HomeMy WebLinkAbout5/4/2005 - STAFF REPORTS (15) CITY COUNCIL MAY 4, 2005
CONSENT CALENDAR
Subject: APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY FOR
REAL PROPERTY SERVICES FOR INDIAN/I-10 INTERCHANGE
From: David H. Ready, City Manager
Initiated by: Director of Public Works/City Engineer
SUMMARY:
This agreement would authorize the County of Riverside to serve as the Right-of-
Way Agent forthe City of Palm Springs, for the Indian/1-10 Interchange Project, City
Project #00-14.
RECOMMENDATION:
1. Approve Minute Order No. approving Agreement No. with
the County of Riverside in an amount not to exceed $199,800 for real
property services for the Indian/1-10 Interchange. City Project#00-14.
2. Authorize the City Manager to execute all necessary documents.
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STAFF ANALYSIS:
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On December 6, 2000, Council approved the Master Reimbursement Agreement
with Coachella Valley Association of Governments "CVAG for the Indian/1-10
j Interchange and CVAG designated Palm Springs as the lead agency for the project.
On May 1, 2002, City Council approved an amendment to said agreement(A#4317)
j that allocated $15,300,000 for construction and right-of-way for said interchange.
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CVAG has been advancing monies to date for environmental and engineering work
j for this project. Ultimately, under the terms of the agreement, the City is
responsible for 50.5% of the 25% Local Share for this project. Regional Measure
jA Funds pay for 75% of this project. Caltrans requirements for freeway projects,
are that right-of-way services be provided by a firm or agency authorized by
j Caltrans to perform right-of-way engineering on freeway projects. While the City
is not an authorized right-of-way agency, the County of Riverside is, and it is
proposed they act for us in this capacity for this interchange. The County is one of
the agencies involved in this project, as the northeast quadrant of the interchange
is in unincorporated County territory. Aleshire & Wynder, the City Attorney had
previously reviewed and approved the format of this agreement with the County of
Riverside.
Item No. 2 . N .
Real Property Services Agreement
May 4, 2005
Page 2
Funds are available in Regional Measure A account 134-4497-50185.
pelf
DAVID J. BARAKIAN DAVID H. REA ;
Director of Public Works/City Engineer City Manager
ATTACHMENTS:
1. Minute Order
2. Agreement
1 AGREEMENT FOR REAL PROPERTY SERVICES
INDIAN/1-10 INTERCHANGE
2 INTERCHANGE PROJECT IN THE CITY OF PALM SPRINGS
3 This Agreement is by and between the County of Riverside, herein called"County",
4 acting by and through its Department of Facilities Management, Real Estate Division,
herein called "Real Estate', and the City of Palm Springs, herein called "City".
5
1. Recitals.
6
7 City has a need to acquire, lease, sell and appraise interests in land as part of the
Indian/1-10 Interchange project, herein called "Project".
8
County is a participating agency in the Project.
9
County has established Real Estate to acquire, manage, and dispose of real
10 property on a countywide basis.
11 City and Real Estate desire to enter into this Agreement to authorize Real Estate to
12 provide a scope of right-of-way acquisition services for City for the estimated 27 parcels
shown on the attached list, herein called"List of Properties",and attached hereto as Exhibit
13 "A", which such parcels are necessary for the completion of the Project and are more
14 particularly described on the attached map,herein called"Project Map", attached hereto as
Exhibit "B".
15
Real Estate is certified by the State of California Department of Transportation,
16 herein called "Caltrans", to perform acquisition for State Highways and Federally funded
projects.
17
18 2. Term.
19 This Agreement shall commence upon execution by City and Real Estate and shall
terminate upon the earlier of December 31, 2006, or completion of the services herein
20 provided.
21 3. Costs.
22 The fees and costs for the right-of-way services as set forth herein shall not exceed
23 one hundred ninety nine thousand, eight hundred dollars($199,800.00). All costs shall be
billed in accordance with the estimated costs and other terms for the completion of the
24 Project set forth in the original letter dated October 28, 2004, from the Department of
25 Facilities Management to City, attached hereto as Exhibit "C".
26 4. Compensation Schedule.
27 City shall pay Real Estate a rate of$60 per hour for an estimated 1,755 hours of
work to be performed for twenty seven (27) acquisition parcels. City shall also pay the cost
28 for various services direct to firms providing services or reimburse Real Estate for the cost
Pape 1 of 8 �
1 of such services, such costs including, but not limited to, appraisal costs, consulting costs
and the cost of title reports or litigation guarantees as required for the twenty seven (27)
2 parcels. Maximum expenditure by City for such services shall not exceed $94,500.00. No
3 work shall be undertaken on any parcel until authorized pursuant to the procedures set
forth in Section 7 of this Agreement.
4
5. Schedule.
5
Real Estate has developed a tentative schedule, attached hereto and made a part
6 hereof as Exhibit "D", for the acquisition of parcels shown on Exhibit "A" which are
7 necessary for the completion of the Project. Real Estate shall notify City immediately if it
determines such a schedule is no longer feasible and the parties will meet to discuss the
8 preparation of a new schedule.
9 6. Coordination.
10 A. The official representative of City on all property related matters shall be the
11 City Manager or his/her designee. The official representative of Real Estate on all property
related matters shall be the Deputy Director, Real Estate Division, or his/her designee.
12
The Deputy Director, Real Estate Division, or his/her designee will make all
13 contacts with City through the City Manager. By the same token, contacts to be made by
City personnel with Real Estate will be coordinated through the Deputy Director, Real
14 Estate Division, or his/her designee.
15 B. The Deputy Director, Real Estate Division,will meet as necessary with City s
16 City Manager and designated staff to review and discuss acquisition and status of work.
17 C. All real property acquisitions made by Real Estate shall be based on City's
18 statutory authority.Any decisions to exercise the power of eminent domain shall be made
by the City Council after a duly noticed public hearing.
19
D. City hereby authorizes its City Manager to execute addenda to this
20 Agreement as necessary on behalf of City.
21 E. Real Estate will provide a work order number for the Project. Only work
22 related to the Project can be charged. All charges shall be paid within 30 days of approval
of invoice by City at rates as set forth in Paragraph 4 above or as agreed to in any addenda
23 to this Agreement. Invoices for services provided by Real Estate shall be presented in a
format to be agreed upon by City and Real Estate.
24
7. Procedures.
25
26 A. City agrees:
(1) To fund one hundred percent (100%) of all right of way costs for
27 properties within Palm Springs, subject to the provisions of this Agreement, which costs
shall include, but not be limited to, amounts paid to any owner for property or easements
29 acquired from said owner, title insurance premiums, escrow fees and related charges,
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1 appraisal fees, consulting fees and the cost of services to be provided by Real Estate as
set forth herein.
2
3 (2) To furnish Real Estate with completed right of way maps forthe list of
parcels and easements (permanent and temporary) to be acquired and as set forth on
4 Exhibit"A" and identified on the Project Map.
5 (3) To furnish Real Estate with legal descriptions for the parcels and
easements (permanent and temporary)to be acquired and as set forth on Exhibit"A"and
6 identified on the Project Map.
7 (4) To furnish Real Estate with existing and available aerial photos,plans
8 and profile maps, environmental assessment reports and other pertinent and relevant
materials and information regarding the Project.
9
10 (5) To provide staking as requested by Real Estate and approved by City.
11 (6) To pay Real Estate within 30 days of approval of invoice for services
provided as specified herein at the rate of$60.00 per hour, which such invoice shall be
12 prepared and delivered to City on a monthly basis and shall include information and details
as City may reasonably require.
13
(7) To pay on behalf of Real Estate or City within 30 days of approval of
14 invoice all other direct and indirect costs or fees approved by City.
15 B. Real Estate agrees at City's expense, to manage the acquisition of right of
16 way and provide, or cause to be provided, related services, which shall include:
17 (1) Acquiring property in the name of City or such other name as City shall
18 designate.
19 (2) Providing relocation assistance services as needed.
20 (3) Contracting with an independent appraisal firm and other consultants
to establish values for the parcels and easements to be acquired within the Project and to
21 determine relocation valuations as appropriate and necessary. Said values are to be
22 established in order to determine compensation to owners of the parcels and easements to
be acquired within the Project. Compensation paid to any owner shall not be in excess of
23 the approved appraisal amount for each such parcel or easement unless prior written
approval for such compensation in excess of the appraisal amount is given by City. The
24 selection of appraisers and consultants, and all appraisal and consulting services,shall be
subject to review and approval by City and its legal counsel. During the course of
25 negotiations, no commitments will be made to any property owners without the written
26 consent of City. All such commitments will be addressed in a formal right-of-way
agreement negotiated by Real Estate and approved by the Deputy Director, Real Estate
27 Division, or his designee and City.
28 (4) Contracting for the necessary escrow and title services with a firm or
firms approved by Real Estate and City for all parcels acquired on behalf of City and
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1 overseeing said escrow and title services to include:
2 (a) Opening escrow.
3
(b) Making arrangements for conveyance of title.
4
(c) Causing the escrow and/or title company to remove
5 encumbrances to title in order to deliver clear title to any parcel or easement to the
satisfaction of City to include obtaining reconveyances, paying demands, fees, and other
6 expenses approved by City in order to remove such encumbrances as may be requested
7 by City.
8 (d) Delivering to the escrow company checks payable to the escrow
and/or title company prepared or caused to be prepared by City for payment of property
9 and easement acquisitions, escrow fees, title charges and other related costs.
10 (e) Causing the escrow company to prepare a final closing
11 statement of each completed property transaction to be delivered to City.
12 (5) Furnishing to City periodic status updates of all parcels in escrow,
together with estimated costs, including title premiums, escrow fees and other related
13 expenses as to each open escrow.
14 (6) Furnishing to City monthly status updates regarding the progress of
15 work and budgetary expenditures for the Project in such form and format and at such
frequency as Real Estate and City shall agree.
16
(7) Completing acquisition of all parcels; provided however, any
17 proceeding to file a formal condemnation action with a court of competent jurisdiction will
18 require approval of City prior to initiating such proceeding.
19 (8) Providing all property management services for property acquired
pursuant to this Agreement.
20
(9) Compiling a list of any surplus/excess property that may have been
21 acquired on behalf of City and, if requested by City, selling or leasing said surplus/excess
22 property. If such request is made, Real Estate shall obtain an appraisal for each
surplus/excess property by an appraiser selected by Real Estate and approved by City and
23 submit said appraisal(s) to City for approval. Upon approval of said appraisal(s) by City,
which approval shall be in writing, Real Estate shall initiate any and all necessary,
24 appropriate and required actions to cause the sale or lease of said surplus/excess
property. All net proceeds from the sale or lease of surplus/excess property shall be
25 remitted to City.
26 (10) Delivering or causing to be delivered to City a final product with respect
27 to each acquisition to include the following:
26 (a) Project file
(b) Original recorded deed
Page 4 of 8
1 (c) Original executed right of way agreement
(d) Policy of Title Insurance
2 (e) Correspondence, notes, and other information documenting the
3 acquisition.
4 All work shall comply with Caltrans regulations for federally funded projects.
5 C. It is mutually agreed:
6 (1) The purpose and intent of this Agreement is for City to retain the
7 services of Real Estate to expedite the acquisition of fee parcels and easement parcels
(permanent and temporary)for right of way as set forth on Exhibit"A"and identified on the
8 Project Map. The factthat this Agreement specifies that certain costs or payments shall be
made to Real Estate by City does not imply that any costs not specified herein shall be
9 borne by Real Estate or not reimbursed by City, however any such costs not specified
which Real Estate wishes to be reimbursed by City must be approved by City in writing
10 prior to any reimbursement.
11 (2) City and Real Estate acknowledge that they have reviewed the
12 schedule, herein called "Project Schedule",and attached hereto as Exhibit"D". Real Estate
agrees to diligently pursue its duties and responsibilities as set forth in this Agreement in
13 accordance with the schedules set forth in said Exhibit "D". Furthermore, Real Estate
recognizes that City may direct Real Estate to cease work under this Agreement at any
14 time.
15 (3) The time required to initiate, negotiate and complete the acquisition of
16 any one-fee parcel or easement parcel is estimated to be sixty five (65) hours. City and
Real Estate recognize that the acquisition of certain parcels may require additional time
17 resulting from unusual, unforeseen or unanticipated factors or the need to file a formal
condemnation action with a court of competent jurisdiction. Upon the occurrence of
18 circumstances which in the estimation of Real Estate shall require time in excess of said
19 sixty five (65) hours to initiate, negotiate and complete any acquisition, Real Estate shall
describe in writing for the City each such parcel or easement and cite the reasons for the
20 anticipated additional time needed to complete the acquisition.
21 (4) Both City and Real Estate recognize that effective communication is
22 needed to maintain flexibility, alter priorities and respond to unpredicted events,therefore,
monthly meetings involving City management staff and Real Estate staff will be conducted
23 at a location to be determined by City to ensure full, complete, timely and accurate
disclosure, sharing and dissemination of all relevant information and activities. In addition,
24 Real Estate personnel shall communicate and coordinate with City personnel on an as-
needed basis regarding the current status and to provide updates as to the appraisal and
25 acquisition process.
26 (5) Any internal communications, including, without limitation, appraisal
27 reports and attorney/client communications, between City and Real Estate, or their
respective representatives and subcontractors, shall be considered confidential and shall
28 not be disclosed without the prior written consent from City.
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1 8. Resolution of Matters.
2 Any disputes or differences that may arise as between City and Real Estate may be
3 informally resolved by and through City's City Manager, or his or her designee, and the
Deputy Director, Real Estate Division, or his or her designee,
4
9. Notices.
5
Any and all notices sent or required to be sent to the parties to this Agreement shall
6 be mailed to the following addresses:
7 City of Palm Springs County of Riverside
8 Post Office Box 2743 Department of Facilities Management
Palm Springs, California 92263-2743 3133 Mission Inn Avenue
9 Attn: David Barakian Riverside, California 92507-4199
Attn: Deputy Director, Real Estate Division
10
11 or to such other addresses as from time to time shall be designated by the respective
parties.
12
10. Modifications.
13
This Agreement may be changed or modified only upon the written approval of the
14 Riverside County Board of Supervisors.
15
11. Indemnity.
16
Pursuant to Government Code Section 895.4, each'party assumes the liability
17 imposed on it, its officers and employees for injury caused by a negligent orwrongful act or
18 omission occurring in the performance of that party's obligations under this Agreement to
the same extent that such liability would be imposed in the absence of Government Code
19 Section 895.2. Accordingly, each party shall defend, indemnify and hold harmless the
other parties for any claim, demand, and cause of action, loss, liability, damage, and cost
20 or expense that may be imposed on such party solely by virtue of said Section 895.2.
21 12. Attorneys' Fees.
22 In any actions brought by either party to enforce the provisions of this Agreement,
23 the prevailing party shall be entitled, in addition to any other award, to have its attorneys'
fees paid by the non-prevailing party, plus other costs of suit.
24
25
26
27 1/1
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05/Oa/2005 08: 15 FAX 949 223 1180 ALESHIRE & WYNBER, LLP ¢j002/002
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1 13. Execution by County.
2 This Agreement shall not be binding or consummated vnGl its approval aril
3 execution by the County'$Board of Supervisors.
4 Dated: CITY OF PALM SPRINGS
5
6 BY _
City Manager
7 APPROVED AS TO DORM:
l
Y�
a,o By;
1,1 ATTEST:
12
1b City Clerk
14 REVIEWED AND R=COMI4IENDED FOR APPROVAL:
15
16 By: _;
JANET M. PARKS . FoanX nr•raoven
1.7 Supervising Real Property Agent COUNTY COUNSEL
10 APR 0 5 2005
14 By: tiYaµcr�
JON K HUTCHISON ^$sisTur oounrvr-buN�n,
20 Deputy Director
21
22 Dated: COUNTY OF RIVER$IbE
23 ATTEST:
By
24 NANCY ROMERO
z5 Clerk to the Board Chairman
Board of Supervisor.
26
27 Deputy.
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08/02/200t MON 12'20 Ln!/RX N0 G6971 ZOCiP;
1 13. Execution by County.
2 This Agreement shall not be binding or consummated until its approval and
3 execution by the County's Board of Supervisors.
4 Dated: CITY OF PALM SPRINGS
5
By:
6 City Manager
7 APPROVED AS TO FORM:
8
9 By:
10 City Attorney
11 ATTEST:
12
By:
13 City Clerk
14 REVIEWED AND RECOMMENDED FOR APPROVAL:
15
16 By:
JANET M. PARKS FORM APPROVED
17 Supervising Real Property Agent COUNTY COUNSEL
18 APR 0 5(2005
19 By:
JON K. HUTCHISON ASSISTANTZOUNTY COUNSEL
20 Deputy Director
21
22 Dated: COUNTY OF RIVERSIDE
23 ATTEST:
By:
24 NANCY ROMERO
25 Clerk to the Board Chairman
Board of Supervisors
26
By:
27 Deputy [SEAL]
28
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1 APPROVED AS TO FORM:
2 WILLIAM KATZENSTEIN
3
4 By:
JOE S. RANK
5 Assistant County Counsel
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1
2 EXHIBIT "A"
3 LIST OF PROPERTIES
4
APN NO.'S OWNER NAME # PARCELS
5
6 666-330-064 1995110 1
666-330-063 1995110 1
7 666-330-072 1995110 1
8 666-330-071 1995110 1
666-330-070 19951 10 1
g 666-330-061 1995110 1
666-330-069 1995110 1
10 666-330-060 1995110 1
11 666-330-068 1995110 1
666-330-059 1995110 1
12 666-330-081 Atlantic Financial Group LTD 1
13 666-330-082 Pilot Travel Centers LLC 5
669-060-004 Miner Robert Wilson 1
14 669-060-005 Miner Robert Wilson 1
669-060-019 Victoria Land Partners 2
15 669-060-018 Miner Robert Wilson 2
16 669-093-011 Miner Robert Wilson 1
666-370-025 Chang Family Partners 2
17 669-091-017 Palm Springs Partners 1
18 666-370-023 Pines Compton 1
19
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23
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2 EXHIBIT "D"
3 PROJECT SCHEDULE
4
5 COUNTY OF RIVERSIDE
6 DEPARTMENT OF FACILITIES MANAGEMENT
REAL ESTATE DIVISION
7
8 TIMELINE FOR PURCHASE
9
10 Request for Proposals for Appraisal 4 Weeks
11 Award Contract upon
Approval of City of Palm Springs 2 Weeks
I 12
13 Appraisal Completion 6 Weeks
Review of Appraisal by State of California
j14 Department of Transportation "Cal Trans" 2 Weeks
15
i 16 Prepare Documents 3 Weeks
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Negotiate with Property Owners
17 and Authorization to Sell 6 Weeks
I 18
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19rom completion of environmental report and issuance of notice to proceed.
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MINUTE ORDER NO, 7663
APPROVING AN AGREEMENT NO. A5090
WITH THE COUNTY OF RIVERSIDE FOR
REAL PROPERTY SERVICES FOR INDIAN/
INTERSTATE 10 INTERCHANGE, IN AN
AMOUNT NOT TO EXCEED $199,800.00,
CITY PROJECT 00-14, A05090
I, James Thompson, City Clerk of the City of Palm Springs, California, hereby
certify that this Minute Order approving an Agreement No. A5090 with the County
of Riverside for real property services for Indian/Interstate 10 interchange in an
amount not to exceed $199,800.00, City Project 00-14, was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
4th day of May, 2005.
James Thompson, City Clerk
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