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HomeMy WebLinkAbout5/21/2008 - STAFF REPORTS - 1.C. A. F A LM Sp4 'Z U N r+ �OM"nrev ^fin r'041FORN01 CITY COUNCIL STAFF REPORT May 21, 2008 PUBLIC HEARING Subject: APPROVAL OF TWO CONSTRUCTION REFUND AGREEMENTS WITH FRANK J. BURGESS RELATED TO OFF-SITE STREET IMPROVEMENTS From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY In 1980, the City Council established a policy for reimbursement of costs for installation of all types of off-site improvements, as a way to promote the construction of off-site improvements by private parties that benefit other property owners. Frank Burgess has developed his property, which required construction of off-site street improvements and installation of new fire hydrants that benefit other property owners. In accordance with established City Council policy, two construction refund agreements are recommended for approval. RECOMMENDATION: 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION REFUND AGREEMENT FOR STREET IMPROVEMENTS BETWEEN THE CITY OF PALM SPRINGS AND FRANK J. BURGESS;" and 3) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION REFUND AGREEMENT FOR FIRE HYDRANTS BETWEEN THE CITY OF PALM SPRINGS AND FRANK J. BURGESS;" and 4) Authorize the City Manager to execute all necessary documents. Item No. 1 . V . Burgess Construction Refund Agreements May 21,2008 Page 2 STAFF ANALYSIS: In 1980, the City Council adopted a policy for reimbursement of costs for installation of all types of off-site improvements. The Council recognized that there is a need for additional off-site improvements beyond the boundaries of a particular building site in many instances, and that in those cases, the public convenience and necessity requires installation of off-site improvements across the frontage of vacant lands which are properly the financial responsibility of the owners of that vacant land. Over time, the City has used this established policy to help individual property owners recover costs for extension of sewer lines and construction of street improvements. In accordance with the policy, a Reimbursement Agreement is written to identify the total cost of the off-site improvements and the share of the cost assigned to off-site properties. The terms of the Reimbursement Agreement provides that the City will use its best efforts to collect the cost of off-site improvements from the owner of the property adjacent to the off-site improvements at the time of development of that property (through an entitlement or "condition" of development). Once collected, the City will reimburse the collected share of cost to the original developer who paid for the off-site improvements. In this case, Frank Burgess developed four adjacent vacant lots in the commercial/industrial area located west of Indian Canyon Drive, between San Rafael Road and Radio Road. The City's approval of his development required that he construct street improvements on Anza Road and Del Sal Road. In order to adequately construct these street improvements, off-site improvements were constructed adjacent to two other vacant lots immediately adjacent to Mr. Burgess' developed lots. Additionally, the City's Building Department required that two new fire hydrants be installed to provide adequate fire protection for the new buildings; these fire hydrants also benefit six other properties in addition to the four vacant lots developed by Mr. Burgess. In accordance with the City's policy, certified letters were sent to the off-site properties that benefit from the street improvements and fire hydrants constructed by Mr. Burgess, giving notice of a property owners' meeting. The property owners' meeting was held on March 28, 2008, however, other than Mr. Burgess, none of the affected property owners attended. In consultation with the City Attorney, two Construction Refund Agreements are recommended for approval, with one establishing reimbursement for off-site street improvements, and the other establishing reimbursement for installation of fire hydrants benefiting off-site properties. The Construction Refund Agreement for off-site street improvements establishes an equitable share of the construction cost of $97,902.87 to the six properties benefiting from the street improvements (four of which are owned by Mr. Burgess). Therefore, in accordance with the terms of the Agreement, an equal share of $16,317.15 will be apportioned to the other two vacant lots, to be collected by the City at the time these two lots are developed. Burgess Construction Refund Agreements May 21,2008 Page 3 The Construction Refund Agreement for the fire hydrant construction establishes an equitable share of the construction cost of $34,504 to the eight properties benefiting from the fire hydrants (two of which are owned by Mr. Burgess). Therefore, in accordance with the terms of the Agreement, an equal share of $4,313 will be apportioned to the other six lots, to be collected by the City at the time these lots are developed or otherwise apply for a discretionary permit. Notice of the Public Hearing was provided to all affected property owners by certified mail, and a Public Hearing notice was published in the Desert Sun, FISCAL IMPACT: None. David J. Barakian Thomas J. Wil on' Director of Public Works/City Engineer Assistant City Manager 7 David H. Ready, Cit er ATTACHMENTS: 1. Construction Refund Agreements (2) 2. Resolutions (2) CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND FRANK J. BURGESS, TRUSTEE. CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) NO. This Construction Refund Agreement (Street Improvements), hereinafter referred to as "Agreement," is made and entered into this day of 2008, between the City of Palm Springs, California,a municipal corporation, hereinafter referred to as "City,' and Frank J. Burgess, hereinafter referred to as "Developer." Whereas, the City has established a policy for reimbursement of costs for off-site improvements by City Council Resolution No. 13487 dated August 6, 1980, and Resolution No. 16031 dated October 15, 1986, which are attached hereto, marked as Exhibit'A" and hereby made a part of this Agreement; and Whereas, prior to the approval of this Agreement the Developer was the legal owner of Parcels identified as Assessor Parcel Numbers 669-443-001, 669-443-002, 669-443-006 and 669-443-007 of Parcel Map 16349 recorded in Book 669, Page 44, record of Riverside County; and Whereas, the Developer performed his required obligation to construct the off-site street improvements and paid the construction costs; and Whereas,the off-site street improvements that are the subject of this Agreement have been dedicated to public use by the Developer, and have been accepted by the City; and Whereas,the City has determined that benefit from the construction of the off-site street improvements on Anza Road and Del Sol Road will accrue to the properties as delineated on the exhibit identified as "Boundary Map" attached hereto, marked Exhibit "C," and hereby made a part of this Agreement; and Whereas, the City has determined that said benefit will be in direct proportion to the properties identified by Assessor Parcel Numbers 669-443-001, 669.443-002, 669-443-006, 669-443-007, 669-451-001 and 669-451-004, records of Riverside County, as shown on the Assessor's Parcel Maps, attached hereto as Exhibit'B," and hereby made a part of this Agreement; and Whereas,the Developer, in accordance with the Council Resolution No. 13487 and Resolution No. 16031 has requested that the City and the Developer enter into this Agreement to reimburse the Developer costs associated with the off-site street improvements which benefit the identified properties; and Whereas,the Developer has submitted a financial statement of construction costs totaling$97,902.87 for the off-site street improvements which include invoices from Cruz Cat Tractor, Casey's Concrete, Garrett Concrete Coring & Sawing, Roger's Grading, Excavation & Demo, Sladden Engineering, D&L Wheeler Enterprises, Superior Ready Mix Concrete,Tops N Barricades and Desert WaterAgency,as shown on the attached Summary of Payments, marked Exhibit"D," and made a part of this Agreement; and Whereas, it is in the best interests of the Developer and the City to establish this Agreement to provide for an equitable apportionment of costs associated with the construction of the off-site street improvements to properties benefiting from the off-site street improvements. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the City and the Developer, it is hereby agreed that: Page 2of5 sazazs i SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit"B"abutting the off- site street improvements on Anza Road and Del Sol Road shall pay to the City the amounts shown herein. The assessments listed herein shall be collected at such time when a building permit is issued to the properties shown on Exhibit"B"whenever allowed by the Municipal Code. Upon receipt of such payment, City shall pay the Developer the assessments shown herein. The assessment for each parcel is hereby established at a calculated benefit for six (6) properties equitably spread over a total cost of$97,902.87 as follows: Assessor's Parcel No. Assessment Street Address 1. 669-443-001 $16,317.15 3540 Anza Road, Palm Springs 2. 669-443-002 $16,317.15 3560 Anza Road, Palm Springs 3. 669-443-006 $16,317.15 3591 Del Sol Road, Palm Springs 4. 669-443-007 $16,317.15 3585 Del Sol Road, Palm Springs 5. 669-451-001 $161317.15 Vacant Lot- 3520 Anza Road 6. 669-451-004 $16,317.15 Vacant Lot-3581 Del Sol Road Total costs of street improvements: $97,902.90* TOTAL DUE TO DEVELOPER: $32,634.301 The above assessment represents the proportionate distribution of costs of the off-site street improvements construction. Note: * The total assessment is $0.03 more than the total cost due to rounding. ** The total reimbursement due to the developer is equivalent to the total costs of the off-site street improvements less the assessments proportionate to Parcels No. 669-443-001, 669-443-002, 669-443- 006 and 669-443-007 which are owned by the Developer. SECTION 2. Payment._ Developer shall inform the City Manager within ten (10) days of the execution of this agreement of Developer's current address. Developer shall immediately inform the City Manager if Developer's address changes. Any payment shall be sent to the Developer at the written address on file with City. If Developer does not have a written address on file with City, City shall retain the assessment. No interest shall accrue on any amount due. SECTION 3. Successors. The right of Developer to receive payment as stated herein shall not be transferable to successors and assigns but shall remain personal with Developer. SECTION 4. Collection. Developer shall be liable for all costs, expenses, attorneys'fees and other fees incurred by City in collecting any payment from an assessee. Before taking any action to collect payment from an assessee, the City may demand that the Developer deposit the reasonable estimated cost of collection and the Developer shall make said deposit prior to City taking action to collect said payment. The City shall have complete and absolute discretion in determining whether to take action to collect a payment from an assessee and shall have no obligation to take said action. SECTION 5. No 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 forthe collection of the assessments stated in Section 1 above, or for the payment of such sums to Developer. SECTION 6. Amendment. The parties hereto mutually agree that this agreement maybe amended at Page 3 of 5 any time by the mutual consent of the Developer and City and by recordation of an instrument in writing. SECTION 7. Integration. It is understood that there are no oral agreements between the parties hereto affecting this agreement and this agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this agreement. Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency. This agreement incorporates all the understandings of the parties. SECTION 8. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SECTION 9. Recordation. The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside, California. In witness whereof, the City and the Developer has hereunto caused this Agreement to be executed the day and year first above mentioned. DEVELOPER: Frank J. Burgess r ature (Please sr tary State ent on the next page) ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By. City Attorney Attachments: 1. Exhibit A: Resolutions 13487/August 6, 1980 and 16031/October 16, 1986 2. Exhibit B: Assessors Parcel Maps 3. Exhibit C: Boundary Map 4. Exhibit D: Summary of Payments Page 4of5 Q� � d 562833 1 State of California) )ss. County of Riverside ) r On A-0V I� c�, aCY38 before me, �Arri6 V)I C Wan ��rJ'1C Date Name and Title bf Officer personally appeared &aK IC �. �U l s-s� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware- subscribed to the within instrument and acknowledged to me that he/AteAhey executed the same in his/herfdleir authorized capacity{ies), and that by bis/herAhcir signatures(s) on the instrument the person(o, or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califorlua that the foregoing paragraph is true and correct. CABBIE ROVNEY WITNESS my hand and official seal Commissio_OMYCornrn. Notary 164E583 } Nofary public-Coll(omiaRiverside County Expires Mar26,2010 Signature of Notary P tic Page 5of5 000007 561833.1 EXHIBIT "A" Resolution No. 13487 / August 6, 1980 Resolution No. 16031 / October 15, 1986 aaaa�� CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) 2 .e ( .a Maded by � u. 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 casts 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. 8 b I 2'IFs 8 b 2 RES. NO. 13487 Page 2 Nothing in this policy shall be deemed to preclude the formation Of assessment districts, local improvement districts, or any other, alternative method of effecting the installation of and payment for such improvements. ADOPTED this 6rh day of Au uet 1980. AYES: Counoilmembere Beirich, Field, ortmer, Rose and Mayor Doyle NOES: Bone ABSENT: gone ATTEST_ CITY OF PW SPRINGS. CALIFORNIA DY —` puty City Clerk City lanag r REVIEWED & APPROVED _ u . 000a1 0 RESOLUTION NO. 16031 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING AND ESTABLXSUXNG PROCEDURE FOR IMPLEMENTING POtXCY 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 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. 13467, adopted August 6, 1980, the City Council established its policy relative to .reimbursement of costs for all types of off-site improvements, and now desires to refine and augment the procedures for implementing that policy; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Balm 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. (I 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 he sent to the address shown on the latest equalized assessment roll, and to Such other address as is known to be the correct address of the person to be notified. z. 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, Improvements, d. Any other matters reasonably related to reimbursement for such improvements and the effect upon such owner's property. 3. Following such hearing, or if no such hearing is requested, then at any time at least 21 days after the date of mailing of said notice, if the Director of Community Development or his designee finds that the public convenience and necessity requires (1) installation of such improvements prior to development of said property, and (2) installation other than by the owner or lessee, then the Director of Community Development or his designee shall direct that said improvements be installed forthwith subject to reimbursement of the cost thereof at the time of issuance of building permit for development of said property. 4. Such installation may be made by the City, or may be required to be made as a condition of any discretionary approval of development of other property which would be served by or would otherwise benefit, directly or indirectly, from the installation of said improvements. 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 it, as and when collected, o the person who incurred such costs. Any such reimbursement agreement shall include a sufficient legal description of each parcel of real property to be charged with such costs. Such agreement shall be recorded in the office of the County Recorder of Riverside County, and a copy thereof shall be mailed to the owner of each parcel or interest to be charged with such costs, 6. The Director of Community Development shall cause to be recorded in the office of the County Recorder of Riverside County a Notice of obligation to Reimburse Cost of off-Site Improvements in each instance where 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 zeal 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 Notice of Obligation to Reimburse Cost of off-Site Improvements, the cost of such improvements charged to such parcel shall be collected as a part of and in addition to any other tees or charges to be collected, and shall thereupon be paid over to the person entitled thereto. n 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 RESOLUTION NO. 16031 Purpose. 9. Nothing in this policy shall be deemed to preclude the formation of assessment districts, local improvement districts, or any other alternative method of effecting the installation of and payment .for such improvements. ADOPTED this . 15th day of October 1986. AYES: Councilmembers Birer, Foster, and Mayor Bogert NOES: None ASSENT; Councilmembers Apfelbaum and Smith ATZ'ES_ CITY OF PALM SPRINGS, CALIFORNIA r By( �{ . C1ty C er; �" fty Manager REVIEWED & APPROVED. EXHIBIT "B" Assessor's Parcel Maps CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) 66944 7,GA.RII=O44 2 41 SE N 4 SE4 SEC. 34 T. 3 S R.4 E. n.vs maa es Fat ass'essvevr xncas85 utr - - - --- - - - - - - - - - - - - - -- 4I -- - -- - - — � MAR 212W LAS VEGAS — � F 1 © 441 e i � sr ror..s_rc • E � F '11}.1i i f.T Ar! 7 o RADIO eJ•aa'E. .k Le ` RD. 33 M R.[! !O 30 ]d..S - the • e ,ie .R N 1 T. �a O O • - NM n,s- rzG• 2 3 q Q f OFJ ® O 6 rux>r Z F o ] TC Q O 0 .� IZ 71 I A I E C �WLr • RD. rrr ss . ` 45 I n aae r-� M.B. 23183 WRIGN7• & LEONARD 7•RACT P.M 90/1,2 Parcel Mop 16349 r..wvRro f. �`658 2r' %m •sr-s 1,sr DATA R55{/52-55, SE Lbr. � IS.13 O / IS6L ASSESSOR'S Amp BK.669 PO 44 JUNE 1968 RIVERSIDE CW'N7Y CALIF C2 �T] 669-45 rC.A. a1-o4s S2 SE4 SE4 SEC.34 7- 011-D44 TI#S M9P is FOR A95fS5.kfiyT FLwPgsE}` LYGY --- 44 -- - - - - --- - -- - -- - - - FiAR212096 Y 30 r9 Jtc.as fr-K e2 i � v'" _i � Y:! � OA31S .Si• 33 "'r 1 ice.se 19 : 29 O h 4 • F uafc ((.�'�IXr I Ft V { 035rY±O5 36 37 fa m r n 4J ® © I ! © ♦ ® r�/es.a �� ♦� � ® cfOAy O[Ckfl f _ a sa.n na x �.E ` � ara•[ t0 k —_ — — a.w.. R95Aga © � lil � 2e x DEL—SOL l'`•.x z.T 1• ! . ..<e. 43 sT ® Q 2.30Acr ,{ 2fi 2+ x3 zs zt rrsA I on-ctaa k ' es is.ad tc x a. •• •• 6 5 ♦• 'rAA S L1'I .I5 `•S r RO �� 33 :p ® ^' 9 B T ® a ® . 2 F ^ ® ® ® f TRR OII-014 p k 11 5 Y TRA •n� _ _ _ •_ i aArt ao rro en.an s Par (SAN RA EL P IA CEl _ _ __ x s.fi>Ac rsFrSsx Z ese..s t.sr • F 60 .S.ST r/{aT V e r/bS fSA>I .. lJ ® 41 fio p ao Q -or rsz.1T rs,sT y L55Ac f O 6CAcI r 9ara { --- —' — ' _ — — — — SAN RA FA EL .a.>»• T. 4s. a .,i.,..,;•.x v °�+e'�35 N rE -.x. .vnr — — — — — — — — — — — .— — _ _ DR. as 3 {2 alo a.ys _504 — — — — — — — — — — — — fe JF act �>r yr Y° M.8.23/83 iYRIGHT& LEONARD I2 II w 'M TRACT we sr v. vm n n ev rr N B•29/1 1 SW7HCAND TRRCr DAM RS 5+/52-55. 55/29-32 i:l-I! 51-59 7i4 AZES50R's MAP'BK. 669 PG. 45 n JUNE 1968 RIYERSIDE COUNTY, CALIF. Q Cn EXHIBIT "C" Boundary Map ODQQ�. 7 CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) RADIO ROAD F07 -----------84.95 115 i 84.92' �D'I o' 2 3 4 D' � rn 5 6 100' i 110' 115' 10107" I G,0 100.03' 164.04 164.03 32 ^ 669-443-D02 669-443-006 2 i 3560 ANZA R➢. 3591 DEL SOL RD. 100' SON 1a h q 669-443-001 669-443-007 I yry 3540 ANZA RD. 3585 DEL SOL R➢. 100' _l 'o ;n Jo ;n 669-451-001 669-451-004 8579 f00 , " ^ I 3520 ANZA RD. 3381 DEL SOL RD. g 19 n 164.02' 164.01' rn ' 110.64' 29 n I 1 36 n 37 " 700' I R 25 139.07" ^ 139.95' ww 20 _ W _----- -• .96.. 26 100" 0 42.94 68' 68 68' Jo.9 ?s_ 74.58 h v�27 ° 26 ° 25 ° 24 23 n 22 21 6 100' � 68' 1 68' 68' 1 68' 68' 158.90' of PA41I C9 co BOUNIJARKAlAP SCALE: ,• • 100' EXHIBIT "D" Summary of Payments CONSTRUCTION REFUND AGREEMENT (STREET IMPROVEMENTS) 0 0 0 019 STREET IMPROVEMENTS REIMBURSEMENT SUMMARY OF PAYMENTS Made by Prank J. Burgess Amount paid: Check No. /Date Cruz Cat Tractor Service $2,100.00 6811 - 8/18/06 Cruz Cat Tractor Service $4,500.00 6865 - 10/12/06 Cruz Cat Tractor Service $2,630.00 6986 -2/27/07 Casey's Concrete $43,954.68 6866 - 10/12/06 Garrett Concrete Coring& Sawing $490.00 6933 - 12/22/06 Roger's Grading, Excavation $10,000.00 6936 - 12/27/06 Sladden Engineering $268.00 6958 - 1/15/07 Sladden Engineering $268.00 7015 -3/28/07 D&L Wheeler Enterprises $11,468.99 6973 -2/10/07 D&L Wheeler Enterprises $15,381.01 6974 -2/10/07 Superior Ready Mix Concrete $6,063.12 6985 - 2/27/07 Tops N Barricades $259.70 Bank of Am.-Statement January 2007 Desert Water Agency $276.23 6840 - 9/13/06 Desert Water Agency $243.14 6977-2/10/07 Total Construction: $97,902.87 Note; The back-up documents (copies of invoices and checks - 66 pages) are available for review at the Public Works and Engineering Department, 0 0 a 0 2 0 CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND FRANK J. BURGESS, TRUSTEE, CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) NO. This Construction Refund Agreement(Fire Hydrants), hereinafter referred to as"Agreement,"is made and entered into this day of 2008, between the City of Palm Springs, California, a municipal corporation, hereinafter referred to as "City," and Frank J. Burgess, hereinafter referred to as °Developer." Whereas, the City has established a policy for reimbursement of costs for off-site improvements by City Council Resolution No. 13487 dated August 6, 1980, and Resolution No. 16031 dated October 15, 1986, which are attached hereto, marked as Exhibit"A," and hereby made a part of this Agreement; and Whereas, prior to the approval of this Agreement the Developer was the legal owner of Parcels identified as Assessor Parcel Numbers 669-443-001, 669-443-002, 669-443-006 and 669- 443-007 of Parcel Map 16349 recorded in Bock 669, Page 44, record of Riverside County; and Whereas, the Developer performed his required obligation to construct the off-site street improvements and paid the construction costs; and Whereas,the off-site street improvements that are the subject of this Agreement have been dedicated to public use by the Developer, and have been accepted by the City; and Whereas,the City has determined that benefit from the construction of the off-site street improvements on Anza Road and Del Sol Road will accrue to the properties as delineated on the exhibit identified as "Boundary Map" attached hereto, marked Exhibit "C," and hereby made a part of this Agreement; and Whereas, the City has determined that said benefit will be in direct proportion to the properties identified by Assessor Parcel Numbers 669-443-001, 669-443-007, 669-451-001 669-451-004, 669-452-001, 669- 452-002, 669-452-012, and 669-452-058, records of Riverside County, as shown on the Assessor's Parcel Maps, attached hereto as Exhibit "B," and hereby made a part of this Agreement; and Whereas,the Developer, in accordance with the Council Resolution No. 13487 and Resolution No. 16031 has requested that the City and the Developer enter into this Agreement to reimburse the Developer costs associated with the off-site street improvements which benefit the identified properties; and Whereas,the Developer has submitted a financial statement of construction costs totaling$34,504.00 for the off-site street improvements which include invoice from Desert Water Agency, as shown on the attached Proof of Payments, marked Exhibit"D," and made a part of this Agreement; and Whereas, it is in the best interests of the Developer and the City to establish this Agreement to provide for an equitable apportionment of costs associated with the construction of the off-site street improvements to properties benefiting from the off-site street improvements. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the City and the Developer, it is hereby agreed that: SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit"B"abutting the off- site improvements (Fire Hydrants) on Anza Road and Del Sol Road shall pay to the City the amounts Page 2of5 600021 562934 1 shown herein. The assessments listed herein shall be collected at such time when a building permit is issued to the properties shown on Exhibit"B"whenever allowed by the Municipal Code. Upon receipt of such payment, City shall pay the Developer the assessments shown herein. The assessment for each parcel is hereby established at a calculated benefit for eight (8) properties equitably spread over a total cost of$34,504.00 as follows. Assessor's Parcel No. Assessment Street Address 1. 669-443-001 $4,313.00 3540 N. Anza Road, Palm Springs 2. 669-443-007 $4,313.00 3585 Del Sol Road, Palm Springs 3. 669-451-001 $4,313.00 Vacant Lot- 3520 N. Anza Road 4. 669-451.004 $4,313.00 Vacant Lot- 3581 Del Sol Road 5. 669-452-001 $4,313.00 Vacant Lot- 3573 N. Anza Road 6. 669-462-002 $4,313.00 Vacant Lot-3545 N. Anza Road, 7. 669-452-012 $4,313.00 255 W. Oasis Road, Palm Springs 8. 669-452-058 $4,313.00 3580 Del Sol Road, Palm Springs Total costs of street improvements: $34,504.00 TOTAL DUE TO DEVELOPER: $25,878.00* The above assessment represents the proportionate distribution of costs of the off-site street improvements construction. Note: * The total reimbursement due to the developer is equivalent to the total costs of the off-site street improvements less the assessments proportionate to Parcels No. 669-443-001 and 669-443-007 which are awned by the Developer. SECTION 2. Payment. Developer shall inform the City Manager within ten (10) days of the execution of this agreement of Developer's current address. Developer shall immediately inform the City Manager if Developer's address changes. Any payment shall be sent to the Developer at the written address on file with City. If Developer does not have a written address on file with City, City shall retain the assessment. No interest shall accrue on any amount due. SECTION 3. Successors. The right of Developer to receive payment as stated herein shall not be transferable to successors and assigns but shall remain personal with Developer. SECTION 4. Collection. Developer shall be liable for all costs, expenses, attorneys'fees and other fees incurred by City in collecting any payment from an assessee. Before taking any action to collect payment from an assessee, the City may demand that the Developer deposit the reasonable estimated cost of collection and the Developer shall make said deposit prior to City taking action to collect said payment. The City shall have complete and absolute discretion in determining whether to take action to collect a payment from an assessee and shall have no obligation to take said action. SECTION 5. No Representations or 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. 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. 561834 1 Page 3 of 5 0OZS n 022 SECTION 7. Integration. It is understood that there are no oral agreements between the parties hereto affecting this agreement and this agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties,and none shall be used to interpret this agreement. Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency. This agreement incorporates all the understandings of the parties. SECTION 6. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SECTION 9. Recordation. The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside, California. In witness whereof, the City and the Developer has hereunto caused this Agreement to be executed the day and year first above mentioned. DEVELOPER: Frank J. Burgess Si a ure/ (Please otary Staten44nt on the next page) ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By: City Attorney Attachments. 1. Exhibit A: Resolutions 13487/August 6, 1980 and 16031/October 15, 1986 2. Exhibit B: Assessors Parcel Maps 3. Exhibit C: Boundary Map 4. Exhibit D. Proof of Payments Page 4 of 5 5G4F3h I State of California) )ss. County of Riverside ) On fly, � 0' before me,�, e- RDVYI C 1 v D� Pl. k h-6 Date Name and Ti) e of Officer personally appeared a J 9UF�eSs _ N e(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(.5) whose name(s) isAe& subscribed to the within instrument and acknowledged to me that he/AiA4tey executed the same in hisihedthefr authorized capacity(ies), and that by hishh� signatures(s) on the instrument the person(s), or the entity upon behalf of which the personfs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal CARRIEROVNEY Commission# 1648583 _ I J dI��C_J V Nolcry Public-Calllomla LfAlu Riverside Counly Signature of Notary P i"I-cc QMyC0MM.EXpiresMar26,20I0 Page 5of5 ®®�� .9628341 EXHIBIT "A" Resolution No. 13487 / August 6, 1980 Resolution No. 16031 / October 15, 1986 DDDS�� � CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) 2'/r ':rendod by RESOLUTION NO. 13487 I w OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A POLICY FOR REIMBURSEMENT OF COSTS FOR INSTALLATION tOF 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 goad 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 cast 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. 8 b 1 1r 8 b 2 RES. NO. 13487 Page 2 Nothing in this policy shall he deemed to preclude the formation Of assessment districts, local improvement districts, or any other alternative method of effecting the installation of and payment for such improvements. ADOPTED this 6th day of August 1980. AYES: Coun.cilmembers Beirich, Field, Ortner, Rosa attd Mayor Doyle NOES: None ABSENT: None ATTEST: CITY OF PAL SPRINGS, CALIFORNIA By ( ��. `Deputy City Clerk City anagdr REVIEWED & APPROVED_ u° 1 - f RESOLUTION NO. 16031 OF THE CITY COUNCIL OF THE CITY OF PALL SPRINGS CALIFORNIA, AMENDING AND ESTABLISHING PROCEDURE FOR IMPLEMENTING POLICY FOR REIMBURSEMENT OF COSTS FOR INSTALLATION OF ALL TYPES OF OFF-SITE IMPROVEMENTS. WHEREAS the developer of vacant land has the responsibility for providing off-site improvements to the centerline of adjacent 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 61 1980, the City Council established its policy relative to reimbursement of costs for all types of off--site improvements, and now desires to refine and augment the procedures for implementing that policy; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, does hereby reaffirm its policy relative to - reimbursement of costs for installation of all types of off-site improvements and restates said policy as follows; As used in this Resolution, the term "off-site ' improvements" shall include, without limitation thereby, the half street, concrete curb, gutter, sidewalk, and bicycle path and landscape strip, all in / accordance with adopted standards. Off-site improvements the provision of which would be the responsibility of the developer of adjacent property at the time of development of said property, may be installed in advance of development of said property, subject to reimbursement at the time of development of said adjacent property, in the following manner; 1. Notice of necessity to install off-site improvements shall be given by the Director of Community Development or his designee to the owner of each parcel of property to be charged with the cast 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 address as is known to be the correct address of the person to be notified. 2. Within 20 days of the date of mailing said notice, the owner or lessee of said property may requestea hearing by the Director of Community Development or his designee, and if requested shall be given an opportunity to be heard as to: a, The necessity for installation of such improvements prior to such owner's development of his property, OOdO 28 b. The necessity for such installation by any party other than such owner, improvements, d. Ainy other matters reasonably related to reimbursement for such improvements and the effect upon such ownerfs property. 3. Following such hearing, or if no such hearing is requested, then at any time at least 21 days after the date of mailing of said notice, if the Director of Community Development or his designee finds that the public convenience and necessity requires (1) installation of such improvements prior to development of said property, and (2) installation other than by the owner or lessee, then the Director of Community Development or his designee shall direct that said improvements be installed forthwith subject to reimbursement of the cost thereof at the time of issuance of building permit for development of said property. 4. Such installation may be made by the city, or may be required to be made as a condition of any discretionary approval of development of other property which would be served by or would otherwise benefit, directly or indirectly, from the installation of said improvements. 5. If such improvements are installed as a condition of approval of development of other property, the City shall offer to the developer of such other property to enter into a reimbursement agreement which shall provide that the City shall use its best efforts to collect the cost of such installation from the owner or lessee of the property adjacent to such improvements at the time of development of such adjacent property, and to reimburse such costs if, as and when collected, �e the person who incurred such costs. Any such reimbursement agreement shall include a sufficient legal description of each parcel of real property to be charged with such costs. Such agreement shall be recorded in the Office of the County Recorder of Riverside County, and a copy thereof shall be mailed to the owner of each parcel or interest to be charged with such costs. 6. The Director of Community Development shall cause to be recorded in the Office of the County Recorder of Riverside County a Notice of Obligation to Reimburse Cost of Off-Site improvements in each instance where such reimbursable 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 ftrr development of any parcel subject to such Notice of Obligation to Reimburse Cost of off-Site Improvements, the cost of such improvements charged to such parcel shall be collected as a part of and in addition to anv 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 F1 a 7 by the City to any person of the cost of installation ®©a Q 2`3 Of any off-site improvements except to the extent that the City shall have actually received payment for that RESOLUTION NO. 16031 purpose. 9. Nothing in this policy shall be deemed to preclude the formation of assessment districts, local improvement districts, or any other alternative method of effecting the installation of and payment for such improvements. ADOPTED this . 75th day of October AYES: Councilmembers Birer, Foster, and Mayor Bogert NOES. None ABSENT: Councilmembers Apfelbaum and Smith ATTES_ CITY OF PALM SPRINGS, CALIFORNIABy , '�e�- `�tnnager REVIEWED & APPROVED. 1 1 EXHIBIT "B" Assessor's Parcel Map CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) 669-44 T C.A. 044 N2 ,F 24-41-l 4 SE SEC. 34 T. 3 S. THfS AlAP l5 FA4 .a.utxusvr susw.sfs aser LAS ' VEGQS -- — — — — -- — —I L — ._ __J � I MAR 21 100B 9 T o. o 1 i i srr zov m n d I rut I _ F I , 43 rzf.r .r. - RADIO A T"— i9�' ses•io•s o3reef 2 F O ® 400 Rr Ar! la a • pp 15 14 13r• 12 Q � � O39 � 39 O £ J 4 •I i Q I OASIS RD. n Rrwe •.a I 4'S 1 \ M.6.R3183 WRIGHT & IEONARO TRAC7' PM 9. 0/1,2 Porcel Map 16349 L}` 4i `rills N / 6582]^ OA TR RS 5{ 29-32 m se �r w.s.n/zr fl IP.IS J(IIyE 1968 ASSESSORS MAP 9K.669 p6,44 RNERslPF cwwrY CALIF ^ n 0lJ 669- 45 TCA. on-oa5 S2 SE¢ SE" 9EC.34 T3S. R.4E. o1l o / rms MAP A9SE4£HEM Prs}ft?S5 p1xY i �� 44 NO21 �0°8 l o ro - rcc.s.- Ics.ez i OASIS A F _ zer Q $ O 35, 35 ® 9 wer [ I[a.• Q I? I9• [ rG9.96 • � 29 O A 4 fX f PY V y 111 5 36 37 .e ?�� ® e anav oma.w • 51*4 e 0.mec= 0.9®r I C 2a C A F� 4 DEL—SOIL s• s "� ` ssl x• r Q e k ® r wer 2fi 25 24 � 2S 22 2! TRA , k i� I a/ M.t L OJ.Q99 9 @ T. @ 3 tRa It. w ••s r rm c k ® ` TRA ' � I _ I n Rs.r. _ — —— ISAN RA EL PLA CEl re ces.w nu.ro I• a ` Tr r.T s .s sr E.iTAc ® i • SI-/0 sS,sT SlIn ® 41 V Q c iS !Tf!a[6T ST l.SSFc Y O 6Bp[1 © h rit d]f.`9a< 11 ?! fSI.IT r/•ST � Y SAN RAFAEL •"" T as ^'i•.•� N v � — .GO 135 DR. b 312 r E / EI I WRIGNT& LEONARD TRACT 12 1c Raj U �' '•' M.B.29/11 .SOU MLAND TRACT'H 1 1l 50 0.• .. UAr4 RS 5#/52-55� S5/29-32 n isx.ro r-sT' u,c crr.rz as-n sa�3 er'IE�R. ASSESSOR'S MAP'BY 669 pG 45 ro JU4E 19£3 RIVERSI9E COUNT$ C.4LIF. Q d C=:1 C� CJ EXHIBIT "C" Boundary Map 0 ©0924 CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) RADIO ROAD 75.07' rl p� 84.95 115 tih I 84.92' 0 1 0 0' o' 2 3 4 5 h s s ' 700' EXISFHNG 110' 175' 103.0T /No IZI 700.03' 164.04' 164.03' �I EXIS NMI 11797 669-443-002 2 669-443-006 2 0 p n �2 n QI 3560 ANZA RD. 3591 DEL SOL RD. I D4� N moo" 100' 31 h 669-443--001 669-443-007 4�'y EX, 3540 ANZA RD. 3585 DEL SOL R➢. 85.06' FH NEW' H 669-452-001 - ' h 85.79' FHA 669-451-001 669-451-004 AN RD I 3520 ANZA RD. 3581 DEL SOL RD. 669-452-012 p 255 ❑ASIS RD. 669-452-002 I h 764.02' 164.07' 10 110.84' 3545 N trj ANZA RD, I 37a 669-452-058 R� 6 139.95' 3^ 3580 DEL SOL h 100 i m / ai o r2g 28 ^ EXI FHNG 6� f00' 0 4294 68' 68' 68' 0.9 ?s" 14.58 h � � 27 26 25 24 ° 23 22 21 a 0 100' 68' 68' 68' 68• 68' 158.90, pF PALA( `£o ti % wp BOUNDAIRYMAF 0 0 0 a SCALE: 1' = 100' EXHIBIT "D" Proof of Payments CONSTRUCTION REFUND AGREEMENT (FIRE HYDRANTS) F7homas kieley III •w, �-1 Desert Water Agency President 1200 Gene Autry Trail South Ronald E Starr; Vice President P.O.Box 1710 DESERTWAT E R P.Gillar Boyd,Jr. Palm Bpnngs CA 92263-1710 Setretary/ireasurer Telephone 760 323-9971 Wi111am"Bill'Byrne Fax 760 325-6505 Patna G.Oygar 06" www.dwa.org David K Luker General Manager Chicl Engineer Best,Best&Krieger Geneml Counsel Krieger&Stewart Consulting Engineers July 20, 2006 Burgess Family Trust Attn: Frank Burgess P.O. Box 54 Banning, CA 92220 RE: STORAGE CENTERS— 3585 DEL SOL & 3540 ANZA ROAD Dear Mr. Burgess: This Agency proposes to provide domestic. water service to the above-mentioned project and has established fees and charges for providing such service. "Charges on Statement" are established amounts and not subject to adjustments. Prices are subject to change without notice. "Adjustable Funds" are estimates"only,-subject to any price change and open to final accounting.- Any mon;es.remaining-aboy„e actual costs will be returned to you and any difference above estimates will be billed to you.. Our estimate of costs for charges and work to be done by this Agency is as follows: I. CHARGES ON STATEMENT Plan Check Fee...............................:..........$100.00 TOTAL ON STATEMENT................................$100.00 r4tDPJS7AFFJpan0elVOuryess 9v FS[Z y Cy DESERTAWATER Burgess Page 2 July 20, 2006 II. ADJUSTABLE FUNDS 1 Public Commercial Fire Hydrant on Del Sol Rd............................$17,036.00 1 Public Commercial Fire Hydrant on Anza Road ............................ 17,368.00 TOTAL AD3USTABLE FUNDS...................$34,404.00 TOTAL CASH REQUIREMENT..................$34,504.00 Material required for work to be done by Agency forces will be ordered upon receipt of the above cash requirements. As orders may take up to 120 days for material deliveries, please allow for this time in your schedule. Sincerely, DESERT , WATER AGENCY DE Debbie A. Randall Senior Service Planner DAR/Idp C/LDF/STAFFjRandalypurg=Sry FSr2 � 'y/ ;��,; i junE:'�4a�M.e_i.-&k+'+�_—m_.r�.icel��dwi: 1. .�+-. :'�'y _ � �" �.�;da�m.�rv�eS�vn'6{i�t^'�fii`r::�',LWb�K'�i:. t l' n ��-j �iLSt +�ar �V^y,�a.�'..4 � ��� i �' '�� 1 . ?,�. r i e7C`�' ''.ice'^ � ..�1,M1�,�,/ r�,� zrr �' .�� .per. a .�',i=mQ'�a�Y�. e�.� su v^��}}b,c.� .^A`3;5^roY'�.d.ZF' i Yli• 'JiY`� S �(Fxfs\:. ..:`1 �YIM�y.. v _. r ir,.r .'Fi�.Sil f �.r Y) 1 T.r..:j(i5 w7f. n� v °lµ,. �1e1" i �'. I'xaA.n'�_e`+'M�.... 1 . . n,' �'�... �Fi �.{'L�� � I S � N�Jy �I I{�� � ��i�� I:_ 1 h� r J i 1/ ��UiA� � J v,•,t ti` ryryOUi-tl��• � - N¢�,T al ZILM I% tt i , Cr ''l; IW4+s yf u'i iy tr t ,.•,y e ir. ^�� ' ` 0 0 .�i ATTACHMENT RESOLUTION 0000� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION REFUND AGREEMENT FOR STREET IMPROVEMENTS BETWEEN THE CITY OF PALM SPRINGS AND FRANK J. BURGESS WHEREAS, by Resolution No. 13773 of the City Council, dated April 15, 1981, a policy was established for the reimbursement of costs for installation of all types of off-site improvements; and WHEREAS, Frank Burgess has caused to be constructed at his expense off-site street improvements in Anza Road and Del Sol Road, which has been constructed to City standards and accepted by the City as public improvements; and WHEREAS, the proposed Construction Refund Agreement provides for collection of a proportionate assessment of costs associated with the off-site street improvements to the properties benefiting from the off-site street improvements; and WHEREAS, the assessment collected from the benefiting property owners shall be reimbursed by the City to Frank Burgess at the time a permit for development of the property is applied for by the benefiting property owner, and in accordance with the terms of the Construction Refund Agreement. NOW THEREFORE BE IT RESOLVED as follows: 1. The City Council of the City of Palm Springs does hereby approve the Construction Refund Agreement for street improvements between the City of Palm Springs and Frank Burgess. 2. The City Clerk shall cause to be recorded the Construction Refund Agreement with the Riverside County Recorder. 3. The terms and obligations set forth in the Construction Refund Agreement shall incur and apply to the benefiting property during the term of the Agreement, as may be amended or extended. Resolution No. Page 2 ADOPTED this 21st day of May, 2008, David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) S$. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 21, 2008, by the following vote: AYES: NOES. ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California 0000 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONSTRUCTION REFUND AGREEMENT FOR FIRE HYDRANTS BETWEEN THE CITY OF PALM SPRINGS AND FRANK J. BURGESS WHEREAS, by Resolution No. 13773 of the City Council, dated April 15, 1981, a policy was established for the reimbursement of costs for installation of all types of off-site improvements; and WHEREAS, Frank Burgess has caused to be constructed at his expense fire hydrants on Anza Road and Del Sol Road, which has been constructed to City standards and accepted by the City as public improvements; and WHEREAS, the proposed Construction Refund Agreement provides for collection of a proportionate assessment of costs associated with the fire hydrants to the properties benefiting from the fire hydrants; and WHEREAS, the assessment collected from the benefiting property owners shall be reimbursed by the City to Frank Burgess at the time a permit for development of the property is applied for by the benefiting property owner, and in accordance with the terms of the Construction Refund Agreement. NOW THEREFORE BE IT RESOLVED as follows: 1. The City Council of the City of Palm Springs does hereby approve the Construction Refund Agreement for fire hydrants between the City of Palm Springs and Frank Burgess. 2. The City Clerk shall cause to be recorded the Construction Refund Agreement with the Riverside County Recorder. 3. The terms and obligations set forth in the Construction Refund Agreement shall incur and apply to the benefiting property during the term of the Agreement, as may be amended or extended. Resolution No. Page 2 ADOPTED this 21st day of May, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 21, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 0 James Thompson, City Clerk City of Palm Springs, California CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: May 21, 2008 Subject: Construction Refund Agreements with Frank Burgess for Anza Road and EI Sol Road and Oasis Road. AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, 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 May 1, 2008. 1 declare under penalty f perjury that theforegoing is true and correct. / olores Strict s£ein, Secretary AFFIDAVIT OF PUBLICATION I, James Thompson, 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 May 3, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. `mes Thompson, City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a Public Hearing with respect to the consideration of two Construction Refund Agreements between the City of Palm Springs, California, and Frank Burgess, the terms of which provide for the reimbursement to Frank Burgess For costs associated with construction of off-site street improvements and installation of fire hydrants in Anza Road and Del Sol Road, which benefits adjacent properties. The properties subject to the terms of the Agreements and the proposed assessment are: APN STREET ADDRESS ASSESSMENT 669-451-001 3520 Anza Road $16,317.15 (street improvements) 669-451-001 3520 Anza Road $4,313.00 (fire hydrant installation) 669-451-004 3581 Anza Road $16,317.15 (street improvements) 669-451-004 3581 Anza Road $4,313.00 (fire hydrant installation) 669-452-001 3573 Anza Road $4,313.00 (fire hydrant installation) 669-452-002 3545 Anza Road $4,313.00 (fire hydrant installation) 669-452-012 255 W. Oasis Road $4,313.00 (fire hydrant installation) 669-452-058 3580 Del Sol Road $4,313.00 (fire hydrant installation) TOTAL: $58,512,30 A Public Hearing to consider approval of the two Construction Refund Agreements shall be held on May 21, 2008. The City Council meeting begins at 6:00 P.M. in the City Council Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs, California. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council of the City of Palm Springs by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 If any individual or group challenges approval of the proposed Construction Refund Agreements in court, issues raised may be limited to only those issues raised at the Public Hearing described in the notice or in written correspondence submitted at, or prior to the City Council Hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to George Farago, Associate Civil Engineer, Department of Public Works and Engineering, (760) 323-8253, ext. 8743. Si necesita ayuda con esta carta, porfavor [lame a la Ciudad de Palm Springs"y puede " hablar con Felipe Primera telefono (760) 323-8253, ext. 8742. mes Thompson City Clerk PROOF OF PUBLICATION This IS SPOCC fOt COunly Clerk's Filing Stamp (2015.5.C.C.P) SPATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen years,and not a party to Or inferesled in the above-cnlitled matter. 1 am the principal clerk of printer Of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been No.1447 NOTICE OF PUBLIC HEARING adjudged a newspaper of general circulation by the CITY COUNCIL CITY OF PALM SPRINGS Superior Court of the Coomy of Riverside,State of NOTICE IS HEREBY GIVEN [hat the Ci1v CCuncil California under the date of March 24, 1988.Case Of ma City of Palm Springs California,will hold a Pu6- Number 191236; that the notice,of which the Ile Hearing with respect to [he conaidemtion of two Construction Refund Agreements between the City cf annexed is a printed copy(set in type not smaller of lm Sgriings,provide for California,c rembu Frank But ass the Joan, Bur than non pariel,has been published in each regular gea6 for costa B9Saciated with cons[ructlon of off-Silo street Improvements and inetellatwn of tiro by f off s in and entire issue of said newspaper and"Ot in any Antu Road and Del Sal Road,which beire h adjacent supplement thereof on the following dates,to wit: Amreomenta and°n°B males subject(a the farms of the g P poaed assessment am, May3rd,2008 APN STREETADORESS ASSESSMENT 669AS1-001 3520 Anze Road S1631715 —-------—_—__—__—__— "�",_"'"'"" (street impprovemenl5) 669-451-oo 3520 Ahza Road 54,313.aa 669-451.00d (fire hydrant installation) ___________________....,.,. _______________________________ 3571 Ann Road 116.317.15 All in the year 2008 669-151-004 3501 Ann Road(street i1mTOve ants) tio 669.452-oat 3573 Anza Roadlm hydrant installation) (Ilre hydrant ins�llation) l certify(or declare)undeT penalty of perju ry that the 669-452-002 3545 Ann floatl s4,313oo foregoing is true and co rreet. 669452.012 255 W.Oasis Roatl a by ra t installation) n 669.452-0593580 gel Sal hoadire by n'31Sapplotion) Dated at Palm Springs,California this----7 ',----day - _ __ (fire hydrBntmsjallatkn) . TOTAL: S6E,512.30 of---------- May --- ,2008 A Public Hearinq to consider approval of file two Con- struction Refund Agreements shall be hold on Mayy 21, 2008. Tha City Council mpjlingg begins at 6,00 P.M.In the City Council Chamber of CIry Hall locgt�d et 3200 s 7ahqulR Canyon Way,palm 3Spangs Callfomn, 4..... COMMENT ON THIS APPLICATION - Response ---------------- alit f-----v------__---------------- to this notice can be made verbally at the Public Hear- ( �f Ing andror In wnting before the hearing Wdppn COm- _ menls may be made to Ina CIry Council Of[he Cny of _ - Palm springs by loner(for mall of hand gahvery)to 0 L rj JEMa200E Tangmutz Canyon ay P O Box 2743 L"l cn — r,� Palm Springs,CA 92269 JIt any individual or group challenges approval of the Proposed Construction Refund Agranmenl5 In court,is. [(,k; CID sues raised may be limited to only those issues raised I at'no Public Hoaring described in the notice aria writ- L:y Council Hearingenca submitted at,of poor to the City < esee Pelrsons[anise Fiver)at Ouestlo�S,regardinlgnthis 4 aase may be directed to George Farago, Aseocl619 Civil Engineer,Department of Public Works and Engi- C'V c neonng,(760)323-5253,ext.974a, SI neceslta ayude can eats Cana Porfavor(lame a to Ciudad do Palm 5pd Prmnm telelono(70)n38 y puade hahlat con Fahpe 53.B d,8742. James Thompson P4blkhed;5MOe Cry plerk