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HomeMy WebLinkAboutA4726 - GUENTNER SEWER CONSTRUCTION REFUND CAMINO ALTURAS CAMINO MONTE L DOC N 2003—G20740 08/13/2003 08:00A Fee:NC Page 1 of 8 Recorded in Official Records County of Riverside Gary L. Orso RECORDING REQUESTED BY; I Assessor, of IIICounty o III Clerk r I II IIIRecorder d III CITY OF PALM SPRINGS AND WHEN RECORDED MAIL TO: City of Palm Springs P.O.Box 2743 M S U PAGE SIZE OA PCOR NOLOR SMF MISC. Palm Springs, CA 92263 Attn: City Clerk A R L COPY LONG REFUND NCHG E%AM EI Sewer Agreement#4726 Title of Document Bernard & Mary Guentner- Sewer Construction Refund AGREEMENT #4726 R20635, 6-18-03 THIS AREA FOR RECORDERS' USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies) URECoanm coati,UQ SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND B'E/RNARD A. & MARY M. GUENTNER 7 SEWER AGREEMENT NO. 7 I�L7 THIS SEWER AGREEMENT made and entered into this_a_day of 2003, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, her inafter called the CITY, and BERNARD A. & MARY M. GUENTNER , hereinafter called the DEVELOPER. WHEREAS, the CITY has established a policy for sewer refund agreements by City Council Resolution No. 13487 dated August 6, 1980 and Resolution No. 16031 dated October 15, 1986,which by reference are hereby made a part of this agreement; and WHEREAS, the DEVELOPER is, at the time of this agreement, the owners of the residence at 1921 Camino Monte at intersection of Camino Alturas(Assessor's Parcel No. 513-380-063), delineated on the plat"Camino Alturas Sewer Construction Refund Agreement'attached hereto, marked Exhibit"A", and hereby made a part; and WHEREAS, the sanitary sewers that are the subject of the AGREEMENT (Off-Site Sewers on Camino Alturas) have been dedicated to public use by the DEVELOPER, and have been accepted by the CITY; and WHEREAS, the CITY has determined that benefit from the construction of the Off-Site Sewers on Camino Alturas will accrue to properties connecting to the Off-Site Sewer('PARCELS'}; and WHEREAS,the DEVELOPER has submitted a financial statement of construction costs totaling$71,550 (less$5,000 sewer lateral and$4,000 septic system abandonment at 1921 Camino Monte)=$62,550 net cost for said sewer main extension from TRI-STAR CONSTRUCTION & EXCAVATION dated February 14, 2002, copies of which are attached hereto and marked "Exhibit B", and made a part of this agreement; and WHEREAS, the DEVELOPER, in accordance with the before mentioned Council Resolution has requested that the CITY and the DEVELOPER enter into a Sewer Refund Agreement to reimburse the DEVELOPER for the cost of off-site sewer which benefits other properties; and WHEREAS, the CITY has determined that benefit from the construction of off-site sewer will accrue to properties connecting to the off-site sewer; and WHEREAS, the CITY had determined that said benefit will be in direct proportion to Parcel Nos. 513- 380-032, 513-380-053, 513-380-063, 513-380-071, 513-400-001 and 513-400-002 as shown on Exhibit "A"; and WHEREAS, it is in the best interests of the DEVELOPER and the CITY to establish the AGREEMENT to provide for an equitable apportionment of construction costs for the Off-Site Sewers to properties benefitting from the construction of the Off-Site Sewer. 1 IIIIII IIIIII IIIIII IIII I III IIII III I I III 08,Zf3 ©8 88Q00R 2 NOW, THEREFORE,THIS AGREEMENT WITNESSETH that for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is hereby agreed that: SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit"A"abutting Off- Site Sewers shall pay to the CITY the amount shown herein, plus sewer connection charges in effect at such time prior to a permit being issued for connection to the Off-Site Sewers. Upon receipt of such payment CITY shall pay the DEVELOPER the amount shown herein. The Assessment for Parcels is hereby established at a Calculated Benefit for Six(6) Properties (Based on total net sewer main construction cost of$62,550) as follows: ASSESSOR'S NO. ASSESSMENT PALM SPRINGS STREET ADDRESS 1. 513-380-032 $12,510 450 Camino Alturas 2. 513-380-053 $12,510 400 Camino Alturas 3. 513-380-063 $12,510* 1921 Camino Monte (Note#1)* 4. 513-380-071 $12,510 380 Camino Alturas 5. 513-400-001 $ 6,255 1935 Camino Monte (Note#2)** 6. 513-400-002 6,255 1951 Camino Monte (Note#2)** TOTAL $62,550 The above assessments represent a proportionate redistribution of the costs of the construction of the Off-Site Sewers based on each Parcel's(proportionate benefit)in relation to sewer main extension costs. *Note #1: Bernard A. & Mary M. Guentner are the sole property owners who constructed the subject sewer main extension (contracted to Tri-Star Construction & Excavation) at their sole expense. *($12,510 amount indicated is for proportionate spread purposes only-No additional payment required) **Note#2: Properties at 1935 and 1951 Camino Monte were assessed('/ share each)because they will be required to extend the sewer main to serve their properties prior to connection, since the subject sewer main extension does not directly front their properties. Their total connection cost will therefore be more than the''/:share cost above after their additional cost for further sewer main extension is added to their costs.A separate sewer reimbursement agreement would be initiated by the first of these 2 property owners to extend the main, unless they mutually agree to share the extension costs up front. SECTION 2. No Representations CITY makes no representation as to when, if ever, it will receive the above costs assessed on the Parcels. 2 111111111 IN 96�3,12 3@ a8:09A SECTION 3. Amendment The parties hereto mutually agree that this Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. SECTION 4. Integration It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any, between the parties, and none shall be used to interpret this Agreement. Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency. This Agreement incorporates all the understandings of the parties. SECTION 5. Recordation The City Clerk shall record this AGREEMENT in the Recorder's Office of the County of Riverside, California. IN WITNESS WHEREOF, the CITY and the DEVELOPER has her unto caused these presents to be executed the day and year first above mentioned. (Signatures to be notarized) DEVEL ER• ERI A. E E c MAR M. TNER EST: CITY OF PALM SPRINGS, CALIFORNIA ity Clerk �i� Ci anager Reviewed and Approved By: (/C/• y`�4=n -City AttoFhey Attachments: 1. Exhibit"A" Sewer Refund Agreement Plat(Camino Alturas & Camino Monte) in Palm Springs, CA. 2. Exhibit"B" Financial Statement of Construction Costs (Tri Star Construction & Excavation) APPROVED BY THE CITY COUNCIL `3 IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIII go/13a90398;BOA " State of California ) t7(!30 )ss. County of-Itivorside �Vr7 tit �/ On ,1,� before me, Date Name and Title of Officer personally appeared -----------------Bernard A. Guenther------------------------__�__ Name(s)of Signens) ®proved to me on the basis of satisfactory evidence FFI SEAL SHARON KAY LUX to be the person(s)whose name(s)W=subscribed to the within 111111 d ;NOTARY PUBLIC-CALIFORNIAU3 instrument and acknowledgment to me that he/shefdmey executed 236967 SAN DI NO.COUNTY the same in his/herkheir authorized ca aci and that b � SAN DIEGO COUNTY p t3'E�, Y MY COMM.EXP OCT 8 2003 his/hm*heir signatures(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand anq o anal seal Signature of Notary Public State of California ) )ss. County of Riverside ) On Sine-oaS 93 before me, Came Rovnev,Notary Public , Date Name and Title of Officer personally appeared_ ----------------------—-----Mary M. Guentner-------—------------------------------ Name(s)of Signer(s) ROVNEY ®proved to me on the basis of satisfactory evidence Canmyyon# 134e457 f Motoy RA*c-CaYtomia pambe CwW IF to be the person(s)whose name(s)is/are subscribed to the within j0: 1MVCWM BPWMM26,2004 instrument and acknowledgment to me that he/she/thcy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature 517157mmyg4c IIII II I I III II II I IIII IIII III II II I II r Der z e 00s0eF sties 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of v e r s 1 d e tr II r�� On �U(IV al a003 before me, rlU0in, � •NiCho)$, N0�0.Yy �ub�iC D� Name aid T'nle of Off]as (e.g.,"JaneD o,Noary Publle'7 personally appeared David 4. eAot v and PArL6tGL A . Sanders Nance(s)of Slgner(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person `s(�' whose names) 4eilo A.NICHDLS subscribed to the within instrument and JUDITH A r" '".•. COMM. NICH acknowledged to me that the executed m the same in th authorized Notary Public-California W W ,7 RIVERSIDE COUNTY �+ capacit as , and that by H+sfh el My Comm.Exp,May 21,2*4 signatures c n the instrument the persoros , or the entity upon behalf of which the perso (s acted, executed the Instrument, WITNESS my hand and official seal-0 Q cT Qn Slgna nce of Nola,Public OPTIONAL Though the information below 1s not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached eeDocument Title or Type of Document: c7 UJ (' (� �q r e e Wt,e A N 0 . L4 7 a Document Date: �-t U ly 3 Number of Pages: Signer(s)Other Than Named Above:TTe�P_r r A. Gvevjhfr.. ffiOLrV M. GufrAcr, (Wynder),> W. Wya eri - ,,r G:'rly N" Capacity(ies) Claimed by Signer (� Signer's Name:bayin N lRQeL,_ dyand Foi.166ut R. ,-UYI ,e ❑ Individual /� TOP o)(humb ner6 ,EQ CorporateOfflcer—Title(s): eltV manager Qnd (I,y /�y \ ?r ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ''' Signer Is Representing: C ryyy❑y Ok %ii Ylti t 0 r i Y�G S 0199s Noronal Notary Association•0350 De Solo Ave,PO Box 2402•Cbalsworth,CA 91313-2402•comwnana,ahclary an, Prod No.5907 Reorder Cell Toll-Free 1-800-876-6827 2003-62ONG 111111 Will 1111111111131131111111111 IIII IN %/W;6of 2 ©&A \ • Pe{4 e �0. O"62AcA" 044 c i°ai 3.7/9 r . Par• 0.54.4C- 66X ;°. r' .• -•.735 ^ do - L 27 26 Lol sr� Par.! 1 Gharghoury 2059at ms1 5ti \o as ;r a ` Camino Alturas +a zs�s380 W. -07 R�rPac! 0e APN#513-380 4s•s+o I- 75 �i\\� Ga�g0 0 kb� Par• 4 x''' >� — - �6 P J pPN 0.5 ♦et05 24 O y v ,. 14 sv PQ dg45 / 14P '\Q"� 42 �H . oo, - 0^93ah� 71 \ 0.84fAc. O0- ,,Le\ eY S,o K .i4n"`i""{ 177 'rry ��`(`��� Ga p0 op7' Inc• � � Lc 952 D flug 12 Q2 07: 48a Tri Star Cans. 7603217798 P• 2 Contracting, Excavadon, Grading 4 �* "We dig the Coachella Valley" Friday,August 09,2002 City of Palm Springs Engineering P.O.Box 2743 Palm Springs,CA 92263 Attu: Marna Re: Bernard Guenther Contract,Camino Alturas @ 1921 Camino Del Monte Dear Marna: The contract to Mr.Guenther is in the amount of$71,550.00. The contract consists of the following: 1) On-site work for septic system abandonment and connection to the city sewer system is in the amount of$4,000.00. 2) Off-site work for sewer main extension&lateral is in the amount ofr$67,5%00 The subcontract costs for the off-site work pare as follows: Fire department $5,629.76 V Engineering $ 1,850.00 Man holes $2,204,01 Asphalt paving $7,293.00 Permits $2,979.30 Shoring $ 615.44 Subtotal $20,571.51 Move-in/out 1,500.00 $22,071.51 22 071.51> Direct equipment, labor&material $45,478.49 i The direct charges are broken down as follows: Sewer main extension �40,478.49 `* Sewer lateral $ 5,000.00 Sincerely, 1 L J.Owens,President Bas(760)3ZI-0898,.__.. -P.O.Box 542,Cath¢dral 235 Fax 76D 321-7198 e-mafl.,TriSfaEwavafe@aoI com EXHIBIT "B" tt �903-82974�+ IIIIIIIIIIIII1411111 a 1111111111111111111111111111 ©a/13/60a $8 600