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Home My WebLink About01671B - DESERT ASSOCIATES SEWER CALLE EL SEGUNDO AMADO SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN Desert Associates - Sewer refnd THE CITY OF PALM SPRINGS, CALIFORNIA AN agr for Calle E1 Segundo & Amado Rd. DESERT ASSOCIATES, A LIMITED PARTNERSH AGREEMENT #1671B(orig 1-21-81) Res 13669, 1-21-81 SEWER AGREEMENT NO. 5 THIS AGREEMENT made and entered into this ��✓ day of pia, L c� 1 1981 , between the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, hereinafter called the CITY and DESERT ASSOCIATES, A limited partnership, here- inafter called the DEVELOPER. WHEREAS, the DEVELOPER is , at the time of this agreement, the owner of Parcel 2 (Assess. No. 508-042-008) , and Leaseholder of Parcel 1 , (Assess. No. 508-054-002) and Parcel 3, (Assess. No. 508-042-009) , inclusive of Parcel Map No. 15314 de- lineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit "A", and hereby made a part of this agreement; and WHEREAS, the CITY has established a policy for sewer refund agreements and con- tributions for oversize sewer by City Council Resolution No. 9388 dated Jan. 13, 1969, which by reference is hereby made a part of this agreement; and WHEREAS, said sanitary sewers have been dedicated to public use by the DEVELOPER and have been accepted by the CITY; and WHEREAS, the DEVELOPER, has submitted a financial statement of construction costs for said sewer from: 1 . Massey Sand & Rock Co. , dated February 10, 1980 2. Webb Engineering, Inc. , dated December 10, 1980 copies of which are attached hereto, marked Exhibit "B" , and made a part of this agreement; and WHEREAS, the DEVELOPER, in accordance with the before mentioned Council Resolution has requested that the CITY AND THE DEVELOPER enter into a Sewer Refund Agreement to reimburse the DEVELOPER for the cost of off-site sewer which benefits other properties ; and WHEREAS, the CITY has determined that benefit from the construction off-site sewer will accrue to properties connecting to the off-site sewer; and 0 WHEREAS, the CITY has determined that said benefit will be in direct proportion to the frontage of that portion of Section 14, Township 4 South, Range 4 East as shown on Assessors Parcel No. 508-032-002 , 508-042-008, 508-042-009, 508-051-001 , 508-054-002, and 508-055-002. WHEREAS, the CITY has determined, and DEVELOPER agrees , that the total assessable frontage of lots which can connect to the sanitary sewer by use of sewer laterals is 2,666.59 feet; NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is hereby a- greed that developers, owners, or lessees of lots shown on Exhibit "A" abutting said sewer shall pay to the CITY the amount shown herein, plus sewer connection charges in effect at such time, prior to a permit being issued for connection to said sewer. Upon receipt of such payment CITY shall pay to DEVELOPER the amount shown herein. The assessment for said Lot is hereby established: $25.47384 Per Front Foot Assessors Parcel No. Assessment Frontage Cost per Lot 503-032-002 264.00 Ft. $ 6,725 .09 *508-042-008 549.01 Ft. 13,985 .39 *508-042-009 304.91 Ft. 7,767.23 508-051-001 630.00 Ft. 16,048.52 *508-054-002 552.67 Ft. 14,078.63 508-055-002 366.00 Ft. 9,323.42 Total 2,666.59 Ft. $ 67,928.28 *Developer's Property 1 5 IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. Desert A s�s_oc�iate�ted� Partnership � ATTEST CITY OF PALM SPRINGS, CALIFORNIA ATTEST A Municipal Corporation NORP1AN R. KING /��.�BY ,. — ORMAN R. KING, Ci Manager By: '. � Deputy City Clerk CONTENTS APPROVED APPROVED AS TO FORM City Engineer Cit aAttorney Date Date Approved by the City Council by Resolution a STATE OF CALIFORNIA 1 COUNTY OF Los Angeles J SS. On this....a 3.................day of.......... .............19.$0before me the__mdersigned................... a Notary Public in and for said county and state personally appeared-------Barvzy...L.----S1lber-t..... b known to me to be the—.................President, and......BEY_ndrCl M. � .....$1U-1eY'f'...................................known to me to be the.............................. Secretary of..SlI.he L..L...S].11Der:t-ILLSZestnent...CO..� corporation that executed the within instrument and known to me to be the m persons who executed the within instrument on behalf of said corporation, ❑ p g p Desert said corporation being known to me to be one of the partners of..._............. ASSOC1dteS the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. +n WITNESS my)hand and official seal. V] /n A ^ h (Seal)-.... l ..'I{../........fL......� \.. .,. .. .. ....... \ Not,�ry Public in and or said County and State OFFICIAL SEAL MARY R KESWIN w �a NOTARY PUBLIC - CALIFORNIA �'i 'P�,!I_?.+:+•p Y•'� LOS ANGELES COUNTY My eomm. expires Ai'R 12, 1933 lip t, r l� J CONNECTED TO SEWER SYSTEM ASSESSOR I NOT INCLUDED IN NUMBER I T1415 AGREEMENT. ASSESSOR NUMSF-1Z 508- 051-001 A55ESS012 NUMBER 508-055-002 508 -055-003 1 i I I 25i25 &30.00' 30 30 36G.00' I I I 67G.45' 584.65� j 0 LLE- $EW -0 15' XC.P. SEWS - }- E SECzt1ND_O=- p 90. 40 249.92 304.9!' Q0, 4 552.raj' a D �W a N J 0 ASSE5SOR Q m w ASSESSOR ASSESSOR tall Q Q NUMBER. N ti N NUMBE2 NUMBE2 OC 4 508-032-002 ,r 508-042-008 508-04Z-009 O ASSESSOR NUMBE2 508-054-OOZ I � _ Z PARCEL 2 PA12CEL 3 a PARCEL 1 oil QI O Q /V EXHIBIT "A" TO SEWER AGREEMENT NO. _ - SEWE2 CONSTRUCTION REFUND AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE DESERT ASSOCIATES SEWEIZ AGREEMENT NO. DATED 1981 SEWER REFUND AGREEMENT PLAT BEING A PORTION OF: 'RdE N.W. V4 OF SEC710F1 14, T 4 S. � R.4 E.) S.B.B. M. SCALE I ,- 150' APPROVED BY: J, J,SONEJI SHEET DATE DEC. 1980 DRAWN NO. 24cr_9 J.D K. F.B.CHECKED � ' WEBB ENGINEERING, INC. of SHEETS J J.S. F.B. CIVIL ENGINEERS DWG. NO. -77- 127 PALM SPRINGS, CALIFORNIA Pm IS314 I _ i I I I c 'C WORK SHEET FOR SEWER REFUND AGREEMENT NO.—if Construction 15" sewer main (1 ,555 L.F. ) @ $42.00 $ 65,310.00 Manholes (7 ea .) @ $1 ,200.00 8,400.00 Remodel Manhole (1 ea. ) @ $1 ,500.00 1 ,500.00 Water crossings (2 ea. ) @ $445.00 890.00 Subtotal $ 76,100.00 Over-sizing refund - $ 12 ,667.37 Subtotal $ 63,432.63 Engineering and Field layout 4,495.65 TOTAL $ 67,928.28 Total assessable frontage = 2 ,666.59 L.F. Cost/L. F. of Assessable frontage = 67,928.28/2 ,666.59 $ 25.47384/L.F. -^ CBCONTRACT AGRFEM I THIS AGREEMENT, made and entered intothis —1 nth day of FebrUar , 19—M. by and between TURPIN-WHITEBOOK CORP..400 E.Tahquitz-McCallum, Palm Springs, California 92262,hereinafter called the"CONTRACTOR"and Massey Sand & Rock Co. Construction Division hereinafter called the "SUBCONTRACTOR." in respect of certain work with CONTRACTOR will perform, or has agreed to perform, for _ Desert Associates hereinafter called the "OWNER." The work to be performed under this Sub-contract Agreement shall be satisfactory to CONTRACTOR, OWNER and OWNER'S architect, and shall be pursuant to the prime contract, plans, specifications,general and special conditions,and addenda(all of which said docu- ments are hereinafter jointly referred to as the "Contract Documents") prepared for, or in behalf of, the project which is described as follows: Sheraton Plaza Hotel Palm Springs 400 E. Tahquitz-McCallum Way, Palm Spi.ings, Ca. 92262 WITNESSETH. that for and on account of the mutual covenants and agreements contained herein, the CONTRACTOR and the SUBCONTRACTOR, �° for the considerations hereinafter named, do contract and agree as follows: It 1. SUBCONTRACTOR hereby agrees to furnish all labor, materials, supplies and equipment, u+aWding-p4ln, c and licenses aa2-the-payrw_re4.of-a!!. necaccaa, tees, to perform completely all of the following work included in the Contract Documents, in conformity with the standards set forth in the Contract Documents. and all applicable laws, codes and regulations in all respects as the CONTRACTOR is required to do and at the prices hereinafter set forth,unless specifically excluded,namely: Furnish and install all labor and material necessary to complete the work shown on Off-Site Sewer System plans prepared by Webb Engineering Co. and approved by the City of Palm Springs, dated ,10/24/_Z '. This contract is a fixed price contract and the items listea-lelow are for information purposes only: Item #29 15" VCP -1,555 LY @ $ 42 .00 $ 65 ,310r00 Item #30 8" VCP Main & Laterals 730 LF @ $ 27.00 19, 710 ,00 Item #31 6" VCP Lateral 40 LF @ $ 26 .00 1,040 .00 Item #32 Manholes - 9 EA @ $1, 200 .00 10, 800 .00 Item #33 Remodel M.H. -1 EA @ $1, 500 .00 1,500 .00 Item #34 Cleanouts 3 EA. @ $ 250 .00 750 , 00 Item #35 Water Crossings �2 EA @ $ 445 .00 890 �00 100 , 000 . 00 See attached Rider. Subcontract Amount: $100,000 .00 2. SUBCONTRACTOR hereby agrees that the following alternate unit prices will prevail on any increases to or decreases from the amount of work to be performed under Paragraph 1 above that may be requested in writing by the CONTRACTOR as hereinafter provided: ITEM QUANTITY UNIT PRICE TOTAL EXH-1B-I T This Subcontract Agreement consists of all information shown hereon (page 1) as well as the terms and cou(nlons set forth on pages 2 through 5 inclusive,which are attached hereto and made a part hereof as fully as If such terms and conditions were set forth in full preceding the 5ignature of f is parties This Subcontract Agreement supersedes all prior negotiations, proposals and understandings, it any,of the parties herein,and constitutes the entire understanding of the parties with reference to the work to be performed. This Subcontract Agreement shall not be modified except in writing signed by the parties. It SUBCONTRACTOR is a sole proprietor or a partnership, this Subcontract Agreement most be signed by the owner or by one of the partners and the signature notarized. If SUBCONTRACTOR is a corporation, this Subcontract Agreement must be signed on behalf of the corporation by an officer of the corporation having authority to sign. CONTRACTOR TURPIN-INhIITEBOOK CORP. SUBCONTRACTOR: Massey Sand & Rock Co. California Contractor's License No 333B48 271769 California Contractor's License No, ( / GUY R RNMSEY John No Conoval.off r Typed Name Ig at r� Typed Name' Signal ris Project Director / V.P. §x Cbief Engineer / Till: -t Date Title " Dale Page 1 of 5 Pages Job Account No. 210-J03 .• rt A!19 WHile Cr)r4TRACIORSCOP, I . )NlRACTORSCOPY PINh.JOBCOPY GOLDFNROD OWNERSCOPY