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HomeMy WebLinkAbout7/8/1999 - STAFF REPORTS (3) 1 1 • • Date: May 5, 1999 To: City Council From: Director of Planning&Building MEMORANDUM OF UNDERSTANDING REGARDING BELARDO ROAD BRIDGE RECOMMENDATION: That the City Council adopt the attached Minute Order approving a Memorandum ofUnderstanding (MOU)regarding the Belardo Road Bridge by and between the Tribal Council and City Council. A copy of the MOU is attached. BACKGROUND: The City Council and Tribal Council have been discussing the feasibility ofconshucting the Belardo Road Bridge and missing portions of Belardo Road for a number of years. During these discussions the actual methods of funding bridge construction, rights-of-way acquisition and roadway construction have not been identified and resolved. The purpose of this MOU is to further define these issues. In 1998 the City entered into a Memorandum of Agreement(MOA)with the National Park Service, the State Historic Preservation Officer, the State, Riverside County Flood Control and Water Conservation District(RCFCWCD),Bureau of Indian Affairs and Tribal Council for the purpose of constructing the Tahquitz Flood Control Project. Previously,in 1987,the RCFCWCD,the Tribe slid the City entered into an agreement which provided for the development of the Tahquitz Regional Park, flood control facilities, interpretive center, Belardo Road Bridge and associated roadway. The flood control facilities are constructed and the City's obligations regarding the Tahquitz Interpretive Center(currently referred to as Visitors Center) have been completed. These include a preliminary design study for the interpretive center and a payment to the Tribe. See related staff report for additional background regarding the Tahquitz Canyon Visitors Center. The MOA contained certain assumptions regarding construction of the Belardo Road Bridge which have changed over the years. Funding opportunities,such as regional and transportation funds and assessment district funding, may not be feasible today, and the City and Tribe are seeking alternative financing. Due to the uncertainty of funding sources, constructing the bridge by June 30, 2002 is in question. The attached MOU, Sections 3.0, 4.0, 5.0 and 6.0,oudine revised obligations,conditions and financing strategies. Currently,the City and Tribe are preparing a grant application to design and construct the improvements covered by this agreement. A copy of a original MOA and the proposed MOU are attached. D A EVAN irector ofPla uilding City MdAager ' Attachments: 19 1 Original Memorandum of Agreement 2• Proposed Memorandum of Understanding 3. Minute Order (. /5 :;' MEMORANDUM OF UNDERSTANDING REGARDING BELARDO ROAD BRIDGE THIS MEMORANDUM OF UNDERSTANDING REGARDING BELARDO ROAD BRIDGE ("MOU") is entered into this _ day of , 1999, by and between the AGUA CALIENTE BAND OF CAHUH-LA INDIANS acting through its Tribal Council ("Tribe"), a Federally-recognized Tribe, and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council ("City"), a municipal corporation. This Agreement is made with reference to the following: RLLiIALS A. On or about June 17, 1987, August 17, 1987, and March 3, 1987, the City and the Tribe, among others, entered into a series of agreements that provided for the development of a portion of Tahquitz Regional Park for flood control structures and the construction of an interpretive center. These agreements are referred to collectively herein as the "Agreement." The Agreement provides, in part, for the following obligations of the City and the Tribe with respect to each other: • City's transfer of certain real property located in the Tahquitz Regional Park ("Property") to the United States of America in trust for the Tribe, a portion of which shall be used by the Tribe for a storage, curatorial and interpretive center ("Interpretive Center"); • City's payment to the Tribe of$170,000 for construction and design costs for the Interpretive Center, and the Tribe's design and construction thereof; • City's construction of a bridge at Belardo Road crossing Tahquitz Creek("Belardo Bridge"), and certain street improvements for the extension of Belardo Road from Mesquite Avenue to Sunny Dunes Road ("Belardo Road Extension"); and • City's obtaining, at no cost to City, all necessary right-of-way easements required for the construction and maintenance of the Belardo Road Extension ("Road Easement") and the Belardo Bridge ("Bridge Easement"). B. The City and Tribe herein acknowledge that each party has performed in good faith under the Agreement, and that neither party is in default of the Agreement with respect to the other party, although some of the foregoing obligations have not been completed. C. Subsequent to entering the Agreement, the City and Tribe discovered that the methods in the Agreement for funding the Belardo Bridge and Belardo Road Extension were not feasible. The City and Tribe, therefore, agree that construction of the Belardo Road Extension and the Belardo Bridge should be accomplished, if at all,through alternative financing means such as grant funding. 58M14084002?/324$W 3 m002&" -I- EELARDO ROAD aRIDOE MOU 9SaB8���13T 1.0 RBCITAIS INCORPORATED The above Recitals are true and correct and are incorporated herein by this reference. 2.0 PURPOSE OF MOU. This MOU is intended to modify and supersede, as between the City and the Tribe, the parties' obligations with respect to each other under the Agreement, and to effectuate the patties' intent to proceed with the development of the Interpretive Center, acquisition and transfer of the Road Easement and Bridge Basement, construction of the Belardo Road Extension, and construction of the Belardo Bridge, under the terms and conditions contained herein. 3.0 CONDITIONS TO C1TY'S OBLIGATIONS. City's obligation to proceed with the design and construction of the Belardo Road Extension and the Belardo Bridge is subject to the following conditions precedent: 3.1 That City obtains the Road Basement and Bridge Easement at no cost to City, without any lien or encumbrance which may prevent their use as a street right-of-way encompassing the Belardo Road Extension and the Belardo Bridge. The City and the Tribe shall work together to obtain the Road Easement and Bridge Basement for the City. 3.2 That City and/or Tribe receive sufficient funds to folly finance the design and construction of the Belardo Road Extension and the Belardo Bridge, as set forth in Section 6.0 below. In no event shall City be obligated to use any City funds, including but not limited to funds from City's General Fund or from City's Redevelopment Agency, to pay for such construction. 3.3 That Tribe has entered a contract to construct the Interpretive Center. 3.4 That City is able to proceed with the construction of both the Belardo Road Extension and the Belardo Bridge as set forth in this Section. 4.0 CONDMON TO TRIBE'S OBUGAUONS. Tribe's obligation to assist with the City's acquisition of the Road Easement and Bridge Basement is subject to the condition that the City transfer the Property to the United States of America, in trust for the Tribe. 5.0 PARTIES'PMFORMANCE EXCUSED UPON EALLUE OF CONDITIONS. Should any of the conditions precedent to the City's or Tribe's obligations fail to be satisfied or expressly waived by the times set forth in Section 7.0, both parties shall be excused from performing any and all of their respective obligations contained herein,notwithstanding anything to the contrary in this MOU or in the Agreement. 1443 SUMI OWOM137A89M.3 w0ft 99 -2- BBLARDO ROAD BRIDOB AM 6.0 FINANCING OF CONSTTtUCTiON. 6.1 Financing Plan and Congmsfoe Budget. City and Tribe agree to work cooperatively to devise a financing plan and a budget that will establish a baseline level of financing required to My pay for the construction of the Belardo Road Extension and the Belardo Bridge. 6.2 No City Funds. The City's construction of the Belardo Road Extension and the Belardo Bridge shall not be financed with City funds, including but not limited to funds from the City's General Fund or from the City's Redevelopment Agency. The parties agrce that construction of the Belardo Road Extension and the Belardo Bridge shall be financed, if at all, by funds obtained from sources outside the City and the Tribe, including but not limited to grant funds and assessment district financing. 6.3 AMB alka for Grant Funds. City and Tube agree to apply to government agencies, as each party may deem necessary, for grant funds sufficient to finance the full cost of constructing the Belatdo Road Extension sad Belardo Bridge. Each party shall support and cooperate with the other party as reasonably necessary in their application for grant fiords. 6.4 Assessment District Financing. City and Tribe agree to cooperate in investigating the feasibility of assessment district financing for the construction of the Belardo Road Extension and Belardo Bridge. However, assessment district financing shall not be implemented unless such financing is secured by the fee interest of the assessed Tnbal or allottee land, or by other security provided by the Tube and approved by the City in its sole and absolute discretion. The purpose of this provisioq is to fulfill the intent of the Agreement that the City not be financially liable for the bridge, including for any workout, in the event of a failed assessment district. 6.5 Failure to Obtain Financing. 6.5.1 Should City and/or Tribe be unable to obtain sufficient outside binds to finance the full cost of constructing both the Belardo Road Extension and the Belardo Bridge, along with contingencies, prior to the time set forth in Section 7.2, then City shall be excused from its obligations to perform such construction pursuant to Section 5.0 above. 6.5.2 Prior to the commencement of construction, any grant funds received by City and/or Tribe which prove insufficient to finance the full cost of constructing both the Belardo Road Extension and Behado Bridge may be returned to the appropriate government agency without any further obligation by City to perform any such construction. 7.0 SCHEDULE OF PERFORMANCE 7.1 rmud'ng Plan and Construction Budget. The parties shall attempt to complete the financing plan and construction budget no later than five (5) years after the effective date of this MOU. Rev MOM-OW/32 sea -3- BELAWo ROAD MOM MOU 7.2 Construction Finan a. The parties agree to use their best efforts and work cooperatively to obtain adequate outside financing for the full cost of constructing both the Belardo Road Extension and the Belardo Bridge within five years of the date hereof. If despite the parties' best efforts the parties have not obtained sufficient funds to meet the financing plan and construction budget within that five years, then the parties' obligations shall be tolled for up to five additional years at which time the parties' obligations shall be excused under this MOU pursuant to Section 5.0 above. 7.3 CCi y's Construction of the Belardo Road Extension and Belardo Bridge. City shall commence construction of the Belardo Road Extension and the Belardo Bridge, if at all, within eighteen (18) months following the later of., (a) City obtaining the Road Easement and Bridge Basement•, or (b) City and/or Tribe securing adequate financing based on the approved construction budget. City shall complete construction of the Belardo Road Extension and the Belardo Bridge within eighteen (18) months after commencing construction. 8.0 TERMS OF MOU CONTROL. The terms of this MOU supersede and modify the terms of the Agreement as between the City and the Tribe. To the extent any provision in the Agreement is inconsistent with any provision set forth in this MOU, the provisions in this MOU shall control. 9.0 IUSCELL.ANHUUS, 9.1 Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this MOU. 9.2 Modifications, Any alteration,change or modification of or to this MOU, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 9.3 Ma= of Prior Aamnenca and Undeastandinga, This MOU, the Agreement, and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements,utderstandiags, rWresentations, and statements, oral or written, are merged herein and shall be of no further force or effect. 9.4 Full Force and Effect. Except as specifically provided in this MOU, all terms and conditions in the Agreement shall remain unmodified and have full force and effect. 9.5 AVMW. This MOU shall be approved by Resolutions of the Tribal Council and the City Council. [SIGNATURE PAGE Fou-ows] 10 a M14014-Mn .3 WAVAM -4- emwsno ROAD anmaerrou , 1P4 IN WITNESS WIBRBOF the City and Tribe have executed this MOU as of the date first written above. "CM" CITY OF PALM SPRINGS, CALIFORNIA, a municipal oorporation Mayor Attest: City Clerk Approved as to Form: City Attorney TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUlLLA INDIANS, a Federally-recognized tribe Richard Mfianovich, Chairman Approved as to Form: Tribal Counsel (END OF SIONATUMS) 3=0140M. 2 B244M 3 so1 AM -5- BE AReo Rowe RRmae hWU MINUTE ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING THE BELARDO ROAD BRIDGE. I hereby certify that this Minute Order approving the Memorandum of Understanding regarding Belardo Road Bridge is hereby approved by the City Council ofthe City ofpalm Springs,California, in a meeting thereof held on the fifth day of May, 1999. By City clerk �_ f