HomeMy WebLinkAboutC18420 Katz/Broz Partners - Release of Imprvmnt Reimbursement AgrmntCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: KATZ/BROZ PARTNERS RELEASE OF BOND AND RECORDING OF
PERFORMANCE RELEASE CONTRACT NO. C18420
FROM: PAT CONLON, SPECIAL PROJECTS ADMINISTRATOR
DATE: JUNE 10, 2004
CONTENTS: NOTICE OF PERFOMANCE AND RELEASE FOR IMPROVEMENT
REIMBURSEMENT AGREEMENT
Recommendation:
By minute motion:
1) Authorize the execution and recording of the above document
2) Authorize the release of payment security bond for the above contract
Discussion:
Katz/Broz Partners owns vacant property on the north side of Fred Waring Drive west of the
Baptist church. To facilitate the removal of the final set of overhead utility lines in front of their
property, the City of Palm Desert agreed to do this work if Katz/Broz Partners agreed to pay the
city back.
On January 11, 2001 the City Council agreed to Contract No. C18420 and the reimbursement
agreement was recorded on the subject property and secured by a payment bond.
On May 18, 2004, the Katz/Broz Partners fulfilled their repayment contract with the City of Palm
Desert. Their $147,916.27 payment included costs for all accrued interest, staff time, and City
Attorney time necessary to administer the under grounding project and reimbursement
agreement.
Please call me at Ext. 386 if you have any questions.
Submitted by:
Pa Conlon
Conlon
Approval:
Paul Gibson
Special Projects Administrator Director of Finance/City Treasurer
A-Le-tQa)
Dave Erwin
City Attomey
Carlos L. Ort
City Manager
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CITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: KATZ/BROZ PARTNERS RELEASE OF BOND AND RECORDING OF
PERFORMANCE RELEASE CONTRACT NO. C18420
FROM: PAT CONLON, SPECIAL PROJECTS APMINISTRATOR
DATE: JUNE 10, 2004
CONTENTS: NOTICE OF PERFOMANCE AND RELEASE FOR IMPROVEMENT
REIMBURSEMENT AGREEMENT
Recommendation:
By minute motion:
1) Authorize the execution and recording of the above document
2) Authorize the release pf payment security bond for the above contract
Discussion:
Katz/Broz Partners owns vacant property on the north side of Fred Waring Drive west of the
Baptist church. To facilitate the removal of the final set of overhead utility lines in front of their
property, the City of Palm Desert agreed to do this work if Katz/Bro2 Partners agreed to pay the
city back.
On January 11, 2001 the City Council agreed to Contract No. 018420 and the reimbursement
agreement was recorded on the subject property and secured by a payment bond_
On May 18, 2004, the KatafBroz Partners fulfilled their repayment contract with the CitY of Palm
Desert. Their $147,916.27 payment included costs for all accrued interest, staff time, and City
Attorney time necessary to administer the under grounding project and reimbursement
agreement.
Please call me at Ext_ 386 if you have any questions.
Submitted by:
Pat' Conlon
Special Projects Administrator
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Approval:
Paul Gibson
Director of Finance/City Treasurer
Carlos L. Ort
City Manager
Received Jun-02-04 02:00pm From-7603406688 To -PALM DESERT CITY CLE Page 02
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
(Space above this line for Recorder's Use)
APN: 640-040-006
NOTICE OF PERFORMANCE AND RELEASE FOR
IMPROVEMENT REIMBURSEMENT
AGREEMENT
CITY OF PALM DESERT
&
KATZBROZ PARTNERS
(Title of Document)
RMBUSUCT235565.1
NOTICE OF PERFORMANCE AND RELEASE FOR
IMPROVEMENT REIMBURSEMENT AGREEMENT
THIS NOTICE OF PERFORMANCE AND RELEASE FOR IMPROVEMENT
REIMBURSEMENT ("Notice") is made this day of , 2004
by the CITY OF PALM DESERT, a California municipal corporation ("City").
RECITALS
A. City and Katz/Broz Partners ("Developer") entered into that certain Improvement
Reimbursement Agreement ("Agreement") dated January 11, 2001, recorded on February 26,
2001 as Instrument No. 075967 in the Official Records of the County of Riverside, California, in
connection with improvements to the real property described by Exhibit "A", attached hereto and
incorporated herein by this reference.
B. City and Developer have fully performed under the Agreement and City desires to
acknowledge Developer's performance, notify and release Developer accordingly, and permit
recording notice thereof in the Official Records of Riverside County.
NOW, THEREFORE, City declares the following:
1. City acknowledges and hereby provides notice that Developer has fully performed
Developer's reimbursement and payment obligations under the Agreement.
2. In accordance with the Recitals, acknowledgements and notices herein contained,
City hereby releases and discharges Developer and its representatives, principals, partners,
members, agents, servants, employees, officers, directors, shareholders, sureties, assigns,
successors, and attorneys, of and from any and all claims, demands, debts, liabilities, obligations,
costs, expenses, damages, actions, and causes of action of any kind, nature, or description,
whether known or unknown, based on, arising out of, or in connection with any matter, fact, or
event relating to the Agreement.
City acknowledges its understanding that the provisions hereof constitute a full general
release with respect to the subject matter, and City hereby waives any and all rights it may have
now or hereafter with respect to Developer originating from Section 1542 of the California Civil
Code as previously expressed or as amended hereafter which reads as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE WHICH IF KNOWN BY HIM MAY HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR." (California Civil Code § 1542.)
3. City shall deliver this Notice to Developer following execution, whereafter
Developer may record this Notice in the Official Records of the County of Riverside.
1
RMBUSUC11235565.1
IN WITNESS WHEREOF, City has caused this Notice to be executed as of the date first
written above.
CITY OF PALM DESERT
a California municipal corporation
Robert Spiegel, Mayor
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO FORM:
Robert W. Hargreaves, Deputy City Attorney
2
RMBUSVCT235565.1
EXHIBIT "A"
That portion of the Southeast quarter of the Southwest quarter of the Southeast quarter of
Section 18, Township 5 South, Range 6 East, San Bernardino Meridian, in the City of Palm
Desert, County of Riverside, State of California, according to the official plat thereof, described
as follows:
Beginning at on the South line of said Section South 89° 12' West, 330.00 feet from the
Southwest corner of Palm Dell Estates, as per Map recorded in Book 21, page 66, of Maps, in the
office of the County Recorder of said County, said point being the Southwest corner of that
certain parcel conveyed to the Southern California Baptist Convention by deed recorded
September 26, 1961 as Instrument No. 82055 in Book 2988, page 71, Official Records;
thence continuing South 89° 12' West, 330.00 feet on said South line;
thence North 0° 06' 30" West, 396.00 feet, parallel with the West line of said parcel;
thence North 89° 12' East, 330.00 feet, parallel, with the South line of said Section to the
Northwest corner of said parcel;
thence South 0° 06' 30" East, 396.00 feet, on the West line of said parcel to the Point of
Beginning.
Except that portion conveyed to the County of Riverside by deed recorded December 21,
1964 as Instrument No. 151386, Official Records.
3
RMBUSUCI\235565.1
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
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On , 2004 before me, a Notary Public, personally
appeared , proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
RMBUSUCT\235565.1