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Home My WebLink AboutLandscape Plan, Phasing and Agreement with Westfield Corp. CITY OF PALM DESERT STAFF REPORT REQUEST: Review the proposed landscape concept; approve the proposed phasing and Landscape Agreement with Westfield; refer the plan to Architectural Review Commission; and direct developer to submit full construction documentation within sixty days of preliminary plan approval. SUBMITTED BY: Justin McCarthy, ACM/Redevelopment DEVELOPER: Westfield Corporation 11601 Wilshire Blvd., 12th Floor Los Angeles, CA 90025-1748 DATE: April 25, 2002 CONTENTS: Landscape Agreement Recommendation: By Minute Motion, review the proposed landscape concept; approve the proposed phasing and accompanying Landscape agreement with Westfield Corporation; refer the plan to Architectural Review Commission for consideration with respect to plant materials, sizing and relevant technical issues; and, direct the developer to submit full construction documentation within sixty days of preliminary plan approval. Executive Summary: The Landscape Agreement provides a mechanism per the City Council's direction to assure completion of needed landscape improvements at the Westfield Shoppingtown Mall. Westfield will provide $600,000 in surety bonds for the four follow-on phases of landscape improvements. Discussion: The Westfield Mall renovation and expansion project currently underway is at a major milestone with the pending construction of the two parking structures being funded by the City. The structures are needed to accommodate the expansion of the department stores. Concurrent with the City Council's approval of the mall and parking structure elevations and Robinson-May elevations, it was determined that a mechanism was needed to secure the G;RDA\Maria Hunt\WPDATA\mcartthy\staffrpts\42502westfieldlndscpeagm.wpd P Staff Report Landscape Plan Concept, Phasing and Landscape Agreement with Westfield Page 2 April 25, 2002 completion of follow-on landscape improvements after the parking structures were funded by the City. Community Development and Redevelopment staff worked with the developer to arrive at a landscape concept, a phasing program, and a surety mechanism to assure completion of the improvements. A significant portion of the landscaping (approximately 45(3/0)will be completed with the initial "Project". This will cover the gateways into the mall and areas adjacent to immediate improvements. The "Project" landscape improvements are part of the initial construction. This provides the City with adequate controls to assure completion of the initial landscape work. All new or substantially reconstructed areas of the parking lot will meet current City standards. Parking areas not directly impacted by "Project" construction will be brought back to original approval standards. Existing planters will be replanted with appropriate trees and modified to incorporate improvements to promote healthy growth. Rehabilitation of the rear north parking lot will be deferred until final plans for future expansion in this area are determined. There are four follow-on phases of landscape improvements to be completed by November 2006. The phasing is intended to accommodate the developer's funding ability. The developer will provide four surety bonds of$150,000 each totaling $600,000. A $150,000 bond will be released upon completion of each of the following phases. • Phase 1 - November 1 , 2003 Completion • Phase 2 - November 1 , 2004 Completion • Phase 3 - November 1, 2005 Completion • Phase 4 - November 1 , 2006 Completion The City's progress payments for construction of the parking structures will commence upon issuance of permits and subject to execution of this agreement, approval of the Preliminary Landscape Plan, submittal of approved surety bonds and completion of any conditions precedent required under the development agreement. Actual payments will be subject to certification of work completed. Submitted by: Approval: ustin McCarthy, ACM/Re elopment Carlos L. O a, City Manager G.\RDA\Maria Hunt\W PDATA\mcartthy\staffrpts\42502westfieldlndscpeagm.wpd CO * Referred to staff with direction that: CITY APPROVED XI*L ACTIONS EOVE 1) City Council is open to decoupling AP RECEIVED OTHER D the landscaping and bus shelter issues from the agreement, with the understanding MEETING DATE 4-25-02 that final approval will rest with City AYES: RRNS()N. FERGUSON. SPTF.GRT. Council; 2) if, at the staff level, an NOES: wFT.T.Y acceptable security mechanism can be ABSENT: CPTTPQ determined, permits could be issued, ABSTAIN: NONE subject to the developer's compliance VERIFIED BY: SRG by MGM with the other provisions of the agreement, Original on File with City Clerk' s Office and progress payments may proceed as agreed to. r • • • LANDSCAPE AGREEMENT THIS LANDSCAPE AGREEMENT (the "Agreement"), dated as of the day of April, 2002 (the "Effective Date"), is entered into by and between the CITY OF PALM DESERT, a municipal corporation (the "City") and WESTFIELD CORPORATION, INC., a Delaware corporation ("Developer"),as Agent for W EA Palm Desert LP,a Delaware limited partnership, as successor in interest to. The City and the Developer agree as follows. RECITALS 1. The City and Developer have heretofore entered into that certain Agreement dated as of December 9, 1999 and that certain letter Agreement dated September 26, 2001 (collectively, the "Original Agreement" in connection with the contemplated Expansion of the Center and to satisfy the City's need of public parking. 2. Pursuant to the Original Agreement Developer has the right, among other things, to expand and remodel the existing mall. 3. In connection with Developer's expansion and remodel of the existing mall the City has requested that Developer agree to perform the repair and replacement of certain landscaping and irrigation, as identified on the Exhibit "A" - Landscape Plan attached hereto and by this reference made a part hereof, (the "Landscape Work") such landscape plan to be approved by the City. The plans and specifications to be used by Developer to implement such Landscape Plan shall be subject to the City's approval, such approval not to be unreasonably withheld, conditioned or delayed. Developer will perform a substantial portion of the Landscape Work as part of the initial project as identified as "Project" on Exhibit "A". Developer has agreed to perform the balance of Landscape Work in four phases on the terms and conditions hereinafter set forth in this Agreement. For and in consideration of the mutual covenants and conditions herein set forth, the City and Developer hereby agree as follows: PURPOSE OF THIS AGREEMENT. The City and Developer desire to provide for the terms and conditions with respect to Developer's obligations to perform the Landscape Work. II. DEFINITIONS. All terms used in this Agreement shall have the same meaning ascribed to such terms in the Original Agreement unless otherwise indicated in this Agreement. C2Westfield/Palm Desert Landscape Agreement CLN 040902 041702 III. SCOPE OF LANDSCAPE WORK, MAINTENANCE OF LANDSCAPING. Developer shall commence and complete the Landscape Work within the respective time periods established in the Schedule of Performance attached hereto as Exhibit "B" and by this reference made a part hereof(hereinafter the "Phase" or"Phases" as may apply). The Landscape Work and the maintenance of the landscaping, shall be performed in accordance with the custom and practice generally applicable to first class regional shopping centers in Southern California and in compliance with the Landscape Plan (Exhibit "A") and applicable City standards. Developer shall reasonably cooperate, at no cost or expense to Developer, to seek solutions to parking issues at the City's Visitors' Center as presently located at the northwest corner of Monterey Avenue and Highway 111. IV. PERFORMANCE BOND. Prior to disbursement of progress payments by the City, Developer shall deliver to the City, one (1) Performance Bond for each of the Phases of the Landscape Work. Each Performance Bond shall be for the full amount of the estimated cost of completing the Landscape Work within any one of the Phases. The Performance Bond shall be issued by a surety company licensed to do business in the State of California and approved by the City in its sole and reasonable discretion. Within thirty (30) days following the City's final inspection and approval of any one of the Phases of the Landscape Work, the City shall release to Developer, the Performance Bond related to the completed Phase. The City's approval will be evidenced by a written statement of completion by the City's Landscape Manager and Planning Department. V. TIME FOR ACCEPTANCE OF THIS LANDSCAPE AGREEMENT BY THE CITY; DATE OF LANDSCAPE AGREEMENT. The effective date of this Landscape Agreement shall be the date when this Landscape Agreement has been signed by the City. , 2002 C2Westtield/Palm Desert Landscape Agreement CLN 040902 2 041702 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. City: Developer: CITY OF PALM DESERT, a municipal WEA PALM DESERT LP, a Delaware corporation limited partnership By: Westfield America GP LLC, a Delaware limited liability company, its general partner By: By: Westfield America Limited Mayor Partnership, a Delaware limited partnership, its sole member ATTEST: By: Westfield America, Inc.,a Missouri corporation, its general partner By: City Clerk By: Approved as to form: Its: City Attorney: C2Westfield/Palm Desert Landscape Agreement CLN 040902 3 041702 I r EXHIBIT"A" LANDSCAPE PLAN To Be Inserted 3 C2Westfield/Palm Desert Landscape Agreement CLN 040902 1 • EXHIBIT"B" SCHEDULE OF PERFORMANCE Phase Phase Phase Phase Completion Date Estimated Cost Bond Amount 1 November 1,2003 $ 150,000 $ 150,000 2 November 1,2004 $ 150,000 $ 150,000 3 November 1,2005 $ 150,000 $ 150,000 4 November 1,2006 $ 150,000 $ 150,000 4 C2Westfield/Palm Desert Landscape Agreement CLN 040902