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HomeMy WebLinkAbout01671A - DESERT ASSOCIATES SEWER ANDREAS SEWER CONSTRUCTION REFUND AGREEMENT BETDesert Associates - Sewer re- fund Agr for Andreas Road THE CITY OF PALM, SPRINGS , CALIFORNIA AGREEMENT #1671-A (Orig1-21-81' DESERT ASSOCIATES, A LIMITED PARTNERS Res 13669, 1-21-81 SE14ER AGREEMENT NO. /67/-1-1 THIS AGREEMENT made and entered into this C�) y�— day d 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 lease-holder of Parcel 1 (Assess . No. 508-054-002) and Parcel 3 (Assess . No . 508-042-009) of Parcel Map No. 15314 delineated 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 henefit from the construction off-site sewer will accrue to properties connecting to the off-site sewer; and 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 shown as Assessors Parcel No. 508-042-006, 508-042-009 and 508-054-002 . 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 996.67 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 shownherein. The assessment for said Parcel is hereby established : $19.2480 Per Front Foot Assessors Parcel No. Assessment Frontage Cost per Parcel 508-042-006 249.28 Ft. $ 4,798.14 *508-042-009 249.13 Ft. 4,795 .26 *508-054-002 498.26 Ft. 9,590.51 Total 996 .67 Ft. $ 19,183.91 * Developer' s Property s � IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to be executed the day and year first above mentioned. Desert Associate A Limited Partnership ATTEST By: By". �71 ATTEST CITY OF PALM SPRINGS, CALIFORNIA A Municipal Corporation NORMAN R. KING r NORP4AN R. KINGS City Manager By' Ie`p t City Clerk CONTENTS APPROVED APPROVED AS TO FORM � � �C� ine? City Engineer City ttorney >r t• 8 . 81 Date Date Approved by the City Council by Resolution STATE OF CALIFORNIA ' COUNTY OF Lp5 Angeles SS. .ii On this.....23�.................day of......... 2r.............1930before me ................., a Notary Public in and for said _...._t11e,_tmcl�rs ign�d county and state personally appeared_----$c3?;vay...L_-..Sa.lhert-. l known to me to be the--------------------President, and...... -rriaYCl P!I. .....$l }IPYt.._..............................known to me to be the........................... Secretary of..SiAhert..&---Sil 7ert_1=ES.fZ:E11t._CO—In the corporation that executed the within instrument and known to me to be,the persons who executed the within instrument on behalf of said corporation, '- said corporation being known to me to be one of the partners ofSer L' ' Associa'teS the partnership that executed the within instrument, .._...._....._.....edg p P and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. -' my) d and olficia]seal S • / ' ea11� _l....... _ :n...:..:..,..h.....-----.5.......::...._E--�-=::: --------:........----...------ Notary Public in and for said County and Slate ° OFFICIAL SEAL MARY R KE' NOTARY PUBLIC— CALIF0RFj,,, LOS FlNGELES COUNTY ` My Comm, expires FlPit 12, 1983 WORK SHEET FOR SEWER AGREEMENT NO. /I ("r) Construction 8" Sewer main (580 L.F. ) @ $27.00 $ 15 ,660.00 Manholes (2 ea. ) @ $1 ,200.00 2,400.00 Sub Total $ 18,060.00 Engineering and Field 1 ,123.91 TOTAL $ 19,183.91 Total Assessable Frontage = 996.67 L. F. Cost/L.F. of Assess . Frontage = $ 19,183.91/996.67 $ 19.2480/L.F. I Q ti 1 ^ 15" VC.P SEWER �'o° j 15" V-c.P. SEWE2 — -- a CAILLE $ -L SEGUNDO V 3 ASSESSOR mcr NUMBER `� � � v 508-042-009 N 4 ASSESSOR NUMBER 50H- 054- 0o2 PARCEL 3 C ' PARCEL 1 9 SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN � THE CITY OF PALM SPIZIN6S AND TKE DESERT ASSOCIATES h N °D SEWEP AGREEMENT N0. i y '2 ,' v DATED 1991 ASSESSOR NUMBER ` w 508-042-006 EXN i B 1T A TO SEWER AGREEMENT ND. � � h V Q N I c SEWER REFUND AGREEMENT PLAT 40' 40 BEING A PORTION OF THE N.W. Y4 OF SECTION 14, T. 4 S., R. 4 E.j 5.B.5..�_ M. .o ,o SCALE 1•,_ 10O• APPROVED BY: J.J.50MEJ1 e d- ( SHEET - _ '�//` DATE DEC. 1ppD O CALLS ,� Q ENCEL,IA DRAWN JU NO. 00�i/ J D.K. AlJ CHECKEDJ J 5 � WEBB ENGINEERING, INC. °F I SHEETS ,`/ F.B. 9 CIVIL ENGINEERS DWG. No. W.D. 77- IZ7 PALM SPRINGS, CALIFORNIA y THIS AGREEMENT, made and entered 40his —_LQt _ day of Fal-ir is 19--$0., by and between TURPIN-WHITEBOOY, CORP.400 E Tehqunz-McCallum. Palm Springs, California 92262,heremaller 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 Agrcomenl shall be snhslactory to CONTRACTOR, OWNER end D'a NER'S archilect. and shall be pursuant to the prime conlraci, plans, specifications,genraal and special roudilibns, and addenda(all of which said docu- rnents are hereinaller jointly referred to as the "Contract Documents") prepared tor, of In behalf of, the prop•cl which Is described as follows: Sheraton Plaza Hotel Palm Springs 400 E. Tahquitz-McCallum Way, Palm Springs , Ca . 92262 WITNESSETH. that for and on account of the mutual covenants and agreements contained herein, the CONTRACTOR and the SUBCONTRACTOR, yr• for the considerations hereinafter named, do contract and agree as follows: `W 1. SUBCONTRACTOR hereby agrees to furnish all labor, materials, supplies and equipment, iz"1dinq--pi,r.ndq and licenses aodfn (-all, wa1eci;,9, lees, 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/A'. This contract is a fixed price contract and the items li.ste e ow are for information purposes only: Item #29 15" VCP -1,555 LF @ $ 42 .00 $ 65 , 310 . 00 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 pro.ided: ITEM QUANTITY UNIT PRICE TOTAL If �r EXH �IBIT This Subcontract Agreement consists of all information shown hereon (page 1) as well as the terms and conditions set forth on pages 2 through 5 inclusive,which are attached hereto and made a,pad hereof as fully as if such terms and conditions were set forth in full preceding the signature of the parties. This Subcontract Agreement supersedes all prior negotiations, proposals and understandings, if any,of the parties hereto, 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. If SUBCONTRACTOR is a sole proprietor or a partnership, this Subcontract Agreement musl be signed by the owner or by one of the partners rand 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-V✓HIT EBOOK CORP. SUBCONTRACTOR: Massey Sand & Rock Co.-r L _ California Contractors License No. 333848 2 71� California Contr:;u[or's License Iqo GUY R RAMSEY �jy� John N. Conovaloff / Typed Name ig at e Typed Name Signal rr. / Pro.iect Director � �i> ,/�Y) V. P. & Chir,,f F,ncri.neer 3111 � fi/ CIVIL ENGINEERING • 600 E.TAHQUITZ-MCCALLUM WAY SUITE D PALM SPRINGS, CALIFORNIA 92262 WEBB ENBINEEBINUNC. TELEPHONE 774.325-22425-2245 December 10, 1980 Mr. Guy Ramsey Turpin-Whitebook 400 E. Tahquitz-McCallum Way Palm Springs, Ca. 92262 Dear Guy, He wish to verify that the cost of design engineering and survey construction layout for 8 inch sanitary sewer main in Andreas Road (built for Palm Springs Sheraton Hotel ) was for the amount of $1 ,123.91 . If you have any questions , please contact me. Sincerely, WEBB ENGINEERING, INC. Jrle Soneji Vice President JS:kw I certify that the above amount of $1 ,123.91 has been paid to Webb Engineering, Inc. for services rendered. CC� 9 . EXHIBIT