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Home My WebLink About10/2/2013 - STAFF REPORTS - 1.B.SIgELSbN SErrr(2 RFFOM" --V �srd.omtaw��.rcb..rso...C�—amTdw nor UV Kai,* ZONE M 1 sNnOsr)21AL e � Pot A l 164 fl N ciWG'S Page 1 of 1 Copyright O 2006 All flights Reserved. The irtormalion contained herein is the proprietary property of the contributor supplied under Lcense and may not be approved except as licensed by Digdal Map Products. `N http://maps.digitalmapcentral.com/production/citygis/v07_O3_001/index.p7.aspx 9/30/2013 City Council Staff Report Date: October 2, 2013 PUBLIC HEARING Subject: AMENDMENT NO. 1 TO SEWER CONSTRUCTION REFUND AGREEMENT NO. A3283 FOR A 20-YEAR EXTENSION WITH MICHAEL SIRELSON From: David H. Ready, City Manager Initiated by: Public Works and Engineering 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 property. The Sewer Agreement No. 3283 between the City of Palm Springs (the City) and Michael Sirelson (the Developer) was approved by the City Council on October 6, 1993 and shall terminate 20 years from that date. The Developer, Mr. Sirelson, requested a 20-year extension of the Agreement. Council approval of the Amendment No. 1 for the extension of the Agreement requires consideration at a noticed Public Hearing. RECOMMENDATION: 1) Open the Public Hearing and receive public testimony; and 2) Approve Amendment No. 1 to Sewer Construction Refund Agreement No. A3283 for a 20-year extension with Michael Sirelson; and 3) Authorize the City Manager to execute all necessary documents; and 4) Direct the City Clerk to record the executed Amendment with the Riverside County Recorder's Office. 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." On April 15, 1981, the City adopted Resolution No. 13773 which has established a policy for sewer refund agreements and contributions for oversize sewer. Q� ITEM NO. City Council Staff Report October 2, 2013 -- Page 2 AMENDMENT NO. 1 TO SEWER CONSTRUCTION REFUND AGREEMENT NO. A3283 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 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. 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, the exemptions are $6,483 for on -site sewer connections, or $10,805 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 a 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. STAFF ANALYSIS: The Sewer Construction Refund Agreement No. 3283 between the City of Palm Springs and Mike Sirelson (Developer) was approved by the City Council on October 6, 1993 and shall terminate 20 years from that date. Section 6. of the Agreement specifies that "City and Developer may extend said agreement at the expiration of the above termination date" A NOTICE OF PUBLIC HEARING for October 2, 2013 was published and letters to property owners were mailed on September 19, 2013. The purpose of the public hearing is to consider a 20 year extension of the Sewer Construction Refund Agreement between the City of Palm Springs, California, and Michael Sirelson, the terms of which provide reimbursement to Michael Sirelson for the costs associated with an off -site public sewer extension in Anza Road, Del Sol Road, and Oasis Road, which benefit adjacent properties. Each orooertv identified as "Paid" below has oaid its assessment in full and will not be assessed anv additional amounts under the or000sed extension. The total cost of the off -site public sewer extension was $82,054.34. The total amount has been reduced by the amounts paid and the remainder of $35.245.80 will only be assessed and collected from those properties that have not previously paid these assessments. The properties subject to the terms of the Agreement and the assessments are: 02 City Council Staff Report October 2, 2013 -- Page 3 AMENDMENT NO 1 TO SEWER CONSTRUCTION REFUND AGREEMENT NO. A3283 Assessor's Parcel No. Reimbursement Amount Site Address (APN) 1 669-442-001 $2,632.84 Paid 3535 N Anza Road 2 669-442-004 $3,248.95 Paid 365 W Radio Road 3 669-443-001 $2,225.62 Paid 3540 N Anza Road 4 669-443-002 $2,225.62 Paid 3560 N Anza Road 5 669-443-003 $2,531.13 353 W Radio Road 6 669-443-005 $2,450.18 Paid 303 W Radio Road 7 669-443-006 $2,225.62 Paid 3191 Del Sol Road 8 669-443-007 $2,225.62 Paid 3585 Del Sol Road 9 669-444-001 $2,508.53 Paid 285 W Radio Road 10 669-444-007 $3,580.60 3521 N Indian Cyn. Dr. 11 669-444-008 $1,772.53 Paid 142 W Oasis Road 12 669-444-011 $1,550.96 Paid 190 W Oasis Road 13 669-444-012 $3,101.92 Paid 200 W Oasis Road 14 669-444-013 $2,080.31 Paid 280 W Oasis Road 15 669-444-014 $3,101.92 180 W Oasis Road 16 669-451-001 $2,225.43 3520 N Anza Road 17 669-451-004 $2,225.43 3581 Del Sol Road 18 669-451-005 $5,733.48 Paid 340 W Oasis Road 19 669-452-001 $1,633.44 3573 N Anza Road 20 669-452-002 $1,633.44 3545 N Anza Road 21 669-452-003 $1,633.44 Paid 3443 N Anza Road 22 669-452-005 $1,364.14 Paid 353 Del Sol Road 23 669-452-006 $1,673.47 345 Del Sol Road 24 669-452-007 $1,673.47 Paid 333 Del Sol Road 25 669-452-008 $1,673.47 Paid 333 Del Sol Road 26 669-452-009 $1,236.77 301 Del Sol Road 27 669-452-012 $1,785.49 255 W Oasis Road 28 669-452-013 $1,533.20 257 W Oasis Road 29 669-452-016 $3,349.47 179 W Oasis Road 30 669-452-048 $1,533.20 245 W Oasis Road 31 669-452-052 $3,111.70 Paid 145 W Oasis Road 32 669-452-053 $3,935.38 3455 N Indian Cyn. Dr. 33 669-452-055 $1,533.20 Paid 3455 N Indian Cyn. Dr. 34 669-452-057 (Combined and Paid with APN 669-452-058) 35 669-452-058 $1,836.93 Paid 3580 Del Sol Road 36 669-452-061 $3,267.43 3452 Del Sol Road Total: FISCAL IMPACT $82,054.34 Approval of the Amendment No. 1 will extend the Sewer Construction Refund Agreement No. 3283 for another 20 years. The 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. Payment of the individual 03 City Council Staff Report October 2, 2013 -- Page 4 AMENDMENT NO. 1 TO SEWER CONSTRUCTION REFUND AGREEMENT NO. A3283 assessment by benefitted property owners is required at the time a permit is applied for connection to the public sewer system. The assessment is not paid, nor is an)( reauirement to Dav the assessment imposed until such time that a request is made for a sewer connection permit. It is possible that no assessments identified in the agreement will ever be paid to the City. 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 extension of the agreement does not impose any obligation on the City to pay in advance, with any of its own funds, the reimbursement amount. Prepared by Savat Khamphou Assistant Director of Public Works Approved by: David H. Ready, City ATTACHMENTS: Recommended by: David J. Barakian Director of Public Works/City Engineer 1. Amendment No. 1 to Sewer Construction Refund Agreement 2. Notice of Public Hearing 3. Sewer Construction Refund Agreement No. A3283 dated October 6, 1993. K 1l AMENDMENT NO. 1 TO SEWER CONSTRUCTION REFUND AGREEMENT NO. 3283 BETWEEN THE CITY OF PALM SPRINGS (THE CITY) AND MICHAEL SIRELSON (THE DEVELOPER) The following Section of the Sewer Construction Refund Agreement No. 3283, approved by the City Council of the City of Palm Springs on October 6, 1993, is hereby amended to read as follows: SECTION 6. This agreement and any rights or obligations hereunder shall be extended 20 years from the date of October 6, 2013. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 3283 remain in full force and effect. IN WITNESS WHEREOF, the City and the Developer have caused this Amendment to be executed the day and year first above written. ATTEST By: City Clerk APPROVED AS TO FORM By: City Attorney Attachments: 1. Notice of Public Hearing 2. Sewer Construction Refund Agreement dated 10/06/1993 DEVELOPER Michael Sirelson CITY OF PALM SPRINGS, a California charter city 0 City Manager 05 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 on October 2, 2013. 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 20 year extension of the Sewer Construction Refund Agreement between the City of Palm Springs, California, and Mike Sirelson, the terms of which provide for the reimbursement to Mike Sirelson for costs associated with an off -site public sewer extension in Anza Road, Del Sol Road, and Oasis Road, which benefit adjacent properties. Each property identified as "Paid" below has raid its assessment in full and will not be assessed anv additional amounts under the or000sed extension. The total cost of off -site public sewer extension was $82,054.34. The total amount has been reduced by the amounts paid and the remainder of $35,245.80 will only be assessed and collected from those properties that have not previously paid these assessments. The properties subject to the terms of the Agreement and the proposed assessments are: Assessor's Reimbursement Site Address Parcel No. Amount 1 669-442-001 $2,632.84 Paid 3535 N Anza Road 2 669-442-004 $3,248.95 Paid 365 W Radio Road 3 669-443-001 $2,225.62 Paid 3540 N Anza Road 4 669-443-002 $2,225.62 Paid 3560 N Anza Road 5 669-443-003 $2,531.13 353 W Radio Road 6 669-443-005 $2,450.18 Paid 303 W Radio Road 7 669-443-006 $2,225.62 Paid 3191 Del Sol Road 8 669-443-007 $2,225.62 Paid 3585 Del Sol Road 9 669-444-001 $2,508.53 Paid 285 W Radio Road 10 669-444-007 $3,580.60 3521 N Indian Cyn. Dr. 11 669-444-008 $1,772.53 Paid 142 W Oasis Road 12 669-444-011 $1,550.96 Paid 190 W Oasis Road 13 669-444-012 $3,101.92 Paid 200 W Oasis Road 14 669-444-013 $2,080.31 Paid 280 W Oasis Road 15 669-444-014 $3,101.92 180 W Oasis Road 16 669-451-001 $2,225.43 3520 N Anza Road 17 669-451-004 $2,225.43 3581 Del Sol Road 18 669-451-005 $5,733.48 Paid 340 W Oasis Road 19 669-452-001 $1,633.44 3573 N Anza Road 20 669-452-002 $1,633.44 3545 N Anza Road 21 669-452-003 $1,633.44 Paid 3443 N Anza Road 22 669-452-005 $1,364.14 Paid 353 Del Sol Road 23 669-452-006 $1,673.47 345 Del Sol Road 24 669-452-007 $1,673.47 Paid 333 Del Sol Road 25 669-452-008 $1,673.47 26 669-452-009 $1,236.77 27 669-452-012 $1,785.49 28 669-452-013 $1,533.20 29 669-452-016 $3,349.47 30 669-452-048 $1,533.20 31 669-452-052 $3,111.70 32 669-452-053 $3,935.38 33 669-452-055 $1,533.20 34 669-452-057 (Combined 35 669-452-058 $1,836.93 36 669-452-061 $3,267.43 Total: $82,054.34 Paid 333 Del Sol Road 301 Del Sol Road 255 W Oasis Road 257 W Oasis Road 179 W Oasis Road 245 W Oasis Road Paid 145 W Oasis Road 3455 N Indian Cyn. Dr. Paid 3455 N Indian Cyn. Dr. and Paid with 669-452-058) Paid 3580 Del Sol Road 3452 Del Sol Road REVIEW OF INFORMATION: The staff report and other supporting documents regarding this 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: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project 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 David J. Barakian, Director of Public Works, at (760) 323- 8253. Pursuant to California Government Code Section 66016 and 66018, this Notice shall be published twice, at least ten days prior to the public hearing. Si necesita ayuda con esta carta, por favor (lame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253 x 8742. mes Thompson, City Clerk 07 PLEASE COMPLETE THIS INFORMATION RECORDING REOUESTED BY: DOC # 2008-0122977 03/13/2008 08:00A Fee:NC Page 3 of 7 Retarded in Official Records County of Riverside Larry W. Uard Assessor, County Clark & Recorder AND WHEN RECORRDMAAIL TO. l r ( I 11111111111111111111111 HE1111111111111111 It IN d� F"'A-I DEED,�-�n �}NHS I S R I U Po��.6044-2-7`?y3 �11W'1 c/{v"'Y�„1SI 111• l_""",il M A L J PAGE SIZE DA I MISC LONG RFO COPY A 9 425 PCOR I NCOR - SMF (C1 C,vyM-�� P. CTY UNI a 809 Space above this line for recorders use only �i'LF�t� ' 7t11~ tatty OF (ALM SMW(Cst CAUT" A MD MIKE Sf!'4�:j.So 14 EWER A"-93=A4FWi N Title of Document THIS A�;IrI F111 �VI11bIArII THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 236P-AS4RE0 (Rev 0GP00i� Mike Sirelson Refund Agr Sewer Constr - Anza Rd, Del Sol Rd, oasis Rd - sec 34 AGREEMENT 43283 R18194. 10-b-93 SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA, AND MEN SIREI.SON SEWER AGRffivfENT NO. _3� $ THIS AGRETMENT made and entered into this 6th day of october, 1993, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY, and Mike Sirelson, hereinafter called the DEVELOPER. WHEREAS, the DEVEWP13R is, at the time of this agreement, the owner of Parcel No. 1 (Assess. No. 669-442-001-4) and Parcel No. 32 and 31 (Assess. No. 669-442-004), inclusive of the Wright and Leonard Tract, Map Book 23/83 and Parcel Map No. 16349, Map Book 90/O1, 02, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part; and INIIEREA.S, the CITY has established a policy for sewer refund agreements and contributions for oversize sewer by City Council Resolution No. 13773 dated April 15, 1981, which by reference is hereby made a part of this agreement; and WHEREAS, said sanitary sewers have been dedicated to public use by the DEVELOPER, and have been accepted by the CJTY; and WiDEREAS, the DEVELOPER has submitted a fmancial statement of construction costs for said sewers from: 1. hallmark Engineering, dated February 24, 1992 2. City of Palm Springs, dated October 2, 1990 3. Eagle Bonding and Surety, dated February 11, 1981 4. Trench Shoring, dated June 25, 1981 5. Mission Clay Products, dated May 31, 1981 6. South Ba} Foundry, dated June 24, 1981 7. A & H Concrete Products, Inc., dated May 20, 1981 S. Jerry L. Barton, dated July 8, 1981 9. Matich Corp., dated July 6, 8, &9, 1981 10, Matich Corp., dated October 19, 23, and November 25, 1981 11. C.V. Concrete Products, dated December 14, 1981 12. So. Calif. Testing, dated August 17, 1981 13. Sing & Son Construction, dated January 11, 1982 14, Massey Sand and Rock, dated October 22, 1981 15. Total Labor and Equipment, dated May 20, 1981 thru January 6, 1982 copies of which are attached hereto, and marked "Exhibit B". and made part of this agreement; and WHHRBAS, the DEVELOPER, in accordance with the before mentioned Council resolution has requested that the CITY AND TIM DEVELOPER enter m to a Sewer Refund Agreement to reimburse the DEVELOPER for the cost of off -sits sewer which benefits other properties; and WIDMEAS, the CITY has determined that benefit from the construction of off -site sewer will accrue to properties connecting to the off --site sewer; and a//93 I Nllll 11111111111 lilll lllll lllll llll ll hill llll llll 83 Vf 7 °°p 09 aiA4V WHEREAS, the CITY had determined that said benefit will be in proportion to the frontages and lot square footages of that portion of Section 34, Township 3 South, Range 4 Fast as shown on Assessor's Parcel No. 669-442-001, 669-442-004, 669- 43-001, 669-443-002, 669-443-003, 669-443-005,669-043-006,669-443-007,669-044-001,669-444-007,669-444-008,669-444-014, 669A44-011, 669-444-012, 669444-013, 669-451-001, 669-451-004, 669-451-005, 669-452- 001, 669-452-002, 669-452-003, 669-452-005, 669-452-006, 669-452-007, 669-452-008, 669- 452-009, 669-452-012, 669-452-013, 669452-016, 669-452-048, 669-452-052, 669-452-053, 669-452-055, 669-452-057, 669-452-058, 669-452-061, as shown on Exhibit 'W; WHEREAS, the CITY intends to collect such rrtunds at the time the properties beuefitting are developed and receive permits to connect to the sewer, but the CITY shall have no liability for the failure to culled said refunds. NOW, Tl3EREFORE, THIS AGREEMENT VMWESSSTI3 that for and in consideration of the amtual covenants indicated between the CITY and the DEVELOPER, the parties hereby agree as follows: Section 1, When developers, owners, or lessees of lots shown on Exhibit "A' abutting said sewer seek to develop their property, prior to issuance of a permit for connection to said sewer, MY shall collect from the developer, owner, or lessee those fees established in Section 2, plus any connection fees in effect at such time. Section 2. The Assessment for Parcels is established as follows: B 10.7g Per Front Lot une Footawe The assessment spread is based on one half (1/2) the cost per front lot lice footage and one half (1/2) the cost per square foot. The front lot line footage timber was determined in the following manner. (.'arcel Front Lot Line Footage divided by Total Front Lot Line Footage) X (Total Front Lot Line Footage plus Remainder Lot Line Footage) = Adjusted Parcel Lot Line Footage. ASSESSOR'S ADlusTID Lox PARCEL NO. 11 I LINE FOOTAGE I I 669442-WI * I 126.09 - I 1669-442-004 * I 171.83 I I 1669-443-001 i 91.64 1669-443-002 I 91.64 669-443-003 114.50 I� 669-443-005 114.64 II 669-043 006 91.64 i 669-443-007 I 91.64 1669-444-001 1 114.59 669-444-007 I 177.48 1669-444-008 I 91.64 2 LOT SQUARE COST PER LOT FOOTAGE I 13,504.00 I $2,632.84 14,810.00 I $3,248,95 13,122.00 I $2,225.62 13,122.00 I $2,225.62 13,750.00 I $2,531.13 12,875.00 I $2,450.18 13,122.00 $2,225,62 li 13,122.00 I $2,225.62 13,500.00 I $2,508,53 17,680.00 I $3,580.60 8,320.00 $1,-M.53 {niN{flNif{IfNIIIIIINIIINIIN{IlI�I�f{INIIIfI �2a� -1o 669A44-011 80.19 7,280.00 $1,550.96 669-444-012 160,37 14,560.00 $3,101.92 i 669A44-013 97.44 10,920.00 $2,080.31 669A44-014 160.37 14,560,00 $3,101.92 669-451-001 91.64 13,120.00 $2,225.43 669-451-004 91.64 13,120,00 $2,225.43 669-51-005 318.48 24,394.00 $5,733.48 669-452-001 85.91 7,500.00 $1,633.44 669-452-002 85.91 7,500.00 $1,633.44 669-452-003 85.91 7,500.00 $1,633.44 669-452-M 49.19 8,940.00 $1,364.14 669-452-006 77,90 8,840.00 $1,673.47 669-452-007 77,90 S,840.00 $1,673.47 669-452-009 77.90 8,840.00 $1,673.47 669-452-009 52.17 7,150.00 $1,236.77 669-452-012 98.27 7,700.00 $1,795.49 669-452-013 68,73 8,400.00 $1,533.20 669-452-016 137.46 19,800.00 $3,349.47 669-452-048 68.73 8,400.00 $1,533.20 669-452-052 137.46 17,280.00 $3,111.70 669-452-053 193.57 I 19,602.00 $3,935.38 669-452-055 68.73 8,400.00 $1,533,20 669-452-057 LOT 57 HAS BEEN COMBINED WITH LOT 58 669-452-058 89.88 I 9,204.00 $1,836.93 669-452-061 74.37 26,136.00 $3,267.43 TOTAL: 3907.46 434,813.00 $82,054.34 "Developer's Property The following parcels in Section 34, Township 4 South, Range 4 Bast have been developed and have connected to the said sewer prior to this agnement, The dollar amount collected by the rlaty for the Sewer Main Fee and the, date of pe*mit are also shown. ASSESSOR'S PROPERTY DATE OF SEWER MAIN PARCEL NO. ADDRESS HOOK UP FEE PAID 669-443-005 303 Radio Road 3/12181 $1,648.00 669-442-WI 367 Radio Road 7/14/80 DEVELOPER 669-442-004 367 Radio Road 7114180 DEVELOPER 3 � j /9 I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII aVIV, �'W ii a,fl6 669444-008 142 Oasis Road 3113/84 I $880.00 669-452-052 145 Oasis Road 3/13/84 $1,920.00 669-444-011 190 Oasis Road 2118/85 669-444-012 200 Oasis Road 2118/85 669-452-012 255 Oasis Road ` 1218186 669 444 013 280 Oasis Road 12/28/85 $1,550.00 669-452-009 301 Del Sol Road 3112184 669-452-007 333 Del Sol Road 7131191 $1,088.00 669-451-005 340 Del Sal Road 6126/97 $3,936.40 669-452.006 345 Del Sol Road 6129185 TOTAL $11,022.40 Section 3. At the time of collection of the above fees, CITY shall deposit said funds in segregated accounts, to be paid thereafter, within 30 days, to the DEVELOPER at the address stated in Section 4. Section 4. Any payment made to DEVELOPER shall be made to DEVELOPER by mail at the following location: Mr. Michael Sirelson Telephone No: 619-327-2628 954 West Via Olivera Palm Springs, CA 92262 It shall be the duty of DEVELOPER to keep CITY informed of its current address. Failure to keep the CTTY advised of such current address shall excuse CITY from paying such funds, and in such event CITY shall retain such funds in its Sewer Fund. Section 5. Notwithstanding any provision herein to the contrary, CITY shall have no liability for failure to collect the aforesaid fees, or to pay the same to DEVELOPER. CITY shall not be liable to DEVELOPER for damages for its failure to Witt the leans of this Agreement. In no event shall CITY pay DEVELOPER any monies hereunder except from monies actually collected pursuant to this agreement. Section 6. This agreentent and any rights or obligations hereunder shall terminate twenty (20) years from the date hereof. CITY and DEVELOPER may extend said agreement at the expiration of the above termination date. IN WITNESS'WIIDREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: (NAME) By -5et= KrI gtleft AC"01>.I.Ec6EakEu 1 — ATTEST: BY T ; City Cleric J7,/O/r7-N SaAlle'// Reviewed and Approved M�[WgEL✓"S�REL SoN OP PALM CALIFORNIA ity r ROB PRr PAR K�Ns 4 APPROVED BY THE CllY COUNCIL ((11 rr1I11 N �I�II f IIIIpJ I ByM.No. id'!°y (0—&-`j3 evrs2aa':an 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof On!ill.�/4pag' beforeme, 4bJ24Wr�er IVOttit� Put71i[ Mere Veen and Nc el ,cam O—fi m� personally appeared N a ar oe�a ta/ + IYOa>�fRf7 7 (�orrnWMOt1I 1Ef1fpZ � ►mritiai�•rarottra wommr.eOMM11, Milt K4 Norm Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)dare subscribed to the within instrument and acknowledged to me that he she/they executed the s e in @/her/their authorized capacity(ies), and that byher/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 hand jand official seal. / Signature,�ELI� �� m6i.��k �— OPr1ONAL. Ttmvh the infonnatton below is not required by law, R may prove valuable to persons raying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date, Signer(s) Other Than Named !Above: Capacity(ias) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer — Tule(s): ❑ Partner —❑ Limited U General ❑ Attorney in Fact MEMO ❑ Trustee Top of thumb Hera ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name* ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited CI General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Mormw Top of Ihumb here ®awr NetlorW NolaryA �^^'BHsO �o eOlo Avc, Pn fka 29e2�CtlalalNM.CA H13132Ao2•rM/+:.WlldrelNdarya9 ItMMOOT RNWr.cap TdLRmv1-a1"n8 eW III II Illllll IIIII I{III IIIII �IIII IIIII III IIII� �IIl ill 293 Of 7 13 LARRY W. WARD Recorder COUNTY OF RIVERSIDE P.O. Box 751 ASSESSOR -COUNTY CLERK -RECORDER Rive dc, CA 92502.0751 NOTARY CLARITY Under the provisions of Government Code 27361.7, 1 certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: —JW I1 P) 5E�K &) s- Commission #: 1,50 tY(11 q-2, Place of Execution: V r Date Commission Expires: _1 U.N Date: 3 / $ I o " 1 a7 e . Signature: /', Printed Name: �� 877 a3,o111111111111111111111111111111111111111111111111111 f 14 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION a Date: October 2, 2013 Subject: Sewer Refund Agreement, Amendment No. 1 AFFIDAVIT OF PUBLICATION I, Kathie Hart, 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 September 21, 2013. I declare under penalty of perjury that the foregoing is true and correct. �L\A� Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, 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 and on September 19, 2013. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk 15 The Desert Sun 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578 / Fax 760-778-4731 20 OCT -7 M n3 State Of California Be: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO 60X 2743 PALM SPRINGS CA 922632 2000379022 I am over the age of 18 years old, a citizen of the United Stales and not a party to, or have interest in this matter. I hereby Certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dales, to wit: Newspaper: 9/21/2013 The Desert Sun 9/28/2013 I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. The Desert Sun was adjudicated a newspaper of general circulation on March 24, 1988 by the Superior Court of the County of Riverside, Stale of California Case No 191236. I declare under penalty of perjury that the foregoing is true and coned Executed on this 28th day of September, 2013 in Palm Springs, California DeclaraliCs Signature " l0 l Certificate of Publication No 1745 1 OF PALM SPRINGS N _ E OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Cittyy Councll of the CRY of Palm Springs, CaIlFomia, w01 hold a public hearing at Bs meefing on October 2 2013. The Chy CcislGl mea8rtrgq oegins at 6 9 DD m., in the Cuunal Chamber et Cqry Hae, 3200 Eut Tehquilz Canyon Way, Palm Springs. Assessors Relmhuraenrnt Site Address $1,550.98 Pail 190 W Oasts S3,101,92 Paid 200 W Oass $2,080.31 Paid 280 W Oass 101.92 180 W Oasis Road 2,225.43 3520 N Ana Road 1 225.43 3581 Del Sol Road 5&,733.4a Pad 340 W Oasis V1 633.44 3573 N Ann Road .633.44 3545 N Ann Road 1,633.44 Paid 3443 N Am 1,384.14 PeW 363 Del Sol Road 1,673.47 345 Del Sol Road 1,878.47 Pad 333 Del 50l Road 1,873.47 Paid 333 Def Sol Road 1,236.77 301 Del Sal Road 1,705.49 255 W Oasis Road 1,533.20 257 W Oasis Road 3,349.47 179 W Osss Road 1,533.20 245 W Oass Road $S,111.70 PeW 145 W Oasis 3452 Del Sol Road Total: $52.054.34 James Thompson, City Clack Published: 9f21, 91=3 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a Date: October 2, 2013 Subject: Sewer Refund Agreement, Amendment No. 1 AFFIDAVIT OF MAILING I, Savat Khamphou, Assistant Director of Public Works/Assistant City Engineer, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 19, 2013, in a sealed envelope, mailed certified and return receipt requested with postage prepaid, and dep ing same in 1,0e U.S. Mail at Palm Springs, California. I declar der a It of fury that the foregoing is true and correct. gavat Khamphou, P.C7 Assistant Director of Public Works/ Assistant City Engineer 16 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 on October 2, 2013. 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 20 year extension of the Sewer Construction Refund Agreement between the City of Palm Springs, California, and Mike Sirelson, the terms of which provide for the reimbursement to Mike Sirelson for costs associated with an off -site public sewer extension in Anza Road, Del Sol Road, and Oasis Road, which benefit adjacent properties. Each propertv identified as "Paid" below has paid its assessment in full and will not be assessed anv additional amounts under the proposed extension. The total cost of off -site public sewer extension was $82,054.34. The total amount has been reduced by the amounts paid and the remainder of $35,245.80 will only be assessed and collected from those properties that have not previously paid these assessments. The properties subject to the terms of the Agreement and the proposed assessments are: Assessor's Reimbursement Site Address Parcel No. Amount 1 669-442-001 $2,632.84 Paid 3535 N Anza Road 2 669-442-004 $3,248.95 Paid 365 W Radio Road 3 669-443-001 $2,225.62 Paid 3540 N Anza Road 4 669-443-002 $2,225.62 Paid 3560 N Anza Road 5 669-443-003 $2,531.13 353 W Radio Road 6 669-443-005 $2,450.18 Paid 303 W Radio Road 7 669-443-006 $2,225.62 Paid 3191 Del Sol Road 8 669-443-007 $2,225.62 Paid 3585 Del Sol Road 9 669-444-001 $2,508.53 Paid 285 W Radio Road 10 669-444-007 $3,580.60 3521 N Indian Cyn. Dr. 11 669-444-008 $1,772.53 Paid 142 W Oasis Road 12 669-444-011 $1,550.96 Paid 190 W Oasis Road 13 669-444-012 $3,101.92 Paid 200 W Oasis Road 14 669-444-013 $2,080.31 Paid 280 W Oasis Road 15 669-444-014 $3,101.92 180 W Oasis Road 16 669-451-001 $2,225.43 3520 N Anza Road 17 669-451-004 $2,225.43 3581 Del Sol Road 18 669-451-005 $5,733.48 Paid 340 W Oasis Road 19 669-452-001 $1,633.44 3573 N Anza Road 20 669-452-002 $1,633.44 3545 N Anza Road 21 669-452-003 $1,633.44 Paid 3443 N Anza Road 22 669-452-005 $1,364.14 Paid 353 Del Sol Road 23 669-452-006 $1,673.47 345 Del Sol Road 24 669-452-007 $1,673.47 Paid 333 Del Sol Road 17 25 669-452-008 $1,673.47 Paid 333 Del Sol Road 26 669-452-009 $1,236.77 301 Del Sol Road 27 669-452-012 $1,785.49 255 W Oasis Road 28 669-452-013 $1,533.20 257 W Oasis Road 29 669-452-016 $3,349.47 179 W Oasis Road 30 669-452-048 $1,533.20 245 W Oasis Road 31 669-452-052 $3,111.70 Paid 145 W Oasis Road 32 669-452-053 $3,935.38 3455 N Indian Cyn. Dr. 33 669-452-055 $1,533.20 Paid 3455 N Indian Cyn. Dr. 34 669-452-057 (Combined and Paid with 669-452-058) 35 669-452-058 $1,836.93 Paid 3580 Del Sol Road 36 669-452-061 $3,267.43 3452 Del Sol Road Total: $82,054.34 REVIEW OF INFORMATION: The staff report and other supporting documents regarding this 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: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project 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 David J. Barakian, Director of Public Works, at (760) 323- 8253. Pursuant to California Government Code Section 66016 and 66018, this Notice shall be published twice, at least ten days prior to the public hearing. Si necesita ayuda con esta carta, por favor (lame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253 x 8742. ,�jdmes Thompson, City Clerk rue