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Home My WebLink AboutR28740 - Rvsd MOU w/County 4 Future Strm Wtr Rtntn Basin Svc (New Sherriff Stn)Contract No. R28740 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVE THE REVISED 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: SEPTEMBER 10, 2009 CONTENTS: MEMORANDUM OF UNDERSTANDING Recommendation: By Minute Motion, that the Agency Board: 1. Approve the Revised Memorandum of Understanding with the County of Riverside; and 2. Authorize the Chairman to execute the Memorandum of Understanding. Executive Summarv: On March 26, 2009, the Agency Board approved a Memorandum of Understanding (MOU) between the Redevelopment Agency and the County memorializing an arrangement 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. The proposed agreement represents the ratification of a solution to address storm water retention for the facility. Prior to the County Board of Supervisor's approval, Riverside County staff requested a monetary cap on the project. After review with the City's Public Works engineers, a $250,000 cap has been placed on the future project. The revised MOU reflects the new request. 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 G \rda\Justin McCarthy\staffrpts\Sheriff Station Revised MOU docx Staff Report Approve revised MOU with County of Riverside concerning participation in future storm water retention basin to service Sheriff Station Page 2 of 2 September 10, 2009 participate in the construction and maintenance of the future retention basin, on a pro- rata basis, to meet its additional retention requirement. With the revision to the MOU, the County's cost towards constructing the retention basin will not exceed $250,000. The County will bear the cost to connect to the future retention basin. 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 and has also calculated the cost of construction. Submitted: -�-- -#4� .d sin McCarthy AC Redeveloplent Approval: Jo M. %ohlmuth E e utive Director A BY RDA r ON 7 t�•d VERIFIED BY Original on file with City CleTk)a Office G.\rda\Justn McCarthylstaffrpts\Shenff Station Revised 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. 11. Recitals and Terms of the MOU A. The Palm Desert Redevelopment Agency quitclaimed 10.87 acres identified on "Exhibit All 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. G.\l3usCtr\Rut11 Ann Moore\vord data\Sheriffs Station\09-07 29 NIOU Palm Desert and Countp.doc 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 following formula, but shall not exceed $250,000: 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 Volume/Total Basin Volume • The County will pay the entire cost, including design and construction, 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: G \Bu.Ctr\Ruth Ann Moore\cord data\Sheriffs Station\09-07-29 MOU palm Desert and County.doe Contract No. R28740 If to County of Riverside: County of Riverside Economic Development Agency Assistant County Executive Officer/EDA Rob Field 3403 101h Street, suite 300 Riverside, CA 92501 Telephone: (951) 955-4860 Facsimile: (951) 955-9289 If to Palm Desert Redevelopment Mencv: 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 the 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. G \BUSCtr\Ruth Ann Munre\word data\Sheriffs Station\09-07 29 MOU Palm Desert and County,doc 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 Its: PALM DESERT REDEVELOPMENT AGENCY By: Robert A. Spiegel Its: Chairman G?@mCtr\Rulh Ann data\Sheriffs Station\09-07-39 MOU Palm Desert and County.doe