HomeMy WebLinkAbout4/11/2001 - STAFF REPORTS DATE: April 11, 2001
TO: Community Redevelopment Agency
FROM: Downtown Development Director
REIMBURSE CITY FOR COST OF LANDSCAPING IN FRANCES STEVENS PARK
RECOMMENDATION:
That the City amend the contract between the City of Palm Springs and artist David Morris
for the design and execution of the "Rainmaker" sculpture piece and water feature in
Frances Stevens Park, in the amount of$52,000; that the Agency reimburse the City for the
landscaping adjacent to "Rainmaker"; and, that this work be completed by the landscape
contractor under subcontract to David Morris, to City standards and according to
construction drawings supplied by the Community Redevelopment Agency.
SUMMARY:
The Community Redevelopment Agency has budgeted for the completion of the
landscaping in Frances Stevens Park surrounding the Rainmaker sculpture/water feature.
This work was to be performed upon completion of the Rainmaker project. The fountain
and adjacent sidewalk are now complete and the project is ready to be finalized with the
remaining landscape work.
BACKGROUND:
David Morris was selected by the Palm Springs City Council and Public Arts Commission
to execute the "Rainmaker' sculpture piece and water feature at the southwest corner of
Frances Stevens Park. This piece has been completed by Cement Unlimited under the
supervision of David Morris. However, the former park area adjacent to the piece has been
disturbed during the construction process for "Rainmaker' and new landscaping
improvements around the fountain need to be installed in order to return the park to a
completely functional and aesthetically attractive condition.
The Palm Springs Community Redevelopment Agency through the supervision of the
Downtown Development Coordinator selected and retained TKD Associates, Inc.to prepare
a phased master plan and design/construction documents for new site improvements in the
southern portion of Frances Stevens Park, incorporating the final design for "Rainmaker"
according to drawings for the piece as supplied by David Morris. The intent all along was
for the CRA to fund phased site improvements complementary to the sculpture/water
feature upon completion of the work by David Morris.
Funds for completion of the landscaping (account 811-8191-65139) were allocated for FY
2001/2002 in anticipation of a delayed fountain completion. With the fountain and adjacent
sidewalk now complete, a budget amendment appropriating these funds into the FY
2000/2001 budget will allow for final completion of this project at this time.
In order to expedite the return of this specific area of Frances Stevens Park adjacent to
"Rainmaker" to a safe and attractive condition immediately upon completion of the
sculpture/water feature, staff has requested David Morris and his subcontractor complete
the landscaping of this project according to the construction documents prepared for the
CRA by TKD Associates, Inc. The design/construction documents prepared by TKD
Associates, Inc. for these improvements have been reviewed by the City's Planning
Commission and Public Arts Commission.
This action approves the reimbursement by the Agency to the City for the expenditure of
funds for the project. Enclosed separately is an amendment to the contract between David
Morris and the City adding this task, for approval by the City Council.
Jerry A. Ogburn
Downtown Development Director
APPROVD ��s
Executive Director 1
Attachments:
1. CRA Resolution
2. CRA Budget Transfer
3. City Council Resolution
4. Contract Amendment
PROMISSORY NOTE
April_, 2001
Palm Springs, California
FOR VALUE RECEIVED, the undersigned ("Agency") hereby promises to
reimburse the CITY OF PALM SPRINGS, a public body, corporate and politic("City"), the
Contract Sum paid to DCM Studios, Ltd, of New York, New York, for the costs of
constructing certain landscape improvements in the City of Palm Springs in Frances
Stevens Park and on North Palm Canyon Drive, in the former North Palm Canyon
Redevelopment Project Area and awarded under Amendment No. 2 to City Agreement
No. 4085, in an amount not to exceed Fifty-Two Thousand Dollars ($52,000.00).
a. Repayment by Agency. Agency shall pay in full to the City the Contract
Sum paid by the City to the Contractor, plus the City costs of bidding,
inspection, and project administration, in lawful money of the United States,
no later than sixty(60) days after the Notice of Completion has been signed
by the City Engineer. No interest is due the City under this Agreement.
b. Prepayment. This Agreement sum may be prepaid in whole or in part at
any time without penalty, provided the payment is at least equal to the
Contract Sum plus the City costs incurred to that date, plus a contingency
of ten percent (10%) of the sum of the Contract Sum plus City costs.
C. Late Charge. Agency agrees that if it fails to make any payment provided
for herein more than ten (10) days after the due date thereof, Agency
hereby agrees to pay to City a late charge equal to five percent (5%) of any
payment which is not made within ten (10) days after the due date thereof,
not as a penalty, but for the purpose of defraying the expenses incident to
handling such delinquent payment. Such late charge represents the
reasonable estimate of a fair average compensation for the loss that may
be sustained by City due to the failure of Agency to make timely payments.
Such late charge shall be paid without prejudice to the right of City to
collect any other amount provided to be paid or to declare a default under
this Agreement. Such late charge shall be payable not later than thirty (30)
days after the due date of the delinquent payment.
d. Acceleration of Obligation. Upon the failure to make payment due under
this Agreement as and when the same becomes due and payable
(whether by extension, acceleration or otherwise), or any breach of any
other promise or obligation in this Agreement or in any other instrument
now or hereafter securing the indebtedness evidenced hereby, then, and in
any of such events, City may, at its option, declare this Agreement and the
entire indebtedness hereby evidenced, including, without limitation, all
accrued interest, to be immediately due and payable and collectible then or
thereafter as City may elect, regardless of the date of maturity, and notice
of the exercise of said option is hereby expressly waived by Agency.
e. Severability. The unenforceability or invalidity of any provision or
provisions of this Agreement as to any persons or circumstances shall not
render that provision or those provisions unenforceable or invalid as to any
other provisions or circumstances, and all provisions hereof, in all other
respects, shall remain valid and enforceable.
_i/
f. Modifications. Neither this Agreement nor any term hereof may be waived,
amended, discharged, modified, changed or terminated orally; nor shall
any waiver of any provision hereof be effective except by an instrument in
writing signed by Agency and City. No delay or omission on the part of City
in exercising any right hereunder shall operate as a waiver of such right or
of any other right under this Agreement.
g. No Waiver by City. No waiver of any breach, default or failure of condition
under the terms of this Agreement or the obligation secured thereby shall
be implied from any failure of the City to take, or any delay be implied from
any failure by the City in taking action with respect to such breach, default
or failure from any prior waiver of any similar or unrelated breach, default or
failure.
h. Governing Law. This Agreement has been executed and delivered by
Agency in the State of California and is to be governed and construed in
accordance with the laws thereof.
IN WITNESS WHEREOF, Agency has executed this Agreement as of the date
and year first above written.
"Agency"
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
a California municipal corporation
By:
Chairman
ATTEST:
Assistant Secretary
APPROVED AS TO FORM:
Agency Counsel
lAq
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
LANDSCAPE IMPROVEMENTS IN FRANCES STEVENS
PARK TO EFFECTUATE THE PURPOSES OF THE
REDEVELOPMENT PLAN IN THE NORTH PALM CANYON
PROJECT AREA (MERGED PROJECT AREA#1)
----- ---- --- --
WHEREAS constructing improvements on a General Plan Street is a Class 1 exemption from
CEQA, per Section 15301 of the California Code; and
WHEREAS the City and Redevelopment Agency encourage the improvement of property,
construction of new facilities, and retention of jobs within redevelopment areas; and
WHEREAS this development will benefit the project area by serving as a catalyst for future
developments in the former North Palm Canyon Redevelopment Project Area, and
WHEREAS the Agency desires to implement the Redevelopment Plan for the North Palm
Canyon Redevelopment Project Area, which, pursuant to Section 324, allows the Agency to
construct public improvements and enter into agreements with the City or other public
agencies to facilitate those improvements.
NOW THEREFORE, be it resolved by the Community Redevelopment Agency of the City of
Palm Springs, California, as follows:
SECTION 1. That landscape improvements in Frances Stevens Park, paid for as a capital
project of the Community Redevelopment Agency pursuant to Section 324 of
the Redevelopment Plan, are hereby approved.
SECTION 2. That it is appropriate for the Agency to fund improvements, such as those
identified in Section 1, which will benefit the community as a whole and
implement the Redevelopment Plan for that Project Area.
SECTION 3. That the Reimbursement Agreement between the Community
Redevelopment Agency and the City of Palm Springs for the costs of the
subject project is hereby approved.
ADOPTED this day of , 2001.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS,
CALIFORNIA
By
Assistant Secretary Chairman � a�
REVIEWED AND APPROVED:
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR THE 2000-01 FISCAL YEAR.
WHEREAS Resolution 1101 approving the budget for the fiscal year 2000-01 was adopted on
June 14, 2000; and
WHEREAS the Executive Director has recommended, and the Agency desires to approve, certain
amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-
fund cash transfers as required in accordance with this Resolution, and that Resolution 1101,
adopting the budget for the 2000-01 fiscal year is hereby amended as follows:
SECTION 1. ADDITIONS
FUND Activity Account Amount
No. 811 8191 65139 $52,000
Title:Merged Area#1 Frances Stevens
Art Academy
Purpose: To provide funds for payment for landscape improvements related to Frances
Stevens Park Fountain.
SECTION 2. SOURCE
FUND Activity Account Amount
No. 811 302 $52,000
Title:Merged Area#1 Fund balance
Adopted this day of 2001.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
a
By:
Assistant Secretary Chairman 1co
REVIEWED AND APPROVED AS TO FORM