The URL can be used to link to this page

Home My WebLink About01633 - FAIRWAY VILLAS STORM WATER DRAINAGE CHANNEL REFUND TRACT 10528 STORM WATLKD�A I NAGE CHANNEL REFUND i 4 FaiMAY Villas - Constr Reimb agr re Storm Water Drainage BETWEEN THE CITY OF 'PALM SPRINGS AND Channel (Tr 10528) AGREEMENT #1633 (Orig 12-17-8C CMG FA fZWAY V I LEAS Res 13632, 12-17-80 011 C2THIS AGRLEMLNT MADE AND ENTERED INTO THIS DAY 0F: KlrYt47k1Y9� 1980 , F 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 LXHIBIT , "A° , 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 F r 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 . 31i`1979 AND JAN .21 , 1980 ISRAEL BORREGO DATED SEPT . 18 ,1979 AND JAN .6 ,1979 FRED ELKER & CARSON SUPPLY DATED AUG .811979 J . B. JOHNSON WATER TRUCK DATED SEPT . '111979 CHACON WATER TRUCK DATED SEPT .411979 AND SEPT .18 ,l979 SHAH—PAR WATER TRUCK SERVICE DATED OCT . 511979 PHILIP ABRAMS CONSULTING ENGINEER DATED FEB .6 ,1979 , MAR .16151979 APRIL 5 , 1979 AND MAY 7 , 1979 VAL—CO CONSTRUCTION , INC. DATED OCT . 22 ,1979 VAL—CO CONSTRUCTION , INC. DATED MAY 5 , 1979 r� KWL ASSOCIATES DATED JULY 5 , 1979 , AUG .9 , 1979 , OCT .100 979 , DEC .4, '1979 , FEB . 8 ,1980 AND APR .15 ,1980 Copies of which are on file in the office of the City Engineer; and 1 r r 17 a 3 17 a 4 WHEREAS , THE DEVELOPER, HAS REQUESTED THAT THE CITY AND THE DEVELOPER ENTER INTO A STORM WATER DRAINAGE CHANNEL REFUND AGREEMENT TO REIMBURSE GO 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 I'D THE OFFSITE STORM WATER DRAINAGE CHANNEL ; AND THE AREAS OF ASSESSOR ' S LOT NO ' S 680-1180-001 - TRACT 10528 680--1180-002 - 680-180-004 680-1170-006 680-170-013 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 BETWEENI-THE CITY AND THE DEVELOPER , IT IS HEREBY AGREED THAT DEVELOPERS , OWNERS OR LESSEES OF PROPERTIES SHOWN 0N _ExiBI_T /°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 :a616R8198368_PER AGE, ASSESSOR ' S LOT NO. ACREAGE COST 680-180--001 * 9.4 5 >798.10646 680-180-002 8.4- 5 , 181 .28663 680-180-004 82.6 50794-9. 31852 680-170-006 58. 3 35,960.59649 680-170-013 37.4- 23 ,069.06190 * NOT ELIGIBLE 196.1 ; 1201958• 370 %`It 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. 4 � '� � ccs : IN, WITNESS WHEP,EOF , THE CITY AND THE DEVELOPER HAVE HEREUNTO CAUSED THESE PRESENTS TO BE EXECUTED THE DAY AND YEAR FIRST ABOVE MENTIONED . ATTEST : FAIRWAY V LLfS BY: u BY : ATTEST : CITY OF PALM SPRINGS , CALIFORNIA D.L P`UTY CITY CLERK CITY MANAGER 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 CI TY" ATTORNEY I ATTEST: _l ` R T Mc UR Y 4 Z' -- , R.R. WILCOX �1 17 a 5 r i- _'ership) ILLY TIT E INSURANCE ,TATE OF CALIFORNIA ) J AND TRUST COUNTY OF LOS ANGELES 1 SS. ATKO raanAxr On Septanber 16, 1980 before me, the undersigned, a Notary Public in and for said State, personally appeared ARTHUR L. VALDEZ & WALTER V. STORM G9 w known to me to be all of the partners of the partnership pl7lfiAlltiYlllllli111iI1111711111t1Ellillllltlf Y.iiil'Sfdl that executed the within instrument,and acknowledged to me - m that such partnership executed the same. ^I / e OFFICIAL SEAL , � Shirley A. Schulte WITNESS my hand and official seal. NOTARY PUBLIC - CALIFORNIA C ~ � LOS ANGELES COUNTY Z My Commission Expires Nov. 2, 1981 Signature ,.G(iGC 114�:,:.�;;a:: • JL(!).1f:!1:iCliil (This aM for official notarial snl)" TO Aq CA (Iq3) (Individual) �TITLE INSURANCE AND TRUST STATE OF CALIF�A ll � I SS ATICOR COMPANY COUNTY 0 On - �/a +� 6 before e, the un rsi ned, Notta/ry Public in and for said State, personally appeared w2L le. C w 1�i I known to me t t to be the person,L whose name a-- subscribed to the within instrument d acknowledged tha INNIIIIIIIY{IIIIIIIIYIMIIIIt!71,:1's. r;;e:•;,;•,SS2I�;;:• executed the same. // OFFICIAL.SEAL WITNESS my hsand official seal. ShiflCyA. Schulte NOTARY PUBLIC - CALIFORNIA Signature �G �Y '—+il-/�+�C 14p: LOS ANGELES COUNTY MY'Commiission Expires Nov. 2, 1981 IlflhlllURIIIfI111111F111ilglallfitllillfillfliidi3ili , Name (Typed or Printed) (This area fur oM.W notarial map J e DRAINAGE CHANNEL = PALM SPRINGS �. FAIRWAY VILLAS :.a NAML INVOICE/DATE AMOUNT TOTAL KWL ASSOCIATES 8/9/'79 1 ,281 .20 3'7153 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 ,d; 5 ,898 911. J .H. THOMPSON CORP . 8/13/79 '0 9 ,'764.00 P .O. Box 1717 12/31/79 317846.51 INGLEWOOD , CA- 90308 1/21/80 2 ,000.00 12/14/'79 300.00 `i,53 ,910.51 ISRAEL BORREGO 9/18/79 $15 ,240.00 34-272 DATE PALM DR . 1/6 /80 1 ,700.00 PALM SPRINGS , CA . 92262 � 16 ,940.00 FRED ELKER G CARSON SUPPLY 8/8/79 j,12 ,036.58 P .O . Box 748 STANTON , CALIF . 90680 $12 ,036.58 J .B. JOHNSON WATER TRUCK 9/1/79 f? 1 ,040.00 8315 LINCOLN ST , LEMON GROVE , CA , 92045 � 1 ,040.00 CHACON WATER TRUCK 9/4/79 � 11995-00 45-618 PANORAMA DR . 9/18/79 570.00 PALM DESERT CA . 92260 — 2 ,565.00 SHAH—PAR WATER TRUCK SERVICE 10/5/79 160.00 160.00 PHILIP ABRAMS 2/6/79i 414.34 431 S. PALM CANYON DR, 7F1O0 3/16/79 1 ,240.50 PALM SPRINGS , CALIF . 92262 5/5/79 138.00 5/7/79 38.50 1 ,831 .34 VAL—CO CONSTRUCTION , INC. 10/22/79 �y 1 ,500.00 24050 MADISON ST . STE . 109 ,� 1 500.00 TORRANCE , CALIF . 90505 VAL—CO CONSTRUCTION , INC. 5/5/80 04,194.00 24050 MADISON ST . STE . 109 10,882.00 ToRRANCE , CALIF . 90505 T jG25 ,076.00 N120,958.370 17 a 7 C 7 , t� r, ,4 VAL-CO ENTERPRISES, INC. r ^S" 24050 Madison St. , Ste. 109 V Torrance, California, 90505 (213) . 373-6966 July 21, 1980 JUL 24 1980 CIA r AI I41t%j4r e 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 penni_t being issued ,for any develop- menL- of said property. This is in accordance with the agreement and understanding reached with McCurdy and Wilcox and Mr. Jiro Andrews of your Ingineering 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 ENTERPRSS�C. R L. VALDEZ ALV:dw. 04 4 July 12 , 1979 Mr. Jim Andrews Engineering Dept. CD Citv of Palm Springs G 3200 Tahquitz McCallum Wav Palm Springs . Ca 92262 Dear Mr. Andrews : 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. 'A2 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 said. 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 clomprisinq a given development. r We trust that this letter will he sufficient to satisfy your requirements for approval of the final tract map of Tract 11000. If you have anv questions, please contact me. Sincerely. r FAIR IpILLAS ART,t . L. VALDEZ THE COURYS ROGER cCURDY _ R.12 WILCOX 17 a 9 b j t—' WORT:. SHEET CONSTRUCTION COSTS 17 a 10 c7 J.H. TOMPSON CORP. - - - - - - $ 53,910.51 i ISRAEL BORREGO - - - - - - - 16,940.00 a FRED 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 CO CONSTRUCTION INC. - - - - - 26,576.00 TOTAL CONSTRUCTION COSTS - - - - - - - $ 113,228.09 ENGINEERING COSTS PHILIP ABRAMS 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 $ 5,798.11 680-180-002 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 TOTAL 196.1 Acres $120,958.37 � � i� , � �. . I -4- RAMOAI ROAO - `� i AssEssoRs MO. o� 6B0 -/70 -0/3 h' V � 37.4 AGRES . � 1 R Q WQ I Q ASSE550RS MO. 680-/70-006 Qr- Ll M j � .58.3 /ICREJ V h ASSESSORS MO. 3 6a0-/a0-00¢ I 92.6 AceEs tj 1 v R 7-19q CT MO, NOT A AA2T Of <JGREENIENT I W \ �1 455EJSOR.1 NO. ASSESSORS NO. I O V 6,60-1B0-oa/ 6Bo /BO-OOP 9.4 ACRES 8.4 Ac zfs l� TRAcr No./o5za AVENUE +" CNi1NNEL GONJTQC/CT/ON l E To P,4LMC4NYON 11l45N 1 PE,¢C.P.S.Fi[ENo 7B•Z- f� Z5f26�OWGNa,2473-/fZ } +