Loading...
HomeMy WebLinkAboutSR - MOU - County of Riv - Future Storm Water Retentn BasinContract No. R28740 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVE THE MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF RIVERSIDE CONCERNING PARTICIPATION IN A FUTURE STORM WATER RETENTION BASIN TO SERVICE THE PALM DESERT SHERIFF STATION SUBMITTED BY: JUSTIN MCCARTHY, ACM REDEVELOPMENT DATE: MARCH 26, 2009 CONTENTS: MEMORANDUM OF UNDERSTANDING Recommendation: By Minute Motion, that the Agency Board: 1. Approve the Memorandum of Understanding with the County of Riverside; and 2. Authorize the Chairman to execute the Memorandum of Understanding. Executive Summarv: The Redevelopment Agency has authorized the commencement of construction of the Palm Desert Sheriff Station. The proposed agreement represents the ratification of a solution to address storm water retention for the facility. The Memorandum of Understanding memorializes an arrangement between the Redevelopment Agency and the County of Riverside whereby the County will participate in a retention basin to be constructed by the Agency in the future on its property adjacent to the Palm Desert Sheriff Station currently under construction. Discussion: The Sheriff Station's design program provides retention capacity for a ten-year storm; while the area requires storm water retention be designed to meet a one -hundred (100) year storm requirement. The ten (10) acre Sheriff Station site represents seven percent (7%) of the total one hundred forty (140) acre site. The Agency will be required to provide storm water retention for the balance of the site when developed. It was determined that it would be more efficient and cost effective to have the County participate in the construction and maintenance of the future retention basin, on a pro- rata basis, to meet its additional retention requirement. The County will bear the cost to connect to the future retention basin. G1rda\Justin McCarthy\staffrpts\Sheriff Station MOU.docx Staff Report Approve MOU with County of Riverside concerning participation in future storm water retention basin to service Sheriff Station Page 2 of 2 March 26, 2009 A more definitive agreement will be prepared for approval when actual capital costs have been determined. Public Works has reviewed the MOU and considers the arrangement a workable solution to meet the storm water retention requirement. Submitted: \Vi . c us in McCarthy AC Redevelopm nt n M. Wohlmuth cutive Director r�Z BY RDA �- 0N /J)Cq 1 Cl ) 9 &, " A6)'� VERIFIED BY Kt!)K- //PCM- Original on file with City Perk Is Office G.\rda\Justin McCarthy\staffrpts\Shenff Station MOU.docx Contract No. R28740 MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF RIVERSIDE AND THE PALM DESERT REDEVELOPMENT AGENCY CONCERNING A FUTURE STORM WATER RETENTION BASIN TO SERVICE THE PALM DESERT SHERIFF STATION This Memorandum of Understanding Regarding Construction of a Storm Water Retention Basin to service The Palm Desert Sheriff Station and future development of adjacent property owned by The Palm Desert Redevelopment Agency is made by and between The Palm Desert Redevelopment Agency and the County of Riverside as of the Effective Date provided below. I. Obiective of The MOU To outline an Agreement between the above parties to share costs for the construction of a Storm Water Retention Basin on property owned by The Palm Desert Redevelopment Agency adjacent to the County of Riverside's project named Palm Desert Sheriff Station located on Gerald Ford Drive and Shadow Ridge Road. Il. Recitals and Terms of the MOU A. The Palm Desert Redevelopment Agency Quit Claimed 10.87 acres identified on "Exhibit A" to the County of Riverside for the County's use to construct and maintain a Sheriff Station within the City limits of Palm Desert. B. City of Palm Desert standards require that the facility be designed to retain storm drain water for a 100 year flood event. Given the Sheriff Station's design program, limited site size and site percolation characteristics, the site can be designed to retain the volume of storm water runoff generated by a 10 year flood event, but not a 100 year flood event. C. The Palm Desert Redevelopment Agency intends to construct a storm water retention basin on property the Agency owns adjacent to the Sheriff Station site. The Agency will allow the Sheriff Station to deposit storm water run-off in excess of the Sheriff station's 10 year design volume into this Retention Basin. D. The Agency has approved the Sheriff Station grading plans which include a 10 year flood design provided the County of Riverside participate in cost sharing of the retention basin as outlined below: • The land designated for the retention basin is owned by the Palm Desert Redevelopment Agency and the County will not be required to pay for a proportional share of the land the retention basin rests upon. . Contract No. R28740 • The County will pay for the portion of the proposed retention basin necessary to accommodate the volume of water equal to the difference between the Sheriff Station Site's 100 year flood storm water design volume less the 10 year storm water design volume. The County will pay for proportional cost of environmental, design, engineering and construction costs related to the development of the basin only (not adjacent land development), and its proportionate share of the maintenance costs for the retention basin. • The County's Share of retention basin cost will be determined by the formula: County Share = County Volume/Total Basin Volume • The Agency's Share of retention basin cost will be determined by the formula: Agency's Share = Agency's Development Tributary Vol./Total Basin Volume • The County will pay the entire cost to connect the Storm Water Retention System of the Sheriff Station into the future Retention Basin. E. Definitive Agreement; Promptly after full approval of this MOU, the parties shall expeditiously negotiate and prepare a Definitive Agreement necessary to implement the terms of the MOU. F. Additional Provisions; 1. The effective date of this MOU shall be the date on which the last party signs the MOU. 2. Promptly after the effective date of the MOU, the parties shall diligently prepare and negotiate the Definitive Agreement(s). 3. Approval of this MOU shall not constitute final approval of actual capital improvements herein. 4. This MOU may be modified only by a writing signed by the parties hereto. 5. All notices provided by this agreement shall be in writing and shall be sent by first-class mail and facsimile transmission as follows: Contract No. R28740 If to Countv of Riverside: Riverside County Facilities Management Director of Facilities Management Rob Field 3133 Mission Inn Avenue Riverside, CA 92507 Telephone: (951) 955-4850 Facsimile: (951) 955-4890 If to Palm Desert Redevelopment A2encv: Palm Desert Redevelopment Agency 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: John M. Wohlmuth, Executive Director Telephone: (760) 346-0611 Facsimile: (760) 340-0574 6. No party hereto shall assign any rights or delegate any duties hereunder without the prior written consent of the other party. Notwithstanding the foregoing, the Palm Desert Redevelopment Agency may assign MOU to the City of Palm Desert without prior approval. This MOU shall be binding on and inure to the benefit of the successors and permitted assigns of the parties. 7. This MOU shall be governed by and interpreted in accordance with the laws of the State of California. The parties agree that the exclusive venue for any action or proceeding arising from this MOU shall be in the County of Riverside, State of California. 8. Each person signing this MOU represents that he or she has the authority to do so on behalf of the party for whom he or she is signing. Contract No. R28740 IN WITNESS WHEREOF, the parties have caused this MOU to be executed the day and year first above written. COUNTY OF RIVERSIDE By: Its: PALM DESERT REDEVELOPMENT AGENCY Robert A. Spiegel Its: Chairman