HomeMy WebLinkAbout01663 - FAIRWAY VILLAS STORM WATER CHANNEL DRAINAGE TRACT 10528 STORM WATE40RA I NAGE CHANNEL REFUND /.0v irway Villas - Oonstr Aeimb
U L\ agr re Storm Water Drainage
BETWEEN THE CITY OF PALM SPRINGS ANC Channel (Tr 10528)
NU AGREEMENT #1633
FAIRWAY VILLAS Res 13632, 12-17-80
THIS AGREEMENT MADE AND ENTERED INTO THIS DAY OF 1980 ,
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BETWEEN THE CITY OF PALM SPRINGS , CALIFORNIA , A MUNICIPAL CORPORATION ,
HEREINAFTER CALLED THE CITY AND FAIRWAY VILLAS , HEREINAFTER CALLED THE
DEVELOPER .
WHEREAS , THE DEVELOPER IN , AT THE TIME OF THIS AGREEMENT , THE OWNER OF
LOT I OF TRACT No . 10528 DELINEATED ON THE PLAT "STORM WATER DRAINAGE
CHANNEL REFUND AGREEMENT" ATTACHED HERETO , MARKED EXHIBIT °AID , AND
HEREBY MADE A PART OF THIS AGREEMENT ; AND
WHEREAS , THE CITY HAS RECOGNIZED A NEED FOR A POLICY FOR STORM WATER
DRAINAGE AGREEMENTS AND CONTRIBUTIONS FOR DRAINAGE FACILITIES ; AND
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WHEREAS , SAID STORM WATER DRAINAGE CHANNEL HAS BEEN DEDICATED TO PUBLIC
USE BY THE DEVELOPER , AND HAS BEEN ACCEPTED BY THE CITY ; AND
WHEREAS , THE DEVELOPER HAS SUBMITTED A FINANCIAL STATEMENT OF CONSTRUCTION
COSTS FOR SAID STORM WATER DRAINAGE CHANNEL FROM :
J .H . THOMPSON CORP . DATED AUG . 13 ,1979 DEC .14,1979 �r
AND DEc . 31 , 1979 AND JAN .21 , 1980
ISRAEL BORREGO DATED SEPT -18 ,'1979 AND JAN .6 ,1979
FRED ELKER & CARSON SUPPLY DATED AUG .8 , 1979
J . B. JOHNSON WATER TRUCK DATED SEPT . li `1979
CHACON WATER TRUCK DATED SEPT .40 979 AND SEPT .18 ,1979
SHAH—PAR WATER TRUCK SERVICE DATED OCT . 5 ,1979
PHILIP ABRAMS CONSULTING ENGINEER DATED FEB .6 ,1979 , MAR .16 , 1979
APRIL 5 , 11979 AND MAY 7 , 1979
VAL—CO CONSTRUCTION , INC . DATED OCT . 22 , 1979
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VAL—CO CONSTRUCTION , INC . DATED MAY 5 , 3979 r'
KWL ASSOCIATES DATED JULY 5 , 1979 , Auc . 9 , 1979 , OCT - 10 ,1979 , DEc .4, 1979 ,
FEB . 8 ,1980 AND APR . 15 ,1980
Copies of which are on file in the office of the City Engineer; and
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AFTER RECORDING, RETURN TO:
City Clerk
P.O. Box 1786
Palm Springs, Ca. 92263
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sj RECOWD FOR PECORD
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d� ,At Regve,r el
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book 1981,�ags r���,� -
JAN 15 1981
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WHEREAS , THE DEVELOPER , HAS REQUESTED THAT THE CITY AND THE DEVELOPER
t1y
) ENTER INTO A STORM WATER DRAINAGE CHANNEL REFUND AGREEMENT To REIMBURSE
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THE DEVELOPER FOR THE COST OF OFFSITE DRAINAGE WHICH BENEFITS OTHER
PROPERTIES ; AND
WHEREAS , THE CITY HAS DETERMINED THAT BENEFIT FROM THE CONSTRUCTION OF
OFFSITE DRAINAGE WILL ACCRUE TO PROPERTIES DRAINING TO THE OFFSITE STORM
WATER DRAINAGE CHANNEL ; AND THE AREAS OF ASSESSOR ' S LOT NO 'S
680-180-001 - TRACT 10528
680-180-002 -
680-180-004
680-170-006
680-170-013
WHEREAS , THE CITY HAS DETERMINED , AND THE DEVELOPER AGREES , THAT THE
TOTAL ASSESSABLE AREAS OF PROPERTIES WHICH CAN DRAIN TO THE STORM WATER
DRAINAGE CHANNEL IS 196.1 ACRES ;
NOW, THEREFORE , THIS AGREEMENT WITNESSETH THAT FOR AND IN CONSIDERATION
OF THE MUTUAL COVENENTS INDICATED BETWEENiTHE CITY AND THE DEVELOPER ,
IT IS HEREBY AGREED THAT DEVELOPERS , OWNERS OR LESSEES OF PROPERTIES
SHOWN ON EXIBIT "A" SHALL PAY TO THE CITY THE AMOUNT SHOWN HEREIN , PRIOR
TO A PERMIT BEING ISSUED FOR ANY DEVELOPMENT OF SAID PROPERTIES . UPON
RECEIPT OF SUCH PAYMENT , THE CITY SHALL PAY TO THE DEVELOPER THE AMOUNT
SHOWN HEREIN .
THE ASSESSMENT FOR SAID PROPERTIES IS HEREBY ESTABLISHED :$616.8198368 PER AD .
ASSESSOR'S LOT NO. ACREAGE COST
680-180-001 * 9.4 $$ 55798.10646
680-180-002 '`h 8.4 5 ,181 .28663
680-180-004 82.6 50 ,949.31852
680-170-006 58.3 35 ,960.59649
680-170-013 37.4 23 ,069.06190
* NOT ELIGIBLE 196.1 $$1205958.370
`*lt^ is understood and agreed between Fairway Villas and the City of Palm Springs ,
that Parcel 680-180-002 is a party to this agreement and will be required by the
City to pay to Fairway Villas, fifty percent of the total cost, or $60,479.19, prior
to a permit being issued by the City for any development of said property. Disbursement
Of' the' fUnds under the Refund Agreement will then be made by the City with fifty percent
Paid to Parcel 680-180-001 and fifty percent to Parcel 680-180-002.
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GJ IN WITNESS WHEREOF , T .-_ CITY AND THE DEVELOPER HEREUNTO CAUSED
CID
THESE PRESENTS TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE MENTIONED .
ATTEST: FAIRWAYdI�LAS
M1 By:
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ATTEST : CITY OF PALM SPRINGS , CALIFORNIA
By
' DEPUTY CITY CLERK CI TY✓ MANAGER f'
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SWORN TO AND SUBSCRIBED BEFORE ME , UNDER MY OFFICIAL HAND AND SEAL OF
OFFICE , ON THIS THE DAY OF , 1980.
NOTARY PUBLIC IN AND FOR
COUNTY , CALIF .
MY COMMISSION EXPIRES
APPROVED AS TO FORM
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CITYiF TTORNEY ^
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ATTEST :
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RO ERfL& OTCTTT M—cCURDY �7
R.R. WILUUX
TO 1„O CA 10-111,
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TITLE INCE
STATE OF CALIFORNIA AND TRUSTSURAN
` COUNTY OF LOS ANGELES } SS. "+Kos minx•
On Se telnber 16 1980
before me, the undersigned, a Notary public in and for said State, personally appeared
¢_ ARTH[TR L. VALDEZ & WAICPER V. STORM
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W In1own to me
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C 1 a to be of of the partners of the partnership
that executed the within instrument,and acknowledged to me �n%7fi:UIUl:MHIIUIIO:I:;11;"IIR:F:E?3t::="s"IL.64f ut,"I
OFFICIAL SEAL
g "e Shirley A. Schulte
that such partnership executed the same. �.F% Jar\:
WITNESS my hand and official seal. U. NOTARY PUBLIC - CALIFORNIA
' ? rFa LOS ANGELES COUNTY -
�� a My Commission Expires Nov. 2, 1981
a Signature IIFIilINkU171Ip11U1t1YUIId:SlatlllliallliY:U1:I:4i4J
(This area for otfldal notarial seal)
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ASSESSORS /✓0. I °o
690 -170 - 013
W 37. 4 lJCREs I `�`
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Q ASSESSORS NO,
660-170 -006
gSSESSOR S NO.
\ V 680-/80-004
82.6 AcaEs
TRtI CT NO.
NOT A PA PT Of
I L �y � � TF//S .4GREEiY/ENT I ,W
I '\\ A55ESSOR.? NO. ASSESSORS NO.
U 680 -/BO-00/ 690•/190-002 Qh,
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PER C.PS.FiLEiVo78-2-
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DR'RTNAGE CHANNEL = PALM SPR I Illy
FAIRWAY VILLAS
Ga NAME INVOICE/DATE AMOUNT TOTAL
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KWL ASSOCIATES 8/9/'79 $b 1 ,281 .20
37153 FERBER DR . 7/5/79 2 ,409.44
RANCHO MIRAGE , CA . 92270 10/10/79 662, 34
12/4/79 243.96
2/8/80 462.00
4/15/80 840.00
'i 5 ,898.94-
J .H . THOMPSON CORP. 8/13/79 5191764.00
P .O. Box 17'17 12/31/79 31 ,846.51
INGLEWOOD , CA - 90308 1/21/80 2 ,000.00
12/14/79 300.00
i$53 ,910.51
ISRAEL BORREGO 9/18/79 $151240.00
34-272 DATE PALM DR . 1/6 /80 1 ,700.00
PALM SPRINGS CA . 92262
,�16 ,940.0C}
FRED ELKER & CARSON SUPPLY 8/8/79 1$121036.58
P .O. Box 748
STANTON , CALIF . 90680 <, 121036.58
J . B. JOHNSON WATER TRUCK 9/1/79 i 1 ,040.00
8315 LINCOLN ST .
LEMON GROVE , CA . 92045 i$ 1 ,040.00
CHACON WATER TRUCK 9/4/79 i 11995.00
45-618 PANORAMA DR . 9/18/79 570.00
PALM DESERT , CA . 92260
5� 2 ,565.00
SHAH—PAR WATER TRUCK SERVICE 10/5/79 160.00
i$ 160.00
PHILIP ABRAMS 2/6/79 i6 414.34
431 S . PALM CANYON DR, #100 3/16/79 1 ,240.50
PALM SPRINGS , CALIF . 92262 5/5/79 138.00
5/7/79 38. 50
0 1 ,831 . 34
VAL—CO CONSTRUCTION , INC. 10/22/79 1 ,500.00
24050 MADISON ST . STE. 109 'il 15500.00
TORRANCE , CALIF . 90505
VAL—CO CONSTRUCTION , INC. 5/5/80 `G$141194.00
24050 MADISON ST. STE . 109 10,882.00
TORRANCE , CALIF . 90505 'jp25 ,076.00
1r120 95B 370
TO
VALrCO LNTERPRISES, INC.
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A) 24050 Madison St. , Ste. 109� �f Torrance, California, 90505
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July 21, 1980 JUL 24 1980
Uly A71()ni4ey
Mr. William Adams
City Attorney
City of Palm Springs
P. 0. Box 1786
Palm Springs, Ca. , 92262
Dear Mr. Adams:
Pursuant to our conversation regarding the reimbursement
agreement for the drainage channel constructed by Fairway
Villas, please be advised that the agreement should provide
that 500 of the cost of the drainage channel should be paid
by the owners of the 8.4 acres designated as Assessors No.
680-180-002 prior to a permit being issued for any develop-
ment of said property. This is in accordance with the
agreement and understanding reached with McCurdy and Wilcox
and Mr. Jim Andrews of your lhgineering Department at the time
we were both processing our tract maps.
Further, please notify the Engineering Building and
Finance Departments of the City as to the full nature of the
reimbursement agreement.
Your earliest attention to this matter will be greatly
appreciated.
Yours truly,
VAL-CO ENTERPRIS�C.
3UR L. VAhDEZ
ALV:dw
74)July 12 , 1979 �
LO Mr. Jim Andrews
V) Engineering Dept.
CCO Citv of Palm 'Snrings
3200 Tahquitz McCallum Wav
Palm Springs . Ca 92262
Dear Mr. Andrews: k
Please be advised that Fairwav Villas (Tract #10528) and
The Courts (Tract #11000) will construct the drainage channel
the City has designed and is now requiring as a condition of
occupancy and a condition of tract map approval for the
respective tracts.
It is agreed between Fairway Villas and The Courts, that they
will equally pay the cost of constructing the channel.
Fairway Villas has posted a cash bond in the amount of
$59, 000 and it is understood that prior to the approval of
the final tract map of Tract 11000, that the City will require
The Courts to post a bond for their share of the cost to
construct the channel.
Since the City requires that the :channel be constructed
immediately, and since the final tract map has not been
approved for Tract 11000, it is not possible to record a
construction loan for that tract at this time. Consequently,
they are not in a position to pay their share of the cost
immediately. Fairway Villas will commence construction of
the channel and will pay the costs until such time as The "
Courts records their construction loan. 'At that time, it
is agreed that The Courts will reimburse Fairway Villas for
fifty percent of the cost, together with interest thereon,
and then continue to pay their share, until the work is
completed. If the work is completed and the bills paid
before a construction loan is recorded, Tract 11000 will
execute a note secured by a trust deed on Tract 11000 which
will be subordinate to a construction loan, to secure pay-
ment of their 50 percent. Said payment together with interest
thereon will be due within ten (10) days after recording of
the construction loan. Until such time as Fairway Villas
is reimbursed by The Courts, the city will not release The
Courts ' bond nor issue a building permit for sail]. trust.
It is expressly understood that the City will execute a
reimbursement agreement in favor of Fairway Villas, and The
Courts, which will provide for the prorates reimbursement
of the total cost of the drainage channel as property in the
prainage area develops. The prorate ' s share shall be based
on the total acreage of the drainage area (approximately
150 acres) as compared to the acreage comprising a given
development.
We trust that this letter will 'be sufficient to satisfy
your requirements for approval of the final tract map of
Tract 11000. If you have anv questions,, please contact me.
Sincerely.
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FAIR VILLAS
ARTII L. VALDEZ
THE COUIgS__-
ROGER �cCURDY _ R. R WILCOX
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dO'._� SHEET 0
CONMUCTION COSTS
us J.H. TOMPSON MP. . - $ 53,910.51
Q? ISRAEL PORREGO - - - - - - - 16,940.00
iRED ELKER & CARSON SUPPLY - - - 12,036.58
J.B. JOHNSON WATER TRUCK - - - - 1 ,040.00
CHACON WATER TRUCK - - - - - 2,565.00
SHAH PAR WATER TRUCK SERVICE - - - - 160.00
VAL CC 047117 1ON INC. - - - - - 26 ,576.00
TOTAL CONSTRUCTION COSTS - - - - - $ 113,228.09
ENGINEER] Nk COSTS
PIILIP 1BRAMS CONSULTING ENGINEERING - - $ 1 ,831 .34
KWL ASSOCIATES - - - - - - 5,898.94
TOTAL ENGINEERING COSTS - - - - - - - $ 7,730.28
TOTAL COSTS - - - 120,958.37
TOTAL ASSESSABLE AREA = 196.1 ACRES
TOTAL COSTS DIVIDED BY TOTAL ASSESSABLE AREA EQUALS COST PER ACRE
120,958.37 divided by 196.1 acres = $ 616.8198368
ASSESSORS PARCEL NUMBER PARCEL AREA PARCEL COST
680-180-001 9.4 Acres $ 5,798. 1-1 - _-
80-180-002 8.4 5,181 .29
680-180-004 82.6 50,949.32
680-170-006 58.3 35,960.59
680-170-013 37.4 23,069.06
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TOTAL 196.1 Acres $120,958.37
RESOLUTION NO. 13632
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CJJ CALIFORNIA, AUTHORIZING AND APPROVING REIMBURSE-
MENT FOR CONSTRUCTION OF OFF-SITE IMPROVEMENTS.
WHEREAS, by Resolution 13487 of the City of Palm Springs , adopted on
August 6, 1980, a policy was established for the formation of an agree-
ment to reimbursement of costs for installation of all types of off-site
improvements ; and
WHEREAS Fairway Villas has caused to be constructed a storm water drain-
age channel and other appurtenances at its own cost; and
WHEREAS the City has determined that benefits from the construction of
off-site improvements will accrue to properties draining to the off-site
improvement; and
WHEREAS Agreement provides for collection by the City from persons
benefitting from this improvement and reimbursement from such amounts
to Fairway Villas and The Courts ,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm
Springs does hereby authorize and approve said agreement.
ADOPTED this 17th day of DPcPmbPr 1980.
AYES: Councilmembers Beirich, Ortner, Rose and Mayor pro tem Field
NOES : None
ABSENT: Mayor Doyle
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
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Deputy City Clerk City Manager
REVIEWED & APPROVE V
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(Individual) TITLE INSURANCE
Qro AND TRUST
STATE OF CALIF NIA ATICOR COMPANY
SS.
COU TY OFF
T On befor,, me, the on n a No�sign ry P Public in and for said l State, personally appeared l
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F to be the perso�,g�-' whose name—, subsftibed
0 to the within instrument and acknowledged that
executed the same.�) _ ►tllflipfllNlllllliiaf111111ttl;1lE3!!!!tlp!1l CEI0.L47;1
WITNES my full n official seal ( �) OFFICIAL SEAL
r Shirley A. SChUlteIt
$ignatnre �� / m NOTARY PUBLIC -CALIPORNIA
,n H,eY o LOS ANGELES COUNTY
My Commission Expires Nov. 2, 1981
Name (Typed or Printed) Ihlllt4kYElYiitllir9YliiIEC6dIYi39CS7.11tid0dEidd.liGti0S:C0l
(This area for official notarial roan