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HomeMy WebLinkAbout1/18/2012 - STAFF REPORTS JANUARY 18,2012 TO; PALM SPRING CITY COUNCIL FROM; DONALD AND THERESA OSMAN 2223 MILO DRIVE PALM SPRINGS, CA. 92262 RE; RACQUET CLUB ROAD SEWER CONSTRUTION REFUND AGREEMENT GOOD EVENING, MAYOR POUGNET AND COUNCIL MEMBERS. MY NAME IS THERESA OSMAN, I LIVE AT 2223 MILO DRIVE, PALM SPRINGS CALIFORNIA. WE HAVE LIVED HERE OVER 30 YEARS AND BUILT OUR HOME IN 1982. WE WERE GRANTED AN EXEMPTION ON A CONNECTION TO A CITY SEWER SYSTEM BECAUSE OF THE HARDSHIP AND COSTS TO EACH HOMEOWNER. NOTHING HAS CHANGED. WE STILL LIVE ON A HILLSIDE. OUR FOUNDATIONS ARE STILL ON THE BOULDERS WE BUILT ON. REMOVING THE BOULDERS FROM UNDER THE STREET, WHICH COULD BE AS LARGE AS OR BIGGER THAN A CAR TO PUT IN A SEWER LINE, COULD BE DISASTEROUS TO OUR HOMES. AN EXAMPLE OF THE SIZE A BOULDER CAN BE IS SEEN ON MILO DRIVE, WHERE A HUGE BOULDER WAS LEFT IN PLACE BY THE DEVELOPER. THE STREET WAS BUILT AROUND IT. IF THESE BOULDER ARE REMOVED OR DISTURBED FROM UNDER THE STREET, IT COULD CAUSE OUR HOMES TO SHIFT OR SLIP UNDERMINING OUR FOUNDATIONS, MAYBE NOT TODAY BUT IN THE FUTURE AS WATER FLOW FROM RAIN, SPRINKLERS,AND NATURAL CAUSES,ETC. MOVE UNDERGROUND. WHEN WE HAVE AN EARTQUAKE BECAUSE OF OUR UNIQUE TOPOGRAPHY, WE WILL FEEL THE BOULDERS BENEATH US BUMP AND GRIND. WHEN TUSCANY HEIGHTS WAS UNDER CONSTRUCTION, OUR HOMES SHOKE AND QUIVERED AS IF WE WERE HAVING EARTHQUAKES,FOR DAYS ON END BECAUSE OF THE TONS OF BOULDERS THAT WERE REMOVED FOR THE CONSTRUCTION OF TUSCANY HEIGHTS. THIS IS JUST ONE OF OUR CONCERNS. THERE IS MORE THAN THE COST OF REIMBURSEMENT TO THE SEWER CONSTRUCTION AGREEMENT BETWEEN PALM SPRINGS AND TUSCANY HEIGHTS LLC, SHOULD IT GO THROUGH. EACH HOMEOWNER ON MILO DRIVE IS ASKED TO PAY 11,672.59 FOR THE OFF-SITE EXTENTION IN RAQUET CLUB ROAD. THE HOMEOWNERS AT THE BOTTOM OF THE HILL, LEONARD ROAD, THEIR "FAIR SHARE" IS ONLY 547.04.. HOW CAN THAT BE "FAIR" ARE THE HOMEOWNERS ON THE HIGHER STREETS PAYING MORE FOR SEWAGE "RIGHT OF PASSAGE" THE COST OF THE PIPE FROM STREET TO STREET SHOULD BE ABOUT THE SAME. NOT ESCALATING TO SUCH A HUGE AMOUNT BY THE TIME IT REACHES MILO DRIVE. THE REIMBURSEMENT IS ONLY ONE OF MANY COSTS. THERE WOULD ALSO BE THE COST OF RUNNING THE SEWER LINE FROM RACQUET CLUB ROAD TO EACH HOME. WE LIVE ON THE SOUTH-END OF MILO DR THE FARTHEST AWAY FROM RACQUET CLUB. THE COST IS UNTHINKABLE. THE NEXT COST TO EACH HOMEOWNER WOULD BE THE COST OF HOOKING UP TO THE LINE BY RUNNING ANOTHER PIPE FROM EACH HOME TO THE SEWER LINE ON THEIR STREET. ANOTHER COST WOULD BE OF THE RESTORATION OF THE LANDSCAPES OF EACH HOME AFTER THE PLACMENT OF THE CONNECTION PIPES. TO HAVE THESE COSTS LOOM OVER OUR PROPERTIES FOR FUTURE PAYMENT BY US OR A NEW OWNER- WILL LOWER THE VALUE OF OUR HOMES. THE FINANCAL HARDSHIP EXEMPTION SHOULD APPLY TO US. THIS IS INSULT TO INJURY. WE HAVE LOST OUR VIEW OF THE MOUNTAINS BEHIND US. BECAUSE THE LOTS OF TUSCANY HEIGHTS WERE RAISED TO ABOUT THE HEIGHT OF OUR ROOFS. WHEN THESE HOUSES ARE BUILT THEY WILL BE LOOKING DOWN INTO OUR HOMES INVADING OUR PRIVACY. THIS ALONE HAS DROPPED OUR PROPERTY VALUES. YES, THIS IS INSULT TO INJURY ASKING US TO REIMBURSE FOR SOMETHING WE BELIEVED WE WERE EXEMPT FROM. WE SAY NO TO THE REIMBURSEMENT AND THE FEES OR LEINS PUT ON OUR PROPERTIES. PLEASE RULE IN OUR FAVOR AND VOTE NO TO THE REIMBURSEMENT. THANK YOU FOR YOUR TIME AND CONSIDERATION ON THIS MATTER. YOURS TRULY. THERESA OSMAN RECEIVED Si Mr Mayor, Members of the City Council, Y OF PALM r. 2012 JAN 23 AM 11: 36 My name is Steve Kula and I am a resident who will be impacted by the proposed Racquet Club Road Sewer Construction Refund A Rgr L ight I speak on behalf of the many residents gathered here based on our concerns addressed in the attorneys letter. We believe the Agreement should be revised to clarify when the City or the Developer could collect payment from residents with existing private sewers. 1 The City has previously provided exemptions to the Municipal Code's general requirement that all properties connect to the public sewer system due to the expense and difficulty associated with connecting these hillside locations. As we have all constructed private systems that are in good working order we have no need to connect to the Racquet Club Road line extension. Thus, we request the Agreement be revised to more clearly reflect the City's representations and exemptions contained in the Municipal Code. The Agreement should specify that residents with lots greater than 500 ft from the extension and those with adequate septic systems are under no obligation to connect. The Agreement should also be revised to clarify that residents do not "directly benefit" from the extension until they connect and are thus are not required to pay any assessment until a permit is issued. In 1984 the City adopted a resolution that provides a hardship exemption for connection to the public sewer. Resolution 20650 upheld this exemption and allowed the City to adjust the amounts for inflation. For 2012 excessive cost is considered to be —$6500 for on-site and —$11000 for off-site connections. As acknowledged in the proposed Agreement additional lines would need to be constructed on Leonard, Palmero, Vista, Janis, and Milo Drives. The cost of these extensions if borne by the residents, plus the assessment will certainly exceed the off-site hardship amount. We also believe the on-site connection costs would exceed the hardship exemption due to the rocky and hilly terrain. Thus, we request the City confirm permits would be issued for replacement of failing septic systems because the cost of construction and connection to the public sewer would far exceed hardship limits. I RECE14ED Mr Mayor, Members of the City Council, -'` P h 1 M `,_` 2012 JAN 23 AM 11, 36 My name is Steve Kula and I am a resident who will be impacted by the ._ , proposed Racquet Club Road Sewer Construction Refund Ag�'�R4446ight I speak on behalf of the many residents gathered here based on our concerns addressed in the attorneys letter. We believe the Agreement should be revised to clarify when the City or the Developer could collect payment from residents with existing private sewers. The City has previously provided exemptions to the Municipal Code's general requirement that all properties connect to the public sewer system due to the expense and difficulty associated with connecting these hillside locations. As we have all constructed private systems that are in good working order we have no need to connect to the Racquet Club Road line extension. Thus, we request the Agreement be revised to more clearly reflect the City's representations and exemptions contained in the Municipal Code. The Agreement should specify that residents with lots greater than 500 ft from the extension and those with adequate septic systems are under no obligation to connect. The Agreement should also be revised to clarify that residents do not "directly benefit" from the extension until they connect and are thus are not required to pay any assessment until a permit is issued. In 1984 the City adopted a resolution that provides a hardship exemption for connection to the public sewer. Resolution 20650 upheld this exemption and allowed the City to adjust the amounts for inflation. For 2012 excessive cost is considered to be —$6500 for on-site and —$11000 for off-site connections. As acknowledged in the proposed Agreement additional lines would need to be constructed on Leonard, Palmero, Vista, Janis, and Milo Drives. The cost of these extensions if borne by the residents, plus the assessment will certainly exceed the off-site hardship amount. We also believe the on-site connection costs would exceed the hardship exemption due to the rocky and hilly terrain. Thus, we request the City confirm permits would be issued for replacement of failing septic systems because the cost of construction and connection to the public sewer would far exceed hardship limits. 1 As we are not presently able to benefit from the extension we also request the City to revise the Agreement to make clear that a lien cannot be recorded against our properties unless and until we actually connect. Finally, we are concerned about the impact construction of sewer lines on these streets would have on our properties due to disruption of boulders under the existing roadways. We request the City require any company constructing new sewer lines carry adequate insurance to cover impact to our properties. j i In conclusion, we believe that with the revisions requested, the Agreement would clarify the intentions of the City and the concerns of the many residents here tonight would be alleviated. Thank you for your time and consideration in this matter. i I i i As we are not presently able to benefit from the extension we also request the City to revise the Agreement to make clear that a lien cannot be recorded against our properties unless and until we actually connect. Finally, we are concerned about the impact construction of sewer lines on these streets would have on our properties due to disruption of boulders under the existing roadways. We request the City require any company constructing new sewer lines carry adequate insurance to cover impact to our properties. In conclusion, we believe that with the revisions requested, the Agreement would clarify the intentions of the City and the concerns of the many residents here tonight would be alleviated. Thank you for your time and consideration in this matter. RECEIVED 'i ?1 LM � January 17, 2012 2012 JAN 18 AM 8 47 Robert C. Gould JAKE51HOh" -��Jil 2350 N. Milo Dr. CITY CLERK Palm Springs, CA 92262 Mayor Steve Pougnet and Councilmembers c/o James Thompson, City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Palm Springs, CA 92262 RE: Proposed Sewer Construction Refund Agreement with Tuscany Heights LLC Dear Mayor and Councilmembers, I am writing to urge you to reject the proposed Sewer Construction Refund Agreement between the City of Palm Springs and Tuscany Heights LLC that is up for your review. I believe this agreement is grossly unfair to the residents who are being assessed and I ask that you look at this issue from the standpoint of the affected residents. My reasons are as follows: 1. This agreement does NOT pay for lateral sewer lines into our neigborhood and in fact there are No future plans to install such laterals. As such, this is an assessment which provides NO benefit to the residents, only costs. 2 . The lateral lines would be extremely costly to install due the the large boulders in the area, and the potential physical damage to our houses is huge should such a project be attempted. It is likely sewers will never be installed. 3 . This assessment, if recorded against our property, will negatively affect our property values instantly and will make it harder or more expensive to sell our properties. 4. The developer has provided no proof of expenses in calculating his costs nor has he been asked to contribute by including his 15 parcels in the overall division of costs. 5. The calculation of costs is unfair to the residents who are at the westernmost streets, Milo and Janis, and the costs should have been divided equally among all parcels. Milo has already been hit especially hard by this development, as views have been permanently blocked and property values diminished. Sincerely, Robert Gould �c�di�io'ngt mPI�QYiq� RECPi`� E CHATTEN-BROWN& CARSTENS 2601 OCEAN PARK BOULEVARD 2012 JAN I SUITE 205A : TELEPHONE:(310)314-8040 SANTA MONICA,CALIFORNIA 90405 i 'ES ' �A1AR�uW COM FACSIMILE: (310)314-8050 C1l y CL www.cbcearthlaw.com January 17, 2012 Via Hand Delivery Honorable City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Racquet Club Road Sewer Construction Refund Agreement Honorable Council Members: On behalf of many residents that would be impacted by the proposed Racquet Club Road Sewer Construction Refund Agreement' ("Impacted Residents"), we request that the City revise the proposed Racquet Club Road Sewer Construction Refund Agreement ("Sewer Agreement"). The purpose of the Sewer Agreement is to establish a means by which the Tuscany Heights developer could be reimbursed by benefitting residents for extending the City's sewer main in Racquet Club Road from its previous terminus just east of Leonard Road west to the Tuscany Heights development. The City has determined that there are 70 properties located on Leonard Drive, Palermo Drive, Via Olivera, Vista Drive, Janis Drive, and Milo Drive that could receive a future benefit by connecting to the extended Racquet Club Road sewer line. The Impacted Residents are among these 70 property owners. The Sewer Agreement sets forth the proportional assessment determined for each of these properties by the City. We appreciate the additional information and explanations provided in the staff report that were not made entirely clear in the August 29, 2011 and November 21, 2011 letters to Impacted Residents regarding the Sewer Agreement. However, we believe the Sewer Agreement itself should be revised to include additional clarity regarding when the City or the developer could collect payment for an assessment from residents with existing private sewers. The portion of the Sewer Agreement we request be revised currently states: Developers, owners, or lessees of lots ...directly benefitting from the off- site sewer extension on Racquet Club Road shall pay to the City the amount shown herein, plus the sewer connection fee in effect at such time prior to a permit being issued for connection to the public sewer system via the off- I A list of the residents is attached to this letter. Palm Springs City Council January 17, 2011 Page 2 of 5 site sewer extension in Racquet Club Road....Payment of assessments for parcels not abutting the off-site sewer on Racquet Club Road require future sewer line extensions on Leonard Drive, Palermo Drive, Vista Drive, Janis Drive, and Milo Drive. The Sewer Agreement needs to clearly set forth when and if Impacted Residents would be required to connect to the Racquet Club Road sewer line extension and also make clear the Impacted Residents would not be required to pay the assessment unless and until they connect to the extension. I. Impacted Residents with Private Sewer Systems Are Not Required to Connect to Sewer Line or Pay Assessment. The City has previously provided exemptions to all of the Impacted Residents from the Municipal Code's general requirement that all properties connect to the public sewer system. This exemption was provided due to the expense and difficulty associated with connecting these hillside properties to existing sewer lines. All of the Impacted Residents have constructed (at their own expense) private sewage disposal systems that are in working order. The Impacted Residents have no desire or need to connect to the Racquet Club Road sewer line extension. The City's Municipal Code sets forth that existing buildings that were previously exempted from connection to the public sewers and that have private sewer systems, such as the Impacted Residents, are only required to connect to the public sewer system if a public sewer is available within 500 feet of the property and the private sewer system fails or needs to be expanded or reconstructed. (Palm Springs Municipal Code § 15.14.020(b)(4).) Based on representations made in the staff report and in discussions with City staff members, we understand that it is not the City's intent to require the Impacted Residents to connect to the Racquet Club Road sewer line without their consent or to require the Impacted Residents to pay the assessment until such time they actually connect to the Racquet Club Road sewer line. We request the Sewer Agreement be revised to more clearly reflect the City's representations and the exemptions contained within the City's Municipal Code. The Sewer Agreement should specify that Impacted Residents with lots that are more than 500 feet from the Racquet Club Road sewer line and those Impacted Residents with adequate private sewer systems are under no obligation to connect to the Racquet Club Road sewer line. The Sewer Agreement should also be revised to clarify that only those residents that actually connect to the Racquet Club Road sewer line are considered to be "directly benefitting from the off-site sewer extension" and unless they obtain a permit to connect to the sewer line,they would not be required to pay the assessment set forth in Palm Springs City Council January 17, 2011 Page 3 of 5 the Sewer Agreement. Additionally, Impacted Residents are concerned that the Tuscany Heights developer may make claims that our private sewer systems are failing in order to increase the likelihood the assessments set forth in the Sewer Agreement would need to be paid. We believe it would be unduly burdensome to require Impacted Residents to defend against unsubstantiated claims that their existing private sewer systems are failing. Thus, we request the City require anyone claiming a private sewer system has failed, necessitating connection to the sewer, to provide substantial evidence in support of that claim before it will be considered by the City. II. Impacted Residents Would Not Be Required to Pay Excessive Costs to Connect to Sewer Line. On August 15, 1984, the City adopted Resolution No. 15188, which provides a hardship exemption for connection to the public sewer system if the on or off-site cost to connect would be excessive. Resolution No. 20650, adopted July 2.2003, upheld the hardship exemption for connection to the public sewer and allowed the City to annually adjust the amount considered to be an excessive cost based on the Engineering News Record Construction Cost Index. For 2012, an excessive cost would be $6,483 or more for on-site sewer connections or$10,805 or more for off-site sewer connections. It should be noted that the assessment set forth in Sewer Agreement for lots on Milo Drive is $11,672.59, which exceeds the off-site sewer connection limit. Additionally, the assessments set forth in the Sewer Agreement are not the only costs that would be required for off-site sewer connections to the Impacted Residents. As acknowledged by the Sewer Agreement, additional sewer line extensions would need to be constructed on Leonard Drive, Palermo Drive, Vista Drive, Janis Drive, and Milo Drive. The cost of these additional sewer line extensions plus the assessments set forth in the Sewer Agreement would almost certainly exceed the excessive off-site sewer connection cost limit for the majority of the Impacted Residents. Further, due to the hilly and rocky terrain, Impacted Residents believe the cost of on-site sewer connections would also exceed the excessive on-site sewer connection cost limit. The Sewer Agreement should make clear that Impacted Residents would not be required to connect to the Racquet Club Road sewer line extension or pay the assessment if the on or off-site connection costs would be excessive. The Sewer Agreement should also explain that the additional sewer line extensions on Leonard Drive, Palermo Drive, Vista Drive, Janis Drive, and Milo Drive would not be constructed unless all residents on these streets agree to contribute to the extensions. Palm Springs City Council January 17, 2011 Page 4 of 5 III. Reissuance of Permits for Private Septic Systems. Impacted Residents request confirmation that the City would reissue permits for replacement of failing private septic systems when costs associated with connection to the Racquet Club Road sewer line would exceed the on or off-site sewer connection limit, or if the property is located more than 500 feet from the sewer line. IV. City Should Not Record Lien Against Residents Until Their Properties Are Connected to the Racquet Club Road Sewer Line. It would be inequitable to burden Impacted Residents property with a lien for repayment of the assessment before they are actually benefitted by the Racquet Club Road sewer line extension. Thus, Impacted Residents request that the City revise the Sewer Agreement to make clear the City cannot record a lien against the Impacted Residents' properties for the amount of the assessments unless and until the Impacted Residents actually connect to the Racquet Club Road sewer line. V. Inclusion of Lots on Tuscany Heights Drive in Assessment Impacted Residents understand the assessments included in the Sewer Agreement are based on the total cost of constructing the Racquet Club Road divided proportionally among the property owners that could benefit from connecting to the sewer. However, it is unclear to the Impacted Residents why the property owner for the Tuscany Heights development or any other owners of lots located on Tuscany Heights Drive are not required to contribute to the total cost of the sewer line extension. It is our understanding the Tuscany Heights developer still owns all of these lots and thus would not need to seek reimbursement from himself for the costs of the sewer line extension. Nevertheless, we believe the only equitable way to determine the assessment for other property owners that would be served by the sewer extension is to determine the proportional benefit for the lots on Tuscany Heights Drive and then subtract that amount from the total cost of the construction before determining the assessment for the remaining 70 property owners. As Tuscany Heights Drive is located further from the previous sewer line than any of the other lots and the City has determined the assessment amounts should increase as the distance between the previously existing sewer line and the lots increases, the proportional benefit for the lots on Tuscany Heights Drive should be larger than for Milo Drive. VI.Insurance for Construction of Future Sewer Lines. Palm Springs City Council January 17, 2011 Page 5 of 5 As set forth above, additional sewer lines will need to be constructed before any of the Impacted Residents could connect to the Racquet Club Road sewer line. Impacted Residents are concerned about the impacts the construction of these additional sewer lines could have on their properties, in particular the impacts that could result due to the disruption of large boulders under the existing roadways. We request that the City require any company constructing the additional sewer lines to carry adequate insurance to cover impacts to the surrounding properties. Conclusion We believe that with the revisions we have requested above, the Sewer Agreement would clarify the intentions of the City and the concerns of the many residents impacted by this agreement would be alleviated. Thank you for your time and consideration in this matter. Sincerely, Amy Minteer Attorney at Law Enclosure: List of Impacted Residents Sheetl 504-181-014 Leo G and Mary Anne Egan 820 W. Via Olivera 504-181-003 Anthony B and Denise L Hoetker 2368 Palermo Drive 504-172-008 Bob Hamilton 2391 Palermo Drive 504-172-010 Peter MacFarlane 2495 Palermo Drive 504-173-002 Richard F.Albright 2270 Vista Drive 504-172-001 D. Atkins and M. Sheard 2494 Vista Drive 504-172-002 Jim and Ramona Case 2424 Vista Drive 504-171-011 William D. Nicholson 2211 Vista Drive 504-171-013 Alan Triger 2255 Vista Drive 504-171-014 Brian and Mary Brook 2275 Vista Drive 504-171-018 Samuel Haszelbart and Carl Hoehn 2395 Vista Drive 504-171-019 Steven Niethamer Trust 2425 Vista Drive 504-171-020 Larry and Connie Bramoweth 911 W Racquet Club 504-171-002 Timothy and Dorothy Sailor 2444 Janis Drive 504-171-003 Steve Kula and Brian Sharpe 2390 Janis Drive 504-171-004 Christina E. Minervini 2360 Janis Drive 504-171-006 Bryan Feld 2300 Janis Drive 504-171-007 Kathryn E. Hanley 2280 Janis Drive 504-171-008 George and Connie Quidde 2260 Janis Drive 504-171-009 Robert Van Ancum 2222 Janis Drive 504-171-010 Jean Jacques Bouche and Robert Fabian 2200 Janis Drive 504-162-011 Gary and Nicola J. McLaughlin 2221 Janis Drive 504-162-012 Raymond L. and Carol Bertoia 2233 Janis Drive 504-162-013 Gary Gustat 2267 Janis Drive 504-162-014 Claude H Smithern 2285 Janis Drive 504-162-015 Jim Fundin 2213 Janis Drive 504-162-016 Jim Hayes 2323 Janis Drive 504-162-017 Joel H and Mary Cinda Thayer 2363 Janis Drive 504-162-018 Joe H and Debbie S Burton 2405 Janis Drive 504-162-019 William W Musser, John W O'Keefe, Daniel T Gark 2445 Janis Drive 504-162-002 Arleen D and Roger D Duchowny 2460 Milo Drive 504-162-003 Dent Hand 2400 Milo Drive 504-162-006 Lalith D and Jacqueline Chandrasena 2304 Milo Drive 504-162-005 Robert C. Gould 2350 Milo Drive 504-161-003 Theresa Q. and Donald F. Osman 2223 Milo Drive 504-161-005 James E. Cook and James E. Barry 2255 Milo Drive 504-161-006 Mike Arcaro 2277 Milo Drive 504-161-007 Bradley Phillips 2303 Milo Drive Page 1 Page 1 of 1 Jay Thompson From: REELBLU@aol.com r F'"L M S . Sent: Thursday,January 12,2012 2:06 PM 2012 JAN 12 PH 3: 41 To: Jay Thompson rr ����� Cc: Steve Pougnet;Ginny Foat; Rick Hutcheson; Paul Lewin;Chris Mills; Dave Barakian; (31e`dr gf r, t'Nvil Ready;jadamsrancho@gmail.com; reelblu@aol.com c l I Y Subject: Objection to Racquet Club Road Proposed Sewer Construction Refund Agreement This email is being sent as a record of our objection to the passage of the proposed Racquet Club Road Sewer Construction Refund Agreement,as written,scheduled to be addressed by the City Council session on January 18,2012. Due to prior commitments,we are unable to attend the session in person. We wish to point out to the Mayor and City Council members,that additional investigation,and information is needed in order for the Mayor and Council to make a fair and equitable decision.To our knowledge, not once has any city official visited the area to speak to the residents,or view the topography,or learn of the unique factors concerning the logistics of connecting to a sewer line. In a letter dated Nov.21,2011, Mr. Barakian advised that a total of 70 properties are affected,but in truth there are only possibly 9 properties that would be required to connect should their existing septic system fail, based upon the Municipal Code Chapters 15.14.010,& 15.14.020, as these are the only properties which sit within 500 feet of the nearest available sewer.Should an existing septic system fail on a property beyond the 500 foot limitation,that property owner has the option to install a new septic system,and would not be required to connect to a sewer line, until such time as laterals were installed on all streets. In July 2011,thinking that our septic system had failed,we approached the City to apply for a permit to connect to the new sewer line installed on Racquet Club Road. It was at this time that we were advised of this proposed agreement,which had not yet been approved by City Council,and was told we were to pay$ 11,672.59 as our fair share to Tuscany Heights LLC., in addition to the$3,123.11 for the City of Palm Springs Building permit. Further,these charges did not include the cost of the private company to do the actual excavation and installation of the necessary hook-up piping, nor did it include the additional cost to have a landscaper return the landscaping to its prior condition. Gathering estimates from 2 local companies that specialized in sewer connections,we were told that due to the hillside topography,and the non-existence of laterals in the frontage street,the charge would be between$18420,000.for labor and materials and code requirements.This$20,000 is in addition to the proposed refund,and the charge to the City for a permit.The companies who provided the installation estimates also advised,that had the city installed laterals,the connection charge for them would be $2200-$2500. in total.After carefully reviewing our options,we decided to have the company dig up our septic system to determine if indeed a failure had occurred, and fortunately, it had not. With today's ongoing depressed national economy, coupled with our depressed local housing market,and high rate of unemployment throughout Riverside county,it is unfathomable to understand how at this time this proposal can or should be approved. How can City Council justify this additional burden to be placed upon the homeowners,forcing them to pay for something that was not required by them but by a developer whose folly,known as Tuscany Heights, has done nothing to enhance the neighborhood, but rather create a devalued worth of certain properties, by removing and obstructing views from certain properties,abandoning the project with only 3 homes completed,and only 1 sold,and creating nothing more then an un policed area for drug addicts and prostitutes to conduct business. Having lived through the 2 years it took for the developer to excavate and grade the project and deal with the unending and unnerving endless flow of trucks barreling up and down Racquet Club Road removing boulders and causing untold damage to hillside erosion and to existing structures,to have this approved is adding insult to injury. At this time,we implore the City Council to re-consider this proposal,and either disapprove,table,or continue investigation of this agenda.To approve such a proposal and have it be recorded as a disclosure to any future home buyer,will certainly be a detriment and deterrent to any home seller and/or buyer. Should any council member wish to do a site visit,or schedule a meeting on site to discuss this further,we would be available at any time. Thank you for your consideration to the above. John Piro Richard Barbaro property address:2498 No. Milo Drive Palm Springs,Ca.92262 tele.#760-831-6272 1/12/2012 ���PplMsp4 iy c V N oS + vOrounv` A c4`rF°RN'P City Council Staff Report Date: January 18, 2012 PUBLIC HEARING Subject: RACQUET CLUB ROAD SEWER CONSTRUCTION REFUND AGREEMENT 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. Council approval of the reimbursement agreement requires consideration at a noticed Public Hearing. RECOMMENDATION: 1) Open the Public Hearing and receive public testimony; and 2) Close the Public Hearing, and consider approval of Agreement No. , a Sewer Construction Refund Agreement with Tuscany Heights, LLC, a California limited liability company; and 3) Direct the City Clerk to record the Sewer Construction Refund Agreement with the Riverside County Recorder. STAFF ANALYSIS: History On August 6, 1980, the City adopted Resolution No. 13487, a Resolution "establishing a policy for reimbursement of costs for installation of all types of off-site improvements." As cited in the Resolution, the City identified certain facts: ITEM NO. City Council Staff Report January 18, 2012 - Page 2 Racquet Club Road Sewer Construction Refund Agreement • There is a need for additional off-site improvements beyond the boundaries of a particular building site in many instances; • The City in many instances for the public good installs off-site improvements across the frontage of vacant lands which are properly the financial responsibility of those vacant lands. As a result, the City declared the following policy relative to reimbursement of costs for installation of all types of off-site improvements: • A reimbursement agreement may be authorized in order to collect for the cost of installation of off-site improvements when installed beyond the boundaries of a project site by a private developer; • Notice of intention to enter into such agreement shall be given to the owner of each parcel of property to be charged with the cost of such improvements, and each such owner shall be given an opportunity to be heard as to: 1) The necessity of installation of such improvements prior to such owner's development of his property; 2) The necessity for such installation by any party other than such owner; 3) The reasonableness of the costs of such improvements; and 4) Any other matters reasonably related to such reimbursement agreement and its effect upon such owner's property. • The reimbursement agreement shall include a sufficient legal description of each parcel of real property to be charged with such costs, and shall be recorded in the Office of the County Recorder of Riverside County. On October 15, 1986, the City adopted Resolution No. 16031, and reaffirmed its policy for reimbursement of costs associated with off-site improvements, clarifying the scope of improvements to be considered for reimbursement and the procedure for establishing a reimbursement agreement. In 1984, the City was completing extension of public sewers through most of the City. Extension of sewers to all properties was a condition of state grant funds received in 1976 for expansion of the City's wastewater treatment plant. Assessment Districts were established to facilitate payment to the City for its cost to extend public sewers to all City properties. At that time, Assessment Districts No. 143 and 148 were formed for properties located on Leonard Drive, Palermo Drive, Vista Drive, Janis Drive, and Milo Drive. However, many owners petitioned the City to exempt the area from the mandatory requirement to connect to the sewer system given the higher construction cost for sewers in hillside areas. On August 15, 1984, the City adopted Resolution No. 15188 which allowed for exemptions to the mandatory requirement to connect to the public sewer, if the costs associated with the on-site sewer connection exceeded $3,000; or, if the costs associated with the off-site sewer extension exceeded $5,000. On July 2, 2003, the City adopted Resolution No. 20650 which adjusted the prior exemptions to $4,776 for on-site sewer connections, or $7,960 for off-site sewer extensions, with annual adjustments in accordance with the Engineering News Record Construction Cost Index. 02 City Council Staff Report January 18, 2012 - Page 3 Racquet Club Road Sewer Construction Refund Agreement 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 new construction, or if the existing on-site septic tank system fails or requires expansion. However, mandatory connections are exempted if the public sewer is more than 500 feet away, or if the costs for on-site connection or off-site extension exceed the amounts previously identified. As a result, the residential area commonly referred to as "Little Tuscany", located west of Via Monte Vista and south of Racquet Club Road, does not have public sewers and the existing homes operate with individual on-site private septic tanks. The Little Tuscany area is shown here: On May 1, 2002, the City approved Tentative Tract Map ("TTM") 28495, a subdivision of 15 single family homes located at the west end of Racquet Club Road, immediately west of Milo Drive. The City's Municipal Code Chapter 9.06.030 requires that all new subdivisions be connected to the public sewer system. Therefore, as part of the City's conditional approval of TTM 28495, the City required the developer to extend a public sewer main in Racquet Club Road from just east of Leonard Road to the subdivision. This required an off-site sewer line extension benefitting other properties located south of Racquet Club Road between Leonard Road and Milo Drive. 03 City Council Staff Report January 18, 2012- Page 4 Racquet Club Road Sewer Construction Refund Agreement Accordingly, the City included a condition of approval as part of TTM 28495, which states: Developer shall construct an 8 inch sewer main within Racquet Club Road West, extending to the west boundary of the property, in accordance with the Master Plan of Sewers, connecting from the existing sewer system at the manhole located 238 feet west of the street centerline intersection of Girasol Avenue and Racquet Club Road West. Developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of construction costs for the sewer main extension, not including the project frontage, as properties connect to the extended sewer main in the future. Developer should contact the City Engineer for details relating to a sewer reimbursement agreement. Subsequently, the developer installed the off-site sewer line extension in Racquet Club Road as required by the City. The sewer has been completed and accepted by the City Engineer as part of the City's public sewer system. Sewer Construction Refund Agreement On June 15, 2005, the developer submitted a formal request to the City for a reimbursement agreement for the off-site sewer line extension in Racquet Club Road. The City responded by letter dated August 1, 2005, requesting a full accounting of the reported costs of the off-site sewer line extension. On April 15, 2008, the developer submitted a full accounting of their costs for the off-site sewer line extension, requesting reimbursement of $578,184.68. Between 2008 and 2011, City staff reviewed the developer's accounting of costs, copies of invoices and agreements, and other related documents to determine the costs directly related to the off-site sewer line extension in Racquet Club Road, excluding any costs directly associated with the sewer line extension across the subdivision's frontage, any on-site sewer construction, or other development costs. The City and developer have reached agreement on the final itemized accounting of costs of$465,879.83 for construction of 1,630 linear feet of off-site sewer line extension, for which the developer is otherwise due reimbursement from benefitting properties. Benefit Area Spread of Cost The City has identified 70 properties located on Leonard Drive, Palermo Drive, Via Olivera, Vista Drive, Janis Drive, and Milo Drive that will receive future benefit of the sewer line extension in Racquet Club Road. Until such time as future sewer lines are extended from Racquet Club Road within these streets, these properties will not receive the benefit of the off-site sewer line extension in Racquet Club Road. However, at that time, the individual assessment for the off-site sewer line extension in Racquet Club Road to be charged to the benefitted properties would be collected with other applicable 0 4 City Council Staff Report January 18, 2012- Page 5 Racquet Club Road Sewer Construction Refund Agreement building permit fees with issuance of a building permit to connect to the public sewer system. There are also four properties located adjacent to Racquet Club Road that benefit from the adjacent sewer line extension; two of these properties have connected to the sewer and paid their assessment to the developer. The benefit area is defined as: L,-W 70 properties RACQUET CLUB ROAD "M ""` "°g" LINE i � 14PP 0 8. /� . 15 , ,5 l'J - SG 15_t14 , DO l�s J�J \ 1S n I L. 9"t�i O Ilo ,6 R,QS f 14,_ zj • `�f�i v as 0 _—_ ------�. � =i ` 173 -� 7 i a ' ,zi ,z u 4a I Puz0 —LIVORNO--� 1L V ,0 11 'n : fl 4G T5 P5 al _ PILS. ID BOUNDARY MAP Typically, an off-site sewer line extension in one street is equitably spread to each property on that street based on the linear footage of the sewer line extension. The off- site sewer line extension in Racquet Club Road extended 1,630 linear feet and cost $465,879.83 which is equivalent to $285.82 per linear foot. However, in this case, most of the properties do not have direct frontage on Racquet Club Road, and will only benefit from the off-site sewer line extension in Racquet Club Road when future sewer lines are extended in each street. Alternatively, although it would be simple to divide the total cost of $465,879.83 by the total number of benefitted properties (70), resulting in an "equitable" share of about $6,655 per parcel — this calculation is inequitable to properties located closer to the original end of the Racquet Club Road sewer (near Leonard Road). For example, a property owner on Leonard Road would only have had to extend the Racquet Club Road sewer main a total of 134 feet to facilitate a sewer line extension in 05 Leonard Road, at a cost of $38,299.88 (using the sewer line extension cost of $285.82 City Council Staff Report January 18, 2012- Page 6 Racquet Club Road Sewer Construction Refund Agreement per linear foot). Although there are 7 properties on Leonard Road (and 1 on Racquet Club Road) that would have benefitted from the sewer line extension to Leonard Road (in this example), this extension also benefits the other 62 properties located west of Leonard Road, all of whom would be responsible for a share of the cost of this incremental extension to Leonard Road. Ultimately, the cost of the incremental extension to Leonard Road is equitably shared by all 70 properties that would benefit from the off-site sewer line extension, equating to a fair share cost of $547.14 ($38,299.88 divided by 70) — a much lower fair share cost than the simplified equity calculation of$6,655. Therefore, we have identified separate sub-areas of benefit to more equitably spread the costs. Each sub-area is defined by the individual segment of off-site sewer line extension, its associated cost (based on the overall unit cost of$285.82 per linear foot), and the total number of benefitted parcels, as follows: Street Segment (Extension) Length Cost # of Cost per (Ft) Benefitted Parcel Parcels Old end to Leonard Road 134 $38,299.88 70 $547.14 Leonard Road to Palermo Drive 465 $132,906.30 62 $2,143.65 Palermo Drive to Vista Drive 371 $106,039.22 53 $2,000.74 Vista Drive to Janis Drive 343 $98,036.26 40 $2,450.91 Janis Drive to Milo Drive 317 $90,604.94 20 $4,530.25 Rounding Adjustment n/a ($6.77) 70 ($0.10) Total = 1,630 $465,879.83 Accordingly, individual parcels located on each street have a different cost per parcel, with total costs for each sub-area being the cumulative total of those sub-areas located east of it. Sub-Area 1 (Leonard Road): $547.14 - $0.10 = $547.04 Sub-Area 2 (Palermo Drive): $547.14 + $2,143.65 -$0.10 = $2,690.69 Sub-Area 3 (Vista Drive): $547.14 + $2,143.65 + $2,000.74 - $0.10 = $4,691.43 Sub-Area 4 (Janis Drive): $547.14 + $2,143.65 +$2,000.74 + $2,450.91 -$0.10 = $7,142.34 Subarea 5(Milo Dmre):$547.14+$2,143.65+$2,000.74+$2,450.91 +$4,530.25-$0.10=$11,672.59 On August 24, 2011, the City mailed a draft copy of the reimbursement agreement to all benefitted properties, and scheduled a property owners meeting for September 29, 2011. At the meeting, 17 property owners attended, and staff discussed the issues related to the proposed sewer construction refund agreement. 06 City Council Staff Report January 18, 2012- Page 7 Racquet Club Road Sewer Construction Refund Agreement On November 21, 2011, a follow-up letter was mailed to all benefitted properties, clarifying issues raised at the property owners meeting, and including the final draft of the proposed sewer construction refund agreement. The letter notified the property owners of the Public Hearing scheduled for January 18, 2012. FISCAL IMPACT: Approval of the sewer construction refund agreement establishes terms for payment of the individual assessments, which are paid by the benefitted property owners to the City, and then reimbursed to the developer. Payment of the individual 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 any requirement to pay the assessment imposed until such time that a request is made for a sewer connection permit. As there is no guarantee that future sewer extensions within Leonard Drive, Palermo Drive, Vista Drive, Janis Drive, and Milo Drive will ever occur, it is possible that no assessments identified in the agreement will ever be paid to the City. The agreement stipulates that there is no guarantee by the City that assessments will be collected during the term of the agreement. The City reimburses the developer only if, and when, the City collects payments from the benefitted property owners at the time a sewer connection permit is issued. The agreement does not impose any obligation on the City to pay in advance, with any of its own funds, the reimbursement amount. Prepared by: Recommended by: auelt'� *M-� —A� Marcus L. Fuller David J. Barakian Assistant Director of Public Works Director of Public Works/City Engineer Approved by: Thomas J. Wills n, Asst. City Manager David H. Ready, City ATTACHMENTS: 1. Notice of Public Hearing 2. Agreement 07 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION _ aai oaMa City Council Meeting Date: January 18, 2011 Subject: Racquet Club Road Sewer Construction Refund Agreement AFFIDAVIT OF MAILING 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 mailed to each and every person on the attached list on January 5, 2012, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (70 notices) I declare under penalty of perjury that the foregoing is true and correct. �L "=.Lfl Kathie Hart, CMC Chief Deputy City Clerk 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 January 6 and January 12, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. 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 on January 4, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. `O 1 1 ..&' Kathie Hart, CMC Chief Deputy City Clerk No 0054 AP PALM SPflINqGS The Desert Sun No 'OF PDQLIC HEAWNG 750 N Gene Autry Trail - NOTICELt EREBYGIVFN8iat the C3yCounal Palm Springs, CA 92262 of me Olty Palm S s Caliromie,.,ww hold a ublic heart at its n of is 18,2012. 760-778-4578/Fax 760-778-4731 0 s C�� naC emmb eti ��6�0 pm . Teri n Way;Palm rings. This this meeting re o0dia Sew-: City of Sp i Tuscany Hisreim his U. me terms of which provide for the State Of California ss: assod lea t ao of pscany uc6c«set erC%umnnsion County of Riverside in Racquet Club Boon, wb Road andbene adjacent ty properties on Ra.ouet no Road and on Lennard .o at Drive,Vie O9vem,Vis ta Drive, J is drive, and Milo Drive. The total cost of off-slq public sewer examsion in ust Advertiser: Club Road is$465,879.83.The PraOerW,su to the tarmy of the Agreement antl the proposed assess are: CITY OF PALM SPRINGS/LEGALS ASSER STREET PARCEL NO. ESSMENT ADDRESS PO BOX 2743 1.5o4-t 7.04 23W Leonard Road PALM SPRINGS CA 922632 a:5soa09--i1 i:o°°a 2LemR 2380 Leonard�d 4504-181 547.04 2481 Leonard Road 5.504.181--pp09 04 2379 Leonard Road 6.504-181i110 7.04 2369 Leonard Road 7.504-181-011 7.04 2359 Leonard Road 8.504-181-p14 7.04 820 W.Via Orrvera 2000294590 9.504-181- 1 ,690.69 2480 Palermo Drive 10.504-181.-002 ,6&1.69 2430 Palermo Drive - 1t:50418 -ORi �0,� 2468 Palermo Drive 12.504-181-015 .a .69 775 W.Racquet Club 13. 13.504172-007 ,690.69 236W.Via Olivetti 15.504172-007 ,690.89 2395 Palermo on" 15:504172-008 ,690A9 2431 Palermo Drive- 16.504172-010 ,690.69 2495 Palemro Drive 17.504-172-010 ,691.43 2270 Palermo Drive I am over the age of 18 years old, a Citizen of the United 18.504-173-002 691.43 2270 Vida Drive States and not a a to, or have interest in this matter. 1 19.504-172-001 .691.43 2404 Vista Drive party 20.504-1 - ,691.43 2424 Vista Drive hereby certify that the attached advertisement appeared 21.504-17 -011 :691.43.2211 Vista Drive in said newspaper (set in type not smaller than non 23.504-171-013 ,691.43 2253 Vista Drive panel) 23.504171-013 .89t:43 2255 Vats Drive in each and entire issue of said newspaper and not in an 24.504-171-014 ,691.43 2275 Vista Drive Y 25.604-1 -015 ,691.43 2301 Vista Drive, supplement thereof on the following dates,to wit: 26,504-17-WS :69t 43 2333 Vista Drive 27.504-1 -01T ,691.43 '2355 Vista Drive 28.504-1 18- 891.43 2315Vista Drive Newspaper: .The Desert Sun 29.504171-0i9 ,691 A3 2425 Vista Drive 30504-171-020 4,691.43 In 1 Racquet Club Rd. 31504J71-001 7,142.34 2490 JanisOrive 32504171-002 7,142.34 2444 Janis pit" 33504171-0D3 7,142.34 2390 Janis Drive 1/6/2012 1/12/2012 3450417 004 7142.34 2360 Jana Drive $5504-1 -005 14234 2330 Janis Drive. 36504-179-M ,142-34 23DDJanis Drive 37504-7 -D07 ,142.94 2280 Jana Drive 38504-17-0OB :142.34 2260 Jana Drive 39 504 17 -009 142.34 2222 Janis Drive 40504.1 010 7,142.34 2200,anis Drive 41 504-1 -011 142.34 2221 Janis Drive I 42 504-1 -012 :142.34 2233 Janis Drive 43504-1 -013 7,142.34 2267,am Drive 445041 -014 7,142.34. 2285 Janis Drive. 455041 15 7;142.34 2313 Jana Drive I acknowledge that I am a principal clerk of the printer of 46504162-016 7,142.34 2323 Jana Drive The Desert Sun, tinted and y City 47504162 17 ,142.34 2363 Jarrs Dona j p published week) in the Ci 48504-1 -018 7,142.34 2405 Jana Drive of Palm Springs, Coun of Riverside, State of California. 4950411 -019 7,142.34, 244.5 Jana Drive County 50504-1 -020 (Paid) 2493 is Drive The Desert Sun was adjudicated a newspaper of general 51504-1 T 1 f,sM.592498 Mio Drive 52504-1 -002 1,672.59 2460'Mwo Drive Circulation on March 24, 1988 by the Superior Court of the 53504-1 -003 11,672.592400 Milo Drive J Countyof Riverside. State of CaliforniaCase No. 54504-1 11,672.592366 Milo Dgve 55504-1 -0OS- 1,972:b 2350 MIb Drive 191236. -56504-1 S 11,672.592314 M110131 57504-1 -W7 11,672.59 2270 Milo Drive 58604.1 -008 11,67239 22W Milo Drive 59504-1 -009 11,672392222 Moo Drive declare under penally of pe 'wry that the foregoing is true 61�161-003 111: p'9�=p e 62504-1 1-004 11,672.59 2233 Moo Drive and Correct. Executed o his 1 th day of January, 2012 in 63504.1V-005 11,an 592255MUD Drive 64604-161-ON 11,672 a 2277 Milo Done Palm Springs,Califor 655D4-i61-007 11,672.59 2303 Mil.Done 66 504-1 1-008 11,672 59 2355 Milo Drive 187504- -009 11,672.59 2366'Milo Drive 68504 -010 1,67239 Dist Milo Drive 0504-69 101-0-013 11 17(Paid) 011 Racquet Club Rd. REVIEWIIOF INFORMATION:The stab;ePon and other mcumants reoa�rgr this are avawaf�r phb'c.revrew at CRY between nMween the hobm of$:fi10 a.m.to 11.00 a.m iand2:00 p'ar:W De s nature/ 6:00 pr,�, Monday throwgn Thurgday. Please tooted .Office a the uN CWk W(740f 323- 8204 d1��ur would Idle ro schedule an appointment to review tlrese documents. _ n Wmil JTs: Response to this notice may be... mad�vemdly at the Public Hearing ardor In who- 1..1'" r S.ffi. �, ,�( � Yehcre the meeting.Written commmail or and CC U r1Vt teeCitym eting. cy lencom mailinhentl J 20 James ThompsonCA City mGerk " E.Tahqukz ci^ r } 3 PoknSMings,CA 92282WW LL1 Z� .n f" /1` 1 .Arty tangs d the Proposed project in court megY ba bid to raising only those cares raised at the to hearing described in this ro6ce,a in a:. written nce delivered!to tl1e City Ctark al or o .oap�ytilic hAn, My Will be earing.. Government N 0rvenflaan- krg r all res[etlpersansto- 5e healb.Questions reger.3rg this may be dirad- ed to rows Fuller,Assistant Din of Public Maim. (78Q)323-8744.Paeuenl to CalBarnw Code 1S tl1ahYm Notice be oib ishad Mai at lki Qn priorro puheLft. s.. ®wy�con seta carte,Pot favor Items: a is R on de Pawn E=y paeck,h titan con,_ Nadir- Flag- 0 �� °± 2/ � . 2� \ 2 < © « K : , . ^ \ /�, . y=�����\ � : . , : �y�< � . ��;/��:�ƒ��\ 504162015 504162616 504162017 FUNDIN,JIM A HAYES,JAMES D TRUST THAYER,JOEL H 2313 N JANIS DR 2323 N JANIS DR 2363 N JANIS DR PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 504162018 504162019 504162020 BUNTON,JOE&DEBORAH MUSSER,WILLIAM W LIVING LENNY,JAMES P TRUST FOR TU COLLINS,CORD 9454 WILSHIRE BLVD 600 FORT LLINS,C 80524 LONG E EACH, A 9 80 402 BEVERLY HILLS,CA 90212 LONG BEACH,CA 90803 504162014 504162013 504162012 SMITHERN,CLAUDE H GUSTAT,GARY BERTOIA,RAYMOND LUIGI& PO BOX 2933 2267 N JANIS DR CAROL MARTHA PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 2233 N JANIS DR PALM SPRINGS,CA 92262 504162011 504171005 504171006 MCLAUGHLIN,GARY G&NICOLA ALFANO,MADELYN FELD,BRYAN G 38950 TRINIDAD CIR 15964 VALLEY VISTA BLVD 2604 BAIS PL PALM SPRINGS,CA 92264 ENCINO,CA 91436 HACIENDA HEIGHTS,CA 91745 504171007 504171008 504171009 HANLEY,KATHRYN QUICKLE,GEORGE W& VANANCUM,ROBERT G L PO BOX 18 CONSTANCE M TRUST NICOLAAS MAESSTRAAT 92 DOUGLAS,MI 49406 2260 N JANIS DR AMSTERDAM 1071 RE PALM SPRINGS,CA 92262 NETHERLANDS, EUROPE 504171010 504171011 504171012 ROBERT TO JACQUES &FABIAN NICHOLSON,WILLIAM D MAINIERO,ROBERT J TRUST BER TRUST BEACH,CA 92652 2211 N VISTA DR PO BOX 2410 LAGUNA BE PO BOX PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 504171013 504172001 MAINIERO,ROBERT J TRUST SHEARD,MARK B PO BOX 2410 2494 N VISTA DR PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92262 504172007 504172008 504172009 SCHRAM,ANA MARIA TRUST HAMILTON,ROBERT S&LISA A SNYDER,JEFFREY D 25251 SACUL PL 2391 N PALERMO DR 487 N 5TH ST LAGUNA NIGUEL, CA 92677 PALM SPRINGS,CA 92262 SAN JOSE,CA 95112 504172010 504162010MUREAU,HOLLY HOFFMAN 504162009 MACFARLANE,PETER D TRUST MUREAU,HOLLY HOFFMAN TRUST 2495 N PALERMO DR AU RD U MRE PALM SPRINGS,CA 92262 24774 MUREAU RD 24774 24774 RE CA 91302 CALABASAS,CA 91302 504162008 504162007 504162006 PURNEL,DEBRAH GONZALES TRUST PURNEL,DEBRAH GONZALES CHANDRASENA,LALITH D& 3079 MONTE AZUL TRUST JACQUELINE PALM SPRINGS,CA 92264 3079 MONTE AZUL 2304 N MILO DR PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92262 504162005 504162004 504162003 GOULD,ROBERT C WHITTED,GERALD W HAND,DENT N JR TRUST 115 W CALIFORNIA BLVD 461 2366 N MILO DR 672 TYNER WAY PASADENA, CA 91105 PALM SPRINGS,CA 92262 INCLINE VILLAGE,NV 89451 504162002DUCHO 504162001 504161013 ARLEEN A NY,ROGER DAVH)& PIRO,JOHN J BARDER,SARAH D FAMILY TRUST RLEEN 2498 N MILO DR 215 HALLETT COVE CT PALM SPRINGS,CA 92264 611 S PALM CANYON 7155 PALM SPRINGS,CA 92262 BOULDER CITY,NV 89005 504161011 504182010 504161010 BARDER,SARAH D FAMILY TRUST HOWARD,DEEANNA GAYLE US BANK NA SERIES 2007-AR4 TR 73 N KIHEI RD 101 2480 N LEONARD RD 1800 TAPO CANYON SV2202 KHHEI,HI 96753 PALM SPRINGS,CA 92262 SIMI VALLEY,CA 93063 504161009 504161008 504161007 KNOWLES,JOHN MICHAEL TRUST MORRISON,GEROULD G PHILLIPS,DENNIS C&NANCY B 2983 SANTA ROSA AVE 68040 VALLEY VISTA DR 934 INVERNESS DR GLENDALE,CA 91208 CATHEDRAL CITY,CA 92234 RANCHO MIRAGE,CA 92270 504161006 504161005 504171001 TRUST RCARQMICHAEL&CINDY ANN COOK,JAMES E LABORDE,MICHAEL R T 5902 MONTEREY RD 114 2490 N JANIS DR PALM SPRINGSS,,CA 92262 2277 N MILO LOS ANGELES,CA 90042 PALM SPRINGS,CA 92262 504171002 504171003 504171004 SAILOR,TIMOTHY T&DOROTHY H KULA,STEPHEN J MINERVINL,CHRISTINA E TRUST 5030 E 2ND ST 205 5086 DAWES ST 2360 N JANIS DR LONG BEACH,CA 90803 SAN DIEGO,CA 92109 PALM SPRINGS,CA 92262 504181001 504181002 504181003 WHISENAND,KATHLEEN A DEHAAS,HOUSMAN TERRI TRUST HOETKER,ANTHONY B&DENISE L 2480 N PALERMO DR 2430 N PALERMO DR 2481 N CARDILLO AVE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 504181008 504181009 504181010 BECKLEY,BENTON C JR&TANI J MINK,BRUCE NICHOLAS,VERONICA J PO BOX 1000 3116 FERNWOOD AVE 2369 N LEONARD RD PALM SPRINGS,CA 92263 LOS ANGELES,CA 90039 PALM SPRINGS,CA 92262 504181015 504182008 504182009 RIDLEY,JAMES L BECKLEY,BENTON C JR SANDERSON,ERIC M&JOAN L 775 W RACQUET CLUB RD PO BOX 1000 TRUST PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92263 2380 N LEONARD RD PALM SPRINGS,CA 92262 504181014 504181011 504161003 EGAN,LEO G III&MARY ANN WOOD,ROBERT L&JACQUELINE OSMAN,DONALD F&THERESA 820 W VIA OLIVERA A TRUST PALM SPRINGS,CA 92262 116 MAIN ST 2223 N MILO DR SEAL BEACH,CA 90740 PALM SPRINGS,CA 92262 504161004 504172006 504172002 KAY,RICHARD D LIVING TRUST RAMIREZ,LUCIANO CASE,RAMONA TRUST 2233 N MILO DR 954 W VIA OLIVERA 2211 N MOODY AVE PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 FULLERTON,CA 92831 504171020 504171019 504171018 BRAMOWETH,LARRY&CONNIE J NIETHAMER,STEVEN J TRUST HASZELBART,SAMUEL M 911 W RACQUET CLUB RD 2425 N VISTA DR 2395 N VISTA DR PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92262 504171017 504171016 504171015 GERARD,FRANK P FOSTER,THOMAS G&KAREN A BROOK,W BRIAN&MERRI E TRUST 2355 N VISTA DR 15203 GRANADA AVE 2301 N VISTA DR PALM SPRINGS,CA 92262 LA MIRADA,CA 90638 PALM SPRINGS,CA 92262 504171014 504173002 PPPJ MONTGOMERY,ALAN 8136 E SHERIDAN ST 2270 N VISTA DR SCOTTSDALE,AZ 85257 PALM SPRINGS,CA 92262 CITY OF PALM SPRINGS, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of January 18, 2012. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of this meeting is to consider a Sewer Construction Refund Agreement between the City of Palm Springs, California, and Tuscany Heights, LLC, the terms of which provide for the reimbursement to Tuscany Heights, LLC for costs associated with an off-site public sewer extension in Racquet Club Road, which benefits adjacent properties on Racquet Club Road and properties on Leonard Road, Palermo Drive, Via Olivera, Vista Drive, Janis Drive, and Milo Drive. The total cost of off-site public sewer extension in Racquet Club Road is $465,879.83. The properties subject to the terms of the Agreement and the proposed assessments are: ASSESSOR PARCEL NO. ASSESSMENT STREET ADDRESS 1. 504-182-008 $547.04 2360 Leonard Road 2. 504-182-009 $547.04 2380 Leonard Road 3. 504-182-010 $547.04 2480 Leonard Road 4 504-181-008 $547.04 2481 Leonard Road 5. 504-181-009 $547.04 2379 Leonard Road 6. 504-181-010 $547.04 2369 Leonard Road 7. 504-181-011 $547.04 2359 Leonard Road 8. 504-181-014 $547.04 820 W. Via Olivera 9. 504-181-001 $2,690.69 2480 Palermo Drive 10. 504-181-002 $2,690.69 2430 Palermo Drive 11. 504-181-003 $2,690.69 2468 Palermo Drive 12. 504-181-015 $2,690.69 775 W. Racquet Club Rd. 13. 504-172-006 $2,690.69 954 W. Via Olivera 14. 504-172-007 $2,690.69 2365 Palermo Drive 15. 504-172-008 $2,690.69 2391 Palermo Drive 16 504-172-009 $2,690.69 2431 Palermo Drive 17. 504-172-010 $2,690.69 2495 Palermo Drive 18. 504-173-002 $4,691.43 2270 Vista Drive 19. 504-172-001 $4,691.43 2494 Vista Drive 20. 504-172-002 $4,691.43 2424 Vista Drive 21. 504-171-011 $4,691.43 2211 Vista Drive 22. 504-171-012 $4,691.43 2233 Vista Drive 23. 504-171-013 $4,691.43 2255 Vista Drive 24. 504-171-014 $4,691.43 2275 Vista Drive 25. 504-171-015 $4,691.43 2301 Vista Drive 26. 504-171-016 $4,691.43 2333 Vista Drive 27. 504-171-017 $4,691.43 2355 Vista Drive 28. 504-171-018 $4,691.43 2395 Vista Drive 29. 504-171-019 $4,691.43 2425 Vista Drive 30. 504-171-020 $4,691.43 911 Racquet Club Rd. 31 504-171-001 $7,142.34 2490 Janis Drive 32 504-171-002 $7,142.34 2444 Janis Drive 33 504-171-003 $7,142.34 2390 Janis Drive 34 504-171-004 $7,142.34 2360 Janis Drive 35 504-171-005 $7,142.34 2330 Janis Drive 36 504-171-006 $7,142.34 2300 Janis Drive 37 504-171-007 $7,142.34 2280 Janis Drive 38 504-171-008 $7,142.34 2260 Janis Drive 39 504-171-009 $7,142.34 2222 Janis Drive 40 504-171-010 $7,142.34 2200 Janis Drive 41 504-162-011 $7,142.34 2221 Janis Drive 42 504-162-012 $7,142.34 2233 Janis Drive 09 43 504-162-013 $7,142.34 2267 Janis Drive 44 504-162-014 $7,142.34 2285 Janis Drive 45 504-162-015 $7,142.34 2313 Janis Drive 46 504-162-016 $7,142.34 2323 Janis Drive 47 504-162-017 $7,142.34 2363 Janis Drive 48 504-162-018 $7,142.34 2405 Janis Drive 49 504-162-019 $7,142.34 2445 Janis Drive 50 504-162-020 $0 (Paid) 2493 Janis Drive 51 504-162-001 $11,672.59 2498 Milo Drive 52 504-162-002 $11,672.59 2460 Milo Drive 53 504-162-003 $11,672.59 2400 Milo Drive 54 504-162-004 $11,672.59 2366 Milo Drive 55 504-162-005 $11,672.59 2350 Milo Drive 56 504-162-006 $11,672.59 2304 Milo Drive 57 504-162-007 $11,672.59 2270 Milo Drive 58 504-162-008 $11,672.59 2250 Milo Drive 59 504-162-009 $11,672.59 2222 Milo Drive 60 504-162-010 $11,672.59 2210 Milo Drive 61 504-161-003 $11,672.59 2223 Milo Drive 62 504-161-004 $11,672.59 2233 Milo Drive 63 504-161-005 $11,672.59 2255 Milo Drive 64 504-161-006 $11,672.59 2277 Milo Drive 65 504-161-007 $11,672.59 2303 Milo Drive 66 504-161-008 $11,672.59 2355 Milo Drive 67 504-161-009 $11,672.59 2365 Milo Drive 68 504-161-010 $11,672.59 2401 Milo Drive 69 504-161-011 $11,672.59 2425 Milo Drive 70 504-161-013 $0 (Paid) 1011 Racquet Club Rd. 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 11:00 a.m. and 2:00 p.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 Marcus Fuller, Assistant Director of Public Works, at (760) 323-8744. 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 Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. ames Thompson City Clerk 10 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO: CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E.TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 SPACE ABOVE FOR RECORDER'S USE ONLY SEWER CONSTRUCTION REFUND AGREEMENT Title of Document rTTrfap 0� L Y 11 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND TUSCANY HEIGHTS, LLC. SEWER AGREEMENT NO. This Sewer Construction Refund Agreement,hereinafter referred to as"Agreement", made and entered into this_day of 2012, between the City of Palm Springs, California, a municipal corporation, hereinafter referred to as"City", and Tuscany Heights, LLC, a California Limited Liability Company, hereinafter referred to as "Developer". Whereas,the City has established a policy for sewer refund agreements 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,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 "Property", which is an approved subdivision for residential purposes (Tentative Tract Map 28495). The subdivision was approved subject to conditions, among which required construction of an off-site sewer extension in Racquet Club Road necessary to provide sewer service to the Property; and Whereas, the Developer performed his required obligation to construct the off-site sewer extension, and subsequently submitted Tract Map 28495 for approval, which was duly approved by the City Council on July 14, 2005, and recorded by Riverside County in Book 385, Pages 97-100, No. 2005- 0580540, records of Riverside County; and Whereas, the off-site sewer extension that is the subject of this Agreement has been dedicated to public use by the Developer, and has been accepted by the City; and Whereas,the City has determined that benefit from the construction of the off-site sewer extension in Racquet Club Road will accrue to properties connecting to the off-site sewer extension, as delineated on the exhibit identified as "Boundary Map"attached hereto, marked Exhibit"B", 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 shown on the Exhibits C1, C2 and C3; and Whereas,the Developer, in accordance with 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 sewer extension which benefits other properties; and Whereas,the Developer has submitted a financial statement of construction costs totaling$465,879.83 as shown on the Summary of Expenses which is attached hereto marked Exhibit"D",and 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)and at 2493 Janis Drive(Assessor Parcel Number 504-162-020) at the time these properties were connected to the off-site sewer line on Racquet Club Road, and therefore, these properties are excluded from this Sewer Construction Refund Agreement; and 12 Page 1 of 5 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 sewer extension to properties benefiting from the off-site 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 City and the Developer, it is hereby agreed that: SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit "B" directly benefitting from the off-site sewer extension on Racquet Club Road shall pay to the City the amount shown herein, plus the sewer connection fee in effect at such time prior to a permit being issued for connection to the public sewer system via the off-site sewer extension in Racquet Club Road. Upon receipt of such payment, City shall pay the Developer the assessments shown herein. Payment of assessments for parcels not abutting the off-site sewer on Racquet Club Road require future sewer line extensions on Leonard Drive, Palermo Drive,Vista Drive,Janis Drive,and Milo Drive. The assessment for each parcel is hereby established at a calculated benefit for 70 properties equitably spread (within their direct area of benefit), over a total cost of$465,879.83 as follows: ASSESSOR PARCEL NO. ASSESSMENT STREET ADDRESS 1. 504-182-008 $ 547.04 2360 Leonard Road 2. 504-182-009 $ 547.04 2380 Leonard Road 3. 504-182-010 $ 547.04 2480 Leonard Road 4 504-181-008 8 PARCES $ 547.04 2481 Leonard Road 5. 504-181-009 $ 547.04 2379 Leonard Road 6. 504-181-010 $ 547.04 2369 Leonard Road 7. 504-181-011 $ 547.04 2359 Leonard Road 8. 504-181-014 $ 547.04 820 W. Via Olivera 9. 504-181-001 $ 2,690.69 2480 Palermo Drive 10. 504-181-002 $ 2,690.69 2430 Palermo Drive 11. 504-181-003 $ 2,690.69 2368 Palermo Drive 12. 504-181-015 $ 2,690.69 775 W. Racquet Club Rd. 13. 504-172-006 9 PARCES $ 2,690.69 954 W. Via Olivera 14. 504-172-007 $ 2,690.69 2365 Palermo Drive 15. 504-172-008 $ 2,690.69 2391 Palermo Drive 16 504-172-009 $ 2,690.69 2431 Palermo Drive 17. 504-172-010 $ 2,690.69 2495 Palermo Drive 18. 504-173-002 $4,691.43 2270 Vista Drive 19. 504-172-001 $4,691.43 2494 Vista Drive 20. 504-172-002 $4,691.43 2424 Vista Drive 21. 504-171-011 $4,691.43 2211 Vista Drive 22. 504-171-012 $4,691.43 2233 Vista Drive 23. 504-171-013 (') 13 PARCES $4,691.43 2255 Vista Drive 24. 504-171-014 $4,691.43 2275 Vista Drive 25. 504-171-015 $4,691.43 2301 Vista Drive 26. 504-171-016 $4,691.43 2333 Vista Drive 27. 504-171-017 $4,691.43 2355 Vista Drive 28. 504-171-018 $4,691.43 2395 Vista Drive 29. 504-171-019 $4,691.43 2425 Vista Drive 30. 504-171-020 $4,691.43 911 Racquet Club Rd. 31 504-171-001 $ 7,142.34 2490 Janis Drive 32 504-171-002 $ 7,142.34 2444 Janis Drive 33 504-171-003 $ 7,142.34 2390 Janis Drive 34 504-171-004 $ 7,142.34 2360 Janis Drive Page 2 of 5 13 35 504-171-005 $ 7,142.34 2330 Janis Drive 36 504-171-006 $ 7,142.34 2300 Janis Drive 37 504-171-007 $ 7,142.34 2280 Janis Drive 38 504-171-008 $ 7,142.34 2260 Janis Drive 39 504-171-009 $ 7,142.34 2222 Janis Drive 40 504-171-010 20 PARCES $ 7,142.34 2200 Janis Drive 41 504-162-011 $ 7,142.34 2221 Janis Drive 42 504-162-012 $ 7,142.34 2233 Janis Drive 43 504-162-013 $ 7,142.34 2267 Janis Drive 44 504-162-014 $ 7,142.34 2285 Janis Drive 45 504-162-015 $ 7,142.34 2313 Janis Drive 46 504-162-016 $ 7,142.34 2323 Janis Drive 47 504-162-017 $ 7,142.34 2363 Janis Drive 48 504-162-018 $ 7,142.34 2405 Janis Drive 49 504-162-019 $ 7,142.34 2445 Janis Drive 50 504-162-020 (21 $ 0 (2) Paid 2493 Janis Drive 51 504-162-001 $11,672.59 2498 Milo Drive 52 504-162-002 $11,672.59 2460 Milo Drive 53 504-162-003 $11,672.59 2400 Milo Drive 54 504-162-004 $11,672.59 2366 Milo Drive 55 504-162-005 $11,672.59 2350 Milo Drive 56 504-162-006 $11,672.59 2304 Milo Drive 57 504-162-007 $11,672.59 2270 Milo Drive 58 504-162-008 $11,672.59 2250 Milo Drive 59 504-162-009 $11,672.59 2222 Milo Drive 60 504-162-010 20 PARCES $11,672.59 2210 Milo Drive 61 504-161-003 $11,672.59 2223 Milo Drive 62 504-161-004 $11,672.59 2233 Milo Drive 63 504-161-005 $11,672.59 2255 Milo Drive 64 504-161-006 $11,672.59 2277 Milo Drive 65 504-161-007 $11,672.59 2303 Milo Drive 66 504-161-008 $11,672.59 2355 Milo Drive 67 504-161-009 $11,672.59 2365 Milo Drive 68 504-161-010 $11,672.59 2401 Milo Drive 69 504-161-011 $11,672.59 2425 Milo Drive 70 504-161-013 (2) $ 0 (2) Paid 1011 Racquet Club Rd. TOTAL PAYMENTS: $447,065.02 The above payments represent a proportionate distribution of the cost of the construction of the off-site sewer main extension. Notes: (1) These parcels are vacant properties as of the date of this Agreement. (2) Payment previously paid by separate agreement. (3) The total payment is $18,814.81 less than the total cost due to Developer because the payments for parcels marked above were previously paid. SECTION 2. Payment. Developer's current address is: Wesley D. Oliphant, 77-900 Ave. 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 the assessment. 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. 14 Page 3 of 5 SECTION 3. Successors. The right of Developer to receive payment as stated herein shall be transferable to successors and assigns. Developer shall immediately notify City of any transfer or assignment of its right to receive payment under this Agreement. 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 pursuing any legal 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 legal action to collect said payment. The City shall have complete and absolute discretion in determining whether to pursue legal action to collect a payment from an assessee. In the event the City elects not to pursue legal action to collect a payment from an assessee, Developer may pursue available legal remedies to enforce payment of the assessments identified in 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 4. SECTION 5. No Representations 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 for the collection of the assessments stated in Section 1 above, or for the payment of such sums to Developer. SECTION 6. Term. This agreement shall terminate fifty (50) years from the date of the agreement first above written, unless extended by mutual agreement of the parties. Following termination, City shall have no obligation hereunder. SECTION 7. Amendment. The parties hereto mutually agree that this agreement maybe amended at any time by the mutual consent of the Developer and City and by recordation of an instrument in writing. SECTION 8. 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 9. 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 10. Recordation. The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside, California. • x w [SIGNATURES ON FOLLOWING PAGE] 15 Page 4 of 5 In witness whereof, the City and Developer have hereunto caused this Agreement to be executed the day and year first above mentioned. DEVELOPER: Tuscany Heights, LLC, a California Limited Liability Company (Notarized Signature) Printed Name and Title ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By: City Attorney Attachments: 1. Exhibit"A": Resolution Numbers 13487 and 16031. 2. Exhibit"B": Boundary Map. 3. Exhibit"C": Assessor's Parcel Maps: Book 504, Pages 16-18. 4. Exhibit"D": Summary of Expenses. 16 Page 5 of 5 EXHIBIT "A" 17 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 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. 18 http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPaImSpring... 10/10/2011 Printer Friendly View Page 1 of 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 nethod of effecting the installation of and payment for such improvements. ADOPTED this 6rh day of Awguet 1980. AYES: Caum Llmes6ers Beirich, Field, Oraner, Rosa and Mayor Doyle NOES: Noce ABSENT: Pane ATTEST. CITY OF PV SPRENGS. CALIFORNIA By Duty City C I err vi ty manager REVIEWED 6 APPROVEO _ 19 http://l 0.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPalmSpring... 10/10/2011 Printer Friendly View Page 1 of 1 RESOLUilON NO. 360 31 of THE CI7'i COUNCIL OF 'PHE CITY OF PALM. SPR`_NGS CALIFORNIA, AMENDING AND ESTABLISHING PROCEDURE FOR IMPLEMENTING POLICY FOR REIRWRSEMENT OF COSTS FOR INSTALLATION OF ALL T'1PES OF OF:-SITE I11PRONTMENTS. 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 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 reimbursemant of coats 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. 1 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 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 1 address as is known to be the correct address of the t 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 prior to such owner's development of his property, b. The necessity for such installation by any party other than such owner, r "P raAsonab1pness of the Go Pits of such 20 http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPaImSpring... 10/10/2011 Printer Friendly View Page 1 of 2 imprcvement.s, d. Any other nar.ers ra�sonahly re„aced to reimbursement for scnh -'nproverient.s an the effeu._ upon such owner"s proper-;. 3. Following such hearing, -r if no such hearing is requested, than at any time at laast 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 tit ' 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, 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 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 NOtiee of Obligation to Reimburse Cost of Off-Site Improvements in each instance where 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 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 for development of any parcel subject to such Kotice 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 that the City shall have actually received payment for that 21 http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPalmSpring... 10/10/2011 Printer Friendly View Page 1 of 2 RESOLUTION NO. 1e039 purpose. 9. Nothing in this policy shall be deomed 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 . 15Ch day of October 1986. AYES: COUTICilmembers Birer, Foster, and Mayor Bogert NOES: None ABSENT: Cuuncilmeobcrs Apfelbaum and Smith ATTEST; CITY OF PALM SPRINGS. CALIFORNIA "--City Clerk City Manager REVIEWED & APPROVED. 1 22 http://10.0.0.162/AppXtender/DocPrintFriendly.aspx?DataSource=AX-CityofPalmSpring... 10/10/2011 EXHIBIT "B" 23 L1-134' 70 properties RACQUET CLUB ROAD NEW SEWER LINE OID/ SEWER UNE 2 2oa.13 �. '1 1 20, 20 >t 10�'2 it 1 ,e 32 10. 10 of Lu W ..? ti �. .. stlafi rJ Q 18 10 If '3 } 18' 18 Q �'�3 8 18 1J z 7 4 25 9 �ti 22 9 , cl Lu14 29 7 36 '26, 11 .r 11 8 i y - 28 6 Q Z U ! 15 7 8 8 15 15 8 8 5 18 + 16 27 14 Q 16 U) �. q _ 38 i W 20 Z) 14 8 4 u ' n 2 22 ` � _.._-..OLIVERA 173 23 0 13 5 8 8 13 13 ' 8 8 3 13 f0 18 21 27 d' 40 PARJ 24 J ( 17 z 4 i a a 1z 12 a VIA - - _ LIVORNO ----- 40 PAR.2 1/ 3 I 10 10 11 11 18 10 10 1 11 19 20 25 26 41 i PAR.3 SANBORN WA I BOUNDARY MAP IV A EXHIBIT "C" 25 IRIS RAP WAS PREPARED FOR ASSESSREAT PORPOS ORLY.NO LIABILITY IS ASS0WE0 FOR THE ACCURACY OF IRE DATA SRO I.ASS[SSOR'S PARWI POR.SEC 3 T.4S. ,R.4E 5 0 4-16 WAY ROT WILY WIN LOCAL LOT-SPLIT OR 811 IRC SIT[OROINAANCES RCEL CITY'OF PALM SPRINGS LR.A. Ol1-00) HAY 17 29-10 7 O O O O O O O $ O � I na n •� • M I$ ; gg � n IOTA F 0 a � w c ZI I d F TvSCANY HEIGHTS A DRIVE UIT y � - L 13 o �0 MB 34/67 JANIS HILL TOP ESTATES NO. I N ASSESSOR'S MAP BK50/P0.16 MB 43 TRACT I61P N0, 2303 Q) Riunld.County, Calif, ®fr?y Ma 385 97-100 TRACT WP N0. 28495 may 2006 EXHIBIT C-1 ® NOT SUBJECT TO THIS AGREEMENT 29-10 504-17 7 C A.1/03 pOR. SW//4 SEC.3, T. 4S, R.4E /9 YJ r h Y'• u . • N O I` O Q N O O O \ K 1 b r wV' N O O r 0Y J A, J vD ~ o j, N 9 A b b i ♦ h N r Q O � O O O O O O O �— M.B.20184 Piemonte Estates /6 —`— -- OA rA: M.S.34167 Janis Hill Top Estates No. AssEssoR3s MAP r. 5 P6.17 --- R/YE•r3/DE CO/1NT`; 067. 196E NOT SUBJECT TO THIS AGREEMENT EXHIBIT C-2 I MAY NOT COMPLY WIiN IOCAL LOi$PLR 00.6WLDING SIZE ORDINANCES. \ TNI6 MAP WAS PREPARED fOfl A63ES3MENT PURPO6E60N1Y HO LIABIIItY \ 504�18 POR SW 1l4 SEC 3 T 4S R 4E I6A66UMEDGOR THE ACCURACVOF LHE DAiA9NOWN ASSESSOR'S PARCEL 1 \ T.R.A.011-003 \J l�Ps v 29-10 ,ax o RACQUET _ —— — ROAD — i Rs,>m 01 11 v n I nn m 15 OS 1p Qi 6 1"=100' 'I Iry OZ � 1 case.Na, ,m � I o , 1 R � f 03 36 11 1 36 1 2 ( --_— L.,.d '` � O aOPrafvM Lu 182 ! ac, \ 1 20 21 1 3 cl v 1 , 1 e' 1 POR V 0 1 \ \ 14 _u w 4 s Q; 71 --_— •\ CIA LNL - - -- g / *17 mop Reference 2 x.m .xum ers us PB xx FBr10N1E NH3tl42%A NTRACT1n6�0 xs T nl P93J i RiverslDe County P BK504 PG.10-_,_ -I 3 — L ASSESSOR'S MACBIII. AN4tcfi4fap4u I \\ \ \21'0 -\. tv NOT SUBJECT TO THIS AGREEMENT EXHIBIT C-3 e EXHIBIT "D" 29 SUMMARY OF EXPENSES TUSCANY HEIGHTS FOR SEWER CONSTRUCTION REFUND AGREEMENT 1. DESIGN: Warner Engineering $10,924.35 2. STAKING: Warner Enginering $12,095.73 3. TESTING: Sladen Engineering $2,856.00 4. CITY FEES (3 sheets x $500) $1,500.00 5. ASPHALT REMOVAL: Palm Canyon Contracors, Inc. (Trench sawcut) 1 $10,993.28 6. CONSTRUCTION: Tri-Star Off Sewer $171,773.67 Pre-water, Cust Control $3,500.00 Demolition and Grading $55,000.00 Boulder Removal $20,000.00 Boulder Trucking 7$17,693.45 Boulder Demo (3 boulders at sewer line) $14,690.00 Dump Truck- Rock hauling $7,742.50 Import Fill $7,399.48 7. BACKFILUCOMPACTION: Palm Canyon Contracors, Inc. On Racquet Club Road: ' $61,100.1, 8. STRIPING & COLD PATCH at Leonard Dr.: Tri-Star —'_$27530.00 i 9. SUPERVISION: _ $16,165.56 10. CONSTRUCTION ADMINISTRATION $49,915.70 TOTAL =' $465,879.83 EXHIBIT D 30