Notice of Obligation to Reimburse © Cost of off-Site Improvements in each instance where mw� such reimhursible costs are incurred by the city or by aw another developer. Such notice shall contain a brief a° description of the improvements installed, the cost m Nm thereof sought to be reimbursed, the person to whom m such reimbursement is to be made, a sufficient legal " m 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 ❑f building permit or other entitlement for development of each such parcel. 7. Upon application for issuance of building permit for development of any parcel subject to such Notice of obligation to Reimburse cast of off-Site Improvements, the cost of 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 thereupon be paid over to the person entitled thereto. �^ 8; Nothing herein shall be deemed to require payment by the City to any person of tha� cost of ,installation of any off-site improvements except to the extent that the City shall have actually received payment for that RESOLUTION NO. 16031 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. AXES: Councilmembers Birer, roster, and Mayor Bogert NOES: None A&SENT: Councilmembers Apfelbaum and Smith ATTES CITY OF PALM SPRINGS, CALIFORNIA By� � z�"".� , o City Clerk City Manager/ REVIEWED & APPROVED. 11111111111 HIM III IN oe 0eas es es reea it 6£ 19 EXHIBIT "B" Assessor's Parcel Map m mW- V©G v�O 9 mNti m h m Y� CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) 669—44 T..C.A. ou_og4 �y� SF4 24-v_1 SE4 SEC. 34 T3S R.4E. THlS ldeP +5 FG9 A55�55RlFM FLWR�S£S G4EY - - - --- - -- - - - - - - - - - -- 41 � MAR 212U6 LAS VEGA3 Q 441 - Q I sees Al- qa � Pf I j fI�l r.� OT RADIO � v»sal RD. 33[�.O/I � � d,.9 s' .IS �6.5 .)�� �� ..^. ieo •�• iva [1i cn M! T. to S RY ftsl SO r.T � F,�f�LjJ i[5..�� � SO yp », .1 0 20 .. iw I 3 Ie1.oS c �3 5 fi r d 9 b , ZD 4 .g ]"a ® O 33 40 © 8 1„ I9 'T' IT u !fi /5 Po, 13 ' !2 // '•Foss ` O1 34 39 O ,. OASIS RD. r�r ITS OS Ne NFe'n. i I xa ace r-e Ii M.B. 23/83 WRIGHT' & LEONARD TRACT P.M90/,2 Porcef Mo JJ 16349 `p p offw, /ee Iph'a ` SE Col D4 T4 RS 54/52-55, 55/ 29-32 hL T�a III M R.S.TS/N OS !rf II ASSESSOR'S NAP 91C 669 P8,44 JVIJE 1868 R1YEkS10E COIIN7Y CALIF ED I llllll lIIIIII Il lllllll llRll f 11111111 III lfllll IIl Illl °e/00983 of 1900R 669-45 7. ca, 011_o45 S2 SE-4 SE4 SEC,34 T3S IR.4E. OII_0 44 44 MAR"2 12006 i ss ao rac.os- £ m<.oi 0 OASIS sr<» 35 3S 4 ^y. er ra•8 Uzi �wL � O.SSkiO5 36 37 ae 'dam ♦ i - T.1 _ ® eYawa ..s s'•s{ , nn 8 _ aaa,er 04®e I svn AC =s E 2a O3 n z ' DEL—SOL s""'''-° x]r! 4e�fS [=fi s' s 111 ..x ca i i s.•X 6� 0o2Ic tpr Z I e [ &A a � P.3DAcs � I wt r 26 25 29 i 23 22 21 TPA; a 3 s. ce a7-o44 ro s e 7 a "rRA ••ar 45` •'s r r I 5 a a I TRA OJI-044 O h # ® O L'zl t I 1 Irfi (9AN RA EL P CE) - wre cen m nenm c oaf z,a r,-s " v,es +ss.o •�c � A / Dee no .a2_Ia sx laSAc b o fT • Sl e9 W SI I%A SO �e /�S ISS-Ii eSsr Ife V r.55A�f 41 •® h n 4i Y 066A4 {{97 .m r5i-aS�q sf Y SAW RAFAEL •'•"r T 45. ^'��."-^� } vy � �SO y35 3 2 I of 504 [ i T or se. M.B,23/83 WRIGHT d LEONARD rRAcr B.29/11 SLYITNLANO TRACT' r!n � n sou _ r ^ss da Kr i' DATA RS 59/52-55° 56/2¢32 /]f fS1lO 6 F IGA GCi-R i:.l-Il SS.S /e1 "s ro ASSESSOR'S •AAP @K 669 PS,45 n JUICE 1966 MIERSIOE COUNT'i "LIE O I yII �r 08/07/4108 08:&OA EXHIBIT "C" Boundary Map 4 dm^ m m O �©N �N �l N m m m r r� Imo^ �w Y� CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) RADIO ROAD ----- - --�75.07' < - 89s ry__-- I--- 84.92' O 1 o' o' 2 3 4 0' 6 ' rn 5 f00" EXISTING 110" 175' 103.07' 10 >00.03' 164.04' 164.03' EXIS NGI HI `i2 669-443-002 2 669-443-006 n n QI 3560 ANZA RD. 3591 DEL SOL RD. N moo_ i 100' 37 ^ � 669-443-001 669-443-007 EX. 3540 ANZA RD. 3585 DEL SOL RD. 85.06' FH NEWS A H 0 669-452-001 FH o o 669-451-001 669-451-004 ~ ANZA57 R➢. I 3520 ANZA RD, 3581 DEL SOL RD. ' 669-452-D12 0 255 OASTS Rp. '` 669-452-002 1643.062' N 1a6 4.0<1°' 3545 ANZA RD. 37 -�P, �� 1 669'7-�41'0r59.28-40' 58 139.07' 139.95' 3580 DEL SOL 100 hA. _� � _ _ 28 EXISTING I 700' 294 s8' 681 0.9. 145 6^ 24 23 22 2727 700' 68, 68' 68' 68' 68' 158 90' of BO&XDARYMAP SCALE: 1" 100' EXHIBIT "D" Proof of Payments m �mw m y 4 m m I� CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) EYhomas&le ill Y �,� desert Water Agency Pr�sidem 1200 Gcnc Autry Trail South Ronald E Starrs P.O.Box 1710 F.Gi V President DESERT WATER llar Boyd.Jr. Palm Springs CA 92263.1710 SecretaryrfWillam"Bill" ynne Telephone 760 323-9971 William"8i11"8yme � Fax 760 323-6505 Patricia G.Oygar w•,wv.dwa.org David K.Luker General Manager Chief Engineer Best Bes[&Krieger General Counsel Kneger&Stewart Consulting Engineers July 20, 2006 Burgess Family Trust Attn: Frank Burgess P.O. Box 54 Banning, CA 92220 RE: STORAGE CENTERS — 3585 DEL SOL & 3540 ANZA ROAD Dear Mr. Burgess: This Agency proposes to provide domestic. water• service to the above-mentioned project and has established fees and charges for providing such service. "Charges on Statement" are established amounts and not subject to adjustments. Prices are subject to change without notice. , "Adjustable Funds" are estimates only,-subject to any price change and open to final accounting. Any monies remaining-aboy„e actual costs will be returned to you and any difference above estimates will be billed.to you. Our estimate of costs for charges and work to be done by this Agency is as follows: I. CHARGES ON STATEMENT Plan Check Fee....................................... $100.00 TOTAL ON STATEMENT................................$100.00 Gl1DP/3TAF%RandalV6urgCs 5N F5t2 II�IIII IIII II II IIII I IIIIII IIIII�I I �III� IN08 9213198-904076 7/2 08£08900R DESERT4WATER CND Burgess Page 2 July 20, 2006 II. ADJUSTABLE FUNDS 1 Public Commercial Fire Hydrant on Del Sol Rd............................$17,036.00 1 Public Commercial Fire Hydrant on Anza Road ............................ 17,368.00 TOTALAD3USTABLE FUNDS...................$34,404.00 TOTAL CASH REQUIREMENT..................$34,504.00 Material required for work to be done by Agency forces will be ordered upon receipt of the above cash requirements. As orders may take up to 120 days for material deliveries, please allow for this time in your schedule. Sincerely, DESERT WATER AGENCY �Q- Debbie A. Randall Senior Service Planner DAR/Idp GJLDPJ57AFF/RB iIV6mgess Sry ES[2 I�III��I I �II�I�I II II III 111111111111 IIIII I �� Ga q00 2688 Ge 00A 19 0£ 19