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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. 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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