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9/3/2003 - STAFF REPORTS (20)
w, DATE: September 3, 2003 TO: City Council FROM: Public Works Director/City Engineer ASSESSMENT DISTRICT 161- HOLD PUBLIC HEARING AND APPROVE FORMATION OF 1913 ACT DISTRICT FOR "MOUNTAIN GATE"TRACT 30963 BY CENTURY VINTAGE HOMES RECOMMENDATION: It is recommended that the City Council conduct a Public Hearing and approve five Resolutions: 1. Resolution Declaring results of a Special Election to levy and collect the Assessments, 2. Resolution Determining unpaid Assessments in Assessment District 161 (AD 161); 3. Resolution Approving Engineer's Report, Confirming and Levying Assessments; and authorizing Riverside County Treasurer/Tax Collector to collect installments of the assessment.(of $4,873,600 spread to 308 homes) ,4. Resolution Approving Water Facilities Agreement with Desert Water Agency and Power Facilities Agreement with SCE. and 5. Resolution Approving and Ratifying all actions relating to the formation procedures. This is for the formation of a 1913 Act Assessment District, using 1915 Act Bonds for certain eligible public improvements for the area known as '"Mountain Gate"Tract 30963 by Century Vintage Homes for an 83.83 gross acres subdivision located at the NE corner of N.Palm Canyon Drive (Hwy. 111) and Gateway Drive. This will be for formation of AD 161. SUMMARY: On February 26, 2003 City Council approved a Planned Development District (PDD) and Tentative Tract Map (TTM 30963)for a 308 lot single-family subdivision to be located on 83.83 gross acres at the northeast corner of North Palm Canyon Drive (Hwy. 111) and Gateway Drive in the northwest entryway to Palm Springs. The developer, Century Crowell Communities, LP, (Century Vintage Homes) has filed an application for the formation of a 1913 Act Assessment District, using 1915 Act Bonds,to utilize Municipal Bonds to fund certain public improvements associated with the project,to lower the purchase price of the 308 proposed homes in the "Mountain Gate" subdivision. Century Vintage Homes posted a $10,000 deposit with the application in November, 2002 to cover City administrative costs and initial formation costs for the proposed district. The final PDD and Final Map was approved by the Planning Commission on March 26,2003. Century Vintage Homes closed escrow on the purchase of the property on April 2, 2003. On June 11, 2003 City Council approved Final Maps for Tract 30963-1 & 30963-2 as well as a Resolution of Intention, setting the Public Hearing date for July 30, 2003. The Public Hearing was rescheduled for September 3, 2003. Century Vintage Homes has submitted a signed Ballot requesting the district formation, as current sole owner of Tract 30963. A Public Hearing will be conducted and City Council will consider approval of the required resolutions to form AD 161. BACKGROUND: On January 22, 1992 City Council adopted Resolution No. 17774 which established written policies and procedures for the administration of special districts under the State of California 1911, 1913 and 1915 Improvement Acts and the Community Facilities Act of 1982 (Mello-Roos CFDs). A 32- page"Special District Policy&Procedures"guideline manual was adopted along with the resolution. These policies and procedures are similar to those adopted by the City and County of Riverside and since adopted by most cities concerned about special district safeguards in California, On October 8, 1998 the Grants and Special Districts Manager submitted a Special Districts Guidelines Manual, at the request of City Council and City Manager, to be used as a handout for prospective Palm Springs developers. } AD 161-page 2 On April 3, 2002, the City Council adopted Resolution No. 20304 which expanded the 1992 Special Districts Policy&Procedures, providing residential subdivisions ability to be included with qualifying CFDs. The City also adopted state approved property owner"Disclosure Forms", which must be distributed by developers to all prospective home buyers to disclose the costs and facts associated with assessment district costs prior to the purchase of homes within such special districts. After Century proposed that an assessment district be formed to finance their public improvements for"Mountain Gate" Tract 30963, City staff instituted the City's Special District Team as follows: CITY'S SPECIAL DISTRICT ADVISOR: Bob Mohler(RLM Consulting) CITY'S FINANCIAL ADVISOR: Suzanne Harrell (Harrell &Company Advisors) ASSESSMENT ENGINEER: Paul Thompson/Merle Schulze (Albert A. Webb Associates) BOND COUNSEL: Urban (Urb) Schreiner(Aleshire & Wynder, LLP) BOND UNDERWRITER: Sara Oberlies, VP (Stone &Youngberg, LLC) REAL ESTATE APPRAISER: James Harris, MAI (Hams Realty Appraisal) MARKET ABSORPTION ANALYST: Joseph Janczyk(Empire Economics, Inc.) CENTURY HOMES: Marty Butler-Project Manager& Carlos Cueva- Public Financing Mgr. CITY STAFF: Dave Barakian, Tom Kanarr, John Raymond, Troy Butzlaff, Trisha Sanders On April 2, 2003 City Council approved a consultant contract with Albert A. Webb Associates (at a cost of $29,000, plus incidentials) to prepare Preliminary and Final Engineer's Reports as the "Assessment Engineer and Special Tax Consultant" for the project (Minute Order No.7281/Agreement No.A4680). Webb's Preliminary Engineer's Report determines and verifies all eligible public improvement costs proposed by the developer. The improvements include "public" Grading, Street, Sewer, Storm Drain,Water Mains and Utility Work,as well as Street Lighting and an off-site perimeter Landscape parkway strip. It listed all eligible engineering design costs and detailed incidental expenses associated with the proposed 1913 Act District formation to be financed by this assessment district. A Boundary Map was prepared, indicating the boundary encompassing the limits of assessable lands (308 lots)within AD 161. On June 11, 2003 City Council approved Final Maps for 30963-1 and 30963-2 as well as the Preliminary Engineer's Report and a Resolution of Intention, setting the Public Hearing date for July 30 (since rescheduled for September 3). Status of other project consultants:City staff is in the process of hiring two additional consultants(all fees reimbursable by Century Vintage Homes): 1. Real Estate Appraiser and 2. Market Absorption Analyst. The Real Estate Appraiser(MAI approved and familiarwith 1913/1915 special districts)will analyze the current Real Estate values of the bulk land as well as the subdivided lot values based on current sales comparables in the area.The Market Absorption Analyst will determine how quicklythe proposed homes will sell(absorb)into the real estate market, based on current similar sales records in Southern California, Coachella Valley and Palm Springs area. All of these consultant costs (Assessment Engineer/Real Estate Appraiser/Market Absorption Analyst/Special District Advisor) are being paid for by the developer via deposits to the City. The City hires the consultants and the subsequent reports are submitted directly to the City for approval. There is no cost to the City for staff and consultant costs described above due to the developer deposit contributions. At a subsequent meeting, the City Staff will present Assessment Bond financing documents for the City Council's consideration. To conform with the City's adopted Special District Policies & Procedures, the Bonds will not be issued until the total combined appraised land and improvement values must be at least 4 times the estimated assessments. The 4:1 "Value to Lien Ratio" is conservative in the industry (which is often 3:1 in other agencies). The overall tax rate after the Bonds are issued, including assessments, cannot exceed 2% of property values. AD 161-page 3 The following is a schedule of the actions that are anticipated in connection with the formation of AD 161 and the issuance of the Bonds. ANTICIPATED SCHEDULE OF EVENTS Aug. 5- Joint Financing Agreement approved with Desert Water Agency Aug. 22-Anticipated Joint Financing Agreement approved with SCE Sept 3- Public Hearing- Engineer's Report and Resolutions approved to form AD 161 Sept17- City approves Real Estate Appraiser& Market Absorption Analyst contracts Oct 8- Market Absorption Analyst submits preliminary absorption report Oct 15-Appraiser submits preliminary appraisal report Oct 17- Bond Counsel distributes draft documents Oct 20- Financial Advisor submits draft Preliminary"Official Statement-' Oct 24- Real Estate Appraiser& Market Absorption Analyst submit their Final Reports Nov 5- City Council adopts Resolution approving Financing Documents Nov 10- Print Preliminary Official Statement Nov 20- City signs Bond Purchase Contract Nov 24- Bond Counsel distributes Closing Documents Nov 26- Financial Advisor delivers Final!!Official Statement"to printer Dec 3- Bond Pre-Closing Dec 4- Bond Closing Status of Development: Century Vintage Homes has begun to take "pre-qualification reservation deposits"on the first phases of the 308 home subdivision. Deposits have already been received for 91 homes (of 109 allocated for pre-sale at this time) indicating an early brisk sales trend for "Mountain Gate". Its expected that the bonds can be sold when the first 50 homes are built. Please note that all special district consultant costs associated with this project are reimbursable by the developer via the upcoming bond sale or pre-paid via deposits already submitted to the City previously. There is no cost to the City for this Special District formation. DAVID J. BARAKIAN PublicWorks Director/City Engineer �� � .-- <� ✓ REVIEWED BY DEPT.OF FINANCE APPROVED , City Manager ATTACHMENTS: 1. Resolution= Declaring results of a Special Election to Levy and Collect the Assessments 2. Resolution- Determining unpaid Assessments of$4,873,600 for AD 161 (4 pgs.) 3. Resolution- Resolution-Approving Engineer's Report; Confirming & Levying Assessments and authorizing Riverside County Treasurer/Tax Collector to collect installments for AD 161 (4 pgs) 4. Resolution- Approving Water Facilities and Power Facilities Agreements with Desert Water Agency& SCE, respectively. 5. Resolution-Approving and Ratifying all actions relating to the formation procedures 6. Final Engineer's Report (on-file in City Clerk's office) 7. Vicinity Map ("Mountain Gate"Tract No. 30963) at Hwy. 111 and Gateway Drive ^� S. Proposed Mountain Gate A.D. No. 161 Cost Summary by City's Financial Advisor '// PROJECT SITE VICINITY MAP VICINITY MAP 1VAWEW Rq A sessmen Dis tN . 161 - SITE z - Tr.30963 � r Q SM RAPAEL OR A� .�oy . k 1 VISTA CHINO . I . , CITY OF PALM SPRINGS. CASE N0. '5.0931 Pb-P79 :Iio�imes] DESCRIPTION `rTM tative 30963 App.for a Ten Tract Map and, APPLICANT Century Vintage Prellminary Planned Development to subdivide 83.83 acres into 308 single family lots,Zone PD-264,Sec.34 H:\USERS\BobM\Webb.Assess.Engr.Tr.30963.Contr.Ser.Agr.3-21-03.wpd �[ Mountain GateY1 51, Assessment ti s �Iri era c District No. 161 zfz� Tract No. 30963k " 5 >"ry AD will Finance Approx $4.9 Million ` NI'MM ` ° ` w 11\0 GW ' to Reimburse Developer for: Water and Sewer Facilities Undergrounding Utilities Gateway Drive & Hwy 111 Improvements, Exterior Landscape, Development Impact Fees (Developer Funding $547,000) Acquisition Fund $ 3,790,000 ,.. .,.,.,. Reserve Fund 410,000 V�iIACa32:a.:'•..m�vi.,'�,"<'wi\w�7:.:SCa� av:•::<aua`..\".::.::vhi Capitalized Interest 398,000 Underwriting 100,000 Costs 185,000 Total Assessment $4,883,000 Bond Term — 25 Years a:. aG; zara a� aac:.uauaa a s a �aaaW.c Effective Interest Rate — 7.0% ' Overall Tax Rates: Ventana (1,200 SgFt) 2.00% Ventana (1,800 SgFt) 1.85% El Dorado (1,500 SgFt) 1.92% Bonds Will Not Be Issued Until El Dorado (3,000 SgFt) 1.76% Value to Lien Equals 4 to 1 Finished Lots $13,4522000 50 Homes Built 6,080,000 Value Needed $19,532,000 Estimated Annual Assessment: ' Ventana (1,200 SgFt) $15137 Ventana (1,800 SgFt) $15137 11 El Dorado (1,500 SgFt) $1,514 El Dorado (3,000 SgFt) $11514 3 ;� Revised: August 19, 2003 MOUNTAIN GATE PALM SPRINGS VENTURES, LLC CENTURY CROWELL COMMUNITIES (CENTURY VINTAGE HOMES) 1535 SOUTH"D" STREET, SUITE 200 SAN BERNARDINO, CA 92408 Honorable City Council City of Palm Springs 3200 East Tahquitz Canyon Way Pahn Springs, CA 92263 Re: Waiver of Notice of Hearing, Mailing of Ballots on the Question of the Levy of Assessments; and any and all Time Constraints on the Fornlation of Assessment District No. 161 of the City of Palm Springs, the Levy and Collection of Special Assessments Securing Limited Obligation Improvement Bonds, the Issuance and Sale of such Bonds, and the Cash Payment Period Dear Councilmembers: The undersigned is a duly authorized representative of Mountain Gate Palm Springs Ventures, LLC, the fee owner of that certain property in the City of Palm Springs designated as "Tract No. 30963 (Mountain Gate)." Such property has been formed into a special assessment district pursuant to the Municipal Improvement Act of 1913, Chapter 7 of Division 12 of the California Streets and Highways Code (the "1913 Act") for the purpose of levying assessments on all specially benefited property in said Tract No. 30963. Such special assessments are to secure limited obligation improvement bonds to be issued pursuant to the Improvement Bond Act of 1915, Division 10 of said Code (the "1915 Act"). The legal requirements of both Acts include time constraints for the perfonnance by the City of certain actions in furtherance of the objectives of both Acts. In order for the proceedings for Tract No. 30963 to move forward as expeditiously as possible, the undersigned does hereby waive the following: 1. Notice of Hearing. 2. Mailing of Ballots on the question of the levy of assessments. 3. All other time and other constraints on the formation of Assessment District No. 161, the levy of assessments thereunder, and the issuance and sale of bonds. 4. The thirty day cash payment period for payment of assessments. 1003/042/25241 vl //) Honorable City Council [DATE] Page 2 Please enter this waiver in the appropriate records of the City. Very truly yours, MOUNTAIN GATE PALM SPRINGS VENTURES, LLC BY: CENTURY CROWELL COMMUNITIES BY: CENTURY VINTAGE HOMES �4 / F Dated: �// � , 2003 By: C 1003/042/25241 vl •/ ALBERT A. WEBB ASSOCIATES LETTER OF TRANSMITTAL CONSULTING ENGINEERS 3788 McCRAY STREET,RIVERSIDE,CALIFORNIA 92506 DATE W.O.NO. 2002-0410 TELEPHONE(909)686-1070 FAX(909)788-1266 www.webbassociatesxom August 21,2003 ; FILE N0. 4898.0001 Email: merle.schulze@webbassociates.com _ TO: City of Palm Springs I ATTENTION' Patricia Sanders P.O. Box 2743 Palm Springs, CA 92263-2743 RE: Assessment District No. 161 (Mountain Gate) TRANSMITTED: VIA: Overnite Express 12 Copies of Confirmed Engineer's Report THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL FOR YOUR USE ❑AS REQUESTED ❑ FOR REVIEW AND COMMENT Ej NOTES/COMMENTS: Please distribute copies of this report to the City Council and other City staff Copy to: Suzanne Harrell,Harrell&Company,714 939 1464 Urban J. Schreiner,Aleshire&Wynder,LLP,949 223 1170 x 216 — - Sara Oberlies,Stone&Youngberg,(213)443-5000 Merle . Schulze, PE ) Carlos Cuevo,Century Homes,(909)381-6007 Assessment Consultant James B.Harris,Harris Realty Appraisel,949 851 1227 Bob Mohler,RLM Consulting,760 365 8211 MGS/mgs IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. As of 8/11103 Page 1 of CITY OF PALM SPRINGS AD 161 (MOUNTAIN GATE) DISTRIBUTION LIST ISSUER FINANCIAL ADVISOR City of Palm Sprhtgs Harrell&Company Advisors,LLC 3200 E.Tahquitz Canyon Way 333 City Boulevard West, Suite 1430 Pahn Springs, CA 92262 Orange, CA 92868 • Troy Butzlaff,Assistant City Manager Suzanne Q.Harrell / ✓ (760)323-8336 (714)939-1464 V (760)323-8207(FAX) (714) 939-1462 (FAX) troyb@ci.palm-springs.ca.us s.haiTell@hamellco.com • John Raymond,Director of Community&Economic • Janie L. Sechrest Development (714)939-1464 l (760)323-8228 (714)939-1462(FAX) (760)322-8325 (FAX) j.sechrest@harrellco.com jolinr@ci.palm-springs.ca.us DISCLOSURE COUNSEL • Tom Kanarr,Finance Director Jones Hall / (760)323-8221 A Professional Law Corporation (760)322-8320(FAX) 650 California Street, 18i'Floor took@ci.pahn-springs.ca.us San Francisco, CA 94108 • Dave Farm • Dave Barakian,Director of Public Works/City (415)391-5780 Engineer (415)391-5784 (FAX) (760)323-8253 Ext. 8732 (760)322-8360 (FAX) dfama@joneshall.com daveb@ci.palm-springs.ca.us BOND COUNSEL RLM Consulting Aleshire&Wynder,LLP Tower 17 58747 San Marino Drive / Yucca Valley, CA 92284 Suite Von Kam7an Avenue v 400 Bob Mohler Suite Irvine, C, CA 92612 (760)365-8211 Urban J. Schreiner (760)(FAX) (949) robertmohler@adelphia.net 223-11 (FA 216 (949)223-1180 0(FAX) CITY ATTORNEY usclrreiner@awattomeys.com Aleshire&Wynder,LLP • Anita Luck Tower 17 70 18881 Von Kaman Avenue (949)223-11 Spite 400 (949)223-1180(FAX) Irvine, 92612 aluck@awattomeys.com • David Aleshire, Esq.(949)223-1170 Ext.209 Law Offices of Samuel Norber (949)223-1180(FAX) Beverly Hills Law Building daleslrire@awattorneys.com 424 S.Beverly Drive Beverly Hills,CA 90212-4414 • Samuel Norber (310)201-9870 (310)201-9873 (FAX) snorber@earthlink.net As of 8/6/03 Page 2 of 2 UNDERWRITER ABSORPTION STUDY CONSULTANT Stone&Youngberg LLC Empire Econonucs 515 S. Figueroa Street 35505 Can-lino Capistrano, Suite 200 Suite 1060 Capistrano Beach, CA 92624-1806 Los Angeles, CA 90071 Joe Janczyk • Sara Oberlies (213)443-5004 / (449)661-7012 (213)443-5023 (FAX) V (949) 661-8763 (FAX) soberlies@sylle.com joe@empireecononucs.cona DEVELOPER FISCAL AGENT Century Crowell Communities BNY Western Trust Company (Century Vintage Homes) Corporation Trust Division 1535 South"D"Street, Suite 200 700 South Flower Street,Suite 500 San Bernardino,CA 92408 Los Angeles, CA 90017-4104 • Carlos H. Cueva Eladia Burgos (909)381-6007 / (213) 630-6231 (909)381-0041 (FAX) v / (213)630-6215 (FAX) ccueva@centuryvintagehonies.com eburgos@bankofny.com • Marty Butler FISCAL AGENT COUNSEL (909)381-6007 Jensen Law Office (909)381-0041 (FAX) Suite 120 mbutler@centuryvintagehomes.com 3708 Mount Diablo Boulevard Suite 120 ASSESSMENTS/SPECIAL TAXES Lafayette,CA 96549-3630 Albert A. Webb Associates Philip K.Jensen,Esq 3788 McCray Street (925)284-7071 Riverside,CA 92505 (925)284-7079 (FAX) • Paul Thompson PKJensen@worldnet.att.net (909)686-1070 (909)788-4139(FAX) paul.thompson@wcbbassociates.com • Merle Schulze (909)248-4284 (909)788-4139(FAX) merle.s chulze@webbassociates.com APPRAISER Harris Realty Appraisal 5100 Birch Street, Ste.200 Newport Beach, CA 92660 • James B.Harris,President (949) 851-1227 (949) 851-2055(FAX) jhanismai@aol.com • Berri Cannon, Vice President (949) 857-4092 (949)559-5022(FAX) bercannon@aol.com 1 CONFIRMED ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) f r i `aE Q,..10s / SEPTEMBER 2003 Prepared by: ALBERT A. WEBB ASSOCIATES Consulting Engineers 3788 McCray Street Riverside, CA 92506 1 (909) 686-1070 � I f CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA CONFIRMED ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) Preliminary approval by the City Council, City of Palm Springs on the day of , 2003. City Clerk, City of Palm Springs Final approval by the City Council 'City of Palm Springs on the day of , 2003. City Clerk, City of Palm Springs CONFIRMED ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS TABLE OF CONTENTS Page ENGINEER'S STATEMENT ........................................................................................................ i SECTION 1 - DESCRIPTION OF WORK................................................................................. 1-1 SECTION 2 - PLANS AND SPECIFICATIONS (under separate cover) ..................................2-1 SECTION 3 - ENGINEER'S ESTIMATE OF COSTS AND EXPENSES ............................... 3-1 SECTION 4 - ASSESSMENT DIAGRAM.................................................................................4-1 SECTION 5 -ASSESSMENT.................................................................................................... 5-1 APPENDIX"A"-- RESOLUTION OF INTENTION................................................................ A-1 1 APPENDIX `B" - METHOD OF ASSESSMENT APPORTIONMENT ..................................B-1 APPENDIX "C" - RIGHT-OF-WAY CERTIFICATE ..............................................................C-1 APPENDIX"D„_CERTIFICATES .........................................................................................D-1 M\CITIES\Palm Springs\02-0410\TOC.doc AGENCY: CITY OF PALM SPRINGS PROJECT: ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) TO: CITY COUNCIL CONFIRMED ENGINEER'S REPORT PURSUANT TO THE PROVISIONS ' OF SECTION 10350 ET SEQ. OF THE STREETS AND HIGHWAYS CODE Pursuant to the provisions of the "Municipal Improvements Act of 1913", being Division 12 of the Streets and Highways Code of the State of California and pursuant to the provisions of Article XIIID to the State of California Constitution, and in accordance with the Resolution of Intention, being Resolution No. 20623 adopted by the City Council of the City of Palm Springs, Riverside County, State of California, in connection with the proceedings for Assessment District No. 161, (hereinafter referred to as the "Assessment District"), a copy of said Resolution attached hereto as Exhibit "A", I, Matthew E. Webb, P. E., authorized representative of Albert A. ' Webb Associates, the appointed Assessment Engineer, submit herewith the Report for the Assessment District consisting of five (5) sections and appendices as follows: SECTION 1 A general description of the proposed improvements and descriptions of all rights-of way, easements and lands to be acquired, if necessary, is set forth in the ' assessment report, and made a part hereof. SECTION 2 Plans and specifications for the completed and proposed to be constructed improvements are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the City Clerk, City of Palm Springs. i-1 Im9citnes\palm springs\02-0410\engp[doc Albert A. Webb Associates rSECTION 3 An estimate of the cost of the completed and proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof attached hereto and on file in the Office of the City Clerk, City of Palm Springs. SECTION 4 A diagram showing the Assessment District, the boundaries and the dimensions ' of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, is filed herewith and made fa part hereof, and part of the assessment. 1 SECTION 5 A proposed assessment of the total amount of the costs and expenses of the completed and proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated direct and special ' benefits to be received by such subdivisions from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. APPENDICES A. The Resolution of Intention is marked Appendix "A", which is attached hereto, referenced, and so incorporated. ' B. The Method of Assessment Apportionment is as set forth in Appendix "B", which is attached hereto, referenced, and so incorporated. C. The Right-of-Way Certificate is marked Appendix "C", which is attached hereto, referenced, and so incorporated. ID. The Certificates are marked as Appendix "D", which is attached hereto, referenced, and so incorporated. i-2 m ac des\palm springs\02-0410\engrpr.doc Albert A. Webb Associates r Dated this ?Vl`'day of At,�p-,�,iL003 Respectfully submitted, ALBERT A. WEBB ASSOCIATES QRpFESSIpNy w m MATTHEW E. WEBB, P. E. NO. 37385 ' NO. 37385 A ASSESSMENT ENGINEER EXP. 6-30-04 ASSESSMENT DISTRICT NO. 161 �TgTf OF lv l-IFO��tiP (MOUNTAIN GATE) ' CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA r r r r r r i-3 m'\cities\patmspnngs\02-0410\en-"tdoc Albert A. Webb Associates 1 1 1 CONFIRMED ' ENGINEER'S REPORT ' SECTION 1 t DESCRIPTION OF WORK 1 ASSESSMENT DISTRICT NO. 161 ' (MOUNTAIN GATE) t CITY OF PALM SPRINGS i 1 t i 1 t 1 1 1 1 rSECTION 1 DESCRIPTION OF WORK ASSESSMENT DISTRICT NO. 161 ' (MOUNTAIN GATE) CITY OF PALM SPRINGS rThe public improvements proposed to be installed, constructed, and financed by Assessment ' District No. 161 (Mountain Gate)* generally consist of street improvements, sewer and water improvements, landscaping and electric utility improvements, water and sewer facility fees, and rcabling and connection fees, more specifically described as follows: r ZONE 1 — "THE VENTANA COLLECTION" TRACT NO. 30963 (135 RESIDENTIAL LOTS) Plans and Specifications rThe cost of approved plans for the improvements to be acquired. rStreets Street improvements including grading, paving, striping, signage, curb and gutter, and sidewalks, ' together with appurtenances and appurtenant work, on East Gate Road from the southerly tract boundary to Tramview Road, and Tramview Road from the easterly tract boundary to East Gate r Road. r Sewer r Sewer improvements including 8-inch diameter sewer main and 4-inch diameter sewer laterals, together with appurtenances and appurtenant work, all in the interior public rights-of-way to ' serve each residential lot. r *Refer to attached Exhibit"A"for Location Map. r 1.1 MACITIES\Palm Springs\02-0410\Sect 1 doc Albert A. Webb Associates r 1 Water ' Water improvements including water mains and 1-inch diameter water service lines, together with appurtenances and appurtenant work, all in the interior public rights-of-way to serve each residential lot. ' Landscaping Landscape improvements including parkway landscaping, together with appurtenances and ' appurtenant work, on East Gate Road from the southerly tract boundary to Tramview Road, on Tramview Road from the easterly tract boundary to East Gate Road, on two retention basins ' located within Tract 30963 as shown on the Assessment Diagram in Section 4, on the northeasterly side of State Highway III (Palm Canyon Drive) directly adjacent to the tract ' boundary and on the northerly side of Gateway Drive from State Highway I I I (Palm Canyon Drive) to Pamela Drive. Underground Existing Power Lines Includes but is not limited to undergrounding existing overhead electric power lines (Southern California Edison) within the public rights-of-way and easements in Tract No. 30963, appurtenances and appurtenant work. ' Water and Sewer Fees ' Includes water facility fees for the Desert Water Agency and sewer facility fees for the City of Palm Springs. ZONE 2— "THE EL DORADO COLLECTION", TRACT NO. 30963 (173 Lots) ' Plans and Specifications The cost of approved plans for the improvements to be acquired. ' 1-2 WCITI[S\Palm Springs\02-0410\Sect Ldoc Albert A. Webb Associates 1 Streets Street improvements including grading, paving, striping, signage, curb and gutter, and sidewalks, together with appurtenances and appurtenant work, on the northeasterly side of State Highway ' 111 (Palm Canyon Drive) directly adjacent to the tract boundary and on the northerly side of Gateway Drive from State Highway I I I (Palm Canyon Drive) to Pamela Drive. ' Sewer ' Sewer improvements including 8-inch diameter sewer main and 4-inch diameter sewer laterals, together with appurtenances and appurtenant work, all in the interior public rights-of-way to serve each residential lot. ' Water Water improvements including water mains and 1-inch diameter water service lines, together ' with appurtenances and appurtenant work, all in the interior public rights-of-way to serve each residential lot. 1 Landscaping Landscape improvements including parkway landscaping, together with appurtenances and appurtenant work, on East Gate Road from the southerly tract boundary to Tramview Road, on ' Tramview Road from the easterly tract boundary to East Gate Road, on two retention basins ' located within Tract 30963 as shown on the Assessment Diagram in Section 4, on the northeasterly side of State Highway III (Palm Canyon Drive) directly adjacent to the tract ' boundary and on the northerly side of Gateway Drive from State Highway I I I (Palm Canyon Drive) to Pamela Drive. Underground Existing Power Lines Includes but is not limited to undergrounding existing overhead electric power lines (Southern California Edison) within the public rights-of-way and easements in Tract No. 30963, appurtenances and appurtenant work. ' 1-3 WOTIESTalm Springs\02-0410\Sect Ldoc Albert A. Webb Associates ' Water and Sewer Fees Includes water facility fees for the Desert Water Agency and sewer facility fees for the City of Palm Springs. 1 1 1 1 r 1-4 M\CITIES\Palm Springs\02-04I0\Sect I.doc Albert A. Webb Associates I r /fi F -'_ n - > ^- " F a r k i t�d4" .u4 'Y•i r3 ) S i*}•o-Sf{+K I t '} w *i d.' fit:al >V1'��,h+5-6r... .fir 4. . r p, ' :. )r 1,�•Tyt�yP � + A �• `k V+4ri1? l ij-ryr tr >4rt � �re'Yt n3� 41 Y• a.0 ay p+ c ,r 'l I 45. '`Y '� r 5 � i - �� �„y. wtw yo.�,�'w'�'+rJnt.SM' VJ�an+��Rv� 'l�`..'1•'C�Y� .' t. I ��+F n.�431 �, a _'r �°. - ✓^ �+ -f-t•: •�h, ' 4 �,�• rr•+ -) ;owlr.�^„•� ! I N+Y )r + '!i`.l:^ti td 1!.e �.a..� r, v rl 'r-•u.- Neer As�Fax ?+»yF�:t� I ' - �, a., i .c�✓• th �f � _ 1: aNtf,4a �' s +M!r•`113 kiw �tF{i �'�'� -r "'YrGGr '�'3• rf -. ,, h r � rmlf-!iI '.r 1.� ±'� Z + 'Nr I >y$ ,P'NF.��1a} P ti:�N iJ+ ] Yj l 7 i t'EY�` i - �1.• ''"'I fy tit'iY .e r .�r .� � t+v,. n �,� ,ter..��.—r-..-e'tf=;lA t - ' , � 'ti7PAllil�Ift`WRlt�. al• I • .. " rt ) ':�..�*'r, -vti .�,.,i �..�. .suar.,t'�.* iG, F`* c a T i •inl � - ., o ,.,�.!^x.tw. .r+ d'�'�Y �� � �e��" �4`:}Yql� •I + ?" •j�. ,,y, Tr.,. ,.. +T�enta'�Ive aar}w. r_'a,+.n w `.: +��i.'.�L� m [a ' •y0` �,',na f ,T+:� ;Yt Y r +,..f`r �' - EW nd r: to�.'Aria/ .�.: - .` r'S,h. @�+ �. ,,'c- K•, _' �Il,r.': j Ll. � +.:,d � �[_�- lip; �:.' • '"Y�_F�4h•:." '. ��,..�_.cf :7C1'''t;}. \',AI..Yj.t.;} ,1}.l"iwga?;.q ',�i(.4^'� Aw ' �.5�_n��t•:t:x ��� � . ..f•��enl�:�ii�c$y4 slit T!:'_�; Iv � RA�+ - 1. �. aA. .}-v\.rq Gna``i h 'S�\"n r `)44i{.�i'•��.a#:,. e '�� r •y { �A''� � Sx"`�'' � 1': $'"1`k d:.J:i_�4•.*fir�{�! y � _ .,.. r. cl„ ,,�qt! d•,, ,fir ' • 4� 11 111 1 1 i CONFIRMED i ENGINEER'S REPORT i SECTION 2 i PLANS AND SPECIFICATIONS (Under Separate Cover) i i ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) i CITY OF PALM SPRINGS i 1 1 1 1 1 i 1 i 1 r r r CONFIRMED r ENGINEER'S REPORT r SECTION 3 r ESTIMATE OF COSTS AND EXPENSES r r ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) r CITY OF PALM SPRINGS 1 r r r r r r r r r SECTION 3 ENGINEER'S ESTIMATE OF COSTS AND EXPENSES ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS j Zone 1 135 Zone 2 173 Total 308 The Ventana Collection The El Dorado Collection Total Lstinnated Costs Cost and Expenses Costs and Expenses Cost and Expenses Description Preliminary Confinned Descrmtion Prelmiinary Confirmed Description Preliminary Confirmed I. CONSTRUCTION COSTS I. CONSTRUCTION COSTS I. CONSTRUCTION COSTS A. Construction A. Constriction A. Construction Streets East Gate Road& Streets Gateway Drive& Streets Tramview Road $164,520 $164,520 St. Highway 111 $210,830 S230,268 $375,350 $394,788 Grading 5,080 5,080 Grading 6,510 7,110 Grading 11,590 12,190 Water Contstruction 349,225 349,225 Water Contstruction 447,525 488,786 Water Contstruction 796,750 838,011 Sewer Constriction 218,915 218,915 Sewer Construction 280,535 306,400 Sewer Constriction 499,450 525.315 Underground Existing Power Lines 262,987 262,987 Underground Existing Power Lines 337,013 368,085 Underground Existing Power Lines 600,000 631,072 Landscaping 87,662 87,662 Landscaping 112,338 122,695 Landscaping 200,000 210.357 Subtotal Construction Costs $1,088,389 $1,088,389 Subtotal Construction Costs $1,394,751 S1,523,344 Subtotal Construction Costs $2,483,140 $2,611,733 Construction Cost Contingencies 10% 108,839 108,839 Construction Cost Contingencies 10% 139,475 152,334 Construction Cost Contingencies 10% 248,314 261,173 Subtotal Construction Costs $1,197,228 $1,197,228 Subtotal Construction Costs $1,534,226 S1,675,678 Subtotal Construction Costs $2,731,454 S2,872,906 B.Improvement Fees B. Improvement Fees B. Improvement Fees Water Meter and Connection Fees $117,450 $117,450 Water Meter and Connection Fees $150,510 $150,510 Water Meter Fees $267,960 S267,960 Sewer Connection Fees 325,080 325,080 Sewer Connection Fees 416,584 416,584 Sewer Connection Fees 741,664 741,664 Subtotal Improvement Fees $442,530 $442,530 Subtotal Improvement Fees $567,094 $567,094 SubtotalhnprovementFees $1,009,624 S1,009,624 TOTAL CONSTRUCTION COSTS $1,639,758 $1,639,758 TOTAL CONSTRUCTION COSTS $2,101,320 $2,242,772 TOTAL CONSTRUCTION COSTS $3,741,078 $3,882,530 H. INCIDENTAL EXPENSES 1I. INCIDENTAL EXPENSES 11. INCIDENTAL EXPENSES A. Engineering, Construction Costs A. Engineering, Construction Costs A. Engineering, Constriction Costs &Facility Fees &Facility Fees &Facility Fees Inspection $23,945 $23,945 Inspection $30,685 $33,514 Inspection $54,630 $57,459 Testing 11,972 11,972 Testing 15,342 16,757 Testing 27,314 28.729 Contract Administration 17,532 17,532 Contract Administration 22,468 22,468 Contract Administration 40,000 40,000 Plaza Check 23,945 23,945 Plan Check 30,685 33,514 Plan Check 54,630 57,459 Design Engineering 47,889 47,889 Design Engineering 61,369 67,027 Design Engineering 109,258 114,916 Surveying and Staking 47,SS9 47,889 Surveying and Staking 61,369 67,027 Surveying and Staking) 209,258 114,916 Sub-Total Incidental Expenses of Items A $173,172 S173,172 Sub-Total hncidental Expenses of Items A S221,918 $245,307 Sub-Total Incidental Expenses of Items A 395,090 413,479 10%Incidental Contingencies of Item A 17,317 17,317 10%Incidental Contingencies of Item A 22,192 24,031 10°-o Incidental Contingencies of Item A 39,509 41,348 Total Incidental Expenses Item A $190,489 S190,489 Total Incidental Expenses Item A S244,110 S264,338 Total Incidental Expe 6s Item A S434,599 S454,827 B. Procedural and Formation Costs B. Procedural and Formation Costs B. Procedural and Forinnon Costs City Formation Expenses $8,766 S5,917 City Formation Expenses S11,234 $7,583 City Formation Expenses $20,000 S13,500 City Legal Expense 6,575 1,753 City Legal Expense 8,425 $2,247 City Legal Expense 15,000 S4,000 ' Trustee Fees 4,383 2,192 Trustee Fees 5,617 $2,808 Trustee Fees 10,000 $5,000 Printing(Official Statement, and Advertising) 6,575 5260 Printing (Official Statement, and Advertising) 8,425 S6,740 Printing(Official Statement, and Advertising) 15,000 $12,000 i i Albert A. Webb Associates M102-0410lSect3Contirmed Page 1 of 2 8119103 V SECTION 3 i ENGINEER'S ESTIMATE OF COSTS AND EXPENSES ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 1{{ ' Zone 1 135 Zone 2 173 Total 308 The Ventana Collection The El Dorado Collection Total Estimated Costs Cost and Expenses Costs and Expenses Cost and Expenses ' Description Preliminary Confirmed Description Preliminary Confirmed Description Preliminary Confirmed Appraisal 3,287 8,766 Appraisal 4,213 $11,234 Appraisal 7,500 $20,000 Financial Advisor 10,958 16,086 Financial Advisor 14,042 $20,614 Financial Advisor 25,000 $36,700 Bond Counsel 14,026 14,245 Bond Counsel 17,974 $19,255 Bond Counsel 32,000 $32,500 Disclosure Counsel 6,575 6,575 Disclosure Counsel 8,425 $8,425 Disclosure Counsel 15,000 $15,000 Absorption Study 3,287 5,479 Absorption Study 4,213 $7,021 Absorption Study 7,500 $12,500 Assessment Engineer 13,149 13,149 Assessment Engineer 16,851 $18,851 Assessment Engineer I 30,000 $32,000 Sub-Total Incidental Expenses of Items B $77,581 $79,422 Sub-Total Incidental Expenses of Items B $99,419 $103,778 Sub-Total Incidental E�penses of Items B $177,000 $183,200 Incidental Contingencies of Item B! 7,758 3,971 Incidental Contingencies of Item B! 9,942 5,189 Incidental Contingencies of Item B! 17,700 9,160 ' Total Incidental Expenses Item $85,339 $83,393 Total Incidental Expenses Item B $109,361 $108,967 Total Incidental Expenses Item B $194,700 $192,360 1 !Note: 10%Preliminary&5%Confirmed TOTAL INCIDENTALS COSTS $275,828 $273,882 TOTAL INCIDENTALS COSTS $353,471 $373,305 TOTAL INCIDENTALS COSTS $629,299 $647,187 ' III.CONTRIBUTION BY PROPERTY OWNER $163,117 $488,364 M.CONTRIBUTION BY PROPERTY OWNER $41,441 $93,737 III.CONTRIBUTION BY PROPERTY OWNER $204,558 $582,101 ' IV.BOND ISSUANCE COSTS IV.BOND ISSUANCE COSTS IV.BOND ISSUANCE COSTS A. Capitalized Int.(@7%)* $237,431 $123,172 A. Capitalized Interest(@ 7%)* $326,970 $217,980 A. Capitalized Interest(@ 7%)* $564,401 $341,152 B. Bond Reserve(@ 10%) 226,125 175,960 B. Bond Reserve(@ 10%) 311,400 311,400 B. Bond Reserve(@ 10%) 537,525 487,360 C. Bond Discount(@ 2%) 45,225 35,192 C. Bond Discount(@ 2%) 62,280 62,280 C. Bond Discount(@ 2%) 107,505 97,472 *Note:18 months Preliminary, 12 months Confirmed) TOTAL BOND ISSUANCE COSTS $508,781 $334,324 TOTAL BOND ISSUANCE COSTS $700,650 $591,660 TOTAL BOND ISSU CE COSTS $1,209,431 $925,984 RECAPITULATION RECAPITULATION RECAPITULATION L CONSTRUCTION COSTS I. CONSTRUCTION COSTS I. CONSTRUCTION COSTS AND CONTINGENCIES $1,639,758 $1,639,758 AND CONTINGENCIES $2,101,320 $2,242,772 AND CONTINGIENCIES $3,741,078 $3,882,530 IT. INCIDENTAL EXPENSES 275,828 273,882 11. INCIDENTAL EXPENSES 353,471 373,305 II. INCIDENTALEI s'PENSES $629,299 $647,187 III. BOND ISSUANCE COSTS 508,781 334,324 III. BOND ISSUANCE COSTS 700,650 591,660 I11. BOND ISSUANCE COSTS $1,209,431 $925,984 TOTAL NET PROJECT COSTS $2,424,367 $2,247,964 TOTAL NET PROJECT COSTS $3,155,441 $3,207,737 TOTAL NET PROJECT COSTS $5,579,808 $5,455,701 W. LESS CONTRIBUTION BY W. LESS CONTRIBUTION BY W. LESS CONTRIBUTION BY PROPERTY OWNER 163,117 488,364 PROPERTY OWNER 41,441 93,737 PROPERTY OM'NER 204,558 582,101 TOTAL AMOUNT TO ASSESSMENT $2,261,250 $1,759,600 TOTAL AMOUNT TO ASSESSMENT $3,114,000 $3,114,000 TOTAL AMOUNT TO ASSESSMENT $5,375,250 $4,873,600 Per Lot Assessment $13,400 (109 lots gated) Per Lot Assessment $18,000 Per Lot Assessment $11,500 (26 lots public)** V. PLUS ANNUAL ASSESSMENT PER Not to exceed 1.25% SECTION 5,PARAGRAPH 5,PAGE 5-3 of bonds issued **Note:Public lots on East Gate Road. See also Appendix B,Page B-2 Albert A. Webb Associates ' M:/02-0410/Sect3Confirmed Page 2 of 2 8/19/03 CONFIRMED ENGINEER'S REPORT SECTION 4 !, ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS � � �.. �■ r r � a � ri r rr rr rr � � � ■� s RECORDED THIS_ BAY OF .2003 AT IF_FALR OF ASSESSMENT DIAGRAM FOR SHEET ' °F ' SIEET D CLEFNHN-1, FA G. PAGET _OF WP9 DF ASEEE3MfNT ASSESSMENT DISTRICT NO. i61 RECORDER mER IN r E.ICILTTIES DISrRILTs. IN THE OFFICE OF IM1E Cd1Ntt PECLti^DER IN THE COIIIJTY 6 PIVEREIDE,STATE OF CALIFORNIACA FEE W ( MOUNTAIN GATE ) GARY L ORSO. FNERSIDE COUNTY gssEssOR-ttEF(-FECOWER CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA Lois AaE.Is_s` BY LOTS DEPUTY ZONE 2 ZONE 1 FILED IN THE OFFICE OF THE sLOYERINTEWENT OF STREETS OF I I I I I I PAGBIEM THE CITY OF PALM SMINGS MIS_BAY DF .2W3 I 2 3 E 5 6 ] B 9 10 ]1 12 13 14 115 16 1] B 19 20 2] 22 23 24 25 26 2] 2B 29 30 3] 32 33 ]93 9 I L7F �_ L1� yJ�DM„iTDRIM �LJ_L sLPERINTE1AENi U STREETS.CITY 0.-PALM SPRINGS, - LTP CPE3TA sTATE CF CALIFORNIA _- �'-- T FTT-I-ram V1 /T-T T �1({�r7 ` /U J'Nv1 STr ��1 vE y.f//� 1=] W B5 B4 B3 62 O1 BO 79 ]B ]]\\ \ ]6 ]5 ]4 ]2'I 70 1 b9 I 'd ]92\ 2] ¢ 3 -- �$ /{(�rI�� 39 39I3] 30I 35 3P b N ASSESSMENT BAS LEVIED BY THE CITY CCINCIL OF THE CITY fiB 9 90 -�{� byy\ - \ o ` / �b ��y---y� 2B �- PALH BORINGS ON THE LOTS.PIECES.NL PARCELS GF LPM SFgFV 106�¢-6b 0] 9] 92 SO 94 i CA 63 69 5 Efi b] I 40 41142193/ 145 I9I r y -1 wFI- 4 GN THIS ASSESSMENT DIAGRAM GN THE_DAY DF PT03. AS I, 1-J-� W � fiB 1. L 1`FE I I SAIL ASSESENEW DIAGMM AW THE ASSESSMENT PDLL HERE RECOILED 'IS �J_ gliA RIOGL--��L _/ �1-L �-�-L 1 �_ LJ� J 1 30 J 5 Iry TTIE OFFICE GO THE SLPERINTENCENT OF STREETS ON TIE_DAY _� -��r� T E LTA RIDBEr J / ALTA F 6 2003 REFERENCE Is MADE TO NE ASSE`EH ENT ROLL / T-T�- � -T�-I oGTE v�� RECORDED IN THE OFFICE OF THE SLP[IiIMEIAFJIi BF STREETS FOR 104 103 IRA 101 1D0 99 9B 9] A, I 95 � �541� Q32 1 6 THE ENACT ANMNT OF EACH ASSESSIGHT LEVIED AGAINST EACH PARCEL 61 CA I 50 1 56 5] 1 5b 1 55 53 PC El 50 49118147146 IS IGB 2lBF LAW SHOFN ON THE ASSESSMENT OIAGRAM 33 ] 0106 ]09 ]f0 "I 1I2 113 11, ,5 r 34 20FILED IN THE OFFICE OF TIE CITY CLEPX OF NE CITY OF PALM 1 6 -L 161149 150 151I 152��153 154 155 115> 5B 60 6I 621b31b4]65 ]I WI 35� I B SPPLu65,STATE OF CALIFORNIA THIS_DAY OF .2003 F--I ��� ��MIflA GPgNOE ��� L MIfla�1�AN0E1��L 1 11 91 1 1 1 1 1S 1 r CITY ClEPH OF THE CITY OF PALM SPRINGS,STATC[F CALIFOPNIA I-1� � 1 S ~z � 0 1 I1F-125 124 123 ]22 121 12-01F]]9 116 ]I] i i +l]4`B�1]4]�]96�.1 M� I�yQ.i-T TIC' rr,-T B6�i� f03 1 1 126 12] 129 0 731 ]32 133��rybry 13�y�c1]4 fI3]]21]11]0]b91fie 16] 1fi6�f1O r 39 1] to r ]l SITE �r_102 ��LL� . L IC� 3N 13p� Iby "0 �141 JIII I J R I1.�1E,I IB 1 � QD Is �$�_ T-EgRA LANE�+--L�" \\\I y�OT 1�� I I 15 I2 77 I DGE 76 ]s ra ]3\ 1 J TF -= r9Co 9P a 13 - � � i 161 011 1 1 f1 41 T s nNA 17�Tt S R �f00-1>/LT�HE J9�i-;B ^` I �_I / 62 159 5B 5J 56 55 54 53 521 51 50 4911.14]146 451 44 1\a5/FEr NTA[MII�W 1 l4 7A I_ 99 B3 6 O AA \VO ]0 I IL fi3 063 J r-- J �ro -9] 1 - 1x\ f� fig / / 69 4 �- RfJ N b5 12 IF r � x m x \ ` fib � �J/ bfi 1 �'0 67 DISTRICT �o-IXl!-9 VICINITY MAP \,�,mac B] / yg NTs �a�/ fie /' 9?. `s BOUNDARY \ 90/93�0F� haf2 g T 09 9B LEGEND �\ /sI 1 \- TRACT NO. 30953-1 T - LOTS 6.14 AC%E5 DISTRICT Sp. MY TRACT NO. 30953-2 194 - LOTS 50 R AO S -———————— raAcr EevronaY TRACT NO. 30963-3 107-LOTS 27.X Ao S — ZIXF SCtMOARY RJ \ TOTAL YL.9-LOTS B3.d3 ACRES NOT To SCALE A L B E P T A. I„IS ASSES$£NT DIAGRAM CORRECTLY n1NXl EACH SEPARATE LOT \ tT rT B1\ CA PARCEL OF I"INCLUDED HITHIN THE BWNDAPIE5 OF THE W •N'A B ASSESSMENT DISTRICT FOR DETAILS CONCERNING THE LINES AND \�—ASSESSLi4S G fL W. OE9-371-X2 S WYSE 094 DIMENSIONS I.IONS OF LOTS OR PARCELS REFER TO THE COLNTY A �2 A 5 5 0 C I A T E 5 ASSEES)I5 HARD 1.FISCAL YEAR 1W2-2003 W.O. 02-0410 r r ■ CONFIRMED ENGINEER'S REPORT SECTION 5 ' ASSESSMENT i ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS I 1 r r r r i r 1 SECTION 5 ASSESSMENT ASSESSMENT DISTRICT NO. 161 1 (MOUNTAIN GATE) CITY OF PALM SPRINGS WHEREAS, on June 11, 2003 the City Council of the City of Palm Springs, California, did, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the 1 Streets and Highways Code of the State of California, as amended, adopt its Resolution of Intention No. 20623, for the constriction and acquisition of certain public improvements, ' together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) (Hereinafter referred to as the"Assessment District'); and, WHEREAS, said Resolution of Intention, as required by law, did direct the appointed Assessment Engineer to make and file a"Report", consisting of the following: • General description of the works of improvement to be constructed, acquired and installed; • Plans and specifications; • Cost Estimate; • Assessment Diagram showing the Assessment District and the subdivisions of 1 land contained therein; • A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels and lots of land within the boundaries of the Assessment District; r0 A proposed maximiun annual assessment to pay costs incurred by the City and not otherwise reimbursed for administration and collection of assessments or from 5-1 m1 Uues\Nh,Spn„gs102-041mse.t5do� Albert A. Webb Associates 1 administration or registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the said Resolution of Intention. NOW, THEREFORE, I, Matthew E. Webb, P. E., authorized representative of Albert A. Webb Associates, the appointed ENGINEER OF WORK, pursuant to the "Municipal Improvement Act of 1913", do hereby submit the following: 1. Pursuant to the provisions of law and the Resolution of Intention, have assessed the costs and expenses of the works of improvement to be constructed or acquired in the I Assessment District upon the parcels of land in the Assessment District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a reduced copy of which is included herein. 2. As required by law, an Assessment Diagram is filed herewith and made a part hereof Ishowing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at the ' time of the passage of said Resolution of Intention, each subdivision of land or parcels or lots respectively have been given a separate nurnber upon said Diagram and in the iAssessment Roll contained herein. 3. The separate numbers given the subdivisions and parcels of land, as shown on the ' Assessment Diagram correspond with the numbers appearing on the Assessment Roll contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Act of 1915"), to represent all unpaid assessments, and the last installment of said bonds shall 5-2 M TITIESTalm Spdngs\02-0410\Seu 5.d.c Albert A. Webb Associates 1 mature a maximum of twenty-five (25) years from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. NOTICE IS HEREBY GIVEN that, as provided for in Subdivision (f) of Section 10204 of said Code, an annual assessment, in an amount not to exceed one and one quarter Ipercent (1.25%) of the total amount of the bonds issued to represent all unpaid assessments is proposed to be assessed upon each of the several subdivisions of land in the district, in proportion to the amounts, respectively, of said unpaid assessments upon such subdivisions. Said annual assessment is to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds and shall be in addition to the fees provided for in Sections 8682 and 8682.1 Iof said Code. 6. By virtue of the authority contained in said "Municipal hnprovement Act of 1913", and by further direction and order of the legislative body, I hereby make the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: AS PRELIMINARILY AS APPROVED * CONFIRMED* Estimated Costs of Construction and Contingencies $3,741,078 $3,882,530 Estimated Incidental Costs and Expenses $629,299 $647,187 Estimated Bond Issuance Costs $1,209,431 $925,984 Estimated Total Project Cost $5,579,808 $5,455,701 Less Estimated Contribution ($204,558) ($582,101) ITotal Amount to Assessment $5,375,250 $4,873,600 For the breakdown of the costs, refer to Section 3, Engineer's Estimate of Costs and Expenses. 5-3 bnclTIESTalm Spnns\02-041ersrci5.doc Albert A. Webb Associates i For particulars as to the individual assessments, True Value of the lands and improvements as defined in Section 2980 of the said Code, and of outstanding special assessments levied or pending, reference is made to the following Assessment Roll. ' Dated: l L 5, 2003 ALBERT A. WEBB ASSOCIATES QROFESSIpN / v� MATTHEW E. WEBB, P. E. NO. 37385 w m ASSESSMENT ENGINEER °L No. 37385 A ASSESSMENT DISTRICT NO. 161 EXP. 6-30-04 (MOUNTAIN GATE) �Tgre of A`Fo�a�P CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA At the order of the City Council of the City of Palm Springs, the individual assessment amounts shown on the hereinafter assessment roll have been recomputed, and said recomputed amounts are listed on said roll in the column headed"Assessment as Confirmed". Dated: 2003 ALBERT A. WEBB ASSOCIATES QROFESSro'N 9 MATTHEW E. WEBB, P. E. NO. 37385 rP Fay ASSESSMENT ENGINEER m ASSESSMENT DISTRICT NO. 161 No. 37385 A (MOUNTAIN GATE) ' EXP. 6-30-04 sr c yr P CITY OF PALM SPRINGS qTe of cALiFoe�� COUNTY OF RIVERSIDE STATE OF CALIFORNIA 5-4 M.\CITTESTalm Spdngs\0M410\Sec[5.doc Albert A. Webb Associates ! ! MMM ! ! ! ! ! Mao ! ! ! i ! ! ! C I T Y O F P A L M S P R I N G S A S S E S S M E N T D I S T R I C T N O 1 6 1 Date: 06/20/03 10:09 am Page: 1 C O N F I R M E D E N G I N E E R ' S R E P O R T A.V. LAND EASE ASSESSMENT NO. A.V. IMPROVEMENTS A.V. ASSESSMENT ASSESSMENT ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME ¢ ADDRESS A.V. PARCEL YEAR LEVIED/PENDING AS FILED AS CONFIRMED 0000001 MOUNTAIN GATE PALM SPRINGS VENTURES LLC $726,405 $0.00 $5,375,250 00 $4,873,600 00 669340001-9 1535 SOUTH D ST, STE 200 $0 SAN BERNARDINO CA 92408 ----------- $926,405 0000002 MOUNTAIN GATE PALM SPRINGS VENTURES LLC $16,349 $0.00 $0.00 $0.00 669371002-6 1535 SOUTH D STREET STE 200 $0 SAN BERNARDINO CA 92408 ---------- $16,349 TOTAL LAND: $742,754 $0.00 $5,375,250 00 $4,873,600 00 TOTAL IMPROVEMENTS $0 ------------ TOTAL PARCEL: $742,754 ' CONFIRMED ENGINEER'S REPORT APPENDIX "A" RESOLUTION OF INTENTION (ON FILE AT CITY OFFICES) ' ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 1 1 1 IL9 18 �11117 119-:JJ FAX 7611 -J 8d•3- cnlm Dp1 ions u,.) RESOLUTION NO. 20623 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA. DECLARING ITS INTENTION TO FORM A 1913 ACT ASSESSMENT DISTRICT, USING 1915 ACT BONDS TO MAKE ACQUISITIONS AND CERTAIN ELIGIBLE PUBLIC IMPROVEMENTS, AND DIRECTING THE PREPARATION OF THE PRLUMiNAKr ENGINEER'S REPORT FOR THE "MOUNTAIN GATE" TRACT 30963 BY CENTURY CROWELL COMMUNITIES, LP (CENTURY VINTAGE HOMES), LOCATED AT N. PALM CANYON DRIVE (HWY. 111) AND GATEWAY DRIVE,ASSESSMENT DISTRICT NO. 161. ' WHEREAS, on January 22, 1992, the City Council of the City of Palm Springs adopted Resolution No. 17774 adopting Policies and Procedures for Special District Municipal Bond Financing for certain public improvements for City and private ' development projects, under the 1911, 1913, 1915 Improvement Acts and 1982 Community Facilities District Act, as amended; and WHEREAS, on April 3, 2002, the City Council of the City of Palm Springs adopted Resolution No. 20304, which amends Resolution No. 17774, to allow municipal and 'bond financing for single family subdivisions; and specifying a 2-percent maximum ' Special Tax per property, including the general property tax; requiring a District nf+yiii.du0r 1 rVi 1n, wiauiishing a $10,000 Appiica`uon Fee, for developers to pay for City staff costs for the district formation process; and approved a Disclosure Statement form to be signed by each prospective home buyer within the d•,sta�: tG d adore all disiict costs and declare that a municipal bond would be issued which would cause an —sesemAn+ fn he pL�cRd c1. each property owner's tax bill for a period of years, including a covenant that runs with the land in all title reports; and ' WHEREAS, Century Crowell Communities, LP (Century Vintage Homes), an v..Yvu uK.V ,y,w uprcwllGl, rr,a,l0,} w wil�«ulsi 111G IVIVUI Ila111 G2Aw Tract 3u9o3 afl IS in compliance with Resolutions No. 17774 and 20304 and has completed the required District Application Form and paid the required $10,000 Ap !iC tiC Fee e. h :^teat to construct a 308 Unit single family home subdivision located at the NE comer of North Palm Canvon Drive (Hwv. 1111 and Gatewav Drive in Palm 11rr1nn en, ' Bond financing for certain eligible public improvements for Tract 30963 In an effort to lower the purchase costs of the proposed'308 homes; and WHEREAS, on April 2, 2003, the City Council of the City of Palm Springs ' approved Minute Order 7281,Agreement A4680 hiring Albert A. Webb Associates as the Uity`b Assessmera r-ngineer and authorizing the preparation of a Preliminary and Final Engineer's Report at a cost of $29,000, plus incidental expenses (all costs paid for by NOW, THEREFORE, the City Council of the City of Palm Springs hereby resolves as follows: 1. Intention. The public interest, convenience and necessity require, and this City Council intends to order the acquisition and construction of certain public impiuvwne,fis, tuyedler with the acquisition of all easements, rights-of-way, and lands necessary therefore described in Exhibit'AA attached hereto and made a part hereof. 08 18 :007 09:34 FAI 76U d_`_` t7d.r2 Res 20623 Page 2 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of ie 13, Division 12 of the Streets and Highways Code of California (the"Act'). 3. Nature and Location of and Grades for Improvements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefore, as i,c,curdiier provided- i nere is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of rc ore Included to the extent that work Is shown on the plans to be done thereih. The streets and highways are or will be more particularly shown in the mcnrds in the nrfice of tha (7,0 Intv Pa O. lcr ^f rl,e r�L.^. Of ' California. and shall be shown upon the plans. For a general description of the area to be Included to Assessment District No. 161 of fha rily of Palm 4nrinne mfca rr hereby made to a boundary map.which is on file with the City Clerk. ' 4. Change of Grade. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed, the work will be done to the changed grades. S. Work on Private Property. In cases where there is any disparity in-level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public properly, it is herehv dMQrmin."q the rt 6 in e,, Nuouc interest and more econvriricai iu do such work on private property to enmrnate ' such disparity- In such cases, the work on private property shall, with the written LJili vi file Grrrici Or fine N+VF,eay, oe none and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. r6. Official Grades. ,This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the pians. proflee �nrl ' specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this City. 7. Descriptions — General. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are aenorni in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained In uin =rgineers itepor, ilerail,diler directed to be made and flied, shaii be controlling as to the correct and detailed description thereof. 8. Si2ecial Benefit and Boundary Ma . The contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary Dublic Denetlt, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries of which are shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made For furdwi pariicuiais. The map UN 1S 3110J II d:.J4 td1 100 J:� Res 20623 ' Page 3 indicates by a boundary line the extent of the territory included in the proposed district T ' and shall govern for all HP1:Rila ac to tha AYdent of the assessment district. 9. Filin-q—of Boundary Mao. The City Clerk is directed to file a Boundary Map with the County Recorder not later than 15 days after the adoption by this Board of the resolution setting a time and place for hearing on the written. rpnn!+ of th_ Engineer of Work as hereinafter defined. 10_ Engineer's Report. Albert A. Webb & Associates is the engineer for this assessment district (the "Engineer of Work"), and th?,, EnjMe-r of Wom is ilcrtvy directed to make and file with the City Clerk a report in writing, presenting the following: a. Maps and descriptions of the lands and easements to be acquired, if any; ' b. Plans and specifications of the proposed improvement if the improvements are not already installed. The plans and soeeificatlnec deO not npM tp ho detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the assessment district is divided into zones. the nlans and specitrcatrons shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or cid ler or both may be incorporated in the Engineer's Report as a combined document. c_ A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements. If the ' 1 ' works, appliances, or property are to be acquired as part of the improvements. 1—jl d. An estimate of the cost gi the improvements and of the cost of ' lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of registering bonds. e. A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (i) The exterior boundaries of the assessment district ' (if) The boundaries of any zones within the district. ' (iii) The lines and dimensions of each parcel of land within the district. Each subdivision shall be given a separate number upon the diagram. The ' diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govem for all details concerning the lines and dimensions of the parcels. t. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the UJIstrict in proportion to the estimated benefits to be received, by each subdivision', ' respectively, from the improvement. In the case of an assessment for installation of planned local drainage facilities which are financed, in whole or in part, pursuant to Otl 18, 2003 09:34 FdS 760 322 i� i Res 20623 Page 4 Section 66483 of the California Government Code, the assessment levied against each of s'_bdi:^ded !ond may be levied on the basis of the proportionate storm water runoff from each parcel. The assessment shall refer to the subdivisions by their ,rnbers as assigned pursuant to subdivision, (e). g. A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by this City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other reiatea funds. h. Included in the incidental expenses to be assessed against properties located within Assessment District No. 1991-3 shall be the following: (i) A special reserve fund for the bonds to be issued (as set turGZ i'r, *ertion i 1 Loiow), which fund is to be established pursuant to Part 16 of Division 10 of the Code, Sections 8880 et sec., in an amount not to exceed ten percent (10%) of the proceeds of said bonds. i (ii) Capitalized interest on said bonds for a period of not to exceed two years from their date of issue. (iii) Initial fees of a trustee for said bonds to be selected by the Director of Finance of the City. When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and i expenses of the acquisitions and ilTipiuv-dineiiis, and the assessineni shah include only the remainder of the estimated cost and expenses. ' 11. Issuance of Bonds. Serial bonds or term bonds, or both, (the 'Bonds") bearing interest at a rate not to exceed twelve percent (12%) per annum shall be issued to represent each assessment remaining unpaid for thirty (30) days after the date of recordation of the Notice of Assessment. The last installment of the bonds shall mature i a r,axirnurn of iiwonty five (25) years From the second day of September next succeeding twelve (12) months from their date. The bonds are as authorized under the Act, and are tc ba issued pursuant to and as provided in the improvement Bond Act of 1915, Division ' 10 of the Streets and Highways Code. The principal amount of bonds maturing, or subject to mandatory redemption from sinking fund installments in the case of term bonds, each year shall be such that the amount of principal maturing each year plus the ' amount of interest payable in that year will be an aggregate amount that is substantially equal each year, except for the amounts becoming due on the first series of the bonds of am, AhAoi_n ., lClh -hall be adjusted to reflect the amounts V interest earned fron+ the date of the bonds to the date when the first interest is payable on such bonds. The hnnrtc may ha in diAslons as permitted by Section 8650.1 of the Streets and Highways Code. ' 12. No Obligation to Cure Deficiencies. In the event of any,deficiency in the bond redemDtion fund to he PstAhlighed hereafter in theme nrn.cntti�Ja yhfl I�ic�-?-F„:n ..�a 08, 18 2U1)3 09:.i5 lr.i] 76U 433 h.1.3 re+i,:o a.�,.,r. — t Res 20623 ' Pages obligated to advance available funds from the District treasury to cure any such deficiency. j 13. Use of Surplus_ If any excess shall ba rpallzed from the assessment it shall , be used, in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purpoS?'s, a. Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; b. 'As a credit upon the assessment and any supplemental assessment or in the manner!+roA^ded in Section 10427.1 of the Code; c. For the call and redemption of Bonds; or d. For the maintenance of the Project. 14. Contact Person. Thomas M. Kanarr, Director of Finance and Treasurer of the r t tier r arsignated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 3200 F n'ar,niii+y C3nyon Way, Palm Springs, CA 92262, or by caiiing terepttone number(760) 323-8221. 15. Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Enginee-�� gnnnh ±_ be „i3ve as E, provided herein, are shown to be connected to the facilities,works or systems of, or are i 1 to be owned, managed and controlled by, any public agency other than this OtIlf. ^r of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10110)of the Act, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the instaiia6un of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements a+Ad acqui;iiiuns by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and fund are available to carry out the terms of any such agreement. ' 16. Refunding of Bonds. The bone!- mq,, h- r4f•,n,44,d pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Council of the City that the public interest or necessibe require, h _fu .... . . Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in amount of the installments of principa-1 an,t inf-rpst upon the assessments given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. Any adjustment to assessrr+etiis resulting from the refunding will be done on a pro-rata basis. The refunding shall be accomplished pursuant to Division 11.5 08 18- =1)03 09:35 kdi i U0 J6_ Res20623 Page 6 (commencing with Section 9500) of the Caljfnmia Streets and Highways Code, except that, if, following the filing of the Engineer's Report, the Council finds that each of the conditions specified in the resoluiion of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro-rata basis, the Council may ' approve and confirm the Engineer's Report and may, witlluui furtim krrocetuings, authorize, Issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600)of Division 11,5 of the California Streets and H: •.-.ays Cads. 17_Special Reserve Fund. Pursuant to Part 16 (commencing with Section 8880) of Division 10 of the Streets and Highways Code. there shall be included In the assessments to be levied or, the land in the Assessment District, as an incidental expense of the proceedings, an amount not to exceed ten percent (10%) of the amount of the bonds to be issued to create a special reserve fund for the bonds. Said speciai reserve fund shall be identified for all purposes with respect to the bonds which are to be ?ss _s 1^ ^''^^ A "oreof as the "Assessment District No. 161 Reserve Fund;' or by a substantlally similar designation, and upon receipt of the bond sale proreadc cam nrnragdc chall he tmnafalrerl to Grid special reserve fund, Said cpejM reserve fund shall constitute a trust fund for the benefit of the bondholders, and shall be maintained, used, transferred, reimbursed and liquidated as provided In said Part 16. 18. No Private Contract. Notice is hereby given that, In the opinion of this Council,the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and iheieiara thai, pursuant to Section 20487 of the California public Contract Code, no notice'of award of contract shall be published_ 19.Collection and Advance Paymont� of Assessr^.en!5. It Is the inte^tic^ rt this Council that collecton of assessments, advance retirement of the bonds, and advance payment of assessments shall be conducted end art-mmnlW—i in accnrdanra with the altemative procedure specified by Streets and Highways Code Sections 8760, et sue. 20. Penalty for Delinquent Payments of Assessments. A penalty of two percent (2%) per month of the total amount of any delinquent installment shall be added to the udirnquoni m5iaibnent otter the dose of business on the delinquency date and an additional penalty of two percent (2%) of the amount of the delinquency shall be added at the beginning of business on the tenth (10") day of each succeeding month uriiii ulai delinquent installment and all penalties thereon are fully paid. This penalty shall be in 5su of a!! otter^en2Nges=ram=«od by other provisions of the law. The County Treasurer and Tax Collector, as the collection agent for the district, shall collect the penalties with, as tha naart of, tha 44n.n,on* fnatallmarltg 411 —altles collected shall be- paid over fn Me bank appointed by the City as trustee, registrar, paying agent and transfer agent, and upon such payment being made, all such payments shall be deposited in the redemption fund for the bonds. 21. No Proceedings Under Special Assessment Investigation Limits j and Majority Protest Act of 1931 Required. A petition signed by the owners of more than sixty percent (60%) of the property proposed to be .assessed for the cost of the acquisitions .and Improvements waiving, among other things; the provisions of the Special Assessment Investigation, Limitation and Ma}oaty Protest Act of 1931, DiOuivo 4 of the Streets and Highways Code, is on file In the office of the City Clerk and written evidence satisfactory to the Council has been submitted In'.i�u�g `u`lat the proposed ' Res 20623 Page 7 assessment will not exceed seventy-five percent (75%) of the estimated fair market value of any land to be assessed as valued after the proposed public improvements are consimcied as to Lhe lands which are in the process of being subdivided, and as to which Sections 2804.1 and 2804.2 apply, and proceedings under said Act will not be taken. ' 22.Annual Assessment for Administrative Costs. This Council hereby makes the following costs incurred by the City, and not otherwise reimbursed, chargeable on each parcel in Assessment District No. 161 in an annual amount not to exceed two percent (2%) of the annual assessment due on each said parcels, referred to more particularly in the report of the Engineer of'WorK: ' a. Costs resulting from the administration and collection of assessments; ' b. Costs resulting from the administration and registration of the bonds;and G. Costs resulting from the administration of the reserve fund and other related funds established in connection with bonds, including without limitation the costs and expenses associated wtilr cornpiyiuy whir federal arbiiraye requireiuwiks_ 23.References to Statutory Provisions. All references In this resolution to statutory provisions of the Streets and Highways Code shall be deemed to include any and all amendments to those provisions ' 24, Repeal cf inccrcister. Resolutions. Any resolution of.this City Council, and any part of such resolution, Inconsistent with this resolution, is hereby repealed to the extent of such inconsistency. ' 25_Effective Date. This resolution shall become effective upon the date of its adoption. ' ADOPTED this 11th day of June, 2003 AYES: Councilmembers Hodges, Oden and Reller-Spurgin NOES: None ASSENT: Councilmember Mills and Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CAUFORNIA City erk City Manager REVIEWED &APPROVED 1 CONFIRMED ENGINEER'S REPORT ' APPENDIX "B" METHOD OF ASSESSMENT APPORTIONMENT ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 1 i 1 I 1 1 1 1 APPENDIX "B" METHOD OF ASSESSMENT APPORTIONMENT ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS ' PREFACE 1 The law requires and the statutes provide that special assessments, as levied pursuant to the "Municipal Improvement Act of 1913", and Proposition 218 must be based on the 1 direct and special benefit which each property receives from the works of improvement. The statutes do not specify the method or formula that should be used to apportion the assessment in any special assessment district proceedings. The City has retained the firm of Albert A. Webb Associates for the purpose of assisting the City in making an analysis of the facts in the Assessment District and recommending to the City the correct apportionment of the assessment obligation. In making the analysis, it was necessary to identify the benefits that the proposed public 1 improvement will render to the properties within the boundaries of the Assessment District and to determine that the property owners will receive a direct and special benefit distinguished from that of the general public. It was determined that the improvements are necessary and required for development of the properties within the Assessment District to ' their Rill potential, consistent with the City's General Plan, that such improvements are necessary and required for the orderly development of the properties within the Assessment District, that such improvement would be necessary and required of the property owners for the development of such properties and, therefore, that the improvements are of direct and special benefit to the properties in the Assessment District. In order to apportion the assessment in direct proportion with the special and direct benefits that each parcel will receive from the improvements, an in-depth analysis was made and several factors were used, as more fully explained hereinafter under"Method of 1 Assessment Apportionment". B-1 m,\cities\palm spnng5\02-0410\app Moe Albert A. Webb Associates Method of Assessment Apportionment (for Special Benefit) The work proposed in Assessment District No. 161 (Mountain Gate) includes the constriction and installation of roadway, sewer, water, trenching and conduit for electric utilities, and landscape improvements (as described in Section 1). The property within the Assessment District will receive direct and special benefit from these improvements. The 1 costs and expenses for these improvements have been apportioned as follows: Because this project is made up of two separate housing types (The Ventana Collection and The El Dorado Collection), two benefit zones were created as follows: 1 • Benefit Zone 1 is entitled "The Ventana Collection" and consists of 135 single-family residential lots as shown on the Assessment Diagram in Section 4. These lots are located in Tract No. 30963. It has been determined that all proposed improvements in this zone will provide an equal direct and special 1 benefit to all 135 lots for single family uses. The Assessment would then be based on an equal per lot basis. The confirmed per lot assessment is $13,400 ' for all gated lots (as shown on the Assessment Diagram in Section 4). The 26 public lots (as shown on the Assessment Diagram in Section 4) were assessed 1 the same amount ($13,400), but were lowered to $11,500 by additional developer contribution. These lots are fronting a public street and do not have access to the gated lot amenities. Hence, the developer elected to make an additional contribution to lower the per lot assessment to $11,500 on these 26 lots. • Benefit Zone 2 is also entitled "The El Dorado Collection" and consists of 173 single family residential lots as shown on the Assessment Diagram in Section 4. These lots are located in Tract No. 30963. It has been determined that all proposed improvements in this zone will provide an equal direct and special B-2 m�mties\palm springs\02-0410\app b.doc Albert A. Webb Associates benefit to all 173 lots for single family uses. The Assessment would then be based on an equal per lot basis. The confirmed per lot assessment is $18,000. All incidental expenses were pro rated to each zone based on the construction costs for each zone. Thus it was determined that each residential lot receives equal direct and special benefit. Public Lands Article XIH D, which was added to the California Constitution by the passage of Proposition 218, mandates that "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit." This Assessment District does not include any publicly owned parcels. 1 General Benefits The installation of the improvements described in Section 1 was required as a condition of the development of the area encompassed by the Assessment District. These ' improvements are being constructed for the sole benefit and enjoyment of those parcels within the Assessment District; therefore, the improvements do not result in any general benefits. 1 B-3 m\cities\palm spnngs\02-0410\app b.doc Albert A. Webb Associates r CONFIRMED ' ENGINEER'S REPORT APPENDIX "C" r RIGHT-OF-WAY CERTIFICATE 1 ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS r r ' APPENDIX `C' ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS RIGHT-OF-WAY CERTIFICATE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF INDIO The undersigned, Matthew E. Webb, P. E., hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. At all times mentioned, the undersigned was, and now is, the authorized representative of ' ALBERT A. WEBB ASSOCIATES, the appointed ASSESSMENT ENGINEER of the CITY OF PALM SPRINGS, CALIFORNIA for Assessment District No. 161 (Mountain Gate). That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of ' California, for the construction of certain public improvements in special Assessment District known and designated as 1 ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) ' (Hereinafter referred to as the "Assessment District"). C-1 m\cities\palm springs\02-0410\app e doe Albert A. Webb Associates 1 1 THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: (check one) O a. That all easements, rights-of way, or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have been ' obtained and are in the possession of the City. (X) b. That all easements, rights-of-way or land necessary for the accomplishment of the works of improvement for the above referenced Assessment District have not been obtained. It is further acknowledged that works of improvement as proposed to be acquired and/or constructed within said Assessment District must be constructed within public rights-of-way ' necessary for the works of improvement will be obtained and in the possession of the City prior to the commencement of any construction. 1 EXECUTED this day of K � S 1, 2003, at Riverside, California ALBERT A. WEBB ASSOCIATES 9 QRpFESSr� �/ F MATTHEW E. WEBB, P. E.,No. 37385 w ASSESSMENT ENGINEER NO. 37385 A ASSESSMENT DISTRICT NO. 161 EXP. 6-30-04 (MOUNTAIN GATE) sTgT CIVT� �tiP CITY OF PALM SPRINGS F OF CALIF COUNTY OF RIVERSIDE STATE OF CALIFORNIA C-2 m:\cities\palm springs\02-0410\app c.doc Albert A. Webb Associates CONFIRMED ENGINEER'S REPORT APPENDIX "D" t CERTIFICATES ASSESSMENT DISTRICT NO. 161 ' (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 1 r r I, Deputy City Clerk, as City Clerk of the City of Palm Springs, California, do hereby certify that rthe foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 2003. r CITY CLERK CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA rI, as City Clerk of the City of Palm Springs, California, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was rapproved and confirmed by the City Council of said City on the day of , 2003. r rCITY CLERK CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA r I, as Superintendent of Streets of the City of Palm Springs, California, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the day of , 2003. 1 1 r SUPERINTENDENT OF STREETS CITY OF PALM SPRINGS COUNTY OF RIVERSIDE rSTATE OF CALIFORNIA r D-1 M:\CITIES\Palm Springs\02-0410\App D certificates.doc r A L B E R T A. `���� 3788 McCray Street,Riverside,CA 92506 Pbone(909)686-1070 Fax(909)788-1256 v�/ L www.webbassociates.com A S S O C I AT E S ENGINEERING CONSULTANTS W.O. 02-410 August 26, 2003 Mr. Dave Barakian Director of Public Works City of Palm Springs 3200 E. Tahquitz Canyon Way Patin Springs, CA 92262 RE: Addendum No. 1 to Confirmed Engineer's Report for Assessment District No. 161 (Mountain Gate) Dear Mr. Barakin: III order to comply with the necessary legal requirements following are the revisions Under this Addendum No. 1: 1. I i Section 1, on page 1-2 and page 1-3 of the Confirmed Engineer's report for the above referenced project, delete the paragraph entitled "Underground Existing Power Lines". 2. Section 3, Estimate of Cost and Expenses, is revised as per the attached Engineer's Cost Estimate. Sincerely yours, ALBERT A. WEBB ASSOCIATES Paul Thompson Manager, Special Assessment/Tax Services cc: Merle G. Schulze, Urban J. Schreiner, Suzanne Q. Harrell, Sara Oberlies, Carlos H. Cueva Attachment �r! �l M\f ITIPC\Palm yypnc\01-041 MAddPndnn.Nn 1 CnnF mrrl Fim's R1p1 7nr CIVIL ENGINEERING•PLANNING•ASSESSMENT/SPECIAL TAX CONSULTING•WATER RESOURCES ENGINEERING ENVIRONMENTAL ANALYSIS•SURVEYING•CONSTRUCTION MANAGEMENT&INSPECTION-TRAFFIC ENGINEERING DOC a 2003-687105 09/05/2003 08:00A Fee:10.00 Page 1 of 2 Recorded in Official Records PLEASE COMPLETE THIS INFORMATION County of Riverside RECORDING REQUESTED BY: Gary L. Orso Assessor, County Clerk 8 Recorder 111111111111111111111111111111111111111III111111111 III AND WHEN RECORDED MAIL TO: M S U PAG SIZE DA PCOR NOCOR SMF MISC ,Ny1x2L C 6, 5C H41C- -Z� /'IL �lc'7z-r /f'. We lsb �'IsSuG�fT�� 3 �� < �� S�'� � 0" A R L COPY LONG REFUN NCH EXAM 9{ �o�aGi E2F Title of Document TII fl�� AEA FO' RECORDERS U 0"E ®r"N L II THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4REO(Rev. 02/2003) NOTICE OF ASSESSMENT Pursuant to the requirements of Section 3114 of the Streets and Highways Code, the undersigned clerk of the legislative body of the City of Palm Springs, County of Riverside, State of California, hereby gives notice that a diagrain and assessment were recorded in the office of the Superintendent of Streets of that city as provided for in Section 3114 of the Streets and Highways Code, and relating to the following described real property: Assessor's Parcel No. 669340001-9, Records of Riverside County, State of California Notice is further given that upon the recording of this notice in the office of the country recorder, the several assessments assessed on the lots, pieces, and parcels shown on the Assessment Diagram filed on the ==1 day of September, 2003 in Book S`1 of Maps of Assessment and Community Facilities Districts at page -1E , as Instrument No. (P89lo`i in the office of the County Recorder, County of Riverside, State of California, shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the assessment diagram and assessment roll recorded in the office of the City of Palm Springs, California. Pursuant to Section 27288.1 of the Government Code, the following is the name, and address of the owner of the property being assessed: Mountain Gate Palm Springs Ventures LLC 1535 South D. Street, Suite 200 San Bernardino, CA 92408 Dated: 3 C idy vF P�1�v>7 SCR;ivy S atricia A. Sanders, City Clerk II III I ICI IIII III I II II I I II ©�©5 630C rier, 1 003/042/2 5 6 5 9 vl RESOLUTION NO. 20709 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION RELATING TO THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) OF THE CITY AND THE ISSUANCE OF BONDED INDEBTEDNESS ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) The City Council of the City of Palm Springs, California (the "City Council"), does hereby resolve as follows: WHEREAS, the City Council called and duly held an election in the Assessment District No. 161 (Mountain Gate) (the "District") on September 3, 2003, for the purpose of presenting to the qualified electors within the District, a proposition for the levy of special assessments within the District and the issuance of bonds on the security of such special assessments; and WHEREAS, the.landowners of record within the District as of the close of the public hearing held on September 3, 2003 unanimously consented to a waiver of the time limits for setting the notice of public hearing election. Such waivers are set forth in written forms executed by the landowners which are on file with the City Clerk as election official (the "Election Official") concurring therein; and WHEREAS, the special election was duly and lawfully held on September 3, 2003; and WHEREAS, there has been presented to this City Council a Certificate of the Election Official as to the Results of the Canvass of the Election Returns (the"Certificate of the Election Official"),a copy of which is attached hereto as Exhibit"A"; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, Calfornia, as follows: Section 1. The above recitals are true and correct. Section 2. The canvass of the votes cast in the District at the special election held in the District on September 3, 2003, as shown in the Certificate of the Election Official, is hereby approved and confirmed. Section 3, The Proposition voted on at such election received a unanimous vote of the qualified electors voting at said election, and has carried. The City Council is hereby authorized to take the necessary steps to levy the special assessments authorized by the Proposition, on all non-exempt property within the District, and to issue, from time to time as it determines appropriate, bonds for the benefit of the respective parcels of land within the District secured by such special assessments. 1003/042/25555 A 7 Resblution 20709 Page 2 Section 4. The City Clerk is hereby directed to enter the title of this Resolution on the minutes of the City Council and to indicate the official declaration of the result of such special election. Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. ADOPTED this 3rd day of September, 2003. AYES: Members Bodges, Retler-Spurgin and Mayor prwtem Oden NOES: None ABSENT: MembersMills and Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM City Attorney . 1003/042/25555 v1 Resolution 20709. Page 3 EXHIBIT A CITY OF PALM SPRINGS, CALIFORNIA ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) OF THE CITY OF PALM SPRINGS CERTIFICATE OF THE ELECTION OFFICIAL AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS ) I; Patricia Sanders, City Clerk in my capacity as Elections Official in the City of Palm Springs, California, DO HEREBY CERTIFY, that pursuant to the provisions of Division 15, commencing with Section 16000 of the Elections Code of the State of California, I did canvass the return of the votes cast at the Special Election on September 3, 2003, held in ASSESSMENT DISTRICT-NO. 161 (MOUNTAIN GATE) OF THE CITY OF PALM SPRINGS 1 FURTHER CERTIFY that the Statements of All Votes Cast, to which this certificate is attached, shows the total number of ballots cast within the territory to be included, Within the District and the totals shown for such Proposition are full, true and correct. WITNESS my hand and Official Seal this 3' day of September, 2003. CITY OF PALM SPRINGS, CALIFORNIA, ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) OF THE CITY OF 'PALM SPRINGS City Clerk 10031042125555 vi 3 Resolution 20709 Page 4 CITY OF PALM SPRINGS ASSESSMENT DISTRICT NO, 161 OF THE CITY OF PALM SPRINGS MOUNTAIN GATE STATEMENT OF ALL VOTES CAST SPECIAL ELECTION SEPTEMBER 3, 2003 Qualified Landowner Votes Votes Cast YES NO City of Palm Springs, District No. 161 (Mountain Gate) of the City of Palm (� Springs, Special Election, September 3, 2003 PROPOSITION A-1 SUBMITTED TO VOTE OF VOTERS: Shall the City of Palm Springs form Assessment District No. 161 and levy assessments for the purpose of providing funds and selling improvement bonds over a period not to exceed 25 years from the next September 2 following 90 days of the date of such bonds in an amount not to exceed $5,375,250 to pay for the acquisition and construction of public and utility improvements which specially benefit property in such Assessment District No. 161, such property also known as Tract No. 30963? 1003/042P5555 v1 RESOLUTION NO. 20710 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) WHEREAS, the Finance Director (the "Finance Director") of the City of Palm Springs (the "City") has filed with the City Clerk a list of paid and unpaid assessments for Assessment District No. 161 (Mountain Gate), a copy of which list is attached to this resolution as Exhibit A and by this reference incorporated herein, certifying that 30-day period during which to pay such assessment has been waived by unanimous consent of the owners of property in Assessment District No. 161 (Mountain Gate) and that no cash payments were received, and that the amount of assessments remaining unpaid is equal to the amount of assessments levied; and WHEREAS, the City Council of the City (the "City Council") wishes to establish said amount as the amount of unpaid assessments and to ratify the amount of not to exceed $5,375,250 as the principal amount of limited obligation improvement bonds authorized and issued in these proceedings upon the security of said unpaid assessments. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California as follows: SECTION 1. Assessments Unpaid. This Council hereby finds and determines that, as set forth in the attached List of Unpaid Assessments, and there being no information to the contrary, the amount of assessments remaining unpaid in Assessment District No. 161 (Mountain Gate) is the amount set forth in said List of Unpaid Assessments, and by separate resolution, this Council has authorized the issuance of limited obligation improvement bonds of the City in a principal amount to be established on the basis of said unpaid assessments. The principal amount of bonds to be issued shall be equal to the amount of assessments levied, rounded down, if necessary, to the nearest $5,000. SECTION 2. Transmittal to County Auditor. The City Clerk is hereby directed to transmit a copy of this resolution to the County Auditor-Controller of the County of Riverside, and said County Auditor is requested to proceed in accordance with Section 8682 of the California Streets and Highways Code in the collection of installments of these assessments and the interest thereon on the secured property tax assessment roll of the County, commencing with the 2004-05 tax roll. 1003/008/24960 v1 1 / Resolution 20710 Page 2 SECTION 3. Effective Date. This Resolution shall take effect immediately upon adoption. ADOPTED this 3 d day of September, 2003. AYES: Members Hodges, Reller-Spurgin and Mayor .pro tem Oden NOES: None ABSENT: Member Mills and Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM City Attorney 10031008/24960 v1 2 Resolution 20710 Page 3 EXHIBIT A CITY OF PALM SPRINGS ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CERTIFICATE OF PAID AND UNPAID ASSESSMENTS I HEREBY CERTIFY that (1) the 30-day cash collection period during which assessments may be paid in cash has been waived by unanimous consent of property owners in A.D. No. 161, and no cash payments have been received in Assessment District No. 161 (Mountain Gate), City of Palm Springs, California, and (2) that the amount of assessments remaining unpaid in Assessment District No. 161 (Mountain Gate) is therefore equal to the principal amount of assessments levied, as indicated on Exhibit A attached hereto. Executed at Palm Springs, California, on��� 2003. Tom Kanarr Finance Director City of Palm Springs 10031008/24960 v1 / Resolution 20710 Page 4 CITY OF PALM SPRINGS ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) LIST OF PAID AND UNPAID ASSESSMENTS Assessment Assessor's Parcel Confirmed Number Number Parcel Owner Assessment Amount 00001 669-340-001-9 Mountain Gate Palm Springs $4,873,600.00 Ventures, LLC 00002 669-371-002-6 Mountain Gate Palm Springs $ 0.00 Ventures, LLC TOTAL $4,873,600.00 PAID ASSESSMENT: $0.00 UNPAID ASSESSMENTS: $4,873,600.00 10031008/24960 v1 / RESOLUTION NO. 20711 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL ENGINEER'S REPORT, LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND AUTHORIZING AND DIRECTING RELATED ACTIONS ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) WHEREAS this City Council ("Council") of the City of Palm Springs ("City"), California, has adopted its Resolution of Intention declaring its intention to take special assessment proceedings; and WHEREAS, this Council has approved a map and adopted the boundaries shown on such map as describing the extent of the territory included in a proposed assessment district to be known as Assessment District No. 161 (Mountain Gate), City of Palm Springs, State of California; and WHEREAS, this Council has declared its intention to order improvements to Assessment District No. 161 (Mountain Gate) and to levy a special assessment upon the land within the described assessment district, and has given notice of its intention to issue bonds, in accordance with the Improvement Bond Act of 1915 (the "1915 Act"), representing all unpaid assessments; and WHEREAS, at the direction of this Council, Albert A. Webb and Associates, as Engineer of Work for improvement proceedings in Assessment District No. 161 (Mountain Gate), has filed with the City Clerk the report prescribed in Section 10204 of the Streets and Highways Code (the "Preliminary Engineer's Report"); and WHEREAS, by its Resolution No. adopted on June 11, 2003, this Council preliminarily approved the Preliminary Engineer's Report; and WHEREAS, notice of hearing was waived by property owners, as evidenced by the Waiver of Notice of Hearing filed with the City Clerk; and WHEREAS, prior to the public hearing set for September 3, 2003, the Engineer of Work filed with the City Clerk a Final Engineer's Report (the "Engineer's Report") which revised the costs and expenses of the work, improvement, proceedings and financing, and revised the assessment roll without increasing the amount of any proposed assessment; and WHEREAS, the public hearing set for September 3, 2003, was conducted, and having providing opportunity for any interested person present to be heard, the hearing was closed; and WHEREAS, this Council finds and determines that, for purposes of the majority protest provisions of Section 10311 of the California Streets and Highways Code (the "Code"), no written protests were presented before the close of the hearing and that, therefore, there was not a majority protest; and }� 1003/042/25779 vl t / 1 Resolution 20711 Page 2 WHEREAS, this Council finds and determines that the proposed assessment of the cost and expenses of the proposed improvement upon the respective parcels of land in the assessment district, as set forth in the Engineer's Report, as Section 3 and 5 thereof, represents a fair and equitable apportionment of such cost and expenses in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California as follows: Section 1. This City Council hereby overrules each of the protests submitted, whether written or oral, being satisfied, based upon all of the information known to the Council and presented in the record of these proceedings, that the recommendations set forth in the Engineer's Report are in conformity with legal standards and requirements and that the recommended assessment has been established in a fair and equitable manner reflecting the estimated benefit to the respective parcels in proportion to such estimated benefits. Section 2. The Engineer's Report filed by the Engineer of Work is hereby approved by this Council without modification. Section 3. The proposed work and improvement, as described in Section I of the Engineer's Report, is hereby ordered. Section 4. The individual assessments, in the amounts stated in Section 5 of the Engineer's Report are hereby confirmed and levied, and in accordance with Section 10312 of the Code this action is final as to all persons. Section 5. The assessment diagram, as set forth in Section 4 of the Engineer's Report, shall be filed for record in the Office of the County Recorder for Riverside County, as required by Section 3114 of the Code; that a notice of assessment, containing the matters required by said Section 3114 shall be prepared, executed and recorded by the City Clerk; and that notice of recordation of assessment shall be given by publication and by mail in the form and manner required by Section 10404 of the Code. Section 6. There will be no cash payments from property owners on account of the assessments levied, since the owners of all property assessed have waived the cash payment period, and a copy of such waiver is on file with the City Clerk, and there has been filed with the City Clerk a list, showing payments received and assessment amounts remaining unpaid (the "Paid and Unpaid List"). 1003/042/25779 v 1 2 w y, Resolution 20711 Page 3 Section 7. Following receipt of the Paid and Unpaid List from the Finance Director, this Council intends to proceed with authorization for the issuance and sale of limited obligation improvement bonds (the "Bonds") pursuant to the 1915 Act upon the security of unpaid assessments, bearing interest at a rate not to exceed twelve percent (12%) per annum, with the last principal installment of the bonds to mature twenty-five (25) years from the second day of September next succeeding twelve (12) months from their date. ADOPTED this 3`d day of September, 2003. AYES: Members Hodges, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Member Mills and Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM City Attorney 1003/042/25779 v1 3 F`/^( ! L RESOLUTION NO. 20712 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THAT CERTAIN "WATER FACILITIES AGREEMENT" BETWEEN THE CITY AND DESERT WATER AGENCY; AUTHORIZING EXECUTION THEREOF BY APPROPRIATE CITY OFFICIALS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) WHEREAS the City Council ("Council') of the City of Palm Springs ("City'), California, has taken proceedings pursuant to the Municipal Improvement Act of 1913 ("1913 Act) Division 12 of the Streets and Highways Code, for the formation of an assessment district, the levy and collection of assessments, and the issuance and sale of limited obligation improvement bonds (the "Bonds") pursuant to the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code; and WHEREAS, the assessment district is denominated "Assessment District No. 161" ("AD No. 161"); and WHEREAS, proceeds from the sale of Bonds shall be used, among other things, to pay for public improvements including to pay for water system improvements and connection fees required for the development of land within AD No. 161; and WHEREAS, the water facilities (and the connection fees relevant to such facilities) shall become the property of Desert Water Agency ("Desert') and it is required by said Sections 10109 and 10110 of the 1913 Act that the transfer of such facilities be pursuant to a written agreement between the City and Desert; and WHEREAS, that certain "Water Facilities Agreement," a copy of which is attached hereto as Exhibit A, is an agreement which meets the requirements of Sections 10109 and 10110; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. 1 003/042/2 543 0 v2 Resolution 20712 Page 2 Section 2. That said Water Facilities Agreement in substantially the form of Exhibit A hereto is hereby approved and the City Manager and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. ADOPTED this 3`6 day of September, 2003. AYES: Members Hodges, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Member Mills and Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM City Attorney 1003/042/25430 Q 2 Resolution 20712 Page 3 EXHIBIT A WATER FACILITIES AGREEMENT (ATTACHED) 1 0 03/0 42/2 543 0 v2 A-1 114,53 Resolution 20712 Page 4 WATER FACILITIES AGREEMENT Between CITY OF PALM SPRINGS and DESERT WATER AGENCY relating to ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) OF THE CITY OF PALM SPRINGS 1003/042125185 v4 Resolution 20712 Page 5 WATER FACILITICS AGREEMENT THIS WATER FACILITIES AGREEMENT (the "Agreement") is entered into effective as of the I" day of September, 2003, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City), and DESERT WATER AGENCY, a public agency ("Desert"), and relates to the formation by the City of a special assessment district to be known as "Assessment District No. 161 (Mountain Gate) of the City of Palm Springs" ("A.D. No. 161") for the purpose of financing certain public facilities and equipment, including water facilities (the "Facilities") to be acquired by Desert from proceeds of bonds issued by the City. RECITALS: A. The-property depicted in Exhibit A hereto (the "Property") which is located in the City of Palm Springs, State of California, constitutes the land within the boundaries of A.D. No. 161. MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware corporation ("Property Owner") is the owner of the Property. B. The City has primary responsibility for the formation and administration of A.D. No. 161. C. On June 11, 2003, the City Council of the City of Palm Springs (the "City Council") adopted Resolution No. 20623 declaring its intention to form and establish A.D. No. 161 and to issue bonded indebtedness of A.D. No. 161 (the "Bonds") pursuant to the provisions of the Municipal Improvement Act of 1913, Chapter 7 of Division 12 of the California Streets and Highways Code and the Improvement Bond Act of 1915, Division 10 of said Code (commencing with Sections 10,000 and 8000 of said Code, respectively) (collectively, the "Act"). D. On July 8, 2003 for Unit No. 1 and August 5, 2003 for Unit No. 2, the Property Owner and Desert entered into the Agreements (Developer Installed Water and/or Sanitary Sewer Facilities) (the "Developer Agreements") wherein the Property Owner agreed to construct and install the Facilities and upon acceptance of such Facilities by Desert, title to the Facilities will vest in Desert. E. Desert has completed its analysis of the Facilities and has approved all plans and specifications in connection with the Facilities, the Developer Agreements and the engineer's report. F. The parties hereto find and determine that the residents residing within the boundaries of Desert and the City will be specially benefited by the construction and/or acquisition of the Facilities and that this Agreement is beneficial to the interests of such residents. G. This Agreement constitutes a joint community facilities agreement, within the meaning of Sections 10109 and 10110 of the Code, by and between Desert and the /1 C'S 1003/042/25185 0 Resolution 20712 Page 6 City, pursuant to which the City will be authorized to finance the construction and/or acquisition of the Facilities with the proceeds of the Bonds. As authorized by Section 10109 and 10110 of the Code, responsibility for constructing, providing for and operating the Facilities is delegated to City to the extent set forth herein. In addition to the Facilities, certain facilities to be owned and operated by the City are expected to be funded with proceeds of the Bonds. H. Desert finds and determines that, to the extent funds are made available to Desert pursuant to this Agreement, the Property will be credited an equal amount against Desert fees due and owing under the Developer Agreements, or to become due and owing, in connection with the development of the Property. AGREEMENT 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Sale of Bonds and Use of Proceeds. Upon formation of A.D. No. 161, the City Council may, in its sole discretion, finance the Facilities and the payment of connection fees to be paid to Desert by issuing the Bonds in one or more series. To the extent that the City Council determines, in its sole discretion, that Bond proceeds are available to finance the payment of connection fees to Desert, the City Council shall notify Desert of the amount of such Bond proceeds reserved for that purpose. As proceeds of the Bonds are transferred to Desert as described in Section 3 below, the Property with respect to which such transfer was made shall receive a credit in the amount transferred against the payment of water connection fees, as applicable. Nothing herein shall supersede the obligation of an owner of the Property to pay all water connection fees to Desert when due. The purpose of this Agreement is to provide a mechanism by which the City may issue the Bonds to provide a source of funds to finance the payment of water connection fees or as reimbursement of payment of water connection fees under the Developer Agreements. In the event that Bond proceeds, including investment earnings thereon, are not available to satisfy the obligation, then the Property Owner shall remain obligated to pay water connection fees to Desert as a condition of receiving water service to the Property. 3. Disbursements. (a) Bond proceeds determined by the City to be available for the payment of Desert's connection fees shall be held by the City in a special fund (the "Water Facilities Account of the Acquisition and Construction Fund"). (b) The City shall make disbursements from the Water Facilities Account of the Acquisition and Construction Fund upon request of Desert and the Property Owner in the Form of Exhibit B hereto and made in accordance with the terms of this Agreement. (c) Desert agrees that prior to requesting payment it shall review the number of water service connections to provide water service to the Property and shall 1003/042/25185 v4 2 Resolution 20712 Page 7 calculate the amount of the connection fees to be paid for providing water service to the Property. Desert agrees that it will comply with all legal requirements for the expenditure of Bond proceeds under the Internal Revenue Code of 1986 and any amendments thereto. (d) Following the funding of the Water Facilities Account of the Acquisition and Construction Fund, Desert and Property Owner may submit'a request for payment, in the form attached hereto as Exhibit B, for (a) disbursement to Desert or Property Owner of Bond proceeds for the payment of Desert's connection fees for providing water service to the Property or (b) reimbursement for connection fees paid in connection with the Facilities pursuant to the Developer Agreements prior to the availability of the Bonds, which request shall be signed by an authorized officer of Desert and Property Owner. Upon receipt of an approved payment request completed in accordance with the terns of this Agreement, the City shall wire transfer (or pay in another mutually acceptable manner) to Desert or Property Owner, as requested such requested funds to the extent that Bond proceeds are available for such purpose. 4. Construction. Property Owner will complete the design of the Facilities and the plans and specifications for construction of the Facilities and will be responsible for constructing the Facilities in accordance with the terms of the Developer Agreements. Upon completion of construction according to the Plans and Specifications approved by Desert, Property Owner will convey the Facilities to Desert and Desert will accept the Facilities. The parties hereto expect the Facilities to be installed and completed by July, 2004. 5. Ownership of Facilities. Upon completion and acceptance of the Facilities by Desert, title to the Facilities shall vest in Desert and constitute part of its system. Desert shall use, operate, maintain and manage the Facilities. 6. Indemnification. .. The City shall assume the defense of, indemnify and save harmless, Desert, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the City with respect to this Agreement and the issuance of the Bonds; provided, however, that the City shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their agents or employees. Desert shall assume the defense of, indemnify and save harmless, the City, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason, or resulting from, any act or omission of Desert with respect to this Agreement; provided, however, that Desert shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their agents or employees. 7. Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. / n 6 1003/042/25185 v4 Resolution 20712 Page 8 8. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. 9. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-tow hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: City: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Facsimile: (760) 323-8207 Attention: City Manager Desert: Desert Water Agency 1200 Gene Autry Trail South P.O. Box 1710 Palm Springs, California 92263 Facsimile: (760) 325-6505 Attention: General Manager 10. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. 11. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 13. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party',s right to insist and demand strict compliance by such other party with the terms of this Agreement thereafter. 14, No Third Party Beneficiaries. No person or entity other than the Property Owner (and their respective successors and assigns) shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than Desert, the City, and the Property Owner (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 1 0 03/0 4212 5 1 8 5 v4 4 Resolution 20712 Page 9 15. Singular and Plural: Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above. CITY OF PALM SPRINGS David H. Ready, City Manager ATTEST: By: Clerk of the City of Palm Springs DESERT WATER AGENCY Dan Ainsworth, General Manager ATTEST: By: Secretary of the Board of Directors ACKNOWLEDGED AND AGREED TO BY: MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware corporation By: President By: Vice President of Finance 10031042/25185 v4 5 Resolution 20712 Page 10 EXHIBIT A THE PROPERTY The property included in A.D. No. 161 is described as: 1. Assessor Parcel No. 669-340-001-9 (Tract No. 30963-2 and Tract No. 30963-3 2. Assessor Parcel No. 669-371-002-5 (Tract No. 30963-1) 1003/042/25185 A A-1 Resolution 20712 Page 11 . Sequence No. SA# EXHIBIT B DISBURSEMENT REQUEST FORM 1. The City of Palm Springs (the "City") is hereby requested to pay from the Water Facilities Account of the Acquisition and Construction Fund established in connection with its Series 2003 Limited Obligation Bonds (the "Bonds") to [Desert Water Agency ("Desert")][Property Owner], as Payee, the sum set forth in 3 below. 2. The undersigned certifies that the amount requested hereunder is due and payable to Desert as fees for providing connections to provide water service to the Property located within Assessment District No. 161 (Mountain Gate) of the City of Palm Springs. The amount requested is due and payable, has not formed the basis of prior request or payment and is being made with respect to the connection of the property described in paragraph 3 hereof to [Desert][Property Owner]. 3. Amount requested: $ For Lot Nos. 4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Water Facilities Agreement by and between the City and Desert dated as of 2003 (the "Agreement"). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. DESERT WATER AGENCY MOUNTAIN GATE PALM SPRINGS VENTURES, LLC, a Delaware corporation By: By: Name: Name: Title: Title: Date: Date: cc: Finance Department 1003/042/25185 A B-1 RESOLUTION NO. - 20713 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND RATIFYING ALL ACTIONS HERETOFORE TAKEN IN CONNECTION WITH THE FORMATION OF ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE), THE BALLOT PROCEDURE, PUBLIC HEARINGS, NOTICES OF HEARING, LEVY OF AND COLLECTION OF ASSESSMENTS, ISSUANCE OF BONDS, AND THE REQUIRED ACTS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, DIVISION 4.5 OF SUCH CODE, DIVISION 12 OF SUCH CODE, AND ARTICLE XIII C OF THE CALIFORNIA CONSTITUTION; AND NEEDING CERTAIN OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) WHEREAS, the City Council ("Council') of the City of Palm Springs ("City") has taken proceedings pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (the "1913 Act') for the formation of an assessment district (the "District'), the levy and collection of assessments, the acquisition of public improvements, and the issuance of limited obligation bonds; and WHEREAS, the District is denominated "Assessment District No. 161 (Mountain Gate)" (AD No. 161); and WHEREAS, such proceedings are authorized under and pursuant to Division 4, 4.5, 10 and 12 of the Streets and Highways Code of California and Article XIII C of the California Constitution; and WHEREAS, the City Council decides to approve and ratify all actions heretofore taken in the manner set forth herein; NOW THEREFORE BE IT RESOLVED by the City of Palm Springs, California, as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That all of the actions relative to the following are hereby approved and ratified: (a) Formation of the District; (b) The ballot and election procedure; (c) The conduct of public hearings; (d) The giving of notice of public hearings; 10031042/25558 v2 _ O'/ Resolution 20713 Page 2 (e) The confirmation, levy and collection of assessments; and (f) The compliance with the statutes and the Constitutional provision cited in the recital hereof. ADOPTED this 3rd day of September, 2003, AYES: Members Hodges, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Member Mills and Mayor Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED AS TO FORM City Attorney 10031042/2555802