Loading...
HomeMy WebLinkAboutA5099 - HOUSING AUTHORITY COUNTY OF RIVERSIDE PUBLIC IMPROVEMENT REIMBURSEMENT AGR VISTA SUNRISE APARTMENTS LP i ^ 4b County of Riverside Reimbursement. Agr. Offsite Improvements AGREEMENT #5099 Res, 1281, 5-18-05 PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT By and Between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, THE CITY OF PALM SPRINGS, THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE and VISTA SUNRISE APARTMENTS,L.P. , �. ��,I ?, Gi;yl�iu9�v� n f 01003/0013/38846.04 PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT 9� THIS PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT is dated as of f3�(� by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE ICTY OF PALM SPRINGS, a public body, corporate and politic(the "Agency"), THE CITY OF :PALM SPRINGS, a chartered municipal corporation organized and existing under the laws of the State of California (the "City"), THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, existing pursuant to Health and Safety Code § 34200 et. seq. (the "Housing Authority ) and VISTA SUNRISE APARTMENTS, L.P., a California limited partnershipthe "Developer"). RECITALS WHEREAS, Developer and the Agency entered into that certain Restated and Amended Disposition and Development Agreement (the "RADDA") dated g1/311a5— , which provides Agency financial assistance and property for affordable housing uni s for the project as described in the RADDA("Project"); and WHEREAS, the Housing Authority entered into a long-term lease agreement with the Desert Health Care District with respect to that certain real property described on the Exhibit "'A" attached hereto (the "District Property"), which lease also included an option in favor of the Housing Authority to purchase the District Property; and WHEREAS, the Housing Authority has or intends to exercise its option to purchase the District Property and upon doing so, and the Housing Authority intends to sell a portion of the District Property to Developer for the Project, and Housing Authority will develop the remainder of the District Property with a health care facility; and WHEREAS, the Project was originally approved by the City, pursuant to its planning requirements, as part of a larger project which included a health care facility and the design for the site plan included the offsite public improvement requirements described in Exhibit 'B" (the ".Improvements") which were necessitated by and benefited both the affordable housing and the health care facility components of the overall project; and WHEREAS, the RADDA contemplated that One Hundred Twenty-Five Thousand Dollars ($125,000) of the Agency financial assistance to the Developer would be held as a Public Improvement Reserve which would be used to construct the Improvements; and WHEREAS, the additional One Hundred Twenty-Five Thousand Dollars ($125,000) needed to complete the Improvements is agreed by all parties to be the responsibility of the health care facility portion of the project, and the Housing Authority, as the Lessee of the long- term lease for that parcel, will receive the benefit of its share of the Improvements, but will not contribute its share of the costs for the Improvements until such time as the health care facility is to be constructed; and and WHEREAS, the City has agreed to construct the Improvements as a public works project; 01003/0013/38846,04 WHEREAS, the Agency and the City have agreed that while the Developer's responsibility for the housing Project includes one half of the cost of the Improvements which was to be provided as part of the Agency assistance to the Developer's Project in the RADDA, due to the proposed transfer of responsibility for construction of the Improvements to the City, the funds allocated by the Agency to reimburse the Developer shall be paid directly to the City with the exception of the reimbursement to Developer for the plans already obtained. Therefore, the Developer shall deliver to the City the civil engineering design plans prepared by DMC Design Group (the "Plans") for the Improvements and the Agency shall use all of the funds remaining in the Public Improvement Reserve of the RADDA after reimbursement to the Developer for the costs incurred by the Developer in connection with the Plans to pay for the Housing Project's portion of the Improvements; and WHEREAS, the Agency has agreed to advance the Housing Authority's portion of the costs of the Improvements in order to allow the Improvements to be constructed by the City in a timely fashion for the Project; and WHEREAS, pursuant to Health and Safety Code Section 33445, the Agency and the City have determined that the Agency funds being advanced for the Improvements are of benefit to the project area in which the Improvements are located, that no other reasonable means of financing the Improvements are available until the Housing Authority reimburses the Agency for the Housing Authority's portion of the costs of the Improvements, and that the construction of the Improvements will assist in eliminating a blighting condition and allow the affordable housing unit project to proceed. NOW THEREFORE, in consideration of the foregoing findings and facts and the mutual agreements and covenants set forth hereafter, the parties hereto agree as follows: 1. Developer Responsibility. Developer shall provide the Plans to the City, and the City will bid the construction of the Improvements as a public works project according to the City's standard procedure. The City will construct the Improvements provided that the Developer permits the City to use all of the funds provided by the Agency remaining in the Public Improvement Reserve after reimbursement to the Developer for the costs incurred by the Developer in connection with the Plans. 2. Agency Fund Advancement. Agency shall provide the upfront funding for the actual construction costs incurred by the City for the Housing Authority's portion of the Improvements which are estimated to be One Hundred Twenty-Five Thousand Dollars ($125,000). 3. Housing Authority Reimbursement. Provided the Housing Authority does, in fact, acquire the District Property and thereafter sell a portion of said District Property to Developer for the Project, then the Housing Authority shall reimburse the Agency for one half of the costs of the construction of the Improvements, but in any event not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000) at the later of(i) the completion of the construction of the Improvements, or (ii) the initiation of construction for the health care facility (either grading or building permit issuance). 2 0 10 03/0013/3 884 6.04 4. Construction of the Improvements by the City. The City shall commence construction of the Improvements concurrent with the Developer's commencement of construction of the Project. In the event that the construction of the Improvements has not been completed by the date that the Project is completed, the Agency and the City agree to assist the Developer in obtaining a certificate of occupancy for the Project. 5. Attorneys Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, the prevailing party in such action shall be entitled, to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding, in addition to its recoverable court costs. 6. Notices. Any notice which either party may desire to give to the other party or to the Escrow Holder must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate: To Developer: Vista Sunrise Apartments, L.P. c/o McCormack Baron Salazar 801 S. Grand Avenue, Suite 780 Los Angeles, CA 90017-4635 Attn: General Partner Copy to: Bingham McCutchen LLP 355 S. Grand Ave., Suite 4400 Los Angeles, CA 90071 Attn: Lance Bocarsly,Esq. To Agency: The Community Redevelopment Agency of the City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92263 Attn: Executive Director To City: The City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92263 Attn: City Manager To: Housing Authority The Housing Authority of the County of Riverside Attn: 3 01003/0013/38846.04 Copy To: Emily Perri Hemphill,Esq. Ealy,Hemphill,Blasdel, & Oleson,LLP 777 E. Tahquitz Canyon Way Suite 328 Palm Springs, California 92262 7. Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so &Ictates. 8. No Waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other parry hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either parry hereto of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements,restrictions or conditions hereof. 9. Modifications. Any alteration, change or modification of or to this Agreement, 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. 10. Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. [END- SIGNATURE PAGE FOLLOWS] 4 010 0 3/001 3/3 884 6.04 TN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized representatives, all as of the date first above written. THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS Executive Director ATTEST: 7 mes Thompson, Agencyl Secretary J ens; 0/4 PROVED By: takM ' Agency Special ounsel CITY OF PALM SPRINGS David Ready, City Mana' ATTEST: � APPROVED BY CITY COUNCIL Ps Thompson, City Cler A�PPROVED AS TO FORM: By: tVQ u-�J'C� 4 IAlC� i Agency Special Council t FORM APPROVED THE HOUSING AUTHORITY OF THE COUNTY COUNSEL COUNTY OF RIVERSIDE SEP 0 2 2005 By: (Q✓'t�-.2, 3 � Bye Authorize Representative Marion Ashley COUNTY COUNSEL VISTA SUDTRISE APARTMENTS,L.P. Aut rrized Represe" ive // ATT ST- ,/'--), NAl O'Idrk 01003/0013/38846.04 EXHIBIT"A" (DISTRICT PARCEL) 1 01003/0013/38846.04 twis NAP /S FOR r.Aa, noa NI111VE114SEC11 T4S R4 Ofl-O6D � E. ASSESSMENT PUA'roSEs ONLY 50,11 VISTA T' --I•r_�S� I 1�CID _ r tv f (ry XWT — 4 1 \ n•.r.• ar CNIQ .P06D � DATA A5 919$-A17U236-J2 ] P.IS 1717 11 P.A!.185/42--43 Parcel A* a 27976 ,gn��yps raav 5r5y IGIo�� `"� RNFRS'DE CIXlNlY, CFLIF crr'�see EXHIBIT "B" (VISTA CHINO AND SUNRISE IMPROVEMENTS) ENGINEERING PER THE CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 -Restricting Street Work on Major and Secondary Thoroughfares. 2. Obtain State permits and approval of plans for all work done on State Highway 111 (EAST VISTA CHINO ROAD). A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. Work shall be coordinated with the Engineering Department pertaining to City of Palm Springs Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc, required by these conditions. NORTH SUNRISE WAY 4. Construct minimum 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 5. All broken or off grade CURB, GUTTER, SIDEWALK, CURB RAMPS, SOUTH DRIVEWAY APPROACH, CROSS GUTTER, SPANDREL AND AC PAVEMENT I be repaired or replaced. EAST VISTA CHINO ROAD 6. Remove the existing 8 inch curb and gutter located 32 feet SOUTH of centerline and at the roadway taper east of the bus turnout and replace with 8 inch curb and gutter located 1 01003/0013/38846.04 43 feet SOUTH of centerline along the entire frontage east of the bus turnout, with a 35 foot radius curb return and spandrel at the SOUTHWEST corner of the intersection of EAST VISTA CHINO ROAD and NORTH SUNRISE WAY per City of Palm Springs Standard Drawing No. 200 and 206. 7'. Remove the existing cross gutter and construct the WEST half of an 8 feet wide cross gutter at the southwest corner of the intersection of EAST VISTA CHINO ROAD and NORTH SUNRISE WAY with a flow line parallel with and 43 feet SOUTH of the centerline of EAST VISTA CHINO ROAD in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. Remove the existing catch basin at the southwest corner of the intersection of EAST VISTA CHINO ROAD and NORTH SUNRISE WAY and reconstruct 43 feet SOUTH of the centerline of EAST VISTA CHINO ROAD. 9. The existing driveway approach located west of the southwest corner of the intersection of East Vista Chino Road and North Sunrise Way shall be removed and closed off to eliminate vehicular access onto East Vista Chino Road. 10, Remove the existing 8 feet wide sidewalk and construct a 12 feet wide combination sidewalk and bicycle path adjacent to the curb along the entire frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. 11. All broken or off grade CURB, GUTTER, DRIVEWAY APPROACHES, CROSS GUTTER, SPANDREL, BUS TURNOUT, AND AC PAVEMENT shall be repaired or replaced. 2 01003/0013/38W5.04 RIVERSIDE COUNTY 11 October 2005 4 Mr. John Raymond City of Palm Sprgins 3200 East Tahquitz Canyon Way EDA Palm Springs, CA 92.263 ECONOMIC DEVELOPMENT A c E N C r RE: AGREEMENT Dear Mr. Raymond: Economic & Community Enclosed are copies of originally executed agreements relative to the Vista Sunrise Development Apartment project. Thank you for your attention to this matter. Should you have any questions please ❑ contact me at 951.343.5473. Housing i erely, millomirez Deputy Director Redevelopment Agency Workforce Development Edward-Dean Museum & Gardens Aviation County Fair& National Date Festival 5555 Arlington Avenue, Riverside, CA 92504 []Telephone 951.343.5473 ❑Facsimile 951.352.4852 d "' CONTRACT ABSTRACT Contract L Company Name: County of Riverside EDA Company Contact: Emilio Ramirez Summary of Services: Reimbursement Agreement for Offsite Improvements Contract Price: Funding Source: $250,000/$125,000 reimbursed Low/Mod Housing Contract Term: N/A Contract Administration Lead Department: Community& Economic Development Contract Administrator: John Raymond Contract Approvals Council/Community Redevelopment 5/18/05 5 '6 Agency Approval Date: CI1) Minute Order/ Resolution Number: Agreement No: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Dawn Honeywell Submitted on: By: