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Home My WebLink About5/7/2003 - STAFF REPORTS (18) DATE: May 7, 2003 TO: City Council FROM: Public Works Director/City Engineer APPROVE RESOLUTION OF INTENTION & PRELIMINARY ENGINEERS REPORT FOR CENTURY HOMES"MOUNTAIN GATE"TRACT30963 FORMING ASSESSMENT DISTRICT 161 RECOMMENDATION: It is recommended that the City Council approve a Resolution of Intention and the Preliminary Engineer's Report for the proposed formation of a 1913 Act Assessment District, using 1915 Act Bonds for certain eligible public improvements for an area known as "Mountain Gate";Tract 30963 by Century Vintage Homes for an 83 acre development located at the NE corner of N. Palm Canyon Drive (Hwy. 111) and Gateway Drive. This would be Assessment District No. 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 83.8 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 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 lowerthe purchase price of the 308 proposed homes in the"Mountain Gate"subdivision.Century posted a $10,000 deposit with the application in November, 2002 to cover City costs for the proposed district. Any unspent balance of that deposit is refundable to Century upon completion of the bond sale. The final PDD and Final Map was approved by the Planning Commission on March 26, 2003. Century closed escrow on the purchase of the property on April 2, 2003. A Resolution of Intention is required to form such a 1913/1915 Act District and a Preliminary Engineer's Report is part of the Resolution of Intention (ROI) and initial formation process. Albert A. Webb Associates prepared the Engineer's Report and has a long term role as the City's Assessment Engineer/Special Tax Consultant for the formation of special districts in the City. 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. 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. i 8ft When Century proposed that an assessment district be formed to finance their public improvements at"Mountain Gate', City staff instituted the City's Special District Team as follows: • FINANCIAL ADVISOR: Suzanne Harrell (Harrell & Company Advisors) • ASSESSMENT ENGINEER: Paul Thompson/Merle Schulze (Albert A. Webb Associates) • BOND COUNSEL: David Aleshire and Tiffany Israel (Aleshire &Wynder, LLP) • BOND UNDERWRITERS: Sara Oberlies, VP (Stone &Youngberg, LLC) • CITY STAFF: Tom Kanarr, John Raymond, Dave Barakian, Trisha Sanders, Bob Mohler 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 will be financed by this assessment district. A Boundary Map was prepared, indicating the boundary encompassing the limits of assessable lands (308 lots) within Assessment District 161. After the City Council's action to approve the formation of Assessment District 161, the City will proceed with RFP's to hire two more consultants: 1. Real Estate Appraiser and 2. Market Absorption Analyst. The Real Estate Appraiser(who must be MAI approved and familiar with such 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 quickly the proposed homes will sell (absorb) into the real estate market, based on current similar sales records in Southern California, as well as Coachella Valley and Palm Springs area. All of these consultant costs (Assessment Engineer/ Real Estate Appraiser/Market Absorption Analyst) are being paid for by the developer via deposits to the City. The City hires the consultants and the subsequent reports are all submitted directly to the City for approval. There is no cost to the City for staff and consultant costs described above due to Century's developer contributions. To conform with the City's adopted Special District Policies & Procedures, 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, including assessments, cannot exceed 2% of property values. KEY TARGET DATES: May 7- City Council approves Resolution of Intention forming 1913/1915 Act District No.161 May '03- City Engineer approves grading plan. Century commences site grading for Phase-1 June 4- City Council approves Real Estate Appraiser & Market Absorption Analyst contracts July '03- Century completes model homes within "Mountain Gate' subdivision Aug. '03- Real Estate Appraiser and Market Analyst submit preliminary draft reports Oct. '03- Century completes public improvements associated with Phase 1 of on-site construction (including 60 Homes) in Phase 1 of"Mountain Gate' Oct. '03- Real Estate Appraiser, Market Analyst, Assessment Engr. complete Final Reports Oct. '03- City Council approves Final Engineer's Report/ Resolution authorizing Bond Sale Nov. '03- Proposed 1915 Act Municipal Bond Sale Dec. '06- Century completes all (14) home-phases of"Mountain Gate" Tract- 308 Units Total 1 f City Council Report(5/7/03)-Tract 30963,Assessment District No.161-pg.3 ROBERT L. MOHLER DAVID J. BARAKIAN Grants and Special Districts Manager Public Works Director/City Engineer APPROVED City Manager ATTACHMENTS: 1. Resolution of Intention (ROI) and Description of Work (8 pgs.) 2. Preliminary Engineer's Report by Albert A. Webb Associates (32 pgs.) 3. Roster of City's Special District Formation Team (Listing of 12 persons/firms) 4. Vicinity Map ("Mountain Gate" Tract No. 30963) N. Palm Canyon (Hwy. 111) & Gateway Dr. 5. Proposed Mountain Gate A.D. No. 161 Cost Summary by City's Financial Advisor REVIEWED BY DEPT.OF FINANCE PRELIMINARY ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) - � ✓. 1 i„ter'j. 1 Y' y,`1,-. .SAC.'._`v -✓r \~�r Y( APRIL 2003 Prepared by: ALBERT A.WEBB ASSOCIATES Consulting Engineers 3788 McCray Street Riverside, CA 92506 (909) 686-1070 l CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA PRELIMINARY ENGINEER'S REPORT for ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) Preliminary approval by the City Council, City of Palm Springs on the day of 12003. 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 PRELIMINARY 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 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 APPENDIX`B" -METHOD OF ASSESSMENT APPORTIONMENT ..................................B-1 APPENDIX "C" - RIGHT-OF-WAY CERTIFICATE ..............................................................C-1 1 APPENDIX"D„_CERTIFICATES ......................................................................................... D-1 r MACITIESTalm Springs\02-0410\T0C.doc r AGENCY: CITY OF PALM SPRINGS PROJECT: ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) TO: CITY COUNCIL r r PRELIMINARY 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. 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 m:\cities\palm springsNO2-0410\engrpt.doc Albert A. Webb Associates SECTION 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 a part hereof, and part of the assessment. ' SECTION 5 A proposed assessment of the total amount of the costs and expenses of the r completed and proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the estimated direct and special 1 benefits to be received by such subdivisions from said improvements, is set forth upon the assessment roll filed herewith and made a part hereof. r rAPPENDICES 1 A. The Resolution of Intention is marked Appendix "A", which is attached hereto, referenced, and so incorporated. 1 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. D. The Certificates are marked as Appendix "E", which is attached hereto, referenced, and so incorporated. i-2 n1cities1palm springs\02-0410\engrpt.doc Albert A. Webb Associates Dated this z day of i, , 2003 Respectfully submitted, ALBERT A..yW�EBB ASSOCIATES w m MATTHEW E. WEBB, P. E. NO. 37385 N0. 37385 A ASSESSMENT ENGINEER EXP. 6-30-04 ASSESSMENT DISTRICT NO. 161 �rgTf CAL f� (MOUNTAIN GATE) DF ' CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA 1 i-3 1 m\cities\palm spnngs\02-0410\engrpt.doc Albert A. Webb Associates ' PRELIMINARY I ENGINEER'S REPORT SECTION 1 DESCRIPTION OF WORK I ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 ' SECTION 1 ' DESCRIPTION OF WORK ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS The 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 ' cabling and connection fees, more specifically described as follows: ZONE 1 — "THE VENTANA COLLECTION" TRACT NO. 30963 (135 RESIDENTIAL LOTS) Plans and Specifications ' The cost of approved plans for the improvements to be acquired. IStreets Street improvements including grading, paving, stripping, 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 Road. 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. 1 *Refer to attached Exhibit "A"for Location Map. ' 1-1 MACITIES\Palm Springs\02-1141111oa I.doc Albert A. Webb Associates 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 Ilocated 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 Sewer, and Cabling and Connection 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) 1 Plans and Specifications ' The cost of approved plans for the improvements to be acquired. ' 1-2 M\CITIES\Palm Springs\02-04MSect l.doc Albert A. Webb Associates 1 Streets Street improvements including grading, paving, stripping, signage, curb and gutter, and sidewalks, together with appurtenances and appurtenant work, on the northeasterly side of State ' Highway I I I (Palm Canyon Drive) directly adjacent to the tract boundary and on the northerly side of Gateway Drive from State Highway 111 (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. 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 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. 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 ' MACITIES\Palm S,,ing,111-0410\Sect Ldoc Albert A. Webb Associates Water, Sewer and Cabling and Connection Fees ' Includes water facility fees for the Desert Water Agency and sewer facility fees for the City of Palm Springs. 1 1 1 ' 1-4 ' M:\CITIES\Palm Springs\02-0410\Sec[1 doe Albert A. Webb Associates i .. � e � 't' �'Fft �`# � �' F�' fit! ::; t'y. � ,• •�x',=: 4 ram. - .. ice' ' ` • .,n - IF A AssesameiutiatrLrt�6� _� 'SJc ado' or Tentative ll*t]i4e.A90OV 14 �i ��...I�.FniF Ov '* air h.*LIT Rl CAW 4 �Fy^t'��t`�~' `�V'eta• . '.w .� .:='-, -; 1YT''� 111 PRELIMINARY ' ENGINEER'S REPORT ' SECTION 2 ' PLANS AND SPECIFICATIONS (Under Separate Cover) ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 1 PRELIMINARY ENGINEER'S REPORT SECTION 3 ' ESTIMATE OF COSTS AND EXPENSES 1 ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 1 SECTION 3 ENGINEER'S ESTIMATE OF COSTS AND EXPENSES ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS Zone 1 135 Zone 2 173 Total 308 The Ventana Collection The El Dorado Collection Total Estimated6sts Cost and Expenses Costs and Expenses Cost and Expenses Description Preliminary Confirmed Description Preliniinan Confirmed Description Preliminarc Confirmed I. CONSTRUCTION COSTS I. CONSTRUCTION COSTS I. CONSTRUCTION COSTS A.Construction A.Construction A.Construction_ Streets East Gate Road& Streets Gate"a} Drive& Streets Tramvicw Road 5164,520 St.Highway 111 $210.830 $375,350 Grading 51080 Grading 6510 Grading i 11590 Water Construction 349225 Water Contstruction 447525 Water Comstruction 796.750 Sewer Construction 218,915 Sewer Construction 280535 Sewer Construction 499.450 Underground Existing Power Lines 262.987 Underground Existing Power Lines 337.013 Underground Existing Power Lines 600.000 Landscaping 87.662 Landscaping 112,338 Landscaping '�i 200.000 Subtotal Construction Costs $I,O88.389 Subtotal Construction Costs $11394,751 Subtotal Construction Costs 51483,140 Construction Cost Contingencies 10% 109.839 Construction Cost Contingencies 10% 139.475 Construction Cost Contingencies 10% 248.314 Subtotal Construction Casts $1,197,228 Subtotal Construction Costs $1.534.226 Subtotal Construction Costs $2,731,454 B.Improvement Fees B.Improvement Fees B.Improvemert Fees Water Meter and Connection Fees $I 17A50 Water Meter and Connection Fees $150.510 Water Meter Fees $267.960 Sewer Connection Fees 325.080 Sewer Connection Fees 416.584 Sewer Connection Fees 741.664 Subtotal Improvement Fees $441530 Subtotal Improvement Fees $567.094 Subtotal Improvement Fees $1,009,624 TOTAL CONSTRUCTION COSTS 51,639,758 TOTAL CONSTRUCTION COSTS $2,101,320 TOTAL CONSTRUCTION COSTS 53,741,078 II. INCIDENTAL EXPENSES II.INCIDENTAL EXPENSES II. INCIDENTAU EXPENSES A. Engineering,Construction Costs A. Engineering,Construction Costs A. Engine'l ng,Construction Costs &Facility Fees &Facility Fees &FaciliuI Fees Inspection $23,945 Inspection $30.685 Inspection 'i $54.630 Testing 11,972 Testing 15.342 Testing 27.314 Contract Administration IT532 Contract Administration 22.468 Contract Administration 40.000 Plan Check 23,945 Plan Check 30,685 Plan Check ' S4.630 Design Engineering 47,889 Design Engineering 61.369 Design Engineering 109.258 Surveying and Staking 47.889 Surveying and Staking 61.369 Surveying and Staking 109,258 Sub-Total Incidental Expenses of Items A $171172 Sub-Total Incidental Expenses of Items A $221.918 Sub-Total Incidental Expenses of Items A $395,090 10%Incidental Contingencies of Item A 17.317 10%Incidental Contingencies of Item A 22.192 10%Incidental,Contingenetes of Item A 39.509 Total Incidental Expenses Item A $190.489 Total Incidental Expenses Item A $244.110 Total Incidental Expenses Item A $434.599 4/22/03 M./02-0410/Sec[3Preliminary Page I of 2 Albert A Webb Associates SECTION 3 ENGINEER'S ESTIMATE OF COSTS AND EXPENSES ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS 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 Desenution Preliminary Confirmed Description Preliminary Confirmed B. Procedural and Formation Costs B. Procedural and Formation Costs B. Procedural and Formation Costs City Formation Expenses $8.766 Ciry Formation Expenses $11,234 City Formation Expenses $20.000 City Legal Expense 6.575 Corti Legal Expense 8.425 City Legal Expense 15.000 Trustee Fees 4,383 Trustee Fees 5,617 Trstee Fees1 10.000 Printing(Official Statement.and Advertising) 6.575 Printing(Official Statement,and Advertising) 8.425 Printing(Official Statement.and Advertising) 15.000 Appraisal 3.297 Appraisal 4,213 Appraisal 7.500 Financial Advisor 10,958 Financial Advisor 14.042 Financial Advisor 25,000 Bond Counsel 14.026 Bond Counsel 17,974 Bond Counsel 32.000 Disclosure Counsel 6.575 Disclosure Counsel 8,425 Disclosure Counsel 15.000 Absorption Study 3.287 Absorption Study 4213 Absorption Study 7.500 Assessment Engineer 13.149 Assessment Engineer 16,851 Assessment Engineer 30.000 Sub-Total Incidental Expenses of Items B $77,581 Sub-Total Incidental Expenses of Items B $99,419 Sub-Total Incidental Expenses of Items B $177,000 10%Incidental Contingencies of Item B 7,758 10%Incidental Contingencies of Item B 9.942 10%Incidental Contingencies of Item B 17.700 Total Incidental Expenses Item B $85339 Total Incidental Expenses Item B $109,361 Total Incidental Expenses Item B $194,700 TOTAL INCIDENTALS COSTS S275,828 TOTAL INCIDENTALS COSTS S353,471 TOT.i,L INCIDENTALS COSTS S629,299 111.CONTRIBUTION Bl PROPERTY OWNER SI63,117 III.CONTRIBUTION BY PROPERTY OWNER S41,441 III.CONTRIBUTION BY PROPERTY OIVNER S204,558 IV.BOND ISSUANCE COSTS IV.BOND ISSUANCE COSTS IV.BOND ISSUANCE COSTS A. Capitalized Interest(18 me's a 7%) $237,431 A. Capitalized Interest(18 me's @ 7%) S326.970 A. Capitalized Interest(18 mo's «,7%) $564.401 B. Bond Reserve(a 10%) 226.125 B Band Reserve( t 10%) 311A00 B. Bond Reserve(@ 10%) 537.525 C. Bond Discount(a 2%) 45,225 C. Bond Discount(« 2%) 62.280 C. Bond Discount(« 20/6) 107.505 TOTAL BOND ISSUANCE COSTS $508,781 TOTAL BOND ISSUANCE COSTS 5700,650 TOTAL BOND ISSUANCE COSTS 51,209,431 RECAPITULATION RECAPITULATION RECAPITULATION 1 CONSTRUCTION COSTS I CONSTRUCTION COSTS 1. CONSTRUCTION COSTS AND CONTINGENCIES S1,639,758 AND CONTINGENCIES S2,101,320 AND CONTINGENCIES S3,741,078 II. INCIDENTAL EXPENSES 275,828 11. INCIDENTAL EXPENSES 353,471 II. INCIDENTAL EXPENSES 629,299 III. BOND ISSUANCE COSTS 508,781 111 BOND ISSUANCE COSTS 700,650 III. BOND iiISSUANCE COSTS 1,209,431 TOTAL NET PROJECT COSTS S2,424,367 TOTAL NET PROJECT COSTS S3,155,441 TOTAII NET PROJECT COSTS S5,579,808 IV. LESS CONTRIBUTION BY IV. LESS CONTRIBUTION BY IV. LESS ONTRIBUTION BY PROPERTY OWNER 163,117 PROPERTY OWNER 41,441 PROPERTY OWNER 204,558 TOTAL AMOUNT TO ASSESSMENT S2,261,250 TOTAL AMOUNT TO ASSESSMENT S3,114,000 TOTAL AMOUNT TO ASSESSMENT S5,375,250 Per Lot Assessment S16,750 Per Lot Assessment S18,000 V. PLUS ANNUAL ASSESSMENT PER SECTION 5.PARAGRAPH 5.PAGE 5-3 Not to exceed 1.25% of bonds issued 4/22103 M/02-041 0/Sect3Prehminary pave 2 of 2 Albert A Webb Associates t ' PRELIMINARY ENGINEER'S REPORT SECTION 4 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 161 ' (MOUNTAIN GATE) ' CITY OF PALM SPRINGS 1 i ASSESSMENT DIAGRAM FOR SET 1 OF 1 S££T ASSESSMENT DISTRICT NO. 161 ( MOUNTAIN GATE ) CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DbTR(LT BOUNDARY PECM o THIS_ DAY DE ROOD AT THE 1GA OF O'CLOC.'-N IN BC PAGES_9F OOPS OF ASSF54ENI NU CC TIY FACILITIES DISTHIM IN THE OFFICE OF 11£CUNTY RmHVIEX BECPYER IN TI£COliIY OF RIVERSIDE STATE 6F CALIFORNU. I I^I a y PO , 2 3 p 15 6 ] p 9 10 111 12 I3 f4 ]5 ]6 11 fBI]9 I�Y1232223 2.25 26I2] 2B 29 30 3] 32 3i ]R3159Q��a�P GARY L.usa AIVEI6mE cLL.IIv AssESsw-aFA(-rEfrnoEN L 1�-L.1LT�.1 x P -L__L1_j �lr-SINMI,Iv LJJ'J-L�IJ`uxn I�rg�l E U \v.L/ 26 o ev -r�63 ez pIT-f�-7��V /I TT - �AT�J�T�'�� _i1Ly, l�'-i-r \ fy�/ z LFP.RY ]0] IZI GS w I ]9 ]B n \ l\]fi -]5�,({]Q.-+1�\JA( '�'f" ]0 69 Ztl �I III 3] 35 35 3f f92\ ` 2] 25 <L 3 y +�--�� 'ry['\ Tom- rL / CW F YI ]91 26�w I �� 4 FILED IN TI£OFFICE OF THE SIRTIMDNDDNT OF STREETS OF 1W ICI G] 89 99 90 91 92 23 9A tl` i fit G3 I fi5 ED 6] 69 ; C�' u•1 .2 .3 •• 95 1m C 5 TI£CITY OF P SPAINGI PITS_WY OF .20]3. J I I R ,OS I�J�LV$TA_rypNTAN i1�L _J -A"L __J �_ - _1 1 SIPHiINIEIUENI CF STREETS CITY OF Plln 54lING. _ T� TT / VISiA xON-TAITI� J _ I3TA NSFTANA -T 7 31�22 STATE OF CALIFtlNU f0. r 2 fOf 1W 93 Q 9]Tgfi g T-T TT�TT��I / i I �� L 32 IT' b f03 I I b] 60 "9 S9 5] I DO S5 5. 153 Sz 51 5'l .9 .b .] .b]Og 10B 1 33�2 � ] O 1C8 109 SID f 112 ff3 114 115 ]]6 p_I 0 AN ASIZIR ENT XA6 LEVIEII BY T!E CITY CU`CR fF TE CITY LF 1[fi fi 14. 1150I 111 1. 153 114 111 IQ / 157 1.1531W]6]]b21691w]65 IN, PALx 5PP ON TIE LOT$PIECES.AND PAA£LS CF LML 2lY%N L1_I 1 I I �� - ONTHIS ASSE54E]R DIAGRAM ON I!£—WY OF_ 1003 1W �J� ALTA LDMX'-�1T--L1_/��_LJ-A' -Ego-L---L_J]I I Ir 11s 1lI �- sNmEOFFIEOOv uu TIE OR STREIR XETF fEmrnEo /- �rT-TT 1 7—i--1p -I--i��T_1�T�'_�y��LL 1_.A DM^ 31TIB f 9 Ti if£CFFII£OF 0£6f FERENDE TO M DE TO TfiE W i1£_oAv ��(]],, _ L pF zD]3 IEFEfETFE IS PNIE ro TIE AS: w RCIL Iw 125 Iz4 IR3 f22 121I 12o I �w�^ RT^ 143 / -T 1� I DO- I fo FECCFSEO IN TFE OFFICE OF TIE 9.F3c 11NTE]EENi CF SISIEETE FCP 1 -I-��-�T ]]9 l]]6 ff] a ¢I S ,4B 14] ]5p{1 4 Iwl I� I�-�I 1f i1E ENACT AMWi OR FACI1 AS'FSS£NT LEVIE➢AWII6i EACH PARCEL b f—� __ 3 �lf �fI 142 f]4I1]3I]]2 f]f 1]0]6916916] I65�-� I- I] OF LAID 9GIM W TIE ASSc4ENIT DIAL T IDD i �` ,3S ]39 ,39 I.p "+' ��-� -�_1 o r_ L �{ 1z6 Iz] 128 ]z9 130J 131 132 133 134 ` o Ib FILM IN T£OFFIL£OF TE CITY 0.EIK OF TI£[LfY OF PALx ]02 `�-��TIERRA L.1 � �.\f� y�LTI�iI.-Lr III-�41)I (f]5L1I6I1'f]If�fS1�102�f633�1pQJ�' 2�f5 1 w f2 5 IN65.STATE OF C&TOMIA Ti1S_D.AY CF 2003 i -- I -�I / �TTr 1 TT-r—��t— ITT F f0]�YI� BS y ]] I ]6 I ]5 I ]4 I ]3\ ]2 / b1 OI Eb �T � 43 I w I CItt fh CF i I OF PALN STATE ]A �]OO-Izr�1 79 ��]O Rid 1Y/ 59I� 5� DO1 •''I � � pS 51 \ f• kkS 50I 49 A94] .645 991 7. D3 r ] SITE ��/r b 97DO I r 4 \ J� 66\ fig R4 4 £ g ¢ Sr w�pA P.u.CE m 669 O-001-9 A�W. 00901 .• Yf'�j�, /w/23 �1NT�i 'A 1 F.J,T, i \6 91 � go TRACT M0. 30963-1 ]- Lors 6.14 A�s 194-LOTS A( S VICINITY MAP TRACT lam. 30963-2 W0 C N.T.S 110 ftr TRACT W. 30963-3 1m-Lors z].ss Aacs xnA cxwo Off/ I �. TOTAL- 30B-LOTS B M AO NOR TO 6WLE jA L B E R T A THIS AESES4EM DIACNN DDAEMY SIXMS EACH SEPARATE LOT Bu AS RAMOSE F IIY FOR IMS ON B1WVT]ES O TE W 1{(1 AS`ARCEL DIS flICT FOR RTARS THEEMING THE LINES T VO AS4 4 5 PACO M. �3]]-0Y-6 p11E]Slpb OF LOTS ON PASCE.REFER TO TE CGNTY ASSESw E1Yr W. OOOW ASSOCIATES ASSE651F5 XAP3 F-FISCAL YEM 2OO2-2CO3, W.O. 02-0410 PRELIMINARY ENGINEER'S REPORT SECTION 5 ' ASSESSMENT ' ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS SECTION 5 ASSESSMENT ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS ' WHEREAS, on , 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 Streets and Highways Code of the State of California, as amended, adopt its Resolution of Intention No. , for the construction and acquisition of certain public timprovements, 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: ' 0 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 iland 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; • A proposed maximum annual assessment to pay costs incurred by the City and not otherwise reimbursed for administration and collection of assessments or from 5-1 M1cITIESTalm spnngs\02-041TSeet s.doc Albert A. Webb Associates i iadministration or registration of any associated bonds and reserve or other related funds. 1 For particulars, reference is made to the said Resolution of Intention. NOW, THEREFORE, 1, Matthew E. Webb, P. E., authorized representative of Albert A. Webb Associates, the appointed ENGINEER OF WORK, pursuant to the "Municipal Improvement Act iof 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 iAssessment 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 showing 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 number 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:\CITIES\Palm Spnngs\02-0410\Sect i.doc Albert A. Webb Associates 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 ctuxent 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 percent (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 1 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 of said Code. 6. By virtue of the authority contained in said "Municipal Improvement 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 Estimated Incidental Costs and Expenses $629,299 Estimated Bond Issuance Costs $1,209,431 Estimated Total Project Cost $5,579,808 Less Estimated Contribution $20( 4,558) ' Total Amount to Assessment $5,375,250 ' * For the breakdown of the costs, refer to Section 3, Engineer's Estimate of Costs and Expenses. 5-3 WcnrIESTalmsprings\o2-0410\sects.doc Albert A. Webb Associates 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: z5 2003 ALBERT A. WEBB ASSOC7IATES QROFESSIOvl, L b ��49i`NEW E 4-, �2 re �� MATTHEW E. WEBB, P. E. NO. 37385 m ASSESSMENT ENGINEER No. 37385 A ASSESSMENT DISTRICT NO. 161 EXP. 6-30-04 (MOUNTAIN GATE) rgTe of IVI\- �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: 12003 ALBERT A. WEBB ASSOCIATES QROFESSl�� 9 MATTHEW E. WEBB, P. E. NO. 37385 re �� ASSESSMENT ENGINEER Z ASSESSMENT DISTRICT NO. 161 w m A NO. 6-30-04 37385 (MOUNTAIN GATE) EXP. 6- sr crvi P CITY OF PALM SPRINGS 're ca�zFo��ti COUNTY OF RIVERSIDE STATE OF CALIFORNIA 5-4 M�c,Tas\Paim Spnnss\o2-o4io\s«c 5 aoc Albert A. Webb Associates ■� r tr � M m m m m m mom M � m r � s 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: 04/14/03 12:51 Ps Page: 1 P R 8 L Z M I N A R Y B N G I X E E R S R E P O R T A.V. LAND ASSESSMENT NO. A.V. IMPROVEMENTS ASSESSMENTS ASSESSMENT ASSR'S PARCEL NO. ASSESSEE'S NAME & ADDRESS A.V. PARCEL LEVIED/PENDING AS FILED -----0000001--- -__--BROX YER STANLEY & ALVIA _-_ ---_-----$726,405---i--------------$0.00-----_---$5,375,250 00 669340001-9 7200 RADICE CT $0 FT LADDERDALE FL 33319 ----------- $726,405 0000002 BROEMEYER STANLEY & ALVIA $16,349 $0.00 $0.00 669371002-6 7200 RADICE CT $0 FT LADDERDALE FL 33319 ---___----- $16,349 TOTAL LAND: ----$742,754 ----------$0.00 ---$5,375,250.00 TOTAL IMPROVEMENT $0 ----TOTAL PARCEL: $742,754 ' PRELIMINARY ENGINEER'S REPORT ' APPENDIX "A" RESOLUTION OF INTENTION (ON FILE AT CITY OFFICES) 1 ASSESSMENT DISTRICT NO. 161 ' (MOUNTAIN GATE) CITY OF PALM SPRINGS 1 1 1 1 1 PRELIMINARY 1 ENGINEER'S REPORT 1 APPENDIX "B" 1 METHOD OF ASSESSMENT APPORTIONMENT i ASSESSMENT DISTRICT NO. 161 1 (MOUNTAIN GATE) i CITY OF PALM SPRINGS 1 1 i 1 1 i i i i 1 APPENDIX "Br' LMETHOD OF ASSESSMENT APPORTIONMENT ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS ' PREFACE ' 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 ' 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 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 full 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 B-1 mAcities\palm springs\02-0410\app b.doc Albert A. Webb Associates made and several factors were used, as more fully explained hereinafter under "Method of ' Assessment Apportionment". 1 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 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: • 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 benefit to all 135 lots for single family uses. The Assessment would then be based on an equal per lot basis. • 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 benefit to all 173 lots for single family uses. The Assessment would then be ' based on an equal per lot basis. ' B-2 m:\c¢ies\pa1m springs\02-0410\app b.doc Albert A. Webb Associates 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 XIII 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. ' 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. r ' B-3 m:\cities\palm sp,,ngs\02-0410\app b.doc Albert A. Webb Associates i 1 1 PRELIMINARY i ENGINEER'S REPORT 1 APPENDIX "C" i RIGHT-OF-WAY CERTIFICATE i ASSESSMENT DISTRICT NO. 161 i (MOUNTAIN GATE) i CITY OF PALM SPRINGS 1 i 1 i 1 1 1 i 1 1 1 APPENDIX `C' ASSESSMENT DISTRICT NO. 161 (MOUNTAIN GATE) CITY OF PALM SPRINGS RIGHT-OF-WAY CERTIFICATE tSTATE 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 1 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.\crties\palm springs\02-0410\app c.doc Albert A. Webb Associates 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. fEXECUTED this 73 t�day of I , 2003, at Riverside, California ALBERT A. WEBB ASSOCIATES QRpFESSrON f c MATTHEW E. WEBB, P. E.,No. 37385 ' w M ASSESSMENT ENGINEER NO. 37385 ASSESSMENT DISTRICT NO. 161 EXP. 6-30-04 (MOUNTAIN GATE) �TqT CI�I� �lP CITY OF PALM SPRINGS F �F CA�ZfpP COUNTY OF RIVERSIDE ' STATE OF CALIFORNIA C-2 mAcities\palm springs\02-0410\app c.doc Albert A. Webb Associates 1 PRELIMINARY ENGINEER'S REPORT APPENDIX "D" ' CERTIFICATES ASSESSMENT DISTRICT NO. 161 ' (MOUNTAIN GATE) ' CITY OF PALM SPRINGS 1 I, Deputy City Clerk, as City Clerk of the City of Palm Springs, California, do hereby certify that ' the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the_day of , 2003. ' CITY CLERK CITY OF PALM SPRINGS ' COUNTY OF RIVERSIDE STATE OF CALIFORNIA ' I, as City Clerk of the City of Palm Springs, California, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of , 2003. ' CITY CLERK CITY OF PALM SPRINGS ' COUNTY OF RIVERSIDE STATE OF CALIFORNIA ' 1, 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 SUPERINTENDENT OF STREETS CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA D-1 ' M\CITIES\Palm Springs\02-0410\App D cerifica[es.doc RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A RESOLUTION OF INTENTION TO FORM A 1913 ACT ASSESSMENT DISTRICT, USING 1915 ACT BONDS TO MAKE ACQUISITIONS AND CERTAIN ELIGIBLE PUBLIC IMPROVEMENTS; AND TO APPROVE THE PRELIMINARY 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 Acts and 1972 Community Facilities District Act; 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 bond financing for single family subdivisions; and specifying a 2-percent maximum Special Tax per property, including the general property tax; requiring a District Application Form; establishing a $10,000 Application 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 district to disclose all district costs and declare that a municipal bond would be issued which would cause an assessment to be placed on each property owners 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 experienced land developer, wishes to construct the "Mountain Gate" Tract 30963 and is in compliance with Resolutions No. 17774 and 20304 and has completed the required District Application Form and paid the required $10,000 Application Fee with intent to construct a 308 Unit single family home subdivision located at the NE corner of North Palm Canyon Drive (Hwy. 111) and Gateway Drive in Palm Springs, using Municipal 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 No. 7281/ Agreement No. A4680 hiring Albert A. Webb Associates as the City's Assessment Engineer and authorizing a Preliminary and Final Engineer's Report at a cost of $29,000, plus incidental expenses (all costs paid for by Century); and that the Preliminary Engineer's Report is attached for City Council's consideration for approval as an element of the Resolution of Intention. (See Exhibit"B" on file with office of City Clerk) / V9 NOW, THEREFORE, BE IT RESOLVED, As follows: 1. Intention. The public interest, convenience and necessity require, and this City Council intends to order the making of the construction of certain public improvements, together with the acquisition of all easements, rights-of-way, and lands necessary therefore described in Exhibit "A" attached hereto and made a part hereof. 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 1913, 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 therefor, as hereinafter provided. There 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 the public ways referred to are included to the extent that work is shown on the plans to be done therein. The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County of Riverside, State of California, and shall be shown upon the plans. For a general description of the area to be included in Assessment District No. 161 of the City of Palm Springs, reference is hereby made to a 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. 5\ 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 property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 6. 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 plans, profiles and 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 general 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 the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. r ' 8. Special Benefit and Boundary Map. The contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, 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 further particulars. The map indicates by a boundary line the extent of the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. 9. Filing of Boundary Map. The City Clerk is directed to file a copy of the 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 report of the District Engineer. 10. Engineer's Report. Albert A. Webb & Associates is the engineer for this assessment district (the "Engineer of Work"), and the Engineer of Work is hereby 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 specifications do not need to be 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 plans and specifications 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 either 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 works, appliances, or property are to be acquired as part of the improvements. (d) An estimate of the cost of 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: (1) The exterior boundaries of the assessment district. (2) The boundaries of any zones within the district. (3) 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 govern for all details concerning the lines and dimensions of the parcels. (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by each subdivision, respectively, from the 1 R� 5 improvement. In the case of an assessment for installation of planned local drainage facilities which are financed, in whole or in part, pursuant to Section 66483 of the California Government Code, the assessment levied against each parcel of subdivided land may be levied on the basis of the proportionate storm water runoff from each parcel. The assessment shall refer to the subdivisions by their respective numbers 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 related funds. 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 expenses of the acquisitions and improvements, and the assessment shall 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 a maximum of twenty 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 to be issued pursuant to and as provided in the Improvement Bond Act of 1915, Division 10 of the 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 any division which shall be adjusted to reflect the amounts of interest earned from the date of the bonds to the date when the first interest is payable on such bonds. The bonds may be issued in divisions as permitted by Section 8650.1 of the Code. 12. No Obligation to Cure Deficiencies. In the event of any deficiency in the bond redemption fund to be established hereafter in these proceedings, the District will not be obligated to advance available funds from the District treasury to cure any such deficiency. 13. Use of Surplus. If any excess shall be realized 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 purposes: (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 for the redemption of bonds, or both; or (c) For the maintenance of the improvements. 14. Contact Person, Thomas M. Kanarr, Director of Finance and Treasurer of the City, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, or by calling telephone number (760) 323-8221. 15, Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or 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 10100) 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 installation 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 and acquisitions 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 funds are available to carry out the terms of any such agreement. 16. Refunding of Bonds. The bonds may be refunded 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 necessity requires such refunding. 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 principal and interest 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 assessments resulting from the refunding will be done on a pro-rata basis. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the California Streets and Highways Code, except that, if, following the filing of the Engineer's Report specified in Section 9523 and any subsequent modifications of the Engineer's Report, the Council finds that each of the conditions specified in the resolution 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, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the California Streets and Highways Code. 17. 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 therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. 18. Collection and Advance Payments of Assessments. It is the intention of this Council that collection of assessments, advance retirement of the bonds, and advance payment of assessments shall be conducted and accomplished in accordance with the alternative procedure specified by Streets and Highways Code Sections 8760, et. seq. 19. Penalty for Delinquent Payments of Assessments. A penalty of two percent (2%) per month of the total amont of any delinquent installment shall be added to the delinquent installment after the close 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 (101h) day of each succeeding month until that delinquent installment and all penalties thereon are fully paid. This penalty shall be in lieu of all other penalties assessed 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 the part of, the delinquent installments. All penalties collected shall be paid over to the 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. 20. 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 (c) 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 with complying with federal arbitrage requirements. Adopted this day of 2003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA by City Clerk City Manager REVIEWED AS TO FORM Attachments: 1. Exhibit "A"- Description of Work (2 pgs.) 2. Exhibit "B"- Preliminary Engineer's Report by Albert A. Webb Associates (32 pgs.) 196 (0 EXHIBIT A CITY OF PALM SPRINGS ASSESSMENT DISTRICT No.161 (Mountain Gate) DESCRIPTION OF WORK Within the City of Palm Springs, (the "City") County of Riverside, State of California, the construction and acquisition of the following public improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the City: Zone 1: 1. 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 Road. 2. 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 individual residential lot. 3. 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 individual residential lot. 4. Landscape improvements including parkway landscaping, together with appurtenances and appurtenant work, on East Gate Road from the southerly tract boundary to Tramview Road, and on Tramview Road from the easterly tract boundary to East Gate Road. 5. Underground existing power lines, which includes but is not limited to undergrounding existing overhead power lines (Southern California Edison) within the public rights-of-way and easements in Tract No. 30963, appurtenances and appurtenant work. 6. Water, sewer and cabling and connection fees, which includes water facility fees for the Desert Water Agency, sewer facility fees for the City of Palm Springs, and cabling and connection fees for Southern California Edison. Zone 2: 1. 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 111 (Patin Canyon Drive)to Pamela Drive. ExhzhitA-1 / 8 67 2. 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 individual residential lot. 3. 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 individual residential lot. 4. Landscape improvements including parkway landscaping, together with appurtenances and appurtenant work, on the northeasterly side of State Highway I I I (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. 5. Underground existing power lines, which includes but is not limited to undergrounding existing overhead power lines (Southern California Edison) within the public rights-of-way and easements in Tract No. 30963, appurtenances and appurtenant work. 6. Water, sewer and cabling and connection fees, which includes water facility fees for the Desert Water Agency, sewer facility fees for the City of Palm Springs, and cabling and connection fees for Southern California Edison. IN't qO ExhibitA-2 EXHIBIT"E" PROJECT SITE VICINITY MAP V/GINI TY MAP TRAWEW RD Assessment District No. 161 SITE z Tr.30963 ��R z o - SAN RAPAEL DR �! o,� oti VISTA. CHINO CITY OF PALM SPRINGS CASE NO. 15.0931 PD-279 DESCRIPTION APPLICANT `rTM 30963 App,for a Tentative Tract Map and, Century Vintage Htomes Preliminary Planned Development to subdivide 83.83 acres into 308 IL single family lots,Zone PD-264, Sec. 34 Jill H:\USERS\BobM\Webb.Assess.Engr.Tr.30963.Contr.Ser.Agr.3-21-03.wpd March 21,2003 -19 F> I - Mountain Gate t , -f;" Assessment District No. 161 �X< Y Tract No. 30963f < ` s , sE r AD will Finance Approx $4 Million to Reimburse Developer for: Water and Sewer Facilities Undergrounding Utilities Gateway Drive & Hwy 111 Improvements, Exterior Landscape, Development Impact Fees (Developer Funding $898,600) Acquisition Fund $ 4,030,000 Reserve Fund 435,000 Capitalized Interest 550,000 Underwriting 110,000 Costs 220 000 Total Assessment $5,345,000 Bond Term — 30 Years 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) 1.88% Bonds Will Not Be Issued Until El Dorado (3,000 SgFt) 1.68% Value to Lien Equals 4 to 1 Finished Lots $15,300,000 55 Homes Built 6,080 000 Value Needed $21,380,000 Resolution of Intention May 7 Bond Issuance November 2003