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HomeMy WebLinkAbout9/1/2004 - STAFF REPORTS (24) DATE: September 1, 2004 TO: City Council FROM: Director of Public Works/City Engineer BELARDO ROAD SEWER CONSTRUCTION REFUND AGREEMENT RECOMMENDATION: It is recommended that the City Council, after hearing testimony submitted during the Public Hearing, consider approval of a Sewer Construction Refund Agreement between the City of Palm Springs and Canyon Gate, LLC, a California Limited Liability Company. SUMMARY: In accordance with the terms of the Sewer Construction Refund Agreement, the vacant property that may connect to the public sewer main extension in Belardo Road will be required to reimburse the City an equitable assessment for the construction of the off- site sewer extension, prior to the issuance of a sewer construction permit. The reimbursement is a proportionate share of the costs associated with the off-site sewer extension performed by Canyon Gate, LLC, as part of their development of Tract Map 30454 ("Canyon Gate"). Upon receipt of the assessment from the benefitting property, as identified in the Agreement, the Agreement provides for the reimbursement of the assessment to Canyon Gate, LLC, when it is received. BACKGROUND: Canyon Gate, LLC, a California Limited Liability Company was the owner of the vacant property located at 635 S. Belardo Road, which was subsequently approved by the City Council as Tentative Tract Map 30454 on May 1, 2002, subject to conditions. The nearest public sewer main was located in Ramon Road at Belardo Road, therefore, included in the conditions of approval was the requirement to extend a new public sewer main in Belardo Road as necessary to provide sewer service to the proposed single family homes within Tract Map 30454. In accordance with the City's requirement, Canyon Gate, LLC, solicited The Van Dyke Corp. to construct the public sewer main extension. The total cost to extend the public sewer main in Belardo Road was $75,164,50. This total cost is the gross amount that may be assessed to the property owner who benefits from the off-site sewer extension in Belardo Road and is now able to connect to the public sewer main. The public sewer main extension was inspected by City staff and has been accepted by the City Engineer, On October 14, 2003, Canyon Gate, LLC requested that the City establish a Sewer Construction Refund Agreement to reimburse them for costs associated with the off-site sewer extension in Belardo Road. Under the terms of the Agreement, there is only one property adjacent to Belardo Road that will benefit from the off-site sewer extension. The property is the vacant 4.19 acre parcel of land at the southwest corner of Ramon Road and Belardo Road. This property is Tribal Trust land, held in trust for an individual allottee. Originally, staff expected that the properties located along the east side of Belardo Road would benefit, and participate in the reimbursement. However, the commercial and retail buildings located between S, Palm Canyon Drive and Belardo Road (i.e. Wells Fargo Bank, McDonald's, and the Sun Belardo Road Sewer Construction Refund Agreement September 1, 2004 Page 2 Center), are currently serviced by private sewer systems that connect into the public sewer main in S. Palm Canyon Drive. Therefore, these properties do not benefit from the extended sewer in Belardo Road and are not subject to any assessment for reimbursement of the cost to extend the sewer. Therefore, the assessment for this Agreement was established as 100% of the cost of the off-site sewer extension, and is considered as an equitable benefit to the one property benefitting from the off-site sewer extension in Belardo Road. Another important point is the fact that if development of Tract Map 30454 had not occurred, and development of the vacant property at the southwest corner of Ramon Road and Belardo Road had occurred first, a standard City requirement would be to extend public sewer along the frontage of the property. Therefore, the cost to construct the off-site sewer extension in Belardo Road adjacent to the vacant property would be an expected and customary cost of development of that parcel. The Agreement establishes terms for payment of the assessment, which is paid to the City and then reimbursed to Canyon Gate, LLC. Payment of the assessment is required at the time a permit is applied for connection to the public sewer main. The assessment is not paid, nor is any requirement to pay the assessment imposed until such time that a request is made for a sewer connection permit. The vacant property will be subject to payment of the assessment at the time development is proposed and connection to the public sewer main is required. As there is no guarantee that the vacant property will develop, the Agreement stipulates that there is no guarantee by the City that the assessment will be collected during the term of the Agreement, which is ten years, but may be extended upon mutual agreement of the City and Canyon Gate, LLC. In order to determine that the proposed assessment was equitably spread, and that the affected property owner was aware of the potential assessment to be levied against their property, City staff originally scheduled a property owner's meeting on January 6, 2004. As the property owner is an individual Tribal member, a certified letter was delivered to the property owner via the Bureau of Indian Affairs on December 12, 2003. There was no response to the City's December 12 letter, nor did the affected property owner or a representative attend the scheduled property owner's meeting. A subsequent letter was sent on May 5, 2004, via certified mail to Mr. Joseph A. Roman, an attorney representing the individual Tribal member. The letter advised the affected property owner of the City's intent to consider the Agreement, which had been tentatively scheduled for the June 2, 2004, City Council meeting. Again, there was no response to this second notice. In light of the issue regarding consideration of an assessment to be levied against Tribal land, staff consulted with the City Attorney's office and discussed the issues relating to this Agreement. As disclosed in the letters to the affected property owner, staff reiterated the fact that payment of the assessment is not required until a permit is issued for sewer connection. As the property is currently vacant, the reality is that whoever develops the property and applies for the sewer connection permit (usually the developer or contractor) is liable for payment of the assessment. It is likely that this Tribal property will be developed under a master lease with a developer, and the costs of developing the property (including payment of the assessment created by this Agreement) are the responsibility of the lessee, not the owner. Aoh� Belardo Road Sewer Construction Refund Agreement September 1,2004 Page 3 The Public Hearing is the final opportunity for affected property owners to participate in the review and approval of the proposed Agreement. A final copy of the proposed agreement and notice regarding the Public Hearing was forwarded to the property owner, through their attorney, via certified mail on April 2, 2004. A Public Notice was published in the local newspaper regarding the Public Hearing and proposed assessments to be levied against the property. SUBMITTED: jai DAVID J. BARAKIAN Director of Public Works/City Engineer APPROVED: DAVID H. READY City Manager 6;;;� ATTACHMENTS: 1. Resolution 2. Sewer Construction Refund Agreement PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY, CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK 3200 E.TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 SPACE ABOVE FOR RECORDER'S USE ONLY SEWER CONSTRUCTION REFUND AGREEMENT Title of Document 911 PCHrIrS� A H1��;� F-- 03RM R E-'C-' U'8 N L Y 60:41 SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND CANYON GATE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY SEWER AGREEMENT NO. This Sewer Construction Refund Agreement, hereinafter referred to as "Agreement," is made and entered into this_day of 2004, between the City of Palm Springs, California, a municipal corporation, hereinafter referred to as "City", and Canyon Gate, LLC, a California Limited Liability Company, hereinafter referred to as "Developer. Whereas, the City has established a policy for sewer refund agreements by City Council Resolution No. 13487 dated August 6, 1980, and Resolution No. 16031 dated October 15, 1986, which are attached hereto, marked as Exhibit "A"; and Whereas,the Developer was, prior to this Agreement,the applicant and owner of Tentative Tract Map 30454, conditionally approved by the City of Palm Springs on May 1, 2002; and Whereas, a Final Map, Tract Map 30454,was approved by the City of Palm Springs on December 18, 2002, and subsequently recorded in Book 329, Pages 20-22, records of Riverside County, a property located on Belardo Road, delineated on the plat"Belardo Road Sewer Construction"attached hereto, marked as Exhibit "B"; and Whereas, the Developer as a condition to the City's approval of Tentative Tract Map 30454, was required to construct a sewer line extension within Belardo Road adjacent to the property identified by Assessor's Parcel No. 513-280-005, also delineated on the plat "Belardo Road Sewer Construction", attached hereto, marked Exhibit "B", and as described on Exhibit "C"; and Whereas, the off-site sewer extension that is the subject of this Agreement has been dedicated to public use by the Developer, and has been accepted by the City; and Whereas, the City has determined that benefit from the construction of the off-site sewer extension in Belardo Road will accrue to the property connecting to the off-site sewer extension, as delineated on the plat"Belardo Road Sewer Construction", attached hereto, marked Exhibit"B", and as described on Exhibit "C"; and Whereas, the City has determined that benefit from the construction of the off-site sewer extension in Belardo Road will not accrue to existing commercial properties along the east side of Belardo Road and adjacent to South Palm Canyon Drive due to the fact that these properties are currently served by a private sewer system that connects into the public sewer system in South Palm Canyon Drive, said properties identified by Assessor's Parcel No.'s 513-280-010,513-280-013,513-280-015,513-280-016, 513-280-017, and 513-280-018, as delineated on the plat"Belardo Road Sewer Construction", attached hereto, marked Exhibit "B", and as described on Exhibit "C"; 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 sewer extension which benefits the identified property;and Whereas, the Developer has submitted a financial statement of construction costs totaling$75,164.50 for the off-site sewer extension which includes an invoice from The Van Dyke Corporation Pipeline Contractor, dated September 23, 2003, a copy of which is attached hereto marked Exhibit "D", and made a part of this Agreement; and Page 1 of 3 Whereas, it is in the best interests of the Developer and the City to establish this Agreement to provide for an equitable apportionment of costs associated with the construction of the off-site sewer extension to the property benefiting from the off-site sewer extension. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the City and the Developer, it is hereby agreed that: SECTION 1. Assessments. Developers, owners, or lessees of the property shown on Exhibit"B"and described on Exhibit"C"abutting the off-site sewer extension in Belardo Road shall pay to the City the amount shown herein, in addition to the sewer connection fee in effect at such time prior to a permit being issued for connection to the off-site sewer extension. Upon receipt of such payment, City shall pay the Developer the assessment shown herein. The assessment for the benefiting property is hereby established at a calculated benefit for one (1) property as follows: Assessor's Parcel No. Assessment Street Address 1. 513-280 005 $75,164.50 503 South Belardo Road TOTAL DUE TO DEVELOPER $75,164.50 The above assessment represents the proportionate distribution of the cost of the construction of the off-site sewer extension. 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. Term. This agreement shall terminate ten (10) years from the date of the agreement first above written, unless extended by mutual agreement of the parties. Following termination, City shall have no obligation hereunder. Page 2 of 3 cX)w . �+ 7 SECTION 7. Amendment. The parties hereto mutually agree that this agreement maybe amended at any time by the mutual consent of the Developer and City and by recordation of an instrument in writing. SECTION 8. Integration. It is understood that there are no oral agreements between the parties hereto affecting this agreement and this agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this agreement.Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency.This agreement incorporates all the understandings of the parties. SECTION 9. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SECTION 10. Recordation. The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside, California. In witness whereof,the City and the Developer has hereunto caused this Agreement to be executed the day and year first above mentioned. DEVELOPER: Canyon Gate, LLC, a California Limited Liability Company (Notarized Signature) Printed Name and Title ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By: City Attorney Attachments: 1. Exhibit A: Resolutions 13487 and 16031 2. Exhibit B: Belardo Road Sewer Constructions 3. Exhibit C: Legal Description of Benefiting Property 4. Exhibit D: Financial Statement of Construction Costs Page 3 of 3 voll fl4v" II .04 1-hA ava zzd 11UQ RLt5H1Ht ;P WYNOLH, LLP (A 005/005 SECTION 7. Amendment. The parties hereto mutually agree that this agreement maybe amended at any time by the mutual consent of the Developer and City and by recordation of an instrument in writing. SECTION 8. Integration. It is understood that there are no oral agreements between the parties hereto affecting this agreement and this agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if eny, between the parties, and none shall be used to interpretthis agreement.Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency.This agreement incorporates all the understandings of the parties. SECTION 9, Authority, The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duty organized and existing,(ii)they are duly authorized to execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SECTION 10. Recordation, The City Clerk shall record this Agreement in the Recorders 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. DEVELOPEP- Canyon Gate, LLC, a California Limited Liability Company (Notarized Signature) _ Printed Name and Title ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By' f e City Attorney Attachments: 1. Exhibit A: Resolutions 13487 and 16031 1'1ge3ot3 EXHIBIT "A" n ended brp �3J 26. RESOLUTION N0. 1.3487 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. R 1 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 6th day of August 1980. AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle NOES: None ABSENT: None ATTEST: CITY DF PAL 4 SPRINGS, CALIFORNIA Deputy City Clerk City Manager REVIEWED & APPROVED_ LVz,'/ RESOLUTION NO. 16031 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, AMENDING AND ESTABLISHING PROCEDURE FOR IMPLEMENTING POLICY FOR REIMBURSEMENT OF COSTS FOR INSTALLATION OF ALL TYPES OF OFF-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 6, 1980, the City Council established its policy relative to reimbursement of costs for all types of off-site improvements, and now desires to refine and augment the procedures for implementing that policy; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, does hereby reaffirm its policy relative to reimbursement of costs for installation of all types of off-site improvements and restates said policy as follows: As used in this Resolution, the term "off-site improvements' shall include, without limitation thereby, the half street, concrete curb, gutter, sidewalk, and bicycle path and landscape strip, all in I 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 cost of such improvements, or in the case of leased tax-exempt land, to the owner of a taxable possessory interest. Such notice shall be given by personal service or by certified mail. In the event of service by certified mail, the notice shall be sent to the address shown on the latest equalized assessment roll, and to such other address as is known to be the correct address of the person to be notified. 2. Within 20 days of the date of mailing said notice, the owner or lessee of said property may requestea hearing by the Director of Community Development or his designee, and if requested shall be given an opportunity to be heard as to: a. The necessity for installation of such improvements prior to such owner's development of his property, b. The necessity for such installation by any party other than such owner, 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. . 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 casts if, as and when collected, o the person who incurred such costs. Any such reimbursement agreement shall include a sufficient legal description of each parcel of real property to be charged with such costs. Such agreement shall be recorded in the Office of the County Recorder of Riverside County, and a copy thereof shall be mailed to the owner of each parcel or interest to be charged with such costs. 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 real property to be charged with such costs, the amount to be charged to each such parcel, and a statement that such cost is deemed to be a charge upon said parcel, to be paid at the time of issuance of building permit or other entitlement for development of each such parcel. 7. Upon application for issuance of building permit for development of any parcel subject to such Notice of Obligation to Reimburse Cost of Off-Site Improvements, the cost of such improvements charged to such parcel shall beother fees collected s a part of and in addition to any o other fees or charges to be collected, and shall thereupon be paid over to the person entitled thereto. 8: Nothing herein shall be deemed to require payment by the City to any person of the cost of installation of any off-site improvements except to the extent that the City shall have actually received payment for. that RESOLUTION NO. 16031 purpose. 9. Nothing in this policy shall be deemed to preclude the formation of assessment districts, local improvement districts, or any other alternative method of effecting the installation of and payment for such improvements. ' ADOPTED this . 15th day of October . , 1986. AYES; Councilmembers Birer, Foster, and Mayor Bogert NOES: None ABSENT: Councilmembers Apfelbaum and Smith ATTES CITY OF PALM SPRINGS, CALIFORNIA By( City Clerk City Manager/ REVIEWED & APPROVED. '1. EXHIBIT "B" cxx)AX 29-46 513-28 N112 NE114 NE114 SEC 22, 7 45,R.4E. 2/ I I I RAMON ROAD l' / 1 `1 • , �/�' i h Par2 •' 1 I Poc/ 40 3 076t Ac r IX /✓I l :�; Po,Pro soW / Zt I RArPoI! 0 Z9AC+ /✓✓i /1/1 X /� I P/ (� DI IXSAe_ e PO,l 'y I OFF-SITE SEWE,/ = I el/'EXTF,N I[P / I Pur2 176AC Bo 3 97-.EY1842 CL1bY0 P.1.40.'8L5 /1'wc57&0/ I/ ; '•J i / — 'u u 10 19 20 21 22 LOT H i \ .rvsrhnes-rtsno <d I / I •� _ 1� P3 aoo I 15 I 26 28 27 14 24 25 NON-PARTICIPATING 13 Now v 0=s? � SEWER LINE 5•PVE 5 PUE t� I o 32 12 ' 3 8 29 0 I 11 � 37 2 I v ��� Ao• a .us, u 3' 10 \ / 3 I 5a, I C `4Q9991A 9 pz 8 7 6 5 4 (1 h 557.20' ,,0• '-' _ O 57IN1VY & DWIS e24 207.21 ---- n 6 7..19 4 BELARDO ROAD SEWER CONSTRUCTION LEGAL DESCRIPTION OF BENEFITING PROPERTY The East one-half of the Northwest one-quarter of the Northeast one-quarter of the Northeast one- quarter of Section 22, Township 4 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, California. 6 /94 ? �Ql a THE 81nae 1089 CORP. PIPELINE CONTRACTOR Water,Sewer& Storm Drain 6707 Ar'06e Re.•TWENTYNINE PALM6,oA 929" (rao)sm.2151.FAX(700)9e75247 SeptombeT 23,2003 Canyon(rate,LLC/IY.Temple Development 70715,Tahquitz Guyon Way Suitd#23 Palm Springs,CA 92262 Attn:Mark Temple Project: The Canyons Traot#30454 653 S.Belardo Road Palm SpriW,CA 92262 Description: Sewer Main Cost between Ramon and Project Property Line DESCRIPTION QUANITY UNIT PRiCU TOTAL AMOUNT SVCP Sewer Mein 650 LF 44.33 $28*814.00 Tie-lato Existing Manhole 1 Ea 4,000.00 4,000,00 Now 48"DIA Manholes 3 Fa 2,700.00 8*100.00 New Asphalt Pavement 6500 Sq,A 4.50 29,250.50. Sewer Encasement 1 LS S,000.00 5,000.00 TOTAL: 975,164 50 The total of$75,164.50 is our cost to install new sewer pipe to prgcd property line. David Van Dyke,President CITY OF PALM SPRINGS, NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on September 1, 2004, at the hour of 7:00 p.m. or as soon thereafter as possible, the City Council of the City of Palm Springs, California, will hold a Public Hearing with respect to the consideration of a Sewer Construction Refund Agreement between the City of Palm Springs, California, and Canyon Gate, LLC, a California Limited Liability Company, the terms of which provide for the reimbursement to Canyon Gate, LLC, a California Limited Liability Company, for costs associated with an off-site public sewer extension in Belardo Road, which benefits the adjacent property. The property subject to the terms of the Agreement and the proposed assessment is: ASSESSOR PARCEL NO. STREET ADDRESS ASSESSMENT 513-280-005 503 S. Belardo Road $75,164.50 TOTAL: $75,164.50 The Public Hearing will be held at the Council Chambers of the City Council of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. Interested persons wishing to express their views on the consideration of the Agreement will be given the opportunity to do so at the Public Hearing or may, prior to the time of the Public Hearing, submit written comments to David Barakian, Director of Public Works and Engineering, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, telephone number (760) 323-8253, ext. 8732. PATRICIA A. SANDERS CITY CLERK Published: Desert Sun 8-20-04 & 8-26-04 PROOF OF PUBLICATION This is space for County Clerk's Filing stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside -------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication or the County aforesaid; I am over the age of eighteen --------------------------------------------- years,and not a party to or interested in the No. 9361 above-entitled matter.I am the principal clerk of a CITY OF PALM SPRINGS, printer of the,DESERT.SUN PUBLISHING NOTICE OF PUBLIC HEARING COMPANY a newspaper of general circulation, NOTICE IS IIEREBY GIVEN that on September 1,' 2004, at the hour of 7:00 P in.of as soon thereof- / n printed and published in the city of Palm Springs, ter as Possible, the city council of the,City Of, Count of Riverside,and which newspaper has been Palm an Springs, coo the, will held o Public Hear -� yco 'rtdh respect to A consideration o a SeEy Construction Refund i boa a d Ccann n City adjudged a newspaper of general circulation by the { of Palm Sp rings, Cali arena, and Canyon Cate, Superior Court of the County of Riverside,State of LLc, a California Limited Liability company, the tea ens of which LpLC,�ide er a Callfolrnla Limited Liability in California under the date of March 24, 1988.Case canyon Cate., Number 191236; that the notice,of which the Company,for costs associated with a off-site public sewer extension m Colors-The Road, which annexed is a printed e0 set in a not smaller benefits the adjacent pproperty The property sub- annexed PY( type feet to the terms of the Agreement and the pie- than non pariel,has been published in each regular posed assessment isr and entire issue of said newspaper and not is any ASSESSOR PARCEL NO. supplement thereof on the following dates,to wit: 51 s-280-005 STREET ADDRESS 503 S. Belardc Road August 20a',26`I' ASSESSMENT. $75,164.50 . ---------— --------------------------------'---------'------ TCtAL:$70,164.50 The lic Hearing will e hold at ouncil mpels of the Ct cil of the tz I certify(or declarAll in the year e)under penalty of perjury that the SPa�gglbto exp nss h hlblb2 i interested 9 iCity e or mw PPfim foregoing rs true and correct. nity to do so at submit &n b.n Io the time of the Public Hearing, SLIor of Public comments to David Barakian, Dated at Palm Springs,California this-----27°i----day Works and Engineeling, 3200 East Tahqquitz Can- y you Way, Pclm Springgs, California, 927_62. tele- phone number(760) 323-8253, ext. 8732. of----------August---------------------P--J�-) 1 20(004��p PATRICIA A. SANDERS fITY. CLERK , L Pub. 8/20, 8/26/2004 — — — Signature RESOLUTION ,Z / G) ✓ OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND CANYON GATE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY WHEREAS, by Resolution No. 13773 of the City Council, dated April 15, 1981, a policy was established for the formation of Sewer Construction Refund Agreements, and WHEREAS, Canyon Gate, LLC, a California Limited Liability Company, have caused to be constructed at their expense an off-site public sanitary sewer main extension in Belardo Road, which has been connected to the existing City public sewer system; and WHEREAS, the proposed Sewer Construction Refund Agreement provides for collection of a proportionate assessment of costs associated with the off-site sewer extension to the property benefitting from the sewer main extension; and WHEREAS, the assessment collected from the benefitting property owner shall be reimbursed by the City to Canyon Gate, LLC, a California Limited Liability Company, at the time a permit for sewer connection to the sewer main is applied for by the benefitting property owner, and in accordance with the terms of the Sewer Construction Refund Agreement. NOW THEREFORE BE IT RESOLVED as follows: 1. That the City Council of the City of Palm Springs does hereby approve the Sewer Construction Refund Agreement between the City of Palm Springs and Canyon Gate, LLC, a California Limited Liability Company. 2. That the City Clerk shall cause to be recorded the Sewer Construction Refund Agreement with the Riverside County Recorder. 3. That the terms and obligations set forth in the Sewer Construction Refund Agreement shall incur and apply to the benefitting property during the term of the Agreement, as may be amended or extended. ADOPTED this 15` day of September, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: