HomeMy WebLinkAbout02191 - DWA DESERT WATER AGENCY PROPERTY WASTEWATER RECLAMATION PROPERTY PURCHASE �ese water Agency
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Secreta /Treasurer phone 760 323-4971
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March 28, 2008
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David Ready, City Manager GSA
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way p f J� j Z,j
P.O. Box 2743 y
Palm Springs, CA 92263-2743 % �✓�
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RE: RECLAMATION WATER RATE G
Dear David: /��sjr/•� ��� IL
The Desert Water Agency and the City of Palm S . gs entered into a astewater
Reclamation Agreement in February 1985. Included in the Agreement (copy attached - -�-
Page 7, Section 16) are the applicable rates the City will be charged for recycled water.
The Agreement indicates the Agency shall charge the City an amount sufficient to at
least recover the Agency's actual cost for reclaimed water service.
In reviewing our reclamation accounts, we discovered the City is only being charged
$0.3825 per 100 C.F. of recycled water. This rate has been charged to the City since
1992 and has not been adjusted since then.
The Agency can no longer extend this courtesy rate to the City. The costs associated
with providing and maintaining reclamation services have been and continue to
escalate. Our Fiscal 2006/2007 actual cost (latest completed fiscal year) to provide
reclamation water is $1.03 per 100 C.F.
Although the Agreement allows the Agency to charge the City an amount sufficient to
at least recover actual cost, we understand that this could have an impact on your
budget and cash flows. The Agency wishes to maintain a mutually cooperative
relationship with the City, therefore, we will only increase your reclamation rate to
recover a portion of our cost and will continue to subsidize your reclamation use in the
short term.
r .
DESERT WATER
7 David Ready
CITY OF PALM SPRINGS
Page 2
March 28, 2008
Effective July 1, 2008, your new reclamation consumption rate will be $0.50 per 100
C.F. This reclamation rate will be reviewed during our annual Reclamation Analysis
Study and may be adjusted accordingly (with advance notice) as warranted.
If you have any questions, you may reach me at (760) 323-4971, extension 120.
Sincerely,
DESERT W TER AGENCY
Martin S.
Finance Director
MKIlit
cc: Tom Kanaar,Interim Finance Department,City of Palm Springs
Sharon Heider, Director or Parks&Recreation,city or Palm Springs
Dave Luker,Desert Water Agency
Mike Riddell, Best Best&Krieger,UP
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WASTEWATER RECLAMATION AGREEMENT
AGREEMENT made this ' / day of
1985, between the CITY OF PALM SPRINGS ("City") , a municipal corporation, and
the DESERT WATER AGENCY ("Agency") , a public agency.
RECITALS
1. The City and the Agency entered into a WATER CONSERVATION AND RECLAMATION
AGREEMENT on December 7, 1977 establishing joint policy on water
conservation and wastewater reclamation. That Agreement was stated in
broad terms and contemplated future detailed agreements between the
parties. This agreement implements the wastewater reclamation portion of
the joint policy.
2. The Water Conservation and Reclamation Agreement contemplated the City
owning and operating treatment facilities necessary for wastewater
reclamation and the Agency owning and operating storage and conveyance
facilities necessary for delivery of reclaimed wastewater to public
agencies and private parties. The Agreement provided the City with the
first right to reclaimed wastewater in sufficient quantities to irrigate
certain City properties and it provided the Agency with the second right
to reclaimed wastewater in sufficient quantities, as available and as
needed, to irrigate other public lands and certain private properties.
The Agreement also provided the City with the third right to reclaimed
wastewater for any use determined appropriate together with the
J n
obligation to dispose of any unused wastewater in accordance with
specified waste discharge requirements and all provisions of law.
3. The Water Conservation and Reclamation Agreement provided the Agency with
the authority to establish rules and set rates for reclaimed wastewater.
Xt also permitted the Agency to set rates based on costs incurred by the
City in reclaimed wastewater treatment together with costs incurred by
the Agency in reclaimed wastewater distribution and to require backup
connections to the Agency's municipal water system before providing
reclaimed wastewater service through connections to the Agency's
reclaimed wastewater distribution system. The Agreement also placed
title to reclaimed wastewater with the party owning the facilities
necessary for storage and delivery.
4. Subsequent to the City and the Agency entering into the water
Conservation and Reclamation Agreement, the State established stricter
requirements for use of reclaimed wastewater in public areas such as
parks, golf courses, and green belt areas. The stricter requirements,
set forth in Wastewater Reclamation Criteria in Title 22, Division 4 of
the California Administrative Code, indicate "unrestricted use" rather
than "restricted use" requirements for most reclaimed wastewater
applications within the City and the Agency. These stricter requirements
dictate more extensive and more expensive treatment than can now be
provided by existing City treatment facilities.
5_ The City owns and operates a 10.9 MG0 wastewater treatment plant which is
expected to be enlarged eventually to 16.0 MGD. The City currently
disposes of treated wastewater (secondary effluent) through irrigation of
-2-
4
Demuth Park, the Municipal Golf Course, and the Wastewater Treatment
Plant and by discharge to percolation ponds for groundwater recharge.
The secondary effluent is not suitable for use by the Agency in its
proposed Wastewater Reclamation Program; it must be further treated
before the Agency can make reclaimed wastewater available for
"unrestricted use" as permitted by the California Regional Water Quality
Control Board.
6. The Agency proposes to construct and operate a wastewater reclamation
plant to treat the City's secondary effluent, thus permitting
"unrestricted use" of reclaimed wastewater for irrigation of parks, golf
courses, and green belt areas in Palm springs and vicinity. The Agency
proposes to initially construct and operate a 5.0 MGD plant and, if
warranted, expand it, in increments, to as much as 15.0 MGD depending
upon demands which develop for reclaimed wastewater and availability of
land for plant expansion.
7. Subsequent to the Agency determining to provide "unrestricted use"
reclaimed wastewater as part of its Wastewater Reclamation Program, the
City advised the Agency that it would deliver secondary effluent from its
Wastewater Treatment Plant to the Agency's wastewater reclamation plant
and that it would purchase from the Agency reclaimed wastewater for
irrigation use at Demuth Park, the Municipal Golf Course, the Wastewater
Treatment Plant, and any other mutually acceptable City facility.
8_ In support of the Agency's wastewater reclamation program, the City
advised the Agency that it would sell a 10 acre, more or less, parcel of
surplus land to the Agency and provide an option for an additional,
-3-
contiguous 10 acre, more or less, parcel of surplus land for the
wastewater reclamation plant site. The City advised that it would sell
the land (20 acres, more or less) at the recently appraised price of
$55,000 per acre and the option, scheduled to expire June 30, 2010, for
$1,500. Subsequently, however, to accommodate a water slide development,
the City leased the 10 acre, more or less, parcel together with adjoining
3.5 acre, more or less, and 7.5 acre, more or less, parcels to the water
slide developer.
The City then advised the Agency that it could purchase 12.75 acres, more
or less, of land situated easterly of the 10 acre, more or less, parcel
with an option for 6,25 acres, more or less, of land situated easterly
thereof for the same purchase and option prices, but with the City
allowing credit of $225,000 for incremental costs associated with
locating the wastewater reclamation plant on the alternative site. The
City advised the Agency that it would make its surplus lands available at
a ratio of about one acre per one-half MGD wastewater reclamation plant
capacity.
9- The City advised that it would grant the Agency exclusive right of use
(alteration, operation, maintenance, repair, and replacement) of its
existing 24-inch golf course irrigation supply line and that it would
provide right-of-way for said pipeline and easements for other wastewater
reclamation pipelines which are scheduled for construction through Demuth
Park, the Municipal Golf Course, the Wastewater Treatment Plant, and
other City owned lands if the Agency would waive backup facility charges
for municipal water service to Demuth Park, the Municipal Golf Course,
and the Wastewater Treatment Plant.
-4-
10. The Agency advised that it would deliver "unrestricted use" reclaimed
wastewater, or municipal water in substitution therefor, to the City at
$120 per acre foot for a period ending two years from the date of initial
operation of the Agency's wastewater reclamation plant and thereafter the
Agency would charge the City an amount at least sufficient to recover the
Agency's actual cost for "unrestricted use" reclaimed wastewater. The
Agency also advised that it would deliver municipal water for needed
irrigation at Demuth Park and the Municipal Golf Course at the same rate
as for reclaimed wastewater if the City were unable to continue its
current wastewater reclamation operation due to circumstances beyond the
city's control_
TERMS
11. Wastewater Reclamation Plant
The Agency shall construct, own, and operate a wastewater reclamation
plant, having an initial capacity of 5 MGD, to treat the City's secondary
effluent as required to achieve full "unrestricted use" reclaimed
wastewater for irrigation of parks, golf courses and green belt areas in
Palm Springs and vicinity in accordance with specified wastewater
reclamation criteria and all provisions of law.
12. Plant Site
The City shall sell the Agency a 12.75 acre, more or less, parcel of
land, free of encumbrances, at $55,000 per acre with payment to be made
within 10 years of the date of this Agreement and with interest to be
-5-
paid at the rate of 10% per year on the unpaid balance_ The City shall
also provide the Agency an option to purchase all or any portion of an
additional 6.25 acre, more or less, parcel of land, free of encumbrances,
at $55,000 per acre with payment to be made within 5 years of the date
the option is exercised and with interest to be paid at 10% per year on
the unpaid balance. The City shall provide the option, scheduled to v
expire on June 30, 2010, for $1,500 to be paid on execution of this
agreement. The land purchased pursuant to the option shall be based on
about one acre of land per one-half MGD wastewater reclamation plant
capacity and in exercising the option, the Agency shall agree to
ultimately provide wastewater reclamation facilities capable of using the
City's secondary effluent at the ratio of about one-half MGD per acre of
land purchased from the City pursuant to this agreement. The locations
of the parcels are shown by EXHIBIT "A" attached hereto.
13. Pipeline, Right-Of-Way and Easements
The City shall grant to the Agency exclusive right of use (alteration,
operation, maintenance, repair and replacement) of its existing 24" golf
course irrigation supply line, right-of-way for said pipeline, and
easements for wastewater reclamation pipelines scheduled for construction
through Demuth Park, the Municipal Golf Course, the Wastewater Treatment
Plant, and other City owned lands in exchange for the Agency waiving
backup facility charges for municipal water service to Demuth Park, the
Municipal Golf Course, and the Wastewater Treatment Plant. The locations
of the right--of-way and easements are shown by EXHIBIT B attached hereto.
-6-
14. Secondary Effluent
The City shall provide the Agency with secondary effluent from its
Wastewater Treatment Plant for wastewater reclamation by the Agency. The
secondary effluent shall meet the waste discharge requirements as
currently adopted by the California Regional Water Quality Control Board
or as subsequently revised.
15. Reclaimed Wastewater
❑pon completion of its wastewater reclamation plant, the Agency shall
furnish the City with reclaimed wastewater for "unrestricted use"
irrigation of the City's public facilities including Demuth Park, the
Municipal Golf Course, and the wastewater treatment plant. In the
interim, the City shall continue its current wastewater reclamation
operation but if it is unable to do so for reasons beyond its control,
the Agency shall furnish the City municipal water for irrigation of
Demuth Park and the Municipal Golf Course.
16. Applicable Rates
The Agency shall charge the City $120 per acre foot for reclaimed
wastewater, or municipal water in substitution therefor, from the date of
this agreement through a period ending two years from the date of initial
operation of the Agency's wastewater reclamation plant and thereafter it
shall charge the City an amount sufficient to at least recover the
Agency's actual cost for reclaimed wastewater. In the event the Agency
is unable to deliver reclaimed wastewater to the City due to City's
-7-
inability to deliver secondary effluent to the Agency, the City shall pay
the municipal water rate then in effect for any municipal water delivered
to the City. In the event the Agency abandons the wastewater reclamation
project, it shall notify the City of its decision in writing and the
above stated rates shall thereafter no longer apply.
17. Delivery Schedule
The City shall request deliveries of reclaimed wastewater or municipal
water sufficiently in advance of such deliveries to permit the Agency to
meet delivery obligations to other users. The Agency shall deliver
reclaimed wastewater or municipal water to Demuth Park, the Municipal
Golf Course, the Wastewater Treatment Plant, and any other mutually
acceptable City facility from the Agency's reclaimed wastewater
distribution system or the Agency's municipal water distribution system
at connections to these systems requested by the City. The City shall,
accept deliveries of reclaimed wastewater or municipal water at these
connections under normal reclaimed wastewater or municipal water
distribution system operating conditions. If City irrigation demands
exceed available reclaimed wastewater supplies, the City shall obtain
supplemental water supplies from its Municipal Golf Course water well if,
for any reason, the Agency is unable to deliver municipal water.
18. Hold Harmless
The Agency agrees to indemnify, defend, and save the City and its agents
and employees harmless from any and all claims, damages, injuries, and
liability to any person which arise from or are connected with the
-8-
construction or operation of the Agency's Wastewater Reclamation Plant or
which are caused or claimed to be caused by the negligent acts of the
Agency, its agents or employees, and all expenses of investigating and
defending against same; provided, however, that this indemnification and
hold harmless shall not include any claim arising from the sole
negligence or willful misconduct of the City, its agents or employees.
The City agrees to indemnify and save the Agency and its agents and
employees harmless and to defend them from any and all claims, damages,
injuries, or liability caused by any act or omission of the City or its
agents or employees, or the taking of the fringed-toed lizard (Uma
inornata) ; provided, however, that this indemnification and hold harmless
shall not apply to any act or omission resulting from the sole negligence
or willful misconduct of the Agency, its agents or employees.
19. Excess Earth
If, during the course of constructing the wastewater reclamation plant,
the Agency finds that it has excess earth or soil to remove from the
plant site, it shall give the City the first right to accept and use
excess earth or soil provided the excess earth or soil can be transferred
to the City during the course of construction at no extra cost to the
Agency. If the City elects to accept and use any or all excess earth,
the City and the Agency shall make specific arrangements to accomplish
the transfer of soil. The arrangements shall specify the quantity of
earth to be furnished by the Agency, the price, if any, to be paid for
soil by the City, the condition and location of available soil, the
method of measurement of and payment, if any, for the soil, and the soil
collection and removal schedule_
20. Reversion of nand
if the Agency discontinues wastewater reclamation at the plant site or
refuses to accept secondary effluent From the City's Wastewater Treatment
Plant, the Agency shall sell the land and the option purchased by the
Agency pursuant to Section 12 herein to the City. The City shall pay the
Agency the same price that the Agency paid the City for the land and the
option.
21. Inconsistent Provisions
Insofar as any provisions in this agreement are inconsistent with any
provisions of the WATER CONSERVATION AND RECLAMATION AGREEMENT, dated
December 7, 1977, the provisions herein shall prevail.
-10-
IN WITNESS WHEREOF, the City and Agency execute this agreement.
DESER"ATER AGENCY CITY OF JPALK SPRINGS
General Manager NORMAN R. KING
TITLE TITLE
ATTEST:
Asst. S eta y 94cler
APPRO D AS TO FfORRM:�J��� �J(� APPROVED AS O FORM:
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Best, Best s Krieger City to ney
General Counsel /
Date: 2 Date:
A PPROVc"D BY?!lc CITY C0 i�ICF7
BYRES. r,0./�{�{7 pJ
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12.75 acres, Sec 20 for water
reclamation pint w/option for
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WASTEWATER RECLAMATION AGREEMENI AGREEMENT #2191 (Orig 2-19-85)
Res 15447, 2-20-85
AGREEMENT made this / -7 day of x wah�
1985, between the CITY OF PALM SPRINGS ("City") , a municipal corporation, and
the DESERT WATER AGENCY ("Agency") , a public agency.
RECITALS
1. The City and the Agency entered into a WATER CONSERVATION AND RECLAMATION
AGREEMENT on December 7, 1977 establishing joint policy on water
conservation and wastewater reclamation. That Agreement was stated in
broad terms and contemplated future detailed agreements between the
parties. This agreement implements the wastewater reclamation portion of
the joint policy.
2. The Water Conservation and Reclamation Agreement contemplated the City
owning and operating treatment facilities necessary for wastewater
reclamation and the Agency owning and operating storage and conveyance
facilities necessary for delivery of reclaimed wastewater to public
agencies and private parties. The Agreement provided the City with the
first right to reclaimed wastewater in sufficient quantities to irrigate
certain City properties and it provided the Agency with the second right
to reclaimed wastewater in sufficient quantities, as available and as
needed, to irrigate other public lands and certain private properties.
The Agreement also provided the City with the third right to reclaimed
wastewater for any use determined appropriate together with the
-1-
obligation to dispose of any unused wastewater in accordance with
specified waste discharge requirements and all provisions of law.
3. The Water Conservation and Reclamation Agreement provided the Agency with
the authority to establish rules and set rates for reclaimed wastewater.
It also permitted the Agency to set rates based on costs incurred by the
City in, reclaimed wastewater treatment together with costs incurred by
the Agency in reclaimed wastewater distribution and to require backup
connections to the Agency's municipal water system before providing
reclaimed wastewater service through connections to the Agency's
reclaimed wastewater distribution system. The Agreement also placed
title to reclaimed wastewater with the party owning the facilities
necessary for storage and delivery.
4. Subsequent to the City and the Agency entering into the Water
Conservation and Reclamation Agreement, the State established stricter
requirements for use of reclaimed wastewater in public areas such as
parks, golf courses, and green belt areas. The stricter requirements,
set forth in Wastewater Reclamation Criteria in Title 22, Division 4 of
the California Administrative Code, indicate "unrestricted use" rather
than "restricted use" requirements for most reclaimed wastewater
applications within the City and the Agency. These stricter requirements
dictate more extensive and more expensive treatment than can now be
provided by existing City treatment facilities.
5. The City owns and operates a 10.9 MGD wastewater treatment plant which is
expected to be enlarged eventually to 15.0 MGD. The City currently
disposes of treated wastewater (secondary effluent) through irrigation of
-2-
Demuth Park, the Municipal Golf Course, and the Wastewater Treatment
Plant and by discharge to percolation ponds for groundwater recharge.
The secondary effluent is not suitable for use by the Agency in its
proposed Wastewater Reclamation Program; it must be further treated
before the Agency can make reclaimed wastewater available for
"unrestricted use" as permitted by the California Regional Water Quality
Control Board.
6. The Agency proposes to construct and operate a wastewater reclamation
plant to treat the City's secondary effluent, thus permitting
"unrestricted use" of reclaimed wastewater for irrigation of parks, golf
courses, and green belt areas in Palm Springs and vicinity. The Agency
proposes to initially construct and operate a 5.0 MGD plant and, if
warranted, expand it, in increments, to as much as 15.0 MGD depending
upon demands which develop for reclaimed wastewater and availability of
land for plant expansion.
7. Subsequent to the Agency determining to provide "unrestricted use"
reclaimed wastewater as part of its Wastewater Reclamation Program, the
City advised the Agency that it would deliver secondary effluent from its
Wastewater Treatment Plant to the Agency's wastewater reclamation plant
and that it would purchase from the Agency reclaimed wastewater for
irrigation use at Demuth Park, the Municipal Golf Course, the Wastewater
Treatment Plant, and any other mutually acceptable City facility.
8- In support of the Agency's wastewater reclamation program, the City
advised the Agency that it would sell a 10 acre, more or less, parcel of
surplus land to the Agency and provide an option for an additional,
-3-
contiguous 10 acre, more or less, parcel of surplus land for the
wastewater reclamation plant site. The City advised that it would sell
the land (20 acres, more or less) at the recently appraised price of
$55,000 per acre and the option, scheduled to expire June 30, 2010, for
$1,500. Subsequently, however, to accommodate a water slide development,
the City leased the 10 acre, more or less, parcel together with adjoining
3.5 acre, more or less, and 7.5 acre, more or less, parcels to the water
slide developer.
The City then advised the Agency that it could purchase 12.75 acres, more
or less, of land situated easterly of the 10 acre, more or less, parcel
with an option for 6.25 acres, more or less, of land situated easterly
thereof for the same purchase and option prices, but with the City
allowing credit of $225,000 for incremental costs associated with
locating the wastewater reclamation plant on the alternative site. The
City advised the Agency that it would make its surplus lands available at
a ratio of about one acre per one-half MGD wastewater reclamation plant
capacity.
9• The City advised that it would grant the Agency exclusive right of use
(alteration, operation, maintenance, repair, and replacement) of its
existing 24-inch golf course irrigation supply line and that it would
provide right-of-way for said pipeline and easements for other wastewater
reclamation pipelines which are scheduled for construction through Demuth
Park, the Municipal Golf Course, the Wastewater Treatment Plant, and
other City owned lands if the Agency would waive backup facility charges
for municipal water service to Demuth Park, the Municipal Golf Course,
and the Wastewater Treatment Plant.
-4-
10. The Agency advised that it would deliver "unrestricted use" reclaimed
wastewater, or municipal water in substitution therefor, to the City at
$120 per acre foot for a period ending two years from the date of initial
operation of the Agency's wastewater reclamation plant and thereafter the
Agency would charge the City an amount at least sufficient to recover the
Agency's actual cost for "unrestricted use" reclaimed wastewater. The
Agency also advised that it would deliver municipal water for needed
irrigation at Demuth Park and the Municipal Golf Course at the same rate
as for reclaimed wastewater if the City were unable to continue its
current wastewater reclamation operation due to circumstances beyond the
City's control.
TERMS
11. Wastewater Reclamation Plant
The Agency shall construct, own, and operate a wastewater reclamation
plant, having an initial capacity of 5 MGD, to treat the City's secondary
effluent as required to achieve full "unrestricted use" reclaimed
wastewater for irrigation of parks, golf courses and green belt areas in
Palm Springs and vicinity in accordance with specified wastewater
reclamation criteria and all provisions of law.
12. Plant Site
The City shall sell the Agency a 12.75 acre, more or less, parcel of
land, free of encumbrances, at $55,000 per acre with payment to be made
within 10 years of the date of this Agreement and with interest to be
-5-
paid at the rate of 10% per year on the unpaid balance. The City shall
also provide the Agency an option to purchase all or any portion of an
additional 6.25 acre, more or less, parcel of land, free of encumbrances,
at $55,000 per acre with payment to be made within 5 years of the date
the option is exercised and with interest to be paid at 10% per year on
the unpaid balance. The City shall provide the option, scheduled to
expire on June 30, 2010, for $1,500 to be paid on execution of this
agreement. The land purchased pursuant to the option shall be based on
about one acre of land per one-half MGD wastewater reclamation plant
capacity and in exercising the option, the Agency shall agree to
ultimately provide wastewater reclamation facilities capable of using the
City's secondary effluent at the ratio of about one-half MGD per acre of
land purchased from the City pursuant to this agreement. The locations
of the parcels are shown by EXHIBIT "A" attached hereto.
13. Pipeline, Right-Of-Way and Easements
The City shall grant to the Agency exclusive right of use (alteration,
operation, maintenance, repair and replacement) of its existing 24" golf
course irrigation supply line, right-of-way for said pipeline, and
easements for wastewater reclamation pipelines scheduled for construction
through Demuth Park, the Municipal Golf Course, the Wastewater Treatment
Plant, and other City owned lands in exchange for the Agency waiving
backup facility charges for municipal water service to Demuth Park, the
Municipal Golf Course, and the Wastewater Treatment Plant. The locations
of the right-of-way and easements are shown by EXHIBIT B attached hereto.
-6-
14. Secondary Effluent
The City shall provide the Agency with secondary effluent from its
Wastewater Treatment Plant for wastewater reclamation by the Agency. The
secondary effluent shall meet the waste discharge requirements as
currently adopted by the California Regional Water Quality Control Board
or as subsequently revised.
15. Reclaimed Wastewater
Upon completion of its wastewater reclamation plant, the Agency shall
furnish the City with reclaimed wastewater for "unrestricted use"
irrigation of the City's public facilities including Demuth Park, the
Municipal Golf Course, and the wastewater treatment plant. In the
interim, the City shall continue its current wastewater reclamation
operation but if it is unable to do so for reasons beyond its control,
the Agency shall furnish the City municipal water for irrigation of
Demuth Park and the Municipal Golf Course.
16. Applicable Rates
The Agency shall charge the City $120 per acre foot for reclaimed
wastewater, or municipal water in substitution therefor, from the date of
this agreement through a period ending two years from the date of initial
operation of the Agency's wastewater reclamation plant and thereafter it
shall charge the City an amount sufficient to at least recover the
Agency's actual cost for reclaimed wastewater. In the event the Agency
is unable to deliver reclaimed wastewater to the City due to City's
-7-
inability to deliver secondary effluent to the Agency, the City shall pay
the municipal water rate then in effect for any municipal water delivered
to the City. In the event the Agency abandons the wastewater reclamation
project, it shall notify the City of its decision in writing and the
above stated rates shall thereafter no longer apply.
17. Delivery Schedule
The City shall request deliveries of reclaimed wastewater or municipal
water sufficiently in advance of such deliveries to permit the Agency to
meet delivery obligations to other users. The Agency shall deliver
reclaimed wastewater or municipal water to Demuth Park, the Municipal
Golf Course, the Wastewater Treatment Plant, and any other mutually
acceptable City facility from the Agency's reclaimed wastewater
distribution system or the Agency's municipal water distribution system
at connections to these systems requested by the City. The City shall
accept deliveries of reclaimed wastewater or municipal water at these
connections under normal reclaimed wastewater or municipal water
distribution system operating conditions. If City irrigation demands
exceed available reclaimed wastewater supplies, the City shall obtain
supplemental water supplies from its Municipal Golf Course water well if,
for any reason, the Agency is unable to deliver municipal water.
18. Hold Harmless
The Agency agrees to indemnify, defend, and save the City and its agents
and employees harmless from any and all claims, damages, injuries, and
liability to any person which arise from or are connected with the
-8-
construction or operation of the Agency's Wastewater Reclamation Plant or
which are caused or claimed to be caused by the negligent acts of the
Agency, its agents or employees, and all expenses of investigating and
defending against same; provided, however, that this indemnification and
hold harmless shall not include any claim arising from the sole
negligence or willful misconduct of the City, its agents or employees.
The City agrees to indemnify and save the Agency and its agents and
employees harmless and to defend them from any and all claims, damages,
injuries, or liability caused by any act or omission of the City or its
agents or employees, or the taking of the fringed-toed lizard (Uma
inornata) ; provided, however, that this indemnification and hold harmless
shall not apply to any act or omission resulting from the sole negligence
or willful misconduct of the Agency, its agents or employees.
19. Excess Earth
If, during the course of constructing the wastewater reclamation plant,
the Agency finds that it has excess earth or soil to remove from the
plant site, it shall give the City the first right to accept and use
excess earth or soil provided the excess earth or soil can be transferred
to the City during the course of construction at no extra cost to the
Agency- If the City elects to accept and use any or all excess earth,
the City and the Agency shall make specific arrangements to accomplish
the transfer of soil. The arrangements shall specify the quantity of
earth to be furnished by the Agency, the price, if any, to be paid for
-9-
soil by the City, the condition and location of available soil, the
method of measurement of and payment, if any, for the soil, and the soil
collection and removal schedule.
20. Reversion of Land
If the Agency discontinues wastewater reclamation at the plant site or
refuses to accept secondary effluent from the City's Wastewater Treatment
Plant, the Agency shall sell the land and the option purchased by the
Agency pursuant to Section 12 herein to the City. The City shall pay the
Agency the same price that the Agency paid the City for the land and the
option.
21. Inconsistent Provisions
Insofar as any provisions in this agreement are inconsistent with any
provisions of the WATER CONSERVATION AND RECLAMATION AGREEMENT, dated
December 7, 1977, the provisions herein shall prevail.
-10-
IN WITNESS WHEREOF, the City and Agency execute this agreement.
DEESSE$T)W/ATER AGENCY/--) CITY OF
]�A.UM SPRINGS
CIlY
TITLE TITLE
ATTEST: ATTEST:
z�
Asst. Se eta y 4CtClerk
U
APPROVED AS TO FORM:. APPROVE ASI-10 FORM:
� (�4117
Best, Best & r� City A torney
General Counsel
Date: ffSl- Dat
BY RLS. �40.
-11-
WASTEWATER RECLAMATION
MEMORANDUM OF UNDERSTANDING
Reference is made to the Agreement dated 19 February 1985 between the CITY OF
PALM SPRINGS ("City") , a municipal corporation, and the DESERT WATER AGENCY
("Agency") , a public agency. This Memorandum of Understanding between these
two parties was reached 6 June 1985.
Pursuant to said Agreement between the City and the Agency, it is understood:
1. Travel Rights (Vehicular Traffic)
The Agency shall permit the City to travel through the Agency's
wastewater reclamation plant site to the City's wastewater reclamation
ponds over defined roadways, the alignments of which may be revised from
time to time. The Agency shall provide the City every opportunity to use
the defined roadways.
The City shall permit the Agency to travel through its wastewater
treatment plant site along defined roadways. The City shall provide the
Agency every opportunity to use these defined roadways.
Each party shall furnish the other party complete and full access
provided such access does not interfere with wastewater treatment or
wastewater reclamation. Each party shall comply with the other party's
security requirements.
-1-
2. Service Connections
The Agency shall construct all necessary facilities to connect its
wastewater reclamation plant to the existing City sanitary sewer
(constructed by the Agency in about 1973) situated southerly of the
City's wastewater reclamation ponds. The Agency envisions plant
discharges consisting of sanitary sewage and return wastewater. The
Agency shall not pay sewer connection charges but it shall pay applicable
monthly service charges for sanitary sewage.
The City shall construct all necessary facilities (including meters,
piping, valves, and vaults) to connect the irrigation systems for Demuth
Park, the Municipal Golf Course, the Wastewater Treatment Plant, and any
other mutually acceptable City facility to the Agency's reclaimed
wastewater distribution system or the Agency's municipal water
distribution system. The City shall pay for reclaimed wastewater service
in accordance with the referenced Agreement.
Each party shall comply with the other party's service connection
requirements with regard to design, construction, and operation.
3. Wastewater Plows
The City shall operate its wastewater treatment plant, particularly its
wastewater reclamation pipeline, to deliver flows to the wastewater
reclamation plant as requested by the Agency and as available from the
aforementioned 'wastewater treatment plant. The City and the Agency shall
-2-
coordinate their respective operations to achieve maximum mutual benefit.
The two parties shall mutually schedule interdependent operations.
The Agency shall operate its wastewater reclamation plant, particularly
its plant wastewater facilities, to limit discharge to the City's
sanitary sewer to flows which can be accommodated by the aforementioned
sanitary sewer. The Agency and the City shall coordinate their
respective operations to achieve maximum mutual benefit. The two parties
shall mutually schedule interdependent operations.
4. Wastewater Reclamation Plant Waste
The Agency shall limit its plant waste discharge, consisting of clarifier
sludge and filter backwash (both being comprised of coagulant chemicals
and secondary effluent suspended solids) to 30 mg/1 (based on average
plant flow and total pounds of chemicals) provided such plant waste
discharge does not adversely affect the City's wastewater system. If
such plant waste discharge adversely affects the City's wastewater
system, the plant waste concentration shall be reduced as required to
eliminate the aforementioned adverse effects.
The City shall accept plant waste discharges, provided they meet the
above stated concentrations, together with domestic waste discharges.
Said discharges shall be made to the City sewer system in the vicinity of
the Agency's wastewater reclamation plant.
�DDEES_ERT WATER
AGENCY CITY OF PALM SPRINGS
/, k H. Oberle /� Norman R. King —
d�General Manager /� Li J City Manager
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8 PURCHASE OPTION
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30 29
CITY OF PALM SPRINGS
DEPARTMENT OF COMMUNITY DEVELOPMENT ENGINEERING DIVISION
PROPERTY PLAT
DESERT WATER AGENCY PURCHASE S1TE
DESIGN BY: SCALE: FILE NE:
SECTION 20 T. 4 S.,R. S E.,S. S. S. i M. NO SCALI
CHECKED BY. DWG. Na. EXHIBIT "A"
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R-84-24
OPTION TO PURCHASE REAL ESTATE
The City of Palm Springs, a Municipal Corporation herein designated as the
SELLER and Desert Water Agency, a public agency herein designated as the
BUYER, jointly entered into a Water Reclamation Agreement dated February 19,
1985 that stipulates the Seller shall provide the Buyer an option to purchase
6.25 acres of land more or less.
Therefore in consideration of the sum of one thousand, five hundred and no/100
dollars, ($1,500.00) the receipt of which is hereby acknowledged, the under-
signed Seller hereby grants the right and option to purchase and agrees to
sell the Buyer or its assigns, at any time prior to June 30, 2010, the follow-
ing described property in City of Palm Springs, County of Riverside, State of
California, to wit:
Being the Northeast quarter of the Southeast quarter of the South-
west quarter of Section 20, Township 4 South, Range 5 East, S.B.B.
& M.
EXCEPTING therefrom the North 247.74 ft. (3.75 more or less acres,
including Crossley Road.)
EXCEPTING therefrom the East 74 feet. (0.70 acres more or less,
including Crossley Road. )
Containing 5.55 acres more or less.
RESERVING rights-of-way for the purpose of having access to the
Seller' s remaining property over existing roads and roads to be
constructed.
The purchase price shall be Fifty-five thousand and NO/100 dollars ($55,000)
per acre. The exact acreage shall be determined at the time this Option to
Purchase is exercised by the Buyer, with a survey provided by the Buyer at its
expense.
The Buyer shall execute a Promisory Note in the amount of the purchase price
payable in equal annual installments, including interest at ten percent (10%)
per annum, all due in five years, secured by a Deed of Trust encumbering the
purchased property.
If the Buyer discontinues wastewater reclamation at its plant or refuses to
accept secondary effluent from the City' s Wastewater Treatment Plant, the
Buyer shall sell the land purchased, under this Option, to the City. The City
shall pay the Buyer the same price that the Buyer paid the City for the land.
If the Buyer elects to purchase said property at the price and terms set forth
herein and in the Waste Water Agreement dated February 19, 1985, the Buyer
shall give the Seller notice in writing 60 days prior to exercise of this
option. The sum of $1,500 paid as consideration for this option shall not be
considered as payment on account of the cash portion of the purchase price.
If the Buyer does not give said seller written notice of intention to complete
the purchase of said property prior to the date of expiration of this option
the consideration hereinabove receipted for the Seller shall be retained by
said Seller as liquidated and agreed damages. This option shall terminate in
its entirety at the end of the term of this option and any new option will be
negotiated in its entirety at that time.
Seller shall deliver the property free and clear of any encumberances of
record except for covenants, conditions, restrictions, reservations, rights,
rights-of-way, easements of records and for any Deeds of Trust as provided For
in this option.
Page 2 0
R-84-24
OPTION TO PURCHASE REAL ESTATE
All notices required hereunder to be given said seller shall comply herewith
if deposited in the U.S. Mail addressed to said seller at P.O. Box 1786, Palm
Springs, California, 92263.
CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION
(Seller)
4
Date �a ' f J B
City Manager
Dates By: e -
r /
City Clerk
DESERT WATER AGENCY, A PUBLIC AGENCY
(Buyer)
Date ' BY: /4%�•
General Manager
Date - _A /Y)m f�'IGIL°
'A stant Secret y
`1 State of�1 I yt—f, �On this the �(1 day of ( L 7,L - �19 •2'-,before me
ir
ss. i
-� County of /�-r�r�Vnf�;L.. o (n�
'� a undersigned,Notary Publiq personally appeared �;j
7 tl
ersonally known to me
proved to me on the basis of sat sfactory evidence
OFFIC)AL SEAL � to be the p on(s)who executed,the within instrument as 4'n}
(i g4 )' -;1 ��� -6 8� PATTERSf)!\i on behalf of the corporation therein (11
NOF0.RY FOLIC /
CALIF
> IFORIVIA V5
PRINUP/AI.OFFIf,E 1. l named,an ackno edge to met at the corporation executed it.
RIVEFSIOEcouNTv WITNFt� my hand and oficialseal.
Pliy Corn rrn sslon rxplres Mar 2R, 1986
0I Notary s Signature
CORPORATE ACKNOWLEDGMENT FORM 7120111 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd •Woodland Hills,CA 91364
I OUNTY OF RIVERSIDE)ss.
June 27 ,
the said State, a 21 , all a 1985, before me, the Undersigned, a Notary Public in and for
of the CITY OF PALM SPRINGS t J. Supmich Kin known to me to be
be the persons who e 'the
Cor oration that executed the within instre to ument, the City Clerk
acknowledged to Xecuted the within Instrument, on behalf of the Corporation herin named, and
9 me that such Corporation executed the within Instrument known to me to
Or a resolution or ordinance.
Pursuant to its by-laws
CWITNESS my hand and official seal :
�- r% !
OFFICIAL SEAL °ry ary ruolic to and for said State
m NOTARY PUBLIC-CALIFORNIA
My —RIVeRSI es MAY 22, tggg
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CITY OF PALM SPRINGS
DEPARTMENT OF COMMUNITY DEVELOPMENT ENGINEERING DIVISION
PROPERTY PLAT
DESERT WATER AGENCY PURCHASE SITE -
DESIGN BY SCALE: FILE N2:
SECTION 20 T. 4 S., R . 5 E„S. B. B . $ M . NO SCALE R / U'
CHECKED BY DWG. NO SHEET NQ
-..�.r.m.r..�. OF
J:
�S
I Order Escrow
Number...............................Number......3.,M 262....
�'' Iln;ii a'i rl'L1111iLC li'SIGiNW(t�iy Z s RECORDING REQUESTED BY a
COfdii':<
V y � La7 i3
........................................_. tL pp ¢
....................................................
e J"
WHEN RECORDED, PLEASE MAIL TO " _� e to
p , 4— c
It
City of Palm Springs Lu ,i
A.......
TN: Mr. Andrew P. Fisichelli `" m W
P. 0..._Box...IM6.............................................. w ? o E
......................................
Palm Springs, CA 9 2b.3......... M t` is
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST
and Assignment of Rents
THIS AFD OF TRUST, made this.........151............day of.................March......................... 19....85 BETWFEN
.OFSERI...NA.T.ER..A.GEN.CY.,....d-..Pub 1...G._Agency............ .................... ......................................................................................
.......................................................... ...................................................................................................herein called TRUSTOR,
whose address is............
P.....Q... ........................................ alm--- pr n-gs. ..... 92263
............................_.........-...........
(Number and Street) (City) (State) (Zip Code)
SECURITY PACIFIC NATIONAL BANK,a National Banking Association, herein called Trustee
and.......CITY--OF...PALM..SPRI NGS......a... unici-pal.-Corporation..........................................................
.. .. .......................
............................................. ......................................................................................................herein called BENEFICIARY,
WITNESSETH: That Truster irrevocably GyYRANTS, TRANSFERS and ASSIGNS to TRUSTEE IN
aCCEL :4 The Northeast
5quarterSof thenaodinoe Riverside.................... Count , California, described on
TRUST WITH POWER OF SALE, that pro pert
ns
est quarter of the Southwes� quarter of Section 20,
P g Base and Meridian.
;EPTING therefrom the North 3.75 acres.
ETHER with right-of-way for the purpose of having access to Buyer' s property over existing roads
i roads to be constructed on the Seller's remaining property to the North.
iERVING rights-of--taay for the purpose of having access to the Seller's-remaining-pronerty over
isting roads and roads to be constructed.
JTAINING 6.21 acres more or less.
ZCEL 2: The Northwest quarter of the Southeast quarter of the Southwest quarter of Section 20,
in- sFiip 4 South, Range 5 East, San Bernardino Base and Meridian.
;EPTING therefrom the North 3.75 acres.
ETHER with right-of-way for the purpose of having access to Buyer's property over existing roads
i roads to be constructed on the Seller' s remaining property to the North.
iERVING rights-of-way for the purpose of having access to the Seller' s remaining property over
isting roads and roads to be constructed.
JTAINING 6.22 acres more or less.
TocETx ER WITH the rents, issues, royalties and profits thereof, SUBJECT HOWEVIoi, to the right, power and authority hereinafter given to and
conferred upon Beneficiary to collect and apply such rents, issues, royalties and profits.
For the Purpose of Securing
(1.) Performance of each agreement of Truster contained herein. (2,) Payment of the indebtedness evidenced by one promissory note
of even date herewith in the principal sum of$_4:.Jr. .>.�-5.Q,,9.9........................executed by Truster and payable to Beneficiary or order,and exten-
sions or renewals thereof.
A. To protect the security of this Deed of Trust, Truster agrees:
1. To keep said property in good condition and repair; mot to remove or demolish any building thereon; to complete or restore promptly
and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon; to pay when due all claims for
labor perforated and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improve-
ments to be made thereon; not to commit or permit waste thereof; not to commit, suffer or per-nit any act upon said property ill violation
of law; to cultivate, irrigate, fertilize, fumigate,prune and do all other acts which from the character or use of said property may be reason-
ably necessary, the specific enumerations herein not excluding the general.
2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount col-
lected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as
Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Truster. Such
application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or
Trustee; and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or
proceeding in which Beneficiary or Trustee may appear, or in any action or proceeding instituted by Beneficiary or Trustee to protect or
enforce the security of this Deed of Trust or the obligations secured hereby.
4. To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant
water stock; when due, all incumhrances, charges and liens,with interest,on said property or any part thereof, which appear to be prior or
superior hereto; all costs, fees and expenses of this Trust.
5. Should Truster fail to make any payment or to do any act as in this Subdivision A hereof provided,then Beneficiary or Trustee,but
without obligation so to do and without notice to or demand upon Truster and without releasing Truster from any obligation hereof, may;
make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee-
being authorized to enter upon said property for such purposes;appear in and defend any action or proceeding purporting to affect the security
Hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbranee, charge or lien which in
the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counrel
and pay his reasonable fees.
6. To pay immediately and without demand all suns so expended by Beneficiary or Trustee,with Interest from date of expenditure at the
rate called for in the note secured hereby,or at seven per cent per annum,whichever is greater,and the repayment thereof shall be secured hereby.
0535Gt 3-)]* PS
A
B. It is mutually agreed that:
1. Any award of damages in connec.,.,u with any condemnation for public use of or inju said property or any part thereof is hereby
ass'ggI ed and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect
as abave provided for disposition of proceeds of fire or other insurance. ',
2, 11y accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt pay-
ment when due of all other sums so secured or to declare default for failure so to pay.
3. At any time or from time to time, without liability therefor and without notice upon written request of Beneficiary and presentation
of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured
hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement
thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. Trustee may, but shall be under no
obligation or duty to, appear in or defend any action or proceeding purporting to affect said property or the title thereto, or purporting to
affect the security hereof or the rights or powers of Beneficiary or Trustee.
4, Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said
H note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held
hereunder.The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in
such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of a full Reconveyance,
Trustee may destroy said note and this Deed of Trust.
5. Trustor hereby absolutely assigns to Beneficiary during the continuance of these Trusts, all rents, issues, royalties and profits of the
property affected by this Deed and of any personal property located thereon. Until Trustor shall default in the payment of any indebtedness
secured hereby or in the performance of any agreement hereunder, Trustor shall have the right to collect all such rents, issues, royalties and
profits earned prior to default as they become due and payable, save and excepting rents, issues, royalties and profits arising or accruing by
reason of any oil, gas or mineral lease of said property. If Trustor shall default as aforesaid, Trustor's right to collect any of such moneys
shall cease and Beneficiary shall have the right, without taking possession of the property affected hereby, to collect all rents, issues, loyalties
and profits. Failure or discontinuance of Beneficiary at any time, or from time to time to collect any such moneys shalt not in any manner affect
the subsequent enforcement by Beneficiary of the right, power and authority to collect the same. Nothing contained herein,nor the exercise of
the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assump-
tion of liability under,nor a subordination of the lien or charge of this Deed to,any such tenancy,tease or option.
6. Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary
may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for
sale and of written notice of default and of election to cause to be sold said property,which notice Trustee shalt cause to be filed for record.
Trustee shall be entitled to rely upon the correctness of such notice. Beneficiary also shall deposit with Trustee this Deed, said note and all
documents evidencing expenditures secured hereby.
After the lapse of such time as then may be required by law following the recordation of said notice of default and notice of sale having
been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice
of sale, either as a whole or in separate parcels and in such order as it may determine (but subject to any statutory right of Trustor to direct
the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder for
cash in lawful money of the United States, payable at time of sate. Trustee may postpone sale of all or any portion of said property by pub-
lic announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the
time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any
covenant or warranty, expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this 'trust, including cost of evidence of title in connection with sale,
Trustee shall apply the proceeds of sale to payment of:all sums expended under the terms hereof,not then repaid, with accrued interest at the
rate provided in Paragraph A6;all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto.
9. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this
Trust.Upon such appointment,and without conveyance to the successor trustee,the later shall be vested with all title, powers and duties con-
ferred upon any Trustee herein named or acting hereunder.Each such appointment and substitution shall be made by written instrument executed
by Beneficiary,containing reference to this Deed and its place of reco rd,which,when recorded in the office of the County Recorder of the county
or counties in which the property is situated,shall be conclusive proof of proper appointment of the successor trustee.
8. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,
successors and assigns. The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby, whether or not
named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and
the singular number includes the plural.
9. Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is
not obligated to notify any party.-hereto-of-pending sale under any-other-Dead-of Trust or of-any action or proceeding in which Trustor,
Beneficiary or Trustee shall be a party unless brought by Trustee.
10. Any Trustor who is a married person hereby expressly agrees that recourse may be had against his or her separate property, but without
hereby creating any present lien or charge thereon,for any deficiency after sale of the property hereunder.
11. For any statement regarding the obligations secured hereby, Beneficiary may charge the maximum amount permitted by law at
the time of the request therefor.
The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed
to him at his address hereinbefore set forth.
b • TE OF CALIFORNIA, }SS. DESERT WATER AGENCY, ,a Ruhi ;c_4pncy
COUP�K,Y OF
On beforo me,the under- JY �
�signed, a Not. Public in and for said State, personally appeared2
_ B
known to me
to be the person—whose name subscribed to the within
instrument and acknowledged that executed the same.
WITNESS my band and official seal.
State of . AQ d� SS. On this the day of ( f p
1110,11 19d„l, before me,
m�1 v �?
County of l Ka uzn 2
.. �.D 2 1_l
Rall
the undersigned Notary�P blic,personally appeared �J
OFFICIAL SEAL �— —,
HELEN PATTERSON Personally known to me
°-2 NOTARY PBLIGCALIFORNIFl El proved to me on the basis of satisfactory evidence
4f PRINCIPAL OFFICE IN to be the persons)who executed the within instrument as Z�
RIVERSIDE COUNTY (?j, V JJ I
My Commission Expires Mar. 28, 1986 or on behalf of the corporation therein
named,and#nowled e o me that the corporation executed it.
WITNES and a d off cial seal.
Notar 's Signature
CORPORATE ACKNOWLEDGMENT FORM 7120052
NATIONAL NOTItl�ASSOCIATION•23012 Ventura Blvd,•Woodland HMIs,CA 5
00 NOT DESTROY THIS NOTE: when his note, with Deed of Trust securing same, mus( irrendered to Trustee for cancellation, before
reconv,,*will be made.
STRAIGHT jv f 1 -77
NOTE SECURED BY DEED OF TRUST
1458�650.00 Palm Springs California, March 1 1985
h
ON OR BEFORE February 19 1995 I'efNpe, for value received, I promise to pay to
CITY OF PALM SPRINGS a Municipal Corporation Fri
or order, at
P. 0. Box 786, Palm Springs, California 92263, or order,
the sum of _F�QR UODRED FIFTY HIGH-T—THOUSAND SIX HUNDRED--F—IFTh AND NO/100------------DOLLARS,
with interest from _ February 19, 1985 until paid, at the rate of
Ten (10) percent per annum, payable annually, beginning February 19, 1986.
"j--t
jal l
Should interest not be paid when due it shall thereafter bear like interest as the principal, but in no event shall such unpaid
interest so compounded exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. li
The undersigned promises to pay costs of collection and reasonable attorney's fees whether or not suit is filed in case this note be not
paid in accordance with its terms. Should default be (made in the payment of interest when due, then the whole sum of principal and
interest shall become immediately due and payable.
Principal and interest payable in lawful money,of the United States of America. This note is secured by a Deed of Trust of even
date herewith to SECURITY PACIFIC NATIONAL BANK, a National Banking Association.
I
I
DESERT WATER AGENCY, a Public Agency
titl
BY �5 Gael _{ � sSfiCful --
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053536 4-a2� 25 CASY