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HomeMy WebLinkAboutSR - R25610 - Cmmrcl Domestic Water & Sanitation SystemContract No. R25610 ,a PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RATIFY THE EXECUTIVE DIRECTOR'S APPROVAL OF THE CONSTRUCTION AND CONVEYANCE OF AN EXTENSION OF THE COMMERCIAL DOMESTIC WATER AND SANITATION SYSTEMS AT ENTRADA DEL PASEO TO THE COACHELLA VALLEY WATER DISTRICT SUBMITTED BY: MISSY WIGHTMAN, PROJECT COORDINATOR CONTRACTOR: COACHELLA VALLEY WATER DISTRICT P O BOX 1058 COACHELLA, CA 92236 DATE: AUGUST 24, 2006 CONTENTS: COMMERCIAL DOMESTIC WATER AND SANITATION INSTALLATION AGREEMENT, BILL OF SALE, THE PETITION FOR ANNEXATION OF CERTAIN LAND TO THE IMPROVEMENT DISTRICT, AND THE SUPPLEMENTAL IMPORTED WATER SUPPLY CHARGE INFORMATION FORM Recommendation: By Minute Motion, that the Agency Board ratify the Executive Director's approval of the construction and conveyance of an extension of the commercial domestic water and sanitation systems at Entrada del Paseo to the Coachella Valley Water District (CVW D). Executive Summarv: By approval of the staff recommendation, the Agency Board will ratify an agreement approved and executed by the Agency's Executive Director for the construction and conveyance of the extension of the domestic water and sanitation installation agreements at Entrada del Paseo. The new construction of the Henderson Community building and future development of the La Spiga Restaurant will require the extensions of the domestic water and sanitation systems from the existing system previously built in 2002. Discussion: The Redevelopment Agency has served as the master developer on the 12-acre site known as Entrada del Paseo. To date, approximately half of the site has been developed. The Henderson Community Building is beginning construction, and the design for several acres of landscaping surrounding this site is nearing completion, which will leave less than three acres undeveloped. The Agency Board approved a Disposition and Development Agreement for a fine dining Staff Report Approval of Agreement for Professional Services with Stantec Consulting, Inc., for Entrada del Paseo Page 2 August 24, 2006 restaurant in the back corner of the property near the intersection of Painters' Path and the Palm Valley Storm Channel. In order to prepare the site for development of this restaurant and the Henderson Community Building, the domestic water and sanitary sewer systems need to be extended from the original system built at the Entrada del Paseo site. Agency staff proposes to construct and convey these utilities to CVWD now so that the site work can move ahead as scheduled. These executed documents are hereby presented to the Agency Board for ratification. Submitted by: Department Head: Missy MgKtman /,Dave Yrigoyen Project Coordinator U Director of Redevelopment/Housing Approval: iV' sti McCarthy, AC I pment Paul S. Gibson, Director of Finance '� BY RDA Carlos L. Orte�xecutive Director ON VERIFIED BY 19L-)Kjf-C Original on file with City Clerk's Office G:1RDA1Melissa Wightman1a Spiga and Entrada del Paseo Phase 3 Landscaping\CivihStaff Report- CVWD Ratification.doc NO Recording Fees Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 (Space above this line is for Recorder's Use) COMMERCIAL DOMESTIC WATER AND/OR SANITATION INSTALLATION AGREEMENT THIS AGREEMENT is made on this llth day of August 2006, by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its headquarters at Coachella, California, hereinafter designated as "District," and Palm Desert Redevelopment Asencv located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 hereinafter designated as "Customer". WHEREAS, Customer is the owner of certain real property located within the N/W quarter of Section 19 , Township 5 South, Range 6 East, San Bernardino Meridian, in the �Cbant y/City of Palm Desert , State of California, which has been designated as Parcel Man 30226 , more particularly described on Exhibit "A" and shown on Exhibit "B" attached hereto and hereinafter designated "Real Property." Customer is developing said Real Property for the purposes set forth on Exhibit "C" attached hereto and by this reference incorporated herein. WHEREAS, said Real Property will require a water distribution system and/or sanitation system and domestic water service and/or sanitation service; and WHEREAS, Customer is desirous of having District provide domestic water and/or sanitation service to said Real Property and is willing to transfer to District the water distribution system and/or sanitation system necessary therefore after the construction thereof and District is willing to accept such transfer and to provide domestic water service and/or sanitation service to said "Real Property" on the terms and conditions set forth herein. .NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Customer will comply with District's "Regulations Governing Domestic Water Service","Regulations Governing Sanitation Service" and "Instructions for Preparation of Improvement Plans for Domestic Water Systems and/or Sanitary -1- CVWD-014C (Rev. 2/05) Sewer Systems as the same may be amended from time to time, the provisions of which are incorporated herein by reference. 2. The domestic water system and/or sanitation system to serve said Real Property shall be constructed in conformity with all city, county, state and federal regulations and in accordance with District's "Standard Specifications for the Construction of Domestic Water Systems" and/or "Standard Specifications" for the Construction of Sanitary Sewer Systems" and such specifications and construction plans prepared by Customer (at Customer's sole cost and expense) and which shall be approved in writing by District prior to the presentation thereof to contractors for bidding purposes. Customer's submission of plans and specifications to District evidences Customer's representation and warranty to District that the plans and specifications are complete, accurate, workable and are in compliance with all governmental requirements with respect thereto, including, without limitation, District's. The domestic water system shall include without limitation, all pipelines, valves, service connections, fire hydrants and appurtenances, excepting only the water meter to the individual lots. The sanitation system shall include, without limitation, manholes, pipelines, house laterals, pump stations and appurtenances. 3. The Contractor employed by Customer to construct the domestic water system and/or sanitation system shall be licensed by the State of California for these types of construction and in addition shall be approved by District for such purpose. 4. The entire cost of the construction of the domestic water system and/or sanitation system shall be paid by Customer. District's inspection personnel shall have the approval to enforce compliance with the approved plans and specifications, including the authority to require that any and all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by Customer's contractor. Any inspection completed by District shall be for the sole use and benefit of District. Without limiting the generality of the foregoing, District does not have a duty of care to protect against negligence, faulty or defective work. Further, the inspection is not for the purpose of determining installed footage of water or sewer pipeline or for compliance by the Contractor with safety requirements. 5. Prior to the release of the improvement plans for the domestic water system and/or sanitary sewer system, Customer shall furnish to District and/or comply with the following: a. Bill of Sale for conveyance of the domestic water system and/or -2- CV WD-014C (Rev. 2/05) sanitation system. The Bill of Sale shall convey title to the system to District. The system shall be transferred free of all liens and encumbrances except easements and other matters of record that will not interfere with construction, use and maintenance of the domestic water system and/or sanitation system. b. Any and all Deed(s) of Easement or Grant Deed(s) to any rights- of -way or other real property interests necessary (in District's sole and absolute opinion) for the operation of the domestic water system and/or sanitation system or to comply with the requirements of District's Regulations Governing Domestic Water and/or Sanitation Service. c. Written petition(s) for the annexation of the Real Property to those Improvement Districts of District which are applicable to the public services to be provided. d. An irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following: in the amount of $2,000 or five percent of the amount of the construction contract(s), whichever sum is greater, as security for the purpose of guaranteeing the completion of construction as provided in Paragraph 2 and to further guarantee that Customer shall comply with Paragraphs 6 and 7 herein. Said security shall provide that District has the absolute right, five days after the mailing of a written notification to Customer by certified mail at Customer's address herein, to draw all or a portion of the funds represented by the security as may be necessary to complete construction, including administrative and all other project costs or to secure compliance with the provisions of Paragraphs 6 and 7. Said security, less draws, if any, will be returned to Customer upon acceptance of the domestic water system and/or sanitation system by District. e. As to any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Customer: 1) Grading plans of the site(s) for District approval. After the grading plans have been approved by District, grade site(s) in accordance with approved plans. 2) Plans for perimeter walls and exterior landscaping for District approval. After the plans have been approved by District, construct the walls and landscaping in accordance with the approved -3- CVWD-014C (Rev. 2/05) plans. The design of the walls shall include consideration of noise attenuation to maintain exterior noise levels for residential development while the well or lift station is in operation. Said perimeter walls shall be installed prior to District providing service. 3) Provide electrical power of a voltage and wattage necessary for the well or lift station operation to the site(s). Plans for this installation shall be approved by the District prior to construction. 4) Plans for the acceptance of well site drainage and well discharge water from the well site(s) into the on -site drainage facilities for District approval. After the plans have been approved by District, construct and maintain the facilities necessary for the conveyance of these waters from the well site(s) in accordance with approved plans. 5) Be responsible for the exterior landscaping at the site(s). 6. Prior to the installation of water meters or the acceptance of the domestic water system and/or sanitation system by District, whichever occurs first, Customer shall furnish to District and/or comply with the following: a. Pay all Water System Backup Facilities Charges, Supplemental Imported Water Supply Charges and/or Sanitation Capacity Charges as may be applicable. b. As to any water well developed by Customer for irrigation or any other purpose in connection with said Real Property, execute a separate well metering agreement with District. Said agreement will be mailed to Customer by District. Section 31638.5 of Chapter 7, Part 6 of Division 12 of the Water Codes states that: "It shall be unlawful to produce water [in excess of 25 acre-feet per year] .unless the well or other water producing facility producing such water shall have a water -measuring device [meter] affixed thereto which is capable of measuring and registering the accumulated amount of water produced." c. Upon execution of a well -drilling contract, for the well described in Subparagraph 6.b. above, notify District of intent to drill said well, the required meter size, and upon completion of said well shall install a meter and pump discharge manifold according to District specifications, at Customer's expense. In the event that the meter installation and pump discharge manifold is not completed according to District specifications and with District's approval, District shall have -4- CVWD-014C (Rev. 2/05) the right to direct that the entire discharge manifold assembly be reconstructed at Customer's expense. District, for Customer's convenience, will make available the meter and meter installation specifications upon request to District by Customer and/or well driller's authorized representative. After completion of the meter installation District will, at District's expense, obtain a hydraulic pump test on the well for determining any meter correction factors. District employees and agents shall, at reasonable times, over lands owned by Customer on which said well is located, have the right of ingress and egress. District will own, operate, maintain and replace said meter at District expense. District will read said meter at periodic intervals and make such readings available to Customer if so requested. Customer agrees that District may obtain copies of current and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. 7. Prior to the acceptance of the domestic water system and/or sanitation system by District, Customer shall furnish to District any and all requested documents, including but not limited to the following: a. A Declaration by Customer or its Contractor(s) that the Contractor(s), or any party who furnished material in the construction of the domestic water system and/or sanitation system, have been paid in full. b. As -Built Drawings of the domestic water system an/or sanitation system. Acceptance by District of the domestic water system and/or sanitation system shall vest title thereto in District without any further action on the part of Customer. c. A surety bond, irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California, naming District as sole beneficiary with the exclusive right of withdrawal according to the following: in the amount of $2,500 or ten percent of the amount of the construction contract(s), whichever sum is greater, to guarantee the performance of the installed domestic water system and/or sanitation system against failures of any type, the period of said guarantee and said warranty shall be for one year from the date of the acceptance of the domestic water system and/or sanitation system by -5- CVWD-014C (Rev. 2/05) District. Said security, less any charges by District, shall be returned to Customer at end of one year. 8. Upon the request of Customer, District will furnish to the appropriate departments of the appropriate City or County, the Department of Real Estate and/or Department of Corporation of the State of California, a letter from District indicating that financial arrangements have been made for the construction of the domestic water system and/or sanitation system for the Real Property and District is willing to provide domestic water service and/or sanitation service to each and every lot therein, provided Customer has done all of the following: a. Complied with all provisions of this Agreement applicable at the time. b. Furnished District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in the State of California in a form approved by District in the amount of $2,000 or five percent of the aniount of the construction contract(s) whichever sum is greater. C. Furnished District with a copy of the Bond filed with the appropriate City or County, guaranteeing the construction of required Real Property improvements, including the domestic water system and/or sanitation system provided for herein. d. Paid to District any amount due under the Water System Backup Facilities Charge, Supplemental Imported Water Supply Charges and/or Sanitation Capacity Charge as may be applicable. e. Initiated a Well Metering Agreement with District (if applicable). 9. District shall not be liable for: a. The replacement of decorative concrete and other surface improvements, including but not limited to, alternative paving methods which District may be required to remove in the future to gain access to the domestic water system and/or sanitation system. Customer waives the right of claim, loss, damage or action against District arising out of or resulting from removal or destruction of decorative concrete or other surface improvements or any action of District, its rights hereunder and Customer here)y waives all claims in respect thereof against District. Customer hereby agrees to indemnify and hold harmless District against and pay in full all loss, damage or expense that District may sustain, incur, become liable for arising out of or in connection with the rights provided -6- CVWD-014C (Rev. 2/05) for hereunder. b. The maintenance of the exterior landscaping or exterior walls around the domestic water well Bite(s) and/or sanitary sewer lift station site(s) provided by Customer in Subparagraph 5.e. herein. Customer and his successors shall be responsible for the maintenance of the8e improvement8. 10. District 8hall not be subject to the approval of Customer on any use restrictions or conditions for any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Customer. Customer shall include an acknowledgement of these conditions in the rental or sales agreement for said Real Property. 11. Customer will provide notice to the occupant of any buildings within 300 feet of any District domestic water well site(s) and/or sanitary sewer lift station site(s) of the fact that District owns the property and its proposed and/or actual use and the activities that are involved during the construction and operation of said domestic water well and/or sanitary sewer lift station, such as heavy equipment operation, including drilling and maintenance derricks which may create noise and vibration. Customer shall include an acknowledgement of these conditions in the rental or sales agreement for said Real Property. 12. In the event that construction of the facilities which are the subject of this Agreement has not begun within 12 months of the date of this Agreement or, having been completed, said facilities have not been accepted by District within 24 months of said date, District shall have the right to declare this Agreement void. In the event District exercises said right, it shall have no further obligations under this Agreement. Any new or revised .Agreement and any related domestic water and/or sanitary sewer plans shall reflect any new conditions in effect at that time. Costs, fees and charges due under said new or revised Agreement shall be those which are in effect at the time payment thereof is tendered. 13. Customer shall be required to repair, or cause to be repaired, any and all of the domestic water system and/or sanitation system which has been damaged by any party prior to District's final acceptance of the domestic water system and/or sanitation system, which final acceptance shall follow final inspection and testing of domestic water system and/or sanitation system. Customer specifically agrees to make, or cause to be made, the corrections and/or repairs determined to be necessary by District inspection personnel, without cost to District, and to provide for and require of Customer a one- year (following date of final acceptance by District) materials and workmanship guarantee providing that said Customer will repair, or cause to be repaired, at its expense, all -7- CVWD-014C (Rev. 2/05) failures of the domestic water system and/or sanitation system which it caused to be furnished, installed and/or constructed due to faulty materials or installation, including settlement of backfill, within said one-year period. Upon notification by District of any loss or damage during the guarantee period resulting from a defect, Customer agrees to proceed within forty-eight (48) hours after receipt of notification of such defect from District, with due diligence, at its own expense, to replace any defective material or perform any labor necessary to correct, or cause to be corrected, any loss of damage resulting from defect in the work, as described above, and Customer also agrees to continue with due diligence to correct any defective material or work during normal working hours until all defects are cured, provided, however, if the defect is of an emergency nature, will be treated as such, and immediate steps shall be taken to effect the necessary repairs. Upon failure of Customer to perform, as stated above, after the said written notification of defect by District, District may furnish or secure on Customer's account out of funds set forth in Subparagraph 7.c. and to bring the work up to the required standard. Any cost above the amounts set forth in Subparagraph 7.c. incurred shall be a debt immediately due and payable by Customer. Nothing in this paragraph shall limit or abrogate any other claims, demands or actions District may have against Customer on account of damages sustained by reason of such defects, nor shall the provisions of this paragraph limit, abrogate or effect any warranties in favor of District which are set forth in any construction agreement or implied by California law. 14. District shall be under no obligation to protect the domestic water system and/or sanitation system until written acceptance by District, or any material, tool, equipment and facilities; Customer shall bear all risk of loss or damage thereto by whatever cause inflicted. Customer shall rebuild, repair, restore and replace or cause to be rebuilt, repaired, restored or replaced, and make good all injuries or damages to any portion of the domestic water system and/or sanitation system before completion and acceptance by District and shall bear the expense thereof. 15. The parties acknowledge and understand that the fee or fees set forth herein are predicated upon the use of said Real Property for the purposes set forth on Exhibit "B," or within other documents, applications or filings (collectively, "Applications") with District. In the event that said Real Property, or a portion thereof, is used for a purpose other than as set forth on Exhibit IIBH or in the Applications, Customer understands, acknowledges and -8- CVWD-014C (Rev. 2/05) agrees that Customer, its successors and assigns, may be subject to additional cost, fees arid expenses, in connection with such changed uses, as promulgated by District. 16. In the event that Customer fails to perform any obligation under this Agreement, Customer agrees to pay all costs and expenses incurred by District in securing performance of such obligations, including costs of suit arid reasonable attorney's fees. 17. Customer hereby binds itself, its executors, administrators arid assigns, and agrees to indemnify, defend and hold District harmless from any losses, claims, demands, actions or causes of action of arty nature whatsoever, arising out of or in arty way connected with the improvements agreed to be constructed arid installed under this Agreement by Customer, including cost of suit and reasonable attorney's fees. 18. Following fulfillment of the terms and conditions herein and acceptance by District of the domestic water system and/or sanitation system, District will provide domestic water service and/or sanitation service to said Real Property in accordance with District's Regulations cited in Paragraph 1. 19. This Agreement is binding on the assigns of District and on the assigns, successors, arid representatives of Customer. PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES COACHELLA VALLEY WATER DISTRICT By: Dated: PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES CUSTOMER ATTEST: �$S By Rachel a D. assen, ecre% Carlos L. AOrteqa�,MWUW� Execut3...e Director Palm Desert Redevelopment Agency Dated: August 11, 2006 -9- CVWD-014C (Rev. 2/05) State of California County of Ri verside, On 4u.G "-F 1 ;/ - , q6o& , before me, M - O oria. Martinez a Notary Public, personally appeared -2ajroS L - D1-{�� 6nd )1?W9111e � , personally known to me evklenee) to be the person& whose name(D j6/(& subscribed to the within instrument and acknowledged to me that lye/spe(g� executed the same in h1s/h the authorized capacit I s and that by tA/0heib signatures on the instrument the persoRD, or the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official seal M. GLORIA MARTINEZ Commission # 1382510 •.s Notary Public - California D Riverside County My Comm. Expires Oct 29, 2006� Signature seal DESCRIPTION OF ATTACHED DOCUMENT: "w6n Ommundclatildif-40C 6ift-adct- o�%ro (TITLE OR TYPE OF DOCUMENT) 9 Yasc (NUMBERbt PAGES) A bus+ 11, ago (p (DATE OF DOCUMENT) Right Thumbprint of Signer (Optional) (SIGNER(S) OTHER THAN NAMED AtM, ,'E) BILL OF SALE For a valuable consideration, receipt of which is hereby acknowledged Palm Desert Redevelopment Agency as SELLER, hereby bargains, conveys and sells unto the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, the following described personal property, such conveyance to become effective upon the construction and installation of such personal property as described below: All of the domestic water and sanitation collection facilities including, but not limited to fire hydrants, services, manholes and house laterals for Parcel Map 30226- Parcel 12 Witness c e a n, Secreta Date: t Seller: &L. Carlos Or ga By: Executive Director Date: August 11, 2006 CVWD-1 s 1C (Rev. 1/97) PETITION FOR THE ANNEXATION OF CERTAIN LAND TO IMPROVEMENT DISTRICT NO. 54 NO. 55 No. 58 AND REQUEST FOR SANITATION SERVICE OF COACHELLA VALLEY WATER DISTRICT Petitioner alleges: (1) That it is the owner of certain land in the County of Riverside, State of California, described as: Tract or Parcel Map(Name or Number) PM:30226- Parcel 12 Block Lot _ Record of Survey: Book 9tl� Page_16-19 Map Book: Book 163 Page 34,35 Lot 12 Conveyance Deed required and attached sec. -19 T 5 S, R _6 E Street Address ]U-557 HiRhwav 111 and 72-559 Highway 111, Palm Desert, CA Assessors Number(s) 640-370-012 (2) That it hereby petitions, requests and consents to the annexation of such land to one of the following Improvement Districts: 54, 55 or 58, to the Coachella Valley Water District. (3) That it understands that the conditions of such annexation are: (a) That the land so annexed to one of the following Improvement Districts: 54, 55 or 58, shall be subject to the existing bond issues and indebtedness of such Improvement District and shall likewise be subject to all assessments, taxes and charges which may be levied within such Improvement District. (b) That the land so annexed to one of the following Improvement Districts: 54, 55 or 58, shall be subject to the payment of an annexation charge in accordance with the amounts set out in District Rules and Regulations in effect at'the time of execution of this petition. (4) That the Board of Directors of the Coachella Valley Water District may proceed with such annexation and conclude the same -at any meeting thereof without further notice to petitioner. (5) The undersigned applies for sanitation service subject to all regulations of the Coachella Valley Water District and agrees to pay a monthly service charge, which shall begin ninety (90) days after receipt by the District of this petition (when a District sewer is available) or ninety (90) days after a District sewer becomes available, whichever is later. Any failure to comply with any of the preceding annexation conditions may cause the District to terminate all District services provided the land being annexed herein. (Type or Print). �® Carlos L. Ortega For Palm Desert Redevelopment Agency Name"Of Petitioner Signature of Pe inner 73-510 Fred Waring Drive, Palm Desert, CA 92260 Carlos L. Ortega, Mailing Address 760-346-9368 Telephone Signature of Petitioner Signature of Petitioner August 11, 2006 Date THIS DOCUMENT REQUIRES THE SIGNATURES OF ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY. (FOR DISTRICT USE ONLY) Account No. MCR No. Date Class EDUs Date Date CVWD-203 (Rev. 4/05) SIWSC INFORMATION FORM (Supplemental Imported Water Supply Charge) Tract/Parcel No. 30226 Parcel 12 Project Title Entrada Del Paseo For project plan approval, the following information must be provided Development Type ❑ Gasoline station with ❑ Gasoline station with convenience store convenience store and car wash ❑ Hotel and motel ❑ Supermarket shopping center ❑ Golf course development ❑ Public school ❑ Apartments and condominiums ❑ Mobile home and trailer park ❑ Residential lot(s) Retail shopping area/restaurant Business office ❑ Industrial and commercial park ❑ Self storage facility Total gross acreage of project 11.96 Acres FOR DISTRICT USE ONLY Cross Acreage Develol--t Type Total CVWD-M (Rev. 12/05)