HomeMy WebLinkAboutA6663 - PALM SPRINGS MODERN HOMES DBA TWIN PALMS EL CAMINO LLC - REIMB AGR FOR TWIN PALMS DR RECONSTRUCTION REIMBURSEMENT AGREEMENT
Palm Springs Modern Homes
D.B.A. Twin Palms El Camino, LLC
P.O. Box 1587
Palm Springs, CA 92263
FOR VALUE RECEIVED, the undersigned City of Palm Springs, herein ("City"), hereby
promises to pay Palm Springs Modern Homes, D.B.A. Twin Palms El Camino, LLC,
herein ("Developer"), the sum of $21,731.00, to reimburse Developer for the cost to
construct certain public improvements in the City of Palm Springs. Specifically, the
work consists of the removal and reconstruction of a portion of E. Twin Palms Dr. from
the West side of S. Camino Real to the East side of S. Calle Palo Fiero extending from
the North curb line South a distance of eighteen feet. Said area of improvement
includes twelve feet of street width in which Developer has previously committed to
performing a two inch grind and asphalt concrete overlay of the existing pavement
surface and six feet of street width that was to be left undisturbed. Pavement limits are
generally indicated in the Attachment marked Exhibit "A".
In the interest of improving the full width of E. Twin Palms Dr., City agrees to
compensate Developer for pulverization in place, excavation, compaction and
placement of three inches of asphalt concrete along the full eighteen foot width of the
existing street paving. Developer agrees to contribute the proposed cost to complete
grind and overlay of twelve feet of the width and City agrees pay the difference for
reconstruction of the full eighteen foot width. Developer will complete the planned
widening of E. Twin Palms Dr. in accordance with the project conditions of approval and
approved plans for a completed pavement width of 32 feet.
The agreed amount of City compensation to Developer for approximately 10,473 square
feet of street paving including: pulverization of the existing roadway, Grading and export
of pulverized material as necessary, Compaction and placement of 3 inches asphalt
concrete, Including a credit for Developers required 2" grind/overlay, is $21,731.00.
Pulverize/grade/compact/3 in AC 3612 SF Agreed Price $12,468.01
Pulverize/grade/compact/3 in AC 6861 SF Agreed Price $9,263.00
(includes Developer Credit $2.10/SF)
Total $21,731.01
ORIGINAL BIU
AmWR AGREEMENT
a. Repayment by City: City shall pay the Developer in full the amount specified
upon completion of the work to the satisfaction of the City Engineer in
accordance with established City Standards and Standard Specifications for
Public Works Construction "Greenbook" 2015.
Developer currently plans to complete paving work in three phases for a total
square footage of approximately 18,060 square feet:
1. Base Paving of approximately 10,950 square feet
2. Base Paving of approximately 7,110 square feet
3. Final Cap of approximately 18,060 square feet
City agrees to pay Developer $7,243.67 at the completion of each phase.
Square footage has been estimated for the purpose of developing this
agreement. Actual area of pavement placement will not be utilized for payment
purposes. This is a Lump Sum/Agreed Price amount.
All work will be subject to the securities, permits and conditions of the adjacent project
b. Severability: The unenforceability of 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 respect, shall remain valid
and enforceable.
C. Modifications: Neither this Agreement nor any team hereof may be waived,
amended, discharged, modified, changed or terminated orally; nor shall any
waiver of any provisions hereof be effective except by an instrument in writing
signed by City and Developer. No delay or omission of the part of Developer in
exercising any right hereunder shall operate as a waiver of such right or on any
other right under this agreement.
d. No Waiver by Developer: No Waiver of any breach, default or failure of
conditions under the terms of this Agreement or the obligation secured thereby
shall be implied from any failure of the Developer to take, or any delay be implied
from any failure by the Developer in taking action with respect to such breach,
default or failure from any prior waiver of any similar or unrelated breach, default
or failure.
e. Governing Law: This agreement has been executed and delivered by City in the
State of California and is to be governed and construed in accordance with the
laws thereof.
IN WITNESS WHEREOF, Parties have executed this agreement as of the date and
year first above below.
"DEVELOPER"
TWIN PALMS EL AMINO LLC
Date: �\`� \�� B
1, f (Signature)
(Print Name) (title)
APPROVED BY CITY MANAGER
"CITY"
City of Palm Springs
Date:
David H. Ready
i City Manager
APPROVED A TO FORM ATTEST
Do glas C. Holland, James Thompson
City Attorney City Clerk
Attachments: Exhibit "A" pavement Limits
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