HomeMy Public PortalAbout68 West River Street Landscape and Lighting DistrictTown of Truckee
California
RESOLUTION 2022--68
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE
APPROVING THE FORMATION, CONFIRMING DIAGRAM AND ASSESSMENTS,
AND ORDERING MAINTENANCE AND OPERATIONS FOR
WEST RIVER LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1
FOR FISCAL YEAR 2023/2024
WHEREAS, on September 13, 2022, the Town Council adopted Resolution 2022-56
entitled “Resolution of the Town Council of the Town of Truckee Declaring Its Intention to Order
Formation and to Levy and Collect Assessments Within the Landscaping and Lighting
Assessment District for Fiscal Year 2023/2024” (the “Resolution of Intention”) stating its intention
to form the “West River Landscaping and Lighting Assessment District No.1” (the “Assessment
District”) pursuant to the provisions of Part 2 of Division 15 of the Streets and Highways Code of
the State of California (The Landscaping and Lighting Act of 1972).
WHEREAS, November 8, 2022, was the time and date set for hearing objections to the
levying of said assessments; and
WHEREAS, the assessment ballot and notice of public hearing were provided for the time
and manner required by law; and
WHEREAS, at the appointed time and place said hearing was duly and regularly held,
and all persons desiring to be heard were given an opportunity to be heard, and this Town
Council thereby acquired jurisdiction to order said levy and confirmation of the boundary map
and assessment prepared by and made a part of the Engineer's Report (attached hereto as
Exhibit A) to pay the costs and expenses thereof.
* * * * * *
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TRUCKEE, HEREBY FINDS AND DECLARES AS FOLLOWS:
1. The property owners responsible for more than 50 percent of the proportional
financial obligation of ballots submitted by the affected properties within the
West River Landscaping and Lighting Assessment District No.1 (District) had,
at the conclusion of the hearing, voted in favor of the proposed levy of
assessments.
2. The public interest, convenience and necessity require that the levy be made.
3. The District benefited by said improvements and to be assessed to pay the
costs and expenses thereof, and the exterior boundaries thereof, are as shown
by a map thereof contained in the Engineer's Report and filed in the office of the
Town Clerk, which map is made a part hereof by references thereto.
4. The assessments set forth in said report now constitute liens upon the lots or
parcels of land described in said report, and that the territory to be included in
the said district is as shown by a map thereof comprising part of said report and
filed in the office of the Town Clerk.
5. The assessment to pay the costs and expenses of the maintenance of
DocuSign Envelope ID: 8DB0DAA7-5F2B-454A-8EC3-2F3B4EB2AD87
said improvements is hereby levied.
6. This Town Council expressly finds and determines (a) that each of said lots and
parcels of land will be specially benefited by the maintenance and operations
of the improvements at least in the amount, if not more than the amount, of the
assessment apportioned against the lots and parcels of land, respectively,
and (b) that there is substantial evidence to support, and the weight of said
evidence preponderates in favor of, the aforesaid finding and determination as
to special benefits.
7. Immediately upon the adoption of this Resolution, the Town Clerk shall file
a certified copy of the assessments with the Treasurer-Tax Collector of Nevada
County. Upon such filing, the County Treasurer-Tax Collector shall enter on the
County assessment roll opposite each lot or parcel of land the amount of
assessment thereupon as shown in the assessment. The assessments shall
be collected, at the same time and in the same manner as County Taxes are
collected and pursuant to all laws providing for the collection and enforcement
of the assessments. After collection by the County of Nevada, the net amount
of assessment after deduction of any compensation due the County for
collection, shall be paid to the Director of Administrative Services for the Town
of Truckee.
8. Upon receipt of moneys representing assessments collected by the County, the
Director of Administrative Services of the Town of Truckee shall deposit the
moneys in a Special Revenue Fund, which Special Revenue Fund the Director
of Administrative Services of the Town is hereby directed to establish under the
distinctive designation of said maintenance assessment district. Moneys in said
improvement fund shall be expended only for the maintenance and operations
of said improvements.
The foregoing Resolution was introduced by Vice Mayor Romack, seconded by
Council Member Klovstad at a Regular Meeting of the Truckee town Council, held on the
8th day of November 2022, and adopted by the following vote:
AYES: Vice Mayor Romack, Council Member Klovstad, Council Member
Zabriskie, Council Member Polivy and Mayor Henderson.
NOES: none.
ABSENT: none.
________________________________
Courtney Henderson, Mayor
ATTEST:
______________________________
Judy Price, MMC, Town Clerk
DocuSign Envelope ID: 8DB0DAA7-5F2B-454A-8EC3-2F3B4EB2AD87
Town of Truckee, California
Fiscal Year 2023/2024
Prepared by:
Kristin Lowell, Inc.
West River Street
Landscaping and Lighting Assessment District No. 1
Engineer’s Report
Table of Contents
Introduction ............................................................................................... 1
Certificates ................................................................................................ 2
Engineer’s Statement ............................................................................... 3
Engineer’s Report:
EXHIBIT A: Plans and Specifications ..................................... 4
EXHIBIT B: Estimate of Cost ................................................... 7
EXHIBIT C: Special and General Benefits .............................. 8
EXHIBIT D: Method of Apportionment .................................. 10
EXHIBIT E: Assessment Roll ................................................ 12
Attachment:
Attachment A: Boundary Map
Attachment B: Assessment Allocation Map
Attachment C: Loan Agreement between the Town of Truckee
and Matthew and Wendy Brown
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 1 of 12
INTRODUCTION
The Town of Truckee (“Town”) proposes to maintain sidewalk and landscape facilities in Truckee,
California along a segment of West River Street between 10331 West River Street on the west to
Bridge Street on the east including the portion of Bridge Street between South River Street to the
railroad track crossing, and Mill Street. The proposed project intends to improve pedestrian safety
by reducing vehicle speeds; providing intersection control, crosswalks, and sidewalks; and
reducing potential conflicts between motorists, pedestrians, and cyclists. As part of the work in
the area, the Town has acquired easements from the railroad for the sidewalks and public parking
lots and will reconfigure public parking. The proposed project would also include landscaping and
streetscape features to beautify the corridor.
The downtown Truckee area south of the railroad tracks is undergoing a major transformation.
The Town is undertaking numerous improvement projects within the West River Landscape and
Lighting District boundary that include:
West River Streetscape- The Project will install sidewalks, cross walks, a pedestrian median
island, landscaping, lighting; underground utilities; create new public parking; and reconfigure
existing public parking.
Reimage Bridge Street-The Project is located on Bridge Street at the Donner Pass Road and
East/West River Street intersections on either side of the railroad tracks. The Project will install
new and connect existing sidewalks, as well as install traffic signals with crosswalks at the Bridge
Street/West/East River Streets and Bridge Street/Donner Pass Road intersections. A quiet zone
is intended to be established at the railroad crossing, which will require new vehicle and
pedestrian gates and replacement of the existing railroad track crossing.
Legacy Trail-Brockway Road Multi-Use Trail Connection-The Project will construct a multi-use
trail along the south side of Brockway Road between Palisades Drive and the Truckee River
bridge. This project was completed in the summer of 2021.
West River Street Park-The Project redevelops the Old County Corp Yard lot at the corner of
West River Street and Mill Street, providing a riverfront park, commercial partnership
opportunities, streetscape improvements, a pedestrian median island, utility undergrounding, and
a location for the northern abutment of the Truckee Springs Pedestrian Bridge connection to the
Legacy Trail located on the south side of the Truckee River.
The formation of the Landscaping and Lighting Assessment District (District), proposed
improvements, method of apportionment and assessments described in this Report are based on
the current streetscape improvements, landscaping, and lighting plans including all estimated
direct expenditures, incidental expenses, and reserves associated with the maintenance and
servicing of the proposed improvements. The detailed plans and specifications are on file with
the Town. Only the Annual Maintenance services will be funded through the Landscaping and
Lighting District and are subject to this Engineer’s Report.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 2 of 12
CERTIFICATES
The undersigned respectfully submits the enclosed report as directed by the Town Council.
Dated: September 1, 2022
TERRANCE E. LOWELL, P.E.
for Kristin Lowell Inc.,
Engineer of Work
By __________________________________
I HEREBY CERTIFY that the enclosed Engineer’s Report was filed with Town Clerk, Town of
Truckee on the ________ day of ______________, 2022.
By_________________________________
Town Clerk
Town of Truckee
I HEREBY CERTIFY that the enclosed Engineer’s Report was approved and confirmed by the
Town Council of the Town of Truckee, California, on the ______ day of ______________, 2022.
By_________________________________
Town Clerk
Town of Truckee
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 3 of 12
ENGINEER’S REPORT
Terrance E. Lowell, Engineer of Work for the West River Street Landscaping and Lighting
Assessment District No. 1 (“District”) for the Town of Truckee (“Town”), Nevada County,
California, makes this report as directed by the Town Council, pursuant to Section 22585 of the
Streets and Highways Code.
This report includes the following attached exhibits:
EXHIBIT A: A description of the proposed improvements.
EXHIBIT B: The estimate of cost of the improvements.
EXHIBIT C: An analysis of the special and general benefits.
EXHIBIT D: A statement of the method by which the undersigned determined the amount
proposed to be assessed against each parcel, based on the special benefits to be derived by
each parcel, respectively, from the improvements.
EXHIBIT E: An assessment roll, listing the names and addresses of the owners of real property
within the assessment District and the amount proposed to be specially assessed against each
parcel of real property.
EXHIBIT F: Proposed maximum annual assessment per parcel for District administration costs
and expenses.
Respectfully submitted,
TERRANCE E. LOWELL, P.E.
Engineer of Work
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 4 of 12
EXHIBIT A: PLANS AND SPECIFICATIONS
The Landscaping and Lighting Act of 1972 allows the Town to raise funds for acquiring land(s),
for installing, constructing, maintaining, and servicing public improvements as defined in Section
22525 of the Streets and Highways Code. Incidental expenses including legal fees, engineering
fees and all other costs associated with the formation and administration of the assessment
District as defined in Section 22526 of said Code may also be included.
The following descriptions are allocated between the Capital Improvements and Annual
Maintenance for the West River Streetscape Project, the West River Street Park, Reimagine
Bridge Street and Legacy Trail-Brockway Road Multi-Use Trail Connection. Only the Annual
Maintenance costs and services will be funded through the Landscaping and Lighting District and
are subject to this Engineer’s Report.
Capital Improvements
The capital improvement projects listed below will be funded through a combination of Measure
V Sales Tax Fund, Traffic Impact Fees, General Fund, Measure R (or renewed Measure U) Sales
Tax Fund, Local Partnership Program (LPP) grant funds, and an Affordable Housing and
Sustainable Communities Program (AHSC) Grant. The construction for the projects is not funded
through the District. Only the annual maintenance of the projects is funded by the District.
The Legacy Trail-Brockway Road Multi-Use Trail Connection Project was constructed in the
summer of 2021. The West River Streetscape Project is scheduled to start construction in 2023.
West River Street Park and Reimagine Bridge Street are scheduled for construction starting in
2024 or 2025. The Projects will include 6 foot or wider sidewalks within the District, crosswalks,
traffic signals at Bridge Street and East/West River Streets, pedestrian median islands, lighting,
landscaping, public parking, undergrounding utilities, and storm drain/water quality
improvements.
Roadway Improvements
The proposed roadway improvements include:
• Repaving Bridge Street, West River Street, and Mill Street.
• Restriping the roadways to maintain one travel lane in each direction, accommodate
pedestrian islands, and maintain bike lanes on Bridge Street and West River Street west
of Mill Street.
• Constructing raised pedestrian median islands in the center of the roadway.
• Traffic signals at the intersection of Bridge Street and East/West River Street.
Pedestrian Improvements
The proposed pedestrian improvements include:
• Constructing new sidewalks to close gaps and create continuous sidewalks on both sides
of West River Street, Bridge Street from South River Street to the train tracks, and Mill
Street.
• Constructing raised pedestrian median islands in the center of the roadway with
crosswalks.
• Constructing multiple mid-block crosswalks.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 5 of 12
• Constructing an accessible path of travel between parking and businesses and curb
cuts/driveways to comply with Americans with Disabilities Act (ADA) standards.
• Constructing public outdoor spaces to activate the streetscape and improve business
vitality.
• Constructing vegetated areas and landscaping to improve aesthetics.
• Constructing new street lighting at pedestrian crossings and parking lots to improve
visibility.
Parking And Snow Storage Improvements
Proposed public parking and snow storage areas include:
• Parallel parking stalls on the south side of West River Street between curb cuts have been
incorporated where available.
• Loading zones have been designed in key areas near businesses.
• The Jax Diner parking lot will be reconfigured and a new parking lot at the Mill Street
intersection will be constructed.
• Both parking lots will have landscaping strips that can also be used for snow storage.
Utility and Drainage Improvements
Proposed drainage improvements will include:
• Drainage improvements will be constructed including new and replaced pipes and drain
inlets and new and replaced curb and gutter.
• New BMPs will be constructed to treat the new parking lot impervious areas.
• Re-contouring the roadway to reduce drainage issues at low elevation buildings.
Proposed Utility Improvements will include:
• The overhead utilities along West River Street will be undergrounded from 10331 West
River Street to approximately 10061 East River Street, along Mill Street, and along Bridge
Street between West River Street and the railroad tracks.
• Utility connections to individual buildings will be modified as necessary to accommodate
the underground connections.
• New transformers will be installed.
• Acquisition of license agreements for utilities.
Landscape and Irrigation Improvements
The proposed landscaping improvements include:
• Landscaping buffer strips along the north sides of the parking lots and can be used as
snow storage areas.
• Landscaping will be incorporated in the parking lot sidewalks and wider sidewalk areas
where feasible.
• Raised landscaping boxes with seat walls or benches may be incorporated in wider
sidewalk areas.
• Landscaping will be irrigated with automatic sprinklers with a central remote controller that
Town Facilities Division will have access to. All irrigation equipment has been designed
with ease of winterization in mind. Irrigation on private property will not be included in the
maintenance district and is the private property owners’ responsibility.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 6 of 12
Railroad Crossing Improvements
The Reimagine Bridge Street Project will construct traffic signals and connected sidewalks at the
Bridge Street and West/East River Street intersection and across the railroad tracks. As part of
this project, railroad crossing improvements will be made, such as vehicle gate replacement and
pedestrian access gates on both sides of Bridge Street.
Annual Maintenance
The annual cost for maintenance of all the sidewalks and landscaped corridors throughout the
District will be funded through the Landscape and Lighting Assessment District and are subject
to this Engineer’s Report.
Sidewalk Maintenance
Annual sidewalk maintenance includes snow removal once daily during snowstorm events
(approximately 25 times per year) without the use of de-icing agents. Snow removal will include
the clearing of a 6-foot wide path along sidewalks. This also includes snow removal across
driveways to clear a path for sidewalk continuation. Sidewalk maintenance also includes
sweeping approximately 2 times per year to remove sediment and debris and trash removal.
In addition, the maintenance services also include necessary snow off-hauling during heavy
winter storm events. Off-hauling services will be commissioned on an “as needed” basis
depending on varied annual snow accumulations where the snow that is removed from the
sidewalks cannot be treated in another fashion. The entire cost of snow off-hauling services
associated with snow that falls within the district boundary that is within the right of way and Town
easements will be provided by the Town.
Maintenance will include repairing or replacing damaged areas or infrastructure such as bike
racks, benches, pavers, or driveway aprons, as needed. Maintenance also includes trash pick-
up, garbage can and parking kiosk snow removal, streetlight utility fees, and repair and
maintenance of street lighting.
Landscaping
Annual landscaping services include weeding, water service, backflow maintenance, irrigation
maintenance and repair, plant replacement, and all other necessary maintenance to ensure fully
functional landscaping along the corridor.
Utilities
Utilities will be undergrounded along West River Street, which is an easement over Union Pacific
Railroad Property. The existing utilities will require license agreements in railroad property and
will require an annual fee for each utility.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 7 of 12
EXHIBIT B: ESTIMATE OF COST
The following table is the proposed budget for Fiscal Year 2023/24.
EXPENDITURES BUDGET % of Budget
Sidewalk Maintenance $64,700 71.65%
Snow removal, sidewalk sweeping, curb
and gutter replacement
Street Lighting $2,700 2.99%
Landscaping $6,900 7.64%
District Administration/Reserve $16,000 17.72%
Total Expenditures $90,300 100.00%
REVENUES
Assessment Revenues $73,907 81.85%
Other Revenues (1) $16,393 18.15%
Total Revenues $90,300 100.00%
(1) Cost associated with the Town’s obligation to pay for the general benefit.
Budget Notations
The annual budget may be adjusted each year to reflect the annual change in the Consumer Price
Index (CPI) for the calendar year preceding the fiscal year for which the assessment is to be
levied. Annual increases for the CPI shall be determined by the Town Council.
The Landscaping and Lighting Act of 1972 requires that the Town establish a special fund for the
revenues and expenditures of the assessment District. The Town shall use the assessment
revenue only for the purposes as stated herein. Any fund balance remaining at the end of a fiscal
year must be carried over to the next fiscal year for up to five years. The Town may accrue
revenues over a period of five years with the intent to expend that revenue by the end of the fifth
year.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 8 of 12
EXHIBIT C: SPECIAL and GENERAL BENEFITS
Special Benefit Analysis
All special benefits derived from the assessments outlined in this report are for property related
services directly benefiting each individual assessed parcel in the District. The special benefit
must affect the individual assessable parcel in a way that is particular and distinct from its effect
on other parcels, and that real property in general and the public at large do not share. No parcel’s
assessment shall be greater than the special benefits received.
Specifically, each parcel benefits from each of the District services as defined below.
Sidewalk Maintenance
The sidewalk maintenance services provide a safer and cleaner pedestrian right-of-way as well
as allowing accessibility to each of the assessed parcels and associated parking spaces during a
snowstorm. Sweeping and removing the snow from both the sidewalks and driveway entrances
allows pedestrians and vehicles to safely enter and exit each parcel. If snow is not cleared rapidly,
it can create hazardous conditions. Snow and ice create slippery surfaces which is one of the
main causes of slip-and-fall accidents during the winter months. Removing the snow may help
avert these accidents and prevent injury lawsuits filed against the property owner.
The sidewalks also provide an accessible path of travel (ADA requirement) from public parking
spaces to the commercial buildings. The maintenance of the sidewalk and snow removal provides
this benefit to the buildings and businesses.
In addition, both the State of California and the Town of Truckee have requirements that the
property owner is to maintain the sidewalks adjacent to their property. Specifically, the California
Streets and Highways Code Section 5610 states “The owners of lots or portions of lots fronting
on any portion of a public street or place when that street or place is improved or if and when the
area between the property line of the adjacent property and the street line is maintained as a park
or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger
persons or property and maintain it in a condition which will not interfere with the public
convenience in the use of those works or areas save and except as to those conditions created
or maintained in, upon, along, or in connection with such sidewalk by any person other than the
owner, under and by virtue of any permit or right granted to him by law or by the city authorities
in charge thereof, and such persons shall be under a like duty in relation thereto.”
The Town of Truckee also has an Ordinance in Section 13.05.010 that states “It shall be the duty
of all owners, and their tenants, of real property within the Town whose property borders any
improved sidewalk to maintain the sidewalk in a safe condition for its use by pedestrians and other
members of the public. The duty created by the ordinance shall include the duty to keep the
sidewalk free and clear of all dirt, sand, gravel, filth, rubbish, ice and snow.”
Landscaping
The landscaping services benefit each assessed parcel within the District by providing an
aesthetically appealing environment. This is achieved through maintaining the landscaped
corridors and medians throughout the District. Some of the economic benefits of landscaped
corridors are potentially higher rental rates, resale value, and higher pedestrian and vehicular
traffic.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 9 of 12
Special Benefit Conclusion
Based on the special benefits each assessed parcel receives from the District services and both
the State and Town requirements, we concluded that each of the proposed services provides
special benefits to the real property within the District, and that each parcel’s assessment is in
direct relationship to and no greater than the special benefits received.
General Benefit Analysis
As required by the State Constitution Article XIIID Section 4(a), the general benefits of an
assessment district must be quantified and separated out so that the cost of the services that are
attributed to general benefit are deducted from the cost assessed against each specially
benefitted parcel. General benefits are benefits from the District services that are not special in
nature, are not “particular and distinct”, and are not over and above the benefits that other parcels
receive. This analysis will evaluate and determine the level of general benefits that (1) parcels
inside the District, (2) parcels outside of the District, and (3) the public at large, may receive.
General Benefit to Parcels Inside of the District
Within the District boundary there are improvements and maintenance services along sidewalk
frontages that do not specially benefit the assessed parcels within the District. Those sidewalk
frontages include both sides of the Bridge Street bridge that connects the parcels on the south
end of the District to West River Street, both sides of Bridge Street from West River Street to the
UPRR tracks, and the sidewalk frontage on the north side of West River Street from the JAX
parking lot to the warehouses at 10150 West River. The cost for the improvements and
maintenance services along these sidewalks will be borne by the Town and not assessed against
any parcel within the District.
General Benefit to Parcels Outside of the District
All the District services are provided solely to each of the individual assessed parcels in the District
boundary. Each of the District services is provided to the public right-of-ways (streets and
sidewalks) adjacent to all specially benefitted parcels in the District. None of the surrounding
parcels will directly receive any of the District services. Any benefits these parcels may receive
are incidental to providing special benefits to the assessed parcels, and thus any cost associated
to the incidental benefits are not reduced from the cost of providing special benefit.
General Benefit to the Public At Large
In addition to the general benefit analysis to the parcels outside of the District boundary, we also
analyzed the general benefits to the public at large, i.e., those people on foot that are just passing
through the District without entering or exiting any of the specially benefitted parcels. Regardless
of whether a pedestrian is walking on the sidewalk just passing through the District or entering
one of the specially benefitted parcels, the ultimate responsibility for safe pedestrian passage is
ultimately the property owner’s responsibility. Therefore, we conclude that all benefits are special
in nature and that any general benefits the public at large receives are incidental to providing
special benefits to the assessed parcels.
General Benefit Conclusion
Using the sum of the three general benefit measures described above, we find in year one that
$16,393 (18.15% of the budget) may be general in nature and will be funded by the Town.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 10 of 12
EXHIBIT D: METHOD OF APPORTIONMENT
The Landscaping and Lighting Act of 1972 and Section 4 of Article XIIID of the California
Constitution (“Proposition 218”) require that assessments be levied according to the benefit each
parcel receives from the improvements.
The Landscaping and Lighting Act of 1972 Section 22573 states:
"The net amount to be assessed upon lands within an assessment District may be
apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each such lot or parcel from the improvements."
Proposition 218 goes further in defining the benefit nexus relationship as follows:
"...proportionate special benefit derived by each identified parcel shall be
determined in relationship to the entirety of the capital cost of a public
improvement, the maintenance and operation expenses of a public improvement,
or the cost of the property related service being provided. No assessment shall be
imposed on any parcel which exceeds the reasonable cost of the proportional
benefit conferred to that parcel".
The apportionment process, therefore, involves four steps: 1) defining the proposed
improvements; 2) identifying how each parcel receives special benefits from the proposed
improvements; 3) determining the proportional special benefit that each parcel receives from the
proposed improvements relative to all other parcels in the assessment District, and 4) calculating
the assessment amount for each parcel of real property based on the proportional special benefit
each parcel receives from the improvements.
Assessment Factor
The method used to determine proportional special benefits are measured by each parcel’s
sidewalk square footage. Sidewalk square footage is relevant to the demand and amount of
maintenance services required for each specially benefitted parcel’s frontage. The greater the
sidewalk square feet the more the maintenance services required.
Sidewalk Square Footage is defined as the total number of sidewalk and landscaping square
footage that is constructed and/or maintained adjacent to each individual parcel as part of the
District.
Note: 10009 East River Street (APN 019-151-049) has an obligation to not only maintain and pay
for the sidewalk improvements and maintenance adjacent to its parcel, but they must also
maintain the sidewalk south of the parcel along the east side of Bridge Street to the bridge, see
Attachment C for the agreement.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 11 of 12
Assessment Calculation
As previously discussed, the assessment factor used to proportionately assign the District costs
to the specially benefitted parcels is sidewalk square footage. The table below shows the
assessable square footage within the district boundary.
Sq. Ft.
Sidewalk Square Footage 34,638
Based on the assessable square footage and the proposed budget, all of which are discussed
above, the following table illustrates the first year’s maximum annual assessment per assessable
sidewalk square foot. ($90,300 assessment budget / 34,638 assessable square feet)
Assmt Rate per
Foot
Sidewalk Square Foot $2.607
Sample Parcel Assessment
To calculate the assessment for a parcel with 500 sidewalk square feet, multiply the 500 sidewalk
square feet by the $2.607 assessment rate, which equals a parcel assessment of $1,303.50. All
parcel assessments are calculated in the same manner.
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 1 of 12
EXHIBIT E: ASSESSMENT ROLL
The total maximum parcel assessment amount for FY 2023/24 is $90,300 is apportioned below.
APN Owner Name Site Address
Sidewalk
Sq.Ft.
Maximum
Parcel
Assessment *
019-150-010 Jax at the Tracks Inc 10144 WEST RIVER STREET
709 $1,848.34
019-150-008 West River LLC, C/O Margaret R. Woods 10009 WEST RIVER STREET
1,047 $2,729.49
019-150-004 Truckee Star Hotel LLC, C/O David Vaille 10015 WEST RIVER STREET
766 $1,996.93
019-150-002 Schaffer House, LLC 10031 WEST RIVER STREET
320 $834.23
019-130-052 Forge Trust Co 10175 WEST RIVER STREET
322 $839.44
019-130-051 Moutain Vibe, LLC 10187 WEST RIVER STREET
312 $813.37
019-130-050 Paul T Cabeen Trste ETAL, Conklin Robert 10191 WEST RIVER STREET
382 $995.86
019-130-048 Moutain Vibe, LLC 10167 WEST RIVER STREET
480 $1,251.34
019-130-006 Xinyi & Reed McKinny 10199 WEST RIVER STREET
1,192 $3,107.50
019-090-045 Il Trovatore, LLC 10090 WEST RIVER STREET
499 $1,300.87
019-090-035 Garden Folly C/O Shelley McGinity 10153 WEST RIVER STREET
857 $2,234.17
019-090-034 Nancy Costello Etal, William P. Kenney 10145 WEST RIVER STREET
390 $1,016.72
019-090-033 James S. Herzman Jr. 10141 WEST RIVER STREET
227 $591.78
019-090-032 Zachary Cowan 10131 WEST RIVER STREET
708 $1,845.73
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 2 of 12
APN Owner Name Site Address
Sidewalk
Sq.Ft.
Maximum
Parcel
Assessment *
019-090-031 RBSKISQUAW LLC 10115 WEST RIVER STREET
596 $1,553.75
019-090-030 Zachary Cowan 10101 WEST RIVER STREET
279 $727.34
019-090-029 Truckee River Investments LLC, C/O Brian Murphy 10095 WEST RIVER STREET
916 $2,387.98
019-090-026 W River Street LLC 10075 WEST RIVER STREET
656 $1,710.17
019-090-025 Claus H. & Alison P. Shelling Trstes, C/O Toni Robinson West River Real
Estate 10069 WEST RIVER STREET
745 $1,942.19
019-090-024 Joel L. & Birgitta N. Depaoli 10055 WEST RIVER STREET
426 $1,110.57
019-090-023 Eugene & Shirley Gini Trstes(R) Etal, Mary & Geno Giovannoni LIF EST 10039 WEST RIVER STREET
361 $941.11
019-130-004 Town of Truckee 10257 WEST RIVER STREET
11,753 $30,639.64
019-120-004 Riverfront LLC 10331 WEST RIVER STREET
1,374 $3,581.97
019-090-046 ASTREAM 1 LLC, Attn: Michael Raneri 10150 B WEST RIVER
STREET (WAREHOUSES)
742 $1,934.37
019-151-049 SMITH & BROWN, LLC 10009 EAST RIVER STREET
1,467 $3,824.42
019-152-055 Rhonda M Rossi Trste
COMMON AREA ON SE SIDE
OF BRIDGE TO START OF
CHINESE HERB SHOP SW
327 $852.48
019-140-001 Gertrude Holdings, LLC 10002 SOUTH RIVER STREET
497 $1,295.66
General Benefit Parcels (Town's Responsibility)
019-090-046 Town of Truckee
10130 WEST RIVER STREET
(FRONTAGE ALONG THE
STATION PARKING LOT)
803 $2,093.39
West River Street Landscaping and Lighting Assessment District No. 1 September 1, 2022
Engineer’s Report, Fiscal Year 2023/24 Page 3 of 12
APN Owner Name Site Address
Sidewalk
Sq.Ft.
Maximum
Parcel
Assessment *
019-090-046 Town of Truckee UPRR EMPLOYEE HOUSING
1,087 $2,833.77
Town of Truckee
JAX SIDEWALK AREA - EAST
OF EXISTING ADA RAMP TO
RR TRACKS
1,390 $3,623.68
Town of Truckee BRIDGE ST FRONTAGE -
EAST SIDE
934 $2,434.90
Town of Truckee BRIDGE ST FRONTAGE -
WEST SIDE
1,183 $3,084.04
Town of Truckee
NE CORNER OF BRIDGE
STREET AND EAST RIVER
STREET INTERSECTION
891 $2,322.80
TOTAL ASSESSMENT 34,638 $90,300.00
* Subject to the CPI adjustment.
ATTACHMENT A: BOUNDARY MAP
Reference is hereby made to the recorded boundary map on file in the office of the Town Clerk for a description of the boundaries of the
Assessment District. A reduced copy of the boundary map is included on the following two pages.
ATTACHMENT B: ASSESSMENT ALLOCATION MAP
ATTACHMENT C: Loan Agreement between the Town of Truckee
and Matthew and Wendy Brown
Recording Requested By:
MM
Return to: Town of Truckee
Judy Price, Town Clerk
10183 Truckee Airport Road
Truckee CA 96161
Not Subject to Fees: GC 27383
LOAN AGREEMENT
Nevada County Recorder
Gregory J. Diaz
Document* 20140021453
Tuesday November 04 2014, at 01:42:36 PM
TOWN OF TRUCKEE
r–E-CONOMIC DEVELOPMENT INCENTIVE PROGRAM
This Agreement is entered into as of theme day of 4L 1 2014, by and between the Town of414s—t
Truckee ("Town"), and Matthew D. Brown and Wenjy A.)Smith, Trustees of the Brown and Smith
Family Trust dated September 21, 2011, (collectively, Participant"), owner of the property located at
10009 East River Street, Truckee, CA 96161, Assessor's Parcel Number, 19-151-27 (the "Property").
Town and Participant may be referred to herein singularly as "Party" or collectively as "Parties."
1. SUBJECT OF AGREEMENT
A. Purpose of Agreement. The improvement of the Property and the fulfillment generally of this
Agreement are in the best interests of Town and in accordance with the public purposes and
provisions of applicable federal, state, and local laws and requirements. Implementation of
this Agreement will further the goals and objectives of Town's current and planned Historic
Downtown Area capital improvement projects.
B. Acknowledgment of Responsibility for Project. Participant intends to apply for a building permit
to renovate the lower level of the Property to construct a restaurant. Participant acknowledges
that improvement of the sidewalk adjacent to the Property will be required in conjunction with
this building permit, and that Participant is financially responsible for the costs of such
improvement except to the extent that Town contributes funds pursuant to this Agreement.
C. Work to be Performed by Town. Subject to Town's option not to proceed with the Project
pursuant to Section II.A herein, Town will cause to be completed streetscape improvements
adjacent to the Property, as depicted in Exhibit "A" attached hereto and incorporated herein by
reference ("Project").
D. Work to be Performed by Participant. Participant shall cause to be completed, at Participant's
sole expense, the improvements to the Property depicted and/or described in Exhibit "B"
attached hereto and incorporated herein by reference, provided that Participant shall be relieved
of this obligation if Participant exercises its option not to proceed with the Project pursuant to
Section I I.A herein.
1 of 11
E. Dedication of Easement. Prior to commencement of construction of the Project, Participant
shall grant to Town, without charge, an easement over such areas of the Property where
portions of the Project will be constructed.
F. Occupancy Prior to Completion of Project. Town shall permit occupancy of the restaurant prior
to completion of the Project, provided that Participant has complied, and remains in compliance,
with its obligations under this Agreement. Participant shall provide a temporary access ramp as
a level transition to the restaurant area prior to the completion of the Project. The improvement
depicted in Exhibit "C" attached hereto and incorporated by reference shall be installed in
accordance with Participant's building permit prior to any occupancy of the restaurant. The
temporary access shall be maintained at all times during construction of the Project as a
condition of Participant's building permit, and shall be placarded with the words "temporary
access" and a visual plan of the sidewalk improvements to be constructed as part of the Project.
11. PAYMENT FOR SIDEWALK IMPROVEMENTS
A. Loan and Proiect Costs. In consideration of the agreements and covenants of Participant as set
forth in this Agreement, Town agrees to loan Participant 80% of the first $100,000 of Project
costs to offset the cost of the Project ("Loan"). Prior to commencement of construction of the
Project, Participant shall tender to Town the sum of $20,000 as a deposit against Participant's
financial obligations hereunder. Participant shall be solely responsible for any amount by which
the total cost of the Project exceeds $100,000, provided that if, after the opening of bids for
Project construction work, the total cost of the Project is estimated to exceed $100,000 the
Parties shall meet and confer regarding the expected cost of the Project and whether Town and
Participant wish to continue with the Project. Within 20 days of such meeting, either Party may
notify the other Party that it is withdrawing from the Project, in which case this Agreement shall
be deemed terminated and neither Party shall have any further obligation hereunder. If no such
timely notice is provided, this Agreement shall remain in effect except as it may be amended by
the Parties.
B. Funding Reconciliation. Following completion of the Project, Town shall send Participant an
itemized summary of the costs of the Project, including both construction costs and the cost of
time spent by Town staff on the Project. Town shall enclose with the invoice a reconciliation
applying Participant's deposit to the total Project cost. If the invoice reflects a total Project cost
of less than $100,000, Town shall enclose a partial refund of Participant's deposit. If the total
Project cost exceeds $100,000, the invoice shall set forth the additional amount owed by
Participant. Participant shall tender to Town any such additional amount within 30 days of
receipt of the invoice,
C. Security on Loan and Interest Accrual. Security for the full amount of the Loan shall be provided
concurrently with execution of this Agreement. If sufficient equity exists for Participant in the
Property to secure the Loan as demonstrated by a current title report, a promissory note and
deed of trust securing the loan shall be recorded in the official Recorder's Office of Nevada
County. If such security is not sufficient or is unavailable, other security satisfactory to Town's
Town Manager, in his sole determination, shall be provided or this Agreement shall terminate.
Interest due under this loan shall begin to accrue upon completion of the Project. Town hereby
consents to subordinating Participant's repayment obligation hereunder to one loan secured by
the Property in an amount not exceeding $960,000, and shall execute such documents as may
be necessary to reflect such subordination.
D. Loan Term, Interest, and Forgiveness. The loan term shall be ten years. The principal shall be
forgiven at the rate of 10% per year, on or about the anniversary of the commencement of the
loan term, so long as the Property is owned by the original loan recipient and the restaurant at
2 of 11
the Property is operating and open tOthe public for Gmajority ofthe year. The loan interest rate
shall be 2%simple interest oDaOannual basis ODany remaining principal. Ifthe Property iSstill
under OVvDenGhip Of Participant after the ten-year term eXpin5s, the principal component of the
o@D shall be 100% fDqgiV8O, and the simple interest CO0pOO8Ot of the |DgD shall be due. The
loan term begins, and the 2%annual simple interest begins accruing, once the loan iGdisbursed
from Town.
E. Acceleration of Repayment Obligation. If the Property orother real property securing
Participant's obligation tVrepay the Loan iasold before the term expires,orthe
restaurant at the Property has at any point been operating and open to the public for less than a
majority ofthe preceding 52weeks. Participant shall, @ttime ofsale oratthe time the
restaurant ceases tohave been operating and open tothe public for less than amajority ofthe
preceding 52 Vveeks, pay to TOVVO the remaining full b8|8ODe of the LO8O and all accrued interest
due. To provide notification to potential purchasers of this repayment obligation, this Agreement
shall berecorded inthe official records ofNevada County.
F Assimment. Participant may not transfer orassign any or all ofhis/her rights orobligations
hereunder, and any attempted assignment 8h@|| be VVhO|k/ void and of DO effect. This
Agreement iSmade and entered into solely for the benefit OfTown and Participant, and OOother
third person shall have any right Ofaction under this Agreement.
Ui SIDEWALK MAINTENANCE
A. Continual Maintenance Obligation. Upon and after the signature date set forth below,
Participant himself/herself, his/he[ successors, his/her 8SSigOS, and every SUCCe8s0[ in
interest to the Property or any pad thereof She||. at Participant's sole expense, maintain.
0p8[at8` repair, and replace the completed sidewalk in @CCOnd2OC8 with all applicable |8VVS
and the standards set forth iOthis section.
B. Participant shall be obligated to and bound by this
Agreement to maintain and repair such OideVV8lh. street furniture, gUthe[S` and other sidewalk
amenities and topay all costs and expenses thereof asprovided herein.
C. Maintenance and Repair of the Sidewalk. The maintenance and repair of the sidewalk shall
include all reasonable measures to promptly inspect, remove, and correct defects or
dangerous CoDditiOns, including without limitation maintenance and n3pGi[ of SUrfaC8S
including g[adiOg. re -leveling, re -surfacing, [8DlOV8|' and [8p|8c8DleDt Of the sidewalk,
p2V8[8' or pOrtiVns, and the F80OV3| and filling or replacement or repair Ofsidewalk fU[OibJF8'
trees, and snow removal.
D. Displacement. Participant shall cause the sidewalk to be repaired if it is in any of the
following conditions: vertical displacement between adjacent pavers Vrbetween pavers and
adjacent concrete, or gouges in pavers or concrete GUrfgcag. of more than 0.25 inches.
Walking surface cross -slopes shall not exceed 0.5 inches per foot. In areas of curb rarnps.
slope shall not exceed 1:12and vertical rise ehoU not exceed six inches.
E. Town May Perform. If the TOvvD Manager determines that the akjevva|k [Date[8|o' or
substances deposited on the sidewalk create an imminent public safety hazard, Town may.
but is not required to, remedy the conditions forthwith at the cost of Participant.
F By entering
into this AoreerOe[t. Participant hereby consents to and irrevocably agrees to vote infavor Vf
any maintenance district or other financing mechanism created by Town to absorb the costs
3ofl\
of sidewalk maintenance and related purposes as set forth h8reiD, and/or to consent to the
aOOeXGtkJD of the Property into any such district. The costs of any such district, however
levied or assessed, shall be spread on an equitable and proportional basis among all district
participants as determined by the Town Council in the reasonable exercise of its discretion.
Any such cost d8t8[O0iO8tiOD shall be 08d8 in a public DB8ebOg in GcCOnd@DCe with any
procedures required by California |8VV. (]ODe Ol8d8, the decision of the Town Council with
regard [Oany such cost allocation shall be final and binding OO Participant, and Participant
shall promptly pay when required any such cost.
G. Alteration of the Sidewalk. The alteration or removal of the sidewalk by any person or entity
without the prior VV[itt9D approval of TuVVO is prohibited. If Participant wishes to modify the
design Of @ portion of the sidevV@|h. Participant 8hgU prepare and provide to the TOVVD
Manager ordesignee a set of engineered plans for proposed modifications. Town naoemea
the right to charge G review fee commensurate with administrative COStS incurred in such
review. The Town K8gDage[ or designee has the right to accept, deOy. or modify pFOpOS8d
modifications. This decision may beappealed tothe Town Council.
H. Obstruction of the Sidewalk. The sidewalk may not b8obstructed without the priorapprovu|
of TOVVD. Any activity or use that might obstruct or {th8nNS8 impede the DOrOa| passage of
pedestrians on the sidewalk shall be prohibited. Such 8CtiViU8g or uses Sh@U include, but not
be limited to, the following:
The parking Vfgmotor vehicle, except emergency vehicles, OOOFover any
portion of the sidewalk;
2. The dumping, depositing,Orplacing Ofrefuse, leaves, snow, ice, ormud upon
the sidewalk; and
3. The growth of trees, bushes, or other p|8DtS in such 8 VV8y that any part of the
plant growing UO O[over 8 sidewalk might impede or obstruct the passage Of
pedestrians or create a sight distance hazard for uses or the right-of-way.
Snow, Ice, and Mud Removal. Participant shall not place or cause snow to be placed on the
sidewalk. Furthermore' it ah8U be the duty of Participant to make a good faith effort to dear
the sidewalk and stairways at the perimeter of his/her property from aCcUrDu{@tiOD Of GDOVV,
ice, and mud. |nthe event snow and ice mnthe sidewalk has become eohard that )tcannot
be n90OVBd without likelihood of damage to the sidewalk, [z@[1iCip8Ot shGi|. within the time
mentioned above, cause enough sand or other Town -approved substances to be put on the
sidewalk to attempt to make travel thereon n*aaoDob|y safe; and shall then, as Goon
thereafter as weather permits, cause the sidewalk to be thoroughly cleaned.
Snow Accumulation. Snow shall not be allowed to accumulate toodepth of more than four
inches during business hours, defined aG0:0Ja.Dl. to 7:OOp.nn.'seven days 8week, priorto
commencing and diligently providing for its removal. Ifthe standard iSviolated for longer than
8 24-hour period, Town reserves the right, but ShgU not have a dVhv, to remove snow and ice
at Participant's expense. This standard applies except in climatic conditions that make it
physically impossible to perform the work. Participant shall not allow o[permit snow or ice to
RCcu0U|8t8 on, or to project Or overhang from, any [OOf. ledge, or other part of the structure
or building upon the property where the accumulation, projection, or overhang of ice or snow
constitutes ohazard orpresents areasonable possibility ofsliding off ofthe building and onto
the sidewalk.
4ofD
K. Fire Hydrants. It shall be the duty of Participant to uncover and remove accumulated snow
and windrows of snow from over and around fire hydrants adjacent to the Property. The
hydrants shall be uncovered for a distance of not less than three feet on all sides so that the
hydrants are accessible for emergency use. Hydrants shall be uncovered within 24 hours of
the time they are buried by a plowed windrow of snow or from the time they become buried
from drifts.
L. Graffiti. The removal of graffiti from fixtures, furniture, or the sidewalk itself adjacent to the
property is the responsibility of Participant and must be completed within a 48-hour time
period after the graffiti occurs.
I kyAlIC11:1 il, 1:4; -?_A1 0:1 t1flyJ Ri 156-17, &9
A. Conflicts of Interest. No member, official, or employee of Town shall have any personal interest,
direct or indirect, in this Agreement, nor shall any such member, official, or employee participate
in decisions relating to this Agreement which affects his/her personal interests or the interests of
any corporation, partnership, or association in which he/she is directly or indirectly interested.
B. Hold Harmless. Participant agrees to indemnify, defend, and hold Town, the Town of Truckee,
and all employees, officers, and representatives of Town free and harmless from any and all
liability arising from or related to Participant's participation in the Downtown Streetscape
Improvement Loan Program, the use of Town funds for the improvements, the permits issued
by Town, and/or Town action pursuant to this Agreement.
C. Non -liability of Town Officials and Employees. No member, official, or employee of Town shall
be personally liable to Participant for any breach by Town or for any amount which may become
due to Participant or on any obligations under the terms of this Agreement.
D. Confidentiality. Participant acknowledges that Town is subject to the provisions of the California
Public Records Act and that any information submitted to Town may be disclosed to the extent
required by law.
E. Termination. This Agreement may be terminated as follows:
By Town: Town shall have the right to terminate this Agreement upon written notice to
Participant in the event that Participant fails to comply with any of Participant's
obligations hereunder.
2. By Participant: Participant shall have the right to terminate this Agreement upon written
notice to Town in the event that Town fails to comply with any of Town's obligations
under the contract.
F. Notices. Notices, requests for payment, and other communications are to be hand delivered or
mailed to:
Town at:
Town of Truckee
Attention: Tony Lashbrook,
Town Manager
10 183 Truckee Airport Road
Truckee, CA 96161
5 of 11
Participant at:
The River Street Inn
Attention: Wendy Smith
10009 East River Street
Truckee, CA 96161
Or to such other address as any party may designate by notice in accordance with this Section.
V1. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement is executed in two duplicate originals, each of which is deemed to. be an original.
This Agreement integrates all terms and conditions herein or incidental hereto and supersedes all
negotiations or previous agreements between the Parties with respect to all or any part of the
subject matter hereof. All waivers of the provisions of this Agreement must be in writing and signed
by the appropriate authorities of Town and Participant, and all amendments hereto must be in writing
and signed by the appropriate authorities of Town and Participant.
VIII. EFFECTIVE DATE OF AGREEMENT
The effective date of this Agreement shall be the date when this Agreement is signed by Town.
Date
TRUCKEE
hbrook, Town Manager Matthew D. Brown
Trustee of the Brown and Smith Family Trust
dated September 21, 2011
Date
Wendy A. 8mito
Trustee of the Brown and Smith Family Trust
Dated September 21, 2011
zo
Date I
6of 11
IMPROVEMENTS TO BE CONSTRUCTED BY TOWN
7ofII
Rig
w
y
Z m6 j W !- a
G¢2 H4WU
QF-
44 U
WW0p W _
Zo r)F-5
ag
rn
w U a m
G Ny
n
t
K •'
co
d
tea
WAar1r"
8of11
W
z m W I-
wat Q Ww
m m
et .
3
444
Al
I S i.
s
C111, Rrs
Z00
9of11
N
z
vi 6.
CCC333 t=
Cq
N
A
w rt-2 I A
N
z
State of California
County of Nevada
On before me,
personally appeared /XKY%b, L1170 11
who proved to me on the basis of satisfactory evidence to be the persons(s) whose
name(s) is(are subscribed to the within instrument and acknowledged to me that/hl 06e/they
executed the same init'/ 6r/their authorized capacity(ies), and that byVs/Wr/their signature(s)
on the instrument the pe on(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
AHP TN -A. COAT
Zil -9,-e COnftssidn, 20130
Signature of Notary Notary Public California,
save" County
Coma: f as Met 17, 2017
State of California
County of Nevada
On CA A -C4 i,.L,-)k V 4 before me,jUCL'-?f--'lCe -A &Va r -!:l
0 1 1 - I
personally appeared
who proved to me on the basis of satisfactory evidence to be the persons(&) whose
name(&) is/a-Fe subscribed to the within instrument and acknowledged to me that he/s libey
executed the same in his/49nqheir authorized capacity(io&), and that by his/her/their signature(-&)
on the instrument the person*, or the entity upon behalf of which the person(a) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. I/
WITNESS my hand and official seal.
10 of I I
JUDY ICE
Commi 0" 1912773
NotaPub CaliforniarPublic
Nevada CounTV
omm expire,
D
ignature f otary
11 of 11
JM, PRICE ACommission # 1912773
z Notary Public Californiazr.C
zz `
Nevada County.
AA Comm. Expires (Zec'8; 2014.
211111111; 1, IIIIIIIIIIIIIIIIIIIIIilill 1111110 r I I 1 1! IL - MME3M
MM
Return to: Town of Truckee
Judy Price, Town Clerk
10183 Truckee Airport Road
Truckee CA 96161
Not Subject to Fees: GC 27383
Ma I m-Aff-a ivi 1:4 g I iniTi 1:4 g1k a i1nomm W -,Tel aamTim
1. This First Amendment ("Amendment") is made by the Town of Truckee and Matthew D.
Brown and Wendy A. Smith, Trustees of the Brown and Smith Family Trust dated
September 20, 2011, parties to the Loan Agreement dated August 20, 2014.
2. The Lease Agreement is amended as follows:
a. Section ILA is hereby amended to read as follows:
A. Loan and Project Costs. In consideration of the agreements and
covenants of Participant as set forth in this Agreement, Town agrees to
loan Participant an amount equal to the difference between the cost of the
Project and $2,066.30, provided that the loan amount shall not exceed
120,000 ("Loan"). Prior to commencement of construction of the Project,
Participant shall tender to Town, as a deposit against Participant's
financial obligations hereunder, the sum of $2,066.30. Participant shall
be solely responsible for any amount by which the cost of the Project
exceeds $122,066.30."
b. Section 11.13 is hereby amended to read as follows:
B. Funding Reconciliation. Following completion of the Project,
Town shall send Participant an invoice including an itemized summary of
the costs of the Project, including both construction costs and the cost of
time spent by Town staff on the Project. Town shall enclose with the
invoice a reconciliation applying Participant's deposit to the total Project
cost and setting forth the amount of the Loan. If the total Project cost
excluding the cost of improvements depicted in Exhibit "B") exceeds
122,066.30, the invoice shall set forth the additional amount owed by
Participant, and Participant shall tender to Town any such additional
amount within 30 days of receipt of the invoice."
Page 1 of 2
c. Section ILC is hereby amended by replacing "$960,000" with "$960,900".
3. Except as set forth in this Amendment, the Loan Agreement is unaffected and shall
continue in full force and effect in accordance with its terms. If there is conflict between
this Amendment and the Loan Agreement or any earlier amendment, the terms of this
Amendment will prevail.
TOV
Date: I D,7 3, E U1
PARTICIPANT
By:
Matthew D. Brown
Trustee of the Brown and Smith Family
Trust dated September 20, 2011
Date: io - !4 -14
By: ti Q'
Wendy A. SnUh
Trustee of the Brown and Smith Family
Trust dated September 20, 2011
Date:+ 10!
Page 2 of 2
Town Council
Patrick Flora, Mayor
Alicia Barr, Vice Mayor
Dr, Mark Brown Council Member
Joan deRyk Jones, Council Member
Carolyn Wallace Dee, Council Member
Wendy Smith
River Street Inn
10009 East River Street
Truckee, CA 96161
Dear Wendy:
Department Heads
Tony Lashbmok, Town Manager
Andy Morris, Town Attorney
Adam McGill, Chief of Police
John McLaughlin, Community ne Director
xnnazozvmk, Administrative Services Director
Judy Price, Town Clerk
xew Terrazas, Assistant Town Manager
Daniel Wilkins, Public Works oirectooTowmEngineer
August 19, 2014
At the June 24, 2014 Town Council meeting the Town Council authorized the Town
Manager to enter into a streetscape loan agreement with you for an amount not to exceed
80,000. Based on the Town Council's action Town staff has prepared the attached loan
agreement.
As we have discussed it is anticipated that the total project costs may exceed the initial
estimated cost of $100,000. Based on rough estimates, the overall cost of the project
including design, construction and inspection have been revised upward to an estimated
12O.000-$13O.000.\Newill not have afirm idea ufthe project costSUnU|8ftarthebidSfo[
the project araopenedonSaotannber2.2014./NterthebidupeninQifitiadabyrrninedthat
the project ooctvvi/|enceedtheOrigin8|$1UO.OQOeatinoGt8.TovvnStaffvviU[8cornnoendtothe
Town Council that the Town provide the additional funding needed for the project- oeounoing
that the bids are reasonable. The Town's contribution will be all costs for construction
design, construction, construction inspection and construction management that are above
and beyond your initial $20,000 investment into the Streetscape improvements. According
tothe project eohedu|etheTuvvnCounc|/m/iUconaideravvandingthebidotthe8aoternberS.
2014 Council meeting and request for additional funds if necessary. The decision to
increase the funding for this project vviUbernGdebythgTuvvnC0uDCi|ottheireV|e
discretion. Once the project is complete we will true up the eatinnebad coot to the actual ooeba
and make any necessary budget modifications.
If you or your lender have any questions please dnnot hesitate to contact me at 530.582-
2914
Alex Terrazas
Assistant Town Manager
Attachments
1. Loan Agreement
Tahoe/Truckee 18183Truckee Airport Road, Truckee, CA 96161-3306
bAd kem.cmn`
maurlaca Administration: 53O-582'77U0/Fax: 530'582-771O/email: bunkee@bnwno/hookae.oVn/
Y y Community Development: 53O-582-782O/Fax: 53O-582-788Q/email. odd@howmo/truckee.000/
Anim|Sen/io o8/ahideAboi ment 53O582-783O/Fax 53O58 788Q/nnna an na/uon mak bywmo n/o acon animalservices@townoftruckee.com
zozz Po|iceDepartment:S3O'65O'2328/Fax:53O'55O-232G/o/nail:polineoepa/hnont@towmoftnxc6ee.no/n
Printed onrecycled paper
F' IN
L
WALL.
PROPO_ SED
REMOVE ---TNDOOR'-
BBAT 1 -DINING AREA
E) NE
r
WAL.
OY ) W J
N) POSTS}
DI
u t j
DROP T ¢P (')
POSTS -
DOWN
LgjCoumut
I
t---
BAR - UP 2"( RBL \;
q 0" ' 90" SLO GE '.
3_W
14F 5 Ac a5strh
B(ICK> rlPR vlNt, u
BAR AREA
4S" 79"
SINK BEER REP
P I
0 0 0
I C.C.
OL
28 50 SH
VAI -9 -VA -1 &JZiF L611lg
APA !2_SJ
rSAr,
pE
f4yy OF 1{71IGKf.E 11_DC P7
PROPOSED
i32n r c W A 1 n
1 `-
SEE IMPROVEMENT PLANS
HANGING SIGN - LEVEL TRANSITION TO DECK
BY ACUMEN ENGINEERING
USLWINO AePAWjV&
FORSM)EWALK
1,'=tOl- 70 3tY}°1Y,7LK I'VS7ALLAT p/)
GRAPHIC SCALE
SHOWN HATCH 60. 502FAL6 C/zOSS J_4Ve SHA- /V"r -.XcEW* 2-
APNtts!( N.71tP.xiuND 1-AArE ,
r1Kt bri(I.NKURFLANS.
L A
VA112-
et,
p Nab.
UT A '1' wkLt ,tx
ELECTRICALELECTRICAL SHOW SC CALLY.
VERIFY ALL ELECT LIGHTING &
SWITCHING W/ OWNER IN THE FIELD.
W/ Vm
W/ VINES
ff0X,' X0vlrlE 27" 64. -Ac kACE SA4CC
tr slc ssrl3d covlVr6rc .4 Z,5pjS
i
N07£7 /114X Futue /LEo'0 ro fJLr-Sda2 l'u opc
A0+'t- WAa *a 5 16 /AJICAIPIZ
PXIVEU 2Y100tL5
PROPERTY PLACE 3"OF
N !N
vlrrkn4 t7ds
CORNER 3/4" WASHED
PROPOSED CAFE & DINING DECK
2 GRAVEL UNDER
I X DECK
N
15695 Danner Pass Rd. #206
Cl
V 1 m
e-mail Ps9archt@cebridge.net
s 5 '
gED AR y,
y DECORATIVE STRING LIGHTS
i,% S p
1 ON TIMER - (SEE PHOTO)
r ALLgSS
No. C 3847 4 i
cn
REN. 10
12' MIN DRIVEWAY `
E) LIGHT
T OPOSE I - WIDTH & ACCESS TO
Dram SIYI
D G
BESIC, PROPERTY
IN(E)
RE
RCH 134
LIi (
IS
i
2" 0 STEEL POLE
2 X 6 REDWOOD O
45CAIN DARK BROWN I UP S' - PAINT DARK BROWN TO
MATCH DECK RAILING STAIN1qIySEM' f99ie1 F15ry
of Iy 42" RAILING W/
it 2 X 6 TOP CAP, 2
X 4
TOP & BTM RAMS &
6'-p^ 2 X 2 PICKETTS, MAX
4" OPNGS - MATCH (E)
U RAILING, STAIN COLOR
I DARK BROWN
pEf4yyOF1{71IGKf.E 11_DC P7
PROPOSED
i32n r c W A 1 n
1 `-
SEE IMPROVEMENT PLANS
HANGING SIGN - LEVEL TRANSITION TO DECK
BY ACUMEN ENGINEERING
USLWINO AePAWjV&
FORSM)EWALK
1,'=tOl- 70 3tY}°1Y,7LK I'VS7ALLAT p/)
GRAPHIC SCALE
SHOWN HATCH 60. 502FAL6 C/zOSS J_4Ve SHA- /V"r -.XcEW* 2-
APNtts!( N.71tP.xiuND
1-AArE ,
r1Kt bri(I.NKURFLANS.
L A
VA112-
et,
p Nab.
UT A '1' wkLt ,tx
ELECTRICALELECTRICAL SHOW SC CALLY.
VERIFY ALL ELECT LIGHTING &
SWITCHING W/ OWNER IN THE FIELD.
ff0X,' X0vlrlE 27" 64. -Ac kACE SA4CC
tr slc ssrl3d covlVr6rc .4 Z,5pjS
4A10 ACC.E,$S1646 00T,900tZ
N07£7 /114X Futue /LEo'0 ro fJLr-Sda2 l'u opc
A0+'t- WAa *a 5 16 /
AJICAIPIZ
PXIVEU 2Y100tL5
t,F1NN1llJ( r»nr ` 3
I LUb r 2 zs r
vlrrkn4 t7ds
hod
RIVER STREET INN
PROPOSED CAFE & DINING DECK
ADDITION
15695 Danner Pass Rd. #206
Truckee, CA 96161
Ph. 530.587.7513 Fax 530.587.7SS7
e-mail Ps9archt@cebridge.net
gED AR y,
i,% S p
No. C 3847
4 i
cn
REN. 10
FaF cA°
e
nat. 12/26/13
Dram SIYI
Ravi"#d {i++
w 1/4" = 1'-0" i