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HomeMy WebLinkAbout00447C - AGUA CALIENTE TAHQUITZ CYN LIGHTING SIDEWALK IMPR DONATION AGR Agua Caliente Band of Cahilla Indians Donation Agreement AGREEMENT #447C R1178, 6-5-02 DONATION AGREEMENT --- -- THIS DONATION AGREEMENT (the "Agreement") is made and entered into on this lay of _, , by and between the CITY OF PALM SPRINGS (" TY"), PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, LOCATED AT_3�A.0�0 East Tahquitz Canyon Way, Palm Springs, California 92262 ("CRA"), and � d1dt ,�'►.t�ocated at e QQ�� Ilf �A *'Pro r rty Owner' b� �"Cd,W 1 RECITALS /,bb • . RJ�& � � � Gt7ay A. The revitalization of East Tahquitz Canyon Way ("ETCW"), between Indian d Canyon Drive and Avenida Caballeros, has been constrained in the past by inadequate pedestrian and street lighting. Low illumination levels on ETCW sidewalks have discouraged retail and restaurant operations from extending business hours, resulting in loss both to the business owners and the City of Palm Springs ("City"). B. In conjunction with the 1992 Palm Springs International Film Festival,the Downtown Development Center implemented a demonstration project in the vicinity of the Plaza Theater, including a streetscape lighting component. The owners of property in the project area purchased three light fixtures and donated them to CRA for installation in the right of way. Public reaction to the project, especially the lighting component, was very positive. Businesses located within the area prospered to extend the lights throughout the downtown and CRA extended the lights throughout the downtown area. The businesses subsequently reimbursed CRA for the costs of the actual lighting fixtures. C. Due to the success of the lighting project in Downtown, this program was extended to the Uptown and East Palm Canyon arena and more property owners in ETCW have requested that the streetscape lighting be installed in their area as well. D. CRA has prepared a preliminary layout plan which calls for up to 30 type "A" lights at a cost of$3,800 per unit (attached hereto as exhibit "A" is a description of the type "A" lights) and up to 32 type "B" lights at a cost of$2,500 per unit (attached hereto as exhibit"B" is a description of the type "B" lights)("Lighting Fixtures"). E. The intent is to install all of the Lighting Fixtures bye+2, 2002. The fit, purchasing division previously conducted a public bidding process and the lowest responsible ��✓��� bidder was Delta Lighting Systems, Inc. of Chino, California. (Refer to attached design specifications drawing). F. The plan for implementing the Lighting System is that the individual property owners to be benefited by the lighting system ("Property Owners") donate the lighting fixtures to the CRA and CRA is to construct the structural foundations and install all of the necessary infrastructure. rn+re oao v5 P„•:'['Jii; t � 0 1. CRA will open a special ETCW Lighting Fund Account ("Account"). 2. Property Owners will make contributions to Account, equivalent to the cost of the Lighting Fixtures needed for their property. 3. If and only if CRA determines there has been sufficient participation by Property Owners in any one block, then CRA will purchase the necessary quantity of Lighting Fixtures to complete the system for that particular block. a. Sufficient participation in any one block depends on the block's conditions, including but not limited to, the number of Lighting Fixtures the block requires and the quantity of the Lighting Fixtures initially purchased by Property Owners of that block in relation to the cumber of Lighting Fixtures required by the block, and the prospective future participation by Property Owners in that block. 4. Lighting Fixtures shall remain the properly of City. The lighting system will be implemented on a block-by-block basis as property of City. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, agreements, representations and warranties contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Recitals: The above recitals are all true and correct and are hereby incorporated herein. Section 2. Construction of Streets Lights: CRA hereby agrees to construct structural foundations and adequate electrical supply to serve street lighting fixtures in ETCW, and/or benefiting property owned by the Property Owner. CRA and City will build at their own expense all of the supporting infrastructure system and will pay all ongoing energy, bulb replacement and maintenance costs. Such agreement is made subject to the provisions of this Agreement. Section 3. Contribution: Property Owner shall contribute to the Account costs of the actual Lighting Fixtures to benefit his/her property as such costs are established by the quantity and type of light the property requires. If and only if, CRA determines that there has been sufficient participation by the Property Owners, then the fixtures shall be installed on that block, and thereafter operated and maintained by the City. Section 4. Cost: The Lighting Fixtures will be provided by CRA, subject to the terms of this Agreement, as indicated on the attached design specification, at a per unit cost of$3,800 for type "A" units and at a per unit cost of$2,500 for type "B" units. Property Owner's property requires.l.�'4t LA M7080 v5 type "A" fixtures at $3,800 per fixture and ljI (p type "B" fixtures at $2,500 per fixture fora total cost of$ (the "Contract Price"). Section 5. Refunds: Skjall� 7 dpie e had here l es bt e n s�xtffi ei p ci do y P ro Vot..Wn',/ ° "s y n�b c , tlyei i d ref(tn e e y r i h blo io aty tad r o nto i d bri�}a�t ro e y er t e A co nt o o - bo J ae Section 6. Conveyance: Ownership and title to material, equipment and such appurtenances installed including the Lighting Fixtures and the lighting system will automatically and at times be vested in the City. No farther agreement will be necessary to transfer ownership. Section 7. Release; Liability: (a) Property Owner and CRA, City and their officers, directors, employees, agents and representatives (collectively "Parties") fully release each other from any and all liability for injury or damage caused by installation, maintenance, or operation of the Lighting System. (b) Parties shall hold each other harmless from and against any and all claims, actions, snits, legal or administrative orders or proceedings, demands, or other liabilities resulting at any time from the installation, maintenance, or operation of the Lighting System, including, but not limited to, all foreseeable and unforeseeable damages, fees, costs, losses and expenses, including any and all attorneys' fees and consultant fees and investigation costs and expenses, directly or indirectly arising therefrom, and including fines and penalties of any nature whatsoever, assessed, levied or asserted against any Parties to the extent that the fines and/or penalties are the result of installation, maintenance, or operation of the Lighting System. (e) No officer or employee of CRA or City shall be personally responsible for any damage or liability to the Property Owner, or any successor in interest, in the event of any default or breach by CRA or City or for any amount which may become due to the Property Owner or to its successor or for breach of any obligation of the terms of this Agreement. LA#67080 v5 • • IN WITNESS WHEREOF the parties have executed and entered into this Agreement as of the date first written above. "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic f Chairman ATTEST: y, - Assistant Secretary APPROVED AS TO FORM: BURKE, WILLIAMS & SORENSEN, LLP W David J. A�lesliir Agency Counsel PROPS Y WNER By: It : u�in� ►��� '� - e6-VA*(&4VfUW 6Y NQL 6-PAc4L- LA 067080 v5 �;riju_;�%°i'tm�� f��L'' UEnI� is�b�vJ{uJdyfn7YYff` 6�.���1 t TYPE A 'S' P E C IF ICASIONS __ •-5 11 ' LUMINAIRES: ONE PIECE CAST ALUMINUM BALLAST HOUSING WITH AN EXCLUSIVE TWIST LOCK FITTER THE CAST ALUMINUM IS A PURE 356 ALLOY WITH NO FILLERS OR FOREIGN MATERIAL,THE CASTING HAS A UNIFORM THICKNESS OF 188 "`' BRONZE LOGO MINIMUM,THE SPUN ALUMINUM REFLECTOR HOOD IS PURE 1100 ALLOY (BY OTHERS) WITH A MINIMUM.080 WALL THICKNESS THE UNDERSIDE IS PAINTED WHITE -„ REFLECTOR' SPUN ALUMINUM DOME,DESIGNED TO PRODUCE AN ANSI IES CLASSIFICATION © �+ � �• � TYPE V DISTRIBUTION FOR EVEN ILLUMINATION OF THE GLOW RINGS f DIFFUSERS: �,� ONE-PIECE U V STABILIZED OPAL ACRYLIC,SEALED WITH A CLOSED CELL NEOPRENE GASKET, �. ' r �� 28" 171 OUTER RINGS: U.V.STABILIZED 375"THICK CLEAR ACRYLIC THAT PRODUCES A NEON GLOW WHEN THE FIXTURE IS ILLUMINATED.(SEE OPTIONS FOR GLOWING COLORS) BALLASTS: UPPER LUMINAIRE-70 WATT HIGH PRESSURE SODIUM. LOWER LUMINAIRE-70 WATT METAL HALIDE. 24" BOTH ARE 120 VOLT, HIGH POWER FACTOR CORE AND COIL TYPE, — — RATED FOR-20 DEGREES F STARTING.MOUNTED ON A REMOVABLE t--25" t'.- TRAY AND PREWIRED TO A QUICK DISCONNECT PLUG,EACH BALLAST IS THOROUGHLY TESTED PRIOR TO SHIPMENT. 0/ 1 211 LAMPHOLDERS: HEAVY DUTY 600 VOLT MOGUL BASE PORCELAIN 27 T/2°—1 SOCKETS WITH A COPPER ALLOY NICKEL PLATED SCREW T SHELL,LAMP GRIPS,AND A SPRING LOADED CENTER CONTACT. LAMPS: UPPER WMINAIRE-70 WATT HIGH PRESSURE SODIUM.IBY OTHERS)}_24"-� LOWER LUMINAIRE-70 WATT METAL HALIDE.(BY OTHERS) ARMS; 63" UPPER LUMINAIRE-2Yz"IPS ALUMINUM PIPE WITH(3)CAST ALUMINUM DISKS, WELDED TO A ALUMINUM SUPFIIIER,SECURED TO 4"DIA.X 24"SHAFT. LOWER LUMINAIRE-1'Li"IPS ALUMINUM PIPE,WELDED TO A CAST ALUMINUM MOUNTING BRACKET SECURED TO POLE BANNER-1'/n"IPS ALUMINUM PIPE AND EYE BOLT FOR ANCHORING, LOGO: 1 6'-O" 36"DIAMETER"BRONZE"/2 FACES(BY OTHERS) SHAFT: 4"DIAMETER X 24" ALUMINUM EXTENSION WELDED TO AN ALUMINUM SUPFITTER TO SLIPFIT 5"ROUND POLE. POLE: 5"DIAMETER FLUTED ALUMINUM WITH DECORATIVE CAST ALUMINUM BASE COVER, 1 4'-O" ANCHOR BASE,HANDHOLE,HANDHOLE COVER,ANCHOR BOLTS AND GROUNDING LUG. FINISH: ALL EXPOSED SURFACES ARE SANDED THOROUGHLY,CLEANED AND DEGREASED. A PRETREATMENT WASH PRIMER IS APPLIED AND IS SPRAYED WITH A TWO PART HIGH SOLID U.V.STABILIZED POLYURETHANE COATING TO A MINIMUM OF 3.0 MILS THE FINISH MEETS SALT SPRAY RESISTANCE TEST ASTM B117 95 DEGREE F,5%SOLUTION OF 1000 _ HOURS EXPOSURE TEST.COLOR TO BE PREMIUM VERDIGRIS WITH AN ANTI-GRAFITTI CLEAR COAT FINISH. U.L.: U.L.LISTED SUITABLE FOR WET LOCATION. LIGHTING SYSTEMS ENGINEERING DESIGN DEPT. TITLE: "GR"SERIES WALKWAY LUMINAIRE 112.61 NOTE: DELTA LIGHTING MUST H WITH UPPER ROADWAY LIGHTING T APPROVED DRAWING BEFO DRAWN BY: SIZE DRAWING NO.: BEV. 7: START OF FABRICATION P. wETZEL DJ-2894 R2 JI uLl:.._...! DATE: ! .0" OPTIONS: DUPLEX RECEPTACLE 3-30-01 _ APP'D: SCALE: 3/8" = PO" SHEET: 1 OF 1 B'Clr. TYPE "B" 'S' P E C I F I C A I O N S LUMINAIRF.: ONE PIECE CAST ALUMINUM BALLAST HOUSING WITH AN EXCLUSIVE TWIST LOCK FITTER.THE CAST ALUMINUM IS A PURE 356 ALLOY WITH NO FILLERS OR FOREIGN MATERIAL,THE CASTING HAS A UNIFORM —} THICKNESS OF,188 MINIMUM,THE SPUN ALUMINUM REFLECTOR HOOD IS PURE 1100 ALLOY WITH A MINIMUM .080 WALL THICKNESS.THE UNDERSIDE IS PAINTED WHITE. 24" REFLECTOR: 25" SPUN ALUMINUM DOME,DESIGNED TO PRODUCE AN ANSI IES CLASSIFICATION TYPE V DISTRIBUTION FOR EVEN ILLUMINATION OF THE GLOW RINGS. 1 2" DIFFUSER: _ ONE-PIECE U.V.STABILIZED OPAL ACRYLIC,SEALED WITH A 291h° CLOSED CELL NEOPRENE GASKET. — 27 h"—T OUTER RINGS: U.V STABILIZED.375"THICK CLEAR ACRYLIC THAT PRODUCES A NEON GLOW WHEN THE FIXTURE IS ILLUMINATED. — — I (SEE OPTIONS FOR GLOWING COLORS) 24„ t BALLAST: 70 WATT METAL HALIDE, 120 VOLT, HIGH POWER FACTOR CORE AND COIL TYPE,RATED FOR 63" -20 DEGREES F STARTING,MOUNTED ON A REMOVABLE TRAY AND PREWIRED TO A QUICK DISCONNECT PLUG.EACH BALLAST IS THOROUGHLY TESTED PRIOR TO SHIPMENT. LAMPHOLDER: HEAVY DUTY 600 VOLT MOGUL BASE PORCELAIN SOCKET WITH A COPPER ALLOY NICKEL PLATED SCREW SHELL,LAMP GRIPS,AND A SPRING LOADED CENTER CONTACT. LAMP: 16'-4" 70 WATT METAL HALIDE.(BY OTHERS) BANNER ARM: 1'/a"IPS ALUMINUM PIPE AND EYE BOLT FOR ANCHORING. i LAMP: 70 WATT METAL HALIDE, (BY OTHERS) SHAFT: 14'-0" 4"DIAMETER X 24" ALUMINUM EXTENSION WITH A 4"ALUMINUM BALL CAP, WELDED TO AN ALUMINUM SLIPFITTER TO SLIPFIT 5"ROUND POLE. POLE: 5"DIAMETER FLUTED ALUMINUM WITH DECORATIVE CAST ALUMINUM BASE COVER, ANCHOR BASE, HANDHOLE,HANDHOLE COVER,ANCHOR BOLTS AND GROUNDING LUG. FINISH: ALL EXPOSED SURFACES ARE SANDED THOROUGHLY,CLEANED AND DEGREASED. A PRETREATMENT WASH PRIMER IS APPLIED AND IS SPRAYED WITH A TWO PART HIGH SOLID U.V. STABILIZED POLYURETHANE COATING TO A MINIMUM OF 3.0 MILS.THE FINISH MEETS SALT SPRAY RESISTANCE TEST ASTM BI 17 95 DEGREE R,5%SOLUTION OF 1000 HOURS EXPOSURE TEST. COLOR TO BE PREMIUM VERDIGRIS WITH AN ANTI-GRAFITTI CLEAR COAT FINISH. ! U.L.: U.L.LISTED,SUITABLE FOR WET LOCATION. LIGHTING SYSTEMS ENGINEERING DESIGN DEPT, 12 TITLE: "GR" SERIES LUMINAIRE t 7 NUIE: DELIA LlGviJi,IG NI ' SINGLE POLE MOUNT APPROVED ORAWINI j DRAWN BY: SIZE DRAWING NO.: REV. START OF FABRICAI P wETZEL DJ-2893 Tn.o' DATE: 1 R2 B.CII. 3-30-01 APP'D: SCALE: 1/2" = 1' 0" SHEET: 1 OF 1 OPTION: DUPLEX RECEPTACLE.