HomeMy WebLinkAboutC32150 Reciprocal Access Wall Agreement - Palm Desert Country Club Villas - Joint ConsiderationCITY OF PALM DESERT
JOINT CONSIDERATION
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
WITH
PALM DESERT CITY COUNCIL
STAFF REPORT
REQUEST: AUTHORIZE THE EXECUTION OF THE RECIPROCAL ACCESS
AND WALL AGREEMENT (CONTRACT NO.C32150 ) BETWEEN
THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT,
AND THE PALM DESERT COUNTRY CLUB VILLAS
SUBMITTED BY: Heather Buck, Project Coordinator
APPLICANT: Palm Desert Country Club Villas
c/o J&W Management
P.O. Box 1398
Palm Desert, California 92261
DATE: August 23, 2012
CONTENTS: Letter Agreement
Site Plan
Contract No. C32150
Recommendation
By Minute Motion that the Successor Agency Board and City Council:
1. Approve Reciprocal Access and Wall Agreement, substantially as to
form; and
2. Authorize the Mayor/Chairman to execute the finalized Agreement as
approved by Successor Agency Counsel; and
3. Authorize staff to forward the Agreement to the Oversight Board for
approval.
Staff Report
Authorize Execution of Reciprocal Access and Wall Agreement with PDCCV
Page 2 of 5
August 23, 2012
4. Appropriate $2,500 from Unobligated General Fund Reserves to
Parking Lot Maintenance, Account No. 110-4313-433-3320 for the
crack seal and slurry coat work to be completed by December 15,
2012.
Proposed funding for additional costs related to this Agreement are
identified in Table 1.
Executive Summary
Execution of this Agreement creates a new agreement with the Palm Desert Country
Club Villas (PDCCV) and the Successor Agency to the Palm Desert Redevelopment
Agency (SARDA), confirming existing obligations, making concessions for additional
time to complete said obligations, and listing the City as the responsible entity to fulfill
said obligations in the event the SARDA cannot.
Background
In 2009, the Redevelopment Agency deconstructed the Country Village Apartments and
cleared the landscaping and overgrown tamarisk trees from the property. The removal
of the tamarisk trees undermined the already aging and deteriorated wall between the
Palm Desert Country Club Villas and the Agency -owned land. Therefore, the wall was
removed and temporary fencing was installed to mitigate health and safety concerns.
The Agency provided a letter to the PDCCV HOA indicating that the wall would be
rebuilt within a year or when we commenced with the construction of the project (see
attached Letter Agreement).
Since 2011, staffs ability to move this project forward has been limited by the
dissolution of the Redevelopment Agency. The adjacent PDCCV HOA has repeatedly
voiced their concern that the wall will not be built now that the Redevelopment Agency
has been dissolved and the delay in building the wall has affected their plan to repave
their complex. The estimated construction cost for this existing obligation to the PDCCV
is listed on the Recognized Obligation Payment Schedule (ROPS); however, the
timeline for approval of this work is unknown since this is subject to review and approval
by the Oversight Board and State Department of Finance. Therefore, staff cannot
commit to a definite timeline as to when the wall will be rebuilt.
The recent passage of AB 1484 by the State may allow bond proceeds from the
Housing Bonds to be utilized to build the Carlos Ortega Villas, if and when the State
Department of Finance provides the City with a Finding of Completion.
The PDCCV HOA has postponed repaving their driveway until the wall is built and is
concerned about the aesthetics and security of the development with the temporary
G:\rda\Heather Buck\Carlos Ortega Villas\Stf Rpt\COV PDCCV WALL AGREEMENT\SR-COV PDCCV WALL AGREEMENT.doc
Staff Report
Authorize Execution of Reciprocal Access and Wall Agreement with PDCCV
Page 3 of 5
August 23, 2012
fencing. Moving forward with the design of the wall, separate from the Carlos Ortega
Villas project, would incur additional design and construction costs by taking this work
out of sequence and the costs associated with this may not be reimbursable from
Housing or Successor Agency funds, especially if the Carlos Ortega Villas are not built.
Therefore, staff proposes a new agreement with the PDCCV with new provisions
covering the following items:
• PDCCV grants Successor Agency additional time to build the wall in exchange
for crack seal and slurry coat of the shared access by December 2012
• Successor Agency or the City to build the perimeter wall within six (6) months of
a decision by any authorized body deemed appropriate or lawful to make such
decisions to not proceed with the construction of the Carlos Ortega Villas
• Removal and replacement of existing paving along shared access as part of the
Project, unless a decision is made not to proceed with the Project, in which case,
repaving work shall be completed six (6) months after such determination
• Outlines a proposed shared access and utility easement to be finalized and
recorded if the project is built which includes removal of existing planter island in
the shared access and relocation of PDCCV card reader to allow for circulation
through the COV complex
• All work is proposed to be completed no later than June 1, 2015, which is
approximately 5 years after the original agreed upon date to complete the wall.
The Agreement includes a $100/day penalty if the work is not complete by the
dates established in the Agreement.
Housing Authority to maintain shared access easement
The attached site plan indicates the location of the perimeter wall to be constructed and
the area to receive the crack seal and slurry coat. The obligations, responsible party,
schedule, estimated costs, and funding sources for the provisions in the new agreement
are summarized in Table 1 below:
G:Vda\Heather BucMCarbs Ortega Vlas\Stf RpACOV PDCCV WALL AGREEMENT\SR-COV PDCCV WALL AGREEMENT.doc
Staff Report
Authorize Execution of Reciprocal Access and Wall Agreement with PDCCV
Page 4 of 5
August 23, 2012
TABLE 1:
Description of
Responsible
Schedule
Estimated
Funding
Obligation
Party
Cost
Source
Rebuild
Successor Agency
By the earlier of (1) six
$17,000
ROPS
perimeter wall
to the Palm Desert
months after a decision
Redevelopment
not to proceed with the
Agency
Project; or 2 06/01/15
Crack seal and
City
December 15, 2012
$2,500
Unobligated
slurry coat
General
Fund
Remove,
City
By the earlier of (1) six
$25,000
Unobligated
replace, &
months after a decision
General
restripe
not to proceed with the
Fund
pavement
Project; or (2) 06/01/15
(PDCCV east
parking area
Remove &
SARDA — if project
By the earlier of (1) six
$25,000
Bond Funds -
replace
is built, if not built,
months after a decision
if available
pavement
it becomes a City
not to proceed with the
for this
(shared
obligation
Project; or (2) 06/01/15
purpose
access
Maintenance of
Housing Authority
On -going
$0.20/s.f.
Housing
PDCCV portion
— if project is built
(slurry seal/
Authority
of shared
(and retained), if
ea. 5 yr);
access
not built, obligation
$5/s.f.
easement
is to property
(remove/
owner
replace
paving ea.
30 r
The City shall perform any of the Agency's obligations provided for in this Agreement, if
and to the extent that the Agency is unable to perform or pay for such obligations due to
the Termination Legislation, or other circumstances beyond the Agency's control.
Staff has reviewed the Agreement with City and SARDA legal counsel and has
negotiated in good faith with representatives of the PDCCV HOA per the City Manager's
direction. Staff recommends approval of the attached agreement substantially as to
form and that the Successor Agency Board authorizes staff to forward the Agreement to
the Oversight Board for approval.
Fiscal Analysis
An initial appropriation of $2,500 for the crack seal and slurry coat that is to be
completed by December 15, 2012 is requested as a good faith effort to work with the
neighboring development.
G:1rda\Heather Buck%Carlos Ortega Villas\Stf Rpt1COV PDCCV WALL AGREEMENTISR-COV PDCCV WALL AGREEMENT.doc
Staff Report
Authorize Execution of Reciprocal Access and Wall Agreement with PDCCV
Page 5 of 5
August 23, 2012
The estimated construction cost for the block wall ($17,000) is listed on the ROPS and
is scheduled to be paid out of bond funds. If the project is ineligible to use bond funds
the City must cover this cost as well as the cost to remove and replace the pavement.
Submitted By:
Heather Buck, Project Coordinator Ja oore, Director of Housing
Department Head•
M n Alvarez, Director of Economic Development
Reviewed:
aul S. Gibson, Director of Finance
City Manager
CITY COUN CTION
APPROVED DENM
RECEIVED OTHER
MEETJNG DA'
AYES: 15611
NOES:
ABSENT:
ABSTAIN:
VERIFIED BY:/
Original on File with City rk's Office
U u 1i' SA -RDA.
'4 ON
"v'rE�iFf:1 D BY
(gigs" ,- on t' e witb City , .cbic'y Office
G:\rdaWeather Buck\Carlos Ortega V llas\Stf Rpt\COV PDCCV WALL AGREEMEN RSR-COV PDCCV WALL AGREEMENT.doc
PflliO O�S�Rt RIAROPFU AGENCY
73-510 FRED WARING DRIVE
PALM DESERT, CAI.IFORNIA 92260-2S78
TEL:760 346—o6ii
FAX:76o 341-6372
info@palm-desert.org
March 17, 2009
Mr. Robert W. Taylor, President
Palm Desert Country Club Villas HOA
77-805 California Drive, A-2
Palm Desert, CA 92211
Re: South Perimeter Block Wall
Dear Mr. Taylor:
Thank you for taking the time to meet with Martin Alvarez, Redevelopment Manager, to discuss
the deconstruction of our Country Village Apartments and removal of the tamarisk trees
adjacent to HOA's south perimeter block wall.
As part of our deconstruction project, our proposal is to remove the tamarisk trees/roots and
your southern perimeter block wall, and replace it with a new 6-foot high tan slump stone block
wall (see attached map). The construction of a new block wall is anticipated as part of our
future senior apartment project. If you grant us approval to remove your perimeter block wall,
we will replace it with a temporary chain -link fence with green screen, securing your property.
The temporary fencing will remain in place for a period of one year until a new block wall is
designed and constructed, or until we proceed with the new project. If our apartment project
does not commence within one year, the Redevelopment Agency will construct a new block wall
in the same location independent of the future project. If you are in concurrence with this
proposal, please sign below.
FohnM.
Approval:
Wohlmuth Robert W. Taylor, Presiders
Executive Director Palm Desert Country Club Villas HOA
JW:MA:mh Date: 3 i F/ 7
cc: Justin McCarthy, ACM Redevelopment
Janet M. Moore, Director of Housing
Lauri Aylaian, Director of Planning
Russell Grance, Director of Building & Safety
G:\rda\Maria Hunt\WPDATA\ALVAREZ\POCC Villas\taylorO31709blockwall.doc
�,V IrIInI00MRk(rLLFp IIRR
Contract No. C32150
RECIPROCAL ACCESS AND WALL AGREEMENT
BETWEEN
THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT,
AND
PALM DESERT COUNTRY CLUB VILLAS
This Agreement (Agreement) is entered into as of August is , 2012, by and between the
Successor Agency to the Palm Desert Redevelopment Agency o,ency") and the City of Palm
Desert, a municipal corporation ("City"), on the one hand,_;' T�.lm Desert Country Club
Villas, a California nonprofit corporation ("PDCCV"), on.the"rather hard.
KLULIALJ
A. Palm Desert Country Club Villas ("Pt—)CCV') is a condominium project (the
Villas, Exhibit "A"). The Owners of the condominiums; in the PDCCV own an undivided
interest in certain common areas, inclining a perimeter" vv4,11 and easterly access drive, as
depicted on Exhibit "A". The Property 4 t ; PDCCV is 1e*I! described as: Lot 1 of Tract
4887, as per map recorded in Book 75, pages 29, Maps,verside County Records. of
B. In 2009, the Pa Desert Redevelopment ;Agency ("RDA") owned property
known as Country Villa,' 'A"rots ("Apartments") on a parcel of property adjoining the
Villas ("Project Propel*', Exhibit "B"). On the Villas' eastern boundary, the Villas and the
Project Property shared ah: # docuig,ented access ("Shared Access", Exhibit "C") that provided
vehicular access to Avenue''rt #leer x for bona the Villas and the Project Property (prior to
ownership by Uie Y) for &*nber of yew, and continues to serve the Villas. The parties
acknowledge that the use`6f the Shared Access by residents of both the Villas and
Apartm created a presd"t ve eas, q[ent over the Shared Access in favor of both the Villas
and Project Pierty. The PhjOct Property also adjoins the Villas on the eastern portion of the
Villas' southert :boundary ("Southern Shared Boundary", Exhibit "C"). The RDA planned to
deconstruct the Aprrlents ant, build a new housing project now to be known as Carlos Ortega
Villas, ("Project"). T'he deconstruction project included the removal of certain tamarisk trees
and a perimeter wall on the Southern Shared Boundary.
C. On March 17, 2009, the RDA and PDCCV entered into a letter agreement
("Letter Agreement," attached) that provided for the removal of tamarisk trees and an existing
perimeter wall on the Southern Shared Boundary and its eventual replacement with a new 6-foot
high tan slump stone block ("Replacement Wall") to be constructed concurrent with the Project.
In the interim, the Letter Agreement provided that the RDA would construct a chain -link fence
on the Southern Shared Boundary. If commencement of the Project did not commence within
one year, the RDA agreed to construct the Replacement Wall without further delay.
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D. Pursuant to the Letter Agreement, in March 2009 the RDA removed the tamarisk
trees and the existing block wall and constructed the chain link fence. In June 2011, the
Governor of the state of California signed several budget related bills which prohibited RDA's
from entering into any new contracts. The RDA did not go forward with the Project nor did the
RDA construct the Replacement Wall.
E. In March 2011, the RDA transferred the Project Property to the City. In
February, 2012, pursuant to California law that resulted in the termination of all California
redevelopment agencies ("Termination Legislation") the RDA was dissolved and succeeded by
the Agency, to which were transferred, by operation of law, the RDA's assets and obligations,
including the obligations of the Letter Agreement. Under the ,Termination Legislation, the
Project Property may be subject to "claw back" to return the 1%ject Property to the Agency.
Furthermore, under the Termination Legislation, the Agency's 'ty to fulfill its obligations
under this Agreement may not be recognized, in which Ease the shall be obligated to
perform all obligations of the Agency provided herein.
F. By this Agreement, the Agency and P
RDA/Agency obligations derived from the Letter Age
to compensate PDCCV for the delay in performance oft;
G. Agency and the City on the one hand, and
this Agreement be made and entered into pix , to the
Section 1468, in effect as of the effective dame of 04.Ag
run with the Project Property and the land ofthe PDC
by this Agreement shall be big upon any successors
this Agreement. Any party may muse this Agreement to
Riverside County, Ca11kimia.
desire to refit aad revise the
34 add new comments in part
XV, on the other hand, intend that
nsis,f the California Civil Code
nent, dnd that this Agreement shall
[`he duties and obligations imposed
#gns or transferees of any party to
recorded in the Official Records of
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Contract No. C32150
AGREEMENT
Agency and PDCCV agree as follows:
1. Perimeter Wall.
a. Agency will complete construction of the Replacement Wall, of a
minimum six feet in height and a maximum of 6'-6" in height, as depicted on Exhibit D by the
earlier of (1) six months of a decision by any authorized body deemed appropriate or lawful to
make such decisions to not proceed with the construction of the Carlos Ortega Villas; or (2) June
1, 2015.
b. During construction of the Replaces
temporary fencing to be in place to prevent access to th
Boundary.
2. Paving
a. By December 15, 2012 the Ch a sl
proposed Access Easement and Villas' parking adjacei�
including the area below the existing cars
the Agency will cause
m the Southern Shared
Crck seal and slurry coat the
the proposed Access Easement,
b. By the earlier of (1; sip his of a don by any authorized body
deemed appropriate or lawful to make such tocisloA$ ft proceed with the construction of the
Carlos Ortega Villas; or 2 Jug, 1, 2015 the O en6ly or tshall cause the pavement of the
proposed or actual AccessMoment and Vi" as' parking' adjacent to the Access Easement,
including the area below+ the existir carports, to �,c replaced and restriped.
3. Shared
(see Exhibit E).
a. If the Pr6jeo is approved, prior to commencement of construction,
Agency aidPDCCV wilt,mate .record a Shared Access and Utility Easement (Access
Easement) Oag the eastenAmstem shred boundaries of their respective properties as depicted
in Exhibit E and as further described below:
(1) The Access Easement shall run north/south from the property line
adjacent to Avenue off States to the southern boundary of the Villas. The Access Easement
shall be twenty four feet Fide; its western boundary shall be just east of the eastern most portion
of the roofline of the Villas' carports that currently exist along the Villas' eastern perimeter, or
12 feet from the property line, whichever is less. The remainder of the 24 feet of the Access
Easement will be on the Project Property, all as depicted on Exhibit "E".
(2) The southern end of the Access Easement shall include an
additional portion of Villas' property to accommodate a street internal to the Project, as depicted
on Exhibit E.
(3) The Access Easement shall include a public utility easement over
the entire Access Easement.
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Contract No. C32150
(4) The Access Easement shall provide that the Agency shall maintain
the entire Access Easement, at the Agency's sole cost, unless PDCCV opts to do so, or the
Agency does not complete the Project or ceases to use the Access Easement, in which case each
party shall maintain the part of the Access Easement that is on their property. Under no
circumstances, shall the Agency maintain the PDCCV carports.
(5) The Access Easement shall provide that the Agency shall fully
repair any damage to the pavement of the Access Easement caused by the installation,
maintenance or repair of public utilities within the Access Easement. Either party shall fully
repair any damage to the pavement caused by that party, its officers, employees, members,
residents or guests within thirty days of any such damage.
(6) PDCCV retains the right to maintain ox replace the Villas carports,
adjacent to the proposed easement, within their current footprint, per�tion 25.76 of the current
Zoning Code. ,
(7) Both parties agree to Oct in good faith to achi+e recordation of
said proposed easement.
b. Only if the Project proceeds to coruction, Agency shall complete the
following work concurrent with the project;
(1) Extend the under utility lmx, ,to the pole just south of the
Villas' D building to avoid damaging the pay t of the Shared Access in future
undergrounding efforts. (See Exhibit E).
( Rem6w the island at the north end of the current access (see
Exhibit E). PDCCV rent , the ri t to enter Ag�cy property and remove the island prior to
replacement and restriping �`e,ak described in " 2(b)," with the consent of the Agency
which shall notbd, tsonablythheld`or tied.
(3) Relocate the>existing Villas' access card reader to a location to be
agreed upon by the Parties. ` The new card reader will be appropriately shielded (such as that
shown in Exhibit E) from errt vehicles, by temporary fencing if necessary until the Project
proceeds to construction. Agency is not responsible for maintenance of PDCCV card reader.
(� Pending finalization and recording of the Access Easement, each
party retains the right to Qbrltinue to use the Shared Access as they have in the past.
4. Additional Matters.
a. PDCCV hereby grants Agency construction access easements, under such
reasonable terms as the parties shall agree to construct the Replacement Wall and accomplish the
various other obligations in this Agreement. Agency shall fully repair, within 30 days, any
damage caused by its construction activities to Villas' property, including pavement.
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b. City and Agency shall continue to mitigate dust, per current practice and
as required by law, on the Project Property. During any construction on Project Property,
Agency shall make a good faith effort to minimize dust, noise, and other impacts on the Villas'
property, including the Shared Access.
C. In accomplishing its construction activities, Agency shall make reasonable
efforts not to negatively impact Villas' parking or access between January 1 and March 31 of any
calendar year.
d. Neither Party, nor their members, residents, guests, agents or contractors,
may use at any time parking owned by the other Party without the Party's express written
permission.
e. Any sale or other transfer of the Prot ect Pr ea y, or any portion of it
adjoining the Villas, or any transfer of the rights to a third party to deotpp the Project or other
development on the Project Property, will be contirant on the transferacceptance of all
obligations of this Agreement. [This is best accc iplished through recor, the Agreement.
We may not have the ability to do this if the Property clawed back]
f. It is understood and agreed that if ti
under section "1" or the repaving oblition required b
impractical or extremely difficult to deters t e actual
the event of and by reason of such delay. Its sti
liquidated damages in the amount of $100 per dar.
Replacement Wall required by section "1" above tlr the re
etion of the Replacement Wall
in " 2" are delayed, that it is
s that PDCCV will sustain in
-tat Agency will pay PDCCV
of delay in completion of the
obligation required by section
g. PDCCV shallhave the opportu, pity to review the plans for any project on
the Project Property. PDCCV 4 A,§Oo;ys1,a11,aegotiate in good faith regarding any impacts of
any such pro, o Ville, ; including", pearance, security, protection of gate access
equipment,,dtainage, tra 101 flow, t ides, etc.
h. It is urstood by all parties that the drawings and exhibits attached and
referenced heieii,al, re prelimin* Design Development drawings, not final Construction
Documents; howe*i all parties "agree to negotiate in good faith to maintain the intent of the
drawings and exhibits attached herein.
5. City to Perform Agency's Obligations.
The City shall perform any of the Agency's obligations provided for in this
Agreement, if and to the extent that the Agency is unable to perform or pay for such obligations
due to the Termination Legislation, or other circumstances beyond the Agency's control.
6. Miscellaneous.
a. Required Actions of Parties. Parties agree to execute such instruments and
documents and to diligently undertake such actions as may be required in order to consummate
the transactions herein.
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b. Time of Essence. Time is of the essence of each and every term,
condition, obligation and provision hereof.
C. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute one and the
same instrument.
d. Captions. Any captions to, or headings of, the paragraphs or
subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of
this Agreement, and shall not be used for the interpretation or determination of the validity of
this Agreement or ay provision hereof.
e. No Obligations to Third Parties.
herein, the execution and delivery of this Agreement
upon, nor obligate any of the Parties to any person or en
f. Exhibits. Any and all
hereby incorporated herein by this reference.
tt.04herwise expressly provided
be'**wed to confer any rights
than *Parties.
ed herein and . attached hereto
g. Waiver. The waiver or failure to enfi�Tpe any provision of this Agreement
shall not operate as a waiver of any future breach of any sui3 provision or any other provision
hereof.
h. Applicable Law. All esti�ttis' 1.respect to this Agreement and the
rights and liabilities of the P ,and venue h�et+o,` shall b governed by the laws of the State of
California without applic4ion "4aflicts of law principles. Any and all legal actions sought to
enforce the terms and pi*sions o `the Agreement shall be brought in the courts of the County
of Riverside.
i1 "Assimim Agency shall not assign this Agreement, or any right or
obligation l `cin, to any ' wift ut the prior written consent of PDCCV, which consent shall
not be ut�,sonably with or denied. Agency and City shall have the ability to assign the
Agreement to .'the Housing Authority or an entity who has an executed contract to build the
Project.
j. .uccess6rs and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of fhertuntary and involuntary successors and assigns of the Parties hereto.
k. Severability. If any term or provision of this Agreement shall be held
invalid or unenforceable, the remainder of this Agreement shall not be affected.
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1. Construction. This Agreement will be liberally construed to effectuate the
intention of the Parties with respect to the transaction described herein. In determining the
meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this
Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or
resolved against either Party (including the Party primarily responsible for drafting and
preparation of this Agreement), under any rule of construction or otherwise, it being expressly
understood and agreed that the Parties have participated equally or have had equal opportunity to
participate in the drafting thereof.
in. Legal Fees. In the event of the bringing of any action or proceeding to
enforce or construe any of the provisions of this Agreement, the prow Party in such action
or proceeding, whether by final judgment or out of court settleniq shall be entitled to have and
recover of and from the other Party all costs and expenses of suit, ifi ding actual attorney's
fees.
n. Indemnification. Agency shawl defend, indemni and hold harmless
PDCCV and PDCCV's directors, officers, and Managing agent from any;.and all claims,
damages, actions, causes of action, liabilities, losses' its, attoeys' fees and and other expenses
("Claims") arising out of, related to, or encountered ihz comection with this Agreement or the
prosecution of work under it, including, but not limited to, plaims of wrongful death, regardless
of the merit or outcome of the Claim and whether such Clamp►, is caused by Agency, Agency's
agents or employees, or subcontractors, 1h.; agents or er*l oyees, products installed on
PDCCV's property by Agency or Agency's sub actors, o '`PDCCV's active or passive
contributory negligence, excepting only such injury br h q may be caused by the PDCCV's
sole negligence or willful w0C iduct. The coverage of such indemnification shall include,
without limitation, attorp, ys' fees , d court costs incurred by PDCCV with regard thereto. Said
indemnity shall survive t-pxpiratioii or termination of the Agreement, including any warranty
or guarantee periods.
o. ance.'Agency shall, at all times during the course of construction of
the Agree rttent, or any extion fl�f, and at Agency's own cost and expense, procure from
insurance mpany(ies) acetable to the PDCCV, and continue in force, insurance policies of
the amount 6fid;'types set forth below (but in no event with levels below those required by any
applicable law, oinance or ,'regulation), furnish the PDCCV with certificates of insurance
accompanied by additional insured endorsements naming the PDCCV, its directors, officers,
agents and employees, so additional insureds under the Commercial General Liability Policy and
providing that the insumice company(ies) must give the PDCCV written notice of any
cancellation pert the terms of the policy and have the insurance company(ies) issue the PDCCV
the appropriate ACORD form explicitly stating that the certificate(s) of insurance convey(s) all
rights and privileges afforded under the policy(ies) to the certificate holder.
Limits of Liability
Coverages
Each Occurrence
Aggregate
General Liability
$1,000,000
$2,000,000
Workers' Compensation
$1,000,000
$1,000,000
Automobile Liability —
Any Auto Used
Bodily Injury/Property Damage:
Combined Single Limit
$1,000,000
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(1) Coverages shall apply to all locations where the named insured is
performing services and/or activities in connection with, or arising out of, this Agreement. The
policy of insurance which affords comprehensive general liability shall contain at a minimum:
a) A provision or endorsement stating that such insurance,
subject to all of its terms and conditions, applies to the
liability assumed by Agency under this Agreement,
including, but not limited to, the liability assumed under the
indemnification and hold h�,—less provisions of this
Agreement (blanket contracoial coverage);
b) Premises operations, products/pleted operations hazard,
contractual liability, broad -form ?,,Oro
perty damage, and
independent contractors coverages;
c) Personal injury (false arrest, detention or imprisonment,
malicious proseci ion,, "libel, slander,. ` defamation, or
violation of right of privacy, wrongful entry or eviction, or
other, invasion of right of private occupancy, bodily injury
and aand battery) coverages; and
d) Legal liability, u6'veage for dishonest acts of insured's
ctiiYi�ycca.
(2) . The foregoing requirements as to types, limits and approval of
insurance coverage to be stained by Agency are wt intended to, and shall not in any manner,
limit or qualify the liabilities" ohms assumed by the Agency under this Agreement.
Written,proof of compliance with these requirements shall be filed
with and;. Wtantially
ved by tf4 ,PDCCV before commencement of work. Agency shall insert a
provision sixri��[, to the requirements of this paragraph in any contract or
subcontract cd�ig any portiIon of the Work and shall require the contractor or subcontractor to
take out and main such insturance (including naming the PDCCV, and its directors, officers,
volunteers, agents clad „employees as additional insureds) and to file proof of compliance as
stated above.
(4) Each policy of liability insurance shall state that with respect to the
operations of Agency under this Agreement, such policy is primary and any insurance carried by
PDCCV or any individual unit owners within the Villas is excess and noncontributing with such
primary insurance, and shall state that written notice shall be given to PDCCV prior to
cancellation per the terms of the policy. Agency shall notify PDCCV in the event of material
change in, or failure to renew, any policy or endorsement. In the event Agency fails to secure or
maintain any policy of insurance required under this Agreement, the PDCCV may, at its sole
discretion, secure such policy of insurance in the name of and for the account of Agency and in
such event Agency shall reimburse PDCCV upon demand for the cost thereof.
8
72500.00839\7480182.1
DRAFT 8/3/12
Contract No. Q 215 0
P. Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
PDCCV:
J&W Management
P.O. Box 1398
Palm Desert, CA 92261
Attn: Bruce Kalanquin
(760) 568-0349
AGENCY:
Successor Agency to the Palm D,,, 0 41'11b4evelopment Agency
73510 Fred Waring Drive
Palm Desert, CA 92260-2524
Attn: Martin Alvarez, Economic Developmea )Director
Such notice shall be deemed made pers�"ally delivered stir when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, fi4.clws postage prepaid and addressed to
the party at its applicable address. Actual notice shall be emed adequate notice on the date
actual notice occurred, regardless of the mood of service.
q. Entire Agreement. This Agent supersedes any prior agreements,
negotiations and communications, oral or written, arl`cos the entire agreement between the
Parties as to the subject ma hereof. No subsequent aement, representation, or promise
made by either Party hereto, or b� i t to an employee, officer, or agent or representative of either
Party, shall be of any efft" is in writing and executed by the Party to be bound thereby.
r.
modified or
gient. The terms of this Agreement may not be
writing executed by each of the Parties hereto.
9
72500.00839\7480182.1
DRAFT 8/3/12
Contract No. C32150
IN WITNESS WHEREOF, each Party has executed this Agreement on the date set forth
below next to that Party's signature.
DATE:
PALM DESERT COUNTRY CLUB
VILLAS,
a California nonprofit corporation
DATE:
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT
AGENCY
DATE:
CITY OF PALM D
By:
72500.00839\7480182.1
DRAFT 8/3/12
10
Contract No. C32150
PALM DESERT COUNTRY CLUB VILLAS ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20_, before me, , a Notary
Public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me t*'/she/they executed
the same in his/her/their authorized capacity(ies), and that bj �s/her/their signature(s) on
the instrument the person(s), or the entity upon behalf o+ e person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State *alifbrnia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
CITY ACKNOWLEDGMENT
State of California
County of )
On , 20_,, , before me, , a Notary
Public, persb ly appeared,,,who proved to
me on the basis Of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the tthin instrument and acknowledged to me that he/she/they executed
the same in his/hed# authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
11
72500.00839\7480182.1
DRAFT 8/3/12
Contract No. C32150
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
On , 20_, before me, , a Notary
Public, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) wl ame(s) is/are
subscribed to the within instrument and acknowledged to mafiat he/she/they executed
the same in his/her/their authorized capacity(ies), and the-by?er/their signature(s) on
the instrument the person(s), or the entity upon behalf ovhichaerson(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under &e laws of the State of CoMmia that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
O
State of California
County of . Rivers
On
Public, personally, ap
I
) SS.
20-.�, before it
OWLEDGMENT
_, a Notary
who proved to
me on the basis of tisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the with inh-ument and acknowledged to me that he/she/they executed
the same in his/her/them <authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
12
72500.00839\7480182.1
DRAFT' 8/3/12
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