Loading...
HomeMy WebLinkAbout11/3/2004 - STAFF REPORTS (9) 71 DATE: November 3, 2004 TO: City Council FROM: Public Works Director/City Engineer ASSESSMENT DISTRICT 162 RECOMMENDATION: It is recommended that the City Council approve various Resolutions related to the proposed formation of a 1913 Act Assessment District, using 1915 Act Bonds for certain eligible public improvements for two separate development projects:"The Villas",Tract No.29077, located on the south side of Tahquitz Canyon Way west of Cahuilla Road; and"48 @ Baristo",Tract No. 30941, located on Baristo Road west of Sunrise Way. SUMMARY: On October 6, 2004, the City Council held a Public Hearing to consider formation of Assessment District (AD) 162. Although there were no protests received related to the formation of AD 162 during the Public Hearing, the City Council's vote of 2 affirmative, 1 negative and 1 abstention (with 1 absent) was insufficient to allow formation of AD 162. Government Code 36936 requires 3 affirmative votes in order to implement the actions related to formation of AD 162. In accordance with City Council's Polices and Procedures, on October20, 2004, the Mayor requested reconsideration of the Council's previous consideration of the formation of AD 162 at the next regular meeting. BACKGROUND: A copy of the previous staff report provided to City Council for the October 6, 2004, Public Hearing is included as Attachment 2. This Public Hearing was held in accordance with the previous resolution of intention, at which no written or oral protests and no public testimony was presented relating to the formation of AD 162. At the end of the hearing, the City Clerk opened and counted the ballots and declared that all the property owners in the district voted in favor of the proposition to levy assessments related to AD 162. At this point the Council was presented with 5 resolutions for adoption, including a resolution declaring the results of the assessment ballot proceedings as announced by the City Clerk. Of the three eligible members to vote on the issue, one voted no and two voted for adoption of the 5 resolutions. Under Government Code 36936, an affirmative vote of three members of the Council is required to adopt the resolutions. Therefore, in accordance with the Government Code, although the Public Hearing was conducted and no protests were received, the formation of AD 162 was denied in light of the City Council vote on the action. At the October 20, 2004, City Council meeting,the Mayor requested reconsideration of the Council's previous consideration of AD 162. Therefore, although no Public Hearing is necessary and all relevant actions associated with formation of AD 162 have occurred, the only action presented for Council consideration at this point is consideration of the various resolutions related to formation of AD 162. Assessment District 162 November 3, 2004 Page 2 In the intervening period since the October 6, 2004, meeting,the City Clerk has received a unanimous waiver from the property owners of the 30 day cash payment period required by Section 8620 of the Streets and Highways Code. Therefore, a sixth resolution has been prepared and added to the previous 5 resolutions considered by City Council at the October 6 meeting, and the 5 resolutions have been amended in subtle ways to evidence the waiver of the 30-day cash collection period. Staff solicited and received the City Attorney's opinion that the additional resolution and amendment of the previous 5 resolutions was within the realm of the Council's reconsideration of this item, as all 6 current resolutions deal with the same item in question (formation of AD 162). If it is City Council's desire, staff recommends approval of the 6 resolutions and formation of AD 162, in accordance with Government Code 36936 which requires 3 affirmative votes of the Council. SUBMITTED: APPROVED: DAVID J. BARAKIAN DAVID H. READY Z" Director of Public Works/City Engineer City Manager` ATTACHMENTS: 1. Resolutions (6) 2. October 6, 2004, staff report DATE: October 6, 2004 TO: City Council FROM: Public Works Director/City Engineer ASSESSMENT DISTRICT 162 RECOMMENDATION: It is recommended that the City Council approve various Resolutions related to the proposed formation of a 1913 Act Assessment District,using 1915 Act Bonds for certain eligible public improvements for two separate development projects:"The Villas",Tract No.29077, located on the south side of Tahquitz Canyon Way west of Cahuilla Road; and"48 @ Baristo",Tract No. 30941, located on Baristo Road west of Sunrise Way. SUMMARY: On July 21, 2004, the City Council approved an application for further processing of the formation of Assessment District 162, submitted by Ironwood Homes, doing business as Palm Springs Modern Homes. The City Council's authorization was specific to the following considerations: authorization to proceed with an initial estimated bond amount less than the $2,000,000 minimum established by the City's Policies and Procedures for Special Assessment and Mello-Roos Community Facility District(CFD)Municipal Bond Financing for Public Improvements for Development Projects(the"Policy'); authorization for staff to select and negotiate contracts with consultants for an assessment engineer's report, appraisal and market absorption study; and authorization to collect necessary deposits from the applicant to fund consultant contracts. A Resolution of Intention to consider the formation of Assessment District 162 was approved, scheduling a Public Hearing for consideration of its formation for October 6, 2004, The purpose of this Public Hearing is to consider all information related to the application for formation of Assessment District 162, public testimony related thereto, and consideration of adoption of various Resolutions that will implement formation of Assessment District 162. BACKGROUND: Ironwood Homes, doing business as Palm Springs Modern Homes, is the developer for Tract No. 29077 located on the south side of Tahquitz Canyon Way west of Cahuilla Road. The Tract Map was approved and recorded in September 2003 and consists of 47 single family residential lots. They are also the developer of Tract No. 30941 located on Baristo Road west of Sunrise Way. The Tract Map was approved and recorded in July 2003 and consists of 48 condominium units. Ernie Vincent,Vice-President of Palm Springs Modern Homes,has submitted an application for formation of a 1913 Act Assessment District, identified as Assessment District 162,using 1915 Act Bonds for the public improvements for both of their approved developments. Following a review of the application by the City's Special Districts Committee,City Council authorized further processing of the formation of Assessment District 162 at its July 21, 2004, meeting. The Council's authorization allowed for City staff to select and award various consultant contracts necessary to provide information necessary for the formation of Assessment District 162, as well as scheduled the formal Public Hearing for consideration of the formation of Assessment District 162 for the October 6, 2004, meeting. As discussed during Council's consideration of Assessment District 162 at its July 21 meeting, the applicant is proposing that Assessment District 162 fund public sewer improvements,water improvements, street improvements,sewerfees,drainage fees,water \ Assessment District 162 October 6,2004 Page 2 fees, engineering costs, and all district formation and financing costs for both development projects. In addition, relatively extensive utility undergrounding adjacent to the property being developed as Tract No. 29077 is proposed to be funded by the Assessment District. The final confirmed engineer's estimated bond amount for Tract No.29077, known as"The Villas" is$940,000 and the final confirmed engineer's estimated bond amount for Tract No. 30941, known as"48 @ Baristo"is$360,000 for a total Assessment District bond amount of $1,300,000. In its reconsideration of Assessment District 162, the City Council authorized an exception to the $2 Million minimum bond amount requirement, which is allowed by formal action by the Council, as specified by the Policy in Section 4(2)(C). As shown on Attachment 2 (the "Financing Summary'), the final confirmed engineer's estimates for Assessment District 162 results in a per lot assessment of$20,000 for the 47 single family homes at"The Villas"(Tract 29077), and a per lot assessment of$7,500 forthe 48 condominium units at"48 @ Baristo" (Tract 30941). It is anticipated that a bond term of 25 years at a rate of 5.7%will be obtained once a sale of the bonds is completed,yielding an annual assessment of$1,595 for"The Villas" (Tract 29077), and an annual assessment of $645 for"48 @ Baristo"(Tract 30941). The final confirmed costs of the Assessment District and resulting assessments comply with the Policy; value to lien ratios exceed the 4:1 requirement (the overall ratio is of value to lien of the Assessment District is 11.5:1), and overall tax rates are below the 2% maximum allowed by law, (1.48% for "The Villas" and 1.32% for 48 @ Baristo). After the formation of Assessment District 162 is complete,the City will be the issuer of the tax-exempt obligations for the Assessment District. The City does not incur any obligation for the subject debt, which will be secured and payable solely from assessments on the properties within Assessment District 162 and will constitute a foreclosable lien on such properties if unpaid. Following consideration of public testimony at the Public Hearing, the City Council may consider approval of various Resolutions that will allow staff to proceed with formation of Assessment District 162. Resolutions are required to certify the results of the assessment ballot proceedings, approving the final Engineer's Report, approving joint financing agreements with Desert Water Agency and Riverside County Flood Control District, ratifying all actions necessary for the formation of Assessment District 162 as required by state law and the California Constitution, and finally authorizing issuance and sale of$1,300,000 in limited obligation bonds for the purposes of financing Assessment District 162. The City Council's approval of the various Resolutions in no way commits the City to any financial contribution or liability to repay the bond indebtedness. Unpaid assessments are secured through foreclosable liens,and City staff costs to administerthe Assessment District and are reimbursed through the annual assessments levied to the property owners within the Assessment District. SUBMITTED; ^�� APPROVED: DAVID J. BARAKIAN DAVID H. READY Director of Public Works/City Engineer City Manager ATTACHMENTS: 1. Resolutions 2. Financing Summary 3. Assessment District Map 11 IIII/ palm springs �L � �ll� Il iM l _ �� w w w p a I m s p r n g s m o d e r n c o m November 3, 2004 Mayor Ron Oden&Council Members City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Assessment District 162 Agenda Item 11 —City Council Meeting of November 3, 2004 Dear Mayor and Council: Thank you for your support in forming Assessment District 162, which will pay for part of the under-grounding of overhead electrical utilities for The Villas in Old Palm Springs, among other items. To address Council Member concerns, approximately $100,000 of the utility under-grounding, which benefits adiacent landowners and not the developer's homebuyers, is being paid for solely by the developer, and will not be refunded to the developer through the AD. That is why the AD has been reduced from $1,400,000 to $1,300,000. On July 21, 2004,the council authorized staff to proceed with formation of AD 162. Pursuant to this authorization, the developer deposited $67,500 with the City and these funds have been or will be used to pay the appraiser, bond counsel, assessment engineer, fmancial advisor and other City costs. Almost all of this work has been completed, and the underwriter is prepared for the bond sale. On October 6,2004,the council held the public hearing, at which there were no objections to forming the district and the landowner/developer cast its vote in the affirmative. All that remains to be done is the formal approval of the resolutions by a majority of the Council. Thank you again for your support. Sincerely, PALM SPRINGS MODERN HOMES Ernest Vincent, Vice President - - /fei_II AOv 61 I0nt 'ro Iud:Y m,- 7NII i °f01 11 !' 'AZ/ !�?Xlo>✓a!III : V 7(07171L9�,5,ilr II/VJ/LVVY Ic.vo rnn eye PALM SPRINGS MODERN 1.1(:)MCS 11, LLC PALM SPRINGS MODERN HOMES V, I..I..C: $ Ual C/O PALM SPRINGS MODERN IIOMrS P9019 -3 2004 180 EAST ANDRL;AS ROAD -C EVER PALM SPRING'S, CALIFORNIA 92262 Noverr)ber 3.2004 Honorable (Jty Council City of I'i)IIIt Springs 3200 East Tahyuitz Canyon Way, Palen Springs, CA 92263 12e: Waiver of all Notices and '.rime Constraints in connection with the Formation of Assessment District No. 162 O'be Villas in Old Palen Springs and 43 6) Ilaristo) Of the City of Palm Springs, the Levy and Collection of Special As.sessmcnts Securing Limited Obligation Improva)nent Bonk. the 'INSnt1nCC trod Sale of such Bonds. and the Clash Payn)cnt Period Lear C'otmcilmembers: The undersigned aril duly authorized representatives of l'ahn Springs MULICtn Bones 11, LLC and Palm Springs Modern Homes V, LLC are the fee owners of that certain property in the City of Palen Springs described on I"Ahibit A hereto and by this rcferencc incorporated herein (the "Property'),which property comprises Assessment District No. 162 ('The Villas in Old 'Paln) Springy and 4S (rn.Llaristo) of'thc City Of P:tin Springs ("At) No. 162"). Such property has been formal into a special assessment district pursuant to Lilo Municipal Improvement Act of 1913, Chapter 7 of Division 12 of Tile Cnlili>rnia Streets and Flighway:: Carle (the "1913 Act') for the purpose of levying asscssmcuts till specially benefited property within said Assessment District No. I62, Such special assessments arc to secure limited obligation improvement honds to be issued pursuant to the Tmprovement Homo Act. of 1915. Division 10 of Naid (''ode (the ''1915 Act"), 'I'hc 1q,,al rcquiremcnts of both Acts include time constraints for the performance by the City of certain actions in furtherance of the objectives of both Ac+s. In order for the proceedings for the. Property to move forward as expeditiously as possible,the undersigned clues hereby waive the lnllowing: I. All published or n)ailcd notices, including notires reilard'ing recording of the assessment and diagram and the cash collection period. 2. All time and other constraints on the formation of Assessment District No. 162, the levy of assessments Ibercunder. and the issuance and sale of bonds. 3. 'hoe thu'ty clay cash payment period far payment ofassessments. l Honorable laity Council November 3,2004 Page 7 Please enter tbis w.iiver in the appropriate records of the City. The undersigned hereby declare under penalty of pctjur} that they arc the owners ()I'[tic Property and arc voluntarily waiving the 1'Ighl5 di5Msscd :above: Very truly yours, _ PALM SP1tINC;Syv1(:)I.]I>Rlyil IC)M S 11, I.,J.C. a California lim(fed lia jI- co 14pliny 13v: iYi II ]_)1F111is CyFflnl�Ial I IS: AutllorIZCd cpresentativ f/� PALM SPRINGS (v1C ll1 Il(11 II,S V, J,J,C:, a.C'alilin•nia IimitedHiu.hilil tcj ny� is:J:)cri>ai C: Irminr,Ill'till .l e,Acuil urired.ICep/r���vi; G RESOLUTION NO. ° OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THAT CERTAIN WATER FACILITIES AGREEMENT BETWEEN THE CITY AND DESERT WATER AGENCY AND THAT CERTAIN ACQUISITION AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNERS AND A FIRST AMENDEMENT TO COOPERATIVE AGREEMENT WITH THE COUNTY OF RIVERSIDE, THE CITY AND THE PROPERTY OWNER RELATED TO ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO); AUTHORIZING EXECUTION THEREOF BY APPROPRIATE CITY OFFICIALS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS this City Council of the City of Palm Springs (the "Council' and "City") has taken proceedings pursuant to the Municipal Improvement Act of 1913 ("1913 Act") Division 12 of the Streets and Highways Code, for the formation of an assessment district, the levy and collection of assessments, and the issuance and sale of limited obligation improvement bonds (the "Bonds") pursuant to the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code; and WHEREAS, the assessment district is identified as Assessment District No. 162, hereinafter referred to as the "District'; and WHEREAS, the developers of property within the District are Palm Springs Modern Homes, ll, LLC, a California Limited Liability Company and Palm Springs Modern Homes V, LLC, a California Limited Liability Company (collectively, the "Developers"); and WHEREAS, proceeds from the sale of Bonds shall be used, among other things, to pay for public improvements including to pay for water system improvements and connection fees required for the development of land within the District; and WHEREAS, the water facilities (and the connection fees relevant to such facilities) shall become the property of Desert Water Agency ("DWA") and it is required by said Sections 10109 and 10110 of the 1913 Act that the transfer of such facilities be pursuant to a written agreement between the City and DWA; and WHEREAS, that certain "Water Facilities Agreement," in the form on file with the City Clerk, is an agreement which meets the requirements of Sections 10109 and 10110; and WHEREAS, the Developers have requested that an Acquisition and Funding Agreement be entered into as a means for Developers to recover costs advanced for such public improvements installed by Developers and which upon completion are to be turned over to the City and to other public agencies for operation and maintenance; and WHEREAS, the City has caused the current Acquisition and Funding Agreement in the form on file with the City Clerk to be prepared; and Resolution No. Page 2 WHEREAS, the Developers have requested that the City and the County of Riverside enter into an amendment to the cooperative agreement with Palm Springs Modern Homes V, LLC for the purposes of funding certain of the County's flood control improvements from the District (the "Flood Control Agreement"); NOW THEREFORE BE IT RESOLVED, as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That said Water Facilities Agreement in substantially the form on file with the City Clerk is hereby approved and the City Manager and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. Section 3. That said Acquisition Agreement in substantially the form on file with the City Clerk is hereby approved and the City Manager and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. Section 4. That said Flood Control Agreement in substantially the form on file with the City Clerk is hereby approved and the City Manager and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. ADOPTED this 3rd day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM City Attorney RESOLUTION NO. "r"i OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF AN ASSESSMENT BALLOT PROCEEDING RELATING TO THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO), AND THE ISSUANCE OF BONDED INDEBTEDNESS WHEREAS, this City Council of the City of Palm Springs (the "Council' and "City") called and duly held a public hearing and majority protest proceeding of Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo), hereinafter referred to as the "District', on October 6, 2004, for the purpose of presenting to the qualified electors within the District, a proposition for the levy of special assessments within the District and the issuance of bonds on the security of such special assessments; and WHEREAS, notice of the hearing was mailed to the landowners of record within the District at least 45 days prior to the public hearing; and WHEREAS, the public hearing was duly and lawfully held on October 6, 2004; and WHEREAS, there has been presented to the Council a certificate of the City Clerk called the Certificate of the Election Official as to the Results of the Canvass of the Assessment Ballots (the "Certificate of the Election Official'), a copy of which is attached hereto as Exhibit "A"; NOW THEREFORE BE IT RESOLVED, as follows: Section 1. The above recitals are true and correct. Section 2. The canvass of the votes on the assessment ballots cast in the District at the assessment proceeding held in the District on October 6, 2004, as shown in the Certificate of the Election Official, is hereby approved and confirmed. Section 3. The Proposition voted on at such proceeding received a unanimous vote of the qualified electors voting, and has carried. No electors filed written protests against the assessment. The Council is hereby authorized to take the necessary steps to levy the special assessments authorized by the Proposition, on all non-exempt property within the District, and to issue, from time to time as it determines appropriate, bonds for the benefit of the respective parcels of land within the District secured by such special assessments. Section 4. The City Clerk is hereby directed to enter the title of this Resolution on the minutes of the Council and to indicate the official declaration of the result of such assessment ballot proceeding. Resolution No. Page 2 Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. ADOPTED this 3rd day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM City Attorney V� EXHIBIT A CITY OF PALM SPRINGS, CALIFORNIA ASSESSMENT DISTRICT NO. 162 "THE VILLAS" (TRACT 29077) AND "48 @ BARISTO" (TRACT 30941) OF THE CITY OF PALM SPRINGS CERTIFICATE OF THE ELECTION OFFICIAL AS TO THE RESULTS OF THE CANVASS OF THE ASSESSMENT BALLOT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS ) I, Patricia Sanders, City Clerk in my capacity as Elections Official in the City of Palm Springs, California, DO HEREBY CERTIFY, that I did canvass the return of the votes cast at the assessment proceedings on October 6, 2004, held in ASSESSMENT DISTRICT NO. 162 "THE VILLAS" (TRACT 29077) AND "48 @ BARISTO" (TRACT 30941) OF THE CITY OF PALM SPRINGS I FURTHER CERTIFY that the Statements of All Votes Cast, to which this certificate is attached, shows the total number of ballots cast within the territory to be included within the District and the totals shown for such Proposition are full, true and correct. WITNESS my hand and Official Seal this 61h day of October, 2004. CITY OF PALM SPRINGS, CALIFORNIA, ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) L 6 y( City Clerk ASSESSMENT DISTRICT NO. 162 "THE VILLAS" (TRACT 29077) AND "48 @ BARISTO" (TRACT 30941) OF THE CITY OF PALM SPRINGS STATEMENT OF ALL VOTES CAST OCTOBER 6, 2004 Qualified Landowner Votes City of Palm Springs, Votes Cast YES NO Assessment District No. 162 'The Villas" (Tract 29077) and "48 @ ' e Baristo" (Tract 30941) of the City of Palm Springs, Assessment Proceeding, October 6, 2004 PROPOSITION SUBMITTED TO VOTE OF VOTERS: Shall the City of Palm Springs form Assessment District No. 162 and levy assessments for the purpose of providing funds and selling YES improvement bonds over a period not to exceed 25 years from the next September 2 following 90 days of the date of such bonds in an amount not to exceed $1,300,000 to pay for the acquisition and construction of public and utility improvements which specially benefit property in such Assessment District No. 162, such property also known as Tract No. NO 29077 and Tract No. 30941 and for the payment of costs of issuance, the funding of a reserve fund and capitalized interest in connection with such bonds? V RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT, LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND AUTHORIZING AND DIRECTING RELATED ACTIONS FOR ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) WHEREAS, this City Council of the City of Palm Springs (the "Council" and "City") adopted its Resolution of Intention No. 21058 (the "Resolution of Intention"), on July 21, 2004, for the acquisition and/or construction of certain public improvements in a special assessment district designated as Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo), hereinafter referred to as the "District"; and WHEREAS, this Council has approved boundary map and adopted the boundaries shown on such map as describing the extent of the territory included in the District; and WHEREAS, pursuant to the Resolution of Intention, an Engineer's Report, as therein provided, was presented, considered and approved; and WHEREAS, prior to the public hearing set for October 6, 2004, the Engineer of Work filed with the City Clerk a Final Engineer's Report (the "Engineer's Report") which revised the costs and expenses of the work, improvement, proceedings and financing, and revised the assessment roll without increasing the amount of any proposed assessment; and WHEREAS, the Engineer's Report of Albert A. Webb & Associates, as preliminarily approved and now presented in final form and on file with the City Clerk does contain all the matters and items called for by law pursuant to the provisions of the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California and Article XIII D of the California Constitution, including the following: 1. A general description of the public improvements to be included in the District; 2. Plans and specifications of the proposed improvements; 3. Estimate of cost; 4. Diagram of the District; 5. An assessment for the improvements according to benefits; and 6. A provision for maximum annual assessments for administration of the District; and WHEREAS, the Council fixed 7:00 p.m., or as soon thereafter as the matter may be heard, on Wednesday, October 6, 2004 at the Council Chambers, 3200 East Resolution No. Page 2 Tahquitz Canyon Way, Palm Springs, California 92262 as the place, date and time for a public hearing on the proposed improvements; and WHEREAS, notices of said public hearing were duly and regularly posted and mailed or waived in the time, form and manner required by law; and WHEREAS, assessment ballots have been received and all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and WHEREAS, a majority of the assessment ballots, weighted by value of assessment, have been submitted in favor of the proposed assessment and the owners of more than one-half (1/2) of the area being assessed for the cost of the proposed improvements did not file written protests against the proposed improvements, and the Council did, after providing a full hearing and, to the extent such were received, overrule and deny all protests and objections; and WHEREAS, the Council is now satisfied with the assessment and all matters contained in the Engineer's Report as now submitted. NOW THEREFORE BE IT RESOLVED, as follows: Section 1. The above recitals are all true and correct. Section 2. The Council hereby overrules each of the protests submitted, whether written or oral, being satisfied, based upon all of the information known to the Council and presented in the record of these proceedings, that the recommendations set forth in the Engineer's Report are in conformity with legal standards and requirements and that the recommended assessment has been established in a fair and equitable manner reflecting the estimated benefit to the respective parcels in proportion to such estimated benefits. Section 3. The Engineer's Report, including the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection therewith, is hereby approved and the assessment contained therein is hereby confirmed as filed. The total assessment to be levied therein is $1,300,000. Section 4. The public interest and convenience require the proposed improvements to be completed, and therefore it is hereby ordered that the work be done and the improvements constructed and/or acquired in the District, as set forth in the Resolution of Intention previously adopted and as set forth in the Engineer's Report presented and considered. Section 5. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the District as set forth in the Engineer's Report. Section 6. The Engineer of Work shall forthwith deliver to the Superintendent of Streets said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; the Superintendent of Streets shall then `� Y' Resolution No. Page 3 immediately record said diagram and assessment in his office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. Section 7. Upon confirmation of the assessment and recordation of the assessment diagram, a certified copy of the assessment diagram shall be immediately filed by the City Clerk in the office of the County Recorder of the County of Riverside. Immediately thereafter, a copy of the Notice of Assessment shall be completed and executed by the City Clerk and recorded in the office of the County Recorder in the County of Riverside in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California (the "Code"), whereupon said assessment shall become a lien upon the land on which it is levied, pursuant to the Code. Section 8. The Finance Director, upon the recording of the assessment diagram and assessment, is hereby directed to mail to each owner of real property within the District at the last known address, as the same appears on the tax rolls of the County of Riverside or as on file with the City Clerk, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment securing the series of bonds to be sold secured by such assessment, the date of recordation of the assessment, the time and place of payment thereof, the waiver of such payment period, if any, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Improvement Bond Act of 1915. The Finance Director shall provide notice by publication pursuant to Section 10404 of the Act. Such notice shall not be required following receipt by the Finance Director of any waiver of the cash payment period or notice requirements by the property owner. Section 9. There will be no cash payments from property owners on account of the assessments levied, since the record owners of all property assessed have waived the 30 day cash payment period and notice thereof, and a copy of such waiver is on file with the City Clerk, and there has been filed with the City Clerk a list, showing payments received and assessment amounts remaining unpaid (the "Unpaid List'). The City Council hereby finds and determines that authorized representatives of each of the owners of the parcels assessed in these proceedings has filed such a waiver to pay the assessments in cash within the 30-day cash payment period. Accordingly, the Council orders the Finance Director to proceed forthwith without the necessity of the 30 day cash payment period otherwise required to provide for the issuance, sale and delivery of limited obligation improvement bonds in a principal amount equal to the assessments levied. Section 10. The Finance Director is hereby directed to submit to the City Clerk the Unpaid List. Following receipt of the Unpaid List from the Finance Director, the Council intends to proceed with the issuance and sale of limited obligation improvement bonds (the 'Bonds") pursuant to the 1915 Act upon the security of unpaid assessments, bearing interest at a rate Resolution No. Page 4 not to exceed 12% per annum, with the last installment of the bonds to mature not to exceed twenty-five (25) years from the second day of September next succeeding ninety days (90) from their date. Section 11. The Council hereby authorizes the Treasurer of the County of Riverside (the 'Treasurer") to collect installments each fiscal year until paid of the assessment, as herein confirmed and remaining unpaid (following the waiver of the thirty day period), in the amounts provided by the Treasurer and remit such amounts received to the Finance Director, and confirms to the Treasurer that the requirements of State Proposition 218, approved in November 1996, have been met in the proceedings for the District. Section 12, Upon reconsideration of the penalty for delinquent assessments provided in Section 19 of Resolution 21058, adopted by the Council on July 21, 2004, the Council desires penalties for delinquent assessments to be imposed in accordance with the laws under which the assessments are levied, and the Council hereby amends Resolution 21058 by rescinding such Section 19. Section 13. This resolution shall take effect immediately upon its adoption. ADOPTED this 3`d day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM City Attorney RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND RATIFYING ALL ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE FORMATION OF ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARSITO), THE BALLOT PROCEDURE, PUBLIC HEARINGS, NOTICES OF HEARING, LEVY OF AND COLLECTION OF ASSESSMENTS, ISSUANCE OF BONDS, AND THE REQUIRED ACTS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, DIVISION 4.5 OF SUCH CODE, DIVISION 12 OF SUCH CODE, AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION; AND CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, this City Council of the City of Palm Springs (the "Council" and "City") has taken proceedings pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (the '1913 Act") for the formation of an assessment district, the levy and collection of assessments, the acquisition of public improvements, and the issuance of limited obligation bonds; and WHEREAS, the assessment district is identified as Assessment District No. 162, hereinafter referred to as the "District"; and WHEREAS, such proceedings are authorized under and pursuant to Division 4, 4.5, 10 and 12 of the Streets and Highways Code of California and Article XIII D of the California Constitution; and WHEREAS, the City Council decides to approve and ratify all actions heretofore taken in the manner set forth herein. NOW THEREFORE BE IT RESOLVED by, as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That all of the actions relative to the following are hereby approved and ratified: (a) Formation of the District; (b) The ballot procedure; (c) The conduct of public hearings; (d) The giving of notice of public hearings; (e) The confirmation, levy and collection of assessments; and (f) The compliance with the statutes and the Constitutional provision cited in the recital hereof. Resolution No. Page 2 Section 3. City Clerk is hereby authorized and directed to file this Resolution with the minutes of this meeting. ADOPTED this 3`d day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM _ City Attorney RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF LIMITED OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,300,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS, AND APPROVING RELATED AGREEMENTS AND ACTIONS RELATED TO ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) WHEREAS, this City Council of the City of Palm Springs (the "Council' and "City") has taken proceedings for the levy of assessments and the issuance of bonds under the provisions of the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code and the Improvement Bond Act of 1915, Division 10 of said Code (the "Act'); and WHEREAS, the Council has determined at this time to issue its City of Palm Springs 2004 Limited Obligation Bonds Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo), identified as Assessment District No. 162, in the aggregate principal amount of not to exceed $1,300,000 (the 'Bonds") for the purpose of providing funds to acquire and construct certain public improvements benefiting properties in Assessment District No. 162, to be secured by a pledge of and first lien on the revenues to be derived from the levy and collection of the assessments, which revenues are designed to be sufficient in time and amount to pay the principal of premium, if any, and interest on the Bonds as the same become due and payable; and WHEREAS, the Council wishes at this time to authorize all proceedings relating to the issuance of the Bonds, and to approve the execution and delivery of all agreements and documents relating thereto. NOW THEREFORE BE IT RESOLVED, as follows: Section 1. Adoption of Authorizing Procedures. The Council hereby authorizes the Bonds to be issued pursuant to the Act. Section 2. Issuance of Bonds- Approval of Fiscal Agent Agreement. The Bonds shall be issued in the maximum principal amount of not to exceed $1,300,000, pursuant to a Fiscal Agent Agreement, dated as of November 1, 2004, (the "Fiscal Agent Agreement'), by and between the City and BNY Western Trust Company, as Fiscal Agent (the "Fiscal Agent'). The Council hereby approves the Fiscal Agent Agreement in substantially the form on file with the City Clerk, together with any changes therein or additions thereto approved by the City Manager, City Attorney, Finance Director, the City Clerk or such other official of the City as may be designated by the Council (each an "Authorized Officer"), provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such changes or additions. The Council hereby authorizes and directs an Authorized Officer to execute, and the City Clerk to attest to the final form of the Fiscal Agent r Resolution No. Page 2 Agreement for and in the name of the City. The Council hereby authorizes the delivery and performance of the Fiscal Agent Agreement. The Council hereby directs the Finance Director and Treasurer to execute and the City Clerk to attest to the Bonds pursuant to the Act. As provided in the Fiscal Agent Agreement, the proceeds of the Bonds shall be applied by the City to acquire and construct certain public improvements as per the Engineer's Report. Section 3. Sale of Bonds. The Council hereby approves the sale of the Bonds by negotiation with Stinson Securities, LLC ( the "Underwriter"). The Bonds shall be sold pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") by and between the City and the Underwriter in the form on file with the City Clerk, together with any changes therein or additions thereto approved by an Authorized Officer, provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such additions and changes. The Bond Purchase Agreement shall be executed in the name and on behalf of the City by an Authorized Officer upon submission of a proposal by the Underwriter to purchase the Bonds; provided, however, that such proposal is acceptable to an Authorized Officer and is consistent with the requirements of this Resolution. The amount of Underwriter's discount shall be not more than 2.00% of the par amount of the Bonds and the true effective rate of interest to be borne by the Bonds (taking into account any original issue discount on the sale thereof) shall not exceed 7.00% per annum. Section 4. Official Statement. The Council hereby approves, and hereby deems final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the Preliminary Official Statement describing the Bonds in substantially the form on file with the City Clerk, with such changes as are approved by an Authorized Officer. An Authorized Officer is hereby authorized to execute an appropriate certificate stating the Council's determination that the Preliminary Official Statement has been deemed final within the meaning of such Rule. Distribution of the Preliminary Official Statement in connection with the sale of the Bonds is hereby approved. An Authorized Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such changes and additions. The Council hereby authorizes the distribution of the final Official Statement by the purchaser of the Bonds. The final Official Statement shall be executed in the name and on behalf of the City by an Authorized Officer. Section 5. Continuing Disclosure Agreement. The Council hereby approves the Continuing Disclosure Agreement between the City and BNY Western Trust Company, as dissemination agent, in substantially the form on file with the City Clerk, together with any changes therein or additions thereto approved by an Authorized Officer, provided that the execution thereof by an Authorized Officer shall be conclusive evidence of the approval of any such changes or additions. The Council hereby authorizes and directs an Authorized Officer to execute the final form of the Continuing Disclosure Agreement for and in the name of the City. Resolution No, Page 3 Section 6. Official Actions. Each Authorized Officer is hereby authorized and directed, for and in the name and on behalf of the City, to execute any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which he or she may deem necessary or advisable in order to consummate the issuance and sale of the Bonds and any of the other transactions contemplated by the documents approved pursuant to this Resolution. Whenever in this resolution any Authorized Officer is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such Authorized Officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 7. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. ADOPTED this 3rtl day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM City Attorney Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo) 01M Springs AD will Finance Approx $952,000 to Reimburse Developer for: Water and Sewer Facilities Street Construction Water, Sewer, Drainage Construction (Add'I Developer Funding $177,000) Acquisition Fund $952,000 Reserve Fund 107,000 Capitalized Interest 62,000 Underwriting/OID 39 000 Costs 140.000 Total Assessment $1,300,000 Bond Term — 25 Years Effective Interest Rate — 5.7% Overall Tax Rates: Villas (1,753 SgFt) 1.48% 48 @ Baristo (1,549 SgFt) 1.32% Value to Lien Exceeds City Policy of4to1 The Villas — 9 to 1 48 @ Baristo — 18 to 1 Overall — 11.5 to 1 Estimated Annual Assessment: Villas $1,595 48 @ Baristo $646 September 22, 2004 r M nnvnnvvnnvnnnnnnnnnnnnnnnnvv nvnn �j ass�s���eeea"sae"sasae"assesses"e""ee"ass"es � A o m z � N v�nvnvusa��Saea�aaaPoAa NR6fBMFImPoFI�NtAt m S n SS��SSSSS m . h ,K,Op N ...n......n ORRO ;11 A Xt of FAIRL^.PP3VVC a 2 A � O a s aTlm w v A 8 N N .rz '2ryk H ,fS'llL M.YG.SOlq N 14 O '�rLr N S°a3ThHYJ V°IN3AV B �a 11 moa o°anae m oa moa inNro rvnasnry o°m - �y�ISE Zft is �a lip Ix w ` i J o� N ASSESSMENT DIAGRAM _ z ASSESSMENT 01STR/CT NO. 162 ( TEE VL1AS AAD 48 @ BARISTO crrr OF PALM SMW4 CWJTY OF MVBMM STATE OF CALFOMA ZONE 2 7RACT NO. 30941 :-nor 4ZV4 A ARSWS ROAD .ounmArr 7WAYAx ox SITE R°t �a eor ,�sarr. ,vim $ I 7 ootaoal !oe-lm-wra PA4JN R6Y1 f 7 QFI n � Q � VICINITY KIP KTS rm•aysE 3a.1R• A L E R T A TH6 A�lT m,su„ �T sus�.,..srruTE E°T BARISTO R 0 A D CA PY¢L ff lA`U IIRIJfD MIiF01 l!E BIMIAIES ff 1FE A5�41[i!f oromsr. rrn�TAII$mrmrms TiE Eves ua xor ro sxE S E O C I A T s °noire ff imE m Pums cfPe�ro TrE mMr �s o•nruv ACE WA6 fLp F191nL 5FM i0(C+�, W.O. 0= RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) WHEREAS, the Finance Director (the "Finance Director") of the City of Palm Springs (the "City') has filed with the City Clerk a list of paid and unpaid assessments for Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo) ("List of Unpaid Assessments"), a copy of which list is attached to this resolution as Exhibit A and by this reference incorporated herein, certifying that 30-day period during which to pay such assessment has been waived by unanimous consent of the owners of property in Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo) and that no cash payments were received, and that the amount of assessments remaining unpaid is equal to the amount of assessments levied; and WHEREAS, the City Council of the City (the "Council') wishes to establish said amount as the amount of unpaid assessments and to ratify the amount of not to exceed $1,300,000 as the principal amount of limited obligation improvement bonds authorized and issued in these proceedings upon the security of said unpaid assessments. NOW THEREFORE BE IT RESOLVED, as follows: Section 1. Assessments Unpaid. This Council hereby finds and determines that, as set forth in the attached List of Unpaid Assessments, and there being no information to the contrary, the amount of assessments remaining unpaid in Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo) is the amount set forth in said List of Unpaid Assessments, and by separate resolution, this Council has authorized the issuance of limited obligation improvement bonds of the City in a principal amount to be established on the basis of said unpaid assessments. The principal amount of bonds to be issued shall be equal to the amount of assessments levied, rounded down, if necessary, to the nearest $5,000. Section 2. Transmittal to County Auditor. The City Clerk is hereby directed to transmit a copy of this resolution to the County Auditor-Controller of the County of Riverside, and said County Auditor is requested to proceed in accordance with Section 8682 of the California Streets and Highways Code in the collection of installments of these assessments and the interest thereon on the secured property tax assessment roll of the County, commencing with the 2005-06 tax roll. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption. V Resolution No. Page 2 ADOPTED this 3rd day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM City Attorney EXHIBIT A CITY OF PALM SPRINGS ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) CERTIFICATE OF PAID AND UNPAID ASSESSMENTS I HEREBY CERTIFY that (1) the 30-day cash collection period during which assessments may be paid in cash has been waived by unanimous consent of property owners in Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo) ("AD 162"), and no cash payments have been received in AD 162 in the City of Palm Springs, California, and (2) that the amount of assessments remaining unpaid in AD 162 is therefore equal to the principal amount of assessments levied, as indicated on the List of Unpaid Assessments attached hereto. Executed at Palm Springs, California, on November 3`d, 2004. Tom Kanarr Finance Director City of Palm Springs CITY OF PALM SPRINGS ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) LIST OF PAID AND UNPAID ASSESSMENTS [See Attached List of Unpaid Assessments] PAID ASSESSMENT: $0 UNPAID ASSESSMENTS: $1,300,000 V � 1 P A L M S P R I N G S A D N O 1 6 2 ( T H E V I L L A S & 4 8 @ B A R I S T 0 ) Date: 09/22/04 09:21 am Page: 1 C ON F I R M E D E N G I N E E R S R S P O R T A.V. LAND EASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME 4 ADDRESS A.V. PARCEL YEAR LEVIRD/PENDING AS FILED AS CONFIRMED 0010001 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120058-3 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010002 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,080.00 513120059-4 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010003 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120060-4 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010004 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120061-5 ATT: ERNEST VINCENT $0 180 E. ANDREAS PALM SPRINGS CA 92262 $66,965 0010005 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120062-6 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010006 PALM SPRINGS MODERN HOMES II $66,965 $0.00 $20,000.00 $20,000.00 513120063-7 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010007 PALM SPRINGS MODERN MOMS V $66,965 $0.00 $20,000.00 $20,000.00 513120064-8 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010008 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120065-9 ATT: ERNEST VINCE= $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010009 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120066-0 ATT: ERNEST VINCENT $0 44 PALM SPRINGS CA 92262 $66,965 P A L M S P R I N G S A D N O 1 6 2 ( T H E V I L L A S 4 4 8 Q E A R I S T O ) Date: 09/22/04 09:21 . Page. 2 C O'N F I R M S ➢ E N G I N E E R ' S R E P O R T A.V. LAND EASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME & ADDRESS A.V. PARCEL YEAR LEVIED/PENDING AS FILED AS CONFIRMED 0010010 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120067-1 ATT: ERNEST VINCENT $0 180 E. ANDREAS _________-- PALM SPRINGS CA 92262 $66,965 0010011 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120068-2 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010012 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120069-3 ATT: ERNEST VINCENT $0 180 E. ANDREAS PALM SPRINGS CA 92262 $66,965 0010013 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120070-3 ATT: ERNEST VINCENT $0 - 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010014 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120071-4 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010015 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120072-5 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010016 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120073-6 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010017 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120074-7 ATT: ERNEST VINCENT $0 ' 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010018 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120075-8 ATT: ERNEST VINCMI $0 PALM SPRINGS CA 92262 $66,965 OR dR �W MR P A L M S P R I N G S A D N 0 1 6 2 ( T H E V I L L A S 4 4 8 @ E A R I S T O ) Date: 09/22/04 09:21 . Page: 3 C O,N F I R M E D E N G I N E E R ' S R E P O R T A.V. LAND EASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME F ADDRESS A.V. PARCEL YEAR LEVIED/PENDING AS FILED AS CONFIRMED 0010019 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120006-9 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010020 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120077-0 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010021 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120078-1 ATT: ERNEST VINCENT $0 180 E. ANDREAE ----------- PALM SPRINGS CA 92262 $66,965 0010022 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120079-2 ATT: ERNEST VINCENT $0 180 E. ANDREAE ----------- PALM SPRINGS CA 92262 $66,965 0010023 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120080-2 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010024 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120081-3 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010025 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120082-4 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010026 PALM SPRINGS MODERN MOMS V $66,965 $0.00 $20,000.00 $20,000.00 513120083-5 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010027 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120084-6 ATT: ERNEST VINCENT $0 180 E. SA ___________ PALM SPRINGS CA 92262 $66,965 i 3 S m m m m P A L M S P R I N G S A D N O 1 6 2 ( T H E V I L L A S h 4 8 @ E A R I S T 0 ) Date: 09/22/04 09:21 . Page: 4 C O N F I R M E D E N G I N E E R ' S R E P O R T A.V. LAND EASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME 4 ADDRESS A.V. PARCEL YEAR LEVIED/PENDING AS FILED AS CONFIRMED ------------_____________________________ ------______z------__------ _________ 0010028 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000 00 513120085-7 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010029 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120086-8 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010030 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120087-9 ATT: ERNEST VINCENT $0 160 E. ANDREAS PALM SPRINGS CA 92262 $66,965 0010031 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120088-0 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,995 0010032 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120089-1 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010033 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120090-1 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010034 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120091-2 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010035 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120092-3 ATT: ERNEST VINCENT $0 180 E. ANDRE ___________ PALM SPRINGSRINGS C CA 92262 $66,965 0010031 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513120093-4 ATT: SANEST VINCENT _-- 180 E. ANDREAS PALM SPRINGS CA 92262 $66,965 mm � � P A L M S P R I N G S A D N 0 1 6 2 ( T H E V I L L A S & 4 8 ® B A R I S T O ) Date: 09/22/04 09:21 . page: 5 C 0 N P I R M E D E N G I N E E R ' S R E P O R T A.V. LAND BASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME E ADDRESS A.V. PARCEL YEAR LEVIED/PENDING AS FILED AS CONFIRMED 0010037 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141017-1 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010038 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141018-2 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010039 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141019-3 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010040 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141020-3 ATT: ERNEST VINCE" $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010041 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141021-4 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010042 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141022-5 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010043 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141023-6 ATT: ERNEST VINCENT $0 180 E. ANDREAS __._______- PALM SPRINGS CA 92262 $66,965 0010044 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141024-7 ATT: ERNEST VINCENT $0 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 0010045 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 513141025-8 ATT: ERNEST VINCE" $0 PALM SPRINGS CA 92262 $66,965 i mMs' MwmitimmArmmimm a P A L M S P R I N G S A D N 0 1 6 2 ( T H E V I L L A S & 4 8 @ E A R I S T O j Date: 09/22/04 09:21 . Page: 6 C O N F I R M E D E N G I N E E R ' S R E P O R T A.V. LAND EASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME 4 ADDRESS A.V. PARCEL YEAR LEVIED/PENDING AS FILED AS CONFIRMED 0010046 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $zo 000.00 513141026-9 ATT: ERNEST VINCENT $0 180 E. ANDREAS __------_-- PALM SPRINGS CA 92262 $66,965 0010047 PALM SPRINGS MODERN HOMES V $66,965 $0.00 $20,000.00 $20,000.00 $0 512141027-0 ATT: ERNEST VINCENT 180 E. ANDREAS ----------- PALM SPRINGS CA 92262 $66,965 00200DI PALM SPRINGS MODERN HOMES 11 $1,069,603 $0.00 $384,000.00 $360,000.00 508100041-7 ATT: ERNEST VINCENT $0 180 E. ANDREAS --__------- PALM SPRINGS CA 92262 $1,069,603 TOTAL LAND: $4,216,958 $0.00 $1,324,000 00 $1,300,000 00 TOTAL IMPROVEMENTS $0 ------------ TOTAL PARCEL: $4,216,958 7�