HomeMy WebLinkAbout4/7/2004 - STAFF REPORTS (15) DATE: April 7, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
PALM SPRINGS MASTER DRAINAGE PLAN LINE 15 EXTENSION COOPERATIVE
AGREEMENT
RECOMMENDATION:
It is recommended that the City Council approve a joint agreement between the City of
Palm Springs, Palm Springs Modern Homes V, LLC, and Riverside County Flood Control
& Water Conservation District related to the design, installation and construction, and
operation and maintenance of the extension of Storm Drain Line 15.
SUMMARY:
Palm Springs Modern Homes V, LLC, is the developer of Tract Map 29077 located at the
west end of Tahquitz Canyon Way. The developer is proposing to extend Master Storm
Drain Line 15 to facilitate flood control protection and drainage of their property. The
developer is responsible for the design and installation of this storm drain facility which is
part of the City's Master Plan of Drainage, administered by the Riverside County Flood
Control & Water Conservation District (RCFC). The extended storm drain line will be
operated and maintained by RCFC.
BACKGROUND:
Tentative Tract Map 29077, approved by the City on July 17, 2002, required that the
property be developed in accordance with the City's requirements for flood control
protection, and acceptance and conveyance of existing off-site storm water runoff through
the property. The developer is proposing to extend Storm Drain Line 15 to allow it to accept
storm water runoff from the property. Currently, this 39 inch diameter storm drain facility
ends in Tahquitz Canyon Way just past Museum Way. A short extension of the storm drain
is required to facilitate the new development.
In light of the fact that RCFC staff is not preparing the plans for the storm drain extension,
and is not responsible for bidding the construction project for its installation, RCFC requires
that a joint cooperative agreement be approved with the developer, who is responsible for
the design and installation of the system. The City is a party to this cooperative agreement
only by the fact that the storm drain line extension is within the City's public right-of-way,
and is a part of the City's Master Plan of Drainage. RCFC staff has prepared a joint
cooperative agreement that stipulates the terms and conditions of having the RCFC storm
drain line extension designed and installed by the developer and its contractor. RCFC will
be responsible for inspection of construction, as well as operation and maintenance of the
storm drain facility.
Palm Springs Master Drainage Plan Line 15 Extension Cooperative Agreement
April 7, 2004
Page 2
Staff recommends that the City Council approve the cooperative agreement, previously
reviewed and approved by the City Attorney, to allow development of Tract 29077 to
continue on schedule.
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager �•
ATTACHMENTS:
1. Minute Order
2. Agreement
85695
1 COOPERATIVE AGREEMENT
PALM SPRINGS MDP, LINE 15 EXTENSION
2 (Tract No. 29077 in the City of Palm Springs)
3
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
4
5 DISTRICT, hereinafter called "DISTRICT", the CITY OF PALM SPRINGS, hereinafter called "CITY",
6 and PALM SPRINGS MODERN HOMES V, LLC, a California limited liability company, hereinafter
7 called "DEVELOPER", hereby agree as follows:
8 RECITALS
9 A. CITY has approved Tract No. 29077 in the city of Palm Springs, hereinafter called
10 "MOD HOMES' TRACT", and as a condition for approval, DEVELOPER must construct certain
11 storm drain facilities in order to provide flood protection and drainage for DEVELOPER'S planned
12 development; and
13 B. The required facilities include approximately 50 lineal feet of underground
14 concrete pipe located within an existing street right of way, hereinafter called "PROJECT", as shown in
15 concept in red on Exhibit"A", attached hereto and made a part hereof. The proposed PROJECT connects
16 to DISTRICT'S existing Palm Springs Master Drainage Plan (MDP) Line 15 (District Drawing No. 6-
17 271), hereinafter called "LINE 15", and shown represented in green on Exhibit"A'; and
18 C. Associated with the construction of PROJECT is the construction of a detention
19 basin and approximately 75 lineal feet of underground concrete pipe located within the northerly portion
20 of Tract No. 29077, hereinafter called "DEVELOPER FACILITIES", as shown in concept in purple on
21 Exhibit"A", and
22 D. DEVELOPER and CITY desire DISTRICT to accept ownership and responsibility
23
for the operation and maintenance of PROJECT, therefore, DISTRICT must review and approve
24
DEVELOPER'S plans and specifications, and subsequently inspect the construction of PROJECT; and
25
E. DISTRICT and CITY desire DEVELOPER to accept ownership and responsibility
26
for operation and maintenance of DEVELOPER FACILITIES; and
27
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1 F. DISTRICT is willing to (i) review and approve plans and specifications prepared
2 by DEVELOPER for PROJECT and DEVELOPER FACILITIES, (ii) inspect the construction of
3 PROJECT, and (iii) accept ownership and responsibility for the operation and maintenance of PROJECT,
4 provided DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the amounts specified
5 herein to cover DISTRICT'S costs for plan review, construction inspection, and the preparation and
6 administration of this Agreement, (iii) constructs PROJECT in accordance with plans and specifications
7 approved by DISTRICT and CITY, (iv) accepts sole ownership and responsibility for the operation and
8 maintenance of PROJECT after completion of PROJECT construction until such time as DISTRICT
9 accepts ownership and sole responsibility for the operation and maintenance of PROJECT, (v) accepts
10
ownership and sole responsibility for the operation and maintenance of DEVELOPER FACILITIES and
11
(vi)obtains all rights of entry and regulatory permits as set forth herein; and
12
G. CITY is willing to (i) review and approve plans and specifications prepared by
13
DEVELOPER for PROJECT and DEVELOPER FACILITIES, (ii) accept and hold faithful performance
14
and payment bonds submitted by DEVELOPER for PROJECT, and (iii) grant DISTRICT the right to
15
inspect, operate and maintain PROJECT within CITY rights of way.
16
NOW, THEREFORE,the parties hereto mutually agree as follows:
17
18 SECTION I
DEVELOPER shall:
19
20 1. Prepare plans and specifications for PROJECT and DEVELOPER FACILITIES,
21 hereinafter called "IMPROVEMENT PLANS," in accordance with DISTRICT and CITY standards and
22 submit IMPROVEMENT PLANS to DISTRICT and CITY for their review and approval.
23 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
24 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to
25 cover DISTRICT'S costs associated with the review and approval of IMPROVEMENT PLANS, and the
26 processing and administration of this Agreement.
27 3. Deposit with DISTRICT, at the time of providing written notice to DISTRICT of
28 the start of PROJECT construction as set forth in Section I.7. herein, the estimated cost of providing
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1 construction inspection for PROJECT, in an amount as determined and approved by DISTRICT in
2 accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments
3 thereto, based upon the bonded value of PROJECT facilities to be inspected, operated and maintained by
4 DISTRICT.
5 4. Secure, at its sole cost and expense, all necessary licenses, agreements, permits and
6 rights of entry as may be needed for the construction, inspection, operation and maintenance of
7 PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing written notice to DISTRICT
8 of the start of construction as set forth in Section I.7. herein, with sufficient evidence of DEVELOPER
9 having secured such necessary licenses, agreements, permits and rights of entry, as determined and
10 approved by DISTRICT and CITY.
11
5. Furnish DISTRICT and CITY with copies of all permits, approvals or agreements
12
required by any Federal or State resource and/or regulatory agency for the construction, operation and
13
maintenance of PROJECT. Such documents include but are not limited to those issued by the U.S. Army
14
Corps of Engineers, California Regional Water Quality Control Board, California State Department of
15
Fish and Game, and State Water Resources Control Board,
16
6. Provide CITY, prior to providing written notice to DISTRICT of the start of
17
construction as set forth in Section I.7. herein,with a faithful performance bond in the amount of 100% of
18
19 the estimated cost for construction of PROJECT as determined by DISTRICT and a material and labor
20 bond in the amount of 50% of the estimated cost for construction of the PROJECT as determined by
21 DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of DISTRICT and
22 CITY. The bonds shall remain in full force and effect until PROJECT is accepted by DISTRICT as
23 complete; at which time the faithful performance bond amount may be reduced to 10%for a period of one
24 year to guarantee against any defective work, labor or materials.
25 7. Notify DISTRICT in writing(Attention—Mark H. Wills), at least twenty (20) days
26 prior to the start of construction of PROJECT. Construction shall not begin on PROJECT, for any reason
27 whatsoever, until DISTRICT has issued to DEVELOPER a written Notice to Proceed authorizing
28 DEVELOPER to initiate construction.
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1 8. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
2 start of construction as set forth in Section I.7. herein, with a complete list of all contractors and
3 subcontractors to be performing work on PROJECT, including the corresponding license number and
4 license classification of each. At such time, DEVELOPER shall further identify in writing its designated
5 superintendent for PROJECT construction.
6 9. Furnish DISTRICT, at the time of providing written notice to DISTRICT at the
7 start of construction as set forth in Section I.7. herein, a construction schedule which shall show the order
8 and dates in which DEVELOPER or DEVELOPERS contractor proposes to carry on the various parts of
9 work, including estimated start and completion dates. As the construction progresses, DEVELOPER
10 shall furnish DISTRICT with updated construction schedules upon request.
11
10. Comply with all Cal/OSHA safety regulations including regulations concerning
12
confined space and maintain a safe working environment for DEVELOPER, CITY and DISTRICT
13
employees on the site.
14
11. Furnish DISTRICT, at time of providing written notice to DISTRICT of the start
15
of construction as set forth in Section 1.7. herein, a confined space procedure specific to PROJECT. The
16
procedure shall comply with requirements contained in California Code of Regulations, Title 8 Section
17
18 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and DISTRICT
19 Confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by DISTRICT
20 prior to the issuance of the Notice to Proceed.
21 12. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and assign
22 their ownership to DISTRICT prior to the start of PROJECT construction.
23 13. Not permit any change to or modification of IMPROVEMENT PLANS without
24 the prior written permission and consent of DISTRICT.
25 14. Construct, or cause to be constructed, PROJECT and DEVELOPER FACILITIES
26 at DEVELOPERS sole cost and expense in accordance with IMPROVEMENT PLANS approved by
27 DISTRICT and CITY.28 VV�•/�1/''7 //0!
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1 15. During the construction period of PROJECT, maintain Workers' Compensation
2 Insurance in an amount required by law. A certificate of said insurance policy shall be provided to
3 DISTRICT and CITY at the time of providing written notice to DISTRICT of the start of construction as
4 set forth in Section I.7. herein.
5 16. At the time of providing written notice to DISTRICT of the start of construction as
6 set forth in Section I.7. herein and continuing until DISTRICT accepts PROJECT as complete for
7 ownership, operation and maintenance:
8 (a) Provide and maintain or cause its contractor(s) to provide and maintain
9 comprehensive liability insurance coverage which shall protect
10
DEVELOPER from claim from damages for personal injury, including
11
accidental and wrongful death, as well as from claims for property damage
12
which may arise from DEVELOPER'S construction of PROJECT or the
13
performance of its obligations hereunder, whether such construction or
14
performance be by DEVELOPER, by any of its contractors, subcontractors,
15
or by anyone employed directly or indirectly by any of them. Such
16
insurance shall name DISTRICT and CITY as additional insureds with
17
respect to this Agreement and the obligations of DEVELOPER hereunder.
18
19 Such insurance shall provide for limits of not less than two million dollars
20 ($2,000,000)per occurrence.
21 (b) Cause its insurance carrier(s) or its contractor's insurance carrier(s), who
22 shall be authorized by the California Department of Insurance to transact the
23 business of insurance in the State of California, to furnish DISTRICT and
24 CITY at the time of providing written notice to DISTRICT of the start of
25 construction as set forth in Section I.7. herein, with certificate(s) of
26 insurance and applicable policy endorsements showing that such insurance
27 is in full force and effect and that DISTRICT and CITY are named as
28 additional insureds with respect to this Agreement and the obligations of
5 &?40P
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1 DEVELOPER hereunder. Further, said certificate(s) shall state that the
2 issuing company shall give DISTRICT and CITY sixty (60) days written
3 notice in the event of any cancellation, termination, non-renewal or
4 reduction in coverage of the policies evidenced by the certificate(s). In the
5 event of any such cancellation, termination, non-renewal or reduction in
6 coverage, DEVELOPER shall, forthwith, secure replacement insurance
7 meeting the provision of this paragraph.
8 Failure to maintain the insurance required by this paragraph shall be deemed a
9 material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole
10 discretion,to proceed to perform the remaining work pursuant to Section IV.3. herein.
11
17. Accept sole ownership and responsibility for the operation and maintenance of
12
PROJECT and DEVELOPER FACILITIES, until such time as DISTRICT accepts ownership and
13
responsibility for operation and maintenance of PROJECT. Further, it is mutually understood by the
14
parties hereto that prior to DISTRICT acceptance of ownership and responsibility for the operation and
15
maintenance of PROJECT as set forth herein, PROJECT shall be in a satisfactorily maintained condition
16
as solely determined by DISTRICT.
17
18 18. Upon completion of construction of PROJECT, but prior to DISTRICT acceptance
19 of PROJECT for ownership, operation and maintenance, DEVELOPER'S civil engineer of record or
20 construction civil engineer of record, duly registered in the State of California, shall provide to
21 DISTRICT a redlined "as-built" copy of the IMPROVEMENT PLANS. After DISTRICT approval of
22 "as-built" drawings, DEVELOPER'S engineer shall schedule with DISTRICT a time to transfer the
23 redlined changes onto DISTRICT'S original IMPROVEMENT PLANS at DISTRICT'S office, after
24 which the engineer shall review,stamp and sign the IMPROVEMENT PLANS "AS-BUILT".
25 19. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
26 completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys'fees,
27 and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as
28 costs and included in any judgment rendered. & V
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85695
1 SECTION II
2 DISTRICT shall:
3 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER prior
4 to the start of PROJECT construction.
5 2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS
6 prior to DISTRICT'S final approval.
7 3. Upon execution of this Agreement, record or cause to be recorded, a copy of this
8 Agreement in the Official Records of the Riverside County Recorder.
9 4. Inspect PROJECT construction.
10 5. Keep an accurate accounting of all DISTRICT costs associated with the review and
11 approval of IMPROVEMENT PLANS, the review and approval of rights of way and conveyance
12
documents, and in processing and adminishation of this Agreement.
13
6. Keep an accurate accounting of all DISTRICT construction inspection costs, and
14
within sixty (60) days after DISTRICT acceptance of PROJECT as being complete, submit a final cost
15
statement to DEVELOPER. If the deposit, as set forth in Section I.3. herein, exceeds such costs,
16
DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days after DISTRICT
17
18 acceptance of PROJECT as being complete. If at any time the costs exceed the deposit or are anticipated
19 by DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amount, as deemed
20 reasonably necessary by DISTRICT to complete PROJECT, within thirty(30) days after receipt of billing
21 from DISTRICT.
22 7. Accept ownership and responsibility for the operation and maintenance of
23 PROJECT, upon DISTRICT acceptance of PROJECT construction as being complete
24 8. Provide CITY with a reproducible duplicate copy of "as-built" IMPROVEMENT
25 PLANS upon DISTRICT acceptance of PROJECT as being complete.
26 ge27
28
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85695
1 SECTION III
2 CITY shall:
3 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER prior
4 to the start of PROJECT construction.
5 2. Accept the CITY and DISTRICT approved faithful performance and payment
6 bonds submitted by DEVELOPER as set forth in Section I.6. and hold said bonds as provided herein.
7 3. By execution of this Agreement, grant DISTRICT, the right to construct, inspect,
8 operate and maintain PROJECT within CITY rights of way.
9
SECTION IV
10
It is further mutually agreed:
11
I. All work involved with PROJECT shall be inspected by DISTRICT and shall not
12
be deemed complete until approved and accepted in writing as complete by DISTRICT.
13
2. CITY and DEVELOPER personnel may observe and inspect all work being done
14
on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely responsible
15
for all quality control communications with the contractor during the construction of PROJECT.
16
17 3. DEVELOPER shall complete construction of PROJECT within twelve (12)
18 consecutive months after execution of this Agreement and within forty-five (45) consecutive calendar
19 days after commencing work on PROJECT. It is expressly understood that since time is of the essence in
20 this Agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute
21 authority for DISTRICT to perform the remaining work and require DEVELOPER'S surety to pay to
22 CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT
23 for DISTRICT costs incurred.
24 4. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed within
25 twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in Section I.7.;
26 however, DISTRICT'S construction inspection staff is limited and, therefore, the issuance of a Notice to
27 Proceed is subject to staff availability. 641028
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1 In the event DEVELOPER wishes to expedite issuance of a Notice to Proceed,
2 DEVELOPER may elect to furnish an independent qualified construction inspector at DEVELOPER'S
3 sole cost and expense. DEVELOPER shall furnish appropriate documentation of the individual's
4 credentials and experience to DISTRICT for review and, if appropriate, approval. DISTRICT shall
5 review the individual's qualifications and experience and, upon approval thereof, said individual,
6 hereinafter called "DEPUTY INSPECTOR", shall be authorized to act on DISTRICT'S behalf on all
7 PROJECT construction and quality control matters. If DEVELOPER'S initial construction inspection
8 deposit furnished pursuant to Section I.3. exceeds five thousand dollars ($5,000.00), DISTRICT shall
9 refund to DEVELOPER up to eighty percent (80%) of DEVELOPER'S initial inspection deposit within
10
forty-five (45) days of DISTRICT'S approval of DEPUTY INSPECTOR; however, a minimum balance
11
of five thousand dollars($5,000.00) shall be retained on account.
12
5. PROJECT construction work shall be on a five (5)day, forty (40) hour work week
13
with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved
14
in writing by DISTRICT. If DEVELOPER feels it is necessary to work more than the normal forty (40)
15
hour work week or on holidays, DEVELOPER shall make a written request for permission from
16
17 DISTRICT to work the additional hours. The request shall be submitted to DISTRICT at least 72 hours
18 prior to the requested additional work hours and state the reasons for the overtime and the specific time
19 frames required. The decision of granting permission for overtime work shall be made by DISTRICT at
20 its sole discretion and shall be final. If permission is granted by DISTRICT, DEVELOPER will be
21 charged the cost incurred at the overtime rates for additional inspection time required in connection with
22 the overtime work in accordance with Ordinance Nos. 671 and 749, including any amendments thereto, of
23 the County of Riverside.
24 6. DEVELOPER shall not request DISTRICT or COUNTY to accept any portion of
25 PROJECT or APPURTENANCES for operation and maintenance until PROJECT is complete in
26 accordance with Section II.7. herein.
27 7. In the event that any claim or legal action is brought against DISTRICT or CITY
28 in connection with this Agreement because of the actual or alleged acts or omissions by DEVELOPER,
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1 including but not limited to design, construction or failure of PROJECT, DEVELOPER shall defend,
2 indemnify and hold DISTRICT and CITY harmless therefrom, without cost to DISTRICT or CITY.
3 Upon DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover from
4 DEVELOPER all of their cost and expenses, including, but not limited to, reasonable attorneys'fees.
5 8. DEVELOPER shall defend, indemnify and hold DISTRICT and CITY, their
6 respective officers, agents, employees and independent contractors free and harmless from any claim or
7 legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the California Constitution,
8 the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to
9 impose any other liability or damage caused by from the diversion of the waters from the natural drainage
10
patterns, save and except claims and litigation arising through the negligence or willful misconduct of
11
DISTRICT or CITY, which claims shall be shared by the parties on a pro rata basis based on their
12
respective responsibilities. DEVELOPER shall defend DISTRICT and CITY without cost to DISTRICT
13
or CITY, and upon DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover
14
from DEVELOPER all of their costs and expenditures, including, but not limited to, reasonable attorneys'
15
fees.
16
17 9. Notwithstanding any other provision herein, DEVELOPER hereby agrees to
18 indemnify, defend, and hold DISTRICT and CITY free and harmless from any and all cost (including,
19 without limitation, attorneys' fees and the costs of other professionals engaged by DISTRICT) or liability
20 resulting from a determination in any action or proceeding brought by a third party that this Agreement
21 does not comply with the requirements of State law. DISTRICT hereby agrees that, within a reasonable
22 time after receiving notice of any claim pertaining to this paragraph, DISTRICT will give written notice
23 of such claim to DEVELOPER at the address set forth herein, and will concurrently tender defense of said
24 claim to DEVELOPER. DISTRICT and DEVELOPER also mutually agree that, in the event any legal
25 action is required to enforce the provisions of this paragraph, the prevailing party in that legal action will
26 be entitled to recover from the losing party, all costs of that legal action, including attorneys'fees.
27 10. DEVELOPER for itself, its successors and assigns, hereby releases DISTRICT and
28 CITY, their respective officers, agents, and employees from any and all claims, demands, actions, or suits
85695
1 of any kind arising out of any liability,known or unknown, present or future, including, but not limited to
2 any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution,
3 the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to
4 impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within
5 or from PROJECT. Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT
6 or CITY, their officers, agents and employees from any and all claims, demands, actions or suits of any
7 kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of
8 PROJECT and APPURTENANCES, after the acceptance of PROJECT and APPURTENANCES by
9 DISTRICT and CITY.
10 11. Any waiver by DISTRICT or by CITY of any breach of any one or more of the
11
terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the
12
same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and
13
complete compliance with any terms of this Agreement shall not be construed as in any manner changing
14
the terms hereof,or estopping DISTRICT or CITY from enforcement hereof.
15
12. If any provision in this Agreement is held by a court'of competent jurisdiction to
16
be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force
17
18 without being impaired or invalidated in any way.
19 13. This Agreement is to be construed in accordance with the laws of the State of
California.
20
21 14. Any and all notices sent or required to be sent to the parties of this Agreement will
22 be mailed by first class mail, postage prepaid,to the following addresses:
23 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
AND WATER CONSERVATION DISTRICT 3200 E. Tahquitz Canyon Way
24 1995 Market Street Palm Springs, CA 92262
Riverside, CA 92501 Attn: David J. Barakian
25 PALM SPRINGS MODERN HOMES V, LLC
c/o Ironwood Homes,Inc
26 74-140 El Pasco, Suite 4, PMB 520
Palm Desert, C
27 Attn: Mama Vann Hom Hone -w(
28
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1 15. Any action at law or in equity brought by any of the parties hereto for the purpose
2 of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent
3 jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of
4 law providing for a change of venue in such proceedings to any other county.
5 16. This Agreement is the result of negotiations between the parties hereto, and the
6 advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter
7 of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this
8 Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its
9 final form.
10
17. The rights and obligations of DEVELOPER shall inure to and be binding upon all
11
heirs, successors and assignees.
12
18. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or
13
obligations hereunder to any person or entity without the written consent of the other parties hereto being
14
first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and
15
agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this
16
Agreement.
17
18 19. The individuals executing this Agreement on behalf of DEVELOPER hereby
19 certify that they have the authority within their respective companies to enter into and execute this
20 Agreement, and have been authorized to do so by any and all boards of directors, legal counsel, and or
21 any other board, committee or other entity within their respective companies which have the authority to
22 authorize or deny entering this Agreement.
23 20. This Agreement is intended by the parties hereto as a final expression of their
24 understanding with respect to the subject matter hereof and as a complete and exclusive statement of the
23 terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and
26 understandings, oral or written, in connection therewith. This Agreement may be changed or modified
27 only upon the written consent of the parties hereto.
28 // CO/
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03/17/2004 WED 12:03 FAX R002/002
IR-01-2004 MON 10:51 AM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P, 15
esans
I tN W I NES$ W1 AIRI OF,the pmties hereto have meutod this Agreement on
2
3 (to N.filled in by the Clerk to the Board)
4 RIVERSIDE COUNTY FLO01)CONTROL
5 RMCOMMENDED FOR API'R(7VAL AND WATER CONSERVATION DISTRICT
Uy..�,..�_..
WARRI>N D.WILLIAMS JAMUS A.VP.NAIIIX,Chairman
Acnoral Managcr•Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
S APPROVED AS TO FORM: ATTEST:
9 W11,14AM C.RATZI',NSTPON NANCY A.ROMP,RO
10 C,"aeoty Counsel Clerk to ilse Board
LUE A,VINOCOUR Deputy
E2 Deputy Comity Counsel
14
15 AYPROVBD AS TO NOR CITY O PATAI SPR1 NGS
I Iiy,..
11 1 �lisl l! DAVIDILRT•,AUY,City Manaser
17 CityAa 1'rw'y��i/y City of Ailm Springs
lt1 1lntui..__ '�J ---- ATITsST;
19 111111 By -,..
211 PATRICIA A. SANDIM
City Clerk
21 (SEAL)
2d
zi
24
2$
26 CnoperuliveAprcoment;Tract No.29077 j(A��,,�•�
'7,7 KIiC::ylj;mav
li2/18/04
za
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03/01/2004 MON 11:49 ITX/RX. NO 38151 E 015
85695
1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
2
3 (to be filled in by the Clerk to the Board)
4 RIVERSIDE COUNTY FLOOD CONTROL
5 RECOMMENDED FOR APPROVAL AND WATER CONSERVATION DISTRICT
6 By BY
WARREN D. WILLIAMS JAMES A. VENABLE, Chairman
7 General Manager-Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
8 APPROVED AS TO FORM: ATTEST:
9 WILLIAM C. KATZENSTEIN NANCY A. ROMERO
10 County Counsel Clerk to the Board
11 By By
LEE A. VINOCOUR Deputy
12 Deputy County Counsel
13 Dated (SEAL)
14
15 APPROVED AS TO FORM: CITY OF PALM SPRINGS
16 By By
DAVID ALESHIRE DAVID H. READY, City Manager
17 City Attorney City of Palm Springs
18 Dated ATTEST:
19 By
20 PATRICIA A. SANDERS
City Clerk
21 (SEAL)
22
23
24
25 FT
26
Cooperative Agreement: Tract No. 29077
27 KEC:slj:mcv
02/18/04
28
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85695
1
PALM SPRINGS MODERN HOMES,LLC
2 a California limited liability company
3 By IRONWOOD HOMES, INC,
4 a California corporation
Its Managing Member
5
6 By
DENNIS CUNNINGHAM, PRESIDENT
7 Ironwood Homes, Inc.
8 (NOTARY)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 a
25
Cooperative Agreement: Tract No. 29077
26 KEC:slj:mcv
02/18/04
27
28
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Exhibit A
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Cooperative Agreement, Tract No. 29077
Palm Springs MDP, Line 15 Extension
Project No. 6-0-0220
1 of2
Exhibit A
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Cooperative Agreement, Tract No. 29077
Palm Springs MDP, Line 15 Extension
Project No. 6-0-0220
2 of 2
MINUTE ORDER NO.
APPROVING A JOINTAGREEMENT BETWEEN THE CITY
OF PALM SPRINGS, PALM SPRINGS MODERN HOMES V,
LLC, AND RIVERSIDE COUNTY FLOOD CONTROL &
WATER CONSERVATION DISTRICT RELATED TO THE
DESIGN, INSTALLATION AND CONSTRUCTION, AND
OPERATION AND MAINTENANCE OF THE EXTENSION
OF STORM DRAIN LINE 15
I HEREBY CERTIFY that this Minute Order, approving ajoint agreement between the City of Palm
Springs, Palm Springs Modern Homes V, LLC, and Riverside County Flood Control & Water
Conservation District related to the design, installation and construction, and operation and
maintenance of the extension of Storm Drain Line 15, was adopted by the City Council of the City
of Palm Springs, California, in a meeting thereof held on the 7" day of April, 2004.
PATRICIA A. SANDERS
City Clerk
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