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HomeMy WebLinkAboutAppropriation Widening Hovely Ln E from Water Wy to Oasis Club Dr CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Authorize the Appropriation of $954,500 from the General Fund to Transfer to Fund 400 and Appropriate $954,500 from Fund 400 for the Widening of Hovley Lane East from Water Way to Oasis Club Drive SUBMITTED BY: Ryan Gayler, Management Analyst DATE: April 24, 2003 CONTENTS: Agreement with Sunrise Desert Partners Letter from resident of The Carlotta Street Widening and Median Diagrams Vicinity Map Recommendation: By Minute Motion: 1) Appropriate $954,500 from Fund 400 for the widening of Hovley Lane East from Water Way to Oasis Club Drive. 2) Appropriate $954,500 to the General Fund transfer account: 110-4199-499-5010. 3) Authorize the transfer of $954,500 from the General Fund to Fund 400 for the widening of Hovley Lane East. The $954,500 includes the cost of construction of the road, median, and drainage improvements. Contingency money is also included. 4) Authorize prohibition of left turn egress from Carlotta Drive onto Hovley Lane East. Executive Summary: Over the last ten years, Hovley Lane East has seen a dramatic increase in traffic. This increase is due largely to spillover from Fred Waring Drive and Country Club Drive. In the late 1990's, the Public Works Department sought to find a means to widen Hovley Lane East to alleviate the increased traffic volume. Sunrise Desert Partners dedicated right-of-way to the City of Indian Wells to provide room for two eastbound lanes of traffic and a median. Sunrise Desert Partners is planning a large development south of Hovley Lane East and, as part of the development agreement, they are required to construct the two eastbound lanes. They originally were going to construct the road at the end of the project, but in August 2000, the City of Palm Desert approved a reimbursement agreement requiring the developer to construct the road and medians at the beginning of the project, providing that the City of Palm Desert finance it. The developer is required to reimburse the City of Palm Desert within five years of the final payment date. Since initial approval of the project plans in 2000, traffic volumes have continued to increase on Hovley Lane East. This trend is expected to continue with widening of the roadway. We have received a request from a resident of The Carlotta development for stop signs at the intersection of Hovley Lane East and Carlotta Drive. Staff has evaluated this intersection and does not recommend Staff Report-Widening of Hovley Lane East at Water Way& Oasis Ciuo iJrive Page 2 of 2 April 10, 2003 stop signs. However, it is recommended that left turn egress from Carlotta Drive onto Hovley Lane East be prohibited as shown on the attached diagram. The Carlotta neighborhood will continue to enjoy easy access to the east via Sandcastle Lane to Eldorado Drive to Hovley Lane East. The City of Palm Desert had money budgeted to finance the subject project, but in wake of the terrorist attacks of 2001 and the subsequent lag in the economy, the developers were not in a position to start a large housing development. Because of the apparent decrease in interest of the developers for developing the land, the Public Works Department reprogrammed the budgeted money to higher priority projects. We currently do not have money budgeted to pay for the widening of Hovley Lane East, but at the end of March 2003, the developer contacted the Public Works Department to see if we were ready to finance the project. All of our Measure "A" money has been allocated to projects that are of higher priority, but because of the reimbursement agreement, we are obligated to fund this project. One solution is to reprogram money from other street projects; however, most of those are already designed and ready for construction during Summer 2003. They are also a higher priority on our Capital Project list. Another alternative is to use General Fund money to finance the project. The developer is required to reimburse the City of Palm Desert in two to five years. If the developer takes longer than two years to reimburse us, the City begins to collect interest at six percent (6%) per year. Therefore, staff recommends, City Council, by minute motion, appropriate $954,500 to the General Fund transfer account: 110-4199-499-5010, and authorize the transfer of $954,500 from the General Fund to Fund 400 for the widening of Hovley Lane East, and appropriate $954,500 from Fund 400 for the subject project. Submi y: Department Head: Ry Gayler Michael Errante, P.E. Management lyst Acting Director of Public Works/ City Engineer Approv I: at AC for Devel t Services irector of Finance ...ITY COUNCIL/ACTION: City Manager APPROVED r/ f DENIED RECEIVED OTHER /sd * Approved Recommendation Nos. 1 1-3; MEETING DATE t{•�?l(-© staff directed to return to the Counci]AYES: 00 (�;j yl�L���{� 1 6}1 on NO. 4 witha report/recommendation NOES: L`Qi V on Carlotta Drive traffic issues and a ABSENT: potential redesign of the intersection ABSTAIN: of include a through-lane bypass. VERIFIED BY:IZIJK Y1 4-1 (Spiegel NO) Original on File wh 98ity Clerk's Office G:IPubWorkslStaff Reportsl20031Apnl 101Hovley Lane Widening from Water Way to Oasis Club Drive REVISED.doc Contract No. C.181 70 REIMBURSEMENT AGREEMENT This Reimbursement Agreement is made this24th day of August 2000, between the City of Palm Desert, a Municipal Corporation ("City"), and Sunrise Desert Partners, a California Limited Partnership ("Developer"). RECITALS A. WHEREAS, Developer is the owner of real property in the City of Indian Wells (the "Real Property") on which Developer proposes to build a master-planned residential golf course community with two golf courses and approximately 650 homes (the "Project"). The Real Property is described in Exhibit A attached hereto. B. WHEREAS, the northerly boundary of the Real Property abuts Hovley Lane East. The north half of Hovley Lane East is located in the City of Palm Desert and has been fully improved(except for portions of a future median). The south half of Hovley Lane East, which is not improved, is located in the City of Indian Wells. C. WHEREAS, Developer will be required as a condition of approval of the Project to improve the south half of Hovley Lane East. However, based on Developer's phasing plan, such improvements would not occur for several years. City has expressed an interest in accelerating the improvement of the south half of Hovley Lane East, and Developer is willing to do so, on the terms and conditions herein set forth. D. WHEREAS, Developer has caused plans for the improvement of the south half of Hovley Lane East, along with those portions of the median located in the north half, to be prepared (the "Plans"). The Plans, which are described in Exhibit B attached hereto, have been approved by City and by the City of Indian Wells. E. WHEREAS, Developer has dedicated the portion of the Real Property included in the future right-of-way for Hovley Lane East to the City of Indian Wells and the City of Indian Wells has accepted such dedication. . F. WHEREAS, based on the forgoing recitals, the parties desire to enter into this Reimbursement Agreement. NOW, THEREFORE, City and Developer hereby agree as follows: I. Developer shall construct and install the improvements to the south half of Hovley Lane East in accordance with the Plans ("South Half Improvements"). Developer shall also construct and install the portions of the median located in the north half of Hovley Lane East in accordance with the Plans ("North Half Improvements"). Developer shall enter into a contract with a qualified contractor to perform the work, and such contract shall be subject to City's reasonable prior approval. The contractor shall post performance and labor and material bonds in favor of City and the City of Indian Wells in form and substance reasonably acceptable to City (and to the City of Indian Wells.) Developer shall diligently pursue such construction and installation to completion. Contract No. C18170 2. (a) City shall reimburse Developer for the actual cost of the preparation of the Plans and for the actual construction costs of the South Half Improvements. Such reimbursement shall be made to Developer as the work progresses, no more frequently than once each month, based on requests for payment made by Developer to City. Each request for payment shall be accompanied by appropriate invoices from the contractor and evidence of payment thereof by Developer, together with appropriate mechanics lien releases. The total amount reimbursed to Developer in accordance with this Paragraph 2 (a) is referred to as the "Total Costs." The date of the final payment by City to Developer hereunder is referred to as the"Final Payment Date." (b) The parties acknowledge that the actual construction costs of the North Half Improvements will be reimbursed to Developer by City from (i) funds currently held by City on account of Community Facilities District No. 91-1 (Indian Ridge), and (ii) funds previously deposited by the developers of other adjacent projects. (c) The parties acknowledge that certain related improvements will not be completed at this time, but will be completed in the future in accordance with the conditions of approval for the Project. Such future improvements include: (i) Final pavement cap on the south half of Hovley Lane East; (ii) Median landscaping; (iii) Sidewalk along south side of Hovley Lane East; and (iv) Landscaping along south side of Hovley Lane East. 3. Developer shall reimburse City for an amount' equal to the Total Costs, plus interest, as set forth in this paragraph. The Total Costs shall not bear interest for a period of two years after the Final Payment Date. Thereafter, beginning two years after the Final Payment Date, the Total Costs shall accrue interest at the rate of six percent (6%) per annum. Developer shall make such reimbursement to City on the earlier of the following dates: a. Five years after the Final Payment Date; or b. The date of completion (evidenced by a Certificate of Occupancy issued by the City of Indian Wells) of the 500`h home in the Project. 4. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. In the event legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attomey's fees and costs, in addition to any other relief to which it may be entitled. Contract No. C18170 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF PALM DESERT, SUNRISE DESERT PARTNERS, a Munic'•- .043 on a California Limited Partnership,managing WO? member By:SDP Gen Par, By: a Delaware corporation, General Partner a fp) 1 �_/ By: /---k --t, Sheila R. Gilligan, Clerk Phillip K. Smith, Jr., President City of Palm Desert, Californi. APPROVED AS TO CONTENT Rich. d J. Fol •- , P.E. Assistant City Manager/ Public Works Director APPROVED AS TO FORM Da id J. in, City Attorney Cont acc. No. Ci%'A.70 EXHIBIT "A" REAL PROPERTY THE WEST HALF OF SECTION 14 AND THE EAST HALF OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 6 Er ST, SAN BERNARDINO MERIDIAN, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. • Contract No. C18170 EXHIBIT "B" HOVLEY LANE IMPROVEMENT PLANS STREET IMPROVEMENT PLANS (SHEETS 1 THROUGH 10) PREPARED BY RICK ENGINEERING COMPANY AND LABELLED: HOVLEY LANE EAST STREET IMPROVEMENT PLAN CITY OF INDIAN WELLS AND CITY OF PALM DESERT • STREET SIGNING AND STRIPING PLANS (SHEETS 1 THROUGH 9) PREPARED BY RICK ENGINEERING COMPANY AND LABELLED: HOVLEY LANE EAST SIGNING AND STRIPING PLAN CITY OF INDIAN WELLS AND CITY OF PALM DESERT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .• State of California , 1 ss. County of if2i 0f...c-srde i , On P.e bcc.oar t!o,..)tan 1 before me, C. itz.c y/ iDeroc4., we 7 v. 1 1t G Dag / Name and Tine of Officer(e.g.,'JaneDoe,Notary Publie) G personally appeared f h f i r'in k a? i LLl7 n•'�' Name(s)of Signer(s) } 9 A personally known to merc t El proved to me on the basis of satisfactory evidence to be the person(st whose name(s-) is/afe .1 1• - subscribed to the within instrument and acknowledged to me that he/shetey executed CHERYL DE YORE the same in his/herll�air authorized • `�' Commission#t240t58 Z capacity(iesi, and that by his/het/their •`_= Public-California signature(e) on the instrument the person($, or 1; 1; ti�, Notary Riverside County the entity upon behalf of which the person(s) � � MyCpnm.Ettpies0��• acted, exec d the instr ent. rNS y h n officia eal. 9' Place Notary Seal Above 'gna of Notary Public • • OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dpjcument Title or Type of Document: 1 G a i lr7 6 -cs Q.n'1 ea,k A -'ie• c_al¢,7 i , ,I 'iDocument Date: Ar..��t�►,�f. a W R Q� pCP o Number of Pages: P.:Signer(s)Other Than Named Above: s' s Capacity(ies) Claimed)by Signer M.Signer's Name: Ph ; / P K• 5/Yt a i'll , ' . RIGHT THUMBPRINT 't I4 - OF SIGNER �z ❑ Individual Top of thumb here r I% Corporate Officer—Title(s): /'c-eS i e! Q 46 ❑ Partner—❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee s ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jµ,In c IS e 0 as 42.c-L 4•0 4:.c-S %<y�%f•'CIi�C4$Cra'eO�St:%<SE%c>,0,4e_% n%,,XfXA.t<%r40.,fti;0tt-z4t%cis`%F;*—f;•e%k+ti%ti`ifs'C-4#-Xa`a6'�i._'t:%�n`c%'i?W.i'‘%e.X.i,^€45%%f:'C-4 . 0 1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 Harold Schoenfeld 41505 Carlotta Dr.Apt.221 Palm Desert,CA 92211-3272 April 9 , 2003 Mr. Mark Diercks, Transportation Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Mr. Diercks: The residents. guests, staff, vendors and neighbors of The Fountains at The Carlotta have had to cope with the blind intersection at East Hovley and Carlotta Drives ever since the City approved the construction of eight (8) foot high block walls and hedges at the Northeast and Northwest corners . We become a hazard to the high volume east-west Hovley motorists because residents, trucks, school busses, neighbors, etc. , must drive into the intersection in order to get a clear view of on-coming traffic. I understand from our conversation recently that our request for two (2) East Hovley stop signs will depend upon the traffic count and that it will take about a month to com- plete the count analysis and report. We do appreciate your effort to alleviate this traffic problem until you can install electric traffic signals. May we have an early response? Very tr y o s, Ef- Dr. Harold Schoenfeld, C airman Traffic Safety ad hoc Committee CC: City Manager C. Ortega City Council Bob Walker, C.E.O. , The Fountains Resident Council & Residents Neighborhood Residents Sgt. 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