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HomeMy WebLinkAbout2023-06-08 Bennett, Tammy1 Gloria Sanchez From:Larry Mullen <lmullen@carlwarren.com> Sent:Thursday, November 21, 2024 6:32 PM To:Tim Varon Cc:Gloria Sanchez Subject:DIARY REVIEW 3 : 3047317- CLAIMANT: Tammy Bennett DIARY REVIEW 3 : 3047317 11-21-2024 CLAIMANT: Tammy Bennett EVENT: The claimant alleges that during the completion of the street project in front of her property, the involved contractors damaged her property, disrupted the completion of her kitchen remodel causing delays resulting in additional costs for outside food, rental car, hotel expenses for scheduled guests, her trip and fall injury in the street due to remote parking during the repairs, the loss of value to the property and general inconvenience. STATUTE OF LIMITATION: 4/25/2025 Action plan items from last review and status : 1. A settlement offer of $2,760.00 was made to the claimant. The claimant has not accepted. Coverage: Confirmed under the MOC. CITY INFORMATION: Previously submitted. LIABILITY: We believe the only liability issue is for damage to the approach section of the driveway that the claimant states was caused by contractor vehicles, though historical photos of the property show that similar damage existed to the approach. Concession for the driveway approach was agreed to by the City. The remaining claims were denied. We made a $2,760 .00 offer for the repairs to the driveway approach. The remaining portion of the claimant demands have been denied as the claimant is not entitled to them and the City has no liability. RESERVES: $50,000.00 - Property damage – The amount is currently accurate. Client Damages: N/A INJURIES: N/A Alleged Injuries: 2 Medical History/Prior Injuries: RECOMMENDATIONS: We will continue to maintain an open file pending response from the claimant. DISPOSITION/ACTION PLAN: 1. Continue to maintain an open file pending further response from the claimant. SUBROGATION: N/A Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Wednesday, November 6, 2024 10:33 AM To:Gloria Sanchez; Andrea Staehle Cc:Larry Mullen; Amber Molina; Damian Olivares Subject:RE: 3047317, Palm Desert, Tammy Bennett FW: YOUR CTY CLAIM Hi Gloria, Thank you for your email. We have extended an offer of $2,760.00 and have sent out a Property Damage Release. Thus far the Claimant has refused to sign the PD Release. We are continuing to monitor the claim to see if there are any other developments. Have a great day! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 2 From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Tuesday, November 5, 2024 2:08 PM To: Tim Varon <TVaron@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov> Cc: Larry Mullen <lmullen@carlwarren.com>; Amber Molina <amolina@palmdesert.gov>; Damian Olivares <dolivares@palmdesert.gov> Subject: RE: 3047317, Palm Desert, Tammy Bennett FW: YOUR CTY CLAIM Me, again. Is this claim still pending resolution? M. Gloria Sanchez Records Coordinator City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260 gsanchez@palmdesert.gov | 760.776.6354 | www.palmdesert.gov From: Tim Varon <TVaron@carlwarren.com> Sent: Friday, June 28, 2024 9:10 AM To: Andrea Staehle <astaehle@palmdesert.gov> Cc: Larry Mullen <lmullen@carlwarren.com>; Gloria Sanchez <gsanchez@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: 3047317, Palm Desert, Tammy Bennett FW: YOUR CTY CLAIM Hi Andrea, I wanted to give you a quick update on the Tammy Bennett file. She recently reached out to Larry to ask for an update on her claim. We reiterated that our position since 1/22/24 has not changed, and that we offered $2,760.00 for the claimed damages to her driveway, and Hi Andrea, I wanted to give you a quick update on the Tammy Bennett file. She recently reached out to Larry to ask for an update on her claim. We reiterated that our position since 1/22/24 has not changed, and that we offered $2,760.00 for the claimed damages to her driveway, and that if she was agreed to that amount that we would send out a Property Damage release to resolve her claim. As you can see below, her response was not positive. It’s possible that she may try to contact the City directly. I would recommend that you simply refer her back to Carl Warran and Company. Have a great weekend! Tim Tim Varon 3 Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Larry Mullen <lmullen@carlwarren.com> Sent: Friday, June 28, 2024 8:47 AM To: Tim Varon <TVaron@carlwarren.com> Subject: FW: YOUR CTY CLAIM Her response. Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 4 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Thursday, June 27, 2024 8:05 PM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: YOUR CTY CLAIM This is appalling. The City of Palm Desert has put me through hell. On Thu, Jun 27, 2024 at 3:38 PM Larry Mullen <lmullen@carlwarren.com> wrote: Mrs. Bennet: The City’s position has not changed since our 1-22-2024 letter, copy attached. If you are willing to settle for the $2,760.00 offer, I will draft a release for signature. Regards, Larry Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise 5 the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Thursday, June 27, 2024 5:45 AM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: YOUR CTY CLAIM It's been months since you have attended to this claim and over a year since I began suffering for it. Please attend to this claim. Tammy Bennett On Mon, Jan 22, 2024 at 6:50 PM Larry Mullen <lmullen@carlwarren.com> wrote: Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby 6 notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. -- Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Friday, June 28, 2024 9:10 AM To:Andrea Staehle Cc:Larry Mullen; Gloria Sanchez; Amber Molina Subject:3047317, Palm Desert, Tammy Bennett FW: YOUR CTY CLAIM Hi Andrea, I wanted to give you a quick update on the Tammy Bennett file. She recently reached out to Larry to ask for an update on her claim. We reiterated that our position since 1/22/24 has not changed, and that we offered $2,760.00 for the claimed damages to her driveway, and that if she was agreed to that amount that we would send out a Property Damage release to resolve her claim. As you can see below, her response was not positive. It’s possible that she may try to contact the City directly. I would recommend that you simply refer her back to Carl Warran and Company. Have a great weekend! Tim Tim Varon Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 2 From: Larry Mullen <lmullen@carlwarren.com> Sent: Friday, June 28, 2024 8:47 AM To: Tim Varon <TVaron@carlwarren.com> Subject: FW: YOUR CTY CLAIM Her response. Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Thursday, June 27, 2024 8:05 PM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: YOUR CTY CLAIM This is appalling. The City of Palm Desert has put me through hell. On Thu, Jun 27, 2024 at 3:38 PM Larry Mullen <lmullen@carlwarren.com> wrote: Mrs. Bennet: The City’s position has not changed since our 1-22-2024 letter, copy attached. If you are willing to settle for the $2,760.00 offer, I will draft a release for signature. Regards, Larry 3 Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company LLC | A Venbrook Company CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Thursday, June 27, 2024 5:45 AM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: YOUR CTY CLAIM It's been months since you have attended to this claim and over a year since I began suffering for it. Please attend to this claim. Tammy Bennett On Mon, Jan 22, 2024 at 6:50 PM Larry Mullen <lmullen@carlwarren.com> wrote: 4 Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC CA Entity License No: 2607296 www.carlwarren.com PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. -- Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett 1 Gloria Sanchez From:Ryan Gayler Sent:Thursday, August 10, 2023 5:33 PM To:Larry Mullen; Tim Varon Cc:Gloria Sanchez; Todd Hileman; Chris Escobedo; Jess Culpeper; Andrea Staehle; Amber Molina; Alex Mellor Subject:RE: From Tammy Bennett Hi Larry, I disagree with Mrs. Bennett’s assessment of how things are going. We are beginning work on the landscape tomorrow. We expect to be done with the landscape improvements by Tuesday of next week. With regard to the boulders, the resident has a certain aesthetic that she was looking for with regard to the boulders and the rock supplier didn’t have 14 boulders that match the rocks existing in the yard. The contractor had sent me pictures of boulders that they had in stock where there were enough to get fourteen that all matched, but they did not meet the color criteria. Mrs. Bennett volunteered to select individual rocks from the supplier that she thought would match the existing aesthetic. She seemed happy to be able to pick the rocks out herself. Please contact me with any questions. . . Ryan Gayler Capital Projects Manager 760.776.6393 rgayler@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 From: Larry Mullen <lmullen@carlwarren.com> Sent: Thursday, August 10, 2023 1:39 PM To: Tim Varon <TVaron@carlwarren.com> Cc: Ryan Gayler <rgayler@palmdesert.gov>; gsannchez@palmdesert.gov Subject: FW: From Tammy Bennett Hi Tim and All: Received this e-mail from the claimant. Apparently, the landscaping repairs are not going along smoothly per her comments. Ryan, can you check on this? Her demands continue to expand. Larry Normal 0 false false false EN-US X-NONE X-NONE Larry MullenClaims Examiner Hi Tim and All: Received this e-mail from the claimant. Apparently, the landscaping repairs are not going along smoothly per her comments. Ryan, can you check on this? Her demands continue to expand. Larry Larry Mullen Claims Examiner 2 lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Monday, August 7, 2023 8:28 AM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: From Tammy Bennett Hello Mr. Mullen, I wanted to alert you to the fact the kitchen remodel began this morning, which means, thanks to the City of Palm Desert, the project start day is 106 days late. The start date was scheduled for April 24, 2024. As per the claim I am requesting the sum of $106,000.00 (106 days x $1000.00 per day) due to the City's negligence. Please update the claim accordingly. The work on my yard has NOT started yet. The City of Palm Desert recently assigned Mariposa Landscaping on August 3, 2024. I spoke with someone named Roberto, who works with Mariposa Landscaping, about the project. We got off to a poor start. I specified with Roberto that I did not want grey, white or rusty orange colored rocks used in my yard, and then on the same day those are the exact colors he chose to use. Fortunately he sent photos before lugging them to my home, so I was able to stop the purchase. As a result my husband and I took two hours out of our 3 Saturday morning to drive 30 minutes away and choose the rocks ourselves. Just goes to prove that if you want something done right you have to do it yourself. We continue to suffer embarrassment as people ask us why our yard is still such a mess. The nightmare never ends. On Thu, Jul 13, 2023 at 9:46 AM Larry Mullen <lmullen@carlwarren.com> wrote: That is good news. Let me know when the City starts their work. Thanks. Have a good day. Larry Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 4 From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Wednesday, July 12, 2023 7:54 PM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: From Tammy Bennett The contractor will start sometime in the first part of August. On Wed, Jul 12, 2023 at 1:58 PM Larry Mullen <lmullen@carlwarren.com> wrote: Thank you for this information. Just so you understand, I am not on anyone’s side. My company’s responsibility is to investigate claims and determine if the City is liable. Once that is established, we provide recommendations for settling or rejecting the claim based upon information provided for our investigation. Do you know when the contractor can resume your project? Did he give you a date? Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Tuesday, July 11, 2023 5:00 PM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: From Tammy Bennett 5 He actually took on two projects to compensate for my one project. At the conclusion of the current project he will be going on a family vacation. He vacations this time every year. If things would have progressed accordingly, he would have completed my project by now. As I said many times earlier, the city's lack of communication has caused great inconvenience for not only me but my contractor as well. Ryan emailed today to say the work on the yard would begin tomorrow, but since I've heard this many times before, I won't hold my breath waiting. Thanks again for your help. I know you are not on my side and do not have my best interest in mind, but I do hope we can reach a reasonable conclusion. If it can be helped, I'd rather not involve attorneys. Thank you. On Tue, Jul 11, 2023 at 10:59 AM Larry Mullen <lmullen@carlwarren.com> wrote: Thank you.. So sorry to hear about the further inconvenience. Why is the contractor running behind on the other project? Can he only work on one project at a time? Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, 6 please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Monday, July 10, 2023 3:54 PM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: From Tammy Bennett To bring you up to date, my contractor is running behind on the job he took to replace mine due to the road debacle. I have now been told the work will not begin until sometime in August. This is over a 3 month delay thanks to the city of Palm Desert. I continue to suffer living without a functional kitchen. This is a disaster. On Mon, Jul 10, 2023 at 1:35 PM Larry Mullen <lmullen@carlwarren.com> wrote: Thank you. I’ll check with Ryan. Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to 7 bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Saturday, July 1, 2023 8:29 AM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: From Tammy Bennett Yes, I am speaking of the diminished value of my property. And yes, I did speak with Ryan but I have NOT been given a start date for the work that is to be completed. Thank you. Happy Fourth!!! On Fri, Jun 30, 2023 at 5:06 PM Larry Mullen <lmullen@carlwarren.com> wrote: Are you referring to diminished value of the property? We can certainly review this matter for consideration. However, you will have to provide documentation that you suffered a loss of value. I received an e-mail from Ryan Gayler that he spoke with you yesterday and provided a status of the landscaping repairs. I’ll be in touch. Larry Larry Mullen Claims Examiner lmullen@carlwarren.com Tel: (657) 622-4309 | Fax: (866) 254-4423 You don't often get email from tammybennettbydesign@gmail.com. Learn why this is important 8 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Friday, June 30, 2023 8:13 AM To: Larry Mullen <lmullen@carlwarren.com> Subject: Re: From Tammy Bennett Good Morning Mr. Mullen, After speaking with you yesterday I consulted with a professional concerning the pain and suffering section of the claim. I was advised that although "pain and suffering" is not permitted, I did overlook something very important, "the long- term negative impact" to my property. Under professional legal guidance, revisions have been made to the original claim to include "the long-term negative impact." Please see the attached file. I do hope we can come to a reasonable conclusion. If not, I will turn this matter over to my attorney. Thank you. You don't often get email from tammybennettbydesign@gmail.com. Learn why this is important 9 Kind Regards, Tammy Bennett On Mon, Jun 26, 2023 at 7:36 PM Tammy Bennett <tammybennettbydesign@gmail.com> wrote: Hello Mr. Mullen, I'm assuming you received my first email. Can you please let me know how and when this claim against the City of Palm Desert will be settled? Thank you. On Tue, Jun 20, 2023 at 6:34 AM Tammy Bennett <tammybennettbydesign@gmail.com> wrote: Hello Mr. Mullen, Thank you for reaching out to me on behalf of Carl Warren & Co. and the claim against the City of Palm Desert. What you said in your message is true, the city is supposed to be replacing my mailbox and restoring my yard but neither action has taken place yet. As to the rest of the claim, it is fairly self explanatory, but should you have any questions, please do not hesitate to contact me. Sincerely, Tammy Bennett 10 -- Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett -- 11 Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett -- Beautiful Blessings, Tammy Bennett 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, June 14, 2023 9:38 AM To:Tim Varon Cc:Larry Mullen; Ryan Gayler; Andrea Staehle Subject:RE: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Attachments:3047317 Bennett - List of Damages Agreed Upon.pdf Good morning Mr. Varon, Attached are the emails that outline the list of damages agreed upon. If you need additional information, please do not hesitate to contact our offices. Gloria From: Tim Varon <TVaron@carlwarren.com> Sent: Thursday, June 8, 2023 11:11 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Larry Mullen <lmullen@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Your attachments have been security checked by Mimecast Attachment Protection. Details of potentially unsafe files have been attached. Hi Gloria, Please find attached a copy of our Notification Letter for your records. Please forward over the City’s list of damages that have been agreed upon for settlement directly with the Claimant to date so that we can update our records and process the damages accordingly. Have a great day! Tim Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. 2 Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Gloria Sanchez Sent:Wednesday, June 14, 2023 8:19 AM To:Ryan Gayler Cc:Andrea Staehle Subject:RE: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Attachments:Today's Conversation; followup on list of outstanding concerns Thank you, Ryan. I will provide Carl Warren the attachments. Andrea, do you have anything to add? Have a great day. From: Ryan Gayler <rgayler@palmdesert.gov> Sent: Friday, June 9, 2023 10:19 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov> Subject: RE: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Hi Gloria, The first email I attached was Todd’s original email listing items that the City has committed to. The second email is a follow-up that I sent to Mrs. Bennett. The only think added to the original list that I can think of is the installation of a mailbox. rg . . Ryan Gayler Capital Projects Manager 760.776.6393 rgayler@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Gloria Sanchez <gsanchez@palmdesert.gov> Sent: Friday, June 9, 2023 9:11 AM To: Ryan Gayler <rgayler@palmdesert.gov> Cc: Andrea Staehle <astaehle@palmdesert.gov> Subject: FW: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Hi, Ryan! 1 Gloria Sanchez From:Todd Hileman Sent:Tuesday, May 23, 2023 3:00 PM To:Tammy Bennett Cc:Ryan Gayler; Chris Escobedo; Jess Culpeper Subject:Today's Conversation Hi Tammy: First of all, thank you for stopping in to City Hall to discuss your outstanding concerns regarding the Whitestone construction. I am taking a moment to memorialize our action steps that we agreed to and copying Ryan in, as he has been given full autonomy to work with you until everything is resolved to your satisfaction. You have Ryan, Chris Escobedo, and me at your disposal while this project is underway. 1) Manhole in front yard: I committed to you that this manhole will be buried from view. 2) Driveway: I would appreciate the picture you took of the Jacobson vehicle in your driveway. Ryan will be following up with them about this and will also be coordinating the replacement of the two sections of your driveway apron as part of the project closeout. 3) Landscaping: Ryan will work to ensure that the front yard is flattened to the extent possible and will coordinate with your landscaper to restore the yard to its original intent and design until you are satisfied. 4) Street Trees: Ryan is coordinating with an arborist to ensure that the existing trees remain healthy to the extent possible in an effort to maintain the tree scape along Whitestone. 5) Paving Date: While May 31 continues to be the goal, Ryan will stay on the contractor to make our best efforts to meet that paving date. I have asked him to follow up today’s neighborhood meeting with an update early next week to keep you and your neighbors informed. 6) Rental Car: I authorized a rental car for you today through May 31. If the paving is not completed by then, we will cover that cost. Please provide Ryan and/or me the receipt to make you whole. 7) Construction project delay: Please let me know if there is an upcharge and I will cover it. Let me think about a fair resolution on this issue while we are closing things out and please let me know when the construction will commence. Thanks, Todd . . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 2 . 1 Gloria Sanchez From:Ryan Gayler Sent:Wednesday, June 7, 2023 4:38 PM To:Tammy Bennett Subject:followup on list of outstanding concerns Hi Mrs. BenneƩ, I appreciate you meeƟng with me this morning. I am following up on the list of items that Todd commiƩed to in your meeƟng on May 23, 2023. The manhole closest to your driveway will be lowered 3” below grade and hidden from view. That work is scheduled for tomorrow. The City commiƩed to replace two secƟons of the driveway with concrete matching the exisƟng color and texture. You menƟoned that you want to change the driveway surface from Portland cement concrete to pavers. As I menƟoned in our meeƟng, the City can accommodate that request, but it will need to be done through our claims process. You have indicated that you plan to present a claim to the Mayor and City Council members tomorrow. With regard to landscaping, there was some concern that the improvements that were constructed increased the grade and that the decomposed granite would not perform as intended. We measured th e grade at a couple locaƟons and determined that the grade running along the top of the curb was less than 2%. We also discussed some changes that you would like to see with regard to your landscaping. You menƟoned that you would like to see a “dry streambed” constructed (from the exisƟng planter with the palm trees) ending at the catch basin structure. There were a few other changes that you wanted to make to the plans and I believe that you said you would provide a final drawing of the proposed improvements including the names and descripƟons of any proposed new plants as well as detailed informaƟon on any boulders or stones lining the dry streambed. I think you said that you would have the final version completed by tomorrow. If you could send me a scan or photo of the plan as soon as possible, I would appreciate it. The street trees were watered during the construcƟon project and the soil around the trees has now been backfilled. The trees appear to be in good health. White Stone Lane was paved on May 31, 2023. The City agreed to reimburse you for the cost of a rental vehicle for the week leading up to the paving. You submiƩed an invoice to the City and you received a reimbursement check on June 5, 2023. One item that was not included in Todd’s email of outstanding items is the construcƟon of a mailbox. With regard to the mailbox you have provided a photo of the style of mailbox that you would like. We know that you don’t want bricks oriented diagonally. It is important that we know the dimensions of the mailbox structure that you are expec Ɵng. We don’t want to build it too large or too small. Would you be agreeable to a 2’ x 2’ square structure at a height of 5’? The outside dimension of the box you bought is 11.5” wide by 15.1” tall and a maximum depth of 18.1”. At what height would you want the boƩom of the box? I know you want to try to match the color of the brick on the columns at the front of your house. Do you know where we may be able to find those bricks? Jacobsson may be able to locate a similar style if those bricks were already in place when you bought the house. Please let me know if I am missing anything we discussed, or if I misunderstood anything you told me. I am looking forward to compleƟng the restoraƟon of the landscape and other improvements, as I know you are too. Thank you. rg 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Friday, June 9, 2023 9:28 AM To:Gloria Sanchez Cc:Larry Mullen; Andrea Staehle; Amber Molina Subject:20230609 Bennett Palm Desert NOTIFICATION LETTER 3047317 Attachments:20230609 Bennett Palm Desert NOTIFICATION LETTER 3047317.pdf; FW: Claim Form from Ms. Tammy Bennett Hi Gloria, Please find attached our updated Notification Letter for your records. Have a great weekend! Tim Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the in tended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no 2 liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 June 9, 2023 William Bennett 5025 Thacher Rd. Ojai, CA 93023 RE: Claimant : William & Tammy Bennett Date of Loss : 4/24/23 Claim Filing Date : 6/8/23 Our File Number : 3047317 LMV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to Larry Mullen for handling. Mr. Mullen may be reached at 657-622-4309. When our investigation is complete, we will advise you as to whether or not we can recommend settlement. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor cc: Member Agency: City of Palm Desert, attn:Gloria Sanchez 1 Gloria Sanchez From:Gloria Sanchez Sent:Friday, June 9, 2023 9:17 AM To:Carl Warren & Co. (publicentityclaims@carlwarren.com); Isra Shah; Robert Hargreaves Cc:Andrea Staehle; Ryan Gayler; Tim Varon; Chris Escobedo Subject:FW: Claim 898 - Tammy Bennett 3047317 Attachments:898 Bennett, Tammy 3047317.pdf Good morning, Attached is the claim received yesterday, delivered by Ms. Tammy Bennett. Carl Warren has already opened a case on this matter. If you have questions or need additional information, please do not hesitate to contact our offices. From: Níamh Ortega <nortega@palmdesert.gov> Sent: Friday, June 9, 2023 4:17 AM To: Anthony Mejia <amejia@palmdesert.gov>; Todd Hileman <thileman@palmdesert.gov> Cc: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: Claim Form from Ms. Tammy Bennett Good morning, Ms. Bennett dropped off the attached claim form yesterday during the Council meeting. She asked that both of you receive a copy of it. I gave Gloria the hard copy yesterday afternoon. Thank you, Niamh Sent from my T-Mobile 5G Device Get Outlook for Android . . Níamh M. Ortega Assistant City Clerk 760.776.6487 nortega@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . June 8, 2023 Dear Mayor Kelly and Honorable City Council, RECEIYED CUT f CLERK'S OFFICE PM H DESEPT. CA 1023 JUN -8 PM 2:148 It is with great stress, sadness, and heartache I write this letter. In April of 2021 my husband and I chose to make the City of Palm Desert our forever home. After more than twenty years in the US Navy and thirty moves, 73-940 White Stone Lane was to be fondly called, "home sweet home." Now we are full of buyer's remorse. The City of Palm Desert took our dream home and crushed it, turning it into a nightmare situation. Our investment has been turned into a huge loss, loss of property, loss of function and loss of value. We are paying the price for the City's lack of communication and extreme negligence. To be clear, once notified of the plans the city had for our home, I contacted the City of Palm Desert to voice my fears and concerns, but they just forged ahead without taking my worries and anxiety into consideration. This reckless attitude towards the residents of Palm Desert leads me to believe the city does not care about the welfare of the citizens they have sworn to uphold and defend. This makes me very sorry for not only myself, but all the other residents of Palm Desert. I understand that in the big scheme of things, I bare no significance to the vast population of the city, but the disregard for my well-being hurts just the same. The following claim will give you a glimpse into what I have been suffering through the past few months. It's not pleasant and literally makes me sick to my stomach. Sincerely, Tammy Bennett Received by: RECEIVED CIT f CLERK'S OFFICE PALM DESERT. CA CLAIM AGAINS THE CITY OF PALM DESERT 13 JUN . 8 PM 2: 50 FOR DAMAGE(S) TO PERSON(S) OR PERSONAL PROPER Via US Mail ASSIGNED CLAIM NO. : Inter Office Mail Over -the -Counter / A claim must be filed with the City Clerk of the City of Palm Desert within six (6) months after which the incident or event occurred. Be sure your claim is against the City of Palm Desert, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260. TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF PALM DESERT, CA.: The undersigned respectfully submit(s) the following claim and information relative to damage(s) to person(s) and/or property: 1. Claimant(s) Information Name: William and Tammy Bennett Address: 73-940 White Stone Lane Palm Desert, CA 92260 Phone No.(s): William Bennett (805) 798- 4463 Drivers License No(s): William Bennett: F8401426 Tammy Bennett (805) 798-1686 Tammy Bennett: F8174974 2. Name, telephone number and post office address to which claimant desires notices sent, if different than above: William Bennett (805) 798-4463 5025 Thacher Road Ojai, CA 93023 3. Occurrence or event from which the claim arises: a. BEGIN DATE: April 24, 2023 POTENTIAL END DATE: June 19, 2023 b. TIME: 7:00am to 4:00pm Monday through Friday c. PLACE (Exact specific location): 73-940 White Stone Lane, Palm Desert, CA 92260 d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage. (Use additional paper if necessary.) On the afternoon of April 20, 2023, Jacobsson Engineering Construction Inc., taped a notice of upcoming street improvements to my front door. It stated the 1 work was to begin April 24, 2023, giving very little notice to the residents that reside on White Stone Lane. It also stated the residents would have "limited" access to their driveways. Within minutes of reading the letter 1 tried to contact the Project Manager, Erik Jacobsson, but he did not answer his phone, so 1 left a message. When Erik Jacobsson finally did return my calls, he stated he only had to give 72 hours' notice to the residents and was in compliance with the law. Below is a list of damages we have endured due to the City of Palm Desert's lack of communication, organization, and compassion. Damage One: The timing of this project directly interfered with my kitchen remodel and replacement of the flooring throughout the house, which was scheduled to begin the week of April 24, 2023. 1 had already cleared out my kitchen to make it ready for the demo. Because of the construction and very limited access to the road my contractor chose not to begin the kitchen remodel until the road work is complete. Due to the City's kick of communication, I have not had access to a functioning kitchen since mid -April 2023. The only things 1 have available to me are a coffee maker and microwave. This is a HUGE and costly inconvenience. My husband and 1 have been forced to eat out, order take out or buy microwavable food. Damage Two: During the week of April 24, 2023, 1 had two deliveries for the remodel that had to be canceled and rescheduled. The first delivery was for the new kitchen appliances and the second delivery was for the new flooring. When appliances were finally delivered, we were able to store them in the garage, however the flooring had to be placed in my front yard. I'm worried it will be damaged or stolen. Damage Three: On April 28, 2023, construction was to begin on a new locking mailbox brick column. That too had to be canceled due to the construction. Damage Four: My husband and 1 recently invested over $13,000.00 into having our yard professionally landscaped. And now the new landscaping has been dug up and destroyed. It's been replaced with two horrific manhole covers and one huge 4-ft by 7.5-ft cement slab. Additionally, the city has reduced the size of my property from the time we purchased the property in 2021. Damage Five: The next item of damage is my driveway. During the road work heavy construction equipment maneuvered over my driveway. And if that's not bad 2 enough, when Jacobsson Engineering dug the gargantuan hole in my yard, measuring approximately 8-ft wide, 30-ft long and 12-ft deep, it went right up to my driveway, and Jacobsson Engineering did nothing to support my driveway to prevent it from being damaged. This neglect has caused my driveway to form large cracks in various sections of the cement. Damage Six: In January, I invited four guests to stay in my home from July 1 through July 4, 2023. My kitchen remodel and flooring were originally scheduled to be completed before their arrival, but now it will not be ready for them. !n fact, my contractor maybe working on my house by then, which leaves me with an unwelcoming environment for my guests. My only alternative is to provide two hotel rooms from July 1 though July 4, 2023. Yet another cost 1 must pay due to the city's negligence. Damage Seven: On May 23, 2023, 1, Tammy Bennett was walking down White Stone Lane from Grapevine and ! tripped on the dug -up road. There were rocks and holes everywhere. 1 injured my left hip and lower back. To this day, I'm still experiencing pain. Two Jacobsson Engineering employees witnessed this incident, plus my husband saw me on the security camera limping back towards the house and called me immediately to find out what was wrong. Soon after the incident, ! met with Todd Hileman and Chris Escobedo and explained the injury to them. Damage Eight: The road project instituted by the City of Palm Desert has caused my husband and l great stress, strife, anguish, anxiety, and loss of productivity. Over the course of the past few months, 1 have personally spent numerous hours trying to protect my property from being negatively impacted by this unnecessary project. My husband and 1 spent more than twenty years moving around in the US NAVY and then chose to call Palm Desert "home." This was our forever dream home and safe space, but the city has turned it into an absolute nightmare. e. What particular action by the City, or its employees, caused the alleged damage or injury? The City of Palm Desert did not communicate any of these plans with the nine residents on White Stone Lane. A project of this magnitude should have been brought to the homeowner's attention months, or even years ago, so we could have properly prepared and even advised in the planning of the project. If there would have been timely communication, we would not have gone to the great expense of having our yard beautified, our kitchen remodel scheduled at that time, new flooring scheduled at that time, and a new mailbox scheduled for construction at that time. The City of Palm Desert had more than six years to communicate with the residents on White Stone Lane. 3 This was a huge oversight on the part of the city. There is absolutely no reason for this huge debacle. 4. Give a general description of the indebtedness, obligation, injury, damage, or loss incurred so far as it may be known at the time of presentation of the claim. If there were no injuries, state "no injuries." Damage One / Kitchen Remodel and Flooring Replacement I petition the City of Palm Desert compensation in the sum of $1000.00 per day for the loss of the contractor. This shall be calculated from April 24, 2023, through the time the contractor is able to begin the job. Currently the contractor is penciled in to begin upon completion of the road work. The following total is based on the contractor being able to start immediately after completion on June 19, 2023. $1000.00 per dayx 52 days = $52,000.00. For any reason the contractor is further detained the compensation amount will increase in the sum of $1000.00 per day. Damage Two / Deliveries The new flooring was delivered and is currently stored in the front of my house outside in the elements awaiting installation. Should it be damaged or stolen before it can be installed the City of Palm Desert will be responsible for replacing it in the sum of $11,600.00. Damage Three / Mailbox The City of Palm Desert /Jacobsson Engineering will construct and install the new brick mailbox column. Cost of mailbox estimated at $1800.00. Damage Four / Landscaping Upon the start of the road project, we were promised the yard would be returned to its original state or be made better once the road was completed. Under the circumstances there is NO WAY this can happen. As 1 mentioned earlier, there are now two manhole covers and a large cement slab in my yard, plus the city diminished the size of my lot by 640 sq ft., and negatively impacted it by 768 sq ft. I do expect the city to live up to their word and make my yard beautiful again, but I don't know how the city can possibly restore the size and contour of the land / yard. lt's forever ruined. 1 am petitioning the sum of $53, 789.00 in loss and damages. Damage Five / Driveway The city shall fully replace the driveway with pavers upon completion of the road project. The square footage is approximately 1776 sq ft. 1776 sq ft x $10 per sq ft. = $17, 760.00 Damage Six / House Guests I'm petitioning acceptable hotel accommodations for 4 people (2 rooms) from July 1 through July 4, 2023. The following is the price I received from JW Marriot for Sat, Jul 1, 2023 - Tue, Jul 4, 2023. 4 • 2 room(s) for 3 night(s) Prices in USD • Saturday, July 1, 2023 519.00 • Sunday, July 2, 2023 399.00 • Monday, July 3, 2023 399.00 • Total cash rate 1,317.00 • Resort Fee 114.00 • Convention /Tourism Fee 3.45 • Estimated government taxes and fees 200.34 • Total per room 1,634.79 USD • Total Stay 3,269.58 USD Damage Seven / Personal Injury I am requesting compensation for ongoing Chiropractic therapy because 1 tripped and twisted my lower back and left hip trying to navigate my way back to my home from Grapevine Road. I'm petitioning the sum of $6,000.00 for ongoing treatment. Damage Eight / Pain and Suffering This whole avoidable ordeal has been detrimental to our (William and Tammy Bennett) overall health, well-being, and productivity. The City of Palm Desert has caused undeniable stress, anxiety, agony, and anguish; therefore, we are petitioning the sum of $746,000.00 in pain and suffering. 5. Give the name(s) of the city employee(s) causing the damage or injury: a. Mayor Kathleen Kelly b. Mayor Pro Tempore Karina Quintanilla c. Council Member Gina Nestade d. Council Member Jan Harnik e. Council Member Evan Trubee f. City Manager Todd Hileman g. Assistant City Manager Chris Escobedo h. Capital Projects Manager Ryan Gayler i. Public Works Director Mark Greenwood j. Public Works Inspector Terry Cechin 6. Name and address of any other person(s) injured: William E. Bennett 73-940 White Stone Lane Palm Desert, CA 92260 7. Name and address of the owner(s) of any damaged property: William and Tammy Bennett 73-940 White Stone Lane Palm Desert, CA 92260 5 8. Damages claimed: a. Amount claimed as of this date: $88,0618.58 b. Estimated amount of future costs: $11,600.00 (flooring if damaged or stolen) c. Total amount claimed: $892,218.58 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.): 9. Names and addresses of all witnesses, hospitals, doctors, etc: As mentioned earlier two Jacobsson Engineering workers witnessed the trip and injury stated in damage seven. 1 do not know their names or addresses. Todd Hileman and Chris Escobedo were also made aware of this incident. 10. Any additional information, including police reports, which might be helpful considering this claim: 1 have been appalled by how the City has literally blocked me from my property, including service workers, contractors, and others when I am in the middle of an expensive and time -sensitive remodel of my home. They have also entered and encroached upon my lot. I understand the City has the right to temporarily access, use and change my privately owned property for the public good, but based on these conditions: • Properly notify me in writing and give me sufficient advance notice. On April 20, 2023, Jacobsson Engineering Construction Inc., taped a notice of street improvements to my front door. It stated the work was to begin April 24, 2023, giving very little notice to the residents that reside on White Stone Lane. It also stated the residents would have "limited" access to their driveways. Within minutes of reading the letter I tried to contact the Project Manager, Erik Jacobsson, but he did not answer his phone, so 1 left a message. The timing of this project directly interfered with my kitchen remodel which was to begin the same week. 1 also had deliveries for the remodel scheduled that week. All of which had to be canceled. (11)JBCOBSSOO �.�..ram, won Letter taped to my front door on April 20, 2023 My husband and 1 had recently spent more than $13,000.00 having the yard professionally landscaped. And now the new landscaping was to be destroyed. And why? Because the City of Palm Desert did not communicate with the residents on White Stone Lane in a timely manner. A project of this magnitude should have been brought to the homeowner's attention months or years ago, so we could have properly prepared. If there would have been timely communication, 1 would not have gone to the great expense of having my yard beautified or the remodeling scheduled at the same time. 6 Gargantuan hole dug right up to the edge of my unsupported driveway Restricted access by construction equipment As it is now, 1 do not have a functioning kitchen and 1 have lost my contractor. My makeshift kitchen for months has consisted of a coffee maker and microwave. This is a huge inconvenience. • To not unreasonably obstruct and to provide reasonable alternate vehicle access to and from my property so that l (and others) may come and go as needed. My current kitchen- coffee maker and microwave Access to my home has been restricted. Large construction equipment has forced me to drive through the golf course to come and go from my home. Not to mention, I have found large 6-inch nails at the foot of my driveway. It's very dangerous and causes me great anxiety every time I leave my house and navigate through the obstacle course presented to me bylacobsson Engineering. To compensate me for the temporary use of my property when workers encroach upon, use, or otherwise change and restrict my full use and enjoyment of any part of my property. On April 25, 2023, Jacobsson Engineering started demolishing my yard, and my property hasn't been the same since. My beautiful new landscape is gone. Jacobsson did not even try to preserve my plants, they just left them to die. What a sinl To install a drainpipe Jacobsson dug a gargantuan hole in my front yard, measuring approximately 8 feet wide, 30 feet long and 12 feet deep. This has changed the whole topography of my yard. They have also installed two manhole covers and 4-ft by 7.5-ft cement slab in my yard. I did not grant the city permission to do so. 1 have been informed by the City of Palm Desert that my yard will forever be niirtsitn accessed and disrupted to clean the drain out. This is inexcusable. As it is now and apparently in all the 7 future, ! will not have the liberty to enjoy the privacy of my own yard or allow my dogs out into the yard. Again, this infringes upon my rights as a tax paying citizen of Palm Desert. • To return any damaged or otherwise changed parts of my property to their original condition. 1 assume the city and lacobsson Engineering took photos prior to the demolition. l would like to see them, and 1 want to know when the restoration of my property will begin and the timeline of completion. I request absolute guarantees and warranties on all needed work. As ! mentioned earlier, 1 expect my driveway, landscaping, and topography of my yard to be restored to the same condition it was in or "better" than it was found before the road improvements began. I understand these may have been a series of unintended oversights on the part of the City of Palm Desert, but I still demand reasonable resolutions, reimbursements, and restitution. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI (CALIFORNIA PENAL CODE 72 AND CALIFORNIA INSURANCE CODE) I have read the matters and statements made in the above claim, and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters. 1 believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. Signed this day of 20 at SIGNATURE OF CLAIMANT SIGNATURE OF CLAIMANT Office of the City Clerk, Palm Desert, California DOC. NO. DATE FILED 8 1 Gloria Sanchez From:Alex Mellor <amellor@cjpia.org> Sent:Friday, June 9, 2023 7:34 AM To:PublicEntity Claims Cc:Tim Varon Subject:FW: Claim Form from Ms. Tammy Bennett Attachments:50yearsresized_32178492-0560-4444-b657-c0c208d02055.png; poetlaureatee- sig(1)_dc9a6a1a-a4fd-430f-9b06-02a2ccbf00ec.jpg; Scan from City of Palm Desert City Clerk..pdf New claim against City of Palm Desert From: Andrea Staehle <astaehle@palmdesert.gov> Sent: Friday, June 9, 2023 7:22 AM To: Alex Mellor <amellor@cjpia.org>; Amber Molina <amolina@palmdesert.gov> Subject: Fwd: Claim Form from Ms. Tammy Bennett *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* Ms. Bennett’s claim. Sent from my iPhone 2 . . Andrea Staehle Human Resources Manager 760.776.6337 astaehle@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . Begin forwarded message: From: Todd Hileman <thileman@palmdesert.gov> Date: June 9, 2023 at 6:17:38 AM PDT To: Chris Escobedo <cescobedo@palmdesert.gov>, Andrea Staehle <astaehle@palmdesert.gov>, Isra Shah <Isra.Shah@bbklaw.com> Subject: Fwd: Claim Form from Ms. Tammy Bennett Sent from my iPad . . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . Begin forwarded message: From: Níamh Ortega <nortega@palmdesert.gov> Date: June 9, 2023 at 4:17:13 AM PDT To: Anthony Mejia <amejia@palmdesert.gov>, Todd Hileman <thileman@palmdesert.gov> Cc: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: Claim Form from Ms. Tammy Bennett Good morning, Ms. Bennett dropped off the attached claim form yesterday during the Council meeting. She asked that both of you receive a copy of it. I gave Gloria the hard copy yesterday afternoon. Thank you, 3 Niamh Sent from my T-Mobile 5G Device Get Outlook for Android . . Níamh M. Ortega Assistant City Clerk 760.776.6487 nortega@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: CityClerk@cpd.com <CityClerk@cpd.com> Sent: Thursday, June 8, 2023 2:58:57 PM To: Níamh Ortega <nortega@palmdesert.gov> Subject: Scan from City of Palm Desert City Clerk. Please open the attached document. It was sent to you using a Xerox multifunction printer. Attachment File Type: pdf, Multi-Page Multifunction Printer Location: City Clerk Device Name: City Clerk Xerox For more information on Xerox products and solutions, please visit http://www.xerox.com 1 Gloria Sanchez From:Gloria Sanchez Sent:Friday, June 9, 2023 9:11 AM To:Ryan Gayler Cc:Andrea Staehle Subject:FW: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Attachments:FW: 3047317 - New Claim: CJPIA- Palm Desert Hi, Ryan! I should have copied you originally when I emailed Andrea. Do you have the “list of damages that have been agreed upon for settlement directly with the Claimant to date so that we can update our records and process the damages accordingly.” requested by Carl Warren? From: Gloria Sanchez Sent: Thursday, June 8, 2023 3:26 PM To: Andrea Staehle <astaehle@palmdesert.gov> Cc: Amber Molina <amolina@palmdesert.gov> Subject: RE: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Hi, Andrea: Am I correct to assume you have the current agreed upon “list of damages” that Tim is asking for or is it Todd’s email response in the attachment? Thank you. From: Tim Varon <TVaron@carlwarren.com> Sent: Thursday, June 8, 2023 11:11 AM To: Gloria Sanchez <gsanchez@palmdesert.gov> Cc: Larry Mullen <lmullen@carlwarren.com>; Andrea Staehle <astaehle@palmdesert.gov>; Amber Molina <amolina@palmdesert.gov> Subject: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Gloria, Please find attached a copy of our Notification Letter for your records. Please forward over the City’s list of damages that have been agreed upon for settlement directly with the Claimant to date so that we can update our records and process the damages accordin Hi Gloria, Please find attached a copy of our Notification Letter for your records. Please forward over the City’s list of damages that have been agreed upon for settlement directly with the Claimant to date so that we can update our records and process the damages accordingly. 2 Have a great day! Tim Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this comm unication is strictly prohibited. If you have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. 1 Gloria Sanchez From:Gloria Sanchez Sent:Friday, June 9, 2023 8:56 AM To:Níamh Ortega; Anthony Mejia; Todd Hileman Cc:Andrea Staehle Subject:RE: Claim Form from Ms. Tammy Bennett Attachments:RE: 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Thank you. Yesterday, we received the attached email from Carl Warren who has already kicked started a case. Have a great weekend. From: Níamh Ortega <nortega@palmdesert.gov> Sent: Friday, June 9, 2023 4:17 AM To: Anthony Mejia <amejia@palmdesert.gov>; Todd Hileman <thileman@palmdesert.gov> Cc: Gloria Sanchez <gsanchez@palmdesert.gov> Subject: Claim Form from Ms. Tammy Bennett Good morning, Ms. Bennett dropped off the attached claim form yesterday during the Council meeting. She asked that both of you receive a copy of it. I gave Gloria the hard copy yesterday afternoon. Thank you, Niamh Sent from my T-Mobile 5G Device Get Outlook for Android . . Níamh M. Ortega Assistant City Clerk 760.776.6487 nortega@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: CityClerk@cpd.com <CityClerk@cpd.com> Sent: Thursday, June 8, 2023 2:58:57 PM To: Níamh Ortega <nortega@palmdesert.gov> Subject: Scan from City of Palm Desert City Clerk. 2 Please open the attached document. It was sent to you using a Xerox multifunction printer. Attachment File Type: pdf, Multi-Page Multifunction Printer Location: City Clerk Device Name: City Clerk Xerox For more information on Xerox products and solutions, please visit http://www.xerox.com 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Thursday, June 8, 2023 11:11 AM To:Gloria Sanchez Cc:Larry Mullen; Andrea Staehle; Amber Molina Subject:20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317 Attachments:We sent you safe versions of your files; 20230608 Bennett Palm Desert NOTIFICATION LETTER 3047317.pdf; FW: 3047317 - New Claim: CJPIA- Palm Desert Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hi Gloria, Please find attached a copy of our Notification Letter for your records. Please forward over the City’s list of damages that have been agreed upon for settlement directly with the Claimant to date so that we can update our records and process the damages accordingly. Have a great day! Tim Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. Important Notice: This email (including any attachments) is intended solely for the use of the individual or entity to which it is addressed, and may contain information that is confidential, proprietary, non-public and/or privileged. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you 2 have received this email in error, please delete it from your system and advise the sender immediately. Please be advised that we are unable to bind, endorse or amend coverage via voicemail, email, or facsimile until confirmed in writing by an authorized representative of this office. We accept no liability for any damage caused by any virus transmitted by this email. It is your responsibility to check this email (including any attachments) for viruses. PO Box 2411, Tustin, CA 92781 T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com CA License #2607296 June 8, 2023 Tammy Bennett 73-940 White Stone Ln. Palm Desert, CA 92260 RE: Claimant : Tammy Bennett Date of Loss : 4/24/23 Claim Filing Date : 5/20/23 Our File Number : 3047317 LMV Carl Warren & Company is the claims management company for the City of Palm Desert. The above-captioned claim has been assigned to Larry Mullen for handling. Mr. Mullen may be reached at 657-622-4309. When our investigation is complete, we will advise you as to whether or not we can recommend settlement. Very Truly Yours, CARL WARREN & CO. Timothy M. Varon Timothy M. Varon Claims Supervisor cc: Member Agency: City of Palm Desert, attn:Gloria Sanchez 1 Gloria Sanchez From:Tim Varon <TVaron@carlwarren.com> Sent:Thursday, June 8, 2023 11:08 AM To:Tim Varon Subject:FW: 3047317 - New Claim: CJPIA- Palm Desert Attachments:Mr. Robert Hargreaves-c1.pdf Importance:High Tim Varon | Claims Supervisor TVaron@carlwarren.com Tel: (657) 622-4287 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Chris Kustra <ckustra@carlwarren.com> Sent: Wednesday, May 31, 2023 10:34 AM To: PublicEntity Claims <PublicEntityClaims@carlwarren.com> Cc: Tim Varon <TVaron@carlwarren.com> Subject: 3047317 - New Claim: CJPIA- Palm Desert Importance: High Please assign to Tim Varon as follows: Claimant Name Tammy Bennett DOL 4/25/2023 Accident Facts Woman's house damaged by construction project. Accident Location 73-940 White Stone Lane, Palm Desert, CA 92260 LOB General Liability Reserve Property Damage Company PD-Streets/Roads Loss Causation Equipment Use Occurrence Location Other Right of Way Severity Code Inverse Condemnation Root Cause Operational Inattention Thank you. 2 Chris Kustra | Claims Director ckustra@carlwarren.com Tel: (657) 622-4311 | Fax: (866) 254-4423 Carl Warren & Company, LLC | A Venbrook Company CA Entity License No: 2607296 PO Box 2411, Tustin, CA, 92781 Because Quality and Integrity Matter... please EMAIL my Supervisor about the service you received. From: Alex Mellor <amellor@cjpia.org> Sent: Wednesday, May 31, 2023 10:23 AM To: Paul Zeglovitch <pzeglovitch@cjpia.org>; Tim Varon <TVaron@carlwarren.com > Subject: FW: From Tammy Bennett FYI From: Andrea Staehle <astaehle@palmdesert.gov> Sent: Wednesday, May 31, 2023 10:19 AM To: Alex Mellor <amellor@cjpia.org> Cc: Amber Molina <amolina@palmdesert.gov> Subject: FW: From Tammy Bennett 3 *CAUTION: External Sender. Do not click links or open attachments unless you recognize the sender and know the content is safe.* FYI… may be important for our call today. . . Andrea Staehle Human Resources Manager 760.776.6337 astaehle@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: Todd Hileman <thileman@palmdesert.gov> Sent: Wednesday, May 31, 2023 10:08 AM To: Chris Escobedo <cescobedo@palmdesert.gov>; Andrea Staehle <astaehle@palmdesert.gov>; Ryan Gayler <rgayler@palmdesert.gov>; Jess Culpeper <jculpeper@palmdesert.gov>; Isra Shah (isra.shah@bbklaw.com) <isra.shah@bbklaw.com> Subject: FW: From Tammy Bennett . . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 . From: tammybennettbydesign@gmail.com <tammybennettbydesign@gmail.com> Sent: Wednesday, May 31, 2023 9:48 AM To: Todd Hileman <thileman@palmdesert.gov> Subject: Re: From Tammy Bennett I don’t understand how it is okay with the city to put my life on hold? I must be compensated for this HUGE I convince. This whole scenario could have been avoided if the city was doing its job. By the way I’m being interviewed with the news today. Tammy Bennett On May 25, 2023, at 3:33 PM, Todd Hileman <thileman@palmdesert.gov> wrote: 4 Good Afternoon Tammy: In response to your email, I am enclosing the correspondence I shared with you the other day offering to resolve all construction related impacts that we are aware of to your satisfaction. Ryan Gayler will be personally overseeing these items, as promised. In terms of your request for remuneration for items 2-5 below, I am unable to provide you with a discretionary cash payout at this time of items that cannot be quantified. As I stated to you the other day, if we have a direct correlation between the construction project and the delay you encountered which resulted in a higher project cost for your remodel, for instance, that is something that I would have the authority to be able to resolve; however, at the time you indicated that your contractor was honoring his pricing. I am including for you a fillable “claim against the city” form that you may return to Andrea Staehle, Human Resources Manager, who is responsible for coordinating claims losses with our risk management provider. Please let me know if you have any further questions. Regards, Todd Hi Tammy: First of all, thank you for stopping in to City Hall to discuss your outstanding concerns regarding the Whitestone construction. I am taking a moment to memorialize our action steps that we agreed to and copying Ryan in, as he has been given full autonomy to work with you until everything is resolved to your satisfaction. You have Ryan, Chris Escobedo, and me at your disposal while this project is underway. 1. Manhole in front yard: I committed to you that this manhole will be buried from view. 2. Driveway: I would appreciate the picture you took of the Jacobson vehicle in your driveway. Ryan will be following up with them about this and will also be coordinating the replacement of the two sections of your driveway apron as part of the project closeout. 3. Landscaping: Ryan will work to ensure that the front yard is flattened to the extent possible and will coordinate with your landscaper to restore the yard to its original intent and design until you are satisfied. 4. Street Trees: Ryan is coordinating with an arborist to ensure that the existing trees remain healthy to the extent possible in an effort to maintain the tree scape along Whitestone. 5. Paving Date: While May 31 continues to be the goal, Ryan will stay on the contractor to make our best efforts to meet that paving date. I have asked him to follow up today’s neighborhood meeting with an update early next week to keep you and your neighbors informed. 5 6. Rental Car: I authorized a rental car for you today through May 31. If the paving is not completed by then, we will cover that cost. Please provide Ryan and/or me the receipt to make you whole. 7. Construction project delay: Please let me know if there is an upcharge and I will cover it. Let me think about a fair resolution on this issue while we are closing things out and please let me know when the construction will commence. Thanks, Todd . <50yearsresized_32178492- 0560-4444-b657- c0c208d02055.png> . Todd Hileman City Manager 760.776.6305 thileman@palmdesert.gov | www.palmdesert.gov 73510 Fred Waring Drive, Palm Desert, CA, 92260 <memorialday2023emailsig(1)_71d5bacb-24f0-4b2a-8717- d5219b5cca14.jpg> . From: Tammy Bennett <tammybennettbydesign@gmail.com> Sent: Thursday, May 25, 2023 1:42 PM To: Todd Hileman <thileman@palmdesert.gov>; Kathleen Kelly <kkelly@palmdesert.gov> Subject: From Tammy Bennett In reference to our meeting on Tuesday, May 23, 2023, I'd like to ask the city to generate a written proposal addressing the compensation due to damages sustained from the project on White Stone Lane. As a reminder the following items must be addressed: 1) Restoring my yard to its full splendor, which includes moving the manhole cover, my driveway, landscaping, and the topography of the property. 2) Compensation for the temporary use of my property which has restricted the use and enjoyment of the property. 3) Compensation for any temporary or permanent loss(es) that have been incurred as a result of the project, including but not limited to the loss of my contractor. 6 4) My July 4th guests have already made their arrangements, and since my house is in shambles, I'm requesting acceptable hotel accommodations for 4 people (2 rooms) from July 1 through July 4. 5) Compensation for stress, anxiety and loss of productivity. I request the written proposal be submitted no later than June 1, 2023. Hopefully we can come to a fair and reasonable settlement. Sincerely, Tammy Bennett <2022 Claim Against the City-Fillable.pdf> May 20, 2023 Mr. Robert Hargreaves BEST BEST and KRIEGER City Aꢀorneys for Palm Desert CA 74-800 California 111 #200 Indian Wells, 92210 (760) 837-1604 Dear Mr. Hargreaves, Recently I was dining with one of my closest friends, Rose Sweet. I explained everything happening to White Stone Lane and parꢁcularly our property. Since Rose is very familiar with this sort of scenario, I solicited her advice on retaining legal counsel. She said she knows you and considers you to be a fair man, and suggested I reach out to you first, before pursuing the alternaꢁve. So that is what I’m doing. The following will give you a glimpse into the uncertainty my husband and I have been anxiously suffering through the past few weeks. Re: White Stone Lane Street Improvements I have been horrified that the City has literally blocked me from my property, including service works, contractors, and others when I am in the middle of an expensive and ꢁme -sensiꢁve remodel of my home. They have also entered and encroached upon my lot. I understand the City has the right to temporarily access, use and change my privately owned property for the public good, but based on these condiꢁons: 1 – to properly noꢀfy me in wriꢀng and give me sufficient advance noꢀce On April 20, 2023, Jacobsson Engineering Construcꢀon Inc., taped a noꢀce of street improvements to my front door. It stated the work was to begin April 24, 2023, giving very liꢁle noꢀce to the residents that reside on White Stone Lane. It also stated the residents would have “limited” access to their driveways. Within minutes of reading the leꢁer I tried to contact the Project Manager, Erik Jacobsson, but he did not answer his phone, so I leꢂ a message. The ꢀming of this project directly interfered with my kitchen remodel which was to begin the same week. I also had deliveries for the remodel scheduled that week. All of which had to be canceled. To make things even worse, my husband and I had recently spent more than $13,000.00 having the yard professionally landscaped. And now the new landscaping was to be destroyed. And why? Because the City of Palm Desert did not communicate this in a ꢀmely manner with the residents on White Stone Lane. A project of this magnitude should have been brought to the homeowners aꢁenꢀon months ago, so we could have properly prepared. If there would have been ꢀmely communicaꢀon, I would not have gone to the great expense of having my yard beauꢀfied or my kitchen remodel scheduled, which also includes new flooring throughout my home. As it is now, I do not have a funcꢀoning kitchen and I have lost my contractor. I have a coffee maker and microwave. This is a huge inconvenience. On a side note, the work was scheduled to be completed before my house guests arrive over July 4. I now think I will need to uninvite them. When I can’t even receive guests into my own home because the City of Palm My current kitchen- coffee maker and microwave Leꢀer taped to my front door on April 20, 2023 Desert chose to ignore the ciꢀzens they are supposed to serve, this infringes on my rights as a homeowner. 2 – to not unreasonably obstruct and to provide reasonable alternate vehicle access to and from my property so that I (and others) may come and go as needed Access to my home has been restricted. Large construcꢀon equipment has forced me to drive through the golf course to come and go from my home. Not to menꢀon, I have found large 6-inch nails at the foot of my driveway. It’s very dangerous and causes me great anxiety every ꢀme I leave my house and navigate through the obstacle course presented to me by Jacobsson. 3 – to compensate me for the temporary use of my property when workers encroach upon, use, or otherwise change and restrict my full use and enjoyment of any part of my property. Restricted access by construcꢁon equipment 6-inch nail found in my driveway No access to my driveway On April 25, 2023, Jacobsson started demolishing my yard, and my property hasn’t been the same since. My beauꢀful new landscape is gone. Jacobsson did not even try to preserve my plants, they just leꢂ them to die. What a sin! Not to menꢀon they have done great harm to the large historic trees that line White Stone Lane and the Historic Shadow Mountain Golf Course. The trees are showing great signs of stress and I don’t know if they will ever recover from the negaꢀve effects of this unnecessary project. To install a drainpipe Jacobsson dug a gargantuan hole in my front yard, measuring approximately 8 feet wide, 30 feet long and 12 feet deep. This has changed the whole topography of my yard. They have also installed a manhole cover right in the middle of my yard. I did not grant the city permission to do so. The manhole cover could have been placed elsewhere but instead they disrespected me as the homeowner and placed it in my yard. I have been informed my yard will repeatedly be disrupted to clean the thing out. This is inexcusable. As it is now and apparently in all the future, I will not have the liberty to enjoy the privacy of my own yard or allow my dogs out into the yard. Again, this infringes upon my rights as a tax paying ciꢀzen of Palm Desert. 4 – to compensate me for any temporary or permanent loss(es) that have been incurred as a result of the project. Start of demoliꢁon Historic Trees on White Stone Lane stressed Gargantuan hole dug right up to the edge of my unsupported driveway Manhole cover I understand the Fair Market Rental Value of my property would be a way of compensaꢀng me for this. What method does the City of Palm Desert intend to include as my compensaꢀon, when will it be determined, and how and when will it be received? This compensaꢀon is to also include monthly rental space and the inconvenience of regular access to the manhole cover. In addiꢀon, I demand the city compensate me $1000.00 per day for the loss of my contractor, and delay in my kitchen remodel, including the flooring that was to be installed throughout my home. This will be calculated according to when my contractor is able to reschedule the job. Currently my flooring is stored in the porꢀco in front of my house. Should it be stolen before it can be installed the City of Palm Desert will also be responsible for replacing it. I also expect my yard, landscaping, and the topography of my yard to be leꢂ the same or “beꢁer” than it was found before the road improvements began. Approved site plans show a finished slope of our yard at 3.48%, which is too steep for DG. We will lose our yard in rain, which is what this whole thing was supposed to remedy. Flooring siꢂng in front of my house waiꢁng to be installed My landscaping and topography prior to demo Current topography The next item of compensaꢀon is my driveway. I have security camera footage of heavy equipment driving on my driveway, causing large cracks and crumbling. Also note, that when Jacobsson dug the gargantuan hole in my yard, it went right up to my driveway and Jacobsson did not support my driveway in any way shape or form. I insist my driveway to be fully replaced upon compleꢀon of the road improvements. Lastly, under great stress, strife and frustraꢀon I have agonized and spent numerous hours trying to protect my property from being negaꢀvely impacted by this project. It is very likely this project has decreased the value of our home. My husband and I spent over 20 years moving around while he served in the US Navy. This was our dream home. It was supposed to be our reꢀrement home, or safe space, but the city has turned it into an absolute nightmare. This whole avoidable ordeal has been detrimental to our over all well-being and producꢀvity. In conclusion, for all the undeniable stress, anxiety, agony and anguish the city has caused us, we are requesꢀng $746,000.00 in pain and suffering. 5 – To return any damaged or otherwise changed parts of my property to their original condiꢀon. I assume the city and Jacobsson took photos prior to the demoliꢀon. I would like to see them, and I want to know when the restoraꢀon of my property will begin and the ꢀmeline of compleꢀon. I request absolute guarantees and warranꢀes on all needed work. Heavy construcꢁon equipment driving across the corner of my driveway. Noꢁce the cracking. As I menꢀoned earlier, I expect my driveway, landscaping, and topography of my yard to be restored to the same condiꢀon it was in or “beꢁer” than it was found before the road improvements began. I understand these may have been a series of unintended oversights on the part of the City of Palm Desert, but I sꢁll demand reasonable resoluꢁons, reimbursements, and resꢁtuꢁon. Please respond asap. I would like to avoid liꢁgaꢁon and come to a reasonable agreement, but if I do not hear back shortly, I am considering legal recourse to resolve these concerns and issues. Tammy Benneꢀ 73-940 White Stone Lane Palm Desert, CA 92260 (805) 798-1686 My yard aꢃer new landscaping