HomeMy WebLinkAboutReim of AIPP Fee for Lake Cahuilla Palms CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVE THE REIMBURSEMENT OF THE ART IN PUBLIC
PLACES FEE IN THE AMOUNT OF $88,311.96 FOR LAKE
CAHUILLA PALMS BY LARRY AND NANCY CUSH FOR THE
COACHELLA VALLEY WATER DISTRICT'S STEVE ROBBINS
ADMINISTRATION BUILDING LOCATED AT 75-515 HOVLEY
LANE EAST AND AUTHORIZE MAYOR TO SIGN THE
CORRESPONDING PUBLIC ART AGREEMENT
SUBMITTED BY: Deborah L. Schwartz, Management Analyst
APPLICANT: Heather Engel
Coachella Valley Water District
Post Office Box 1058
Coachella, California 92236
DATE: August 28, 2014
CONTENTS: 1. Developer Application Form B
2. Pictures of Completed Artwork
3. Public Art Agreement
4. Proof of payment of Art in Public Places fee
Recommendation
By Minute Motion: 1) Approve the reimbursement of the Art in Public
Places fee in the amount of $88,311.96 for Lake Cahuilla Palms by Larry
and Nancy Cush as the public art component for the Coachella Valley
Water District located at 75-515 Hovley Lane East, Palm Desert,
California. Funds are available in Account Number 436-0000-228-9900;
2) authorize Mayor to sign Public Art Agreement.
Backqround
At its meeting of September 12, 2013, the City Council approved Lake Cahuilla Pa/ms
by Larry and Nancy Cush as the public art component for the Coachella Valley Water
District's Steve Robbins Administration building. Lake Cahuilla Palms is a created
environment consisting of a 53' 8" x 6' tile mural, a tile bench, and customized
landscaping.
Staff Report
Reimbursement of AIPP Fee for CVWD
August 28, 2014
Page 2 of 2
Lake Cahuilla Palms has been completed and installed as proposed, and the Coachella
Valley Water District is requesting the return of the fees paid into the fund in the amount
of $88,311.96. The total fee paid into the Art in Public Places Fund is $90,000.
Fiscal Analvsis
Funds are available for the reimbursement in Account Number 436-0000-228-9900. No
general fund money will be expended.
Submitted by: Department Head:
� � ��
�'�
Deborah L. Schwartz, uri Aylaian,
Management Analyst Director of Community Development
Approval: CITY COUNCILA,�TION
APPROVED '� DENIF;D
RECEIVED OTHER
r
EET G DAT�/ '��''
a I Gibson, Director of Finance AYES• �'�� �tQ�j� Q " y�
NOES:
� � ABSENT:
�` ABSTAIN: '
ERIFIED BY:
n M. WOhlmUth, City Manager Original on File with City Clerk's Office
�
Ctty ot Patm Desert,Calitornia
Art in Public Piaces Program
Focm 8: ProJect Completion Notlflcatlon
Date �'� " ��'
Form B should be submitted bp the Developar upon iristallation of artwori�on site
or donation of artwork to City af Paim Desert.
1. PROJEC�'IN �M,A►n4M
Project Name �GUQ b ►�. �c� t�rt �"iuvr, �ICC t�t
Project Address -
Project Manager Name
Project Manager Address , ,Qy�, .,
TelephonelFax -
Emaii •
Project Owner �,�/GV�
Owner Address �5an�a.a5 a��
Telephone/Fax �. �.5 ctbtrvt-
Emall �� ��
Project Completion Date ��I,tY1P� 20! �
Public Art Fee Amount$_�Q,�Q�
Total Artwork Cost$_�8, �,,,�.�Ca
Request�d Public Art Fes Reimbursement Amount $_����(! •9 Cv
. -..n.
II. ARTWORK INFORM,_,AnON
Program Qption: Artworlc on site r�_ Donation
Artwork Title
Artwork Site
Artwork Material � (,�
Artwork Dimensians 5�i�' S��s�d,ps x [D
1
City of Pafm Desert—Art f»Pubiic P/aces
Arfist(s) Name Yl �Gt S�
Address J
Telephone/�ax
Ema11
Artwork installation Qate
111. A�TWt?RK DOCUMENTATI�N
1. Three digitaf images an CD or flash drive shawing tha work from at least
two different viewpoints, and one image of the work in detail.
2. One photograph of the artwork identification piaque as instal(ed.
3. A final accounting of expenses incurred in creating the artwork inciuding
copies of the artist's invoices and receipts for aN expenditures retated to
the artwo�lc.
4. Proaf of payment of the public a�t fee from the Building and Safety
Department.
5. Proof that appropriafe permits and cert'�'icates were acquired (Proof of
Review Form).
6. Public Art Agreement.
7. Letter to City Council requesting return of the public art fee for submissian
to and approval by City Cauncil. �
--�..�
2
PUBLIC ART AGREEMENT
THIS PUBLIC ART AGREEMENT dated this�day of 1-'r�.qt;��;z'' ,
20�y between the City of Palm Desert, a municipal corporation, hereinafter referred to as
"City" and Coachella Vallev Water District, hereinafter referred to as
"Owner/Developer" is made with respect to the following:
A. Owner/Developer is the owner of property located in the City of Palm
Desert, County of Riverside, State of California, as described in Exhibit"A" and
depicted on Exhibit"B," attached hereto and by this reference incorporated herein
("Property"). The street address of the parcel is: 75-515 Hovlev Lane East, Palm Desert,
California.
B. Owner/Developer has heretofore applied for and been permitted to
construct a project for which the establishment of specific public art is required and in
order to comply with the City's requirements, the art should be placed in the project and
the Owner/Developer has continuing indemnification and maintenance responsibilities as
hereinafter set forth.
C. In consideration of the approval process and the installation of such art,
this indemnification and hold harmless agreement executed by the Owner/Developer, the
City proposes to issue all permits for the installation of same.
D. Now,therefore, the City and Owner therefore agree as follows:
NOW, THEREFORE,the parties hereto agree as follows:
1. City has approved the development of the project of Owner/Developer that
includes the installation of artwork in said project, which artwork shall remain the
ownership of Owner/Developer.
2. So long as artwork remains in place, Owner/Developer agrees to
indemnify and hold harmless the City, its officers, agents, employees and representatives
against any and all losses, actions,proceedings and/or claims, including attorneys' fees
72500.00001\7464734.1
�izsii2 1
and all other costs of defense that were made against the City, its officers, agents,
employees and representatives in connection with or arising from the installation, the
existence or maintenance of such artwork. Owner/Developer's obligations under this
paragraph are currently running with the property shall be binding upon owners,
successors in interest and assigns.
3. The Owner/Developer has submitted to the City clerk a Certificate of
Public Liability Insurance in a form acceptable to the City manager naming the City and
its officials and employees as additional insureds and with limits as specified by the City
manager. The Owner/Developer shall cause the insurance to remain in effect for the life
of the project.
4. Owner/Developer shall be responsible far the maintenance, repair, upkeep
and replacement of such artwork as required by the City. This maintenance responsibility
shall include the responsibility for all damage to the area or the artwork that may result
from construction or the item being installed on said property. The property shall be
maintained in a clean, safe and attractive manner. If City, in its sole discretion,
determines that the artwork is not being maintained in an acceptable condition, City
through its Code Enforcement Department shall notify Owner/Developer in writing that
they have fifteen(15) days to correct said deficiency. If the deficiencies are not corrected
in the manner and within the time set forth,the City may make such corrections at the
expense of the Owner/Developer. Upon completion of said maintenance and/or repair
City shall send Owner/Developer a demand letter by first class mail to reimburse City the
cost of maintenance with repairs within fifteen(15) days. In the event there is a failure to
reimburse the City within such time frame, City shall be entitled to specially assess
Owner/Developer of all costs incurred in maintaining ar repairing such artwork, any cost
of collection,including attorneys' fees and other court costs, and lien the property.
5. This Agreement shall be binding upon and inure to the benefit of all
executors, administrators, successors, assigns, agents, employees, attorneys and
representatives of their respective parties hereto. In the event any provision or
disagreement shall be held to be invalid, the same shall not affect any of the terms of the
72500.00001\7464734.1
7/25/12 2
remainder of the Agreement. In the event of any controversy including the dispute
between the parties, arising out of or relating to this Agreement,the prevailing party shall
be entitled to recover from the other party reasonable expenses, attorneys' fees and costs.
6. This Agreement is made in and shall be governed by the laws of the State
of California
7. This Agreement shall be notarized and recorded in the County of
Riverside, State of California.
CITY:
CITY OF PALM DESERT, a municipal corporation
By:
,Mayor
APPROVED AS TO FORM:
By:
DAVID J.ERWIN, CITY ATTORNEY
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
OWNER/OPERATOR:
C LA VALLEY WATER DISTRICT
B � � ' T��l' �'7'
Y�
J. . B rrett
General anager
By:
72500.00001\7464734.1
7/25/12 3
STATE OF CALIFORNIA)
) ss.
County of Riverside )
On July 30, 2014, before me, Maricela V. Cabral,Notary Public, personally appeared
J. M. Barrett, who proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entiity upon behalf
of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cali:fornia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
. �
� MARICEIA V.CABRAL Maricela V. Cabral,Notary Public in
commjasion s t9g�9a� and for said County and State
_ �� Notary Public-C�lifornh
Riversid�County ..
� ���Ex ires Nov 18,2018
COMMISSION NO. 1994944
MY COMMISSION EXPIRES NOVEMBER 18, 2016
CAPACITY CLAIMED BY SIGNER: General Manager
SIGNER IS REPRESENTING: Coachella Valley Water District
EXHIBIT "A"
LEGAL DESCRIPTION
PROPERTY
APNS 632-030-044 AND 634-030-016
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 10 AND A F'ORTION
OF THE NORTHWEST QUARTER OF SECTION I5, TOWNSHIP 5 SOUT�I,
RANGE 6 EAST, SAN BERNARDINO MERIDIAN, LOCATED IN THE CI'TY OF
PALM DESERT, COLTNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL"A" OF CERTIFICATE OF COMPLIANCE ( WAIVER OF PARC�L MAP
PMW 08-138) RECORDED OCTOBER 3, 2008 AS DOCUMENT NO. 2008-0538675,
OFFICIAL RECORDS OF SAID COUNTY AND STATE .
CONTAINS 9.03 ACRES (MORE OR LESS).
EXHIBIT "B"ATTACHED HERETO AND BY THIS REFERENCE MADE,A PART
HEREOF.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS
OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION AT
THE REQUEST OF THE COACHELLA VALLEY WATER DISTRICT IN JULY,
2014.
V�'(/ � �?.�✓ 1
BRIAN BADE L.S. 5877 DATE
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PAGE 1 OF 1
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O�MER TMCTN�IE
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C 60 760 3 b-061 PERMIT SUMMARY
AIRIIGWi
�� *BLD PERMIT 14510.85
��
Q *ELECTRICAL PEI2M .00
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*E'IRE PERMIT COM 472.82
� *MECHANICAL PERM ,00
ucu+x wauc¢nr car ru un m�wwn
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ANLI�TECT I ENC.INEH1 ll(:ENBE NO
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RANCHO CUCAMONGA CA 917�0 (909)987-09 9 200844.92
s -- PLAN CHECK FEE VALUATION AND STRUCTURE INFORMATION --
CONSTRUCTION TYPE . . . . , V
OCCUPANCY TYPE , . . . . . B A3 p
ESTIMAOEDRPLANUREVIEWbBASED�OIV TOTA TESTIMATED VALUATION OF': 1800000Q
SUBTOTAL DUE IS: .00
*BLDG PERMIT/OFFICE/FRAMED IMpMIT INFORMATION --
Unit Charge Qty Per Exten i no
• INSP 300S1SF� FRAMED IMPR�DED .29�5 12465,00 S F 106010;005
-- PERMIT INFORMATION -_ SUBTOTAL D�E I5: 14510.85
*ELECTRICAL PERMIT/COMMERCIAL
SUSTOTAL DUE IS: .00
*FIRE PERMIT/COMM-INDUSTRIALERMIT INFORMATION --
Unit Charge Qty Per Fxtension
INSP%FE300S1K+�O�MMEERCIA�/INDU5 .0052 SZSU�T PAL D�E IS: 3�72882
- PERMIT INFORMATION --
*MECHANICAL PERMIT/COMMERCIAL
- PERMIT INFO.RMATION -_ SUBTOTAL DUE IS: .00
*PLUMBING PERMIT/COMMERCIAL
-- OTHER FEES ANp ASgESSMENTSSUBTOTAL DUE IS: .00
*CHILDCARE FAC IMPACT FEE 48834.75
CONSTRUCTION TAX 16986.00
*GREEN BLDG FEE SB1473 84 0
JOB VALUATION 4� O.OS
PUBR�LOW�INCOME HOUSING 2�� �1��
CIART/OTHER 9
SMI FEE
*PLAN CHECK MINIMUM FEE 284.00
SUBTOTAL DUE IS: 185861.25
- SPECIAL NOTES AND COMMENTS --
Top of form certification is
required to be approved by the Public
BUILDING DEPT.