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Home My WebLink AboutReimburse PM 30502 - Rothbart DvlpmntCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT 4 8 f REQUEST: Reimburse Developer for Improvements Built on Behalf of the City SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works �i APPLICANT: Rothbart Development 1801 Avenue of the Stars, Ste. 920 Los Angeles, CA 90067 DATE: August 24, 2006 O. CONTENTS: 07-20-06 Letter of Request, with Attachments A o _ Treasurer's Receipt Vicinity Map H Recommendation: a w°�: ' �[ By minute motion, approve reimbursement in the amount of $100,000.00 Q Q to Rothbart Development of Los Angeles, California per the attached letter. o p •• z V U ✓ G H F- Background: H w v w w v CC r Approval of Parcel Map 30502 (Wal-Mart) included a requirement for the developer to pay the N z City $100,000.00 as contribution toward construction of a westbound free -right -turn lane on Dinah Shore Drive at Monterey Avenue. In November 2005, Rothbart Development submitted to the City a check for $249,132.00; of that amount, $100,000.00 was for the free -right -turn lane. Subsequent to that transaction, the free right -turn lane was constructed by the developer at their expense, pursuant to the approved street improvement plans. Since the developer has both paid $100,000.00 toward construction of the free -right -turn lane and performed the construction of it, the developer is requesting reimbursement of the $100,000.00. Public Works staff agrees that this reimbursement is warranted. Therefore, staff recommends that City Council, by minute motion, approve reimbursement in the amount of $100,000.00 to Rothbart Development for completion of the westbound free -right -turn lane on Dinah Shore Drive at Monterey Avenue. Mark Greerwood, P.E. Director of Public Works Paul Gibson Finance Director Approv Homer Croy ACM for Dev ment Services Carlos L. O a City Manager /dhI R U T 11 A It T 21 P rz= 32 VIA ORN ,GHT (MAIL Mr. Mark Greenwood City Engineer City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 July 20, 2006 Re: Desert Gateway — SEC Dinah Shore Drive and Monterey Avenue Dear Mr. Greenwood: 1801 AVENUE OF THE STAR S U I T E 9 2 LOS A NGELES, C, 9 0 0 6 7 3 1 0- 2 7 7- 6 2 8 FAX • 2 7 7 • 6 3 8- With many thanks for your time and assistance with our Desert Gateway project, I am requesting reimbursement from the City of Palm Desert for development fees paid in connection with the construction of a westbound Dinah Shore Drive free right -turn lane onto Monterey Avenue. Stan Rothbart has discussed this matter with Page Garner, and I have recently spoken with Deborah Lee of your office, who suggested that we submit our request in writing. By way of background, in November 2005 we submitted a check in the amount of $249,132.00 in full payment of our development team's obligations for the free right -turn lane and Monterey Interchange Loop Ramp Retrofit Project, Of that total, $100,000.00 was attributed to the free right -turn lane according to the enclosed September 22, 2005 staff report to the City Council and in Condition 16 of the Public Works Conditions of Approval for the project. Although we had paid a fee for the work, the free right -turn lane was ultimately constructed by our contractors at our expense pursuant to the approved street improvement plans. As we complete the first phase of the shopping center, I am requesting a refund of the $100,000.00 from the City of Palm Desert in light of the work we have completed. For your reference, I have enclosed: (1) The September 22, 2005 City Council action and staff report. (2) A copy of the letter and check submitted in November 2005 in satisfaction of our development fee obligations. (3) A detailed plan showing the street improvements constructed (Phase 2 sheet 6 of 8). I thank you for your time and consideration and hope that you will not hesitate to contact us if you need additional information to assist us with this request. Sincerely, Lindsey C. Kozberg Vice President of Development Enclosures cc: Bill Carver Deborah Lee D E V E L 0 P M E N T CITY OF :PIL. M OH[Ri 73--Sio IN= WARING Dw« PAw Dsstxr. CAupojkmA 9226o•-2578 TX]W 760 346-0611 FAX: 760 140-0514 infneprm.d"tMar= September 27. 2005 Mr. ENO Carver Carver Companies 74-947 Highway 111 indlan Wells, California 92210 Dear Mr. Carver. At its regular msetinp of September 22, 2005, the Palm Desert City Coundl considered the subject rest and took the folk vAng action: By Mlnute•Modon, approved a credit In the amount of S350.8W to Parcel Map No. 30M against the projeds development Bees of $80o,000 as contribution to the Monterey Interchange Loop Ramp Re" Project and the westbound Dinah Shore Drive free' right-tum lane onto Monterey Avenue. A copy of the stafr report with City Coundl action stamp affixed thereto is enclosed for your records. It you have any questions or r+equiFe any additional information, please do not hesitate to contact us. Sincerely, 4� I& Sir RACHELLE D. KLASSEN, CMC CITY CLERK RDK:rngm Enclosure (as noted) ca Mark Greenwood, City Engineer CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Approve Development Fees and Reimbursements for Parcel Map 30502 (Wal-Mart) SUBMITTED BY: Mario Greenwood, P.E., City Engineer APPLICANT: Bill Carver Carver Companies 74-947 Highway 111 Indian Wells, CA 9=10 DATE: September 22.2005 CONTENTS: Letter to Developer 06-5-05 Letter to Developer 06-17-05 Cost Esttrnate from Developer Development Agreement PM 24255 (pertinent pages) Vicinity Map Recommendation: 8y minute motion, approve a credit In the -amount of 3350,88a.00 to Parcel Map 30502 against that projedfs development fees of $600,000.00, as contribution to the Monterey • Interchange Loop Ramp Retrofit Project and the wesdxuW Dinah Shone Drive tree-right-tum 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 1500,000.00 as contribution to the Monterey Interchange Loop Ramp Retroflt Project, for a towl df SM,000.00. During the appmval process for Parcel Map 30502 and the underlying Parcel Map 24255. Staff was of the ollnlon that a traftia 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 specxticaliy assigned financial responsibility for this traffic signal lo the City of Palm Desert: therefore, costs.assock"d with this signal could not be assigned to PM 24256 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 3.0602 Wal-Mart Pape 2 of 2 September 22, 2005 begin anon. Since financial responsibility for construction of this traffic signal belongs with Ow Cft the developer has prepared a cost estimate for the signal and appurtenant improvements which has been reviewed and approved by Vafr. The -developer requests that the W0,000.00 payment required for the street improvements Its 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 b Mark GreaP.E. City Engineer Carlos Ortega City Manager _rPen3 Head ..... _ .... . Michael Efranta, P.E. Director of Public Works Paul Gibson Finance, Director. David J. Erwin City Attamoy. -.._- .... Ift CITY COUNCIL A1�PRpySD ✓ bSHM RBCZIV= &PWR ME BTI D&TE - . AYES.,NOBS: Ab3B- : ABSTA vBRSFIXD Ay=J Or1g3nal. on Ft e. City Clerk' 9 Office' O T H B A R T 1801 AVF-NL:E OF THE S U I T E 9 LOS ANGELES. 9 0 0 6 7 November 28, 2005 3 1 0 • 2 7 7 - 6. F A X 2 7 7• 6 Mr. Mark Greenwood, City Engineer City. of Palm Desert Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Parcel Map No 30502 Desert Gateway Palm Desert, CA Dear Mr. Greenwood: In accordance with the letter dated September 27, 2005 a copy of which is attached, enclosed please find our check in the amount of $249,132.00, which constitutes full payment by Developer for Its contribution toward construction of a westbbound free right -turn lane at Dinah Shore Drive and the Monterey Interchange Loop Ramp Retrofit Project all as more fully discussed in the enclosed referenced letter and staff report. The enclosed payment is made In satisfaction of Condition 16 (the second bullet point) and Condition 27 of Resolution 03-27 of the City of Palm Desert. Thank you for your cooperation in this matter. _ Stanley Rothbart sr:ajs Tl palm desert -desert yatevmy.L mark gmer ood-city. i 1.28.05.w-sjs F 17 V T !1 D IA D AT T r Company: Rl VENTURES, LLC. Bauk: CITY NATIONAL BANK Supplier: CITY OF PALM DESERT Invoice Number Date Identification FREEWAY RAMP 10-Oct-03 Supplier: CITY OF PALM DESERT Invoice Number Date IdmtiBatioo FREEWAY RAMP 1040-0S Check Date: October 10, 2005 Check Amount: S249,132.00 Amount to Pay Invoice Number Date Identification $249.132.00 Check Date: October 10, 2005 Amount to Pay Invoice Number Date Identification $249,132.00 4�; -T- ,�4ir 58 Amount to Pay 58 Amount to Pay FMIC�alC�tla{tsgKi�erl{l�QirM{t+Na{MtgG0"V THIz FACIE OF THIS uui;JM IEN'r 1e.X5 A WL0MeU BALWXUItOUNQ OM WHIM: PAPER e�Nt!e1KFeM(lMKeMr(!aM(+KPMtEM�GiK+ly Sr �+�`.�+(l++��!!�4{> /:{ ram', %'" 7, > •.:r, �` (�1nL yY i ° :y� ^�T'�'x"".•�' , • . t .• . � t'` �,801'•t�•`YE�JE l'� �S%.1►IL5 �¢20 58 ^CA October 10, 2005 Ps t Svc RM F X i� lj/-_� VNYf��Y�is {%/~fiSG� 'i wo Do Z 6 $249132.00 f finMyOF Order Of .. •, .. � .,> n Lam'_ - � s qw�(-bW"Wgti�(pt4�li-4W04W 0 YHE dAt kor I f6 LAit.�l�Atnr i UNIAi'nal.hA!itlk'f- WAItIiMh--t+C11,0M )N ANULE TO VIEW •(4-4W- **(-A 2K'V'K49-CsiC'K'g-' u80000580 1: 1 2 20 160661: i i 2 14146498 RIVER � ��i�iiiN p�..:� -� 1000 ilia ENRON � i M loon MEN W owns on NINE= .�x 1LAMEM Rik man 0 NO ON ]WOMEN" mmmm� Din v Wboog Project Number: Cky of Pi0m Dan, s r� 2 6 73-510 FRED � iING DR. • PALM DESERT, CA 92260 DATE oZ TREASURER'S RECEIPT RECEIVED FROM: kJ- V6Y UQ1+S . LLC FOR 4+ FUND DEPT DIV ELEM/OBJ a,3 Cow 4;Q':�L $I DD aqq,13 Q RECEIVED FOR THE CITY TREASURER BY: FINANCE DEPARTMENT USE ONLY iR - !: 12/21/85 N Rlce* nO: 7438 T a1 tMWR'vd T a1 Isyiext $24913Z A! $24913& /R CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE O CL m OMO 3a V1SIA o� • ■ ■ Q li N O J W J J Q U &0a,1JO� �y�OVP V�yb'S i ,kVM;*VD W H '7 La _ f -T � r . ' 31NOW H J M Z W W O �U �- = Z�N, _ Q J Z Q Q VM:inof VIA o v 0 0 co N 0 0 M O lA co L' W Z / Z Q W Mp W J D Q ZZ W C' Q U) W LM W I.L i Z r 2 a�