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Home My WebLink AboutRatify C23400 Portola Palms Homeowners' Association Payment of Remaining Funds CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Ratify Memorandum Authorizing Payment under Contract C23400 to the Portola Palms Homeowners’ Association and Appropriation of Remaining Funds SUBMITTED BY: Mark Greenwood, P.E., City Engineer APPLICANT: Portola Palms Homeowners’ Association 43155 Portola Palms Homeowners’ Association Palm Desert, California 92260 DATE: December 8, 2005 CONTENTS: Memorandum Agreement Vicinity Map Recommendation: By minute motion: 1. Ratify memorandum authorizing payment to Portola Palms Homeowners’ Association in the amount of $ 5,000; 2. Ratify agreement of the payment disbursements; 3. Appropriate funds in the amount of $20,000. Discussion: On February 26, 2004 City Council approved the funding of one-half of the cost to construct a six-foot garden wall along the west boundary of Portola Palms Mobile Home Park, and the east side of the San Pascual Channel. The decision to support the request by the Portola Palms Mobile Home Park Homeowners’ Association (HOA) was made after taking into consideration community impact from the removal of the Tamarisk trees, as well a concessions offered by the HOA during the construction of the Magnesia Falls Drive Bridge. Funding was appropriated from unobligated Fund 400. After completion of the bridge and the street improvements on Magnesia Falls Drive, a meeting was held with the HOA and staff to determine the timing of disbursement of the $25,000. It was agreed that the $5,000 be given prior to the start of construction, $5,000 when the walls were in place, $10,000 when the electronics were in place, and $5,000 when the final City inspection was complete. C:\\Users\\nmartin\\AppData\\Local\\Temp\\14438 (3)_938023\\14438 (3).doc Ratify Funding for Portola Palms Wall Page 2 of 2 December 8, 2005 Michael Errante, Director of Public Works, and Gloria McCormack, Portola Palms Homeowners’ Association President, signed an agreement dated January 20, 2005 for the disbursements of the $25,000. The first payment was made to the HOA on January 20, 2005. When the second payment due to the HOA was requested from the Finance Department it was discovered that the funds appropriated for this project were not carried over to the current fiscal year. Public Works staff was informed that the funds would need to be re- appropriated for further payments to take place and they would also require that City Council ratify the agreement outlining the disbursement of funds. The attached memorandum was sent to the City Manager to authorize the second payment. It has been communicated to staff that the construction of the electronic gate on Magnesia Falls will begin shortly. Upon the completion of the electronic gate, the third payment of $10,000 will be made, followed by the final payment when the project has been approved by the Building and Safety Department. Funds are available for this work in the unobligated Fund 400. Therefore, staff recommends that City Council, by minute motion, ratify the memorandum authorizing the second payment to the Portola Palms Homeowners’ Association; ratify the agreement outlining disbursements, and appropriate $20,000 from unobligated Fund 400 for these disbursements. Submitted By: Mark Greenwood, P.E. Michael Errante, P.E. City Engineer Director of Public Works Approval: Homer Croy Paul Gibson ACM for Development Services Finance Director Carlos Ortega City Manager /cls/dhl C:\\Users\\nmartin\\AppData\\Local\\Temp\\14438 (3)_938023\\14438 (3).doc CITY OF PALM DESERT PUBLfC WORKS DEPARTMENi INTEROFFICE MEMORANDUM To: From Date: Carlos L. Ortega, City Manager Mike Errante, P.E., Director of Public Work ,�� October 20, 2005 Subject: AUTHOR{ZE PAYMENT ON CONTRACT N,O. C23400 On February 26, 2004 City Council approved the participz be constructed along the west boundary of Portola Palrr time the Council authorized the appropriation of $25,000 Account 400-.4626-433-4001. The City and Portofa Homeowner's Association scheduled payments of the $2! milestones related to the project. Attached are copies of t m in cost of a garden wall to Mobile Home Park. At that �m� unobligated Fund 400 to 'afms Mobile Home Park �00', based upon construction :se, items for your reference. Payment one of this Agreement (C23400) was made on January 20, 2005. The second milestone for payment has been reached and Portola Palms is requesting payment. It has come to our attention that the appropriated funding was not carried over to this fiscal year. We are requesting that you authorize the second payment in rthe amount of $5,000. at this time. Public Works wfA be requesting City Council ratify this Kllayrnent and appropriate the remaining funds due under Contract No. C23400. Concurrence: , � Carlos L. Orte , City Manager ��atcr�rerra�r hfAGNE5f,4 �.df�3 ��i � �c� =� ; � —�� —�..— � a ,�� . 1 _ � � � E�F ii� � i? t�t .. � � �� VICINITY MAP Portola Palms Mobile Home Park a � AGREEMENT THIS AGREEMENT is made and entered into this'�day of Januarv, 2005, by and between the City of Palm Desert, California, and Porfola Palms Mobile Home Park Homeowner's Association, WITNESSETH ' RECITALS: 1. On February 26, 2004, City Council authorized'funding $25,000.0a, for a portion of the estimated cost ta construct a six-foot garden wafi along the east side of the San Pascuaf Channel, along the we§t'boundary of Portola Palms Mobile Home Park. 2. On May 13, 2004, City Council authorized th�e ,transfer of Lot 17 of Portola Palms to Portola Palms Mobile Home Park for t�e n'eeded egress system ofF Magnesia Falis Drive. 3. Portola Paims Homeowner's Association has since entered into an Agreement with M. C. Builder Corporation fot the garden wall construction and the installation of the egress gate. AGREEMENT: fT IS AGREED BY THE PARTIES AS FOLLOWS: ' I 1. The City af Palm Desert will disperse the agreed upon amount of $25,000.00 in progress payments as follows: a. $ 5,000.00 prior to start b. $ 5,000.00 when walls are in place c. $10,000.00 when electronics are in place', d. $ 5,�00.00 when Finaf City Inspection is'compleie iN WITNESS WHEREOF the parties hereto have;exe',cuted or caused to be executed by their duly authorized officia{s, this Agreement; which shall be deemed an original on the date first above written. Portola Palms Homeowner's Association By,�'<'_.!�' �'i. �';%�`//�� Signature to be notarize Titfe: r�� gy; �,� Mich, �l E�rante, P.E., Title: Director of Public Works GAPubWakSIPROJECTS164&99V.9�eemenlsWGREEMENT Portola Palms Nomeovmefs Assoc�ation 525K,tlo< �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. � . Counryof ��'uG�'t' On ��v �,nu� Za ��S iefore me, \.�i'�� [+� V.y�N t-�ZZ-f Iti , pate � n Nama enp Tilo ol 0lfcer �e.g..'Jane Ooe. Noiary Publii ) personalry appeared ��4cri��. C��rcV��c� �'�� I�1�' LO'�'f'�lAi. �� , Namo(s� o1519ner(s) � . ❑ personaliy� kriown f,o me �,_Fi proved to me on the basis of satisfactory ewdence �, . �GY�ffHaV/W�I� to be the �person(�s,J whose nam ' is�are CommisslO�#iSiE8B3 subscribed �,to the within jqstrument and . V^^ A a- acknowledge,d to me that sh�they executed �ry�b�� the same; !in hishe their authorized � .. .' . u RhrereldeC� J �� q�� capacity�), ' and thai by his er heir „,,..,,,,. .a �, , signaturel�Cf qn the irjstrument the persor�(�, or the entity up,on behalf of which the person� /� acted, executetl the instrument. � \WI NES m han an official seal. \ 1 � �V'� �•••• �•1X 1 Slgnal�ro vl Nolary Publlc OPTIONAL ' ' I Though �he iniormation betow is not required 6y law, if may prove valuable (o persons relying on fhe document and could p�evenf /laudulen( �emoval and reattachment o/ fhis lo�m to another tlocumenf. Description of Attached Document � Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ CorporateOKicer—Title(s): ❑ Partner—O Limited � General ❑ Attomey-in-Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representina: Number of Pages: � Top ol ihumb hera 0f999NetionaiNo{aryASscdellon•9�SO�eSobAve..P.O.BOK2d02•C�atsvro�h,CA8131B�2402•vmw.0a11onWn0lery.or9 � P�.No.590] qooNecCaIITo118mebB00�016�fi89 �