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Home My WebLink About00100C - PA1B6 DESERT WATER AGENCY DWA DESERT FASHION PLAZA 3 Desert Water Agency - provide facilities for Des Fash Plaza expansion, PA#lB4-6 AGREEMENT #100, orig 10-10-84 Res 256, 10-3-84 AGREEMENT -- ---.THIS AGREEMENT, made this `T day of dG?4OK441 , / f�P7', CITY OF PALM SPRINGS by and between COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Subdivider") , and DESERT WATER AGENCY, a public agency, (hereinafter referred to as "Desert") . R E C I T A L S 1 . Subdivider desires to procure water service to Desert Fashion Plaza in Ststion I T4S , R4F 2. Desert agrees to provide domestic water service to said Tract upon certain terms and conditions which Subdivider has found to be acceptable. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows : 1. Desert agrees to provide domestic water service to the aforesaid Desert Fashion Plazain compliance with its applicable rules , regulations , ordinances and orders when, as and if Subdivider has complied with the terms and conditions contained herein. 2. Subdivider agrees to construct and convey the water facilities necessary for aforesaid Desert Fashion Plaza in accordance with the following terms and conditions : -1- A. Subdivider will cause the following water facilities to be constructed by a qualified licensed contractor approved in advance by Desert , and Subdivider will , at its expense, furnish all materials , labor and equipment actually necessary to construct the water facilities required: 105 L .F . - 12" CML-CMC Steel Main 1376 L. F. - 12" A.C . Class 150 Main 1 Each - 6" Commercial Fire Hydrant 3 Each - 8" Fire Service 1 Each - 4" Multiple Service 8 Each - 2" Services 1 Each - 1" Service B. Said water facilities will be constructed and installed in full compliance with all applicable rules , regulations and ordinances of Desert including, but not limited to , Desert 's "Regulations Covering Domestic Water Service Main Extensions . " C . Specifications and construction plans for said facilities shall be submitted to and approved by Desert prior to the presentation thereof to contractors for bidding purposes and said facilities shall be constructed and installed in full compliance with said approved specifica- tions and plans . D. Said installation shall be subject to the inspection, acceptance and approval of the General Manager of Desert, or such person appointed by him to approve said job, and said installation shall not be tied to any existing pipelines of Desert, except for purposes of chlorination or -2- A 3 r � PA testing, and no water service shall be provided until said inspection, acceptance and approval have been delivered to Subdivider in writing. E. Subdivider will , on demand, pay the wages of an inspector , at the rate of $ 26.00 per HOUC for the actual time required as determined by Desert, to inspect the construction of the water system. The inspector shall be appointed by and work under the supervision of Desert, and shall perform an inspection of construction until the water system is accepted and approved as stated herein. F. Upon the request of Subdivider, Desert will furnish to the appropriate departments of the County of Riverside, California, or the Division of Real Estate or Division of Corporations of the State of California, a letter from Desert indicating that financial arrangements have been made for the construction of said water facilities for said subdivision, and that Desert is willing to provide domestic water service thereto, provided that at the time of such request: (1) Subdivider shall have complied with all of the provisions of this Agreement applicable as of that time, and (2) Subdivider shall have furnished to Desert such improvement security relating to said water facilities as is authorized by Section 66499 of the Government Code, in a form acceptable to Desert . -3- G. Subdivider will provide easements and rights of way satisfactory to Desert for all lines and services installed in said Tract pursuant to the terms hereof, said easements to be sufficient for the service and main- tenance thereof, or will obtain the necessary encroachment permits from appropriate public bodies in lieu of said easements . H. Subdivider will indemnify and hold harmless Desert from any and all claims for damages to property or injuries to persons arising by reason of or in any manner connected with said installation, such indemnification to include any attorneys ' fees and court costs included in connection therewith. I . Upon completion of said construction of water facilities , and following the delivery to Desert of a recorded Notice of Completion, together with a title report or other evidence acceptable to Desert , evidencing that said construction is complete, and that all labor and materials therefor have been fully paid for, and after all sums due to Desert hereunder have been paid in full and as built drawings of said water facilities have been delivered to Desert, Subdivider will convey the entire said system to Desert together with the easements or encroachment permits above described. All deeds, bills of sale, assignments or other appropriate instruments of transfer shall be prepared, executed and delivered in the form and manner prescribed or approved by Desert . �Q J . (1) Subdivider hereby guarantees that all materials and workmanship furnished under this contract will meet fully all requirements of Desert as to quality of workmanship and of materials furnished by Subdivider. Subdivider hereby agrees to replace all materials and pay for all installation costs , made necessary by defects in materials or workmanship supplied by Subdivider that become evident within one (1) year after the date of conveyance of the system to Desert and pay for all work necessary to remove, restore and replace the materials to full service- ability and to full compliance with the requirements provided by Desert pursuant to this Agreement, including the test requirements for any part of the materials furnished hereunder which, during said one-year period, are found to be deficient with respect to said requirements . Subdivider also agrees and does hereby hold Desert harmless from any claims of any kind which may arise from damage due to said defects . Subdivider shall replace all defective materials promptly upon receipt of written orders for same from Desert. If Subdivider fails to replace all defective materials promptly, Desert may secure the service of others to do this work, and Subdivider and its surety shall be liable to Desert for the cost , including removal and replacement thereof. (2) The guarantees and agreements set forth in Subsection (1) hereof shall be secured by a surety bond -5- which shall be delivered by Subdivider to Desert at or before the conveyance of said system to Desert . Said bond shall be in an approved form and executed by a surety company or companies satisfactory to Desert in the amount of $ $2,500 or 10% which ever is greater. Said bond shall remain in force for a period of one year from the date of written acceptance . 3 . It is understood that all connections to existing water facilities will be made by Desert for the actual cost of the material , labor and equipment charges necessary to complete said connections. 4. It is understood that all meters will be set by Desert at the same time service is requested by each customer; said meters will be installed at the Agency's then regular price for installing a meter only. Such cost will be paid by the customer requesting service . S . In the event that either party shall fail to perform its part of this Agreement, and suit shall be commenced, or an attorney employed to enforce the provisions thereof, the party who fails to perform his part of the Agreement agrees to pay any and all costs involved therein, and to pay a reasonable attorney' s fee. 6. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto, and each of them. -6- cry 7 . This Agreement contains all of the terms and conditions agreed upon by the parties hereto , and no other agreements , oral or otherwise, shall be deemed to exist or to bind the parties hereto unless hereafter duly placed in writing and executed by the undersigned. DATED: ��17J�f rG v' d Z;' C ?r DESERT WATER AGENCY r By SUBDIVIDER F By I COMMUNITY REDEVELOPMENT AGENCY Exq-c, Director III Attes � u — _ `s5�V Secretary APPROVED BY THE CRA BY RES. 256, 10-3-84 euty (��u`cG: 7 '"° � DESERT WATER AGENCY A PUBLIC AGENCY 1200 GENE AUTRY TRAIL SOUTH, P.O.DRAWER 1707 • PALM SPRINGS,CALIFORNIA 92263-1707 TELEPHONE(619)323-4971 WALTER H.HUTCHINSON PAULG PAYNE president General Manager F GILLAR BOYD.JR. BEST,BEST d KRIEGER Vice President General Counsel OBERT E.HIRD KRIEGER AND STEWART Secretary ecreLary Treasurer Consulting Engineers . B R.SHARP AND COMPANY EDITH A,SPITZER Cerhfled Public Accountants WALTER E.COLGLAZIER August 23, 1984 Auditors John Terell Palm Springs Redevelopment Agency 161 S. Civic Drive, Ste. 8 Palm Springs, Ca. 92262 Re: Desert Fashion Plaza Dear John: This letter will serve as the revised estimate of costs for the above project. The following is an estimate of costs for charges and work to be done by this Agency: , I. Charges on Invoice: *1 - 1Y' Customer Control Valve (Existing Retail) . . . . . . . $ 70.00 ° *1 - 1Y" Customer Control Valve (Hotel) - . . . . . . . . . . . 70.00 ° *3 - 2" Customer Control Valves (Existing Retail) . - . . . . 270.00 ° *1 - 2" Customer Control Valve (Sak's) . . . . . . . . . . . . 90.00 e 1 - 2" Customer Control Valve (Magnin's) . - - . . . . . . . 90.00 " *2 - 2" Customer Control Valves (Hotel) . . - - . . . - . . . 180.00 ° *1 - 2" Double Check Device (Sak's) . . . . . . . . . . . . . 600.00 ° 1 - 2" Double Check Device (Magnin's) . . . - . . . - . . . . 600.00 ° *Book Value 750' - 8" Main (Parking Lot North of Tahquitz-McCallum) . . . . . . . . . . . . . . . . . . . . 2,603-37 ° *Book Value 310' - 8" Main (Andreas Road) . - . . . - . . . . . 1,076.06 t TOTAL CHARGES ON INVOICE: . . . . . - . - $3,649.43 'DeBartolo's Cost ±Agency's Cost , C ASSURED WATER FOR THE FUTURE OF PALM SPRINGS.CATHEDRAL CITY AND DESERT HOT SPRINGS � ! � Palm Springs Redevelopment Agency r- August 23, 1984 Page 2 II. Adjustable Funds: *1 - 6" Manifold with 4-2" Services & Reduced Pressure Backflow Device Complete (Tahquitz-McCallum) . . . . . $ 8,000.00 ° *1 - 4" Manifold with 3-2" Services & Reduced Pressure Backflow Device Complete (Belardo Road-Hotel) . . . . 7,500.00 0 *1 - 8" Fire Service (Hotel) . . . . . . . . . . . . . . . . . 12,300.00 ° *1 - 6" Commercial Fire Hydrant (Hotel) . . . . . . . . . . . 3,500.00 " *Abandon Main in Place (Parking Lot, Tahquitz-McCallum) . . . 1,000.00 ° *Abandon Fire Hydrant (Parking Lot, Tahquitz-MCCallum) . . . . 200.00 ± *Abandon Services (Palm Canyon, Amado & Museum Drive) . . . . 2,600.00 ° 1 - 4" Service Tie-in (Hotel) . . . . . . . . . . . . . . . . 131.00 ° 1 - 6" Fire Hydrant tie-in (Hotel) . . . . . . . . . . . . . 582.00 ° 1 - 8" Fire Service Tie-in (Hotel) . . . . . . . . . . . . . 720.00 ° 1 - 6" Fire Hydrant Relocation (South Parking Lot to Tahquitz-McCallum) . . . . . . . . . . . . . . . . . . 3,000.00 ° 1 - 8" Fire Service Double Check Device (Sak's) . . . . . . . 9,103.50 ° 1 - 8" Fire Service Double Check Device (Magnin's) . . . . _ 9,103.50 1 - 8" Fire Service Double Check Device (Museum) . . . . . . 9,103.50 ° 1 -10" Main Tap (Palm Canyon) . . . . . . . . . . . . . . . . 2,606.00 ± 1 - 8" Main Tie-in (Belardo-Amado) . . . . . . . . . . . . . 1,080.00 ± **Relocate Services (O'Donnell) . . . . . . . . . . . . . . . . 2,000.00 ± **Relocate Meters (Museum) . . . . . . . . . . . . . . . . . . 800.00 + Project Deposit. . . . . . . . . . . . . . . . . . . . . . . 5,000.00 °± 'DeBartolo 's Cost TOTAL ADJUSTABLE FUNDS: . . . . . . . . . $78,329.50 ±Agency's Cost TOTAL PROJECT REQUIREMENTS: . . . . . . . $83,978.93 *Included in City of Palm Springs P.O. ,#D-03600 **Included in City of Palm Springs P.O. OD-03758 We STRONGLY URGE you to carefully read the enclosed "Agreement for service" and discuss any questions that you may have with the undersigned. Upon receipt of the executed agreement and deposits -- as outlined on Page 2 of this letter, we will sign the water plan. "Adjustable Funds" are estimates only, subject to' any price change and open to final accounting. Any monies remaining above actual costs will be returned to you and any difference above estimates will be billed to you. The project deposit is for inspection time and miscellaneous expenses. Any monies remaining above actual costs, etc., will be refunded upon completion of all paperwork requirements for this project. "Charges on Invoice" are established amounts and not subject to adjustments. Prices are subject to change without notice. 0 Palm Springs Redevelopment Agency August 23, 1984 Page 3 It is understood the water main and related facilities shall become the sole property of the Desert Water Agency upon completion and acceptance by the Desert Water Agency of the facilities into their water system. A pre-construction conference will be required. The meeting is to be held at a time and date convenient to you and will be held at this Agency's office. Those present are to include - D.W.A. Inspector, D.W.A. Engineering Representative, Contractor's Representative and the Developer's Representative. Arrangements for this meeting are to be made by you after you have received this Agency's written approval of contractor and written approval of your proposed material list. Upon receipt of the cash requirement $83,978.93, we will order the material. As orders are on a 120-day delivery basis, please allow for this time in your schedule. (Except fire service double check devices, most material available delivered within 30 days) . Very truly yours, DESERT WATER AGENCY Sherr/�togner Engineering Department SLS/ljw Encl. �l , W,`' DESERT WATER AGENCY A PUBLIC AGENCY 1200 GENE AUTRY TRAIL SOUTH,P.O.DRAWER 1707 • PALM SPRINGS,CALIFORNIA 92263-1707 TELEPHONE(619)323-4971 WALTER H.HUTCHINSON PAUL G.PAYNE President General Manager F.GULAR BOYD,JR. !' BEST,BEST&KRIEGER Vice President General Counsel ROBERT E.HIRD KRIEGER AND STEWART S Consulting Engineers Secretary Treasurer B.R.SHARP AND COMPANY EDITH A.SPITZER CertlOetl Public Accountants WALTER E.COLG LAZIER r October 4, 1984 Auditors Mr. Harold Norris E.J. De Bartolo Corporation 119-"L N. Palm Canyon Drive Palm Springs , Ca. 92262 Re : Desert Fashion Plaza Dear Mr. Norris : Per our recent conversation, I have prepared an estimate to relocate the existing fire hydrant on North Palm Canyon to clear the entrance to Sak's . This Agency has decided to share in the cost to bring the head up to standard. Your share of the reinstallation is $4 , 230 .00 . Please obtain written approval from the fire department to relocate the hydrant and submit to this Agency. The funds must come from the City of Palm Springs , as previously discussed. Very truly yours , DESERT WATER AGENCY Sherry L. Stegner Engineering Department SLS/ljw cc: John Terell ASSURED WATER FOR THE FUTURE OF PALM SPRINGS,CATHEDRAL CITY AND DESERT HCH CPRINGS