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Home My WebLink AboutC33010 - Rtfy - Desert Cities Baptist Church/Cahuilla Hills Park �� Contract No. C 33010 Contract No. C32190 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: RATIFY THE CITY MANAGER'S EXECUTION OF A PARKING AGREEMENT FOR CAHUILLA HILLS PARK AND AMEND CONTRACT NO. C32190 TO INCLUDE MAINTENANCE OF THE PARKING AREA SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: August 22, 2013 CONTENTS: Parking Agreement Contract Amendment Recommendation By Minute Motion: 1. Ratify the City Manager's execution of a Parking Agreement for Cahuilla Hills Park; (Contract xo. C33010) 2. Amend Contract No. C32190 with Vintage Associates, Inc., to include the maintenance of the parking area at an additional $100 per month ($1,000 for the remainder of the contract term); and 3. Authorize the Mayor to execute the Amendment. Funds for the maintenance of the parking area are available in Account No. 110-4611- 453-3320, R/M Landscape Services. Backqround The addition of pickleball courts and the use of the trail system have made Cahuilla Hills Park increasingly popular and at peak usage it draws dozens of vehicles. The park has on-site parking consisting of seven spaces and when these spaces are full, park users have often parked in the empty lot south of Tierra Del Oro. This lot is owned by Desert Cities Baptist Church. The pastor of Desert Cities Baptist Church contacted the City a few months ago regarding park users parking in the church's lot. The church is in favor of allowing the park users to park in the lot, but they had concerns regarding the dust that is generated Staff Report Contract Nos. C 33010 & C32190 Ratify Execution of Parking Agreement and Amend C32190 August 22, 2013 Page2of2 by the heavy use of the site, and liability stemming from so many people using the lot. The church has also noticed an increase in trash since park users have begun using the site. The City Attorney drafted an agreement that addresses the concerns of the property owner. The agreement allows park users to use the lot during park hours. In exchange, the City will spread asphalt grindings on the lot to address dust problems, assume responsibility for performing periodic maintenance, provide trash receptacles and perform a litter pick on weekdays as necessary, and hold the property owner harmless from any damage or injury that occurs on the lot. Vintage Associates, Inc., is the contractor who handles the landscape maintenance for Landscape Maintenance Area 18, which includes Cahuilla Hills Park. The cost to add litter pick up and empty the trash receptacles in the additional parking area is $100 per month, and staff is requesting approval to amend the contract with Vintage to include this additional work. Fiscal Analysis The fiscal impact associated with the Parking Agreement is limited to the increased cost for the contract with Vintage Associates for LMA 18. This cost is $100 per month (an additional $1,000 through June 30, 2014) and covers litter pick and trash removal from the parking area. Prep ed By: � Department Head: i ,r � r � --' � , Ry Gayle , roject Administrator Mark Greenwood, P.E. Director of Public Works CITY COUNCtL ACTION Director of Finance APPROVED �� DF,NiF,D au S. Gi son, RECE[VED OTHI;K Ap val: MI:ETING DAT � , �� — s�zd AYES:� ��2dt NOES: AI3SENT: AI3STAIN: M. Woh uth, City Manager VERIFIED BY: Original on File with City Ge��k 01'fice � CONTRACT NO. C33010 PARKING AGREEMENT THIS PARKING AGREEMENT (this "Agreement°) is entered into as of�Y , 16 , 2013(the"Effective Date°), and is entered into by and befinreen the City or Palm Desert, a California charter city, ("CITY") and Desert Cities Baptist Church, a California nonprafit corporation("CHURCH"). RECITALS WHEREAS, CHURCH is the fee owner of that certain real property (the "Property")adjacent to the CITY's Cahuilla Hills Park("Park")on Tierra Del Oro; and WHEREAS, CHURCH desires to assist CITY to provide for overflow parking on that portion of the Property identified on the Site Plan attached hereto as Exhibit °A" (the "Designated Parking Area"), on the terms and conditions described below; NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, it is hereby mutually agreed as follows: AGREEMENT SECTION 1. Parking Privileaes. CHURCH shall allow for parking privileges for the Term and upon the covenants, agreements, and conditions set forth herein. CITY shall have use of the Designated Parking Area for parking for visitors to the Park as hereinafter provided. SECTION 2. T�rm and Effective Date. Commencing on the Effective Date and continuing thereafter on a month-tamonth basis until terminated by either CHURCH or CITY upon ninety (�) days prior written notice ("Term°), unless terminated earlier in accordance with the provisions of this Agreement. SECTION 3. Use of the DesiQnated Parkina Area . The Designated Parking Area shall be used by CITY as an overflow parking area for the persons using the Park and adjacent recreational areas. �thout limiting the foregoing, only passenger vehides shall be parked on the Designated Parking Area, and no construction vehicles or vehicles with more than lwa(2)axles shall be parked on the Designated Parking Area or be given access thereto. No ovemight parking shall be permitted by CITY. CITY shall not place any personal property on the Designated Parking Area, or alter the Designated Parking Area, without the prior written consent of CHURCH, which consent may be given or withheld in the sole and absolute discretion of CHURCH. CHURCH hereby gives consent to CITY to rough grade the Designated Parking Area and place millings. CITY, at its sole cost and expense, shall perform periodic maintenance and debris removal. CITY shall be responsible for any damage to the Designated Parking Area caused by CITY or CITY's invitees, and CITY shall promptly repair any such damage at CITY's sole cost and expense. CITY shall install trash receptades at the Parking Area and signage to discourage littering. The CITY shall also oonduct a litter pick up at the Parking Area as needed on weekdays. CITY hereby assumes the risk of damage to personal or real property, or injury to persons in or on the Designated Parking P6402-0001\1000984v1.doc 1 c:wsersvgavienoes�ctop►oesen c�ties espns�ctw,rcr�Pan�+ng n�rmnc rer 20��-�-�o doc.doc 72500-00001�8067874.I Contract No. C33010 Area or arising from the use or occupancy thereof from any cause whatsoever, except when caused by the gross negligence or wiliful misconduct of CHURCH. Vehicies shali be allowed to park in the Designated Parking Area only during Park hours. SECTION 4. Condition of the Desianated Parkinq Area. CHURCH shall have no obligation to maintain, repair or improve the Designated Parking Area. SECTION 5. Rights of Entry and Use. CHURCH shall have the right to enter and inspect the Designated Parking Area at any time. CHURCH does not relinquish its right of ownership and does not convey a property interest through this Agreement and simply conveys parking rights. CHURCH and its invitees shall retain the right to use the Designated Parking Area. SECTION 6. Surrender. CITY agrees, upon the expiration or earlier termination of this Agreement, to quit and surrender the Designated Parking Area to CHURCH. SECTION 7. Indemni�cation. CITY hereby agrees to indemnify CHURCH against and save CHURCH harmless from any and all losses, costs, damages, charges, liabilities, obligations, fines, penalties, claims, demands, or judgments and any and all expenses, including without limitation reasonable attorneys fees and expenses, court costs, and costs of appeal, settlement and negotiations, arising out of or in connection with: (a) the use of the Designated Parking Area by CITY or CITY's employees or invitees; (b)the conduct of CITY's business or any activity, work or thing done, permitted or suffered by CITY in, on or about the Designated Parking Area ; (c) any failure to perform or observe any of the terms, covenants, conditions or provisions required to be performed or observed by CITY under this Agreement; and �d) any negligence by CITY or its employees or agents. In the event any action or proceeding is brought against CHURCH by reason of clauses (a) through (d) inclusive, CITY shall, at the request of CHURCH, assume the defense of the same at CITY's sole cost with counsel reasonably satisfactory to CHURCH, as appropriate. The indemnification obligations of CITY contained in this Section 7 shall survive the expiration or earlier termination of this Agreement. SECTION 8. Partial Invaliditv. If any one or more of the terms, provisions, covenants or conditions of this Agreement shall to any extent be invalid, unenforceable, void or voidable for any reason whatsoever, none of the remaining terms, provisions, covenants and conditions of this Ag�eement shall be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 9. Notices. All notices, statements, demands, consents, approvals, authorizations, offers, designations, requests or other communications hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if delivered personally or if mailed by United States certified or registered mail, return receipt requested, postage prepaid, and: P6402-0001\1000984v1.doc 2 C\Userslrgayler�DesktoplDesert Cities Baptist Church-Parlcing Agrmnt rev 2013-7-10 doc.doc 72500.00001\806787A.1 Contract No. C33010 If to CITY: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attention: City Manager If to CHURCH: Desert Cities Baptist Church 45-825 Tierra Del Oro Palm Desert, CA 92260 Attention: Pastor or to such other addresses as each respective party may from time to time designate by notice in writing. SECTION 10. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. SECTION 11. Amendment. This Agreement may only be amended by a written instrument duiy authorized and executed by CHURCH and CITY. SECTION 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same agreement. SECTION 13. Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of CHURCH and CITY and their respective successors, assigns and successors in interest. IN WITNESS WHEREOF, the parties have caused this Parking Agreement to be executed on the date first written above. CITY: CHURCH: CITY �P M DESERT , a California DESERT CITIES BAPTIST CHURCH Ch�rter B` � ��C,- �-,.. �' y; . -..�---� By: Nam �. � Name: c+�.-�, Title: +�' - Title: � EST: Ra helle D. Klassen, Ci y Clerk P6402-0001\1000984v1.doc 3 C.1UserslrgaylerlDesktoplDesert Cities Baptist Church-Paricing Agrmnt rev 2013-7-10 doc doc 72500.00001�8067874.l Contract No. C33010 EXHIBIT A SITE PLAN P6402-000111000984v1.doc A-1 72500.0000148067874.1 Contract No. C33010 ,, ,. , r '' r w :� '�.� �",. . �. , � ' '''.�Ir` ,rr. .. I �� .�♦ ^ � �.- 9 / . y • 1 � :f ♦ .� .•. .. • • ♦ • � _, 9� � �"'` � � ♦. � •• Y�. • . ,- �� EI i�i1 ti� ` . �� ` �F ��I., ' ., V' � ° t , � ♦ .'� • �� .�J . • • • �` �� R"#� � � � � �, � '�tr v � �. . Oi u `�'ir, ',`�'� • �+ � � `;1�� 1 � _� *`75�{ • � � • . �Y � � + # y 1�� '°� 5 � � ��i � �� . f � � ' �� ; , . � �� .� . ., , ..�.,#s1 ,, a ,, � '� . . s t w f; y�+,�4+�'�`-�� 'M� �� . y� � ` ��.... . , ... '+y� �Si� I� �'a1 � !" � �,. � �l,�� '��i ' �� . • ' sn.+ � y � mk ,�+�`�r��* �-.• ` .. L ..2.. r._ �_I '��,v�l! �� , ; �" t' ��' �City,,of Palm�D'e,sert�� "�' �': � � H „ '.� ` .r. � t'� ~ "�"a� c ,�: s { �,�,. ' >• '4y,''�` �ahuilla Fli!/s " ` -�! . ., „ -,� , � - 1 ' Park ' S �: � � � o '�'�' ,, •.�r ., � �,. '. , �� J s� r � r i � � �,. � .� i r� � ��. �� ♦ .�' ,.. �► x, �+� •� ��, �,� • -�;;�e �� . ��"� � _ 4 _ � t, ,�� s _��r , .� . , . ,.;; � �*�" " ' ` f . . ERRA"Q�L�`PRO . T7ERRR t3EL ORO '+;. _ r » . �� n. s � ��i..��1'�,�� ;� � . ,s `. _ i � �. .Y' � .,� y - �� - � Ctf��s Ba,ptist � urch i " - N • '�'s � ► '`� G. W.D. a�'r � � � �. s � �� M , �4 � �Y' - �� i '°�_� � � > .. ,. . . • ,. �y ' ___ o t � .* ,,. ..�.� � �T #�� a a . '�-4 �+ ^ t � � � • � �.. � .�!.+ �"� . �__, „��' � e '� �Designated ; � , y y < Part�ing • p �"` Area 4 ' • � � . � ' �� ,.,_., �- , , '� � « ; J��` ' _ f �_ i; :.s•� � I TANQU'�E�D�E AC3UA RD� �e � : , � � j � N3 � y �_.a ��.. r e . • �.� � � � �." �� ,� 'Nr-m �.� . ♦ r a ��-`+ .i � ��` . �'� r � .r.r i �;� ,� �, . ,f �F' Y �� Tierra Del Oro �' ; i-- ----�.. < ,��r'�� -- ,;,�y., '.�t � '��:�� ~� i � � . �� ip Contract No. C33010 State of Califomia } } SS. County of ��kJS�c��- } On �� ( , 201 fore , � r� " ' ' ; .� , a Notary Public, personal appeared o�cD f,,� " 4r� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isJare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir 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 Califomia that the foregoing paragraph is true and correct. WITNESS m hand and official seal. ,,��;•�, TOMM BEIANIGH y ;'� � � Commission�1986769 .�:_ � Z`�,n:ei � Notary Public-California i z`�"'�' Riverside County � i' ,`'—•� M Comm.Ex ires Je130.2016 i� Signature ��'� (seal) - OPTIONAL - DESCRIPTION OF ATTACHED DOCUMENT: �5�2� C- �`t�pS � �'�h u�t� - � � �� L><P.�E�ti T (TITLE OR TYPE OF DOCUM NT) (NUMBER OF PAGES) �-�c.t C� �v/3 (DATE O DOCTJMENT) (SIGNER(S)OTHER THAN NAMED ABOVE) Rf`ht T6aw6prlot otSigeer (OTHER INFORMATION) Contract No. C33010 State of California } } SS. County of Riverside } On July 16 , 2013 , before me, M. G. Sanchez , a Notary Pubiic, personally appeared John M. Wohimuth , who proved to me on the basis of satisfaatory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he(she/they executed the same in hislher/their 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. 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. M.G.SANCHE2 '�`� Commission+Y 1906339 [ _ -�► Notary Publfc-CalHarnfa � — Riverslde County � )��, �� j � My Comm.Ex irea Oct 29,2014� , - Signature ��f � (seal) ;" ` ! PTIONAt - DESCRIPTION OF ATTACHED DOCUMENT: Certain Real Property Adjacent to the City's Cahuilla Hills Park Desert Cities Baptist Church — Parking AQreement (TITLE OR TYPE OF DOCUMENT) (NUMBER OF PAGES} July 16. 2013 (DATE OF DOCUMENT) {SIGNER(S)OTHER THAN NAMED ABOVE) Ri�ht Tnaw6pAnt orSiper (OTHER INFORMATION) ��