HomeMy WebLinkAboutC25260 Landscape Restoration Quicksilver DriveContract No. C25260
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: Approve Agreement for Landscape Restoration at
Quicksilver Drive, the Entrance to Portola Country Club
SUBMITTED BY: John A. Garcia, P.E.
Engineering Manager
APPLICANT: Portola Country Club
42-500 Portola Avenue
Palm Desert, California 92260
DATE: May 11, 2006
CONTENTS: General Release Agreement
Vicinity Map
Recommendation:
By Minute Motion:
1. Approve monetary compensation in the amount of
$27,072.00 in lieu of landscape restoration for the
Quicksilver Drive entrance to the Portola Country
Club;
2. Approve the General Release Agreement with Portola
Country Club Homeowner's Association for payment
of the landscape restoration;
3. Authorize the mayor to execute the same.
Discussion:
The City is in the process of constructing a bridge on Portola Avenue over the
Whitewater Channel. As a part of this project, the Quicksilver Drive Entrance to
the Portola Country Club will be modified. This modification will include raising
the current elevation of the roadway, increasing the car queuing capacity on
Quicksilver Drive at Portola Avenue, and traffic signal improvements.
A portion of these improvements will require the construction of a new planter
retaining wall at the Portola Country Club Entrance. Under normal
�
Approve Agreement for Landscape Restoration at Quicksilver Drive, the Entrance to
Portola Country Club
Page 2 of 2
May 11, 2006
circumstances, the construction contractor, Granite Construction, would be
replacing and repairing any landscape damaged or removed during the course of
constructing these improvements.
However, in this case the Portola Country Club is planning an enhancement
project for their entrance. They are waiting for Granite Construction to complete
the intersection improvements and will then commence their enhancement
project. Portola Country Club is contracting independently of the City for tF�eir
enhancement project.
Staff has estimated a monetary value of $27,072 for the restoration of the
landscape that wil! be impacted as a result of the bridge construction. This
amount would normally be paid to Granite Construction through their contract for
the restoration work. As Portola Country Club will be upgrading their entrance
and working in the same construction area, it would be beneficial to all parties if
the Portola Country Club completed the landscape restoration after Granite
Construction has completed the intersection improvements.
The City Attorney has reviewed the attached General Release Agreement for the
compensation for the restoration of landscape. Fund are available in the project
account, number 400-4359-433-4001.
Therefore, staff recommends that City Council, by minute motion, approve a
monetary compensation in the amount of $27,072.00 for the iandscape
restoration at the Quicksilver Drive entrance to Portola Country Club, approve the
General Release Agreement, and authorize the Mayor to execute the same.
Submitted By:
C�� ��
Johq� A. Garcia, P.E.
En�ineering Manager
���
City Manager
Services
6TY COUNC� ACTION �
APPROVED
RECEIVED
Mark Greenv400d, P.E.
Director of P blic Works
�� �
� �v- � � �ts
Finan i cto ��
DENIED
OTHER
MEETI ' � �,�'ll �C�l�
AYES : �. ,�1 ��I Lc-� � V�°,�n�
NOES : -- �
ABSENT : � � �r �
�`�Q�li11V�rStS` ay 11112 Landscape restorat,'nn Quicksilver DnYe PoRola CC1StalfRepo2.dx
VEgTFIED BY:
Original on File wi h City Clerk's Office
GENERAL RELEASE AGREEMENT
This General Release Agreement (“Agreement”) is made and entered into as of
TBA (“Effective Date”), by Portola Avenue Country Club Homeowner’s Association
(“Owners”), in favor of the City of Palm Desert (“City”). Owners and City are sometimes
hereinafter individually referred to as a “Party” and/or collectively referred to as the
“Parties,” regarding the following facts:
RECITALS
A. The City is in the process of constructing a bridge over the Whitewater
Channel on Portola Avenue, located in the City. Pursuant to the construction of the
Portola Avenue Bridge over the Whitewater Channel the City will be improving the
intersection of Quicksilver Drive and Portola Avenue, which is also the entrance to
Portola Avenue Country Club. Specifically, improvements to the intersection are shown
on Exhibit “A: attached. The City has contracted with Granite Construction Company to
repair and/or replace any damaged landscape as a result of the construction.
B. Owners are the legal owners of property commonly known as the common
area of the Portola Country Club, Palm Desert, California 92260. The area affected by
this agreement is the landscape portion of that property dedicated to the County of
Riverside for road and Public Utility Easement purposes July 29, 1970 as Instrument no.
70962, west of the front entry gate, commonly referred to as the Portola Country Club
Entrance at Quicksilver (“Property”). The Property is located at the entrance to the
Portola Country Club on Quicksilver Drive. The property affected by this agreement
would encompass both the north and south parkway areas between Portola Avenue
and the gate entrance to Portola Avenue Country Club.
C. Instead of having Granite Construction repair and/or replace Owners’
damaged landscape, Owners would rather accept Twenty-seven thousand Seventy-two
dollars ($27,072.) in lieu of the entrance restoration. The contractual agreement
between City and Granite Construction to replace and/or repair Owners’ damaged
landscape and to receive monetary compensation lieu of the restoration as described in
Recitals “B” and “C” is hereinafter referred to as the “Requested Landscape”.
D. The Parties desire to settle all matters described herein as well as any and
all disputes or potential disputes, claims or potential claims, each of the Parties hereto
have, had, or may in the future have arising out of any of the Parties’ actions with
respect to the Requested Landscape on the terms and conditions set forth in this
Agreement, together with such other documents as may be necessary to effectuate the
Agreement, rather than incur the costs of litigation and the uncertainties associated
therewith.
NOW, THEREFORE, in consideration of the landscape arrangement discussed
in Paragraph 2 below, and for other good and valuable consideration, receipt of which is
hereby acknowledged, the Owners agree as follows:
Page 1 of 4
1. Incorporation of Recitals. The foregoing Recitals are hereby incorporated
by this reference as though fully set forth at length herein.
2. Landscape Arrangement. City shall pay to Owners the sum of Twenty-
seven thousand and Seventy-two Dollars ($27,072) for the Owners to repair and/or
replace its damaged Landscape at its discretion, in lieu of the restoration. This amount
would include any aesthetic treatment to the six (6) pilasters being installed by the City
as part of the intersection improvement.
3. General Release. Upon construction of improvements to the Quicksilver
Drive and Portola Avenue intersection as shown on Exhibit “A” and payment of $27,072
as discussed in Paragraph 2, Owners, for themselves and each of their predecessors-
in-interest, spouses, relatives, subsidiaries, affiliates, representatives, agents, partners,
co-owners, joint venturers, employees and attorneys, past and present, successors,
assigns, heirs, executors, administrators and transferees, release the City and Granite
Construction from any and all causes of action, claims, demands, damages,
expenditures, costs, attorney fees, liens, obligations and liability of any type or nature,
whether known or unknown, suspected or unsuspected, which Owners may now have
or claim to have, or has at any time heretofore had against the City and Granite
Construction by reason of the matters set forth herein and any claim or interest relating
to the Requested Landscape.
4. Waiver of Civil Code §1542. Owners hereby acknowledges that they
understand the meaning of Section 1542 of the Civil Code of the State of California,
which provides as follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at
the time of executing the release, which, if known by
him, must have materially affected his settlement with
the debtor."
5. Settlement of Disputed Claims. The Parties hereby acknowledge that this
Agreement affects the settlement of disputed claims and should not be construed as an
admission of liability on the part of any Party hereto. No Party is admitting the
sufficiency of any claim, allegation, assertion, contention or position of any other Party,
nor the sufficiency of any defense to any such claim, allegation, assertion, contention or
position. The Parties have entered into this Agreement in good faith and with the desire
to forever settle and resolve their claims to the Requested Landscape.
6. Entire Agreement, Modifications and Waiver. This Agreement constitutes
the entire agreement between the Parties with respect to such terms as are included
herein and the Parties acknowledge that they have not executed this instrument in
reliance on any promise or representation or warranty not contained herein. This
Agreement supersedes and replaces all prior settlement negotiations and/or proposed
settlements. This Agreement may not be contradicted by evidence of any prior or
contemporaneous oral or written agreement. No alteration, supplement, modification or
Page 2 of 4
amendment of this Agreement shall be binding unless executed in writing by all of the
Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless executed in
writing by the Party making the waiver.
7. Applicable Law, Jurisdiction and Venue. This Agreement shall be deemed
to have been entered into and shall, in all respects, be interpreted, construed, enforced
and governed by and under the laws of the State of California. The Riverside County
Superior Court, Indio Branch, shall have jurisdiction over the matters presented herein.
8. Section Headings, Gender and Syntax. The section and paragraph
headings contained in this Agreement are for reference purposes only and shall not
affect in any way the construction or interpretation of this Agreement. Whenever in this
Agreement the context so requires, the masculine or feminine or neuter gender and the
singular and plural number shall be deemed to refer and include the other.
9. No Assignment of Claim. The Parties hereby represent and warrant to
each of the other Parties that no claims they might have, or do have, and which are
otherwise referenced and released by this Agreement have been assigned or
transferred to any person, corporation or other entity, either voluntarily or involuntarily,
and that there are no lawsuits pending between the Parties, other than the Requested
Height and Landscape which is the subject of this Agreement. The Parties hereby
agree that they will indemnify and hold each of the other Parties harmless from any
loss, including attorney fees and costs incurred, which may result from breach of any
term or condition of this Agreement.
10. Binding on Successors. This Agreement shall be binding on and inure to
the benefit of the Parties hereto and their respective heirs, legal representatives,
successors, assigns, executors and administrators.
11. No Third Party Rights. Except as otherwise expressly set forth herein,
nothing contained in this Agreement is intended to confer any right or benefit upon any
person or entity other than the Parties hereto and their successors.
12. Severability. If any provision of this Agreement is held invalid or
unenforceable, in whole or in part, by any court of final jurisdiction, it is the intent of the
Parties that all other provisions of this Agreement be construed to remain fully valid,
enforceable and binding on the Parties in all respects as if such invalid or unenforceable
provision were omitted. Any court of final jurisdiction will have the authority to modify or
replace the invalid or unenforceable term or provision with a valid and enforceable term
or provision that most accurately represents the intention of the Parties.
13. Attorneys' Fees. Each of the Parties shall bear their own respective
attorneys' fees, costs and expenses regarding the Requested Height and Landscape,
including those incurred in the preparation of this Agreement. If any legal action or any
arbitration or other proceeding is brought for the enforcement of this Agreement or
Page 3 of 4
because of an alleged dispute, breach, default or misrepresentation in connection with
any of the provisions of this Agreement, the successful or prevailing party or parties
shall be entitled to recover reasonable attorneys' fees and other costs and expenses
incurred in that action or proceeding in addition to any other relief to which it or they
may be entitled.
14. Counterparts and Fax Transmission. This Agreement may be executed in
counterpart and exchanged by facsimile, and all original or facsimile counterparts, when
taken together, shall be valid as one instrument as though signed in original on a single
page.
15. Authorization. Any Party signing this Agreement on behalf of an entity
other than themselves, hereby represents and warrants that such Party has authority to
sign on behalf of the indicated entity.
IN WITNESS WHEREOF, Owners hereby execute this Agreement as of the
Effective Date hereunder. The undersigned hereby warrant that they are legally
authorized and entitled to settle and to release every claim herein released and to give
a valid, full and final acquittance therefor.
DATED: _________ ______________________________
Portola Country Club
DATED: _________ ______________________________
Portola Country Club
DATED: _________ ______________________________
Jim Ferguson
Mayor
Page 4 of 4
. , « - , ,. �,YJIIBZT._nA,� Page 1
�� �o;'> a�a�o . .
�i:,i�:tj:� -�4�a€� —� �' �o i
�9�i:jc _�e9� �q' __ o - _ "
l�io; 3'��S s'2gN4'�r o y '. Iw ���' I
i;j i�£ "iy g.y, 8 ,In _ _" " '
it ��i _ 1 "F�`9.=, Ei" Rp i " V�w f� i�� f� � ,
fl:j � - 1� ^.'pv€; .�,r 1 , � , ' :
i:i m
IiiS; ?' °=�9..� ?.�< � , --� . ,��' / . O ,
�f� �_'s ��3� �;$ ��n v�' \� �` i� I n
s'I� � � } C'�� I
n ` r� £ p I�S/Oi � ''v/ � II 'Fl �
m Q_'-_ o_ z_ �Q Q -% �� ' 8 I
"p �� ,—�_�_ _—`I _`���`_, ` , " -- -- i �.,. g ' ;
�N� ���gs gr I� bI i� k� ,�` g�� Y I: ,a` a.-'� i o
g �� . b . o>- I a��
_ — - � ' b �—' �,:
_ ; E. o �- -�_�Q ,' � � n����ml=~-�f ' — � s;, b
�g 2-' IelGS ' �R "i ' �,i+�5Y�14�; - N — � '.,�a r �,. _ �
A � ❑" � Q'n� �3,�e ' I I y� s;h� O � 1
° �'a�-,� �00 `-„��Oi �� �. 8�'�� � _� �auKksa�voA ( .
s :A:' m i' 1. � "- e � �a -' `:n '�cR ��� s_s, �
" �� -z-t �€ s f , n O � �.I , 1 . b�o .I' .
i A8�€.;€ F�.j �og.� � '1°4/"'�IeFLJ;v�2�^ `�'`m I '.
N
� C� £"' a�a� SY� I
' � -�,iP,.'
� 2v �dq �-• d �� ��" i � �`�� I
�' �$&y� I �^ s�Q I �� " �
���� � = - �
���R��R s� p� o o i _ r4 Q.� � Om, ��
R'sx���� i , , " i , �� � a� ;
� �:�
��a@ � — - ---'"---- rR , ,
� �'s � � � a �-�"--� —n- - - —i ��. � ' °a, � w c�
o&a�8,- � • � � � �� W I b �O� €' �
��{h-� n .. L qy+ i4 . a ` IS
��pk�� _ - :�h I� C7E�4 I tN a2 � I � � �`� _� I
ai � €� F�'R �i- s�¢ � °-. � �� n� . ,
�-_'- mN��,aA" `�" - .;"" Ibl O'V�'�� .� `��<— ( a
,.k�>s ;• `�� ��« Q'3
��_����` s" as�m 3 ' .��� b"�. ° � °�
, ^`= a � �am93; � g'S:;"s£ � a --�— i
� � 9m�"�� a'= �g�s'� d:��'�� �'.eJJJ � F^a j�. ,�''o� s�sg i
O 'ss��Np m'£�8$ a � 9��°-7 _ �
j R���
��'ao�� Ri��2c�8 �- c � ���-�(�L�fl� `b a:= g �
,y� ?.,E ; R^;���£M I a ' � �; � �'L I n '°'g
I"�il-�_I ``�^fa'ss �$�.�'..9., � � ( V � �
ii <��' $"'a3� � ;� ' z= '
i fa���a 1_ I �� = '. �--�-
s �' � - � _ ,__,
"� m
- o Fa'¢ �m � �Q �by� n s
n ygR >
v
_" ' m . ���R'
_ a �c' R a-s'�.. , '. v lv Z (
, i� O m r' 3-6 e n .e 5 p� I_� ___T,
zz iz _ A y 9 a� ; O a
�O t n a,'—t 6 o a m � o t oC m
� }�
4 o m g_�u.. ' i ;N �b �o �%
:n ,i I nvr ` < s
p � Z � " N ��'u J I�' i y f�I. y A ' �
I � E � 1 � mv N � � A � 9 � � �
� dn �µ <r ',e8� � - m � i m
g � � � s„ �s 3 � _ y = 3. ..a � ?
f`'F^ s �g �: S9 � :89 n aF�y �b ''� __
�VI
�o,
bQ
.� �
�
tlr)yB R��V
�
�
-I
�I
Y�i �
r{I
� �$ �
—�''°I
�_ �
B,5 ��'��
�w � ¢ I
I \.,� �
r 3_5 9 6 �Z �!
y a
N � "gb ( i g, a"o
m �� I � & o`�'
n I ' _�
� Tf9
1�'
e A^.g`.n5'1
a .. g,;a� ,
a Q���B ,
>
m
v
O
N
� RF P � � • :sa - W � -m_ _ �.�F;� 4 m�
�, &S �A ��r � � m �mii "I "
.,� F�6 m '�� �^1»
� D R�� '
i O�� �� ��� �� u� �S� ���������� $~ j.�
�i '_" ` $m z'f'zagM'ep� F�� f $a z" �x�epp : g "s ��"x_og�"s_;s:s ; � �'
OA n fi m fi SR a � o nF4o� �<<R�o�:�mPRg � d
N � � � » $o :��&N:�g�°, E �. e �K m ��,�s �.'i _ c P . a.;^..nFm �> `
c� '° ° < � � ag �o�;a��$s� a�� � ?� c �>�� sv^� � s a^m�m^a��ik� �� i = 9 � �
a a n� s e� ra z�oF�" y'��K � a� "��;� ��€� i e . e. o gs,., "� i'° � N
� � a q' 's & e,,.ea
Q� r R� 9%z��i a • j,R� R � " ' __
c � a£ a� E€ o,-�p �� d
za � E "ao a o3m� f`-� = 8� = �a�,Eau:, i��; s' s' "S=a^ a �- '8 '
m y o k�_ R�p3 �$'� � i; _ `^� ���� � � n e. o�, � m i�= �j' _
� �£ -r• ;^ � n � �g" m a � A'b _�S' 2 A^ A i sIo i lo
Dy 9� z Jg 95 e g' � f : o x�€� ; e o a_�fiEox "
a '�z 5 �°.� o ., x y F i�.
�5 ~ 8 4 's S � o ��g � ^ ➢ ��� ;�� 1a a � a S��q9 a y !_ � '
m ' �� � � c €�„ �4R-(j € � '- �ff n s-r, 8r � �///pq
8�:. ,._3(' 'g" �F
i� 8 � '" E^:� K& a � Rq '"0G '�_
>�s"&'^.<f� NR��;� � �_e��� .
ic >I^' " L.../ _A.
�XHIBIT "A" Page 2
;,j"s,P> : f;; ( �.�z
z:,.'!v"'n m �.--kv ;
. y:� a ' �ai.
i1'lair : Si'i D �
9�2�'rm �;� 2 5. � �l
J�
j'�i�� ,ti 2 .. .
a. � :: ; ?: o _ 9 „ ° _
iiyv�' - .p 8; - �,� r
(�e.s �i yo'z __ - /,,�1�//�,
i:e:. � _. _ _ � � %v
I:v z - �,✓�!,..
k 2— � _" c" "_"_ ^J 6 F
'� �n :k �
(
� � u
� � m
�� n
s
aA
"��CTY.�4��'. i
K�fi�^�u
fiASV.��'P, ' j'--.
R'S�N§�` Im , .
"gRsii�' n ai
o°�;ae� z
�* �`""a �-� i�
CZ��.R� �olz f
��§��
_—____ 2
O fl
a
.E
�g
uA �
( p � _a` s���
({ o �
\ a~'o \ ' ` .nrc�
Q op _� 1�_ .,rrm
� I:
`. � � 1 �
I nI �A Ern
4F ,l'
_3 ��
Y.8 : � �o o:r
_ I I =
J a '
� I Y _
Pi ,�.Fo�
� __ -
o — r=`
fi� g _
o$ g9 _ i8 i ccA
.. > a
I -
� � �
I II I
Lr�
�
i i a
� I L
�-,-
O � - �
____ _ ( � �_
� I \ �1
� m `
`Z - Z �
y ' n A �
!O- oa "-z ... t .�
�C e� 2 " 6�1 \
% vyn
T-i � �4£' \ m
I 9, Z . y
I n � � __
m � n� r _ \\
2
m e � � f o = —
� m � . . .
O �
m =yaQ:h€ ee">mm O
�� 9 _ o �`n•sR' „'RRe
_ o 0 0 �� � � l7 � i� �EF¢" €• �
t
I
fCnt � O.G�_t
, t:m.�:..v,� i i�c.� i
I
�
^ i
�, m i
� I
�,; 9 r ,�.aa �'�
a�
I�
�� - o'
I I _9
Q I I om4�. £
I I� iP� 6� ,-
I g��>
� i �g�4 _
i i �tA'. �
ni , '
�-' i i0 =•
.I�
r`
�II
II
��
II
�I
II
II
II �
ii
ii
ii o
i
II
II
II
Q� i
I Q
I I �
��
ii
ii
ii
i
�.so _
p
�
m
n
Z
Z
� - v
D �I�
O
R
P
R '
., I n l�l
o IQ
� �
I
9 I ;
I
�4 i
.I��
ii
I�
i'�_ — �+c�o "�
I�
I/
I�
Q ii
i�
I'�I
Y Q" 11 _ uroa aic^�
- i �, � s �,`.;'�a
y R' I II �ifl4 il���M
I � '' �
I O
i �
�8 0'
� J � I'. I iv u:i o.o
�o m
A a c e C u a$°: _.' � z F� �.� .
Dpn'� '� A m$ 2' _ �n � 1 H� �"
� _ m »_ q� N I � � U: �I i
� ; �m A 4• 'n
zv T"" -�> o o£ o> Fz y m O ¢9 I, m
Dm � R c i �� �F �s �� Z u� '" I R '
o* m N� z�n o� Ro ,` - � e n � , i .
9 , § S � � �
� e im� 3 R p P V �'iF -Ea G�
:�Rm ��� a � ,a �
li�_9�6
So
g
i1�50�1
?a
o�
a.00
c
I : I
i
� �I�
jg F.
�
�i I
�i i
i
F
I
I mv
I x�
I 9�
I
� '.
I
I
I;i _ �
`I .
-i �„
I bl
I
i
i.
I
i
I� yR �
i_ JQco ±I8
_ �u nei� —I
�
3 �
r'�� �
!�.�� q�
�XHIBIT "A" PAGE 3
!s,rii��=1";
i"e p3o� i ��� �
i:i�sa�- �' �
s:i�tsl- ��:
�7.'i$ i�
�j�1� i}
°;i ;°
_➢
;�
s�
C,y
4
g��
4
;
u
1
�!,§� �$±
�k�:��k
`�`����Y
R`.R.. 03
�L¢�<iA
y^§�>'v�:
Y2�m�g^
F'F,^^=e.
���e,$,�yo
�r�£°yz�
a
O
N
IZ I -1
A
I �1' D C
I D n m�
V, o O
�' Z
� 4 =
s
� n
r z
m m
i g a
0
a
Y. �
a' —
�
.� �
Dp �
Z� O
Z a �I
�y �
r
Dm �
�� m
m
�a �
Nm y
i'
. u �wa D 'o
n.�ae� G-.
n
y v
Z
D �I� S�
o �
W
-� /
g^
,.gn,€ �
„ 'R
cc� o.»
P�
n
z
i
A
w m
iD
. i
d z
�
n
0
4
" ' .:>s=
- -r-f �
i
i
i
i
i t
_i _
i "
I'
a
� O V cR
5 5 yi tca o�»
o s ^i ,e �n ao'm
,-� g .
mEv a�
— �m z
u!V i ,j
9 n
E
ii �x'
�� y�:ld
�i
n �f_
1� —
i
PM a,��,� � g^
m n ��
"pu 4.
�� �
o S
F
�� �
:8
4 0
3
���
� � f �l
er��r
�
wn
O
Z
m
�
�O
v
a�m �
�
�,
W
Q
Z
�J
J
W
F-
�
a
U
P��P�p�
/
�
4
� ��
42ND AVE
ANGELS CAMP RD
�����������
�
� �
Z �
O W
� O
� m
O
�
O
�
�i� i
�^
\ \ � j
i
i
\ �i
/
i'
i'
i'
i
i
Proposed Bridge � ;
�;
�
�
w
�
W
W
J
C.) I
�
z QUI �KSILVER DR
�
N
C
D o�
c�
c 'W r `
�
z Q MAGNESIA FALLS DR
%
= MAGNESIA FALLS AVE �'
: t� ��
� i = �■ ���� �
�
� ii ���■ � ��
a
IRUTLEDGE WY RUTLEQGE AVE
MASSON ST � _ )ESERT STAR BLV
� I I �
0 190 380 760 1,140 1, 520
Feet
w
`w
J
U
�—
U
Q
�
�
W�
Z
w
a
�
a
K
LI�
0
�
O
O
��
z
O
H
F-
�
i,�� m
\ �9i _
pRIMR�sE D �
��
N
c �
W E
,
. ,
s
.�����
I�