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HomeMy WebLinkAboutA5664 - FRANK J BURGESS CONSTRUCTION REFUND AGR FOR STREET IMPROVEMENTS DOC # 2008-0360040 07/11/2008 08:009 Fee:NC Page 1 of 18 Recorded in Official Records County of Riverside PLEASE COMPLETE THIS iNFORMATION Larry W. Ward o RECORDING REQUESTED BY: AsseIIIIII II IIII II II IIIII I III IIIII IIIII III II III III R�Cfl� CITY OFF PALM SPRINGS AND WHEN RECORDED MAIL TO. CITY OF PALM SPRINGS S 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 PCOR NCOR 51VIF CH EXAM CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) �HE, I��� J�R?E1A --1 ` 3R- R?E,,CrmoizmDE�M"'S-' U8, O��L Y 562F33 1 CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND FRANK J. BURGESS, TRUSTEE. CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) NO. RSb�t This Construction Refund Agr emenY (street Improvements), hereinafter referred to as "Agreement," is made and entered into this ay of b11 %l , 2008, between the City of Palm Springs, California, a municipal corporation, herein er 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 off-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, 669-443-002, 669-443-006, 669-443-007, 669-461-001 and 669-451.004, 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$97,902.37 for the off-site street improvements which include invoices from Cruz Cat Tractor, Casey's Concrete, Garrett Concrete Coring & Sawing, Roger's Grading, Excavation & Demo, Sladden Engineering, D&L Wheeler Enterprises, Superior Ready Mix Concrete,Tops N Barricades and Desert Water Agency, as shown on the attached Summary 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: I I IPage2of5 fI sers; i I II�III IIIII�I AIIII II1II IIIII 1111111111111111111111 hll 07 290 z 8 084aeR SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit"B"abutting the off- site street improvements on Anza Road and Del Sol Road shall pay to the City the amounts 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 six (6) properties equitably spread over a total cost of$97,902.87 as follows.- Assessor's Parcel No. Assessment Street Address 1. 669-443-001 $16,317,15 3540 Anza Road, Palm Springs 2_ 669-443-002 $16,317.15 3560 Anza Road, Palm Springs 3. 669-443-006 $16,317.15 3591 Del Sol Road, Palm Springs 4. 669-443-007 $16,317.15 3585 Del Sol Road, Palm Springs 5. 669-451.001 $16,317.15 Vacant Lot- 3520 Anza Road 6. 669-451.004 $16,317.15 Vacant Lot-3581 Del Sol Road Total costs of street improvements: $97,902.90* TOTAL DUE TO DEVELOPER: $32,634.30 '' The above assessment represents the proportionate distribution of costs of the off-site street improvements construction. Note: * The total assessment is $0.03 more than the total cost due to rounding. 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, 669-443-002, 669-443- 006 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 Reoresentatiens or Liability. 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 maybe amended at Page 3 of 5 562833 1 I 1111111111111111111111111111111111111111111111111111 e7'l1/ 0e 6$fie&R any time by the mutual consent of the Developer and City and by recordation of an instrument in writing. 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 8. 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 g?rat e (Please see 0 y Statemeq n The next page) ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager CE}�AA PS�t� 4C, A V 1 D H .Reviewed and Approved Sy. APPROVED 6Y WY COUNCIL yATtorney Attachments: �d�L lF�t-LP t�l' �U43 1. Exhibit A: Resolutions 13487/August 6, 1980 and 16031/0ctober 15, 1986 2. Exhibit B: Assessors Parcel Maps 3. Exhibit C: Boundary Map 4. Exhibit D: Summary of Payments Page 4 of 5 562833 1 I IIIIII IIIIIII III�I IIIII IIIII IIIII IIIII III IIIII II I IN 07 100 0 of 08 G�¢00F State of California) )ss. County of Riverside ) j� I - On A� )Irl a � &COB before me, �r�l�1�OVh�1� �ILwJIIC, Da et r —�^ Name and Title of Officer personallyappeared I� ayQ �L ll - I juQ eSS ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/me subscribed to the within instrument and acknowledged to me that he/ske44trexecuted the same in his/heB4heir authorized capacity(-ie , and that by his4+eBqh'eir signatures on the instrument the personE*, or the entity upon behalf of which the persou(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. IF WITNESS my hand and official seal CARRIE ROVNEY _ Commisslon# 1648583 Notary Public-California f Riverside County OMYCOMM.Expfresmw26,2010 � Signature of Not U lc Page 5 of I5 562833.1 IIIIIII I�IIIII�IIIIIIIII IIIII IIIIIIIIII IIIIIIIIIIIIIIII ea 11/ les�e8IBOR EXHIBIT "A" Resolution No. 13487 / August 6, 1980 Resolution No. 16031 / October 15, 1986 IIIIIIIIIIII�IIIIIIIIIIIIII�III�IIIIIIIIIIIIIIIIIIIIIII 2 08s$�e 67 11Z e� CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) nl Otdod bg- RCSOLUTION N0. 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 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. 2�fJ8-039G040 1111111111411111111111111111111111 llll11111111 111111111 a7J1 ;70or i s 0©n 8 b I 'I Fs 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: Counci.lmembers Beirich, Field, Ortner, Rose and Mayor Doyle NOES: None ABSENT: None ATTEST: CITY OF PA 4 SPRINGS, CALIFORNIA By Deputy City Clerk City Managdr REVIEWED & APPROVED I I��III IIIIIAI IIIII IIIII IIAII IIIII III�I III IIIII III IIII �06e of 00048 e� a 00R RESOLUTION NO. 16031 OF TOE 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-SSTL 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 instancesF 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 J 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 m development of said adjacent property, in the following m©1' manner: m 4 0 Cp N Qj 1. Notice of necessity to install off-site m improvements shall be given by the Director of Community Development or his designee to the owner of each parcel of property to be charged with the cost of such improvements, or in the case of leased tax-exempt land, to the owner of a taxable possessory interest. Such notice shall be given by personal service or by certified mail. 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 I 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 requestea 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, r 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. Fallowing 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) I 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. . S. 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. 4 m mm G. The Director of Community Development shall cause . �mw to be recorded in the Office of the County Recorder of m° Riverside County a Notice of Obligation to Reimburse Nm Cost of Off-Site Improvements in each instance where ti ti such reimbursible costs are incurred by the city or by © another developer. Such notice shall contain a brief description of the improvements installed, the cost r+ 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 s 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. r 7. upon application for issuance of building permit for development of any parcel subject to such Notice of Obligation to Reimburse Cost 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 the cost of installation Of any off-site improvements except to the extent tha•c 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. AYES. Councilmembers Birer, Foster, and Mayor Bogert NOES: None ABSENT., Councilmembers Apfelbaum and smith ATTFS CITY OF PALM SPRINGS, CALIFORNIA 1 C1ty C1er: City Manageerl — REVIEWED & APPROVED. IIIIII IIIIIII�����IIIII 11111 HE 11111111 HIM III IN �ma 11 aB$0OR EXHIBIT "B" Assessor's Parcel Maps 1111111111111111II II �E1111111111111111111111IN ����06f Is- CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) 669-44 zcA.au_o4a 2 ¢ 24-41-1 N SE SE4 SEC. 34 7:3 S. R..4 E. rms aaa Is Fnv asxss.eenr FwFnus arar - - - -- - - -- - - - - - - - - - O MAR 212009 4I LAS VEGAS 8 — a3,.x s,,...• RD. _ 1 a ' 0.396ee I SSE Zq'/ SS f0 h 8 P1lC I I � S I � I LT Act 91i.S4 I r-u•e 43 aer T RADIO , .e„ �F say.a•E om • e ,,.e,• RD 33 z fa 641 ,,D © N i $leOz ;oaSIS Q\ sa of Y� fif OLi AG hSlf,vt i � j/ HI.IS •ef zr,l M.B. 23183 WRIGHT 8 LEONARD TRACT P.N 90/1,2 Parcel Arlop 16349 rs5s 2Y /e> err.a s,sr Dp GA RS 51/52-55, 55f 29-32 QI 1,9 r! l l2.IS OIS r IS.ST RSSESSOR'S NAP RK,669 PG,44 JUNE 1958 RIYERSIOE CWN7 CALIF O ea Will IIIII�I I��ll���«1llu�I�f���������1[������� III 07111" 008s08 BGGJA 659- 45 T. C A. oil-045 52 SE-4 SE-4 SEC 34 T 3S R.4E. 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CALIF. 0 I Illlll 131 Ell 1111111111 11111 11111111111111111 A 07 ©A 14 0 or 6s01800R EXHIBIT "C" Boundary Mau IIIII Ill II1 III lill11I111I 07200 15 a Bo80IS CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) h'ADIO ROAD 75.07' 84.95 775 h 1 84.92' �rti I �"u_ rrti R 1 0 0' �-LOL 2 3 4 0' 1 3Q' 5 6 6 m i 110' 175' 103.07' I 0 100' I 164.04 764.03 >00.03' IP -12 ' 669-443-002 669-443-006 n n I 3560 ANZA R➢. 3591 DEL SOL RD, 100' 1 O 1 5 0 669-443-001 669-443-007 3� n §� 3540 ANZA RD, 3585 DEL SOL R➢, i O 85.06' 100' i O 669-451-001 669-451-004 jO h 3520 ANZA RD, 3581 DEL SOL RD. 85.79 100' I 19 0 I q 'qn 7s4.02' 164.01' t* 110.84' n 29 h w 25 36 ^ 37 " � N 100' I R 139.07' 739.95' w 20 � f � 03 h 28 h I- --- -------- - h h 1 100' 1 42.94 66' 68' 68' 0.9 ?S" 14.55 a � 27 0; 26 25 24 23 22 w 21 ti 0 100' 3 0' 68' 68' 68' 68' 68' 758.90' OF PALAIS'o B0UNDARYMAP 2008-038084A 11111 III 111111 III IN e7r1 ir16 o o18 Q� SCALE 1' = 100' EXHIBIT "D" Summary of Payments II111111111111 Ell 11111((lllllllll(lll111MER111 a7lPAA$®0808�OeA CONSTRUCTION REFUN❑ AGREEMENT (STREET IMPROVEMENTS) STREET IMPROVEMENTS REIMBURSEMENT SUMMARY OF PAYMENTS Made by Frank J. Burgess Amount paid: Check No. /Date Cruz Cat Tractor Service $2,100.00 6811 - 8/18/06 Cruz Cat Tractor Service $4,500.00 6865 - 10/12/06 Cruz Cat Tractor Service $2,630.00 6986 - 2/27/07 Casey's Concrete S43,954.68 6866 - 10/12/06 Garrett Concrete Coring& Sawing $490.00 6933 - 12/22/06 Roger's Grading, Excavation $10,000.00 6936 - 12/27/06 Sladden Engineering $268.00 6958 - 1/15/07 Sladden Engineering $268.00 7015 - 3/28/07 D&L Wheeler Enterprises $11,468.99 6973 - 2/10/07 D&L.Wheeler Enterprises S15,381.01 6974 - 2/10/07 Superior Ready Mix Concrete $6,063.12 6985 - 2/27/07 Tops N Barricades $259.70 Bank of Arn.-Statement January 2007 Desert Water Agency $276.23 6840 - 9/13/06 Desert Water Agency $243.14 6977 - 2/10/07 -----------------------------___..__--------------------__ _____--------------------------------- Total Construction: $97,902.87 Note- The back-up documents (copies of invoices and checks - 66 pages) are available for review at the Public Works and Engineering Department. 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