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6/18/2003 - STAFF REPORTS (22)
DATE: June 18, 2003 TO: City Council FROM: Public Works Director/City Engineer HOLD PUBLIC HEARING AND APPROVE PROPOSED CAMINO ALTURAS SEWER CONSTRUCTION REFUND AGREEMENT WITH BERNARD A. &MARY M. GUENTNER RECOMMENDATION: It is recommended that the City Council hold a Public Hearing and approve the attached resolution approving a Sewer Construction Refund Agreement between the City of Palm Springs and Bernard A. & Mary M. Guentner for the sewer main extension on Camino Alturas to Camino Monte and direct the City Clerk to record said agreement in the Office of the Recorder of Riverside County, California. SUMMARY: Under the terms of the Sewer Construction Refund Agreement, property owners that can now connectto the sewer main extension on Camino Alturas are required to reimburse the City prior to the issuance of a Sewer Construction Permit, in accordance with the assessment reimbursement fees set forth in the Agreement. The reimbursement is a proportionate share of the construction cost of the sewer. Upon receipt of the funds, the City reimburses the Guentners for the share amounts shown in the Sewer Construction Refund Agreement. The noticed Public Hearing gives the affected property owners a second opportunity to comment on the refund agreement in addition to the Public Meeting held with concerned property owners at City Hall on September 25, 2002 and March 25, 2003. BACKGROUND: Bernard A. & Mary M. Guentner reside at 1921 Camino Monte and over a period of years had been experiencing sewer problems with their on-site septic system (their septic tank and cesspool had to be pumped on a frequent and increasing basis). Their neighbors had similar problems with their on-site septic systems as well (especially due to the poor percolation in the rocky hillside terrain in the area). The nearest sewer main was ''Y2 block away on Camino Alturas; too far away for a lateral connection. After their attempts had failed to create a joint sewer district with neighbors to extend the sewer main to their end of the block at Camino Monte, the Guentners chose to extend the sewer main on Camino Alturas solely at their own expense. By letter dated October 28, 2001, the Guentners appealed to the City Engineer to create a Sewer Construction Refund Agreement. After receiving multiple competitive bids from licensed sewer contractors, the Guentners hired the low bidder, Tri-Star Construction & Excavation to construct an 8" public sewer main extension, manholes and appurtenances on Camino Alturas to Camino Monte for a total cost of$71,550. The net cost, after deducting sewer lateral and on-site work at their own home came to$62,550, which is the net amount assessable to other property owners who connect to the Camino Alturas sewer main extension. The Camino Alturas sewer extension has been accepted by the City. zo 6 Sewer Reimbursement June 18, 2003 Page 2 Under the terms of the Sewer Agreement, the six property owners fronting on the sewer that has been constructed are required to reimburse the City prior to the issuance of a Sewer Construction Permit, in accordance with the fees set forth in the Agreement. The reimbursement includes a proportionate share of the construction cost of the sewer. Upon receipt of the funds, the City reimburses the Guentners for the proportionate amounts shown in the Sewer Agreement, when or if neighboring property owners connect to the subject sewer main extension. There is no guarantee by the City, however that other such sewer connections will be made in the future. The City Attorney has set a ten year time limit on the Sewer Refund Agreement from date of execution, with the ability to extend the agreement by mutual agreement of both parties. On November 26, 2002, City Council opened the public hearing on this item and after receiving testimony tabled the matter, directing staff to investigate other sites that may contain private pump stations within the city and to hold further meetings with the property owners in attempt to reach a consensus with one property ownerconcerning the elevation of his property with respect to the elevation of the street and sewer line. The first property owners meeting was held at City Hall September 25, 2002. Three owners, representing two of the six affected properties, attended the meeting with City Staff. After Council's direction given at the November 26, 2002 meeting, staff conducted research concerning lift stations and City Ordinances and held a second property owners meeting at City Hall on March 25, 2003. Meeting notices were mailed to the owners of the six affected parcels. Again, the same three owners, representing two of the six properties, attended the meeting with City Staff. In addition to again reporting on the proposed Reimbursement Agreement's costs, which remain the same as proposed in November, and the Municipal Code requirements for connection to the public sewer, staff reported the results of the sewer pump station inquiry. Discussion with contractors and Building Department officials indicated that while use of package sewer pump stations are infrequent, there are a number of them currently operating within the city. The systems are all reliable and a typical cost is estimated at $5,000(including lateral hook-up) per single family home. Although additional costs would be incurred, depending on the length of the lateral required, it did not appearto exceed the cost of a rebuilt leach field or septic system owned by the person who testified at the November Public Hearing. Tri-Star construction estimated that cost to be approximately $22,000. Property owners at the meeting were given examples of eight properties within the city that have package sewer pump stations. The owner of 380 Camino Alturas did testify at the November 26 meeting, but did not attend the second public meeting. However, a follow-up meeting between staff and the property owner was held in an attempt to obtain concurrence on proceeding with the proposed Reimbursement Agreement. The property owner, Dr. Gharghoury,indicated that he had an application in for expansion of his on-site septic system and desired the option of that expansion, prior to being required to connect to the public sewer system. Currently Municipal Code is silent with respect to expansion or rebuilding of an on-site septic system. When public sewer is available, however, a separate item on tonight's Council Agenda provides for a clarification within the Municipal Code of public sewer connection requirements and would not allow for the expansion or rebuilding of an on-site private sewer system, if a public sewer was available. Dr. Gharghoury is requesting the option of 7n 444z Sewer Reimbursement June 18, 2003 Page 3 expanding his private system or connecting to the public sewer, specifically because his requestwas submitted priorto any Municipal Code changes or establishment of the Sewer Reimbursement Agreement. Staff concurs in this request. Dr. Gharghoury understands that any further expansion or rebuilding of his private sewer system, should the proposed ordinance change be adopted by Council and this Reimbursement Agreement be approved, would not be permitted and he would then be required to connect to the public sewer. There is no cost to the City for the privately constructed Camino Alturas sewer main extension. �fy David J. Barakian Public Works Director/City Engineer City Manager { ATTACHMENTS: 1. Resolution approving Sewer Refund Agreement 2. Notice of Public Hearing 3. Sewer Refund Agreement (4 pgs.) 4. Exhibit "A"- Sewer Refund Agreement Plat Map 5. Exhibit "B"- Financial Statement of Construction Costs 6. Exhibit "C"- Sewer Refund Agreement Procedural Check List z. � �} 3 CITY OF PALM SPRINGS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on June 18, 2003, at the hour of 7:00 p.m. or as soon thereafter as possible, the City Council of the City of Palm Springs, California, will hold a public hearing with respect to the consideration of a Sewer Construction Refund Agreement between the City of Palm Springs, California, and Bernard A. & Mary M. Guentner to reimburse Dr. & Mrs. Guentner for the cost of an off-site public sewer extension on Camino Alturas to Camino Monte which benefits other properties. The properties affected are: Assessor's No. Palm Springs Street Address Assessment 513-380-032 450 Camino Alturas $12,510 513-380-053 400 Camino Alturas $12,510 513-380-063 1921 Camino Monte $12,510 513-380-071 380 Camino Alturas $12,510 513-400-001 1935 Camino Monte $ 6,255 513-400-002 1951 Camino Monte $ 6,255 The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will be held at the Council Chambers of the City Council of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262. Interested persons wishing to express their views on the consideration of the Agreement will be given the opportunity to do so at the public hearing or may, prior to the time of the public hearing, submitwritten comments to David J. Barakian, Directorof Public Works/City Engineer, City of Palm Springs, Department of Public Works& Engineering, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, telephone number (760) 323-8253. Pursuant to California Government Code Sections 66016 and 66018, this Notice shall be published twice, at least ten days prior to the public hearing, and sent at least 14 days prior to the public hearing to any interested person who has filed a written request. Date: May 9, 2003 PATRICIA A. SANDERS CITY CLERK 470,14 SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND BERNARD A. & MARY M. GUENTNER SEWER AGREEMENT NO. THIS SEWER AGREEMENT made and entered into this day of 12003, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter 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- 38E-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. om 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 $12,610 400 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 6,25 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, the DEVELOPER, 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 Montewere assessed ('/2 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 '/2 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. 2 SECTION 2. Payment. It shall be the duty of the DEVELOPER to keep CITY informed in writing as to the location at which payment shall be made. CITY should make payment within 90 days after receiving the payment from the assessee. If DEVELOPER does not have a written address for payment on file with the CITY, or if the address has expired, CITY shall retain assessment. No interest shall assume on late payment. SECTION 3. Successors. The right of DEVELOPER to receive payment as stated herein shall not be transferrable to successors and assigns but shall remain personal with DEVELOPER. SECTION 4. No Representations or Liability. CITY makes no representation as to (a) when, if ever, it will receive the above costs assessed on the Parcels, (b) its legal liability to enforce the collection of the fees assessed, (c) changes in the law affecting the CITY's ability to charge fees and assessments. Due to these factors, the CITY shall have no liability whatsoever to any of the developers, owners or lessees for the collecting of the assessments stated in Section 1 above,orfor the payment of such sums to DEVELOPER. SECTION 5. Term. This agreement shall terminate ten(10)years from the date of the Agreement first above written, unless extended by mutual agreement of the parties. SECTION 6. Amendment The parties hereto mutually agree that this Agreement maybe amended at any time by the mutual consent of the DEVELOPER and CITY and by recordation of an instrument in writing. SECTION 7. Integration It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency.This Agreement incorporates all the understandings of the parties. SECTION 8. Recordation The City Clerk shall record this AGREEMENT in the Recorders Office of the County of Riverside, California. ao 3 IN WITNESS WHEREOF, the CITY and the DEVELOPER has hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: DEVELOPER: By BERNARD A. GUENTNER MARY M. GUENTNER ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By: City Attorney 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) 3. Exhibit"C" Sewer Refund Agreement Procedural "Check List" HAUSERS\BobM\Camino Alturas Sewer Reimb Agree.Bernard Guentner.10-16-02.wpd an 49:?- Z) 48 Q in Sir LLI k ayJ�OJ\ �a •J• O lJ o\ N . _Y ' •° # M� -t)��ro .� Qom'!\!,. - �� � p0. •, N H/ ew 3e�tiya , /� � �•� �S#Nod° y'�• � CC AG N c r —�y ' "''' r•• - +•� as i i4d { yy/9v �L0 08££69#p{dtl s — s�az �aa tM Y��l Y '• /7Yf SN ouluseo•M OSE a�.++. 1 swn3ltl tino46ae49 e- .Zply •T�6Si •J°d. yjpew �` © v , b g y !Z , • X; f -AbS.p mac..• 9 GJDd p 'jOe i= blL'F .c �tlpi�'b'- errou� •:razro �4 f'E� +i�1 5�$ , ��r,c. -7111 WOd29'D �O5$ �✓ 4. \ y Aug 12 02 .07: 46a Tri Star Cons. 760321'/'/SN P• c 7�C Contracting, Excavation, Grading 4 * "We dig the Coachella Valley" Friday,August 09,2002 City of Palm Springs Engineering P.O.Box 2743 Palm Springs,CA 92263 Attn: Mama Re: Bernard Guenther Contract,Camino Alturas @ 1921 Camino Del Monte Dear Mama: The contract to W.Guenther is in the amount of$71,550.00. The contract consists of the following: t 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 of 67,550.00 The subcontract costs for the off-site work are as follows: Fire department $5,629.76 ; Engineering $ 1,850.00 Mart 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, $22,071.51 22 071.51> Direct equipment,labor&material P5,478.49 1 The direct charges are broken down as follows: Sewer main extension 40,478.49 Sewer lateral 5,000.00 Sincerely, U I,atr J. Owens,Pre 2DA- 10sident , Bus(760)321-0898 P.O.Box 542 Cathedral City,Cap ornla 91235 Fax(760)321-7798 e-mai4TrlstarErca vate@aa4 corn EXHIBIT "B" h 6 i SEWER CONSTRUCTION REFUND AGREEMENT Procedures 1. Copy of at least two bids from contractors to do construction 2. Copy of City construction permits 3. Copy of itemized invoice for work done 4. Copy of proof of payment(cancelled checks or cancelled invoices) 5. Prepare agreement with Exhibits (see samples) Route to City Engineer for review Route to City Attorney for review 6. Schedule meeting with developer and affected property owners to review costs and distributions to affected properties 7. Prepare Notice of Public Hearing letter to be sent to all affected properties (see samples) City Clerk will mail these 8. Prepare Notice of Public Hearing(see samples) publish two times starting at least 15 days prior to date ofPublic Hearing(City Council meeting) 9. Prepare staff report and Resolution Attach Agreement Route to City Engineer for final review and signature on staff report 10. Give items listed in 9 9 in duplicate to the City Clerk two weeks priorto date of Council meeting 11. City Clerk sends agreement to Riverside County Recorder's Office for recordation. Z0 A f/ EXHIBIT "C" AFFIDAVIT OF MAILING NOTICES I, the undersigned, Director of Public Works/City Engineer of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing regarding the consideration of a Sewer Construction Refund Agreement between the City of Palm Springs, California, and Bernard A. & Mary M. Guentner to reimburse Dr. &Mrs. Guentnerfor the cost of an off-site public sewer extension on Camino Alturas to Camio Monte which benefits other properties, was mailed to each and every person set forth on the attached list on the 3rd day of June, 2003. A copy of said letter and attachments is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 3rd day of June, 2003. DAVID J. BARAKIAN Director of Public Works/City Engineer 7 l� Bernard A. &Mary M. Guentner Bernard A. &Mary Guentner Georgia Williams and Gary B. Stobert 692 San Elijo Street 1921 Camino Monte P.O. Box 9434 San Diego, CA 92106 Palm Springs, CA 92264 Palm Springs, CA 92263 Ayad M. and Gihan Gharghoury Ms. Edna Mae Beach Harold E. or David L. McKinney 380 West Camino Alturas 1935 South Camino Monte 4212 Happy Valley Circle Palm Spriings, CA 92264 Palm Springs, CA 92264 Newnan, GA 30263 - 3. �- m l x: . �- Postage $ a M1 �^ Postage $ tr) M1 Certified Fee uT M1 Certified Fee M1 Postmark Return Receipt Fee Here Return Recei tFee Postmark O (Endorsement Required) l7 (Endorsement Required) Here O p p Restricted Delivery Fee r (Endorsement Required) O (Endorsement Requled)prictedor ee Total Postage&Fees $ p � Total Postage&Fees N c 7 n Er rs Ayad M. and Gihan Ghargboury --------------- a ; Ms. Edna Mae Beach _---_---.-- 380 West Camino Alturas a p 1935 South Camino Monte ----------------- p ` p c palm Springs, CA 92264 p i Palm Springs, CA 92264 M1 M1 (DomesticU.S.Postal Service CERTIFIED MAIL RECEIPT ..r3 M1 ru r-9 a �- Postage $ ? Postage $ [� M1 Certified Fee N Certified Fee M1 Postmark Return Receipt Fee Postmark Return Receipt Fee Here C3 Endorsement Re ulred Here p (Entlorsement Required) C3 ( 4 ) p Restricted Delivery Fee p Restricted Delivery Fee p (Endorsement Required) p (Endorsement Required) C7 Total Postage&Fees $ p Total Postage&Fees $ � 0 S 0.. __ Bernard A. &Mary Guentner __--_-----_--- ral Georgia Williams and Gary B. Stobert .-._---------------- 0 S 1921 Camino Monte o P.O. Box 9434 En a Palm Springs, CA 92264 -------------- N Palm Springs, CA 92263 --------------------- 171 U.S.Postal Service' CERTIFIED • (Domestic . •• • m `El �> �- Postage $ S Postage $ M1 M1 Certified Fee M1 Certified Fee M1 Postmark Return Receipt Fee Here p Return Receipt Fee Postmark (Endorsement Required) p (Entlorsement Required) Hem p Restricted Delivery Fee E3 Restricted Delivery Fee p (Endorsement Required) p (Endorsement Required) p Total Postage&Fees $ p Total Postage&Fees S � Tr 0 19 Bernard A. &Mary M. Guentuer ,-------- rsl Harold E. or David L. McKinney o ° 692 San Elijo Street E3 4212 Happy Valley Circle ED p i San Diego, CA 92106 M1 Newnan, GA 30263 M1 ----------------- �YS , PALM, b0A '� � City of Palm Springs _1a e Department of Public Works and Engineering 3200 E.Tahgma Canyon Way • Palm Springs, California 92262 �-14 FO Ka�� Tel: (760)323-8253 • Fax:(760)322-8360 • Web:www.d.palm-springs.cams May 30, 2003 Harold E. or David L. McKinney 4212 Happy Valley Circle Newnan, GA 30263 Re: Proposed Sewer Refund Agreement SEWER EXTENSION ON CAMINO ALTURAS TO CAMINO MONTE PUBLIC HEARING NOTICE Dear Mr. McKinney (1951 South Camino Monte,Palm Springs, APN#513-400-002): A Property Owners meeting was held at City Hall on Wednesday,September 25,2002.(6 persons: 3 property owners, representing 2 of the 6 affected properties and 3 City staff persons) attended the 3:00 PM meeting, which was noticed by letters mailed to all property owners on 9/12/02 . The costs to construct the Camino Alturas sewer main extension and proposed spread of assessments were discussed at the meeting. A Public Hearing was held November 26, 2002 and City Council directed staff to do further research into private lift stations and conduct an additional property owner's meeting. The second property owner's meeting was held March 25, 2003, attended by the same 3 property owners. This is regarding the recent new 8" public sewer main that was extended on the upper segment of Camino Alturas(to Camino Monte)in Palm Springs at the sole expense of the property owner at 1921 Camino Monte. Five other properties are now capable of connecting to the new sewer main and are within the proposed boundariesofa Sewer Refund Agreement Benefit Area.These owners would be assessed a proportionate share of the sewer main extension costs at time of firm re connection to the City sewer main. If the Refund Agreement is approved by City Council,the assessments would vary (from$6,255 to$12,510)-see attached. The existing septic systems in your neighborhood are failing(especially due to the poor percolation in the rocky hillside terrain in that area)and property owners have had their septic tanks&cesspools pumped on a frequent and increasing basis.Due to a City Ordinance,the City carrot issue penuits to install new septic systems,when City sewer lines are available for hook-up, so the only permanent fix would be the eventual connection to the City sewer system. A proposed Ordinance Revision will allow Council to permit existing septic system expansions requested prior to the effective Ordinance date. Post Office Box 2743 • Palm Springs, California 92263-2743 Proposed Sewer Refund Agreement May 30, 2003 Page 2 As a property owner within the proposed boundaries of the Sewer Refund Benefit Area, you are invited to attend a Public Hearing regarding the matter at Palm Springs City Hall at: TIME&DATE: 7:00 P.M. WEDNESDAY JUNE 18, 2003 LOCATION: CITY COUNCIL CHAMBERS (Palm Springs City Hall) 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 For questions,please contact Bob Mohler,Grants&Government Affairs Manager at(760)323-8250 or David J. Barakian, Director of Public Works/City Engineer at(760) 323-8253 extension 8732. Sincerely, David J.Barakian Director of Public Works/City Engineer Attachments: 1. Draft Sewer Construction Refund Agreement(4pgs) 2. Boundary Map ("A") 3. Construction Cost Detail ("B") 4. Agreement Check List("C") xc: David H. Ready, City Manager David Aleshire, City Attorney Trisha Sanders, City Clerk PALM S City of Palm Springs � ra�rra�,�c Department of Public Works and Engineering C'�Rnre� 3200 E.Tahquicz Canyon Way • Palm Springs, California 92262 Tel: (760)323-8253 • Fax: (760) 322-8360 • Web: www.a.palm-springs.ca.us May 30, 2003 Ms. Edna Mae Beach 1935 South Canino Monte Palm Springs, CA 92264 Re: Proposed Sewer Refund Agreement SEWER EXTENSION ON CAMINO ALTURAS TO CAMINO MONTE PUBLIC HEARING NOTICE Dear Ms. Beach (1935 Camino Monte, Palm Springs,APN#513-400-001): A Property Owners meeting was held at City Hall on Wednesday,September 25,2002. (6 persons:3 property owners, representing 2 of the 6 affected properties and 3 City staff persons) attended the 3:00 PM meeting, which was noticed by letters mailed to all property owners on 9/12/02 . The costs to construct the Camino Alturas sewer main extension and proposed spread of assessments were discussed at the meeting. A Public Hearing was held November 26, 2002 and City Council directed staff to do further research into private lift stations and conduct an additional property owner's meeting. The second property owner's meeting was held March 25, 2003, attended by the same 3 property owners. This is regarding the recent new 8" public sewer main that was extended on the upper segment of Camino Alturas(to Camino Monte)in Palm Springs at the sole expense of the property owner at 1921 Camino Monte. Five other properties are now capable of connecting to the new sewer main and are within the proposed boundariesofa Sewer Refund Agreement Benefit Area.These owners would be assessed a proportionate share ofthe sewer main extension costs at time of future connection to the Citv sewer main. If the Refund Agreement is approved by City Council,the assessments would vary (from$6,255 to$12,510)-see attached. The existing septic systems in your neighborhood are failing(especially due to the poor percolation in the rocky hillside terrain in that area)and property owners have had their septic tanks&cesspools pumped on a frequent and increasing basis.Due to a City Ordinance,the City cannot issue permits to install new septic systems,when City sewer lines are available for hook-up, so the only permanent fix would be the eventual connection to the City sewer system. A proposed Ordinance Revision will allow Council to permit existing septic system expansions requested prior to the effective Ordinance date. Post Office Box 2743 0 Palm Springs, California 92263-2743 Proposed Sewer Refund Agreement May 30, 2003 Page 2 As a property owner within the proposed boundaries of the Sewer Refund Benefit Area, you are invited to attend a Public Hearing regarding the matter at Palm Springs City Hall at: TIME &DATE: 7:00 P.M.WEDNESDAY JUNE 18, 2003 LOCATION: CITY COUNCIL CHAMBERS (Palm Springs City Hall) 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 For questions,please contact Bob Mohler,Grants&Government Affairs Manager at(760)323-8250 orDavid J. Barakian,Director of Public Works/City Engineer at(760) 323-8253 extension 8732. Sincerely, David J. Barakian Director of Public Works/City Engineer Attachments: 1. Draft Sewer Construction Refund Agreement(4pgs) 2. Boundary Map ("A") 3. Construction Cost Detail ('B") 4. Agreement Check List("C") xc: David H. Ready, City Manager David Aleshire, City Attorney Trisha Sanders, City Clerk Fes, PALL Al City of Palm Springs 'Uj, a ; 't N I 11 Department of Public Works and Engineering 3200 E.Tahquitz Canyon Way • Palm Springs, California 92262 Ch`(i OVA Tel: (760)323-8253 • Fax-(760)322-8360 • Web: www.ci.palm-springs.ca.us F May 30, 2003 Ayad M. and Gihan Gharghoury 380 West Camino Alturas Palm Springs, CA 92264 Re: Proposed Sewer Refund Agreement SEWER EXTENSION ON CAMINO ALTURAS TO CAMINO MONTE PUBLIC HEARING NOTICE Dear Mr. &Mrs. Gharghoury(380 Camino Altuas, Palm Springs,APN#513-380-071): A Property Owners meeting was held at City Hall on Wednesday,September 25,2002.(6 persons: 3 property owners, representing 2 of the 6 affected properties and 3 City staff persons) attended the 3:00 PM meeting, which was noticed by letters mailed to all property owners on 9/12/02 . The costs to construct the Camino Alturas sewer main extension and proposed spread of assessments were discussed at the meeting. A Public Hearing was held November 26, 2002 and City Council directed staff to do further research into private lift stations and conduct an additional property owner's meeting. The second property owners meeting was held March 25, 2003, attended by the same 3 property owners. This is regarding the recent new 8" public sewer main that was extended on the upper segment of Camino Alturas(to Camino Monte)in Pahn Springs at the sole expense of the property owner at 1921 Camino Monte. Five other properties are now capable of connecting to the new sewer main and are within the proposed boundaries of a Sewer Refund Agreement Benefit Area.These owners would be assessed a proportionate share of the sewer main extension costs at time of future connection to the City sewer main. If the Refund Agreement is approved by City Council,the assessments would vary(from$6,255 to $12,510)-see attached. The existing septic systems in your neighborhood are failing(especially due to the poor percolation in the rocky hillside terrain in that area)and property owners have had their septic tanks&cesspools pumped on a frequent and increasing basis.Due to a City Ordinance,the City cannot issue permits to install new septic systems,when City sewer lines are available for hook-up, so the only permanent fix would be the eventual comnection to the City sewer system. A proposed Ordinance Revision will allow Council to permit existing septic system expansions requested prior to the effective Ordinance date. Post Office Box 2743 0 Palm Springs, California 92263-2743 Proposed Sewer Refund Agreement May 30, 2003 Page 2 As a property owner within the proposed boundaries of the Sewer Refund Benefit Area , you are invited to attend a Public Hearing regarding the matter at Palm Springs City Hall at: TIME &DATE: 7:00 P.M.WEDNESDAY JUNE 18, 2003 LOCATION: CITY COUNCIL CHAMBERS (Palm Springs City Hall) 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 For questions,please contact Bob Mohler,Grants&Government Affairs Manager at(760)323-8250 or David J. Barakian, Director of Public Works/City Engineer at(760) 323-8253 extension 8732. Sincerely, David J. Barakian Director of Public Works/City Engineer Attachments: 1. Draft Sewer Construction Refund Agreement(4pgs) 2. Boundary Map ("A") 3. Construction Cost Detail ("B") 4. Agreement Check List("C") xc: David H. Ready, City Manager David Aleshire, City Attorney Trisha Sanders, City Clerk P±A L Al S City of Palm Springs Department of Public Works and Engineering \\ W SoOEO 3200 E.Tahquirz Canyon Way • Palm Springs,California 92262 3 C`g11FO Rt.1�P' Tel:(760)323-8253 • Fax: (760) 322-8360 • Web: www.ci.palm-springs.ca.us May 30, 2003 Georgia Williams and Gary B. Stobert P.O. Box 9434 Palm Springs„ CA 92263 Re: Proposed Sewer Refund Agreement SEWER EXTENSION ON CAMINO ALTURAS TO CAMINO MONTE PUBLIC HEARING NOTICE Dear Ms.Williams&Mr.Stobert(400 and 450 West Camino Alturas,Palm Springs,APN#513-380-053 and 513-380-032): A Property Owners meeting was held at City Hall on Wednesday, September 25,2002.(6 persons:3 property owners, representing 2 of the 6 affected properties and 3 City staff persons) attended the 3:00 PM meeting, which was noticed by letters mailed to all property owners on 9/12/02 . The costs to construct the Camino Alturas sewer main extension and proposed spread of assessments were discussed at the meeting. A Public Hearing was held November 26, 2002 and City Council directed staff to do further research into private lift stations and conduct an additional property owner's meeting. The second property owner's meeting was held March 25, 2003, attended by the same 3 property owners. This is regarding the recent new 8" public sewer main that was extended on the upper segment of Camino Alturas(to Camino Monte)in Palm Springs at the sole expense of the property owner at 1921 Camino Monte. Five other properties are now capable of connecting to the new sewer main and are within the proposed boundaries of Sewer Refund Agreement Benefit Area.These owners would be assessed a proportionate share of the sewer main extension costs at time offirture connection to the City sewer main. If the Refund Agreement is approved by City Council, the assessments would vary(from$6,255 to $12,510)-see attached. The existing septic systems in your neighborhood are failing(especially due to the poor percolation in the rocky hillside terrain in that area)and property owners have had their septic tanks&cesspools pumped on a frequent and increasing basis.Due to a City Ordinance,the City cannot issue permits to install new septic systems,when City sewer lines are available for hook-up,so the only permanent fix would be the eventual connection to the City sewer system. A proposed Ordinance Revision will allow Council to permit existing septic system expansions requested prior to the effective Ordinance date. Post Office Box 2743 0 Palm Springs, California 92263-2743 Proposed Sewer Refund Agreement May 30, 2003 Page 2 As a property owner within the proposed boundaries of the Sewer Refund Benefit Area, you are invited to attend a Public Hearing regarding the matter at Palm Springs City Hall at: TIME&DATE: 7:00 P.M. WEDNESDAY JUNE 18, 2003 LOCATION: CITY COUNCIL CHAMBERS (Palm Springs City Hall) 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 For questions,please contact Bob Mohler,Grants&Government Affairs Manager at(760)323-8250 orDavid J. Barakian, Director of Public Works/City Engineer at(760) 323-8253 extension 8732. Sincerely David J. Barakian Director of Public Works/City Engineer Attachments: 1. Draft Sewer Construction Refund Agreement(4pgs) 2. Boundary Map ("A") 3. Construction Cost Detail ("B") 4. Agreement Check List("C") xe: David H. Ready, City Manager David Aleshire, City Attorney Trisha Sanders, City Clerk PALM S 0.p City of Palm Springs e k'iU 9 jyDepartment of Public Works and Engineering x"0Np`ED 3200 E.Taliquitz Canyon Way • Palm Springs, California 92262 C'9(�FO R�4\P Tel: (760) 323-8253 • Fax:(760) 322-8360 • Web: www.ci.palm-springs ca.us May 30, 2003 Bernard A. &Mary Guentner 1921 Camino Monte Palm Springs„ CA 92264 Re: Proposed Sewer Refund Agreement SEWER EXTENSION ON CAMINO ALTURAS TO CAMINO MONTE PUBLIC HEARING NOTICE Dear Mr. &Mrs. Guentner(1921 Camino Monte, Palm Springs, CA, APN#513-380-063): A Property Owners meeting was held at City Hall on Wednesday,September 25,2002. (6 persons: 3 property owners, representing 2 of the 6 affected properties and 3 City staff persons) attended the 3:00 PM meeting, which was noticed by letters mailed to all property owners on 9/12/02 . The costs to construct the Camino Alturas sewer main extension and proposed spread of assessments were discussed at the meeting. A Public Hearing was held November 26,2002 and City Council directed staff to do further research into private lift stations and conduct an additional property owner's meeting. The second property owner's meeting was held March 25, 2003, attended by the same 3 property owners. This is regarding the recent new 8" public sewer main that was extended on the upper segment of Camino Alturas(to Camino Monte)in Palm Springs at the sole expense ofthe property owner at 1921 Camino Monte. Five other properties are now capable of connecting to the new sewer main and are within the proposed boundaries of a Sewer Refund Agreement Benefit Area.These owners would be assessed a proportionate share of the sewer main extension costs at time offirture connection to the City sewer main. If the Refund Agreement is approved by City Council,the assessments would vary(from$6,255 to$12,510)-see attached. The existing septic systems in your neighborhood are failing(especially due to the poor percolation in the rocky hillside terrain in that area)and property owners have had their septic tanks&cesspools pumped on a frequent and increasing basis.Due to a City Ordinance,the City cannot issue permits to install new septic systems,when City sewer lines are available for hook-up, so the only permanent fix would be the eventual connection to the City sewer system. A proposed Ordinance Revision will allow Council to permit existing septic system expansions requested prior to the effective Ordinance date. Post Office Box 2743 0 Palm Springs, California 92263-2743 Proposed Sewer Refund Agreement May 30, 2003 Page 2 As a property owner within the proposed boundaries of the Sewer Refund Benefit Area, you are invited to attend a Public Hearing regarding the matter at Palm Springs City Hall at: TIME&DATE: 7:00 P.M.WEDNESDAY JUNE 18, 2003 LOCATION: CITY COUNCIL CHAMBERS (Palm Springs City Hall) 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 For questions,please contact Bob Mohler,Grants&Government Affairs Manager at(760)323-8250 orDavid J. Barakian, Director of Public Works/City Engineer at(760) 323-8253 extension 8732. Sincerely, David J. Barakian Director of Public Works/City Engineer Attachments: 1. Draft Sewer Construction Refund Agreement(4pgs) 2. Boundary Map ("A") 3. Construction Cost Detail ("B") 4. Agreement Check List("C") xc: David H. Ready, City Manager David Aleshire, City Attorney Trisha Sanders, City Clerk City of Palm Springs * it I li4 a Department of Public Works and Engineering � \\ho°PUoza*Eo.a� (` --,m 3200 E.Tahquirz Canyon Way • Palm Springs,California 92262 14 /FO R��P Tel: (760)323-8253 • Fax (760) 322-8360 - Web: www.chpalm-springs.ca.us May 30, 2003 Bernard A. &Mary M. Guentner 692 San Elijo Street San Diego, CA 92106 Re: Proposed Sewer Refund Agreement SEWER EXTENSION ON CAMINO ALTURAS TO CAMINO MONTE PUBLIC HEARING NOTICE Dear Mr. &Mrs. Guentner(1921 Camino Monte, Palm Springs,APN#513-380-063): A Property Owners meeting was held at City Hall on Wednesday,September 25,2002. (6 persons:3 property owners, representing 2 of the 6 affected properties and 3 City staff persons) attended the 3:00 PM meeting, which was noticed by letters mailed to all property owners on 9/12/02 . The costs to construct the Camino Alturas sewer main extension and proposed spread of assessments were discussed at the meeting. A Public Hearing was held November 26, 2002 and City Council directed staff to do further research into private lift stations and conduct an additional property owner's meeting. The second property owner's meeting was held March 25, 2003, attended by the same 3 property owners. This is regarding the recent new 8" public sewer main that was extended on the upper segment of Camino Alturas(to Camino Monte)in Palm Springs at the sole expense of the property owner at 1921 Camino Monte. Five other properties are now capable of connecting to the new sewer main and are within the proposed boundaries of a Sewer Refund Agreement Benefit Area.These owners would be assessed a proportionate share of the sewer maul extension costs at time of future connection to the City sewer main. Ifthe Refund Agreement is approved by City Council,the assessments would vary(from$6,255 to$12,510)-see attached. The existing septic systems in your neighborhood are failing(especially due to the poorpercolation in the rocky hillside terrain in that area)and property owners have had their septic tanks&cesspools pumped on a frequent and increasing basis.Due to a City Ordinance,the City cannot issue permits to install new septic systems,when City sewer lines are available for hook-up, so the only permanent fix would be the eventual connection to the City sewer system. A proposed Ordinance Revision will allow Council to permit existing septic system expansions requested prior to the effective Ordinance date. Post Office Box 2743 0 Palm Springs, California 92263-2743 Proposed Sewer Refund Agreement May 30, 2003 Page 2 As a property owner within the proposed boundaries of the Sewer Refund Benefit Area , you are invited to attend a Public Hearing regarding the matter at Palm Springs City Hall at: TIME &DATE: 7:00 P.M.WEDNESDAY NNE 18, 2003 LOCATION: CITY COUNCIL CHAMBERS (Palm Springs City Hall) 3200 EAST TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 For questions,please contact Bob Mohler,Grants&Government Affairs Manager at(760)323-8250 or-David. J. Barakian, Director of Public Works/City Engineer at (760) 323-8253 extension 8732. Sincerely, David J. Barakian Director of Public Works/City Engineer Attachments: 1. Draft Sewer Construction Refund Agreement(4pgs) 2. Boundary Map ("A") 3. Construction Cost Detail ('B") 4. Agreement Check List("C") xc: David H. Ready, City Manager David Aleshire, City Attorney Trisha Sanders, City Clerk i r SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, CALIFORNIA AND BERNARD A. & MARY M. GUENTNER SEWER AGREEMENT NO. THIS SEWER AGREEMENT made and entered into this day of 2003, between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter 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- 38E-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 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 shownherein. 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 6.25 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, the DEVELOPER, are the sole property owners who constructed the subject sewer main extension(contracted to TO-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 Mont were assessed ('/2 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. 2 SECTION 2. Payment. It shall be the duty of the DEVELOPER to keep CITY informed in writing as to the location at which payment shall be made. CITY should make payment within 90 days after receiving the payment from the assessee. If DEVELOPER does not have a written address for payment on file with the CITY, or if the address has expired, CITY shall retain assessment. No interest shall assume on late payment. SECTION 3. Successors. The right of DEVELOPER to receive payment as stated herein shall not be transferrable to successors and assigns but shall remain personal with DEVELOPER. SECTION 4. No Representations or Liability. CITY makes no representation as to (a) when, if ever, it will receive the above costs assessed on the Parcels, (b) its legal liability to enforce the collection of the fees assessed, (c) changes in the law affecting the CITY's ability to charge fees and assessments. Due to these factors, the CITY shall have no liability whatsoever to any of the developers, owners or lessees for the collecting of the assessments stated in Section 1 above,or for the payment of such sums to DEVELOPER. SECTION 5. Term. This agreement shall terminate ten(10)years from the date of the Agreement first above written, unless extended by mutual agreement of the parties. SECTION& Amendment The parties hereto mutually agree that this Agreement maybe amended at any time by the mutual consent of the DEVELOPER and CITY and by recordation of an instrument in writing. SECTION 7. Integration It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.Any resolutions or actions of the Council inconsistent with the foregoing are hereby rescinded to the extent of their inconsistency.This Agreement incorporates all the understandings of the parties. SECTION 8. Recordation The City Clerk shall record this AGREEMENT in the Recorder's Office of the County of Riverside, California. 3 IN WITNESS WHEREOF, the CITY and the DEVELOPER has hereunto caused these presents to be executed the day and year first above mentioned. ATTEST: DEVELOPER: By BERNARD A. GUENTNER MARY M. GUENTNER ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager Reviewed and Approved By: City Attorney 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) 3. Exhibit"C" Sewer Refund Agreement Procedural "Check List" HAUSERS\BobM\Camino Alturas.Sewer Reimb.Agree.Bernard Guentner.10-16-02.wpd 4 �' � 3�a,� 0.62Au»•' Par,5 1 ••• - � . .y.l.. S 5 0.54A-- I�x ,t 27 2 ' silts Par,1 .t3331 1 3 05� e Pµ GharghouN T 380W.O'kiAtturas T AMM.s 3� •►�5 Qq- 5 I t5toyeo A�tiutag �� APN#513.380A71 } . ;�•.•+ y H I— �l"'am�m�oA3,� kb1�5• 4 ��� .. '� - �. GP• •s� ,/•M �V�S•• . . a55 3$ RS- y,�f Por •` r Ate,` taµ -M NO QJ' .M4 3dr 3 P4 , o.s des 47t+� . .'.• s��eµse'.. 29 JI ;is xop ..� .24 ar (Jb 3* D 58 ti Qa+k y, 1 42 OA^t�ays 71 \ 0.84-&Ac. Q 2t2 O tD X W 70 ���= t flub 12 02 .07: 46a Tri Star Cons- 760321'/'/Sb p. e GontracNreg, Excavation, Grading "We dig the Coachella Valley„ Friday,August 09,2001 City of Palm Springs Engineering P.O.Box 2743 Palm Springs,CA 92263 Attn: Manta Re: Bernard Guenther Contract,Camino Altums @ 1921 Camino Del Monte Dear Marna: The contract to W.Guenther is in the amount of$71,550.00. The contract consists of the following: t 1) On-site work for c sy stem ystem abandonment end connection to the city sewer s1 is in the amount of$4,000.00. 2) Off-site work for sewer main extension&lateral is in the amount of 7,550.06 The subcontract costs for the off-site worlt;,are as follows: Fire department $5,629.76 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 1500.00 $22,071.51 22 071.51> Direct equipment,labor&material 5,478.49 The direct charges are broken down as follows: Sewer main extension $40,478.49 R'4r Sewer lateral 5,000.00 Sincerely, 4'�U J. Owens,President s(7 P.O.Box 542,Cathedral City,California 92235 (760) 2 8 Bus(760J 311-0898 Fax(760J 31/-7798 e-nWkTr1S1arE ccavate@ao4 corn R EXHIBIT "B" M .l SEWER CONSTRUCTION REFUND AGREEMENT Procedures 1. Copy of at least two bids from contractors to do construction 2. Copy of City construction permits 3. Copy of itemized invoice for work done 4. Copy of proof of payment(cancelled checks or cancelled invoices) 5. Prepare agreement with Exhibits (see samples) Route to City Engineer for review Route to City Attorney for review 6. Schedule meeting with developer and affected property owners to review costs and distributions to affected properties 7. Prepare Notice of Public Hearing letter to be sent to all affected properties (see samples) City Clerk will mail these 8. Prepare Notice of Public Hearing(see samples) publish two times starting at least 15 days prior to date ofPublic Hearing(City Council meeting) 9. Prepare staff report and Resolution Attach Agreement Route to City Engineer for final review and signature on staff report 10. Give items listed in#9 in duplicate to the City Clerk two weeks prior to date of Council meeting 11. City Clerk sends agreement to Riverside County Recorder's Office for recordation. EXHIBIT °`C" RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,AUTHORIZING AND APPROVING THE CAMINO ALTURAS SEWER CONSTRUCTION REFUND AGREEMENT WITH BERNARD A. & MARY M. GUENTNER. WHEREAS, by Resolution No. 13773 of the City Council, dated April 15, 1981, a policy was established for the formation of Sewer Construction Refund Agreements, and WHEREAS, Bernard A. & Mary M. Guentner have caused to be constructed an off-site sanitary public sewer extension with manholes and other appurtenances on Camino Alturas to Camino Monte, which has been connected to the existing City sewer system; and WHEREAS, Agreement No. provides for collection by the City the proportionate reimbursement costs assessed to neighboring properties connecting to this off-site public sewer extension on Camino Alturas to Camino Monte; and WHEREAS, the funds collected from the neighboring property owners for connecting to the Camino Alturas public sewer extension shall be reimbursed to Bernard A. & Mary M. Guentner under the terms of the Sewer Construction Refund Agreement. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs does hereby authorize and approve Agreement No. Adopted this day of 2003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED