HomeMy WebLinkAboutR23390 CA14 & Pymnt - Falcon Crst & La Rocca/RES 544PALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: 1) ADOPTION OF RESOLUTION NO. 544 MAKING
CERTAIN FINDINGS IN CONNECTION WITH PAYMENT
BY THE AGENCY FOR THE INSTALLATION AND
CONSTRUCTION OF ONSITE AND OFFSITE
IMPROVEMENTS AT FALCON CREST
2) AUTHORIZE CONTRACT AMENDMENT NO. 14, IN AN
AMOUNT NOT -TO -EXCEED $42,632.46, TO CONTRACT
NO. R-23390 BETWEEN THE PALM DESERT
REDEVELOPMENT AGENCY AND COMDYN PD, LLC
FOR INCLUSION, IN THE SCOPE OF WORK, OF THE
CONSTRUCTION OF A PASSIVE PARK AT THE FALCON
CREST DEVELOPMENT
SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
CONTRACTOR: COMDYN PD, LLC
2800 28th STREET, SUITE 206
SANTA MONICA, CA 90405
DATE: OCTOBER 25, 2007
CONTENTS: RESOLUTION NO. 544
AMENDMENT NO. 14 TO CONTRACT NO. R- 23390
Recommendation:
By Minute Motion, that the Agency Board:
Adopt Resolution No. 544 making certain findings in
connection with payment by the Agency for the installation and
construction of a Passive Park to be located in, and utilized by
the residents of the Falcon Crest development;
2. Authorize Contract Amendment No. 14 in the amount not -to -
exceed $42,632.46 to ComDyn PD, LLC (Contract No. R-
23390) for the inclusion of a passive park in the scope of work,
which is to be located in the Falcon Crest development; and
Staff Report
Adoption of Resolution No544 and approval of Amendment No. 14 to Contract No.
R-23390 (ComDyn PD, LLC) — Falcon Crest
Page 2 of 3
October 25, 2007
3. Authorize the Chairman to execute the same.
Funds are available in Account No. 870-4698-466-4001.
Executive Summary
The adoption of Resolution No. 544 will allow for certain findings to be made in
connection with payment by the Agency for the installation/construction of a
passive park to be utilized by residents of the Falcon Crest development.
Contingent upon approval of the resolution, staff requests the authorization to
include construction of the passive park in ComDyn's scope of work for the
development of the Falcon Crest.
Discussion:
On July 14, 2005, the Palm Desert Redevelopment Agency Board awarded a
contract to ComDyn PD, LLC for the development of affordable housing on the
20-acre site, currently known as Falcon Crest and the LaRocca Villas. At the time
of award, both the design of the homes and configurations of the lots comprising
the Falcon Crest Development were not able to be fully determined. Once this
process was complete and Tract Map 30795 adopted, it was discovered that
there was an ill -configured Lot 74. Approximately .20 acres, the lot is situated at
the end of a cul de sac and is unable to facilitate the placement of one of the four
types of Falcon Crest homes.
The Passive Park would serve the residents of Falcon Crest, being the only open
space within the development. The design includes a meandering pathway
flanked by a grassy knoll and and landscaping. The landscape, which is a
reflection of the overall landscape contained within the Falcon Crest
Development, has been designed with durability and aesthetic cohesion in mind.
The Redevelopment Agency contracted with RGA Landscape Architects to
provide design services for the landscaping of Lot 74; and the design has been
vetted through the Public Works Landscape Services Division.
G.\rda\Cathy WalkerMord Data\STAFF REPORTS\Lot 74.doc
Staff Report
Adoption of Resolution No544 and approval of Amendment No. 14 to Contract No.
R-23390 (ComDyn PD, LLC) — Falcon Crest
Page 3 of 3
October 25, 2007
Staff recommends the adoption of Resolution No. 544 and the subsequent
approval of the construction/inclusion of the Passive Park to be located on Lot 74
of the Falcon Crest development.
Submitted by:
Catherine Walker
Senior Management Analyst
mh
Approval:
A�
sti McCarthy,
ACM edevelopm4�,
Carlos ftLega
Executive Director
Department Head:
Dave Yrigoy
Director of edevelopment/Housing
6414
Paul S. Gibson, Director of Finance
BY RDA 0
ON 10 - a2n�- 0' 7
VERIFIED BY
Original on file with City Clerk's Office
G.\rda\Cathy Walker\Word Data\STAFF REPORTS\Lot 74.doc
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RESOLUTION NO. 544
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY
MAKING CERTAIN FINDINGS IN CONNECTION WITH PAYMENT BY
THE AGENCY FOR THE INSTALLATION AND CONSTRUCTION OF
ONSITE AND OFFSITE IMPROVEMENTS AT FALCON CREST
THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1 On July 14, 2005, the Agency entered into an agreement with ComDyn
PD, LLC for a development of 121 low and moderate income housing units, consisting of 94
single family houses, 27 senior villas, and onsite and offsite improvements. The first of three
phases in the development has been completed, and the second phase is 70 percent complete.
The onsite and offsite improvements in the development include streets, sidewalks, utilities,
storm drainage facilities and a passive park. The passive park will be located on a remnant
parcel of insufficient size for the construction of a housing unit. All of the onsite and offsite
improvements are part of the new construction of the 121 housing units for low or moderate
n-110311L0
Section 2. The streets, sidewalks, storm drainage facilities and passive park are all
located within the development. The passive park is within walking distance of all three phases
of the development - 29 of the single family units are less than 400 feet from the park, 30 of the
units are approximately 1000 feet from the park and 34 of the units are 1700 feet from the park.
The passive park is the only park or recreational facility within the development. The low and
moderate income persons in the development are directly benefited by the onsite and offsite
improvements, including the passive park.
Section 3. The Parks and Recreation Element of the City's General Plan notes that
parks can be considered either passive (parks meant for the enjoyment of sitting, picnicking and
hiking) or active (parks with sports fields, exercise equipment and playground areas). The Parks
and Recreation Element also notes that mini -parks or pocket parks are the smallest park
classification and are generally used to address limited or isolated recreational needs. They are
generally very popular in new housing developments, and are sometimes called "tot lots" or
"sitting parks". For this reason they are considered specialized facilities that serve a concentrated
or limited population, or specific group, such as very young children or seniors. Generally, mini -
parks are located inside a neighborhood, within or in close proximity to apartment complexes,
townhouse developments, senior housing or other development that requires recreational space.
The City does recognize that they can serve as an integral part of a well-rounded park system,
and will continue to take into account their importance in helping to meet the community's
recreational needs. All of the onsite and offsite improvements, including the passive park, are a
reasonable and fundamental component of the housing units in the subject development.
Section 4. Purchasers of the units at the subject development are required to sign the
Affordable Housing Restriction Lien Agreement as part of the purchase process. The Agreement
places covenants on the property that maintain affordability, restrict sales price, restrict the
P6402-000I\983213v 3.doc
buyer's annual income criteria to ensure low and moderate income residents as qualified buyers.
In addition, if the owner fails to occupy the property as the owner's sole and primary residence
for a period of 90 or more calendar days, cumulatively, in any calendar year, without the
Agency's Executive Director consent, then the owner will be in breach of the Agreement. All of
the units in the development will remain available at affordable housing cost to persons and
families of very low, low, low or moderate income, and will be occupied by these persons and
families, for the same time period and in the same manner as provided in subdivision (c) and
paragraph 2 of subdivision (f) of Section 33334.3 of the Health and Safety Code.
PASSED, APPROVED AND ADOPTED on day of
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairman
ATTEST:
Secretary
P6402-0001 ;9832130.doc 2
PALM DESERT REDEVELOPMENT AGENCY
PROFESSIONAL SERVICE AMENDMENT
Contract Purpose Develop affordable housing on 20 AC site
Consultant's Name ComDyn PD, LLC
Address: 2800 28th Street, Suite 206
Santa Monica, CA 90405
Contract # / P.O. # R23390
Amendment/ 14
Change Order No.
Contingency: YES I NO X
Account No. 870-4698-466-4001
Project No.
Vendor No. 1 8948
You are hereby requested to comply with the following changes from the contract plans and specifications:
DECREASE INCREASE
DESCRIPTION OF CHANGES In Contract Price In Contract Price
Add Passive Park at Falcon Crest 42,632.46
TOTALS: - 42,632.46
NET CHANGE IN CONTRACT PRICE: 42,632.46
JUSTIFICATION:
TOTAL BUDGET FOR PROJECT: + 29,502,334.76 CONTINGENCY:
Less: Expend. & Encumb. To Date: - 29,502,334.76 Amount Approved by Board: +
Less: This Change Order Amount: - 42,632.46 Less: Prior Amendment(s): -
BALANCE OF BUDGET Less: This Amendment: -
REMAINING FOR PROJECT: (42,632.46) Balance Remaining of Contingency: -
The amount of the Contract will be (sesfeased) Increased by the Sum of: Fortv-Two Thousand Six Hundred
Thirtv-two and 461100 Dollars ($42,632.46).
G.\rda\Mana Hunt\WPDATA\Staff ReportsWmend 14 ComDyn.doc See reverse ...
Contract R23390 Amendment No. 14 Continued from front
This Contract Amendment covers changes to the subject contract as described herein. The consultant shall perform
all work as necessary or required to complete the Contract Amendment items for a lump sum price agreed upon
between the Consultant and the Palm Desert Redevelopment Agency, otherwise referred to as Owner.
Contract Time Extension -0- Days.
Revised Contract Total 29,544,967.22 .
The undersigned Consultant approves the foregoing Contract Amendment # 14 as to the changes, if any, in the
contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to
the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said
Contract Amendment # 14 . The Consultant agrees to furnish all labor and materials and perform all other necessary
work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Contract
Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that the Contract Amendment shall be effective when approved by the Owner.
Execution of this Contract Amendment by the Consultant constitutes a binding accord and satisfaction that fully
satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity,
arising out of or related to the subject of the Contract Amendment, whether known or unknown, including but not
limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well
as any and all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
REQUESTED BY:
3. CERTIFIED
FUNDS AVAILABLE:
EXECUTIVE DIRECTOR
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Agency Board approval
2. ACCEPTED BY:
CONSULTANT
4. APPROVED BY:
RICHARD S. KELLY, CHAIRMAN
SECRETARY
10/25/07
Date Approved
10/25/07
Date Approved
G Vda\Mana HunIMPDAMStaN ReporWAmend 14 ComDyn doc See reverse