HomeMy WebLinkAbout5/7/2014 - STAFF REPORTS - 2.I. iy
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cq<"oRa,P City Council Staff Report
DATE: May 7, 2014 CONSENT CALENDAR
SUBJECT: REIMBURSMENT AGREEMENT FOR AMADO ROAD STREET
IMPROVEMENTS.
FROM: David H. Ready, City Manager
BY: Public Works & Engineering
SUMMARY:
Ratification of City Manager's approval of this Reimbursement Agreement will authorize
payment to SOL-PS, LLC for City portion of Amado Road Street Improvements.
RECOMMENDATION:
1. Ratify City Manager approval of Reimbursement Agreement with SOL-PS, LLC
for Amado Road Street Improvements in total sum of$31,966.56 and;
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Last year the City Council approved City Project 13-04, Citywide Asphalt Reconstruction
and Overlay. This project included the asphalt overlay of Amado Road east of Avenida
Caballeros. However, staff removed Amado Road from this project which was
completed in November 2013. The reason for this was the upcoming development of
SOL (Tract 36525) which has its main entrance off of Amado Road. Rather than pave
Amado, only to have the development construction damage it, staff held it out of the City
Project with the intent of having the development pave the street as they were
conditioned to. The development is re-constructing the entire North half of the street as
well as a portion of the south half due to construction of a waterline to serve them.
This leaves approximately an 18 ft. wide portion of the street that would be the City's
responsibility to pave. The developer has offered to complete all the paving at one time
ITEM NO.
City Council Staff Report
May 7, 2014-- Page 2
Reimbursement Agreement for Amado Road Street Improvements
provided the City reimburse them for the City portion. The cost of this reimbursement
was calculated, checked by City staff, and agreed with the developer to be $31,966.56.
The work was scheduled to start April 28, 2014 so in order to avoid a separate move-in
cost, the City Manager approved the Reimbursement Agreement subject to Council
Ratification.
FISCAL IMPACT:
Sufficient funds are available in Measure J account number 260-4493-50805.
Recommended by: Approved by:
David J. Barakian David H. Ready, nager
Director of Public Works/City Engineer
Attachments:
1 . Reimbursement Agreeement
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REIMBRUSEMENT AGREEMENT
SOL-PS, LLC
23 Corporate Plaza, Suite 100
Newport Beach, CA 92660
FOR VALUE RECEIVED, the undersigned City of Palm Springs, Herein ("City"), hereby
promises to pay SOL-PS, LLC, herein ("Developer"), the sum of Thirty One Thousand Nine
Hundred and sixty six Dollars and Fifty Six Cents ($31,966.56), to reimburse Developer for the
cost of constructing certain public improvements in the City of Palm Springs. Specifically, the
work consists of the removal and reconstruction of a portion of Amado Road extending 18 feet
South of Centerline and East of Avenida Caballeros 632 feet.
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/Director of Public
Works in accordance with established City Standards and Standard Specifications
for Public Works Construction "Greenbook" 2012.
b. 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.
c. 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 City
and Developer. No delay or omission on 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 condition
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.
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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 written.
"DEVELOPER"
SOL-PS, LLC
Date: By :
(name)
(Title)
"CITY"
City of Palm Springs
Date: By:
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Y
Douglas C. Holland, James Thompson,
City Attorney City Clerk
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