HomeMy WebLinkAboutHA29410B CA9 Construction Access and Parking Easement Agreement - Palm City Association Carlos Ortega Villas 825-11Contract No. HA29410B
CITY OF PALM DESERT/
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: APPROVE THE PARKING EASEMENT AGREEMENT WITH PALM
CITY ASSOCIATION AND CHANGE ORDER NO. 9 TO CONTRACT
NO. HA29410B WITH OPTIMUS CONSTRUCTION, INC., IN THE
AMOUNT OF $187,588.66 FOR CONSTRUCTION OF THE CARLOS
ORTEGA VILLAS (PROJECT NO. 825-11)
SUBMITTED BY: Heather Buck, Project Coordinator
CONTRACTOR: Optimus Construction, Inc.
440 Western Avenue, Suite 202
Glendale, CA 91201
DATE: April 9, 2015
CONTENTS: Site Map
Parking Easement Agreement
Agreement for Construction Access and Parking Easement
Palm Desert Country Club Association Board Resolution
Change Order No. 9
Recommendation
By Minute Motion, that the City Council:
1. Approve the Parking Easement Agreement; and
2. Authorize the Mayor to execute the finalized Agreement.
By Minute Motion, that the Authority Board:
1. Approve the Agreement for Construction Access and Parking Easement;
2. Authorize the Chairman to execute the finalized Agreement as approved
by Housing Authority Counsel;
3. Approve Change Order No. 9 to Contract No. HA29410B in the total
amount of $187,588.66 for the Carlos Ortega Villas (Project No. 825-11);
4. Authorize the transfer of $187,588.66 from contingency to base; and
5. Authorize the Chairman to execute Change Order No. 9.
Staff Report
Approve Parking Easement and CO No. 9 to Contract No. HA294106 for the COV project
Page 2 of 4
April 9, 2015
Funds are available in Account Nos. 871-8691-466-4001 and 703-8691-466-4001, Capital
Improvements, for this purpose.
Commission Recommendation
The Housing Commission reviewed the recommendation at the regularly scheduled
meeting of April 8, 2015. Staff will provide a verbal report upon request of the Authority
Board.
Background
On July 10, 2014, the Authority Board authorized award of the contract for construction of
the Carlos Ortega Villas and associated off -site improvements (traffic circle) to Optimus
Construction, Inc. The Notice to Proceed was issued on September 4, 2014. Construction
45% complete and the project is anticipated to be completed in November 2015.
Parking Easement
One of the Conditions of Approval for the Carlos Ortega Villas (COV) project was the
construction of a traffic circle at the intersection of Avenue of the States, Michigan Drive,
and California Drive. Approximately 20 on -street parking spots will be lost due to the
construction of the traffic circle. This area is heavily used by nearby residential and
commercial facilities.
To compensate for the lost parking due to the traffic circle, staff has been working with the
Palm City Association (Palm Desert Country Club Association) on a new parking lot
adjacent to Joe Mann Park, which the City of Palm Desert leases from the Palm Desert
Country Club Association. The Palm Desert Country Club Association has asked the City
to construct the parking lot in exchange for granting the City a public parking easement.
The new parking lot will provide 21 parking stalls, associated drainage, paving, and lighting
(refer to attached site map).
The attached Parking Easement Agreement between the City of Palm Desert and the
Palm Desert Country Club Association delineates the maintenance responsibilities of each
party. Maintenance of the parking lot, drainage, and lighting will be the responsibility of the
City of Palm Desert, and the Palm Desert Country Club Association will be responsible for
maintenance of the landscaping. Attached is a Board Resolution from Palm Desert
Country Club Association in support of the improvements and easement.
Since the Housing Authority let the contract for construction of the COV and associated
off -site improvements, the attached Agreement for Construction Access and Parking
Easement grants temporary construction access to the Housing Authority and its
contractor(s) for prosecution of the work. Improvements are expected to be completed this
summer.
Successor Agency funds, which have already been approved on the Bond Proceeds
Funding Agreement for the project, will be utilized for the originally proposed off -site
Staff Report
Approve Parking Easement and CO No. 9 to Contract No. HA29410B for the COV project
Page 3 of 4
April 9, 2015
improvements and the newly proposed parking lot. Since the Housing Authority let the
contract for construction of the COV and associated off -site improvements a change order
to the contract with Optimus Construction, Inc., is requested.
Change Order No. 9:
This Change Order includes:
• Costs for the off -site parking lot
• Small electrical additions to the Resident Services Building
• Revised framing layout at clerestories (credit to Authority)
• Fire sprinkler modifications required by code
• Additional utility -related work required due to the accelerated project schedule
• Minor revisions to site wall designs for consistency throughout site (credit to
Authority)
The cost of the parking lot is within the Engineer's Estimate and the other items are within
industry standards. The total amount requested for Change Order No. 9 is $187,588.66.
Fiscal Analysis
Below is a summary of the approved and proposed change orders:
Description
Contingency
Contract
Original Contract
$1,542,335.13
$15,423,351.39
Previously Approved Change Orders
$100,811.98
$100,811.98
Change Order No. 9: Off -site Parkin Lot
$187,701.28
$187,701.28
Change Order No. 9: Misc. items listed above
sum of all items result in credit to Housing Authority)-$112.62
$112.62
Revised Contract Total
$1,253,934.49
15,711,752.03
If Change Order No. 9 is approved, total Change Orders to date represent 1.87 percent of
the contract, the majority of which is due to the added scope of work for the parking lot.
The funding for these changes is available in the project contingency and requires a
transfer of contingency to base.
The estimated costs for the project are listed on ROPS lines 171 and 186. Although the
Housing Authority will initially advance the funds for this work, the SARDA may reimburse
the Authority for the costs from bond proceeds. The 2007 Housing Set -Aside bond
issuance included the Carlos Ortega Villas as a project in the bond covenants.
The estimated costs for these off -site improvements may be reimbursable from Project
Area 4 Bond Proceeds. The off -site improvements considered in this Change Order are
necessary to compensate for the lost parking due to the new traffic circle constructed as a
condition of the COV project and are eligible to be reimbursed by ROPS line 186.
Staff Report
Approve Parking Easement and CO No. 9 to Contract No. HA29410B for the COV project
Page 4 of 4
April 9, 2015
As a requirement of the State Department of Finance, a Bond Proceeds Funding
Agreement was approved to facilitate this purpose by the Oversight Board on October 7,
2013, and by the Authority Board on October 10, 2013.
Submitted By:
4M 4MU
He aBuc of ct Coordinator JJanetk0e, VbirectfHousing
artin Alvarez Mark G e nwood, Direct r of Public Works
Director of Economic Development
Rudy costa, Assistant City Manager
Rev' ed:
Paul S. Gibson, Director of Finance
al:
M. Wohlmuth, City Manager/Executive Director
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Clerk
APN: Portion of 637-062-010
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Contract No. C2941OF
This transfer is exempt from Recording Fees pursuant to California Government Code Section 6103.
PARKING EASEMENT AGREEMENT
This PARKING EASEMENT AGREEMENT ("Agreement") is made and entered into as of
the _ day of 2015 (the "Effective Date"), by and between PALM CITY
ASSOCIATION, a California corporation ("Grantor") and the CITY OF PALM DESERT, a
California municipal corporation ("Grantee").
RECITALS
A. Grantor is owner in fee simple of certain real property located in the City of Palm
Desert, California described on Exhibit "A" (the "Property").
B. The Palm Desert Housing Authority, a public body ("Authority") and Grantor have
entered into an Agreement for Construction Access and Parking Easement, dated as of
, 2015 (the "Construction Agreement"), regarding, among other things, the
construction of improvements on the Property by the Authority for public parking as described in
Exhibit 11B-1" to the Construction Agreement (the "Parking Improvements"), and which will mitigate
a traffic condition resulting from the construction of the Carlos Ortega Villas housing development
and associated offsite improvements.
C. Grantor desires to grant a public parking easement to the Grantee for the use thereof
by the public generally and that will benefit the residents of the Grantee.
NOW THEREFORE, in consideration of the Construction Agreement, Authority's completion
of the Parking Improvements (at Authority's cost), and the mutual covenants and easements
contained herein, the parties hereto agree as follows:
1. Easement; Termination; Relationship to City Lease. The rights and obligations of the
Grantor and Grantee hereunder and the easement granted hereby are separate from, independent of
and in addition to, the Grantee's and Grantor's rights and obligations under that certain Amended
Lease Agreement (Contract No. C 16152) between Grantor, as lessor, and Grantee, as lessee, dated
May 13, 2010, and recorded on July 7, 2010, as Document 2010-0318735 in the Official Records of
Riverside County, California (the "Lease"), and Grantee hereby approves this Agreement in its
capacity as lessee under the Lease and Grantor and Grantee hereby agree that in the event of a
conflict between this Agreement and the Lease, the terms of this Agreement shall govern and prevail.
l'6401-0001\1804626v5.doc
Contract No. C2941OF
Grantor hereby grants to Grantee a perpetual easement in gross in, to, over and across the
Property for the purposes of (i) allowing the use of the Property by the general public for pedestrian
and vehicular ingress, egress and parking of passenger vehicles and (ii) maintenance and repair of the
Parking Improvements (collectively, "Easement"); provided, however, that Grantor may terminate
this Agreement by written notice to Grantee and Authority if the Authority fails to substantially
complete the Parking Improvements within the time required by Section 1 of the Construction
Agreement and the Parking Improvements are not substantially completed by the time that Grantee
and Authority receive such notice. If this Agreement is so terminated, then upon written request of
Grantor, Grantee shall execute, acknowledge and deliver to Grantor a reasonable termination
document of this Agreement in recordable form.
2. Reservation of Rights. Grantor hereby reserves the right to temporarily close all or
any portion of the Property as reasonably necessary to perform maintenance or repairs; provided,
however, that any such temporary closing by Grantor shall be subject to the prior written consent of
the Grantee, which consent shall not unreasonably be withheld or delayed.
3. Walls, Fences and Barriers. Grantor shall not erect any walls, fences or other barriers
in, on or near the Property which prevent or impair the use or exercise of the rights granted herein.
4. Maintenance. Grantee shall, at its own cost and expense, at all times perform, or cause
to be performed, such maintenance as needed to keep the Parking Improvements in good condition
and repair; and Grantor shall, at its own cost and expense, maintain all landscaping adjacent to the
Parking Improvements in good condition. If a party fails to perform its respective obligations as set
forth in this Section within 10 days after written notice of such failure from the other party, then such
other party may maintain/repair/replace the applicable improvements and the non -performing party
shall reimburse such other party for the costs thereof (with interest thereon at the lesser of 8% per
annum or the maximum interest rate permitted by law) within 10 days after written demand
describing the costs.
5. Property Taxes and Assessments. Except as otherwise provided in Section 8 of the
Lease, Grantor shall pay, or cause to be paid, directly to the appropriate governmental agencies, prior
to delinquency, all real property taxes and special taxes and assessments which may be levied or
assessed against the Property.
6. Insurance. Grantor shall purchase and maintain as to the Property commercial general
liability insurance covering bodily injuries and damages to persons and property occurring within the
Property, with a combined single limit of at least One Million Dollars ($1,000,000.00) per occurrence
and Three Million Dollars ($3,000,000.00) in the aggregate, with a deductible of not more than
$10,000.00. Grantor shall cause the Indemnified Parties (as hereinafter defined) to be named as
additional insureds on each policy of such insurance maintained by it with respect to the Property.
Such insurance policies shall be endorsed to provide that such coverage shall be primary as to claims
arising under it and that any insurance maintained by the Grantee and/or Authority shall be excess
insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against
the Grantee and Authority. Grantor shall deliver to Grantee certificates of insurance evidencing
compliance with these provisions. Such certificates shall also include the agreement of the carrier not
to cancel or otherwise terminate such coverage without first giving at least thirty (30) days prior
written notice to Grantee. If at any time the amount or coverage of insurance which the Grantor is
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Contract No. C2941OF
required to carry under this Section is, in the Grantee's reasonable judgment, materially less than the
amount or type of insurance coverage typically carried by owners or lessees of comparable properties
in the State of California, then Grantee shall have the right to require Grantor to increase the amount
or change the types of insurance coverage required under this Section. Such requirements shall be
designed to assure protection from and against the kind and extent of risks which exist at the time a
change in insurance is required. Grantee shall notify the Grantor in writing of changes in insurance
requirements. All insurance purchased by the Grantor shall be from companies rated no less than A
VII in Bests Insurance Guide. The amount of insurance obtained pursuant to this Section shall not
limit the liability of the parties under this Agreement. If Grantor does not deposit certificates
evidencing acceptable insurance policies with the Grantee incorporating such changes within sixty
(60) calendar days of receipt of such notice, then Grantee may purchase such insurance and Grantor
shall reimburse the Grantee for such insurance premiums within 10 days after written demand
therefor. Notwithstanding the foregoing provisions of this Section 6, the Grantor shall not be
required to purchase or maintain the herein described insurance policies with respect to that portion of
the Property subject to the Lease and during the term thereof.
7. Indemnification.
7.1 Grantor shall indemnify, defend, protect and hold Grantee, Authority and their
respective employees, officers and contractors ("Indemnified Parties") harmless from and against any
and all claims, losses, damages, causes of action, liabilities, costs and expenses (including attorneys'
fees) arising from, in connection with or caused by any act or omission of Grantor or any contractor,
agent or employee of Grantor, including without limitation any use of the Property by Grantor or any
contractor, agent or employee of Grantor, or any accident, injury, death or damage to any person or
property occurring in, on or about the Property, or any part thereof, from any activity, work or thing
done by Grantor or its agents, employees or contractors. If any action or proceeding is brought
against the Indemnified Parties by reason of any such claim, Grantor, upon notice from Grantee or
Authority, shall defend the same at the Grantor's expense by counsel reasonably satisfactory to
Grantee and Authority. Grantor, as a material part of the consideration for the construction by
Authority of the Parking Improvements, hereby waives all claims in respect of damage to property or
injury to persons in, upon or about the Property arising from any cause against Grantee and Authority
except in the event of any claim arising in whole or in part out of the negligence or willful
misconduct of the Grantee or Authority. These provisions are in addition to, and not in lieu of, the
insurance required to be provided by Section 6 hereof.
7.2 Hazardous Materials. In addition to the foregoing indemnity, Grantor agrees to
indemnify, protect, defend and hold the Indemnified Parties harmless from and against any claim,
action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or
expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon
(i) the presence of any I lazardous Materials currently located in, on, under or about the Property at
the time of the recordation of this Agreement; (ii) the release, use, generation, discharge, storage or
disposal of any Hazardous Materials (as hereinafter defined) by Grantor or its employees, agents or
contractors on, to or from, the Property, or (ii) any violation, or alleged violation, or non-compliance
with the requirements of any statute, ordinance, order, rule, regulation, permit, judgment or license
relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous
Materials on, under, in or about, to or from, the Property by any person or entity other than Grantee,
Authority or member of the public availing itself of the use of the Easement and which use by such
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P6401 -000 1\1 804626v5.doc
Contract No. C2941OF
member results in such violation or non-compliance. As used herein, the term "Hazardous Materials"
shall include, but not be limited to, substances defined as "hazardous substances," "hazardous
materials," "pollutant or contaminant," "imminently hazardous chemical substance or mixture,"
"hazardous air pollutant," "toxic pollutant," "hazardous waste," "extremely hazardous waste" or
"toxic substances" in any of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation
Act, 49 U.S.C. §1801, et seq.; The Resource Conservation and Recovery Act, 42 U.S.C. §6901, et
seq.; and those substances defined as "hazardous substances" in §25316 of the California Health &
Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws.
8. Covenants Shall Run With the Land. All the agreements, rights, covenants and grants
of easement contained in this Agreement shall run with the land (as defined in California Civil Code
Sections 1460 and 1462); shall inure to the benefit of the Grantee and the Authority, as a third -party
beneficiary, and their respective successors and assigns; and shall be binding upon the Grantor, its
successors and assigns, and all other persons acquiring the Property or any part thereof, whether by
operation of law or in any other manner whatsoever. The Easement shall burden the Property for the
benefit of the Grantee.
9. Enforcement. In the event of any default or breach by a party in the performance of
any of its obligations or agreements herein, the other party shall have the right, but not the obligation,
to cure such default for the account and at the expense of the defaulting party, and the non -defaulting
party shall have the right to recover from the defaulting party all damages, and all costs and other
sums expended in connection therewith, including reasonable attorneys' fees, plus interest thereon at
the maximum legal rate permitted to be charged by non-exempt lenders under the laws of the State of
California. In the event of a default or breach by Grantor, Grantee may impose a lien upon the
Property (including the improvements thereon) with power of sale (such rights being hereby granted
by Grantor). Such lien may be imposed by (i) serving written notice upon Grantor, which notice shall
contain a representation of non-compliance with the provisions of this Section, an explanation as to
the nature of the particular obligation, and (ii) by duly recording a copy of such notice in the Official
Records of Riverside County, California. The priority of such lien shall be determined as of the date
of filing the same of record; provided, however, any such lien shall nevertheless be subject and
subordinate to the lien of any mortgage or deed of trust hereafter covering any portion of the
Property. Such lien shall continue until fully discharged, but in no event longer than five (5) years
from the date of recordation, and may be foreclosed by a judgment at law or by means of a power of
sale in accordance with the laws of the State of California pertaining to foreclosure of mortgages with
a power of sale. Such lien shall secure not only the amount stated in the aforesaid notice, but also the
reasonable costs and expenses of enforcing the same, including interest at the rate provided herein
and reasonable attorneys fees. In addition, in the event of a party's default, the other party may
pursue any other remedies or proceedings available to it at law or in equity against the defaulting
party. The non -defaulting party may, in any such proceeding, recover damages from or on account of
such violation; secure by way of specific performance or otherwise the performance of such
covenant, condition, easement or restriction; or obtain any other remedy provided for at law or in
equity.
116401-0001\1804626v5.doc
Contract No. C2941OF
10. Miscellaneous.
10.1 Notices. Unless otherwise specifically provided in this Agreement, all notices,
demands or other communications given to either party shall be in writing, and shall be sent by
certified mail, return receipt requested, postage prepaid and addressed as follows, and shall be
deemed received only upon receipt thereof (but a party may change its address for noticed by a notice
given under this Section):
To Grantee: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
To Grantor: Palm City Association
Attention:
10.2 Public Not Third -Party Beneficiaries. Except as provided in Section 10.11
hereof, no person shall have any enforceable rights under this Agreement other than the parties hereto
and their successors and assigns, notwithstanding any provisions hereof which contemplate that other
persons may exercise certain privileges, or any references herein to the general public.
10.3 No Waiver. No waiver by a party of any default of the other party shall be
implied from any omission by the non -defaulting party to take any action in respect of such default.
No express waiver of any default shall affect any default or cover any period of time other than the
default and period of time specified in such express waiver. One or more waivers of any default in
the performance of any term, provision or covenant contained in this Agreement shall not be deemed
a waiver of any subsequent default in the performance of the same term, provision or covenant or any
other term, provision or covenant contained in this Agreement. The consent or approval by a party to
or of any act or request of the other party requiring consent or approval shall not be deemed to waive
or render unnecessary the consent or approval to or of any subsequent similar acts or requests.
10.4 No Partnership. None of the terms or provisions hereof shall be deemed to
create a partnership between or among the parties hereto, nor shall it cause them to be considered
joint venturers, or members of any joint enterprise, in the operation of the Property or otherwise.
10.5 Entire Agreement. This instrument contains the entire agreement of the parties
hereto as to the rights herein granted and the obligations herein assumed, and no oral representation
shall be of any force or effect. No modification of this Agreement shall be of any force or effect until
signed by the party to be charged.
10.6 Severability. The invalidation of any covenant, condition, or restriction or any
other provision contained herein or the application thereof to any person or entity by judgment or
court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions
hereof, or the application thereof to any other person or entity, and the same shall remain in full force
and effect.
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Contract No. C2941OF
10.7 Attorneys' Fees. In the event any party hereto shall commence any action
against any other party relating to this Agreement or for the breach of any obligation contained
herein, the prevailing party shall be entitled to recover from the losing party reasonable attorneys'
fees, expenses, and court costs.
10.8 Counterparts. This Agreement may be executed in any number of'
counterparts, each of which shall be deemed an original and all of which, when taken together, shall
constitute one and the same document.
10.9 Authority of City Manager. Notwithstanding anything to the contrary
contained herein, without further authorization of the City Council of the City, the City Manager of
the City may consent to and execute any amendment to this Agreement which does not substantially
alter or change a material term or provision hereof, and any termination document contemplated by
Section 1 hereof.
10.10 Time of Essence. Time is of the essence of each provision hereof in which
time is a factor.
10.11 Third -Party Beneficiary. The Grantor and Grantee intend that the Authority
shall be a third -party beneficiary under this Agreement with respect to the rights and benefits
hereunder expressly conferred on the Authority, with the right of enforcement thereof.
so
116401-0001\18046260 doc
Contract No. C2941OF
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date and
year first above written.
Approved as to Form:
.31
GRANTOR:
PALM CITY ASSOCIATION
By:
Print Name:
Title:
GRANTEE:
CITY OF PALM DESERT
By:
Print Name:
Title:
Attest:
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A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Signature
(Seal)
-8-
P6401 -0001 \1 804626v5.doc
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On
before me,
(insert name and title of the officer)
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Signature
(Seal)
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
(Attached.)
Contract No. C2941OF
P6401-0001\1804626v5.aoc
Contract No. C2941OF
EXHIBIT "A"
LEGAL DESCRIPTION
AREA 'A"
PARKING LOT EASEMENT
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, THAT PORTION OF LOT 27, AS SHOWN ON TRACT NO.
2137, ON FILE IN BOOK 41, PAGES 29 THROUGH 36, INCLUSIVE, OF
MAPS, RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 13,
TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF
CALIFORNIA DRIVE AND AVENUE OF THE STATES;
THENCE NORTH 62022-37" WEST, A DISTANCE OF 33.00 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 352.00 FEET; SAID POINT ALSO BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA DRIVE, 66.00' WIDE,
OF SAID TRACT NO. 2137;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL
ANGLE OF 10°20'57", AN ARC DISTANCE OF 63.58 FEET, TO THE TRUE
POINT OF BEGINNING; A RADIAL LINE TO SAID POINT BEARS NORTH
52001'40" WEST.
THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE THROUGH A
CENTRAL ANGLE OF 38°07'04", AN ARC DISTANCE OF 234.18 FEET;
THENCE RADIAL TO SAID RIGHT-OF-WAY LINE, NORTH 13°54'36" WEST,
A DISTANCE OF 20.00 FEET;
THENCE NORTH 04024'38" WEST, A DISTANCE OF 51.92 FEET;
THENCE NORTH 76022'34" EAST, A DISTANCE OF 125.73 FEET;
THENCE NORTH 44024'42" EAST, A DISTANCE OF 62.87 FEET;
THENCE SOUTH 67°09'44" EAST, A DISTANCE OF 21.39 FEET;
THENCE SOUTH 52001'40" EAST, A DISTANCE OF 20.00 FEET TO THE
TRUE POINT OF BEGINNING;
PAGE 1 OF 2
P6401-0001\1804626v5.doe
Contract No. C2941OF
EXHIBIT "A"
LEGAL DESCRIPTION
AREA `A"
PARKING LOT EASEMENT
CONTAINING 11,472 SF OR 0.263 ACRES, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS -OF -WAY OF RECORD.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF: LA%
6;�Cz 04MLES R. HARFiIS
CHARLES R. HARRI P.L.S. 4989
DATED:
EXP.12/31/2015 * No.4O" 1
3 �� �S 7�
OF:
PAGE 2OF2
P6401 -000 1 \1 804626v5.doc
EXHIBIT •B"
PARKING LOT EASEMENT
AREA "A"
A PORTION OF LOT 27, TR. 2137,
MB 4V296 SE�TION 13,
5S, R-36e, S. .M.
0' 60, 120'
SCALE 1"=60'
LOT 27
TRACT NO. 2137
MB 41/29-36
AREA 'A'
11,472 SO. FT.
0.263 AC.
125."! S,
,622.3q" E
WESTERLY R/W LINE
OF CALIFORNIA DRIVE
AND MICHIGAN DRIVE
pm�gd�ti QQ0 <
w
DATED: 3/10/2015
(—) INDICATES RECORD DATA
PER RS 136/62-63
Contract NO. C2941OF
Z \
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UI �
P.O.C.
INT—X OF
CALIFORNIA DR. do
AT OF THE STATES
Sr
s
— T.P.O.&
AREA "A"
LOT 1
TRACT NO. 4887
MB 75/28-29
LINE DATA
NO.
BEARING
LENGTH
L1
N 6722'37 W
33.00
L2
N 13.54 36 W
20.00'
L3
N 04'24 38 W
51.92
L4
N 44'24 42 E
62.87
L5
S 67'09 44 E
21.39
L6
IS 52'01 40 E
20.00
CURVE DATA
NO.
DELTA
I RADIUS
I LENGTH
Cl
1 10'20 57
352.00
63.58
IDMSA CONSULTING, INC.
PLANNING ■ CmL ENGINEERING
LAND SURVEYING
J.N. 1892 SHEET 1 of 1
P6401-0001\1804626v5.doc
Contract No. C2941OF
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Parking
Easement Agreement dated , 2015, from Palm City Association, to the City of
Palm Desert, which is a political corporation, is hereby accepted by the undersigned officer on
behalf of the City of Palm Desert pursuant to the authority conferred by action of the City
Council of the City of Palm Desert on , 2015, and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: , 2015
Print Name:
Title:
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Los Angeles
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
Signature
(Seal)
-5-
P640 1 -0001 \1 804626v5.doc
Contract No. C2941OG
AGREEMENT FOR CONSTRUCTION ACCESS AND PARKING EASEMENT
THIS AGREEMENT FOR CONSTRUCTION ACCESS AND PARKING EASEMENT
(this "Agreement") is dated , 2015, and is entered into by and between the PALM
DESERT HOUSING AUTHORITY, a public body ("Grantee"), and PALM CITY
ASSOCIATION, a California corporation ("Grantor").
RECITALS
A. Grantor is the owner of that certain property located in the City of Palm Desert,
California (the "City") and described on Exhibit "A" attached hereto (the "Property").
B. Grantor has asked Grantee to construct the parking improvements described on
Exhibit "13-1" ("Parking Improvements") on the Property in exchange for granting to Grantee
and the City of Palm Desert a public parking easement in the form attached hereto as Exhibit "C"
("Parking Easement").
C. The Parking Easement will benefit residents of the City and will mitigate a traffic
condition resulting from the construction of the Carlos Ortega Villas housing development and
associated offsite improvements.
D. Grantee requires this Agreement in order to construct the Parking Improvements
on the Property.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged, Grantor and Grantee agree as follows:
1. Grantor hereby grants to Grantee a non-exclusive temporary easement in gross in,
on, over and across the Property, to allow the Grantee to construct the Parking Improvements on
the Property. Grantee shall substantially complete the Parking Improvements within one
hundred eighty (180) days after either (i) issuance of the parking easement title insurance
described in Section 6 or (ii) the commencement of construction of the Parking Improvements,
whichever is earlier, subject to delays beyond the control of Grantee.
2. Grantee shall be solely responsible, at Grantee's sole cost and expense, for
construction of the Parking Improvements.
3. Grantee shall keep the Property free of any liens, including without limitation
mechanic's or materialmen's liens, arising out of the construction of the Parking Improvements.
4. Grantee shall defend, indemnity and hold Grantor harmless from claims,
liabilities, damages, losses, costs and expenses ("Claims") arising from Grantee's or its
contractors use of the Property for the purposes described herein, excluding Claims that arise
from the completed Parking Improvements after acceptance thereof by Grantor or Claims that
arise out of Grantor's negligence or willful misconduct. Grantor shall defend, indemnify and
hold Grantee and City harmless from any Claims arising from the physical condition of the
Property not known to Grantee (including, without limitation, the presence of hazardous
P6401-0001 \ I 804622v4 doc
Contract NO. C2941OG
substances not known to Grantee), excluding Claims that arise out of Grantee's, its contractors or
City's negligence or willful misconduct.
5. Upon completion of the Parking Improvements, Grantee shall notify Grantor in
writing of completion and Grantor shall have twenty (20) days to inspect the Parking
Improvements and accept them in writing. The Grantee's acceptance of the Parking
Improvements shall not unreasonably be withheld or delayed, and provided further that Grantor's
use of the Parking Improvements shall constitute Grantor's acceptance thereof.
6. Grantor shall promptly execute, acknowledge and deliver to Grantee for recording
a counterpart original of the Parking Easement, and Grantee shall then execute, acknowledge and
deliver it to Stewart Title of California ("Title Company") for recording subject to Title
Company's issuance to Grantee of an easement title policy in the amount of the estimated cost of
the Parking Improvements showing that the Parking Easement is not subject or subordinate to
any lien, other than property taxes and assessments not yet due. The Grantee shall pay for the
cost of said title insurance policy.
7. If any legal action or proceeding arising out of or relating to this Agreement is
brought by either party, the prevailing party shall be entitled to receive from the other party, in
addition to any other relief that may be granted, the reasonable attorneys' fees, costs and
expenses incurred in the action or proceeding by the prevailing party.
8. No termination or modification of, deletion from, or amendment to this
Agreement shall be effective unless made in writing and executed by Grantor and Grantee. This
Agreement contains the entire agreement between the parties relating to the easement granted
herein. This Agreement is made under and shall be construed in accordance with and governed
by the laws of the State of California. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provision. This Agreement
may be executed in counterparts, each of which shall be deemed an original, but all of which,
taken together, shall constitute one and the same instrument. The individuals executing this
Agreement each hereby certify that they have full power and authority to do so, and that the
performance of all obligations contained herein have been duly authorized by all requisite
actions on the part of the party on behalf of which they are executing this Agreement and that
this Agreement binds such party.
9. It is the intent of the parties hereto that each and all of the covenants, conditions
and restrictions set forth in this Agreement shall bind the Property and bind and inure to the
benefit of the parties and their respective successors -in -interest; provided, however, the Grantee
may not assign, encumber or otherwise transfer, in whole or in part, its rights or obligations
hereunder, including without limitation the easement granted hereunder, without the prior written
consent of the Grantor, which consent may be granted or withheld in the sole and absolute
discretion of the Grantor.
10. Any notice given under this Agreement shall be in writing and shall be deemed to
have been given upon (i) two (2) business days after being deposited with Federal Express or
another reliable overnight courier service or next day delivery, or (ii) two (2) business days after
-2-
P6401-0001\1804622v4.Joc
Contract No. C2941OG
being deposited in the United States mail, certified mail, postage prepaid, return receipt required,
and addressed to the parties at the addresses following their signatures below.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement for
Construction Access Parking Easement to be executed as of the date first written above.
GRANTEE:
PALM DESERT HOUSING AUTHORITY,
a public body
By:
Print Name:
Title:
Attest:
Address for Notices: Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Attention:
Approved as to Form:
Richards, Watson & Gershon,
counsel to Grantee
GRANTOR:
PALM CITY ASSOCIATION,
a California corporation
By:
Print Name:
Title:
Address for Notices:
Attention:
1'6401-0001\1804622v4.doc
-3-
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
(Attached.)
Contract No. C2941OG
116401-0001 \ 1804622v4. doc
Contract No. C2941OG
EXHIBIT "A"
LEGAL DESCRIPTION
AREA 'A"
PARKING LOT EASEMENT
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, THAT PORTION OF LOT 27, AS SHOWN ON TRACT NO.
2137, ON FILE IN BOOK 41, PAGES 29 THROUGH 36, INCLUSIVE, OF
MAPS, RIVERSIDE COUNTY RECORDS, LOCATED IN SECTION 13,
TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF
CALIFORNIA DRIVE AND AVENUE OF THE STATES;
THENCE NORTH 62*22-37" WEST, A DISTANCE OF 33.00 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 352.00 FEET; SAID POINT ALSO BEING ON THE
WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA DRIVE, 66.00' WIDE,
OF SAID TRACT NO. 2137;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL
ANGLE OF 10°20'57", AN ARC DISTANCE OF 63.58 FEET, TO THE TRUE
POINT OF BEGINNING; A RADIAL LINE TO SAID POINT BEARS NORTH
52°01'40" WEST.
THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE AND ALONG SAID WESTERLY RIGHT-OF-WAY LINE THROUGH A
CENTRAL ANGLE OF 38'07'04", AN ARC DISTANCE OF 234.18 FEET;
THENCE RADIAL TO SAID RIGHT-OF-WAY LINE, NORTH 13°54'36" WEST,
A DISTANCE OF 20.00 FEET;
THENCE NORTH 04*24-38" WEST, A DISTANCE OF 51.92 FEET;
THENCE NORTH 76022'34" EAST, A DISTANCE OF 125.73 FEET;
THENCE NORTH 44024'42" EAST, A DISTANCE OF 62.87 FEET;
THENCE SOUTH 67009'44" EAST, A DISTANCE OF 21.39 FEET;
THENCE SOUTH 52001'40" EAST, A DISTANCE OF 20.00 FEET TO THE
TRUE POINT OF BEGINNING;
PAGE 1 OF 2
P6401-0001 \ 1804622v4. doe
Contract No. C2941OG
EXHIBIT "A"
LEGAL DESCRIPTION
AREA `A"
PARKING LOT EASEMENT
CONTAINING 11,472 SF OR 0.263 ACRES, MORE OR LESS.
SUBJECT TO EXISTING EASEMENTS, COVENANTS, RIGHTS AND
RIGHTS -OF -WAY OF RECORD.
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
PREPARED BY OR UNDER THE DIRECTION OF: LAAb
CHARM It NAFM
CHARLES R. HARRI P.L.S. 4989
EXP.12/31/2015 * No.46ea
DATED: 2 /o /S"
OF CAj
PAGE 2 OF 2
P6401-0001\1804622v4 doc
EXHIBIT "B°
PARKING LOT EASEMENT
AREA "A"
A PORTION OF LOT 27. TR. 2137,
M8 41J29-36 SES71ON 13,
15S, R6t, S. .M.
0' 60' 120'
SCALE 1'=60'
DATED: 3/10/2015
LOT 27
TRACT NO. 2137
MB 41/29-36
AREA 'A'
11,472 SO. FT.
0.263 AC.
. C 1
WESTERLY R/W LINE
OF CALIFORNIA DRIVE
AND MICHIGAN DRIVE
(—) INDICATES RECORD DATA
PER IRS 136/62-63
Contract NO. C2941OG
1
I gI
z
V
P.O.C.
INT—X OF
CALIFORNIA DR. do
AVE. OF THE STATES
44
- T.P.0.8.
AREA "A"
LOT 1
TRACT NO. 4887
MB 75/28-29
LINE DATA
NO.
BEARING
LENGTH
L7
N 62'22'37 W
33.00
L2
N 13'54 36 W
20.00'
L3
N 04'24 38 W
51.92'
L4
N 44'24 42 E
62.87
LS
S 67'09'44 E
21.39
L6
IS 52'01 40 E
20.00
CURVE DATA
NO.
DELTA
I RADIUS
I LENGTH
C11
10'20 57
352.00
63.58'
IDMSA CONSULTING, INC.
PLANNING • CIVIL ENGINEERING
LAND SURVEYING
J.N. 1892 SHEET 1 OF 1
P6401-0001\1804622v4.doc
Contract No. C29410G
EXHIBIT "B-1"
DESCRIPTION OF PARKING IMPROVEMENTS
Paved parking spaces for 21 cars, with necessary drainage, lighting and associated
appurtenances.
P6401 -0001\1 804622v4.doc
Contract No. C2941OG
EXHIBIT "C"
FORM OF PARKING EASEMENT AGREEMENT
(Attached.)
P6401-0001\1804622v4.doc
Contract No. C2941OG
PALM CITY ASSOCIATION d/b/a PALM DESERT COUNTRY CLUB ASSOCIATION
RESOLUTION OF THE BOARD OF DiREC'TORS
WI IEREAS. the Palm City Association ("Palm Desert Country Club Association") o%4ns and is
charged with the duty and authority to manage. operate, control and make decisions regarding all
ot'the Common Area within the Palm Desert Countn Club Association conununity.
W11FREAS, the Patin Desert (lousing Authority ("Authority") desires to construct a paNcd
parking lot on Common Area to mitigate it tral7ic condition resulting Isom the construction ol'the
Carlos Ortega Villas (lousing Development and associated ott'site improvements ("Parking
Lot").
WHEREAS. Palm Desert CountryClub Association has been asked to grant a public parking
easement to the Authority and the City of Palm Desert ("City") to allow (a) the .Authority to
construct and the City to maintain the Parking Lot and (b) fir members of the public to use the
Parking Lot.
WHEREAS, to effectuate the construction of the Parking Lot, the Palm Desert Country Club
Association and the Authority have negotiated an "Agreement for Construction Access and
Parking Easement."
W1IFRFAS, to effectuate the maintenance and use of the Parking Lot by the C'it) and members
of, the public, the Palm Desert Country Club Association and the Cite have negotiated the
"Parking Easement :'Agreement," which is to be recorded in the Official Records of County
Recorder of Riverside C'OUmN .
NOW, 111FRI:EORF;. 131•. fC RI:SOI.VI•:D, that the Board. at an open meeting and effective on
the date of certification by the Palm Desert Country Club Association's Secretary set forth
below, has agreed to sign and, as applicable, property notarize the "Agreement for Construction
Access and Parking Easement'* and the "Parking F.asement Agreement" once both documents are
duty approved by the Authority and the City.
APPROVED this 27'h day of March. 2015, by the Board of Directors of the Palm Desert Country
Club Association.
CERTIFICATE OF Si':CRETARY
1, the undersigned, certify that I am the duty qualified and appointed Secretary of Palm Desert
Country Club Association, a California nonprofit mutual benefit corporation, and the foregoing
resolution vvas duly adopted and approved by the Board of Directors of Palm Desert Country
Club Association at an open meeting held on March
Dated: _A7AW,#--;7j..20/6
Secretary V
CITY OF, PALM DESERT
CONSTRUCTION, CHANGE ORDIR
Contract Purpose Carlos Ortega Villas
Consultant's Name Optimus Construction Inc.
Address: 440 Western Avenue, Suite 202
Glendale, California 91201
Contract # / P.O. #
Change Order No.
Contingency:
Account No.
Project No.
Vendor No.
HA29410B
P019255
9
YES
I NO
871-8691-466-4001
703-8691-466-4001
825-11
13425
You are hereby requested to comply with the following changes from the contract plans and specifications:
DESCRIPTION OF CHANGES
DECREASE
INCREASE
Optimus COR Nos. 16, 21 R1, 23, 24112, 25, 26, 27, and 29
In Contract Price
In Contract Price
Credit for pool shower wall material change
3,902.68
Circuit and conduit for range
639.27
Credit for revised clerestory framing
4,000.00
Fire sprinkler revisions
2,157.70
Palm Desert Country Club parking lot
187,701.28
Kerrigan landscaping
1,266.46
Half siphon at Avenue of the States
4,403.50
Credit for property wall
676.87
TOTALS:
8,579.55
196,168.21
187,588.66
NET CHANGE IN CONTRACT PRICE:
JUSTIFICATION: Credits and additions to the scope of the contract.
TOTAL BUDGET FOR PROJECT:
+
15,711,752.03
CONTINGENCY:
Less: Expend. & Encumb. To Date:
-
15,524,163.37
Amount Approved by Council:
+
1,542,335.13
Less: This Change Order Amount:
-
187,588.66
Less: Prior Change Order(s):
100,811.98
BALANCE OF BUDGET
Less: This Change Order:
-
187,588.66
REMAINING FOR PROJECT:
0.0011
1 Balance Remaining of Contingency:
1,253,934.49
The amount of the Contract will be Increased by the Sum of: One Hundred Eighty-seven Thousand Five
Hundred Eighty-eight and 66/100 Dollars ($187,588.66).
GAPubWorks\PROJECTS\825-11 Carlos Ortega Villas\Staff Reports\2015.04-09 SR - Optimus OCO 9 - Parking Easement with PDCC\Contract Change Order No. 9.docx See reverse ...
Contract HA29410B Change Order No. 9 Continued from front
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish
equipment and materials, and perform all work as necessary or required to complete the Change Order items for a
lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension -0- Days.
Revised Contract Total $15,711,752.03.
The undersigned Contractor approves the foregoing Change Order No. 9 as to the changes, if any, in the contract
price specified for each item including any and all supervision costs and other miscellaneous costs relating to the
change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said
Change Order No. 9. The Contractor agrees to furnish all labor and materials and perform all other necessary work,
inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Order
items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood
that the Change Order shall be effective when approved by the Owner.
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies,
waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of
or related to the subject of the Change Order, whether known or unknown, including but not limited to direct and
indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as
any and all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
DEPARTMENT HEAD CONTRACTOR Date Accepted
3. CERTIFIED
FUNDS AVAILABLE: 4. APPROVED BY:
FINANCE DIRECTOR SUSAN MARIE WEBER, CHAIRMAN Date Approved
NOTE: No payments will be made prior
to Executive Director and Housing
Authority approval EXECUTIVE DIRECTOR Date Approved
G \PubWorks\PROJECTS\825-11 Cartos Ortega Villas\Staff Reports\2015-04-09 SR - Optimus OCO 9 - Parking Easement with PDCC\Contract Change Order No. 9.tlocx See reverse ...
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