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Home My WebLink AboutPM 30502 Development Fees Reimbursement - Bill Carver/Carver Companies Wal-MartCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: SUBMITTED BY APPLICANT: DATE: Approve Development Fees and Reimbursements for Parcel Map 30502 (VVaI-Mart) Mark Greenwood, P.E., City Engineer Bill Carver Carver Companies 74-947 Highway 111 Indian Wells, CA 92210 September 22, 2005 CONTENTS: Letter to Developer 05-5-05 Letter to Developer 05-17-05 Cost Estimate from Developer Development Agreement PM 24255 (pertinent pages) Vicinity Map Recommendation: By minute motion, approve a credit in the amount of $350,868.00 to Parcel Map 30502 against that projecYs development fees of $600,000.00, as contribution to the Monterey Interchange Loop Ramp Retrofit Project and the westbound Dinah Shore Drive free-right-turn lane onto Monterey Avenue. Discussion: Approval of PM 30502 (Wal-Mart} included a requirement for the developer to pay the City $100,000.00 as contribution toward construction of a westbound free-right-turn lane on Dinah Shore Drive at Monterey Avenue, plus an additional $500,000.00 as contribution to the Monterey Interchange Loop Ramp Retrofit Project, for a total of $600,000.00. During the approval process for Parcel Map 30502 and the underlying Parcel Map 24255, staff was of the o�inion that a traffic signal should be installed at the intersection of Monterey Avenue and 35� Avenue to facilitate traffic in the north sphere area. However, the development agreement for PM 24255 specifically assigned financial responsibifity for this traffic signal to the City of Palm Desert; therefore, costs associated with this signal could not be assigned to PM 24255 nor PM 30502. Since the developer had extensive design work underway in the area, he agreed to proceed with design of the signal improvements; he has done so and construction is scheduled to Approve Development Fees and Reimbursements PM 30502 Wal-Mart Page 2 of 2 September 22, 2005 begin soon. Since financial responsibility for construction of this traffic signal belongs with the City, the developer has prepared a cost estimate for the signal and appurtenant improvements which has been reviewed and approved by staff. The developer requests that the $600,000.00 payment required for the street improvements be offset by the cost of the signal improvements in the amount of $350,868.00. Staff concurs with this request. Therefore, staff recommends that City Council, by minute motion, approve the developer's request for a credit in the amount of $350,868.00 to Parcel Map 30502 against that project's development fees of $600,000.00. Submitted by� / Mark Green�vood, P.E. City Engineer Approval: Homer Cro Assistant City anager �G�� Carlos Ortega City Manager Department Head: `_'� Michael Errante, P.E. Director of Public Works Paul Gibson Finance Director David J. Erwin City Attorney ldhl ��1,� � , � � � � � �' ' �, �� s s � � ��E:� �� 3, , 73-5io FRED WnRlNG DR1vE PALM DESERT, CAL[FORNIA 92260-2578 TE�.:760 346—o6ii Fnx:76o 34i-7o98 info@palm-daerc.org May 5, 2005 Bill Carver Carver Companies 74947 Highway 111 tndian Wells, CA 92210 Re; Development Fees and Reimbursements for the Wal-Mart Project PM 30502 Dear Mr. Carver: As you know, certain development fees and reimbursements were established with approval of Parcel Map 30502 for Wal-Mart. The development fees include a$100,000 payment from the developer to the City for the free right-turn iane from westbound Dinah Shore to norihbound Monterey Avenue, and a$50�,004 contribution to the Monterey interchange.loop ramp retrofit project: -Since grading for the project has now commenced, we want to remind you that these two fees will be due prior to the issuance of any building permits for Parcel Map 30502. Approval of the project also included a requirement for the developer to build a traffic signal at Monte�ey Avenue and Avenue 35, the cost of which would be reimbursed by the City. This reimbursement would normally take place after comp(etion of the iraffic signal. However, in order to streamline the financial process, we propose that the developer receive a bid from the signal subcontractor and deduct that amount from the fees owed to ihe City, resulting in a single exchange of funds. Note that the City must receive fhe adjusted balance of fees owed prior to the issuance of any building permits for the Wal-Mart project, lf you have any questions please coniact me at 776-6450. r � , � �i l�rlt %� / � �� Cc: Homer Croy, Assistant City Manager for Development Services Phii Drell, Director of Planning Amir Hamidzadeh, Director of Buifding and Safety Michael Errante, P.E., Director of Public Works /dhl •�` �nn�nunmor�r:� c. r �� fl� �� ']j-510 FItED WAR[NG DK[VE PALyt �ESERT, CALIFORNIA 42260-2578 TEL:76o 346—ob�r Fnx: 760 34i-7oq8 infoC�palm-desert.org May 17, 2005 Bill Carver Carver Companies 74-947 Highway 111 Indian Wells, CA 92210 Re: Development Fees and Reimburserrzenis for the Wal-Mart Praject PM 30502 Dear Mr. Carver: As clarification to my letter of May 5, 2005, certain development fees and reimbursements were established with approval of Parcel Map 30502 for Wal-Mart. The development fees include a$100,000 payment from the developer to the City for the free right-turn lane from westbound Dinah Shore to northbound Monterey Avenue, and a$5Q0,000 contribution to the Monterey interchange loop ramp retrofit projeci. As we have discussed, payment of these fees is due by July 1, 2005. Please be aware that certificates of occupancy will noi be issued prior to payment of the fees. Approval of the project also included a requirement for the devefoper to bui{d a traffic signal at Monterey Avenue and Avenue 35, the cost of which would be reimbursed by the City. This reimbursement will ta{ce place after completion of the tra�c signal. If you have any questions please contact me at 776-6450. Sinc el��, ` � ,, � � Marl�Greer ood, P.E. Cc: Homer Croy, Assistant City Manager for Development Services Phil Drell, Director of Planning Amir Hamidzadeh, Director af Building and Safety Michael Errante, P.E., Director of Public Works /dhl ' y°a m�:m L una:o r+eu WHITING-TURNER CONTRACTING COMPANY OFF-SITE WORK SOUTH OF 35TH STREET CENTERLINE csl DIV DESCRIPTION QUANTiTY UNfT 2 OFF SRE IMPROVEMIENTS sawcut and smooth join �emove existing AC and PCC subgrade prep under asphaft / AC berm 4 1/2' AC over 7" dass 11 5' AC over 10" dass Il fine grade and compaclion for PCC 8" curb $ gutter type I cu�ts ramp per riverside std 403 gutter depression per riverstde std 311 ptch basin / drywell per palm deserl 111A 18" RCP traffic control temporary signage / barricades sEgning 8 striping monterey and 35th Ave interaection conduit and interconned dust control ! swppp requirements testing and inspeciion DATE: UNIT WT PRICE EiNmate 1,240 if $7.75 T,100 s( $1.05 7,100 sf S0.35 1,200 If 54.80 15,600 sf $3.15 7,100 st 53.45 260 sf 50.25 130 ff $12.25 1 ea $560.00 1 ea $275.00 1 ea 37.000.00 80 If 5124.00 1 Is 3500.00 1 Is $2,OQ0.00 1 Is 5250.00 1 Is 5166,900.00 1 Is $59,360.00 � �s sa,soo.00 , �s 32,000.00 TOTAL COST FOR SOU7H CL IMPRDVEMENTS Cd135TH AVE. $9,610 $7,455 52,485 $5,760 $49,140 324,495 sss 51.593 $560 $275 S7,000 59.920 5500 S2,U4� $250 �168,900 $59�3fi0 s�,soo 52,000 one-week Q SO/hr 5350,868� 51l3/2005 COMMENTS 0 � � !"'� RECORDING REQUESTED BY AND WHEN RFCORDED RETURN TO: � a -� �m 1��.5er-�-- cJ o BEST, SEST & KRIEGER so�oo aoe Nopc aawr. su�Tc a�i ►C!i1' ORl�CC AOX t363 �tAtMCNC! MIRAOLr, CAUFOI'tPtIA 92Z70 � �� a'l�iy . � Q V Y � U � O � � O o� � >{ W V W � DEVELOPMENT AGREF.MF.�VT � �� N �� s � EN�'ERFD INTO B�E:TWEL:N THE CITY C�F PAI,M DF.SERT � M � rn d' � � Q � RANCHO MIt2AGE IN�USTRIAL PARI� RUYEN INTERIV�ATIONAL CORP., HENRY MEL�3Y, TRUSTEE OF TfIE R. H. F4RTNER 7`ESTAMENTA RY TR US'T, MC- P�OPERTIF. S, MACLEOD-CC)UCH LA1VI� CO. AND BER.IVARD AND ,I� t NNETT 1�E�30NNF. �� ieioss 4 . DEVELOPMENT AND �1SE . 4.1 Rancha Mirage Industrial Park, Ruyen InternationaZ Corp., Henry Melby, Trustee of the B.H. Fortner Testamentary Trust, MC- Properties/MacLeod-Couch Land Co. and Bernard and Jeannett DeBonne will have the vested iight to develop their Property to the extent covered by and in accordance with the Development Criteria and this Agreement. 4.2 Traffic lights are proposed to be installed by certain Owners at the intersection of Monterey Avenue and the roadway which the Owners MC-Prc�perties/MacLeod-Couct, Land Co. propose to use as the principal access into their Praperty. Such access roadway is currently desiqned to proceed in an East/West direction, to approximately t.he Easterly boundary line of the MC- Properties/MacLeod-Couch prope��-ty and to thereafter proceed Northeasterly to intersect Dinah Shore Drive at right angles. The area where such Northeasterly turn in the roadway is proposed is owned by Monterey Palms, a California Limited Partnership ("Monterey Palms"). T� the extent �hat s�ich principal access roadway crosses or must be constructed on property owned by Monterey Palms, City shall cooperate with MC-PropertieslMacLeod- Couch Land Co. to acqnire the necessary right-of-way through the exercise of City�s powers o€ emin:�nt domain if MC-Properties and/or MacLeod-Couch are, after reasonable efforts, unable to purchase the riqht-of-way necessary for �he con�truction and maintenance of the roadway. City shall be reimbursed for the costs of any such eminent domain proceedings by MC-Properties/MacLeod-Couch. The City agrees to cooperate in gaod faith to obtain the placement of rsirape.da4/tslt. 29 �Y2 E 181469 traffic lights and the installation of a left turn lane or lanes at such intersection with Monte�-ey. Ii the City requests the installation of the traffic signal priar to the time the MC- Properties/MacLeod-C�uch property, or some portion tY�ereof, is developed, the City shall be responsit�le for the cost ta install the traffic lights and left turn lane or lanes. Otherwise, MC- PropertieslMacLeod-Couch shall be responsible far such costs and agree to ;�articipate in an assessment district for such improvements if the City elects to form one. 4.3 Dinah Shore Drive is proposed to be exter�ded to the Northerly p ro j c�ctian oi Porto.t .i Drive, a s requi red by the provisions of Parcel Map No. 24255. This means that a portion of such extended Dinah Shore Drive must c�•oss over andJor be constructed on property owned by Manterey Palms. Additionally, certain cul-de-sacs must be extended into or constructed upon prop�rty owned b� Monterey Palms in connection with the development of Parcel Map Nos. 24255 ar�� 27419. The City agrees that the MC- Properties/MacLeod-Couch principal access roadway may be designed so that it intersects with Dinah Shore Drive at the conjunction of said road with such extended Dinah Shore Drive. The City shall not be responsible for the coet to extend Dinah Shore Drive. To the extent that the extension of Dinah Shore Drive is situated or must be constructed upon property �wned by Monterey Pa1.ms, and/or to the extent that any cul-de-sac r�ust be , onstructed or is situated upon property owned by Monterey Palms as required by Parcel Map 24255, if Rancho Miraqe Industrial Park andlor Ruyen are reasonably unable to purchase such ri.ght-of-way fro�n Monterey Palms, City shall nl��pe.da4/taJt? 28-92 10 `� � � �\� ` ��.�`�— "� a,�-,�',:�� , =o�'^""�• � ` � -r F" ��;,x:.: q T v. . �'x A�y.4 �� ,. iq}"'i,% f. !; . V c'rc , ' �r'.: .'�i'�` t0 ` � C a .� v � J d � o u" N, �s � 2� W� �Q W � � Z �y �� `� OG \ 2 0- Q� 7 Q �� 7� Q� '�- % aG �- � '� Z �' � �