2003 11 04 RDAefr# 4 449ha
Redevelopment Agency Agendas are
Available on the City's Web Page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, November 4, 2003 - 2:00 P.M.
Beginning Resolution No. RA 2003-19
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph; Osborne, Perkins, Sniff, and Chairperson Henderson
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes. Please watch the timing device on the podium.
CLOSED SESSION
NOTE: Time permitting, the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, persons identified as negotiating parties
are not invited into the Closed Session meeting when the Agency is considering acquisition
of real property.
1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION
OF 525 ± ACRES LOCATED A THE SOUTHWEST CORNER OF AVENUE 52 AND
JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: HOPE DESERT CLASSIC.
Redevelopment Agency Agenda 1 November 4, 2003
2. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL
PROPERTY LOCATED WEST OF THE ALL AMERICAN CANAL ADJACENT TO THE
SANTA ROSA MOUNTAINS. PROPERTY OWNER/NEGOTIATOR: LARRY
LICHLITER, KSL.
3. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL
PROPERTY LOCATED EAST OF DUNE PALMS ROAD AND 650 FEET SOUTH OF
HIGHWAY 111, WHICH INCLUDES OR IS A PORTION OF APN NOS. 649-030-016,
017 AND 040, FOR AN AFFORDABLE HOUSING AGREEMENT. PROPERTY OWNER
NEGOTIATOR: ANNE J. MAZZELLA AND SKYLINE PACIFIC PROPERTIES.
4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(c) - INITIATION OF LITIGATION (ONE MATTER)
RECONVENE AT 3:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the Agency Board on items that appear
within the Consent Calendar or matters that are not listed on the agenda. Please complete
a "request to speak" form and limit your comments to three minutes. When you are called
to speak, please come forward and state your name for the record. Please watch the
timing device on the podium.
For all Agency Business Session matters or Public Hearings on the agenda, a completed
"request to speak" form should be filed with the City Clerk prior to the Agency beginning
consideration of that item.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF SPECIAL MEETING OF SEPTEMBER 30, 2003
2. APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 21, 2003.
Redevelopment Agency Agenda 2 November 4, 2003
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 4, 2003.
2. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445(b) AND AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE FISCAL YEAR 2003/2004 MISCELLANEOUS
STREET IMPROVEMENTS, PROJECT NO. 2003-07.
3. APPROVAL OF A PARKING SERVICE LICENSE AGREEMENT WITH THE BOB HOPE
CHRYSLER CLASSIC FOR USE OF A PORTION OF SILVERROCK RANCH FROM
DECEMBER 29, 2003 THROUGH FEBRUARY 6, 2004.
BUSINESS SESSION
1. CONSIDERATION OF SILVERROCK RANCH GOLF COURSE PRELIMINARY
GRADING AND LANDSCAPE PLAN.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH HEINBUCH
GOLF, LLC, TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR
SILVERROCK RANCH.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC
ADVANCED ENGINEERING SERVICES, INC. (PACE) TO PROVIDE WATER
RESOURCES DESIGN SERVICES FOR SILVERROCK RANCH.
A. MINUTE ORDER ACTION
4. CONSIDERATION OF AN AGREEMENT FOR PURCHASE AND SALE BETWEEN THE
REDEVELOPMENT AGENCY AND SHEILA WELDON, TRUSTEE AND HER
SUCCESSORS IN TRUST UNDER THE WELDON TRUST, FOR PROPERTY LOCATED
AT 78-990 MILES AVENUE, SUBJECT TO THE COMPLETION OF ENVIRONMENTAL
DOCUMENTATION AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
A. MINUTE ORDER ACTION
Redevelopment Agency Agenda 3 November 4, 2003
5. CONSIDERATION OF A MODIFICATION TO THE OPERATING AND USE
AGREEMENT WITH THE LA QUINTA HISTORICAL SOCIETY TO OPERATE THE
LA QUINTA MUSEUM.
A. MINUTE ORDER ACTION
STUDY SESSION
1. DISCUSSION REGARDING STATUS REPORT ON SILVERROCK RANCH.
2. DISCUSSION OF ENTRY CONCEPT PLANS AND CONCEPTUAL PERIMETER
LANDSCAPE PLANS FOR SILVERROCK RANCH.
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS — NONE
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on
November 18, 2003 commencing with closed session at 2:00 p.m. and open session at
3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing
agenda for the La Quinta Redevelopment Agency meeting of Tuesday, November 4, 2003,
was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on
the bulletin board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630
Highway 111, on Friday, October 31, 2003.
DATED: October 31, 2003
JUNE S. GREEK, CIVIC, City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 4 November 4, 2003 3
COUNCIL/RDA MEETING DATE: NOVEMBER 4, 2003
ITEM TITLE:
Demand Register Dated November 4, 2003
It is recommended the Redevelopment Agency Board:
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
Receive and File the Demand Register Dated November 4, 2003 of which $569,593.34
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
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COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE: Adoption of a Resolution Making
Certain Findings Pursuant to Health and Safety Code
Section 33445(a) and Authorizing the Expenditure of
Funds for the Fiscal Year 2003/2004 Miscellaneous
Street Improvements, Project No. 2003-07
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION
PUBLIC HEARING:
Adopt a Resolution of the La Quinta Redevelopment Agency making certain
findings pursuant to Health and Safety Code Section 33445(a), and authorizing the
expenditure of funds for the 2003/2004 Miscellaneous Street Improvements
Project.
FISCAL IMPLICATIONS:
The following represents the project's approved funding and funding sources:
Project Area No. 1 - Bermudas Sidewalk Improvements
Funding Source Account No. Amount
S13821-Bicycle and Pedestrian Facilities 401-000-466-487 $52,877.00
RDA Project Area No. 1 Funds (Sidewalk) 401-000-493-000 $21,973.00
Sub Total: $74,850.00
Project Areas No. 2 and 3 - Madison Street Rehabilitation Improvements
Funding Source Account No. Amount
Gas Tax 401-000-493-000 $205,206.00
Total Funding Project Areas 1-3: $280,056.00
As illustrated, the total available funding currently assigned to the individual
projects that make up the proposed Fiscal Year 2003/2004 Miscellaneous Street
Improvements, Project No. 2003-07 is $280,056.00. Because the project includes
matching funds from RDA 1 in order to construct the Bermudas* Sidewalk
Improvements the Agency is required to adopt the attached resolution approving
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the expenditure of agency funds. A corresponding item authorizing the approval of
the design request for proposals is included on the City Council agenda.
The following represents the anticipated project budget for all three project areas:
Construction:
Design:
Insp/Test/Survey:
Administration:
Contingency:
Total:
$207,125.00
$20,798.00
$16,078.00
$10, 600.00
$25,455.00
$280,056.00
As illustrated, adequate funding is available to support staff's recommendation.
BACKGROUND AND OVERVIEW:
The Fiscal Year 2003/2004 Capital Improvement Plan (CIP) approved by the City
Council on May 20, 2003 assigned RDA Project Area No. 1 funding toward
miscellaneous sidewalk improvements to be identified on a project by project basis.
On May 20,. 2003, the City Council approved an SB 821 Program grant application
in the amount of $59,880 for installing sidewalk on Avenida Bermudas between
Avenue 52 and Calle Estado. The City Council was informed that the total cost of
the proposed sidewalk improvements was estimated at $74,850 and that the
City's match would be funded with the RDA Project Area No. 1 Funds (Account
Number 401-000-493-000) set aside for sidewalk improvements in the City's
2003-2004 CIP.
On July 22, 2003, the City received notification that the Riverside County
Transportation Commission (RCTC) approved $52,887 for installing Sidewalk
Improvements on Avenida Bermudas.
On August 19, 2003, the City Council appropriated $205,206 from Gas Tax Funds
and directed staff to implement the 2003/2004 Annual Pavement Preservation and
Maintenance Program. The funding is for pavement rehabilitation on Madison
Street, from Vista Bonita to Avenue 52, and on Madison Street, from Avenue
56/Airport Boulevard to 2,640 linear feet north of Avenue 56/Airport Boulevard.
The proposed Fiscal Year 2003/2004 Miscellaneous Street Improvements include:
no
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Project Area No. 1 - Avenida Bermudas Sidewalk Improvements (Avenue 52 to
Calle Estadio)
The proposed improvements include installing a 6-foot wide concrete sidewalk on
the east side of Avenida Bermudas, from Avenue 52 to Calle Estado, approximately
745 linear feet. The project will include installing 13 handicap access ramps and
approximately 745 linear feet of 2" electrical conduit with 10 pull boxes and 10
pole base foundations. The electrical conduit, pull boxes, and pole base
foundations will be appropriately placed to allow for the future installation of
decorative walkway lighting.
Project Area No. 2 - Madison Street Rehabilitation (Avenue 52 to Vista Bonita)
The proposed improvements include rehabilitating the pavement within the existing
12' travel Kane on the west side of Madison Street from Avenue 52 to Vista Bonita
to approximately 2,640 linear feet to the north. The design engineer will review
the existing pavement condition, remediation method and project limit
recommendations from the Pavement Management Program in order to determine
the most appropriate and cost effective pavement rehabilitation method.
Project Area No. 3 - Madison Street Rehabilitation (Avenue 56/Airport Boulevard to
approximately 2,640 linear feet north)
The proposed improvements include rehabilitating the pavement within the 2
southbound travel lanes, (32 feet wide) on the west side of Madison Street from
Avenue 56/Airport Boulevard to approximately 2,640 linear feet north. The design
engineer will review the existing pavement condition, remediation method and
project limit recommendations of the Pavement Management Program in order to
determine the most appropriate and cost effective pavement rehabilitation method.
The Consultant Selection Process outlined within City Resolution 96-80 shall be
followed. In accordance with Resolution 96-80, the City Council is notified of the
potential need to contract for professional services in excess of $10,000.
Contingent upon Agency authorization to distribute the RFP on November 4, 2003,
the following represents how the project is scheduled to proceed:
Issue RFP
Proposal Due Date
Consultant Selection Process
Recommendations to City Council
Project Design (6 months)
November 5, 2003
December 3, 2003
December 4 - December 31, 2003
January 6, 2004
January - June 2004
3
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
1 . Adopt a Resolution of the La Quinta Redevelopment Agency making certain
findings pursuant to Health and Safety Code Section 33445(a), and
authorizing the expenditure of funds for the 2003/2004 Miscellaneous Street
Improvements Project; or
2. Do not Adopt a Resolution of the La Quinta Redevelopment Agency making
certain findings pursuant to Health and Safety Code Section 33445(a), and
authorizing the expenditure of funds for the 2003/2004 Miscellaneous Street
Improvements Project; or
3. Provide staff with alternative direction.
Respectfully submitted,
imothy R nas , P.E.
Public Wor Dire or/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
4
RESOLUTION NO. RA 2003-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION
33445(a) AND AUTHORIZING THE EXPENDITURE OF
FUNDS FOR THE FISCAL YEAR 2003/2004
MISCELLANEOUS STREET IMPROVEMENTS, PROJECT NO.
2003-07
WHEREAS, the Fiscal Year 2003/2004 Capital Improvement Plan (CIP)
approved by the City Council on May 20, 2003 assigned RDA Project Area No. 1
funding toward miscellaneous sidewalk improvements to be identified on a project by
project basis; and
WHEREAS, on May 20, 2003, the City Council approved an SB 821
Program grant application in the amount of $59,880 for the installation of a sidewalk
on Avenida Bermudas between Avenue 52 and Calle Estado. The City Council was
informed that the total cost of the proposed sidewalk improvements was estimated at
$74,850 and that the City's match would be funded with the RDA Project Area No. 1
Funds (Account Number 401-000-493-000) set aside for sidewalk improvements in
the City's 2003-2004 CIP; and
WHEREAS, on July 22, 2003, the City received notification that the
Riverside County Transportation Commission (RCTC) approved $52,887 for use in the
installation of the proposed Avenida Bermudas Sidewalk Improvements; and
WHEREAS, on August 19, 2003, the City Council appropriated $205,206
from Gas Tax Funds and directed staff to implement the 2003/2004 Annual Pavement
Preservation and Maintenance Program. The funding appropriation was assigned
toward the recommended pavement rehabilitation improvements on Madison Street,
from Vista Bonita to Avenue 52, and on Madison Street, from Avenue 56/Airport
Boulevard to 2,640 linear feet north of Avenue 56/Airport Boulevard; and
WHEREAS, there is inadequate funding within the City's General Fund or
from other sources to construct the Fiscal Year 2003/2004 Miscellaneous Street
Improvements, Project No. 2003-07; and
WHEREAS, it would be in the best interest of the public to construct the
Fiscal Year 2003/2004 Miscellaneous Street Improvements, Project No. 2003-07.
NOW, THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment
Agency as follows:
119/015610-0048
414213.01 a10/30/03
%1
5
Resolution RA 2003-
La Fonda Street Enhancements
Adopted: August 19, 2003
Page 2
SECTION 1. The above recit tions are true and correct and are adopted
as the findings of the Agency Board.
SECTION 2. The Agency Bo rd hereby authorizes Agency funding to be
utilized for the Fiscal Year 2003/2004 Mis ellaneous Street Improvements, Project No.
2003-07.
SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the
Agency finds and determines that:
A. The construction of the Fiscal Year 2003/2004 Miscellaneous Street
Improvements, Project No. 2003-07 is of benefit to the Project Area.
B. No other reasonable means of fina cing the improvements are available to the
community.
PASSED, APPROVED and A OPTED at a regular meeting of the La Quinta
Redevelopment Agency held on this 4th da of November, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
TERRY HENDERSON, Chair
La Quinta Redevelopment Agency
119/015610-0048
414213.01 a10/30/03
i0
0
Resolution RA 2003-
La Fonda Street Enhancements
Adopted: August 19, 2003
Page 3
ATTEST:
JUNE S. GREEK, CMC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency, California
119/015610-0048
414213.01 a10/30/03
11
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COUNCIL/RDA MEETING DATE: November 4, 2003
AGENDA CATEGORY:
ITEM TITLE: Approval of a Parking Service License
BUSINESS sEssloN:
Agreement with the Bob Hope Chrysler Classic for Use
CONSENT CALENDAR:
of a Portion of SilverRock Ranch from December 29,
2003 through February 6, 2004
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve a Parking Service License Agreement with the Bob Hope Chrysler Classic and
authorize the Executive Director to execute the agreement.
FISCAL IMELICATIONS:
The Hope Classic will deposit $5,000 with the Agency, which consists of a $4,500
remediation deposit and a $500 administrative fee. The remediation deposit is
refundable once the Hope Classic has performed any necessary clean-up, repairs and/or
replacements on the subject property to the Agency's satisfaction. The administrative
fee covers administrative and attorney costs for the preparation and administration of
this agreement, and is not refundable.
BACKGROUND AND OVERVIEW:
In the past, the Bob Hope Chrysler Classic has utilized vacant property on SilverRock
Ranch, located at the northwest corner of Jefferson Street/Avenue 54 and at Avenue
54, west of Jefferson Street, near the All -American Canal, to provide parking for
events at PGA West. In a letter dated October 8, 2003, the Hope Classic is again
requesting to use this property on January 24-25, 2004, with access allowed four
weeks prior for site preparation and two weeks afterwards for site clean-up
(Attachment 1) .
Given that the development schedule for SilverRock Ranch anticipates mass grading
operations to begin in January 2004, staff recommends restricting Hope Classic
access to that property east of the Kennedy Ranch site. Staff has contacted Hope
Classic officials, and they have indicated that the proposed revision is acceptable.
The Parking Service License Agreement (Attachment 2) requires the Hope Classic to
add the City and Agency as additional insureds to their general liability policy with a
$5,000,000 limit and to provide business auto coverage of $500,000 on all
tournament vehicles used in connection with this agreement. The Hope Classic must
also clean and make all necessary repairs or replacements to the property, which could
include turf, landscaping, irrigation equipment, as well as provide soil stabilization
measures.
FINDINGS SAND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve a Parking Service License Agreement with the Bob Hope Chrysler
Classic and authorize the Executive Director to execute the agreement; or
2. Do not approve a Parking Service License Agreement with the Bob Hope
Chrysler Classic and do not authorize the Executive Director to execute the
agreement; or
3. Provide staff with alternative direction.
Respectfully submitted,
" L �L
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Letter from the Bob Hope Chrysler Classic dated October
8, 2003
2. Parking Service License Agreement
2
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10- 8-03; 1:46PM;BOB HOPE CLASSIC
;760 346 6329 ?2 2/ 2
ATTACHMENT 1
BOB HOPE CHRYSLER CLASSIC
Post Office Box 865, Rancho Mirage, California 92270
Bob Hope Classic Building, 39000 Bob Hope Drive, Rancho Mirage, California 92270
(760) 346-8184 1-888-MR B HOPE - FAX (760) 346-6329
Web Site: www/bhcc.com - E-Mail: info@bhcc.com • bhccadmin@bhcc.com
Mr Jerry Herman
Community Development Director
City of La Quinta
78-495 Calle Tampico
• La Quinta, CA 92253
October 8, 2003
Dear Mr Herman,
The Bob Hope Chrysler Classic requests the use of the City owned property, at
the Southwest comer of Jefferson St and Avenue 54, for public parking for next
years Golf Tournament.
This property allows the Tournament, an excellent area, from which to transport
the public to the Arnold Palmer Course at PGA West. .
A second lot, West on Avenue 54, across from the back gate, going into The
Club is also being requested for hospitality parking.
These lots which the Tournament has used in previous years, were requested
from KSL, prior to the acquisition by the City of La Quinta.
The dates of the TournamentareJanuary 19-25, 20�04, however these lots would
only be used Saturday the 24 , and Sunday the 25 . If these lots were available
to The Classic, fours weeks prior to use for preparation and clearing the brush, it
would be very much appreciated,
The Classic would stabilize the ground prior to use, and after the event to meet
,the PM -10 requirements.
The City would be included in the Classic's liability insurance for $10 million.
Jerry, I want to thank you in advance for your consideration, and look forward to
another successful event, working with the City of La Quinta.
Sincerely,
yam" AMA
Mike Milthorpe
Tournament Director
314
ATTACHMENT 2
PARKING SERVICE LICENSE AGREEMENT
THIS PARKING SERVICE LICENSE AGREEMENT (the "Agreement") is made
effective this day of November 2003, by and between the La Quinta Redevelopment
Agency ("Agency") and Desert Classic Charities, dba Bob Hope Chrysler Classic
("Contractor");
RECITALS
WHEREAS, Agency is the owner of certain real property located in the City of La
Quinta, California, as depicted on Exhibit "A" attached hereto (the "License Property");
WHEREAS, Contractor is producing a professional golf tournament commonly known as
the Bob Hope Chrysler Classic which is open to the public at one of the PGA WEST golf courses
in the City of La Quinta (the "Tournament") in close proximity to the License Property;
WHEREAS, in order for Contractor to manage the Tournament and provide parking and
shuttle transportation for the public attending the Tournament, Contractor desires to use a portion
of the License Property as a parking and staging area for shuttle service to the Tournament for
use by the public, Tournament staff and volunteers;
WHEREAS, subject to the terms, covenants and conditions of this Agreement, Agency is
willing to grant Contractor permission of access for ingress and egress over the License Property
owned by Agency, and permission to use the License Property for the limited purpose of a public
parking area for vehicles and as a shuttle stop for transportation services to the Tournament (the
"Parking Service") in consideration of certain undertakings with respect to the License Property
by Contractor;
NOW THEREFORE, in consideration of the Recitals, the mutual promises and
obligations contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. GRANT; LIMITATION OF RIGHTS. Agency hereby grants to Contractor a
non-exclusive, revocable license for access, ingress and egress over the License Property.
Contractor hereby warrants and represents to Agency that Contractor shall return the License
Property to a condition substantially as existed on the date that this Agreement is executed.
2. TERM. The "Term" of this Agreement shall commence December 29, 2003, and
shall expire February 6, 2004, unless terminated earlier.
3. USE OF THE LICENSE PROPERTY. The parties acknowledge and agree that
Contractor may access the License Property in conjunction with the Tournament. In this regard,
during the license period only, Contractor shall have a temporary revocable license to enter upon
the License Property for the purposes of furthering the Tournament. Contractor's activities upon
the License Property shall be deemed to further the Tournament where the Contractor undertakes
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the activities for purposes of providing or dismantling the Parking Service. In this regard,
Contractor agrees that it will coordinate its use of the License Property with Agency's designated
representative, Mark Weiss, at (760) 777-7000, and will not disturb, damage or contaminate the
License Property or interfere in any manner with other activities on the License Property.
4. CONTRACTOR'S DUTIES/PERMITTED ACTIVITIES.
(a) Contractor agrees to be fully financially responsible for any damage or
injury to the License Property and/or to any person which may arise in connection with this
Agreement and/or the Tournament.
(b) Contractor shall thoroughly clean and make all necessary repairs and
replacements, if any, to the License Property, including, but not limited to, turf, landscaping,
irrigation equipment, and soil stabilization measures and generally surrender the License
Property to Agency at the expiration of the Agreement in such condition as Agency or its
representatives deem to be acceptable. In addition, Contractor agrees not to conduct or cause to
be conducted on the License Property any repair, maintenance and/or refueling of any vehicles or
equipment.
(c) Contractor agrees to be responsible for the clean-up of any new
environmental contamination, and/or aggravation of existing contamination, which occurs as a
result of, or arises in connection with, any activities conducted by Contractor, its employees,
agents, subcontractors or representatives, under this Agreement and to indemnify and hold
Agency and the City of La Quinta harmless from and against any and all claims, losses, damages
and injuries of any nature whatsoever resulting from or arising out of Contractor's activities
under this Agreement, except to the extent resulting form the gross negligence or willful
misconduct of Agency, its employees, agents, contractors or representatives. Contractor's
obligation to observe and perform this covenant shall survive the expiration or other termination
of this Agreement. If any toxic or chemical Hazardous Materials attributable to Contractor, its
agents, employees, on -site subcontractors, or invitees, or the activities of any of them, are found
in the soil, air surface or ground water on, under or about the License Property, Contractor, at its
sole expense, shall promptly take any and all actions necessary to return the License Property to
the condition existing prior to the introduction of such Hazardous Materials to the License
Property in accordance with applicable laws and the requirements of all governmental agencies
with jurisdiction, provided that Agency's approval of such actions shall first be obtained, which
approval shall not be unreasonably withheld. If Contractor causes or permits a significant
release of Hazardous Materials or is in material noncompliance with any applicable law or
requirement of this Section, Agency may make a reasonable demand for action upon Contractor.
If Contractor does not respond within thirty (30) days (unless there is an emergency, in which
case Contractor shall be required to respond as soon as practicable), Agency may, at its option,
take reasonable actions to remedy the release or noncompliance at Contractor's sole expense,
which sums shall be immediately due and payable to Agency as additional compensation. At
any time during the term of this Agreement, Contractor shall, if required by any governmental
agency, promptly take whatever steps are necessary to investigate and remedy any contamination
by Hazardous Materials caused by Contractor, its agents, employees, on -site subcontractors or
invitees.
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(d) Contractor shall be responsible for obtaining all permits and approvals
from all applicable governmental authorities necessary in connection with the Parking Service on
the License Property.
(e) Contractor agrees that any and all costs incurred with regard to the Parking
Service and/or use of the License Property or any claims of third parties for liens, personal injury
or property damage with respect to the use of the License Property shall be borne by Contractor
at Contractor's sole cost and expense. Contractor agrees to indemnify and hold Agency harmless
from and against any claim, loss, cost or liability of any nature whatsoever arising out of or
incurred in connection with the Parking Service.
(f) Contractor shall not cause, suffer or permit any mechanic's, materialman's
or other liens to attach to or be recorded against the License Property in connection with work
performed by Contractor.
(g) In the event that Contractor, or its subcontractors, breach any of the
foregoing covenants regarding the License Property and/or any facilities or systems located on
the License Property, Contractor agrees to be responsible for all damages caused by such breach,
including but not limited to compensatory, consequential and incidental damages and attorney's
fees and court costs associated therewith. 'Contractor acknowledges and agrees that
consequential damages shall include any damages actually caused by Contractor's breach,
regardless of whether such damages were foreseeable at the time that this Agreement was
executed. By way of example only, and not by limitation, consequential damages include
damages resulting from environmental contamination and economic losses resulting from
damage to irrigation systems.
5. DEPOSIT. Contractor shall deposit with Agency a check in the amount of five
thousand dollars ($5,000.00) made payable to the La Quinta Redevelopment Agency which
consists of the following:
(a) Four thousand five hundred dollars ($4,500.00) represents the estimated
costs to repair and replace the License Property disturbed and/or damaged due to Contractor's
activities relating to the Parking Service (the "Remediation Deposit").
(b) Five hundred dollars ($500.00) represents administrative costs incurred by
Agency for the attorney's costs relating to the preparation and administration of the Agreement
(the "Expense Deposit").
The Remediation Deposit is refundable to Contractor upon Contractor's completion of the
repairs and replacement to the License Property in a manner satisfactory to Agency or its
representatives. The Expense Deposit is non-refundable. It is the responsibility of Contractor to
follow up regarding the Remediation Deposit refund. The refund request must be received by
Agency within sixty (60) days of completion of term.
6. INSURANCE and LICENSES. At all times during the Term of this Agreement,
Contractor, its successors or assigns, shall carry and maintain, in full force and effect, at their
sole cost and expense, the following insurance policies with insurance companies satisfactory to
I
31
Agency. Such policies shall include a provision requiring a minimum of thirty (30) days notice
to Agency of any change or cancellation. The Agency and the City of La Quinta, their officers,
employees and agents, shall be named as additional insureds on the policies listed in Subsections
6(a) and (b) as their interests may appear.
(a) Comprehensive general liability insurance in an occurrence format in an
amount of five million dollars ($5,000,000.00) per occurrence, including the following
coverages: contractual liability, personal injury, broad form property damage, independent
contractors and premises operations.
(b) Business auto coverage form insurance on all vehicles used in connection
with this License and/or on the License Property in an amount of five hundred thousand dollars
($500,000.00) combined single limits for bodily injury and property damage per occurrence.
(c) Workers' Compensation insurance in accordance with the provisions of
the Workers' Compensation Act of the State of California for all employees, subcontractors and
any subcontractor's employees engaged in connection with this Agreement.
(d) Contractor agrees to provide Agency with certificates of insurance
evidencing the policies listed above upon execution of this License as a condition to
commencing any of the activities contemplated by this Agreement.
7. INDEMNITY.
(a) Contractor shall indemnify, defend and hold Agency and the City of La
Quinta, their subsidiaries and affiliates, their respective officers, directors, agents and employees
and the License Property free, clear and harmless from any and all demands, claims, causes of
action, damages, liabilities, liens, losses, costs, charges, penalties, obligations, judgments, fines
and expenses (including, without limitation, attorney's fees) of any kind whatsoever in
connection with, arising out of, or by reason of any breach, violation or nonperformance by
Contractor, its agents, servants, employees, subcontractors or invitees, of any covenant or
provisions of this Agreement or any law, ordinance, rule, regulation or order or by reason of any
damage, harm or loss to the License Property during the Term of this Agreement, including,
without limitation, any damage to the License Property and any liability to any third party
incurred by reason of any acts or omission of, or any commission of, any negligent or tortious
acts by Contractor, its agents, servants, employees, subcontractors or invitees.
(b) In the event any portion of the activities is performed by a subcontractor,
Contractor warrants that all such subcontractors shall abide by all the terms and conditions of
this Agreement, including, without limitation, furnishing the insurance coverages as provided for
in Section 6.
(c) The provisions of this section shall not be read to limit in any respect
whatsoever Contractor's obligations as provided in Section 4 above.
8. TERMINATION. Either party shall have the right to terminate this Agreement at
any time with or without cause by giving the other party twenty-four (24) hours written notice.
is
7
9. NOTICES. Any notice to be given to Agency or Contractor shall be in writing
and shall be deemed to have been properly delivered when directed to such addressee as follows:
To Agency: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attention: Mark Weiss
Facsimile: (760) 777-7101
To Contractor: Desert Charities, Inc., dba Bob Hope Chrysler Classic
39-000 Bob Hope Drive, P.O. Box 865
Rancho Mirage, CA 92270
Attention: Mike Milthorpe
Facsimile: (760) 346-6329
Any party may change the address to which such communications are to be directed to it
by giving a written notice to the other party in the manner provided in this paragraph. Any
notice given pursuant to this paragraph shall be deemed to be delivered when addressed to the
addressee as set forth therein, (i) at the time a written notice by mail is deposited in the United
States mail, postage prepaid, or (ii) the time any other written notice, including facsimile,
telegram or other electronic mail message, is personally delivered to the recipient or is delivered
to a common carrier for transmission or actually transmitted by the person giving the notice by
electronic means, to the recipient.
10. ASSIGNMENT. This Agreement shall not be assignable by Contractor.
11. MISCELLANEOUS.
(a) Except as herein otherwise provided, no amendment, alteration,
modification of or addition to this Agreement shall be valid or binding unless expressed in
writing and signed by the party or parties to be bound thereby.
(b) The covenants, conditions and agreements contained in this Agreement
shall bind and inure to the benefit of Agency and Contractor and their respective heirs,
distributees, executors, administrators, successors and assigns.
(c) This Agreement shall be governed by and interpreted in accordance with
the laws of the State of California.
(d) This Agreement contains the entire agreement and understanding between
the parties and there are no terms, covenants or conditions which exist other than those contained
herein.
(e) If any party hereto shall bring any suit or action against another for relief,
declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and
record against the other party, in addition to all court costs and disbursements, such sum as the
court may adjudge to be reasonable attorney's fees.
19
The parties have executed this Agreement on the dates indicated below to be effective the
date first above written.
"AGENCY"
LA QUINTA REDEVELOPMENT AGENCY
By:
Dated:
ATTEST:
CITY OF LA QUINTA
City Clerk
Dated:
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
M. Katherine Jenson
Dated:
"CONTRACTOR"
DESERT CHARITIES, INC., dba BOB HOPE
CHRYSLER CLASSIC
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COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE: Consideration of SilverRock Golf Course
Preliminary Grading and Landscape Plans
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the SilverRock Golf Course Preliminary Grading and Landscape Plans and
authorize preparation of construction documents related thereto.
FISCAL IMPLICATIONS:
None for this action. The Agency's construction budget for the tournament golf
course included within the FY 2003-04 Capital Improvement Program is $10,373,750.
BACKGROgND AND OVERVIEW:
OVERVIEW:
The Redevelopment Agency reviewed and approved a preliminary routing plan for the
tournament golf course on August 19, 2003. The final routing plan was approved on
September 16, 2003. Subsequently, Palmer Course Design Company (PCDC) prepared
a features plan, depicting tournament/spectator areas, water features and other golf
course detail. The features plan was shared with the City Council on October 21,
2003.
PCDC reviewed comments from the Agency, staff, and other team consultants,
consulted with tournament sponsors and incorporated refinements into the
aforementioned plans, coupled with preliminary grading elements, to create a
preliminary grading plan for the tournament course (Attachment 1). A larger version of
Attachment 1 showing additional plan detail is available for review in the City
Manager's Office. Attachment 2 is a visual rendering of holes 7 and 12. Attachment
3 includes photographs of other PCDC-designed holes in desert environments,
including Tradition, Indian Ridge and Oasis Golf Club. Attachment 4 includes various
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44
landscape palettes and a preliminary landscape plan for the golf course corridor
prepared by Pinnacle Design Company, a sub -consultant to PCDC.
Representatives from PCDC and Pinnacle will be available during the meeting to
discuss the concepts referenced above.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve the SilverRock Ranch Preliminary Golf Course Grading and Landscape
Plans and authorize preparation of golf course construction documents related
thereto; or
2. Approve the SilverRock Ranch Preliminary Golf Course Grading and Landscape
Plans with modification; or
3. Do not approve the SilverRock Ranch Preliminary Golf Course Grading and
Landscape Plans; or
4. Provide staff with alternative direction.
Respectfully submitted,
L
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Preliminary grading plan
2. Visual rendering of holes 7 and 12
3. Photographs
4. Landscape palettes and preliminary landscape plan
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COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE: Approval of a Professional Services
Agreement with Heinbuch Golf, LLC to Provide
Construction Management Services for SilverRock
Ranch
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a professional services agreement with Heinbuch Golf, LLC, to provide
construction management services for the SilverRock Ranch project, and authorize the
Executive Director to execute the contract.
FISCAL IMPLICATIONS:
The City's Capital Improvement Program includes the Silver Rock Ranch project and
has budgeted $4,459,000 for professional services. Approximately $400,000 has
been allocated to planning services, $1,000,000 for golf course architectural services,
$100,000 for development coordinator services, and $444,200 for civil engineering
services. Accordingly, sufficient funds (i.e. approximately $2,514,800) remain in the
account for construction management, water resources design, and other professional
services including marketing, building architecture, and landscape architecture. The
contract with Heinbuch Golf, LLC, is for a not -to -exceed fee of $310,000.
BACKGROUND AND OVERVIEW:
On September 16, 2003 the Agency Board authorized the distribution of a Request for
Proposals (RFP) for Construction Management Services for the SilverRock Ranch
project (Phases IA and IB). Proposals were due October 13, 2003, and twelve firms
submitted proposals. The Agency's Consultant Selection Committee interviewed six
firms on October 23, 2003 including (in alphabetical order): Arris Builders, David Evans
& Associates, Golf Dimensions, Heinbuch Golf, LLC, The Keith Companies, and Target
Golf. The Committee then ranked the firms and selected Heinbuch Golf, LLC for further
consideration.
30
Pursuant to the City's consultant selection process, staff then negotiated a contract
(Attachment 1) with Heinbuch Golf, LLC. The negotiated contract for construction
management services is for an amount not to exceed $310,000 with a term through
February 16, 2005.
Heinbuch Golf has served as construction or project manager for numerous
municipal/public golf courses including projects for the Cities of Pleasanton, West
Covina , Anaheim, San Jose, and Yorba Linda (see Attachment 2). Heinbuch's project
staff for SilverRock will include John Przybyszewski, a La Quinta resident, who will
provide daily on -site construction management, monitoring and quality control services.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve a professional services agreement with Heinbuch Golf, LLC, to provide
construction management services for the SilverRock Ranch project, and
authorize the Executive Director to execute the contract; or
2. Do not approve a professional services agreement with Heinbuch Golf, LLC, to
provide construction management services for the SilverRock Ranch project, and
do not authorize the Executive Director to execute the contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Professional Services Agreement
2. Work Proposal
31
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the
"Municipality"), a California municipal corporation, and Heinbuch Golf, LLC. (The "Contractor").
The parties hereto agree as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to Construction Management services
for SilverRock Ranch, as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Contractor warrants that all
services will be performed in a competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry for such services. Services will be provided to the
Municipality. For convenience, the Municipality is referred to herein as the "Agency."
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal, which shall be incorporated herein by this reference as though fully set forth
herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
Municipality, the Agency, and any and all Federal, State or local governmental agency of competent
jurisdiction.
1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the performance of the services required by this
Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor
warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it
has carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the Contractor discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the Agency, it shall immediately inform Agency of such
fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof).
3
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1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to person, or property, until acceptance of the work by Agency, except such losses or
damages as may be caused by Agency's own negligence. The performance of services by Contractor
shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective
work at no further cost to the Agency, when such inaccuracies are due to the negligence of
Contractor.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the Contractor shall perform services in addition to those specified in the Scope of
Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that
Contractor shall not be required to perform any additional services without compensation.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to the Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto
as Exhibit "B" and incorporated herein by this reference. The Contractor shall be compensated in an
amount not exceeding Three Hundred Ten Thousand Dollars ($310,000) (the "Contract Sum"). The
method of compensation set forth in the Schedule of Compensation will include payment for time
and materials based upon the Contractor's rates as specified in Exhibit "B". Compensation may
include reimbursement for actual and necessary expenditures for reproduction costs, transportation
expenses, telephone expense, and similar costs and expenses when and if specified in the Schedule
of Compensation (Exhibit `B").
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to the Agency no later than the tenth (10t') working day of such
month, in the form approved by the Contract Officer, an invoice for services rendered prior to the
date of the invoice. Such invoice shall (1) describe in detail the services provided, including time
and materials, (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice
shall contain a certification by a principal member of Contractor specifying that the payment
requested is for work performed in accordance with the terms of this Agreement. The Municipality
or the Agency, whichever is appropriate based upon the election of the Agency and the Municipality,
will pay Contractor for all expenses stated thereon which are approved by the Municipality or the
Agency pursuant to this Agreement no later that the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
4
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the performance of this Agreement.
3.3. Force Majeure. All time periods specified for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay is
justified, and the Contracting Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 and 7.8 of
this Agreement, this Agreement shall continue in full force and effect until February 16, 2005.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
1. Gary Heinbuch
2. Dave Nichols
3. John Przybyszewski
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of the Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the services
hereunder. The foregoing principals may not be changed by Contractor and no other personnel may
be assigned to perform the service required hereunder without the express written approval of
Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant Executive
Director or such other person as may be designated by the Executive Director of the Municipality.
The Contract Officer has been authorized to act on behalf of the Municipality for the purposes of this
Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein,
any approval of Agency required hereunder shall mean the approval of the Contract Officer.
5
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4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the Agency. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval
of Agency.
4.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of Agency.
4.5 Agency Cooperation. The Agency shall provide Contractor with any plans,
publications, reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to the Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. The Contractor shall procure and maintain, at its cost, and
submit concurrently with its execution of the Agreement, public liability and property damage
insurance against all claims for injuries against persons or damages to property resulting from
Contractor's acts or omissions rising out of or related to Contractor's performance under this
Agreement. The insurance policy shall contain a severability of interest clause providing that the
coverage shall be primary for losses arising out of Contractor's performance hereunder and neither
the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming the Agency and its officers and employees as additional insured shall be
delivered to and approved by the Agency prior to commencement of the services hereunder. The
amount of insurance required hereunder shall be determined by the Contract Sum in accordance with
the following table:
Contract Sum
Coverage (personal injury/property damage)
Less than $50,000
$100,000 per individual; $300,000 per occurrence
$5090004300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
$500,000 per individual; $1,000,000 per occurrence
The Contractor shall also carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the use of any
m
3~ 5
automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement. The term
"automobile'"' includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for
travel on public roads. The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contractor's performance
hereunder and neither the Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming the Agency and its officers and employees as
additional insured shall be delivered to and approved by the Agency prior to commencement of the
services hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance with State
Workers' Compensation laws.
The Contractor shall procure professional errors and omissions liability insurance in the
amount acceptable to the Agency.
All insurance required by the Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days' written notice of proposed
cancellation to Agency. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the
Agency, its officers, employees, contractors, subcontractors or agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless
the Agency, its officers, officials, employees, representatives and agents, ("Agency indemnitees"),
from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to
property (including property owned by the Agency) ("Claims") and for errors and omissions
committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement, except to the extent of
such loss as may be caused by Agency's own active negligence, sole negligence or willful
misconduct, or that of its officers or employees.
In the event the Agency indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the
Agency indemnitees, or at the Agency's option, reimburse the Agency indemnitees their costs of
defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnitees.
5.3 Remedies. In addition to any other remedies the Agency may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, the Agency, at its sole option:
7
1. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the Agency
may have and are not the exclusive remedies for Contractor's failure to maintain or secure
appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contractor, may be held responsible for payments of damages to person or
property resulting from Contractor's or its subcontractors= performance of work under this
Agreement.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Contractor shall keep such books and records as shall be necessary
to perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept and
prepared in accordance with generally accepted accounting principles. The Contract Officer shall
have full and free access to such books and records at all reasonable times, including the right to
inspect, copy, audit and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents, and other materials, whether in hard copy or electronic form, which are prepared
by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of Agency and shall be delivered to Agency upon the termination of this Agreement
or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further
employment or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Contractor may retain copies of such
documents for its own use. Contractor shall ensure all subcontractors to assign Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
LV
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer or
as required by law. Contractor shall not disclose to any other private entity or person any
information regarding the activities of the City or Agency, except as required by law or as authorized
by the Agency.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligation hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and completes
the cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger to
the health, safety and general welfare, the Agency may take such immediate action as the Agency
deems warranted. Compliance with the provisions of this Section shall be a condition precedent to
termination of the Agreement for cause and to any legal action, and such compliance shall not be a
waiver of any party's right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Contractor sufficient funds to compensate Agency for any losses, costs, liabilities or damages it
reasonably believes were suffered by Agency due to the default of Contractor in the performance of
the services required by the Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
Agency's consent or approval of any act by Contractor requiring Agency's consent or approval shall
not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act
of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
0
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8 for
termination for cause. The Agency reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit `B") or such
as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the
provision of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owned the Agency as
previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connections with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees. No officer or employee of
the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the Agency of for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of the Agreement.
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his personal interest or the interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given and
will not pay or give any third party any money or other consideration for obtaining this Agreement.
10
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
To Municipality:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant Executive Director
To Contractor:
HEINBUCH GOLF, LLC
41-701 Corporate Way, # 1
Palm Desert, CA 92260
Attention: Gary Heinbuch
President
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by all parties.
9.4 Severability. In the event that any or more of the phrases, sentences,
clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or
11
40
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
12
III
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
LIM
Name:
Title:
LA QUINTA REDEVELOPMENT
AGENCY, a California municipal corporation
By:
EXECUTIVE DIRECTOR
AMUNICIPALITY=
ACONTRACTOR=
191
42
EXHIBIT A
SCOPE OF SERVICES
1. Pre -construction Services
• Assist the City, as requested, to review construction documents including plans,
specifications and all other associated items in order to verify completeness
and consistency throughout the project.
• Check for quantity deficiencies, potential conflicts, staging, sequencing logic,
constructability reviews, and consistency between plans and specifications, etc.
• Assist in the pre -qualification process to select contractors eligible to bid on the
golf course construction contract.
• Conduct a value engineering review of the plans and specifications to identify
potential cost savings.
• Review construction bids prior to Agency award of contract.
2. General Project Administration Services
• Provide a written response on Consultant letterhead to each "Request for
Information" (RFI) and to each "Change Order Request" (COR), submitted by
contractors.
• Prepare and issue work addenda and/or specification clarifications to
contractors, as needed to complete all project work.
• Participate in pre -construction conferences, and conduct weekly construction
progress meetings with all involved parties (or as directed by Agency).
• Prepare and issue all project "Change Orders" (CO) on an as -needed basis, and
as directed by Agency Representative.
• Evaluate reasonableness of proposed construction schedules and make
recommendation to Agency.
• Coordinate all construction work with each permitting Agency to insure
compliance with permit requirements.
14
43
• Coordinate all on -site construction activity to achieve all project milestone
dates, and to ensure that all project goals are attained.
• Insure adherence with accepted industry and Agency standards for all work.
3. Construction Management Services
• Act as construction project manager and perform all Resident Engineer
functions during construction as the Agency's representative.
• Participate in the partnering relationship to be developed between the Agency,
design team, and the contractor.
• Be the point of contact for all communications and interaction with the
Contractor(s) and the design team.
• Review Contractor(s) certified payrolls and conduct random interviews with
contractor's workers to insure compliance with prevailing wage regulations.
• Review and monitor Contractor(s) construction schedule. Prepare reports
documenting the progress of construction. Take photographs (may include
video tape recordings as well as still photographs) of the construction progress
on a regular basis.
• Process submittals and monitor design consultants' review activities.
• Prepare and recommend progress payments.
• Coordinate and chair meetings for Agency construction oversight.
• Identify and manage potential claims and make recommendations to resolve
them.
• Insure contractor compliance with SWPPP and PM-10 plans.
• Perform daily on -site inspections to verify construction progress and to verify
that all work conforms to contract requirements.
• Keep the Agency informed of all construction problems and guard against
defects and deficiencies in the work of the contractors.
• Create and maintain a chronological log of all project correspondence,
submittals and memoranda (to include all RFI's and Change Orders).
15
• Create and maintain a chronological log of project Quality Control and
Assurance records.
• Create and maintain a chronological file of all performed "Daily Inspections"
(attach inspection observations and findings to each filed daily report).
• Coordinate review of all shop drawings and submittals for compliance with
construction documents within ten (10) days of receipt. Approvals and
rejections are to be documented and forwarded to Agency accompanied by a
formal "Letter of Transmittal" from Consultant.
• Maintain all original construction plans, specifications and material submittal
documents. Coordinate the upgrade and revisions to original construction
plans and specifications to reflect "As -Built" conditions, and submit one
reproducible set to Agency within thirty days of project completion.
• Monitor contractor's performance and enforce all requirements of applicable
codes, specifications, and contract drawings.
• Oversee quality control and materials testing.
• Provide coordination and review any contractor's staging plans with the
Agency.
• Provide final inspection recommendation for acceptance of improvements and
coordinate road openings, systems testing, and facilities startup.
• Work closely with the golf course operator to assure smooth transition to course
operations and play.
• Assist the Agency and golf course operator in coordinating the initial operation
of the irrigation system
Heinbuch Golf, LLC understands the above -listed general tasks are required. HGLLC is advised
that other tasks may be considered as part of the scope of work.
16
45
SCHEDULE OF COMPENSATION
The fee for services is not to exceed Three Hundred Ten Thousand Dollars ($310,000) on a time and
material basis in accordance with the hourly rates set forth below.
Principal
$110.00/hour
Sr. Project Manager
$90.00/hour
Project Manager
$65.00/hour
Administrative
$25.00/hour
17
46
EINBUC
ATTACHMENT 2
LLC
SIL VERROCK RANCID GOLF COURSE
"WORD PROPOSAL"
for
CONSTRUCTION MANAGEMENT SERVICES
Submitted by:
Heinbuch Golf, LLC
41-701 Corporate Way #1
Palm Desert, CA 92260
Tel: 760-341-0848
Submitted to. -
Mark Weiss/Assistant Executive Director/Project Manager
La Quinta Redevelopment Agency
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
SilverRock Golf Course Project
RFP
TABLE OF CONTENTS
A. Cover Letter
i. The name, address and phone number of the contact person
ii. Qualifying Statements
iii. Identification of sub -consultants
B. Statement of Qualifications
i. List of Project Personnel including relevant experience and
resumes
ii. Experience with similar work/references
C. Project Understanding and Approach
i. A detailed narrative
D. Scope of Services
i. Description of tasks, sub -tasks and specific deliverables that
will be provided
H. Current Workload Schedule
48
WORD PROPOSAL
A. Cover Letter
i. The name, address and phone number of the contact person for the
remainder of the selection process.
Mr. Gary Heinbuch
41-701 Corporate Way # 1
Palm Desert, CA 92260
760-341-0848
ii. Any qualifying statements or comments regarding the proposal and
relevant to the information provided in the RFP or the proposed contract.
Heinbuch Golf, LLC- is a Construction Management firm whose sole
purpose is to manage the construction of golf courses and related facilities
projects and specializes in Municipal projects in the Public Works arena.
iii. Identification of sub consultants, if any, and their responsibilities.
None.
B. Statement of Qualifications
i. A listing of project personnel including relevant experience and resumes.
Please see attached resumes.
ii. Experience with similar work including naives and current phone numbers
of references for listed projects.
Please see attached list of similar project and references.
C. Project Understanding and Approach
i. A narrative that details your understanding of the project and how the
organization will approach the requested services.
Please see attached description.
D. Scope of Services
i. A description of the tasks, sub tasks, and specific deliverables that will be
provided.
Please see attached list of Services.
ii. A description of the firm's current workload with discussion of how this
project would be incorporated into the firm's work schedule.
Please see attached description.
41:
�P
1
G O I. I'
81
STATEMENT OF QUALIFICATIONS
Let us introduce you to Heinbuch Golf, LLC. We have been in the golf
Construction Management/Quality Control business for over fifteen years. We have
successfully managed construction projects on over one hundred golf courses across the
United States. As this brochure states, our list of projects is quite impressive. We have
established ourselves as the leader in construction management and quality control
throughout the golfing industry by understanding the City's wishes and ensuring the
correct professionals are in place during the entire pre -construction and construction
processes.
Heinbuch Goy, LLC has -the foresight to identify potential problems before they
arise. Making sure any problem is rectified on paper long before the construction
actually starts is one way we save the City time and money. We represent the City in all
phases of development including design conception, pre -construction, construction, and
up to and through the maturation phase.
Heinbuch Golf, LLC takes the worry away from the City. We guide every step it
takes to fully develop a golfing facility ranging from a Practice Center to an 18-hole
Championship length golf course. We are capable of m��u�ag'ng any project in any state
and have a proven track record of adhering to construction budgets and schedules. Our
highly experienced project managers and field inspectors ensure the complete project is
constructed per the architect's plans and specifications by thoroughly inspecting each and
every item. We are the eyes and ears of the City and protect the City's interests at all
times.
We are unique in the golf course Construction Management and Quality Control
industry because our vast experience covers the entire spectrum of golf course
construction. We have successfully managed the construction and quality control of over
50 clubhouses, 60 cart storage facilities, 75 maintenance building and yard complexes,
Plus managing the complete development and quality control of over 100 golf course
projects throughout the United States.
There is no Construction Management, Quality Control firm in the industry,
specializing solely on golf courses and facilities that can rival our experience. Our
relationship with an Owner, whether it is a Municipality, private individuals, large
companies or any combination thereof, is without doubt, the best in the business. We are
members in good standing with the National Golf Foundation plus being on the speaker
list of the NGF and Crittenden Golf Publishing on the subject of golf course Construction
Management and Quality Control.
On your next project, call Heinbuch Golf, LLC for the best Construction
Management, Quality Control firm, dealing solely with golf facilities, in the industry.
)�
FAI
Mr. Gary Heinbuch
Mr. Heinbuch formed Heinbuch Golf Construction, a "Golf Course. Construction
Management Company" in 19% to fill a niche in the golf course construction industry.
The company has been extremely successful and has a large client list including
municipalities, private developers, financial institutions and golf course management
firms. Mr. Heinbuch will be available on an "as -needed" basis throughout construction
that could vary from weekly to twice monthly.
From 1984 to 1990 Mr. Heinbuch was employed by American Golf Corporation. Mr.
Heinbuch was specifically employed to formulate, establish and manage a Construction
Department. Under Mr. Heinbuch's direction a Construction / Development Department
was formed and during this time the companies golf properties increased in number from
42 to 175. Mr. Heinbuch's department successfully managed annual construction
budgets of $49M.
In 1980 Mr. Heinbuch was selected as Senior Project Manager for the Los Angeles
Olympic .Organizing Committee with responsibility for the construction management of
fifteen sports venues.
Beginning in 1978 Mr. Heinbuch was employed by Wilshire Diversified, a subsidiary of
Glendale Federal Savings as a Project Manager, with management responsibilities for
master planned housing / golf communities.
Mr. Heinbuch began his career in 1970 as a Construction Superintendent with D&S
Company, a large development firm located in Southern California.
Mr. Heinbuch holds a Bachelor's Degree with a secondary teaching credential from
California State University Long Beach.
Partial G'iient List:
* Textron Financial Corporation, GA
* American Golf Corp., CA
* County of San Luis Obispo, CA
* Arnold Palmer Golf Management, FL
* CourseCo, Inc., CA
* Presidio Tnwt, CA
* Bixby Ranch Co., CA
* Pro Golf of America, Inc., MI
* Westminster Development Bank, CA
* City of Atlanta, GA
* City of Saint Louis, MO
* Senior Tour Players Inc., MA
* City of Pleasanton, CA
* Environmental Capitol, FL
* Skyview Golf, LLC, NJ
* NationsCredit, GA
* Heiting & Irwin, CA
* RGW Development, TX
* The Forecast Group, LP, CA
* City of New York, NY
* City of Pasadena, CA
J �-
DAVE NICHOLS
PROFESSIONAL EXPERIENCE
Qudlifications Erofile•
Highly accomplished Construction Manager with extensive experience in golf course, major
resort, hotel development and construction.
PROFESSIONAL EXPERIENCE
HEmucH GOLF, LLC — Canyon Lake, CA 1999 to Present
Construction Manager
Directed all asps of projects, r in value from $1.3M to $33M, for private developers
and municipalities. Performed monthly site inspections and approved construction draw
requests on behalf of bank as Lender Representative. Oversaw site development, utilities,
mass excavation, and vertical. Managed project consultant design teams. Reviewed design of
construction documents and prepared specifications accordingly. Developed and
administered project budgets, cost estimates, and schedules. Served as liaison for contractors,
designers, owners, and lenders. Managed on -site construction.
• Directed numerous projects totaling $100M+ in value.
• Served as Lender Representative on 5 projects with a total value of $LOOM+.
Am ERIcAN LANDSCAPE — Canoga Park, CA
General Manager, Golf Division
1995 to 1999
Managed general superintendent, 4 project superintendents, and up to 75 employees for
projects valued from $500K to $3.5M, representing $8M to $15M in annual sales. Directed
marketing and business development efforts including coordination of booth and staff for
industry .trade. show. Prepared and presented project proposals and contract documents.
Created, monitored, and updated project schedules. Administered project budgets. Prepared
project billing and monthly draw requests.
• Consistently provided dependable cash flows and achieved anticipated net margins
Gosm EN'r RpRisEs, INc (dba: Fairway Construction) — Temecula, CA 1992 to 1995
Project Manager/Contract Administrator
As Project der, directed 2-year joint venture project valued at $45M, overseeing 3
project superintendents and over 100 project personnel. Served as liaison for owners,
architects, engineers, and field personnel. Documented and fulfilled all contract change
orders. Prepared monthly billing applications. Performed earthwork estimates via
topographical digitizing. As Contract Astor, made monthly visits to 11 project sites
valued at $5M+ at locations throughout US, Mexico, Singapore, and Malaysia.
5�
'I`-H—E J.W. COLACIUS COMPANY — La Jolla, CA 1987 to 1992
Construction Manager
Selected and coordinated project design teams. Performed property and budding evaluations.
- Determined project &asibility. Prepared bid documents. Reviewed proposals. Selected
contractors. Created conceptual estimates and critical path schedules. Presented projects to
community workshops and planning commissions.
Major projects included hotel guest rooms, underground parking garage, heal& & fitness
spa, banquet and meeting facility, and major renovations including asbestos removal.
AM M O/DE WER, INC — Denver, CO
Project Manager
1982 to 1987
Supervised and managed construction of franchise hotel properties. Completed over 1000
Residence Inn Suites at 6 different properties. Constructed 200 room, all suite Radisson
Hotel & Conference Center. Directed construction of the Los Angeles Raiders practice
facilities.
Golf Course Construction Projects (pardd list)
Name:
Happy Valley Golf Course
Yet unnamed golf course
Los Lagos Golf Course
Arroyo Trabuco Golf Course
Metropolitan Golf Links
Trophy Lakes Golf & Casting Club
Cimarron Golf Club
Crescent Pointe Golf Club
Beacon Hill Golf & Equestrian Center
Brookside Golf Course
Forest Park Golf Course
Silver Creek Country Club
Pierce Junction Golf Club
Diamond Bar Golf Course
Airways Golf Course
South Wavecrest Golf Course
Sun City Roseville Pines Golf Course
Sun City Grand H Golf Course
Sun City Georgetown
Mission Hills Golf Course
Mountain. Course @a Incline Village
Washoe Golf Course
Penmar Golf Course
Hillcrest Country Club
Traditions Golf Course
Client:
City of Pleasanton
City of West Covina
City of San Jose
Rancho Mission Viejo Company
Oakland Golf; LLC
Textron Financial/OB Sports
Textron Financial
Textron Financial
Senior Tour Players Development, Inc
American Golf Corporation
American Golf Corporation
Shea Homes
EnCap Development
Links Corp.
City of Fresno
Half Moon Bay Development
Del Webb Corporation
Del Webb Corporation
Del Webb Corp.
City of Hayward
Incline Maintenance District
Washoe County
City of Los Angeles
Hillcrest Country Club
Brandenberg Development
24
JOHN PRZYBYSZEWSKI
PROFESSIONAL EXPRERIENCE
Qualificatipns profile:
Highly accomplished Construction Manager with extensive experience in golf course
development and construction
PROFESSIONAL EXPERIENCE
HEINBUCH GOLF LLC, - Canyon Lake, CA 2002 — Present
Construction Manager
Provide construction management on golf course projects. Duties include contract
negotiations, schedule and budget review, construction plan and specification review,
contractor coordination, chairing construction meetings, complete on site construction
management.
HIGHLANDS GOLF, LLC — Moorpark, CA 1999 — 2002
Project Manager
Rustic Canyon Golf Course. Managed entire construction of an 18-hole Championship
Gil Hanse Design golf course, with $8.1 million budget and 60 personnel. Duties
included bid review, supervision of plans, building sites, grading, roads, paving, utilities,
documentation and permits. Served as liaison with Owner, golf course and landscape
architects, engineering firm and irrigation designer. Selected/negotiated contracts with
qualified contractors. Reviewed all construction drawings and specifications, and costs.
Responsible for hiring golf course superintendent and other key personnel. Supervised
quality control and regulatory compliance.
WESTERN GOLF PROPERTIES - Scottsdale, AZ 1998 - 1999
Construction Manager
Owner's representative for five golf course projects. Duties included contract
negotiations, schedule and budget adherence, coordination of contractors, quality control,
regulatory agency compliance, and overall site management.
PALM DESERT COUNTRY CLUB, Palm Desert, CA 1996 —1998
Vice President/General Manager
Responsible for managing $3 million annual budget and hiring/supervision of 30
personnel of Country Club with Billy Bell designed golf course, including restoration and
rejuvenation of golf course, and clubhouse. Assisted golf course superintendent by
4
25
performing troubleshooting on agronomic problems and designing maintenance programs
for golf course.
AMERICAN GOLF CORPORATION, Santa Monica, CA
Director of Maintenance
Directed annual capitol �improvementlequipment budgets of $2.5 million and above.
Designed evaluated, and reviewed each golf course's clubhouse and cart maintenance
programstsystems to xtimize short and long term revenues. Supervised takeover of 15
golf courses, and secured assets of three Landmark courses in Palm Springs during
company's contract with RTC. Developed golf course maintenance audit procedure. Co-
authored Superintendent Training Manual, still in use and trained golf course
superintendents.
Awards:
American Golf Corporation Chairman's Circle Award for Outstanding Performance
Rustic Canyon Golf Course recipient of Golf Digest's Best Affordable Public Course
Award for 2002.
Golf Course Construction Projects (partial list)
Name:
Client:
Sun City Lincoln Hills
Del Webb/Pulte Homes
Rustic Canyon Golf Course
Highlands Golf LLC
Ocean Trails Golf Course
Pete Dye
Rancho La Sierra Golf Course(s)
Nicklaus Design
Robert Trent Jones H Design
Shady Canyon Golf Course
Tom Fazio
Rancho San Joaquin Golf Course
City of Irvine
Recreation Park Golf Course
City of Long Beach
Skylinks Golf Course
City of Long Beach
Arcadia Golf Course
City of Arcadia
Camarillo Springs Golf Course
City of Camarillo
Chula Vista Golf Course
City of Chula Vista
David L. Baker Golf Course
County of Orange
El Dorado Golf Course
City of Long Beach
Indian Wells Golf Resort
City of Indian Wells
La Mirada Golf Course
City of La Mirada
Meadowlark Golf Course
City of Huntington Beach
20
1. Golf Course Experience
Most recent involvement:
Happy Valley Golf Course
Pleasanton, CA
Client: City of Pleasanton
Budget: $34M
August 2001- present
This contract consists of Pre-construction/development management of all consultants during
the design development phase, generation and adherence to the project construction budget and master
development schedule, chi all pre -construction Wings, generation of RFP's for project gmaul
contractor and clubhouse architect. At. the completion of the pre -construction phase, our contract
scope consists of construction/project manager for the entire $34M project including offmte
construction, water tank construction, housing pads, golf course and clubhouse fides.
The Hills at Anaheim
Anaheim, CA
Cheat: City of Anaheim
Budget: $6M
September 2002 — present
This contract consists of pre-construction/development managerru, of the consume and
providing liaison between them and the City of Anaheim. At project commencement, the contract
scope includes complete construuction/poject management for the complete construction of the new
golf course clubhouse and related ficities.
Yet named golf course
West Covina, CA
Client: City of West Covina, CA
Budget: +/- $20M
September 2002 — present
This contract consists of pre-construction/development services for the offshe construction,
golf course, clubhouse and related facd ties, Sports Park, and restaurant comruercial site. At project
commencement, the contract services include complete construction/project management services for
the complete golf course, clubhouse, infrastructure, Sports Park and commercial land sites.. .
Sun City Lincoln Hills
Lincoln Hills, CA
Client: Del Webh/Pulte Homes
Budget: $5M
August 2002 - present
This contract consists of complete Project Management of their 18-hole addition to the existing
Sun City Lincoln Hills Golf Course.
r�6
22
Los Lagos Golf Course
San Jose, CA
Client: City of San Jose
Budget: $13M
June 1999 — January 2002
This two -phased contract consisted of complete pre-development/construction services for the
construction of their 18-bole golf course, clubhouse and related fiaffities. Reviewed project master
budget and schedule, assisted in RFP genaMtion and general plan and specification review. Phase two
was complete construction managem�en 1 services for the construction completion of the project.
Metropolitan Golf Links
Oakland, CA
Client: CourseCo
Budget: confidential
June 1999 — July 2001
This two -Abased contract consisted of pre-construction/development services for their 18-bole
Johnny Miller deed golf course with clubhouse and relaxed fiwilities. Phase two was complete
construction rYmnagenr WE t services for the construction completion of the project. Ibis project was
constructed upon a landfill and capping with bay mood. Ibis project was a join venture between
CouiseGo, the Port Authority of Oakland, and the City of Oakland.
Black Gold Gohf Course
Yorba Linda, CA
Client: City of Yorba Linda
Budget: $5M
November 1999 — October 2001
This two -phased contract consisted of pre-construction/development of their 18-bole
championship golf course. Services included generation of project budget for golf course, irrigation,
drainage, lakes construction, and mass material excavation. Phase two of this contact consisted of
complete Coition Management services for the construction of their 18,000 square foot
clubhouse and related clubhouse facilities.
Pierce Junction 36 bole golf complex
Houston, TX
Client: EnCap Development
Budget: confidential
June 1999 — November 2000
This contact consisted of pre-construction/development services including review of project
budget and master schedule, assisting in generation of consultant RFP's and consultant coordination.
S4view Golf and Country Club
Sparta, NJ
Client: All counties Investment, LLC
Budget: $12M
August 1998 — December 1999
N
28
This contract consisted of complete construction/project for thew 18-hole
championship length golf course, clubhouse, maintenance facH ty and cart barn.
The follo%*._lig of golf courses also reprmnts the impressive list of projects that HeMuch Golf
Coastiuction successfully directed
the construction manager- and Quality Control.
Alfred "Tup" Holmes
Applewood Golf Course
Aptos Seascape
Atlanta, Georgia
Golden, Colorado
Aptos, California
Arcadia Golf Course
Arrowhead Golf Course
Bacon Park Golf Cause
Arcadia, California
Littleton, Colorado
Savannah, Georgia
Bayshore Golf Course
Black Lake Golf Course
Bobby Jones
Miami Beach, Florida.
Nipomo, California
Atlanta, Georgia
Brookside Golf Course
Brown's IM Golf Course
Bryan Golf Course
Pasadena, California
Atlannta, Georgia
Bryan, Texas
Camarillo Springs Golf Course
Carolina Shores Golf Course
Chula Vista Golf Course
Camarillo Springs, California
Calabash, North Carolina
Chula Vista, California
Clearview Park Golf Course
Collins Park Golf Course
Continental Golf Course
Bays* Queens, New York
Toledo, Ohio
Scottsdale, Arizona
Cottonwood Creek Golf Course
David L. Baker Golf Course
Detwerila Golf Course
Waco, Texas
Fountain Valley, California
Toledo, Ohio
Dyker Beach Golf Course
El Caro Golf Course
El Dorado Golf Course
Brooklyn, New York
Phoenix, Arizona
Long Beach, California
El Toro Practice Center
Escondido Country Club
Forest Park Golf Course
Lake Forest, California
Escondido, California
St. Louis, Missouri
Glen Lakes Golf Course
Harborside Golf Center
Heartwell Golf Cause
Glendale, Arizona
San Diego California
Long Beach, California
Heatl=idge Country Club
Hidden Hills Country Club
Hollywood Park Golf Center
Aurora, Colorado
Stone Mountain, Georgia
Inglewood, California
Hunt Valley Golf Club
Indian Wells Golf Resort
Kendale Lakes Country Club
Hunt Valley, Maryland
Indian Wells, California
Miami, Florida
Kingwood Cove Golf Club
Lake Houston Golf Course
La Mirada Golf Course
Kingwood, Texas
Huffman, Texas
La Mirada, California
Lake Tahoe Golf Course
Lorna Linda Golf Center
La Tourette Golf Cause
South Lake Tahoe, California
Loma Linda, California
Staten Island, New York
Lomas Santa Fe Country Club
London Bridge Golf Course
Los Verdes Golf Course
Solana Beach, California
Lake Havasu City, Arizona
Rancho Palos Verdes, California
Meadowlark Golf Course
Micke Grove Golf Course
Mission Trails Golf Course
Huntington Beach, California
Lodi, California
San Diego, California
20
Mountain Gate Country Club
Mountain Meadows Golf Cause
Mouftin Shadows Golf Course
Los Angeles, California
Pomona, California
Rohnert Park, Cafornia
National City Golf Course
Normandy Shores
North Fulton Golf Course"
National City, California
Miami Beady California
Adarrta, Georgia
-Oceanside Golf Course
Ottawa Park Golf Cause
Painted Desert
Oceanside, California
Toledo, Ohio
Las Vegas, Nevada
Pelham/Split Rock Golf Course
Rancho San Joaquin Golf Course
Recreation Park Golf Course
Braun New York
Irvine; California
Long.Beach, Caffornia
Renaissance Park Golf Course
Revolution Park Golf Course
River Oaks Golf Plantation
Charlotte, North Carolina
Charlotte, North Carolina
Myrde'Beach, California
Royal Meadows'Golf Course
Sahara Country Club
San Bruno Golf Center
Kansas Cky, Ad wouri
Las Vegas, Nevada
San. Bruno, California
Skylnks Golf Cause
South Shore Golf Course
Stanton Practice Center
Long Beach, California
Staten Island, New York
Stanton, California
Sunset Hills Country Club
Tecolute Golf Course
Tilden Park Golf Course
Thousand Dabs, California
San Diego, Califmia
Berkeley, California
Twin Wells Golf Course
Twelve Bridges
Villa De Paz Golf Course
Irving, Texas
Auburn, California
Phoenix, Arizona
Vista Valencia Golf Course
World Houston Golf Course
Yorba Linda Country Club
Valencia, California
Houston, Texas
Yorba Linda, California
The following list of projects
included forward planning support, consultation, project management, value
wing, budget analysis or contract acquisition.
Bouganvillea Golf Course
Cal Poly Tech
Encinitas Golf Course
San Diego, California
San Luis Obispo, California
La Jolla, California
Penderbrook Golf Club
Stardust Golf Course
Fairfax, Virginia
San Diego, California
Municipal Project Experience
City of Fresno, CA
City ofNew York, NY
City of Visalia, CA
City of Atlanta, GA
City of Los Angeles, CA City of Miami Beach, FL
City of Toledo, OH
Myrtle Beach, NC
City of Houston, TX
City of Dallas, TX
City of San Jose, CA
City of Pleasanton, CA
City ofYorba Linda
City of Anaheim
City of Alameda
City of Oakland
South Lake Tahoe
County of Orange
County of San Luis Obispo
c�v
all
- List of Retrerences:
1. City of Pleasanton
Mr. Dave Iremonger
Director of Finance
925-931-5404
2. City of Pleasanton
Mr. Phil Grubstick
Director of Engineering
925-931-5675
City of Pleasanton: Heinbuch Golf, LLC scope: Complete pre -construction and
construction project management. This project consists of an 18-hole championship golf
course, eighteen housing pads, two miles of offske street work with sewer and water,
project infrastructure, a clubhouse, cart storage building, course restrooms and a
maintenance facility. Project budget: $34,000,000.00
3. City of Anaheim
Mr. Jack Kudron
Director of Golf Operations
714-765-5155
City of Agah_ Heinbuch Golf, LLC scope: Complete pre -construction and
construction project management. This project consists of the demolition of the existing
clubhouse, the construction of a new 20,000 square foot clubhouse for the Anaheim Hills
Golf Course. Project budget: $5,400,000.00
4. Pulte Homes/Del Webb
Mr. Chris Conway
General Superintendent - Land Development
916-434-3419
SanCity r]Lincoln Hills: Heinbuch Golf, LLC scope: Complete pre -construction and
construction management This project consists of an addition of 18- holes on an existing
18-hole complex, bringing the total to 36 holes. Project budget: $3,900,000.00
5. City of West Covina
Mr. Duran Villegas
Assistant Director of Redevelopment
626-939-8417
Go
31
City of West Covina: Heinbuch Golf, LLC scope: Complete pre -construction and
construction project management. This project consists of an 18-hole championship golf
course, commercial building pads, a complete `Big League Dreams" baseball facility,
soccer fields, a restaurant, clubhouse, cart storage facility, course restroom and a
maintenance facility. Project budget: $22,000,000.00
6. City of Yorba Linda
Mr. Steve Rudometkin
Director of Parks & Recreation
714-961-7160
City of YQrba Linda: Heinbuch Golf, LLC scope: Complete pre -construction and
construction project management. This project consisted of the construction of an 18,000
square foot clubhouse for the City of Yorba Linda's Black Gold Golf Course. HGLLC
was also contracted for the pre -construction construction schedule and budget services
for the 18-hole championship Black Gold golf course.
7. City of San Jose
Karen Domerchie
Capitol Improvements
408-794-1350
City of S11n= Heinbuch Golf, LLC scope: Complete pre -construction and
construction project management. This project consisted of the construction of an 18-
hole golf course, infrastructure, clubhouse, cart storage building, course restrooms and a
maintenance facility. Project budget: $12,000,000.00
8. Oakland Golf; LLC
Tom Isaac
President
707-763-0335
City of 0gliland/Port Authority/Oakland Golf, LLC: Heinbuch Golf, LLC scope: Pre -
construction and construction project management. This project consisted of the
construction of an 18-hole championship golf course, infrastructure, clubhouse, cart
storage building, course restrooms and a maintenance facility. Project budget:
Confidential
32
Heinbuch (Golf, LLC's aroiect understanding:
Heinbuch Golf, LLC understands the City of La Quinta wishes to build the first of
two 18-hole golf courses, a maintenance building, two golf course restrooms, and a
temporary. clubhouse with supporting infiastructure. This project is called the RDA's
SilverRock Ranch project and the construction of the above -mentioned scope will be in
Phase IA. Palmer Course Design Company will design this first golf course.
Heinbuch Golf, LLC specializes in two disciplines: 1, Golf Course projects and 2.
Municipal golf course projects. Throughout our years of professional experience, we
understand the complexities .of the specialized construction of a golf course project, and
at the same time, realize the importance of all of the necessary and various aspects of a
Municipal project. We understand that responding to the needs of the neighboring
public, the various issues raised by the City Council, the importance and relevance of
precise documentation and record keeping, and working alongside various City
Departments, provides a collective effort to produce the best project under strict
budgetary and scheduled guidelines. .
. Since Heinbuch Golf, LLC has worked on over one hundred golf course projects,
we have the insight to safeguard all the plans and specifications are correct and in
conformity with one another. Our hands-on experience managing the construction of
temporary clubhouse facilities on various golf course projects, plus the construction of
many maintenance facilities melds directly with the SilverRock project. We understand
-the importance of providing a liaison between the Agency and all project consultants,
plus providing insight by reviewing each and every consultant contract to minimize any
omissions within the respective scopes of service, nor duplication with other consultant's
contractual obligations. We understand the critical importance of managing the
Submittal process and receiving timely responses from the respective consultants. We
understand the importance of the critical path schedule and assisting in the generation of
a" Recovery Plan should the contractor deviate from the established schedule. We
understand the importance of precise record keeping and the recordation of the project
via progress photo logs.
The City of La Quinta wants to provide their community with a golf course
project that .is second to none. Heinbuch Golf, LLC knows and understands the public
bidding and contractor award format plus the intricacies of packaging "bullet proof'
plans and specifications to ensure the contractor has ninfirW opportunity for Change
Orders. Assembling the most complete plans and specifications possible, will ensure the
City's vision is fulfilled with minimal fiscal disruption.
Heinbuch Goff, LLC understands the importance of claims avoidance, and we
work diligently to minimize such events, staying one step ahead of the contractor.
To summarize, Heinbuch Golf, LLC completely comprehends the entire
Municipal construction process and follows through with every detail through project
completion.
62
33
RECORD KEEPING/JOBSUE NOTEBOOKS
Heinbuch Golf, LLC completely understands the complexities of record keeping on a
Municipal project. Listed below is an example of the City requhvd documentation
notebooks and record keeping HGLLC keeps on every Municipal project:
1. Work force, equipment being used and subcontractor daily reports
2. Job site access and construction parking plan
3. Daily correspondence
4. Structural and Golf Course Submittals
5. Chronological log of project RFI's
6. General contractor monthly billing statements
7. Daily reports including activities, work performed, meetings and
recommendations
8. Architect site visit reports
9. Geotechnical reports
10. Greens testing reports
11. Storm Water Pollution Prevention Plans
12. Hazardous material report
13. All permits and conditions
14. Structural engineering reports
15. Archeological reports
16. Structural welding reports and certificates
17. PG&E substructure packages
18. Weekly construction reports
19. Weekly photo log reports
20. Thrde (3) week projection schedule
21. Critical Path schedule
22. Building inspections
23. Punch lists
24. Change Order Log
E3
34
• Coordinate all construction work with each permitting Agency to insure
compliance with permit requirements.
• Coordinate all on -site construction activity to achieve all project milestone
dates, and to ensure that all project goals are attained.
• Insure adherence with accepted industry and Agency standards for all
work.
3. Construction Management Services
• Act as construction project manager and perform all Resident Engineer
functions during construction as the Agency's representative.
• The Agency intends to use `Partnering" on this project. The selected CM
firm will be expected to participate in the partnering relationship to be
developed between the Agency, design team and the contractor.
• Be the point of contact for all communications and interaction with the
Contractor(s) and the design team.
• Review Contractors) certified payrolls and conduct random interviews
with contractor's workers to insure compliance with prevailing wage
regulations
• Review and monitor Contractor(s) construction schedule. Prepare reports
documenting the progress of construction. Take photographs (may
include video tape recordings as well as still photographs) of the
construction progress on a regular basis
• Process submittals and monitor design consultants' review activities.
• Prepare and recommend progress payments.
• Coordinate and chair meetings for Agency construction oversight.
• Identify and manage potential claims and make recommendations -to
resolve them.
• Insure contractor compliance with SWPPP and PM-10 Plans.
• Perform daily on -site inspections to verify construction progress and to
verify that all work conforms to contract requirements.
64
Desired Services
Heinbuch Golf, LLC has f wed itself with the SilvaRock Ranch Conceptual
Master Plan, the physical characteristics of the site, and the proposaed facilities to be
constructed in Phase IA. Heinbuch Golf, LLC understands these facilities will all require
compliance with public bidding and prevailing wage regulations. Heinbuch Golf, LLC
also has the required knowledge of these public contract administrative procedures, and
My understands the following Scope of Service and is included within this proposal
1. Pre -construction Services
• Assist the City, as requested, to review construction documents including,
plans, specifications and all other associated items in order to verify
completeness and consistency throughout the project.
• Check for quantity deficiencies, potential conflicts, staging, sequencing
logic, constructabilty reviews, and consistency between plans and
specifications, etc.
• Assist in the pre -qualification process to select contractors eligible to bid
on the golf course construction contract.
• Conduct a value engineering review of the plans and specifications to
identify potential cost savings
• Review construction bids prior to Agency award of contract.
2. General Project Administration Services
• Provide a written response on Consultant letterhead to each "Request for
Information" (RFI), and to each "Change Order Request (COR),
submitted by contractors.
• Prepare and issue work addenda and/or specification clarifications to
contractors, as needed to complete all project work.
• Participate in pre -construction conferences, and conduct weekly .
construction progress meetings with all involved parties (or as directed by
Agency).
• Prepare and issue all project "Change Orders" (CO) on an as -needed basis,
and as directed by Agency Representative.
• Evaluate reasonableness of proposed construction schedules and make
recommendation to Agency.
.3s
H EINBUC H
nu
CURRENT WORKLOAD SCHEDULE
Heinbuch Golf, LLC is, currently working on the City. of Pleasanton's Happy Valley
project. This project is scheduled for completion in August of 2004. The project
personnel dedicated to that project are in no way relevant to the SilverRock Ranch
project.
Heinbuch Golf, LLC is currently working on Sun City Lincoln Hills. This project will be
completed, on 15 October 2003. Our on site Project MMer John Przvbvszewski who
lives in La�Quinta. would proceed ' to the SilverRock Ranch pW e .
Heinbuch Golf, LLC is currently working on The City of Anaheim's Anaheim Hills Golf
Course clubhouse project. This project is scheduled for a 15 December completion. The
project personnel are in no way affected by the SilverRock Ranch project.
Heinbuch Golf, LLC is currently working on the City of West Covina's unnamed golf
course project. Our involvement in that project is part time until September of 2004. At
that time, our on site Project Manager for the City of Pleasanton's Happy Valley Golf
Course project would be relocated to the City of West Covina This transformation would
have absolutely no effect on the SilverRock Ranch.
In other words. the SilverRock Ranch project fits perfectly in our anticipated
construction and personnel sequencing Our on site Project Manager lives less than two
miles away from the protect site, and the work would proceed out of our Palm Desert
office.
66
COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE•
Consideration of a Professional Services Agreement
with Pacific Advanced Engineering Services Inc.
(PACE) to Provide Water Resources Design Services
for SilverRock Ranch
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: .0
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a professional services agreement with PACE, Inc. to provide water resources
design services for the SilverRock Ranch project, and authorize the Executive Director
to execute the contract.
FISCAL IMPLICATIONS:
The City Capital Improvement Program includes the Silver Rock Ranch project and has
budgeted $4,459,000 for professional services. Approximately $400,000 has been
allocated to planning services, $1,000,000 for golf course architectural services,
$100,000 for development coordinator services, and $444,200 for civil engineering
services. Accordingly, sufficient funds (i.e. approximately $2,514,000) remain in the
account for construction management, water resources design, and other professional
services including marketing, building architecture, and landscape architecture. The
contract with PACE, Inc. is for a not -to -exceed fee of $177,500.
BACKGROUND AND OVERVIEW:
A critical component in the development of the SilverRock Ranch project is compliance
with the Coachella Valley Water District (CVWD) regulations relating to the water
allocated to this project for potable (domestic) and non -potable (irrigation) use.
Recognizing the importance of this issue, PACE, Inc., under a sub -consultant
agreement with the project planner, GMA International, prepared a comprehensive
Water Management Plan that complies with the recently adopted regulations of
67
CVWD. The plan recommends strategies that permit development of SilverRock Ranch
in accordance with the vision of the Agency's master plan.
The Water Management Plan prepared by PACE calculated the project's irrigation
water allocation per CVWD regulations and developed a plan of action to meet these
requirements. The plan included recommendations relating to grading and drainage,
using lakes for runoff storage and recycling, and advance irrigation sensory and master
control systems. The Executive Summary of this plan was presented to the Agency
Board on September 16, 2003. The plan was transmitted to CVWD on October 22,
2003 and is currently under review.
The best opportunity for reducing water demands for the project is development of a
water management plan using state-of-the-art water conservation techniques.
Preparation of plans and specifications for the construction of the lake system, pipes
pumps, wells, canal turnouts, electrical supply, irrigation master controls, and
treatment of storm water runoff consistent with the water management plan is now
necessary.
The City's Consultant Selection Procedure for service contracts allows the award of
contracts without specific competitive proposals where the proposed service provider
has demonstrated competence and satisfactory performance or in the renewal or
renegotiation of existing contracts for continuing services.
Since PACE prepared the Water Management Plan and is most knowledgeable of the
site in their work as sub -consultant GMA and, in order to meet the Agency's
construction schedule, staff requested a proposal from PACE for extended services to
perform the aforementioned tasks (see Stephenson memo, Attachment 1).
After receiving PACE's proposal, staff reviewed same with other team members
including Palmer Course Design, The Keith Companies, and Berryman & Henigar
professionals, negotiated rates, and prepared a formal contract for Agency
consideration (Attachment 2) .
A summary of PACE's tasks and fees are set forth below:
Description/Task Professional Fee
Lake System Design Development Phase $ 24,500
Lake System Construction Documents $ 50,000
Electrical Design $ 31,500
Rough Grading & Drainage Plan Development $ 17,500 (Allowance)
Final Grading/Drainage Plan Consulting $ 4, 000 (T&E)
Controls Design Guidelines $ 5,000
Project Management Meetings & Coordination $ 5,000 (T&E)
8
2
Water Supply Well Design & PS&E's $ 15,000
Water Delivery Canal Turnout Structure CD's $ 20,000
Reimbursable Expenses $ 5,000 (T&E)
Total Fee: $ 177,500
FINDINGS ,AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve a professional services agreement with PACE, Inc. to provide water
resources design services for the SilverRock Ranch project, and authorize the
Executive Director to execute the contract; or
2. Do not approve a professional services agreement with PACE, Inc. to provide
water resources design for the SilverRock Ranch project, and do not authorize
the Executive Director to execute the contract; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Memo from Roy Stephenson, October 24, 2003
2. Professional Services Agreement
6iN
ATTACHMENT 1
MEMORANDUM
TO: Mark Weiss, Assistant Executive Director
La Quinta Redevelopment Agency
FROM: Roy F. Stephenson, Development Coordinator
DATE: October 24, 2003
SUBJECT: Water Resources Design Services
Pacific Advanced Civil Engineering (PACE), Inc.
A critical component in the development of the SilverRock Ranch project is
compliance with the Coachella Valley Water District (CVWD) regulations relating to
the water allocated to this project for potable (domestic use) and non -potable
(irrigation) use.
Recognizing the importance of this issue, PACE, Inc., under a sub -consultant
agreement with the project planner, GMA International, prepared a comprehensive
Water Management Plan that complies with the recently -adopted regulations of
CVWD. The plan recommends strategies that permit development of SilverRock
Ranch in accordance with the vision of the Agency's master plan.
Approximately 300 acre feet/year of water is required for domestic purposes and
approximately 2,000 acre feet/year for irrigation purposes. The domestic water
will be supplied from existing and proposed water lines, with irrigation primarily
supplied from the All American Canal (under CVWD jurisdiction). The best
opportunity for reducing water demands for the project is development of a water
management plan using state-of-the-art water conservation techniques.
The Water Management Plan prepared by PACE calculated the project's irrigation
water allocation per CVWD regulations and developed a plan of action to meet
these requirements. The plan included recommendations relating to grading and
drainage, using lakes for runoff storage and recycling, and advanced irrigation
sensory and master control systems. The Executive Summary of this plan was
presented to the Agency Board on September 16, 2003. The plan was transmitted
to CVWD on October 22, 2003 and is currently under review.
Preparation of plans and specifications for the construction of the lake system,
pipes, pumps, wells, canal turnouts, electrical supply, irrigation master controls,
and treatment of storm water runoff consistent with the water management plan is
now necessary.
470
Since PACE prepared the Water Management Plan and is most knowledgeable of
the site in their work as a sub -consultant to GMA; and in order to meet the
Agency's construction schedule, I requested a proposal from PACE for extended
services to perform the aforementioned tasks. (Attached.)
It is recommended a contract for these professional services be presented to the
Agency Board for consideration at the November 4, 2003 meeting.
71
E
ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the
"Municipality"), a California municipal corporation, and Pacific Advanced Civil Engineering, Inc.
(The "Contractor"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to Water Resources Design services
for SilverRock Ranch, as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Contractor warrants that all
services will be performed in a competent, professional and satisfactory manner in accordance with
the standards prevalent in the industry for such services. Services will be provided to the
Municipality. For convenience, the Municipality is referred to herein as the "Agency."
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal, which shall be incorporated herein by this reference as though fully set forth
herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
Municipality, the Agency, and any and all Federal, State or local governmental agency of competent
jurisdiction.
1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its
sole cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation to
pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the performance of the services required by this
Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor
warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it
has carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the Contractor discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the Agency, it shall immediately inform Agency of such
fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof).
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to person, or property, until acceptance of the work by Agency, except such losses or
damages as may be caused by Agency's own negligence. The performance of services by Contractor
shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective
work at no further cost to the Agency, when such inaccuracies are due to the negligence of
Contractor.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the Contractor shall perform services in addition to those specified in the Scope of
Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that
Contractor shall not be required to perform any additional services without compensation.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to the Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto
as Exhibit "B" and incorporated herein by this reference. The Contractor shall be compensated in an
amount not exceeding One Hundred Seventy Seven Thousand Five Hundred Dollars ($177,500) (the
"Contract Sum"). The method of compensation set forth in the Schedule of Compensation will be on
a percentage completion of tasks.
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to the Agency no later than the tenth (10t') working day of such
month, in the form approved by the Contract Officer, an invoice for services rendered prior to the
date of the invoice. Such invoice shall describe in detail the percentage complete of the services
provided by tasks set forth in Exhibit B. Such invoice shall contain a certification by a principal
member of Contractor specifying that the payment requested is for work performed in accordance
with the terms of this agreement. The Municipality or the Agency, whichever is appropriate based
upon the election of the Agency and the Municipality, will pay Contractor for all expenses stated
thereon which are approved by the Municipality or the Agency pursuant to this Agreement no later
that the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the performance of this Agreement.
3.3. Force Majeure. All time periods specified for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
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other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay is
justified, and the Contracting Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 and 7.8 of
this Agreement, this Agreement shall continue in full force and effect until January 31, 2005.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor is
hereby designated as being the principal and representative of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
1. Mark Krebs
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principal were a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of the Agreement for directing
all activities of Contractor and devoting sufficient time to personally supervise the services
hereunder. The foregoing principal may not be changed by Contractor and no other personnel may
be assigned to perform the service required hereunder without the express written approval of
Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant Executive
Director or such other person as may be designated by the Executive Director of the Municipality.
The Contract Officer has been authorized to act on behalf of the Municipality for the purposes of this
Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein,
any approval of Agency required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the Agency. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval
of Agency.
4.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of Agency.
4.5 Agency Cooperation. The Agency shall provide Contractor with any plans,
publications, reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to the Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. The Contractor shall procure and maintain, at its cost, and
submit concurrently with its execution of the Agreement, public liability and property damage
insurance against all claims for injuries against persons or damages to property resulting from
Contractor's acts or omissions rising out of or related to Contractor's performance under this
Agreement. The insurance policy shall contain a severability of interest clause providing that the
coverage shall be primary for losses arising out of Contractor's performance hereunder and neither
the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming the Agency and its officers and employees as additional insured shall be
delivered to and approved by the Agency prior to commencement of the services hereunder. The
amount of insurance required hereunder shall be determined by the Contract Sum in accordance with
the following table:
Contract Sum
Coverage (personal injury/property damage)
Less than $50,000
$100,000 per individual; $300,000 per occurrence
$50,0004300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
$500,000 per individual; $1,000,000 per occurrence
The Contractor shall also carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the use of any
automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for
travel on public roads. The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contractor's performance
hereunder and neither the Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming the Agency and its officers and employees as
additional insured shall be delivered to and approved by the Agency prior to commencement of the
services hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance with State
Workers' Compensation laws.
The Contractor shall procure professional errors and omissions liability insurance in the
amount acceptable to the Agency.
All insurance required by the Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days' written notice of proposed
cancellation to Agency. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the
Agency, its officers, employees, contractors, subcontractors or agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless
the Agency, its officers, officials, employees, representatives and agents, Agency indemnitees, from
and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses,
including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property
(including property owned by the Agency) ("Claims") and for errors and omissions committed by
Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and
agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or
related to Contractor's performance under this Agreement, except to the extent of such loss as may
be caused by Agency's own active negligence, sole negligence or willful misconduct, or that of its
officers or employees.
In the event the Agency indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the
Agency indemnitees, or at the Agency's option, reimburse the Agency indemnitees their costs of
defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnitees.
5.3 Remedies. In addition to any other remedies the Agency may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, the Agency, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the Agency
may have and are not the exclusive remedies for Contractor's failure to maintain or secure
appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contractor may be held responsible for payments of damages to person or
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property resulting from Contractor's or its subcontractors performance of work under this
Agreement.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Contractor shall keep such books and records as shall be necessary
to perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept and
prepared in accordance with generally accepted accounting principles. The Contract Officer shall
have full and free access to such books and records at all reasonable times, including the right to
inspect, copy, audit and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents, and other materials, whether in hard copy or electronic form, which are prepared
by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of Agency and shall be delivered to Agency upon the termination of this Agreement
or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further
employment or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Contractor may retain copies of such
documents for its own use. Contractor shall ensure all subcontractors to assign Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer or
as required by law. Contractor shall not disclose to any other private entity or person any
information regarding the activities of the City or Agency, except as required by law or as authorized
by the Agency.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
►1 7
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therefor. The injured party shall continue performing its obligation hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and completes
the cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger to
the health, safety and general welfare, the Agency may take such immediate action as the Agency
deems warranted. Compliance with the provisions of this Section shall be a condition precedent to
termination of the Agreement for cause and to any legal action, and such compliance shall not be a
waiver of any party's right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Contractor sufficient funds to compensate Agency for any losses, costs, liabilities or damages it
reasonably believes were suffered by Agency due to the default of Contractor in the performance of
the services required by the Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
Agency's consent or approval of any act by Contractor requiring Agency's consent or approval shall
not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act
of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8 for
termination for cause. The Agency reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit `B") or such
as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination for Default of Contractor. If termination is due to the failure
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of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the
provision of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owned the Agency as
previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connections with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees. No officer or employee of
the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the Agency of for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of the Agreement.
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his personal interest or the interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given and
will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
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To Municipality:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant Executive Director
To Contractor:
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
Mark Krebs P.E.
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by all parties.
9.4 Severability. In the event that any or more of the phrases, sentences,
clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
Lo
Name:
Title:
LA QUINTA REDEVELOPMENT
AGENCY, a California municipal corporation
By:
EXECUTIVE DIRECTOR
"MUNICIPALITY"
"CONTRACTOR"
15
EXHIBIT "A$'
SCOPE OF ENGINEERING SERVICES
SILVERROCK RANCH PROJECT — WATER RESOURCES CONSULTING
#7645 E
October 24, 2003
The Client and the Consultant for mutual consideration hereinafter set forth, agree as follows:
Objective:
To provide water resource consulting services for the SilverRock Ranch project.
A. Consultant agrees to perform the following services:
Task 21 — Lake System Desion Development Phase:
(For entire project — 30 AC of Lakes/Streams & Waterfalls)
• Finalize horizontal and vertical layout.
• Coordinate with GMA/Palmer regarding lake surface area allocation (village, tournament
& resort).
• Preliminary design of lake flow through system (pipes, pumps, etc.).
• Preliminary lake water quality management plan.
• Lake water supply (canal turnout — CVWD coordination).
• Preliminary well location, sizing and pipe line.
• Preliminary lake system cost estimate.
• Irrigation system coordination.
• Allowances for phased construction of lake system.
Task 22 - Lake System Construction Documents:
(For tournament course & village lakes + 21 acres, assuming a maximum of 3 pump stations &
waterfalls at entry lakes and 2 waterfalls at the village lake)
• Final design, specifications and construction plans for complete lake system. (P.S. &
E's) — 20 plan sheets total
• Liner, shoreline, re -circulation pumps, pipe lines.
• Lake water quality management systems — Aeration, biofiltration, etc.
• Structural design and electrical design of pump stations are excluded from this work
task. We have assumed that the project architect will provide any and all necessary
structural. Electrical design (delivery of power to pump stations and design of pump
station power supply and control panel) is excluded from this task. Task 23 iricludes an
allowance for an electrical sub -consultant to provide.
• Assume 3 pump stations total (including irrigation pump station — The irrigation pump
station is designed by others. PACE will design pipeline from lake and irrigation wet
well).
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Roy Stephenson — SilverRock Ranch October 24, 2003
Contract Agreement for #7645E Page 2 of 5
Task 23 — Electrical Design Services (Sub -Consultant to PACE):
• The detailed scope is as listed below:
o Scope of Services:
Dream Engineering Inc provides Electrical Engineering Services and all
necessary coordination with appropriate agencies for bringing electrical service
onto site with an electrical service at the proposed clubhouse location,
maintenance bldg locations and electrical service stub out to the commercial
area. Dream will provide feeder circuits to pump stations, ground lighting, water
features, restroom buildings, temporary clubhouse, and irrigation controllers.
Dream Engineering Inc. will provide electrical panels and light and power layouts
in pump stations buildings.
o Electrical Construction Drawings And Dry Utility Coordination:
Dream Engineering Inc provides construction drawings and design site electrical
system. Dream Engineering Inc provides electrical load calculations for sizing
electrical service and feeder conductors, Single Line Diagram, Fault Current
Analysis, Voltage Drop Calcs, Electrical distribution; and we stub out for services
at the club house, maintenance buildings, restroom buildings. Dream
Engineering Inc. will address all plan check corrections. Specifications will be
included in the Construction drawings. All work will either be done by, or under
the direct and immediate supervision of a State Licensed Electrical Engineer.
o Deliverables:
Will include a complete set of construction drawings, which will include dry utility
routing and feeder conductors routing, electrical details and completed
applications for dry utilities. Deliverables will also include electrical specification
(CSI format) and line item cost estimate. This proposal will cover up to and
including all approvals of plans and receipt of all "red lined" drawings from
electrical utility.
o Items Excluded From This Proposal
1. Applications Fees.
2. Soils Reports.
Task 25 -Stough Grading & Drainage Plan Development:
• PACE shall continue coordination of mass grading and preliminary master drainage
plans (1 "=200' scale) in an effort to incorporate planning (GMA), golf (Palmer), offsite
storm drainage (MDS), on -site storm drainage (TKC) and overall site earthwork balance
to meet the design criteria established within the project water management plan.
• Objective of this scope is to provide TKC with developed mass grading plan that
addresses conveyance and on -site and off -site storm water through the golf course and
achieve the planning goals of the project (TKC will prepare final grading plan for bidding
and construction purposes).
• The scope of work deliverables includes a Technical Memorandum identifying the
project hydrology for typical drainage areas and indication of total stormwater runoff
volume and potential storage areas within the lakes and on the golf course.
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Roy Stephenson - SilverRock Ranch October 24, 2003
Contract Agreement for #7645E Page 3 of 5
Task 26 - Final Grad ino/Drainage Plan Consulting (T&E):
• PACE shall be available to clarify mass grading and preliminary drainage plan concepts
and assist TKC with grading and drainage solutions as requested.
• PACE shall provide firm grading and drainage plan review for water master plan
consistency and value engineering purposes.
Task 38 - Controls Design Guidelines:
• PACE shall retain the services of sub -consultant specializing in irrigation controls system
to provide above services including preparation of a set of irrigation control system
design to facilitate the irrigation master system.
• Note: This scope is not complete and will ultimately require additional irrigation controls
consulting and design services (possibly can be delayed until Phase 11, but may be
required prior to construction of Phase 1).
Task 40 - eroiect Management Meetings & Coordination (T&E):
(For design development and final design phase estimated Nov., Dec., and Jan. — 3 months)
• PACE shall prepare for and attend 2 meetings per month (at site, at City, at other
consultant offices). Assume 16 hours per month @ $100/hr. x 3 months (48 hours) _
$4,800 for labor.
Task 41 - Water Supply Well Design & PS&E's:
• Initial well $12,000 and second well $3,000.
• PACE shall coordinate with well drilling contractor relocation and details for proposed
project wells (2 wells approximately 16 to 30 inches in diameter and 800 to 900 feet
deep with a goal of providing 2,000 to 2,500 GPM at each well).
• PACE shall prepare plans to identify well specifications and construction requirements
(P.S. & E's for construction of wells (2)).
• PACE shall identify and pre -select 2 to 3 qualified well drillers and assist in obtaining
bids of RDA consideration.
• Scope does not include electrical or structural for well or pump house if required.
Task 42 - Water Delivery Canal Turnout Structure Ws:
• Evaluate potential for use of existing turnout structures.
• PACE shall locate and design canal turnout structure to deliver CVWD irrigation water to
the project irrigation lake.
• Design shall include all necessary hydraulic and structural calculations including use of
CVWD standard design methods and details.
• PACE shall complete design and deliver to CVWD for review and approval.
• PACE shall coordinate with CVWD and provide necessary revisions, etc. to obtain
approval for the proposed project turnout structure.
Task 00-13eimbursable Expenses (T&E):
• PACE shall be reimbursed for expenses at cost + 10%. This includes travel, plan/report
reproductions, shipping, miscellaneous, etc. Allowance of $5,000.
18
Roy Stephenson — SilverRock Ranch October 24, 2003
Contract Aareement for #7645E Page 4 of 5
EXHIBIT "B"
COMPENSATION
SILVERROCK RANCH PROJECT — WATER RESOURCES CONSULTING
#7645 E
Fee
Pacific Advanced Civil Engineering, Inc. (PACE, Inc.) will complete the work outlined herein and
invoice Client monthly on a percentage of completion basis for the lump sum task items and on
a time and expenses basis for remaining items, for a total fee of $177,500, plus the direct costs
of reimbursable expenses in accordance with the attached Exhibit C — Hourly Rate Schedule.
TASK DESCRIPTION
Task 21
Lake System Design Development Phase
Task 22
Lake System Construction Documents
Task 23
Electrical Design (including 7.5% mark-up)
Task 25
Rough Grading & Drainage Plan Development
Task 26
Final Grading/Drainage Plan Consulting
Task 38
Controls Design Guidelines
Task 40
Project Management Meetings & Coordination
Task 41
Water Supply Well Design & PS&E's
Task 42
Water Delivery Canal Turnout Structure CD's
Task 00
Reimbursable Expenses
TOTAL FEE:
ASSUMPTIONS AND EXCLUSIONS
PROFESSIONAL FEE
$ 24, 500
$ 50,000
$ 31,500
$ 17,500 (Allowance)
$ 4,000 (T&E)
$ 5,000
$ 5,000 (T&E)
$ 15,000
$ 20,000
5,000 (T&E)
$177,500
The Client's responsibilities shall include; providing Pacific Advanced Civil Engineering, Inc. with
the base data and project information in a timely manner, coordination and management of
other team consultants to assure that the project schedule can be met, and prompt payment of
invoices in accordance with the terms and conditions included herein. The specific items that
are to be provided by the Client or other consultants include the following:
1. Client input pertaining to project design issues and requirements including effluent
supply quantity, quality and scheduling.
2. Site land -use base plans with existing and proposed elevation contours in transferable
computer format.
3. Geologic and soils investigation reports.
4. Existing and proposed hydrologic and drainage data, maps, and reports.
5. Any other data that directly impacts PACE ability to perform the design in an efficient
and economic manner.
Any proposed project changes which affect work in progress or previously completed will be
justification for additional compensation including additional water feature elements.
Roy Stephenson — SlIverRock Ranch October 24, 2003
Contract Agreement for #7645E Paoe 5 of 5
All required aerial topography and base mapping will be paid for and supplied by Client, or
others. Base topo and site information will be provided in digital (electronic) format compatible
with AUTOCAD Rel. 14.
Each water feature plan or report will be prepared one (1) time.
No surveying or construction staking is included.
Local government approval meetings, hearings, etc., and preparation of presentation graphics
will be under separate work authorization, if required.
Existing utility information research and mapping is not included and will be provided by Client.
The fees proposed herein shall apply until April 2004. Due to ever -changing costs, Consultant
will increase those portions of the contract fee for which work must still be completed after April
2004, as negotiated with the Client up to a maximum of ten -percent (10%).
Client Initials:
Consultant Initials:
PA7645E\3-Contracts - Proposals\Stephenson Prop Rev 10-24-03\4. Scope -Compensation- Exhibit ASB-10-24-03.doc
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20
Exhibit "C"
PACE HOURLY RATE SCHEDULE
Effective January, 2003
Principal.........................................................................I............................. $135.00
Senior Project Manager............................................................. $135.00
ProjectManager.......................................................................................... $110.00
SeniorEngineer........................................................................................... $110.00
ProjectEngineer.......................................................................................... $95.00
FieldEngineer............................................................................................. $80.00
Associate Project Engineer.......................................................................... $75.00
SeniorCAD Technician.............................................................................. $75.00
CADTechnician........................................................................................... $65.00
GraphicDesigner......................................................................................... $70.00
ProjectCoordinator...................................................................................... $55.00
Estimator..................................................................................................... $55.00
Junior Project Engineer ................ $
55.00
Clerical/Administrative Support.................................................................... $45.00
Out -of -Town Subsistence Travel Portal to Portal ......................................... At Cost + 10%
Reimbursable Expenses (Mileage, Reproduction, Shipping, etc.) ............... At Cost + 10%
G.P.S. Survey Unit (w/o Operator)............................................................. $65.00
(Operator billed separately @ $95/hr — Longer term projects may require rate negotiation to reduce cost)
DREAM ENGINEERING HOURLY RATE SCHEDULE
CATEGORY RATE
Electrical Engineer
$90.00/Hour
Mechanical Engineer
$105.00/Hour
Engineer Senior
$95.0 /Hour
Quality Supervisor
$55.00/Hour
Senior Cad Operator
$60.00 /Hour
Cad Operator
$50.00 /Hour
Accounting Clerk
$45.00/Hour
Office Manager
.•
COUNCIL/RDA MEETING DATE: November 4, 2003
Consideration of an Agreement for Purchase and
Sale Between the Redevelopment Agency and
Sheila Weldon, Trustee and Her Successors in
Trust Under the Weldon Trust, for Property Located
at 78-990 Miles Avenue, Subject to the
Completion of Environmental Documentation as
Required by the California Environmental Quality
Act (CEQA)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the form of the Agreement for Purchase and Sale subject to successful
completion of the CEQA process and a Phase 1 Hazardous Materials Survey.
FISCAL IMPLICATIONS:
Purchasing and redeveloping the Vista Dunes Mobile Home Park with new modular
single-family homes affordable to very low and low income family households will
result in the expenditure of up to $15,500,000 in future Low Mod Housing Bond
Fund proceeds.
BACKGROUND AND OVERVIEW:
In March of this year the Agency Board received a presentation regarding the status
of the Agency's efforts to secure affordable dwellings with long-term covenants.
The California Redevelopment Law provides that the Agency must insure that 15 %
of all units developed, or substantially rehabilitated, in both Redevelopment Project
Areas are affordable to very low, low and moderate -income households. Of these,
40% must be affordable to very low-income households. The affordable dwellings
must have covenants that insure that they remain affordable for 45 years for single-
family homes and 55 years for multi -family homes. Based upon existing and
projected residential development in both Project Areas, the Agency must secure
1,927 affordable dwellings by 2040, of which 771 must be affordable to very low-
income households. Further, the Law provides that the Agency must insure that
1,672 affordable dwellings are in place by 2004, of which 669 must be affordable
to very -low income households. To date, the Agency has secured 894 affordable
S:\CityMgr\STAFF REPORTS ONLY\BS8 RDA WeldonPur-Sale.doc 93
dwellings comprised of 194 affordable to very low-income households and 700
affordable to low and moderate -income households.
At the conclusion of the discussions held in March, the Agency Board directed staff
to contact the owners of both mobile home parks in north La Quinta and ascertain
their interest in selling their parks. The rationale was to purchase these parks,
redevelop the parks with new modular single-family dwellings, and rent the
dwellings to very -low income households. Both park owners were contacted. One
owner, Ms. Shelia Weldon, who owns the 93-space park located at 78-990 Miles
Avenue, expressed interest in selling her park. This was reviewed with the Agency
Board who subsequently authorized staff to commission an appraisal. John P.
Neet, MAI, who specializes in appraising manufactured home communities and
mobile home parks, was retained. Mr. Neet opined that the market value of this
park is $2,550,000. The Agency Board authorized staff to submit a purchase offer
for this amount that was subsequently accepted by Ms. Weldon.
The Agreement for Purchase and Sale (Attachment 1) facilitates the acquisition of
the Vista Dunes Mobile Home Park subject to satisfying certain conditions. These
entail successfully completing the required environmental review process pursuant
to CEQA and completing and accepting a Phase 1 Hazardous Materials Survey. If
both of these events occur, then the Agency will undertake the following:
• Acquire the park and use the Agency's redevelopment authority to redevelop
the park with manufactured housing units rented to very low-income
households (the current tenant profile) .
• Retain the current park management to operate the park until the
redeveloped property is sold to a qualified non-profit organization that would
own and operate the rental units.
• Offer relocation assistance to existing tenants: temporary relocation facilities
to those who wish to relocate back into the park when redeveloped, and
permanent relocation assistance to those who wish to live elsewhere.
• Purchase the existing mobile home coaches and dispose of them. All of the
coaches, except for the park manager's coach, are owned either by the
tenants or third parties. The coach offer price would be based upon
appraised value.
• Reconfigure the dwelling layout to increase open space, storage and parking
areas. This will result in a reduction of approximately 11 units. Also,
reconstruct existing utility infrastructure, common and recreation areas, and
install new roadways and landscaping.
02
row
• Purchase manufactured housing units that are specifically designed for this
site that would feature one, two and three bedroom floor plans that are
energy efficient, and that embrace a common sense response to building in
the desert.
• Sell the redeveloped park to a non-profit organization that would operate and
maintain the park to standards established by the Agency. The non-profit
would be required to obtain financing based upon the net rental income
generated.
RSG has conducted extensive analysis of• the costs and legal parameters
associated with this proposal. Based upon a worst case scenario wherein all
tenants would be permanently relocated, the projected all in acquisition,
relocation, site improvement, and unit purchase costs would total $15.5 million.
Potential income from the sale to a non-profit organization is estimated to be $3.5
million, leaving a net Agency investment of $12.0 million or $146,000 per unit.
This compares to an investment of $150,000 to $200,000 for non -tax credit
financed, stick -built, very -low income units. Further, this proposal facilitates
redeveloping a deteriorating mobile -home park and installing an ownership and
management structure that must conform to City and Agency operations and
maintenance standards.
If the Agency Board conditionally approves the Agreement for Purchase and Sale
the next steps will entail:
• Submitting the Agreement to Ms. Weldon, who has agreed in concept to the
terms and conditions.
• Preparing and submitting a full, detailed budget and funding request
authorization to establish this project as a capital improvement project. This
must occur after the CEQA process. Staff will schedule this consideration
for the December 2, 2003 Agency meeting. In addition, a future housing
bond sale will be necessary to complete the entire $15,500,000 project.
• Retaining a qualified relocation consultant and a mobile home coach
appraiser.
• Assigning RSG to manage this transaction, coordinating the tenant interface,
interim park management, redesign, relocation, coach purchase and disposal,
reconstruction, and non-profit retention and sale efforts.
S:\CityMgr\STAFF REPORTS ONLY\BS8 RDA WeldonPur-Sale.doc 03
90
Given the Agency's acute need to obtain units affordable to very -low income
households, combined with the need to redevelop this dilapidated and blighted
property, staff recommends that the Agency Board approve the Agreement for
Purchase and Sale.
FINDINGS AND ALTERNATIVES:
Alternatives available to the Agency Board include:
I. Approve the form of the Agreement for Purchase and Sale subject to
successful completion of the CEQA process and a Phase 1 Hazardous
Materials Survey; or
2. Do not approve the form of the Agreement for Purchase and Sale subject to
successful completion of the CEQA process and a Phase 1 Hazardous
Materials Survey; or
3. Provide staff with alternative direction.
Respectfully submitted,
for
Approved for submission by:
/ Thomas P. Genovese, Executive Director
Q
Attachment: 1. Agreement for Purchase and Sale
�- 04
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ATTACHMENT #1
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
BY AND BETWEEN
SHEILA WELDON, TRUSTEE AND HER SUCCESSORS IN TRUST UNDER THE
WELDON TRUST DATED NOVEMBER 20,1987, AND ANY AMENDMENTS
THERETO
("SELLER")
LA QUINTA REDEVELOPMENT AGENCY
("BUYER")
88MI5610-0047 05
441578.04 a10/31/03 9 r)
TABLE OF CONTENTS
Pate
1. PURCHASE PRICE......................................................................................................... I
1.1 Amount.................................................................................................................1
1.2 Payment of Purchase Price.................................................................................... l
2. DUE DILIGENCE............................................................................................................1
2.1 Due Diligence.......................................................................................................1
3. ESCROW..........................................................................................................................5
3.1 Opening of Escrow...............................................................................................5
3.2 Escrow Instructions...............................................................................................5
4. CLOSE OF ESCROW......................................................................................................5
4.1 Close of Escrow; Closing Date............................................................................. 5
4.2 Recordation; Release of Funds and Documents ................................................... 5
5. DELPVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.............6
5.1 Buyer's Obligations..............................................................................................6
5.2 Seller's Obligations...............................................................................................6
6. TITLE INSURANCE POLICY........................................................................................6
6.1 Title Policy............................................................................................................6
6.2 Payment for Title Policy....................................................................................... 7
7. REAL PROPERTY TAXES..........................................................................................7
8. SPACE RENT/SECURITY DEPOSITS/PERMIT TO OPERATE . .............................7
9. CONDITIONS PRECEDENT TO CLOSING.................................................................7
9.1 Conditions Precedent to Buyer's Obligations.......................................................7
9.2 Conditions Precedent to Seller's Obligations....................................................... 8
10. POSSESSION..................................................................................................................8
11. ALLOCATION OF COSTS.............................................................................................8
11.1 Buyer's Costs........................................................................................................ 8
11.2 Seller's Costs........................................................................................................9
12. INDEMNIFICATION....................................................................................................... 9
13. CONDEMNATION........................................................................................................10
14. MISCELLANEOUS.......................................................................................................10
14.1 Assignment.........................................................................................................10
14.2 Attorney's Fees...................................................................................................10
14.3 Notices................................................................................................................10
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Paiw
14.4 Fair Meaning.......................................................................................................11
14.5 Headings .................................................. :.......................................................... 11
14.6 Choice of Laws; Litigation Matters....................................................................11
14.7 Nonliability of Buyer Officials...........................................................................11
14.8 Gender; Number..................................................................................................11
14.9 Survival...............................................................................................................11
14.10 Time of Essence..................................................................................................12
14.11 Waiver or Modification.......................................................................................12
14.12 Broker's Fees......................................................................................................12
14.13 Duplicate Originals.............................................................................................12
14.14 Severability.........................................................................................................12
14.15 Exhibits...............................................................................................................12
14.16 Covenants of Seller.............................................................................................12
13
14.17 Corporate Authority............................................................................................
14.18 Covenant Against Discrimination.......................................................................13
14.19 Entire Agreement; Amendment..........................................................................13
EXHIBITS
Exhibit A Legal Description of the Property
Exhibit B Form of Grant Deed
Exhibit C Form of Affidavit of Non -Foreign Entity
882/015610-0047
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AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
("Agreement") is made and entered into as of , 2003 ("Effective Date") by
and between SHEILA WELDON, TRUSTEE AND HER SUCCESSORS IN TRUST UNDER
THE WELDON TRUST DATED NOVEMBER 20, 1987, AND ANY AMENDMENTS
THERETO ("Seller"), and the LA QUINTA REDEVELOPMENT AGENCY, a public body,
corporate and politic ("Buyer"). As hereinafter used in this Agreement, the term "Buyer" shall
mean Buyer and/or Buyer's nominee.
RECITALS:
A. Seller is the owner of that certain improved real property located at 78990 Miles
Avenue in the City of La Quinta ("City"), County of Riverside, State of California, more
particularly described in the legal description attached hereto as. Exhibit "A" ("Property").
B. Buyer desires to purchase the Property from Seller and Seller desires to sell the
Property to Buyer, on the terms and conditions set forth herein.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants
herein contained, the parties hereto agree as follows:
1. PURCHASE PRICE.
1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to
purchase the Property from Seller and Seller agrees to sell the Property to Buyer, for the
purchase price of Two Million Five Hundred Fifty Thousand Dollars ($2,550,000.00)
("Purchase Price").
1.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding
the "Closing Date" (as that term is defined in Section 4.1) or such earlier time as required by
"Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 3.1) on the
Closing Date, Buyer shall deposit with Escrow Holder in Good Funds (as used in this
Agreement, the term "Good Funds" shall mean a confirmed wire transfer of immediately
available funds, cashier's or certified check drawn on or issued by the office of a financial
institution located in Riverside County, or cash) the Purchase Price, and such additional funds as
may be required to meet Buyer's portion of the closing costs as hereinafter provided.
2. DUE DILIGENCE.
2.1 Due Diligence. As used herein, the term "Due Diligence Period" shall refer to a
period of time to expire upon the date that is sixty (60) days after the Effective Date. Buyer's
88MI5610-0047
441578.04 a10/31/03 ' 1' 08
9 5
obligation to consummate the transactions contemplated by this Agreement is subject to and
conditioned upon Buyer's approval, deemed approval or waiver of the right to approve of the
following contingencies set forth in this Section 2.1 (collectively, the "Contingencies"):
2.1.1 Title/Survey. Seller shall deliver to Buyer, within five (5) days after the
Effective Date of this Agreement, a preliminary title report prepared by Fidelity National Title
Company ("Title Company") dated nor more than thirty (30) days earlier than the Effective Date
describing the state of title of the Property together with copies of all underlying documents
(collectively the "Preliminary Title Report"). Buyer may, at its sole cost and expense, obtain a
current survey of the Property (the "Survey"). Notwithstanding anything herein to the contrary,
Seller shall be obligated to remove all monetary encumbrances against the Property excluding
non -delinquent real property taxes and assessments. Buyer shall notify Seller in writing of any
objections Buyer may have to title exceptions contained in the Preliminary Title Report or
matters shown on the Survey no later than the date which is thirty (30) days after the later of (i)
Buyer's receipt of the Preliminary Title Report or (ii) Buyer's receipt of the Survey within the
time period set forth .above ("Buyer's Objection Notice"). Buyer's approval or disapproval of
the matters set forth in the Preliminary Title Report and the Survey may be granted or withheld
in Buyer's sole and absolute discretion. Buyer's failure to provide Seller with a Buyer's
Objection Notice within said period shall constitute Buyer's approval of all exceptions to title
shown on the Preliminary Title Report and all matters shown on the Survey. Seller shall have a
period of fifteen (15) days after receipt of Buyer's Objection Notice in which to deliver written
notice to Buyer ("Seller's Notice") of Seller's election to either (i) agree to remove the
objectionable items on the Preliminary Title Report or Survey prior to the "Close of Escrow" (as
that term is defined in Section 4.1), or (ii) decline to remove any such title exceptions or Survey
matters and terminate the Escrow and the obligations of Buyer and Seller to purchase and sell the
Property under this Agreement. Seller's failure to provide Buyer with Seller's Notice within said
period shall constitute Seller's election not to remove the objectionable items on the Preliminary
Title Report or the Survey. If Seller is deemed to have elected not to remove the objectionable
items on the Preliminary Title Report or Survey, or if Seller notifies Buyer of its election to
terminate rather than remove the objectionable items on the Preliminary Title Report or Survey,
Buyer shall have the right, by written notice delivered to Seller within five (5) days after (i)
Buyer's receipt of Seller's Notice, or (ii) the date Seller is deemed to have elected not to remove
the objectionable items on the Preliminary Title Report or Survey, as applicable, to agree to
accept the Property subject to the objectionable items, in which event Seller's election, or
Seller's deemed election, to terminate shall be of no effect, and Buyer shall take title at the Close
of Escrow subject to such objectionable items without any adjustment to or credit against the
Purchase Price. All exceptions to title shown on the Preliminary Title Report, other than those
which Seller may agree to remove pursuant to this Section 2.1.1, shall be deemed to have been
approved by Buyer unless Seller is notified otherwise in writing.
Upon the issuance of any amendment or supplement to the Preliminary Title
Report which adds additional exceptions, including any survey exceptions, the foregoing right of
review and approval shall also apply to said amendment or supplement; provided, however, that
Buyer's initial period of review and approval or disapproval of any such additional exceptions
shall be limited to fifteen (15) days following receipt of notice of such additional exceptions.
The process set forth above for Buyer's review and Seller's response shall apply to any review
and response with respect to any amendment or supplement to the Preliminary Title Report, and
8821015610-0047
441578.04 a10/31/03 -2-
�� 96
the Closing shall be extended for such period as is necessary to allow for that review and
response process to be completed.
-2.1.2 Environmental Condition. Buyer shall have access to the Property, as
described in this Section 2.1.2, in order to permit Buyer or its directors, engineers, analysts,
officers, employees, agents, contractors, representatives, attorneys or advisors (collectively, the
"Buyer Representatives") to investigate the Property.
(a) During the Due Diligence Period, Seller shall permit Buyer and Buyer
Representatives, at the sole cost and expense of Buyer, to conduct physical inspections of the
Property, including the site work, soil, subsurface soils, drainage, seismic and other geological
and topographical matters, location of asbestos, toxic substances, hazardous materials or wastes,
if any, and any other investigations as Buyer deems prudent with respect to the physical
condition of the Property in order to determine the Property's suitability for Buyer's intended
development. In no event shall Buyer conduct any intrusive testing procedures on the Property
without the prior written consent of Seller, which consent shall not be unreasonably withheld.
Such investigations may be made by Buyer and/or Buyer Representatives during any normal
business hours. Buyer shall also have the right to investigate all matters relating to the zoning,
use and compliance with other applicable laws, codes, and ordinances which relate to the use and
occupancy of the Property. Seller shall cooperate to assist Buyer in completing such inspections
and special investigations at no cost or expense to Seller. Such inspections and investigations
shall be conducted only upon no less than twenty-four (24) hours' notice to Seller and shall be
conducted at such times and in such a manner as to minimize any disruption to the Property.
Seller shall have the right, but not the obligation, to accompany Buyer during such investigations
and/or inspections.
(b) As a condition to any such entry, Buyer shall (i) conduct all work or
studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous
conditions to occur on the Property during or after such investigation; (ii) comply with all
applicable laws and governmental regulations; (iii) keep the Property free and clear of all
materialmen's liens, lis pendens and other liens arising out of the entry and work performed
under this paragraph; (iv) maintain or assure maintenance of workers' compensation insurance
(or state approved self-insurance) on all persons entering the property in the amounts required by
the State of California; (v) provide to Seller prior to initial entry a certificate of insurance
evidencing that Buyer and/or the persons entering the Property have procured and has in effect
an all-risk public liability insurance policy meeting the following requirements: (1) the
insurance shall be written on a per occurrence and not claims -made basis; (2) the amount of
insurance shall be a combined single limit of not less than Two Million Dollars ($2,000,000.00)
with a deductible or self -insured retention amount of not more than One Hundred Thousand
Dollars ($100,000); (3) the policy shall name or be endorsed to Seller and Seller's officers,
employees, agents, and representatives (collectively, "Seller & Seller Personnel") as additional
insureds; (4) the insurance shall not contain any special limitations on the scope of protection
afforded to Seller & Seller Personnel; (5) the policy shall not be canceled by the insurer or
Buyer unless there is a minimum of thirty (30) days prior written notice to Seller; (6) the insurer
shall waive subrogation rights against the Seller & Seller Personnel; and (7) the insurance shall
be primary insurance and not contributory with any insurance any of Seller & Seller Personnel
may have; and (8) the insurance shall apply separately to each insured against whom a claim is
88=15610-0047
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-10
Q
v
made or suit is brought, except with respec
(vi) following Buyer's entry, repair any and
inspections or investigations in a timely manner.
to the limits of the insurer's liability; and
all damage to the Property caused by such
(c) Buyer shall promptly pay and discharge all demands for payment relating
to Buyer's entry on and investigation of the Property and take all other steps to avoid the
assertion of claims of lien against the Property. In the event a claim of lien is recorded by reason
of Buyer's entry on the Property, Buyer, within twenty (20) days of such recordation, shall either
(i) record or deliver a surety bond sufficient to release such claim or lien in accordance with
applicable law; or (ii) provide Seller with such other assurance as Seller may require for the
payment of the claim or lien. Seller may elect to record and post notices of non -responsibility
from time to time on and about the Property.
(d) Prior to expiration of the Due Diligence Period, Buyer shall notify Seller
in writing ("Buyer's Property Objection Notice") of any objections Buyer may have to any
physical or environmental conditions of the Property (the "Disapproved Property Matters").
Buyer's approval or disapproval of the physical and environmental conditions of the Property
may be granted or withheld in Buyer's sole and absolute discretion. Buyer's failure to provide
Seller with a Buyer's Property Objection Notice shall constitute Buyer's approval of the
condition of the Property. Seller shall have a period of fifteen (15) days after receipt of Buyer's
Property Objection Notice in which to deliver written notice to Buyer ("Seller's Response") of
Seller's election to either (i) agree to remove the Disapproved Property Matters prior to the Close
of Escrow, or (ii) decline to remove the Disapproved Property Matters and terminate Escrow and
the obligations of Buyer and Seller to purchase and sell the Property under this Agreement.
Seller's failure to provide Buyer with Seller's Response within said period shall constitute
Seller's election not to remove the Disapproved Property Matters prior to the Close of Escrow.
If Seller is deemed to have elected not to remove the Disapproved Property Matters, or if Seller
notifies Buyer of its election to terminate rather than remove the Disapproved Property Matters,
Buyer shall have the right, by written notice delivered to Seller within five (5) days after (i)
Buyer's receipt of Seller's Response, or (ii) the date Seller is deemed to have elected not to
remove the Disapproved Property Matters, as applicable, to agree to accept the Property subject
to the Disapproved Property Matters, in which event Seller's election, or deemed election, to
terminate shall be of no effect, and Buyer shall take title at the Close of Escrow subject to such
Disapproved Property Matters without any adjustment to or credit against the Purchase Price.
Buyer's inspections and investigations of the Property shall be conducted upon the terms and
conditions set forth in this Agreement.
In the event Buyer's inspections and investigations reveal the presence of "Hazardous
Materials" (as that term is defined in Section 11 herein) that require remediation, Seller shall
have the right but not the obligation to hire its own independent soils consultants to confirm the
presence of such Hazardous Materials and the necessity of such remediation. The retention of,
and confirmation by, such soils consultants shall occur, if at all, within thirty (30) days after the
date on which Buyer has notified Seller of the presence of Hazardous Materials on the Property.
If remediation is necessary the following shall apply: If the estimate of Buyer (or Buyer's
consultants), as may be confirmed by Seller pursuant to its right, but not its obligation, to hire its
own independent soils consultants, of the cost of remediation is not more than Twenty -Five
Thousand Dollars ($25,000) ("Maximum Amount"), Seller, at no expense to Buyer, shall cause
88MI5610-0047
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98
the remediation work to be performed and completed subject to all applicable laws and
regulations. If the estimated cost for the remediation is greater than the Maximum Amount,
Seller shall have the option to cause the remediation work to be performed and completed,
subject to all applicable laws and regulations, or to terminate this Agreement. Any remediation
work performed hereunder shall be completed prior to the Close of Escrow.
3. ESCROW.
3.1 Opening of Escrow. Closing of the sale of the Property shall take place through
an escrow ("Escrow") to be established within three (3) business days after the Effective Date
with Foresite Escrow ("Escrow Holder") at its office located at 41995 Boardwalk #G-2, Palm
Desert, CA 92260. The opening of the Escrow (the "Opening of Escrow") shall be deemed to
be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder.
Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of
Escrow.
3.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute
the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow
Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that
Escrow Holder customarily requires in real property escrows administered by it. In the event of
any conflict or inconsistency between Escrow Holder's standard instructions and the provisions
of this Agreement, the provisions of this Agreement shall supersede and be controlling.
4. CLOSE OF ESCROW.
4.1 Close of Escrow, Closing Date. Provided that all of the conditions of this
Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or
waived by the appropriate party) prior to or on the Closing Date, the Closing of this transaction
for the sale and purchase of the Property shall take place on the date which is five (5) days after
the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to
Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the
appropriate party); provided, however, in no event shall the Closing occur, if at all, later than the
date which is ten (10) days after the expiration of the Due Diligence Period ("Closing Date").
The terms "Close of Escrow" and the "Closing" are used herein to mean the time Seller's grant
deed conveying fee title to the Property to Buyer is recorded in the Official Records of the Office
of the County Recorder of Riverside ("Official Records"). If Escrow is not in a condition to
close by the Closing Date, either party not then in default hereunder may, upon five (5) days
advance written notice to the other party and Escrow Holder, elect to terminate this Agreement
and the Escrow. No such termination shall release either party then in default from liability for
such default. If neither party so elects to terminate this Agreement and the Escrow, Escrow
Holder shall close the Escrow as soon as possible.
4.2 Recordation; Release of Funds and Documents.
4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official
Records, the following documents in the order listed: (i) the grant deed in the form of the
88M15610-ON7
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attached Exhibit `B" transferring title to the Property to Buyer ("Grant Deed"); and (ii) such
other and further documents as may be directed jointly by Buyer and Seller.
4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less
any of Seller's closing costs, to Seller, and (ii) conformed copies of all recorded documents to
both Buyer and Seller.
5. DELPVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.
5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m. of the last business
day immediately preceding the Closing Date, Buyer shall deposit or cause to be deposited with
Escrow Holder the following:
(a) the Purchase Price; and
(b) any and all additional funds, instruments or other documents required
from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in
order for the Escrow Holder to comply with the terms of this Agreement.
5.2 Seller's Obligations._ Seller agrees that on or before 5:00 p.m. of the last business
day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with
Escrow Holder each of the following:
(a) the executed and acknowledged Grant Deed;
(b) a Certificate of Non -Foreign Status (the "Non -Foreign Affidavit")
executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and
(c) all other funds, items, and instruments required from Seller (executed and
acknowledged where appropriate) as may be reasonably necessary in order for Escrow Holder to
comply with the provisions of this Agreement.
6. TITLE INSURANCE POLICY.
6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue an
ALTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as
insured, with liability in the amount of the Purchase Price, subject to the following:
(a) non -delinquent real property taxes and assessments;
(b) title exceptions approved or deemed approved by Buyer pursuant to
Section 2.1.1 above;
(c) title exceptions, if any, resulting from Buyer's entry onto the Property
pursuant to the provisions of Section 2.1.2 above;
(d) any other exceptions approved by Buyer; and
88M15610-0047
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J
1 i10
(e) the standard printed conditions and exceptions contained in the ALTA
standard owner's policy of title insurance regularly issued by the Title Company.
6.2 Payment for Title Policy. Seller shall be responsible for the charges for the Title
Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional
coverage or endorsements it requests. Buyer may, at its election, request an ALTA extended
policy of title insurance. Buyer shall pay the difference for the charges between the premium for
the extended coverage title policy and the premium for the standard coverage title policy that
Seller is responsible for hereunder. Buyer shall also pay for the ALTA survey, if applicable.
7. REAL. PROPERTY TAXES. Upon Buyer's acquisition of fee title to the Property, the
Property will be exempt from the payment of property taxes and assessments due to Seller's
status as a public agency. Seller shall be responsible for paying for all property taxes or
assessments assessed against the Property after the Closing for any period prior to the Closing.
8. SPACE RENT/SECURITY DEPOSITS/PERMIT TO OPERATE. Prior to the Closing,
the Seller and the Buyer shall prorate, to the Closing Date, the monthly rents the mobilehome
tenants currently residing at the Property (the "Tenants") have paid for space rentals at the
Property, such that any amounts received or owed for periods of occupancy prior to the Closing
Date shall be the property of Seller, and any amounts received or owed for periods of occupancy
after the Closing Date shall be the property of Buyer. Further, the Seller shall execute a
document that assigns to the Buyer all deposits the Tenants have paid to the Seller prior to the
Closing. Finally, the Buyer agrees to reimburse the Seller for payment of the fees related to the
Annual Permit to Operate, required by the State of California Department of Housing and
Community Development for calendar year 2004. Payment of this fee shall occur through
escrow and shall not exceed $752.00.
9. CONDITIONS PRECEDENT TO CLOSING.
9.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this
Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or
signed written waiver by Buyer of each and all of the following conditions precedent
(collectively "'Buyer's Conditions to Closing"):
(a) on the Closing Date, the Title Company shall be irrevocably committed to
issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being
vested in Buyer;
(b) Escrow Holder holds all instruments and funds required for the Closing
and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this
Agreement;
(c) except as otherwise permitted by this Agreement, all representations and
warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though
made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled
by the Closing Date;
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1 i1
(d) Seller is not in material default of any term or condition of this
Agreement.
In the event that any of Buyer's Conditions to Closing are not satisfied, deemed satisfied,
or waived in a writing signed by Buyer prior to the expiration of the applicable period for
satisfaction or waiver, Buyer may terminate this Agreement.
9.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this
Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all
of the following conditions precedent ("Seller's Conditions to Closing"):
(a) Escrow Holder holds the Purchase Price and all other instruments and
funds required for the Closing and will deliver to Seller the instruments and funds, including but
not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this
Agreement;
(b) except as otherwise permitted by this Agreement, all representations and
warranties by the Buyer in this Agreement shall be true on and as of the Closing Date as though
made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled
by the Closing Date;
(c) Buyer is not in material default of any term or condition of this
Agreement.
In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied,
or waived in a writing signed by Seller prior to the expiration of the applicable period for
satisfaction or waiver, Seller may terminate this Agreement.
10. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the
Closing Date.
11. ALLOCATION OF COSTS.
11.1 Buyer's Costs. Buyer shall pay the following costs:
(a) fifty percent (50%) of Escrow Holder's escrow fee;
(b) Buyer's own attorney's fees incurred in connection with this Agreement
and the transactions contemplated hereby;
(c) fifty percent (50%) of all the charges for recording the Grant Deed, if any;
(d) the premium difference between the ALTA extended policy of title
insurance and the ALTA standard coverage policy of title insurance if Buyer requests an
extended policy; and
(e) any additional title insurance coverages Seller is not required to pay for
plus any title endorsements requested by Buyer.
88=15610-0047 C
"1578.04 a10/31l03 -8- J
1
11.2 Seller's Costs. Seller shall pay:
(a) fifty percent (50%) of the Escrow Holder's escrow fee;
(b) Seller's own attorney's fees in connection with this Agreement and the
transactions contemplated hereby;
(c)
(d)
and
(e)
this Agreement.
Any documentary transfer taxes associated with the conveyance;.
fifty percent (50%) of all the charges for recording the Grant Deed, if any;
the premium for the Title Policy that Seller is required to pay pursuant to
12. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer harmless from
and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting
from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage or
disposal of any "Hazardous Materials" (as that term is defined below) on, under, in or about, or
the transportation of any such Hazardous Materials to or from, the Property which occurred prior
to the Closing, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule,
regulation, permit, judgment or license relating to the use, generation, release, discharge, storage,
disposal or transportation of Hazardous Materials on, under, in or about to or from, the Property
which occurred prior to the Closing. This indemnity shall include, without limitation, any
damage, liability, fine, penalty, cost or expense arising from or out of any claim, action, suit or
proceeding for personal injury (including sickness, disease or death), tangible or intangible
property damage, compensation for lost wages, business income, profits or other economic loss,
damage to the natural resource or the environment, nuisance, contamination, leak, spill, release
or other adverse effect on the environment (any of the above, a "Claim") to the extent resulting
from; arising out of, or based upon any matter set forth in subclauses (i) and (ii) hereinabove. At
the request of the Seller, the Buyer shall cooperate with and assist the Seller in its defense of any
such claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense; provided that the Buyer shall not be obligated to incur any expense
in connection with such cooperation or assistance. Seller's obligation to indemnify, defend and
hold Buyer harmless under this Section 11 shall not apply to any Claim resulting from, arising
out of or based upon any inspection or investigation of the Property by Buyer Representatives
pursuant to Section 2.1.2 hereof, and Buyer agrees to indemnify, defend and hold Seller harmless
from any such Claim in the same manner and to the same extent that Seller is required to
indemnify, defend and hold Buyer harmless under the provisions of this Section 11.
For purposes of this Agreement, the term "Hazardous Materials" means any substance,
material, or waste which is, or becomes, regulated by any local governmental authority, the State
of California, or the United States Government, including, but not limited to, any material or
substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
88MI5610-0047
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1i�3
Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner
Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous
substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
defined as a "hazardous substance" under Section 25281 of the California Health and Safety
Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum,
(vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed
under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of
Title 22 of the California Administrative Code, Division 4, Chapter 20, (x) designated as
"hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1317), (xi)
defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
Recovery Act, 42 U.S.C. §6901 et seq.(42 U.S.C. §6903) or (xii) defined as "hazardous
substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
13. . CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental
entity shall commence any proceedings of or leading to eminent domain or similar type
proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and
confer in good faith to evaluate the effect of such action on the purposes of this Agreement and
following such meeting either Buyer or Seller may terminate this Agreement.
14. MISCELLANEOUS.
14.1 Assignment. This Agreement shall be binding upon and shall inure to the benefit
of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.
Neither party to this Agreement may assign this Agreement or any interest or right hereunder or
under the Escrow without the prior written consent and approval of the other party, which
consent and approval may be withheld in the sole and absolute discretion of either party;
provided, however, that Buyer may assign this Agreement to the City of La Quinta without
Seller's consent. No provision of this Agreement is intended nor shall in any way be construed
to benefit any party not a signatory hereto or to create a third party beneficiary relationship;
provided, however, that notwithstanding the foregoing, the City shall be an express third party
beneficiary with respect to the indemnities and other matters set forth in this Agreement which
specifically and expressly run to the City's benefit.
14.2 Attorney's Fees. In the event of any action between Buyer and Seller seeking
enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in
connection with the Property, the prevailing party in such action shall be awarded, in addition to
damages, injunctive or other relief, its reasonable costs and expenses, including without
limitation its expert witness fees and reasonable attorney's fees.
14.3 Notices. All notices under this Agreement shall be effective upon personal
delivery, via facsimile so long as the sender receives confirmation of successful transmission
from the sending machine, or three (3) business days after deposit in the United States mail,
registered, certified, postage fully prepaid and addressed to the respective parties as set forth
below or as to such other address as the parties may from time to time designate in writing:
882/015610-0047
441578.04 a10/31/03
-10-
To Seller: Sheila Weldon
2636 Ontario Drive
Las Vegas, NV 89128
To Buyer: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Executive Director
Facsimile No.: (760)
Copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92628-1950
Attn: M. Katherine Jenson, Esq.
Facsimile No.: (714) 546-9035
14.4 Fair Meaning. This Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto.
14.5 Headings. The headings at the beginning of each numbered Section of this
Agreement are solely for the convenience of the parties hereto and are not a part of this
Agreement.
14.6 Choice of Laws; Litigation Matters. This Agreement shall be governed by the
internal laws of the State of California and any question arising hereunder shall be construed or
determined according to such law. The Municipal and Superior Courts of the State of California
in and for the County of Riverside, or such other appropriate court in such county, shall have
exclusive jurisdiction of any litigation between the parties concerning this Agreement. Service
of process on Buyer shall be made in accordance with California law. Service of process on
Seller shall be made in any manner permitted by California law and shall be effective whether
served inside or outside California.
14.7 Nonliabilit of f Buyer Officials. No officer, official, member, employee, agent, or
representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
14.8 Gender; Number. As used in this Agreement, masculine, feminine, and neuter
gender and the singular or plural number shall be deemed to include the others wherever and
whenever the context so dictates.
14.9 Survival. This Agreement and all covenants to be performed after the Closing,
and, except as otherwise set forth herein, all representations and warranties contained herein,
shall survive the Closing Date and shall remain a binding contract between the parties hereto.
882/015610-0047
441578.04a10/31/03 -11-
14.10 Time of Essence. Time is of the essence of this Agreement and of each and every
term and provision hereof, it being understood that the parties hereto have specifically negotiated
the dates for the completion of each obligation herein.
14.11 Waiver or Modification. A waiver of a provision hereof, or modification of any
provision herein contained, shall be effective only if said waiver or modification is in writing,
and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto
shall be considered to be a waiver of any breach or default unless expressly provided herein or in
the waiver.
14.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither
Buyer nor Seller has employed any broker and/or finder to represent its interest in this
transaction. Each party agrees to indemnify and hold the other free and harmless from and
against any and all liability, loss, cost, or expense (including court costs and reasonable
attorney's fees) in any manner connected with a claim asserted by any individual or entity for
any commission or finder's fee in connection with the conveyance of the Property arising out of
agreements by the indemnifying party to pay any commission or finder's fee.
14.13 Duplicate Originals. This Agreement may be executed in any number of
duplicate originals, all of which shall be of equal legal force and effect.
14.14 Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person, entity, or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant, or
condition to persons, entities, or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term, covenant or condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
14.15 Exhibits. The following exhibits are attached hereto and incorporated herein by
this reference:
Exhibit "A" Legal Description of Property
Exhibit "B" Grant Deed
Exhibit "C" Non -Foreign Affidavit
14.16 Covenants of Seller. Seller agrees that during the period between the Effective
Date of this Agreement and the Closing Date:
(a) Seller shall maintain the Property in not less than the state of repair as that
existing on the Effective Date (excepting ordinary wear and tear);
(b) Seller shall not convey, grant, lease, assign, mortgage, hypothecate,
encumber, or otherwise transfer (on or off record) the Property or any interest therein;
(c) Seller shall not alter the physical condition of the Property or introduce or
release, or permit the introduction or release, of any Hazardous Material in, from, under, or on
the Property;
88M15610-OW7
441578.04 a10/31 03 -12-
(d) Prior to Closing, Seller shall maintain Seller's existing insurance on the
Property.
14.17 Corporate Authority. The person(s) executing this Agreement on behalf of each
of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii)
they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement such party is formally bound to the provisions of this Agreement, and
(iv) the entering into this Agreement does not violate any provision of any other agreement to
which such party is bound.
14.18 Covenant Against Discrimination. Seller covenants that in its performance of this
Agreement it shall not discriminate against any person or group of persons on account of any
impermissible classification including but not limited to race, color, creed, gender, religion,
marital status, national origin, or ancestry.
14.19 Entire Agreement; Amendlnent. Except as set forth above, this Agreement and
the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to
the matters contained herein, and no prior agreement or understanding pertaining to any such
matter shall be effective for any purpose. No provisions of this Agreement may be amended or
modified in any manner whatsoever except by an agreement in writing signed by duly authorized
officers or representatives of each of the parties hereto.
88MI5610-0047
"1578.04 a10/31//03 -13- 2
IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this
Agreement, understands it, and hereby executes this Agreement to be effective as of the day and
year first written above.
"Seller"
SHEILA WELDON, TRUSTEE AND HER
SUCCESSORS IN TRUST UNDER THE
WELDON TRUST DATED NOVEM 3ER 20,
1987, AND ANY AMENDMENTS
THERETO
Date: , 2003 By:
ATTEST:
June Greek, Agency Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
LO-A
M. Katherine Jenson, Agency Counsel
Sheila Weldon
"Buyer"
LA QUINTA REDEVELOPMENT AGENCY,
a public body, corporate and politic
Date: , 2003 By:
Agency Chair
Foresite Escrow agrees to act as Escrow Holder in accordance with the terms of this Agreement.
FORESITE ESCROW
By: _
Name:
Its:
88MI5610-0047
441578.04a10/31/03 -14- 21.
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The land situated in the City of La Quinta, in the County of Riverside, State of California,
described as follows:
That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South,
Range 7 East, San Bernardino Base and Meridian, described as follows:
Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South
89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the
true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast
quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the
Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said
Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of
beginning;
Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds
recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of
Official Records, Riverside County Records.
Also excepting therefrom that portion of described in the deeds to the City of La Quinta,
recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting
therefrom the mobile home located thereon.
88MI5610-0047
"1578.04 a10/31/03 22
1�3
EXHIBIT "B"
FORM OF GRANT DEED
[SEE FOLLOWING PAGES]
882/013610-0047
441578.04 a10/31/03
1��J
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Executive Director
SPACE ABOVE THIS LINE FOR RECORDER'S USE
(Exempt from Recordation Fee per Gov. Code § 6103)
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SHEILA WELDON, TRUSTEE AND HER SUCCESSORS IN TRUST UNDER THE
WELDON TRUST DATED NOVEMBER 20, 1987, AND ANY AMENDMENTS THERETO
(the "Grantor"), hereby grants to the LA QUINTA REDEVELOPMENT AGENCY, a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("Grantee"), that certain real
property ("Property") located in the City of La Quinta, County of Riverside, State of California,
described in the legal description attached hereto as Attachment No. 1 and incorporated herein
by this reference, subject to all matters of record, and further subject to the following:
A. * Conveyance in Accordance With Redevelopment Plan. The Property is conveyed
in accordance with and subject to the Redevelopment Plan for Project Area Number 2
"Redevelopment Plan"), a copy of which is on file with the City Clerk of the City of La Quinta,
California. All uses on the Property shall conform to the uses permitted by the Redevelopment
Plan. The foregoing shall remain in effect until the expiration of the Redevelopment Plan.
[end — signature page follows]
24
88ZV15610-0047
441578.04 a10/31/03 1
"Grantor"
SHEILA WELDON, TRUSTEE AND HER
SUCCESSORS IN TRUST UNDER THE
WELDON TRUST DATED NOVEM 3ER 201
1987, AND ANY AMENDMENTS
THERETO
Dated: , 2003 By:
ATTEST:
June Greek, Agency Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
m
M. Katherine Jenson, Agency Counsel
Dated: , 2003
882ro15610-0047
441578.04 a10/31/03
-2-
"Grantee"
Sheila Weldon
LA QUINTA REDEVELOPMENT AGENCY,
a public body, corporate and politic
Lm
Agency Chair
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE
On , before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
On , before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
88ZQ15610-0047
441578.04 a10/31/03 -326
-
113
ATTACHM ENT NO. 1
LEGAL DESCRIPTION OF PROPERTY
The land situated in the City of La Quinta, in the County of Riverside, State of California,
described as follows:
That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South,
Range 7 East, San Bernardino Base and Meridian, described as follows:
Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South
89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the
true point of beginning; thence South 89" 33' 05" West, on said Southerly line of the Northeast
quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the
Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said
Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of
beginning;
Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds
recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of
Official Records, Riverside County Records.
Also excepting therefrom that portion of described in the deeds to the City of La Quinta,
recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting
therefrom the mobile home located thereon.
8 ,578.0 00/3 Attachment 1 to Grant Deed 27
441578.04 a10/31/03
114
. *4.II: U
AFFIDAVIT OF NON -FOREIGN ENTITY
TO: LA QUINTA REDEVELOPMENT AGENCY ("Buyer")
The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a
transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.
To inform the transferee that withholding of tax is not required upon transfer of that certain U.S.
real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and
Escrow Instructions dated 2003, and incorporated herein by reference
("Property"), that the undersigned ("Seller") hereby certifies the following:
1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as
those terms are defined in the Internal Revenue Code and Income Tax Regulations); and
2. The U.S. taxpayer identification number for Seller is ; and
3. The address for mailing purposes of Seller is:
and
4. Seller understands that this certification may be disclosed to the Internal Revenue Service
by Buyer and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury, I declare that I have examined this Certification and to the best of my
knowledge and belief, it is true, correct, and complete, and I further declare that I have authority
to sign this document on behalf of Seller.
SHEILA WELDON, TRUSTEE AND HER
SUCCESSORS IN TRUST UNDER THE
WELDON TRUST DATED NOVEMBER 20,
1987, AND ANY AMENDMENTS
THERETO
Dated: 12003 By:
882J01561040047
441578.04 a10/31/03
Sheila Weldon
115
COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE:
Consideration of a Modification to the Operating and
Use Agreement with the La Quinta Historical Society to
Operate the La Quinta Museum
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
As deemed appropriate by the Redevelopment Agency Board.
FISCAL IMPLICATIONS:
Per the City Council's direction at the October 7, 2003 meeting, the City would be
financially responsible for the utilities, telephone, office supplies and insurance costs
associated with the operation of the La Quinta Museum. The estimated cost of these
items is $8,100 of which $3,000 is for office supplies. Pursuant to Redevelopment
law, the Agency cannot fund these costs. Should the Agency recommend this item
for City Council consideration, staff will prepare a report for the November 18, 2003
City Council meeting. The General Fund Reserve can be used to cover these costs.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On March 7, 2000, the Agency entered into an Operating and Use Agreement with the
La Quinta Historical Society to operate a historical museum in the Agency -owned
facility. The Operating and Use Agreement ("Agreement") is provided as Attachment
1.
11�
At the October 7, 2003 City Council meeting, the City Council considered a funding
request from the La Quinta Historical Society to operate the museum. A copy of this
request is provided as Attachment 2.
In the Agreement, several areas pertinent to the Historical Society's request are
addressed, such as hours of operation, insurance and utility costs.
The Agreement with the Historical Society states that the organization will operate the
La Quinta Museum for a minimum of twenty-seven (27) hours per week from October
through May, Wednesday through Saturday, 10:00 a.m. to 4:00 p.m., and Sunday
1:00-4:00 p.m., with a minimum of 12 hours, for public visits during June and
September, Friday through Sunday 10:00 a.m. to 2:00 p.m. (Section 3 (a) of the
Agreement). This would be approximately 936 hours per year.
The proposed museum schedule by the Historical Society is Thursday -Saturday 10:00
a.m. to 2:00 p.m. (which is twelve (12) hours per week) for the months of October
through May, as provided in Attachment 2. This proposal would have the museum
open approximately 384 hours per year.
Should the, Agency Board agree to the change in the hours, an addendum to the
Agreement can be provided to reflect this change.
Section 3 (e) of the Agreement states that the Historical Society will provide general
liability and exhibit insurance to the satisfaction of the Agency. On October 2, 2001
the Agency modified the Agreement with the Historical Society to waive the
requirement of exhibit insurance. Therefore, the Historical Society is responsible for
providing only general liability insurance. The Agency is responsible for providing fire
and property liability insurance for the premises (Section 4 (c)).
Section 3 (g) of the Agreement states that the Historical Society will be responsible for
paying all utility costs associated with the operation of the museum and grounds
which include water, telephone, electricity, sewer, cable television and natural gas.
At the October 7, 2003 City Council meeting, the City Council considered the
Historical Society's request for funding and directed staff to review the Agreement for
modifications to include funding of insurance, utilities and office expenses as provided
in Attachment 3.
The Agreement for the Museum operation is between the Agency and Historical
Society. Should the Agency wish to have the operations of the Museum funded, the
Agency may request the City fund the insurance, utilities and office expenses.
2
117
According to past records provided by the Historical Society, the utility costs
associated with operating the museum for the hours specified in the Agreement were
$2,137.60 for fiscal year 2002-03 as provided in Attachment 4.
In order to limit the Agency's exposure to claims, the Agency may wish to include a
clause in the addendum to the Agreement in which the Agency would reimburse the
Historical Society up to $2,100 each year to offset the cost of insurance coverage.
The amount of $2,100 was based upon the amount the Historical Society is currently
charged for insurance, per the information in Attachment 2.
Provided as Attachment 5 is a draft addendum to the Agreement in which the City
could provide funds up to $2,100 annually to be used for insurance costs, and in
which the City would receive the utility bills for the museum. A dollar limit could be
established with a provision that all utility costs will be paid based on historical usage
amounts. Excessive utility charges over the stated amount determined by the City
could be charged to the Historical Society.
Section 16 of the Operating and Use Agreement allows for addendums to the
Agreement through mutual consent of the parties by an instrument in writing signed by
both parties. A proposed addendum to the Agreement is provided as Attachment 5.
In addition to the addendum to the Agreement outlined above, the Historical Society
could apply for a Community Services Grant each year as funds are available to fund
the operations of the museum. Attachment 6 is a Community Services Grant
application completed by the Historical Society for Fiscal Year 2003-04 for the funds
approved by the City Council on October 7, 2003.
If the Agency agrees to reimburse the Historical Society up to $2,100 for insurance
and $3,000 for office expenses and pays the utilities up to $3,000 per year, based
upon the funding request by the Historical Society, the Historical Society's original
request for $16,470 would be reduced to $8,100.
At the November 18, 2003 City Council meeting, the City Council could direct staff to
draft a Professional Services Agreement between the Historical Society and the City to
be considered during the Fiscal Year 2004-05 budget for the amount of $8,100.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
1. Authorize the addendum to the Operating and Use Agreement between the La
Quinta Redevelopment Agency and the La Quinta Historical Society for modification
118
of the hours of operation, reimbursement of insurance costs up to $2,100 and
office supplies of $3,000, with the City assuming payment of the utilities, and
recommend staff prepare a Professional Services Agreement for consideration by
the City Council during the budget process; or
2. Do not authorize the addendum to the Operating and Use Agreement between the
La Quinta Redevelopment Agency and the La Quinta Historical Society for
modification of the hours of operation and/or reimbursement of insurance costs up
to $2,100 and/or office supplies of $3,000, and/or the City will not assume
payment of the utilities, and/or do not recommend staff prepare a Professional
Services Agreement for consideration by the City Council during the budget
process; or
3. Provide staff with alternative direction.
Respectfully pubmitted,
Dodie Horvitz, C61nmunity Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Operating and Use Agreement with the Historical Society
2. Funding Request from the Historical Society
3. Minutes of the October 7, 2003 City Council Meeting
4. Utilities for Museum -- Worksheet
5. Draft Addendum to Agreement
6. Community Services Grant Application from the
Historical Society
il�
I
ATTACHMENT 1
OPERATING AND USE AGREEMENT
THIS OPERATING AND USE AGREEMENT is made and entered into this
71h day of March 2000, by and between the La Quinta Redevelopment Agency,
a public entity, hereinafter referred to as the "Agency," and the La Quinta Historical
Society, a nonprofit corporation herein referred to as the "Society."
WHEREAS the Agency is in the process of acquiring certain Premises and
improvements located at 77-885 Avenida Montezuma in the City of La Quinta
("City"), particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Premises") in Project Area No.1 for the purposes of
rehabilitating and ultimately expanding the Premises as a public museum pursuant
to the authorization in the Redevelopment Plan for expenditures on cultural
facilities; and
WHEREAS the Agency desires that these properties be maintained as an historical
museum by the Society; and
WHEREAS it is contemplated that the Agency shall continue to own the Premises
during all renovation and expansion construction phases and that the Society shall
operate the facility in cooperation with the Agency pursuant to the terms of this
Agreement; and
WHEREAS the Society has operated the site previously and sponsored related
programs since February 13, 1994;
1 120 5
NOW THEREFORE the parties hereto agree as follows:
1. TERM
This Agreement shall be for a term of one (1) year, commencing on
the day that escrow closes on the Museum building and expiring
one year from that date.
2. RENEWAL
This Agreement shall be automatically renewed each year unless
either party gives a minimum of thirty (30) days written notice of
intent to terminate.
3. RESPONSIBILITIES OF THE LA QUINTA HISTORICAL SOCIETY
During the term of this Agreement, the Society shall provide the
resources necessary to:
a. Operate
the Historical
Society
Museum free of
charge to
the
public a
minimum of
twenty-
seven (27) hours
per week
for
public visits from October through May of each year (hours of
operation: Wednesday - Saturday, 10:00 a.m. - 4:00 p.m.,
Sunday, 1 :00 - 4:00 p.m.) and a minimum of 12 hours for public
visits during June and September (hours of operation: Friday -
Sunday, 10:00 a.m. - 2:00 p.m.
b. Provide all necessary indoor staffing and janitorial services;
2 12
c. Secure and display significant historic collections of
photographs, furniture, books and other materials which
accurately portray the historic development of the City of La
Quinta and the Coachella Valley;
d. Promote the public use of these facilities through local and
appropriate regional media;
e. Provide general liability insurance and exhibit insurance to the
satisfaction of the Agency;
f. Provide educational programs such as speakers and field trips for
students and adults;
g. Pay for all utility costs associated with operation of museum and
grounds (e.g. water, phone, electric, sewer, cable, tv, gas).
4. RESPONSIBILITIES OF THE AGENCY
During the term of this Agreement, the Agency, through its
appropriate agencies, shall provide the resources necessary to:
a. Repair interior and exterior damage and/or breakage to said
premises and structural contents thereof (not to include damage
to exhibit materials);
b. Provide maintenance of Premises including landscaping and
parking lot areas;
3
14.4
c. Secure fire and property liability insurance or self-insurance.
The property insurance shall not include coverage for the exhibit
materials.
5. USE OF PREMISES
The Premises shall be used for no other purpose than display of
historic collections, administration of education programs and Society
sponsorship of meetings for fund raising or to conduct official Society
meetings, and to support operation of the museum and its goals
without the written consent of Agency, and Society shall not allow
the facility to be used by any other individual, group or organization
for any purpose without express written consent of Agency. The use
and operation of the Premises by the Society shall be in accordance
with all ordinances, resolutions, rules, regulations and laws of the City
of La Ouinta and any Federal, State or local governmental agency of
competent jurisdiction.
6. ALTERATIONS
Society agrees not to make or allow to be made any change, alteration
or addition to or in any of the Premises or improvements without first
obtaining written consent of Agency. All such alterations shall be made
by Society at its own expense and Agency shall be held harmless from
any costs or liens as a result of such alterations or improvements.
4 - 8
14013
7. CONTRACT ADMINISTRATION
The individual from the Society designated to be the principal and
representative for performance pursuant to this Agreement is: Its
President or his/her designee. The officer of the Agency in charge of
administering this Agreement is: City Manager or his designee.
8. TERMINATION
After the initial one (1) year term, this Agreement may be terminated
at any time by either party, with or without cause upon thirty (30) days
written notice.
9. ACCESS
Agents of the Agency or City may enter the Premises at any and all
times for the conduct of municipal business or to inspect the Premises for
compliance with the municipal code and other applicable laws, or
in response to an emergency situation that imperils life, limb or property.
10. INDEPENDENT CONTRACTOR
Neither the Agency nor any of its employees shall have any control over
the manner, mode or means by which Society, its agents, or employees,
perform the services required herein, except as otherwise set forth.
Society shall perform all services required herein as an independent
contractor with only such obligations as are consistent with that role.
Society shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of the Agency.
11. INDEMNIFICATION
The Society shall defend, indemnify and hold harmless the Agency and
the City, its officers, employees, representatives and agents, from and
against any and all attorneys' fees for injury to or death of person(s),
for damage to property (including property owned by the Agency) and
for errors and omissions committed by Society, its officers,
employees, and agents, arising directly out of or related to Society's
performance under this Agreement, except to the extent of such loss
as may be caused by Agency's or the City's own negligence or that of
its officers or employees.
12. CALIFORNIA LAW
This Agreement shall be construed and interpreted both as to validity and
to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Society covenants and agrees to
submit to the personal jurisdiction of such court in the event of such
action.
13. CONFLICT OF INTEREST
No officer or employee of the Agency shall have any personal interest,
direct or indirect, in the Agreement nor shall such officer or employee
participate in any decision relating to the Agreement which effects his
personal interest or the interest of any corporation, partnership or
association in which he is, directly or indirectly, interested, in violation of
any State statute or regulation. The Society warrants that it has not paid
6 Jo 1 4;
or given and will not payor give any third party any money or other
consideration for obtaining this Agreement.
14. COVENANT AGAINST DISCRIMINATION
Society covenants that, by and for itself, its heirs, executors, assigns,
and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons
on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Society shall
take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race,
color, creed, religion, sex, marital status, national origin or ancestry.
15. INTEGRATED AGREEMENT
This Agreement contains all of the agreements of the parties and all
previous understandings, negotiations and agreements are integrated into
and superseded by this Agreement.
16. AMENDMENT
This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing signed by both parties.
17. SEVERABILITY
In the event that anyone or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not effect
any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and
shall be interpreted to carry out the intent of the parties hereunder.
18. AUTHORITY
The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the
parties hereto are formally bound to the provisions of this Agreement.
19. SUCCESSORS AND ASSIGNS
All provisions of this Agreement are binding upon any successors,
assigns and representatives of the parties hereto and inure to the benefit
of any successors and assigns of the parties hereto.
8 127 f)
1 4.
IN WITNESS WHEREOF the parties have executed this Agreement on the day and
year first written above.
ATTEST:
r
APPROVED AS TO FORM:
LA QUINTA REDEVELOPMENT AGENCY
Executive Director
Au'S4-'Prff 10
,ZQL .4t'j pt
Dawn C. Honeywell, Agency Counsel/City Attorney
REVIEWED AND APPROVED: By:oe
President, La QuinraZstorical Society
1\LAQUINTA\WOL1 \SHARED\citymgr\BRITT\OPERATING AND USE AGREEMENT.doc
9 1 M
*-------------------------- : MetroScan / Riverside
Owner :La Quinta Historical Society
Site :77885 Avenida Montezuma La Quinta 92253
Mail :PO Box 1283 La Quinta Ca 92253
Use :C05 Off,General Office Buildings
Plat :Santa Carmelita At Vale La Quinta No 14
Bedrm: BthF3H: / / Bldg SF:
*--------------------------: MetroScan / Riverside
Owner :La Quinta Historical Society
Site :*No Site Address*
Mail :PO Box 1283 La Quinta Ca 92253
Use :C24 Vacant,Commercial Land
Plat :Santa Carmelita At Vale La Quinta No 14
Bedrm: BthF3H: / / Bldg SF:
*-------------------------- MetroSean / Riverside
Owner :La Quinta Historical Society
Site :*No Site Address*
Mail :PO Box 1283 La Quinta Ca 92253
Use :C24 Vacant,Commercial Land
Plat :Santa Carmelita At Vale La Quinta No .14
Bedrm: BthF3H: / / Bldg SF:
EXHIBIT A
:----------------------------*
Parcel :773 101 001
Xfered :04/08/1998
Price :$150,000 Full
OwnerPh
MapGrid :849 F7
YB: Pool:No Ac:
• ----------------------------
Parcel :773 101 002
Xfered :04/08/1998
Price :$150,000 Full
OwnerPh
MapGrid
YB: Pool:No Ac:
-----------------------------
Parcel :773 101 003
Xfered :04/08/1998
Price :$150,000 Full
OwnerPh
MapGrid
YB: Pool:No Ac:
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OF
Addendum to the Operating and Use Agreement
This is an addendum to the Operating and Use Agreement is made and entered into this 2nd day of
October, 2001 by and between the La Quinta Redevelopment Agency, a public entity, hereinafter
referred to as the "Agency", and the La Quinta Historical Society, a nonprofit corporation herein
referred to as the "Society".
The Agency and the Society entered into an Operating and Use Agreement dated March 7, 2000 in
which the Society agreed to certain conditions. Section 3(e) of the Operating and Use Agreement
states that the Society will "provide general liability insurance and exhibit insurance to the
satisfaction of the Agency."
The Society has requested that the condition requiring exhibit insurance be deleted from the
Operating and Use Agreement, as provided in Exhibit A.
As specified in Section 16 of the Operating and Use Agreement "This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing signed by both parties."
The Agency agreed to delete the condition of exhibit insurance from Section 3(e) of the Operating
and Use Agreement at their regularly scheduled meeting of October 2, 2001.
In witness whereof the parties have agreed to this addendum to the Agreement dated March 7, 2000,
and have executed this Addendum on the day and year first written above.
ATTEST: LA QUINTA REDEVELOPMENT AGENCY
BY:
. GREEK THOMAS P. GENOVESE
Agency Secretary
APPROVED AS TO FORM:
j-- n
M.ji
HERINE JENSON,
Agenounsel/City Atto ey
REVIEWED AND APPROVED:
Executive Director
BY:
Pr si ent, La Quinta H' rica Society
1316
Exhibit A
Joseph A. Irwin
44-065 Camino La Cresta
La Quinta, CA 92253-3950
760-360-9851
j.a.irwin@worldnet.att.net
September 8, 2001
Dodie Horvitz
Director, Community Service Department
City of La Quinta
78-495 CalleTampico
La Quinta, CA 92253
Dear Dodie:
The La Quinta Historical Society's Executive Committee has asked that I raise the
question of insurance as provided in Section 3e. of the Operating and Use Agreement
between the La Quinta Redevelopment Agency and the Society. Specifically it requires
the Society to provide general liability insurance and exhibit insurance to the satisfaction
of the Agency.
I spent many hours discussing this agreement and related real estate transfer with
Mark Weiss and Dawn Honeywell during 1999, which culminated in the agreement's
approval by Council and execution in February, 2000. The parties intended to transfer all
rights to the real estate but that title to Museum artifacts would remain with the Society.
The City asked that we obtain exhibit insurance for the value of our artifacts which we promised to do without fully realizing all of the costs and volunteer -hours that we were
required to fulfill our promise. .
It took a little time to identify a suitable insurance carrier for this unusual type of
cover and then learned that an appraisal of the artifacts was required before a polio could be issued. It took additional time for us to locate an appraisal firm that was
competent and experienced in appraising museum artifacts such as ours. The Society
recently obtained a 41 page formal appraisal, a copy of which is enclosed, at a cost of
$4,000 and about 150 volunteer hours expended to assist in preparing the inventory.
The appraiser determined that the artifacts examined had a replacement cost of
$80,428. I have since obtained a quote from Monarch E&S Insurance Services for that
value at an annual premium of $1,798.75. That policy has not been bound.
132
I recently asked Barbara how she would replace the collection if the artifacts were
lost in a fire or other catastrophe. She said she and other Board members knew of no
other similar collection of substance that she could turn to. The articles are unique to La
Quinta and could not be purchased from art dealers or other vendors. Since she would be
unable to replace the artifacts at any cost, the insurance money would be deposited in the
bank and used for other, as yet undetermined, purposes.
Our inability to identify any potential method of replacing these artifacts has led
us to question the very concept of insurance in this case. If, for example, we lost a
collection of valuable paintings by Monet we could use the insurance proceeds to
purchase other works of art by Monet or comparable artists. Obviously these artifacts of
La Quinta and its environs cannot be found at the Home Depot or from any other source
that we know of. Thus our insurance policy becomes purely a financial instrument. We
don't know what the Board would decide to do with the proceeds in case of a loss but we
do know they could not use those funds to purchase replacement artifacts.
With these thoughts in mind we have begun to question the wisdom of obtaining
exhibit insurance as a practical matter and would appreciate your thoughts as to possible
alternatives. I suspect that staff might begin to develop similar questions if the artifacts
were owned by the City. The artifacts just cannot be replaced.
The Society is prepared to waive any liability from the City with respect to the
loss of museum exhibits, except for loss due to negligence or otherwise caused by the
City. Is it not time reexamine the operating agreement? We would certainly appreciate
any comments and suggestions that you might offer.
During earlier contract negotiations, Mark and Dawn asked that our General
Liability insurance policy be increased from one to two million dollars which we bound
on January 10, 2000. Mark indicated that you would like some documentation to that
effect and I have obtained the enclosed Certificate of Liability Insurance from our broker.
If you have any further questions, please call.
--
Enc. Hemmerdinger Fine Art Appraise
Certificate of Liability Insurance
18
133
ATTACHMENT 3
City Council Minutes 1 1 October 7, 2003
PF
S. CONSIDERATION OF A FUNDING REQUEST FROM THE LA QUINTA
HISTORICAL SOCIETY.
Community Services Director Horvitz presented the staff report.
Council Member Osborne asked what the student tours entail.
Barbara Irwin, 55-087 Tanglewood, of La Quinta Historical Society, stated
the cost is for the buses, lunches, and a speaker. She indicated the school
district does not underwrite any portion of the cost.
Council Member Sniff asked about their current financial status.
Inge Vorderwinkler, 77,885 Avenida Montezuma, President of the La Quinta
Historical Society, stated they have no fund raisers scheduled, and .are
looking for someone to run the museum on a part-time basis. They have
some money but not much.
Council Member Sniff stated he understood they were taking a hiatus for a
year, and doesn't understand why they are now asking for funds.
Ms. Irwin stated they decided if the museum was not going to go forward,
they would take a , hiatus to regroup and determine what the future of the
Historical Society would be in the City. She stated they need the City's
participation if the Historical Society is going to continue. She added they
also do not do fund raisers without a specific purpose.
Council Member Sniff stated he is reluctant to go into the General Fund, and
asked if there was any way they could tailor their request to be more in tune
with the amount of money available in the budget.
Ms. Irwin stated the listed expenses are actual costs. She added she
doesn't know how the museum and the Historical Society can serve the City
without costing money.
Council Member Henderson stated she doesn't have a problem with their
funding request. She noted the City owns the building, and questioned why
the City doesn't pay for the utilities, phone and insurance.
Ms. Irwin noted the insurance cost includes D&O Insurance for the
instructors and officers, which the City may not want to pay.
l
r 22
City Council Minutes
12
October 7, 2003
Council Member Perkins stated he doesn't have a problem with the City
paying the normal costs for City -owned facilities, and suggested the office
expenses be included as City costs.
Mayor Adolph stated he has participated in past fund raisers for the museum
and believes in supporting entities within the City. He hopes the City will be
able to move forward soon with the museum expansion, and stated he has a
lot of things to donate to the museum. He asked about a reference in their
letter regarding a meeting with the City.
Ms. Vorderwinkler indicated their meeting with the City Manager and Council
Member Henderson was prior, to the budget hearings.
Mayor Adolph stated he agrees with giving them financial support because
he would not want to see the museum close.
Ms. Horvitz noted if the Special Projects Contingency Account is depleted,
there will be no funds available for the grant request considerations in
February. She further noted the City's agreement with the Historical Society
will need to come back for modification if the City is going to absorb the
utility costs.
Council Member Osborne stated he supports their efforts but also hates to
deplete the Special Projects Contingency Fund.
In response to Council Member Osborne, Ms. Horvitz stated $20,000 was
allocated for the fund this year, and the current balance is $8,000.
Mayor Adolph noted the Council knew when they allocated a minimal
amount for. this fund that they may have to add to it from the General Fund
later on.
MOTION — It was moved by Council Members Sniff/Henderson to authorize
the expenditure of $5,000 from the Special Projects Contingency Account
and $1 1,500 from the General Fund Reserves for operation of the La Quinta
Museum by the La Quinta Historical Society, and to direct staff to look at
methods for the City to pick up some of the costs in the future such as
insurance, utilities, phone, and office expense. Motion carried unanimously.
MINUTE ORDER NO. 2003-95.
Ci 23
ATTACHMENT
To: City of La Quinta
Attn: Dodie Horvitz
Re: Utilities for Museum
Telephone
Electric
Water
Total
$995.14
$825.89
$31 6.57
$2,137.60
in-2
ATTACHMENT 5
c&jIt 4,�fw DRAFT
Second Addendum to the Operating and Use Agreement
With the La Quinta Historical Society
This is an addendum to the Operating and Use Agreement made and entered
into this day of 2003 by and between the La Quinta
Redevelopment Agency, a public entity, hereinafter referred to as the
"Agency" and the La Quinta Historical Society, a non-profit corporation herein
referred to a the "Society'
The Agency and Society entered into an Operating and Use Agreement dated
March 7, 2000 in which the Society agreed to certain conditions. As
specified in Section 16 of the Operating and Use Agreement "This Agreement
may be amended at any time by the mutual consent of the parties by an
instrument in writing signed by both parties."
The Society had requested that the condition requiring exhibit insurance be
deleted from the Operating and Use Agreement. On October 2, 2001, the
Agency agreed to delete Section 3(e) of the Operating and Use Agreement
stating the Society will provide exhibit insurance.
On October 7, 2003, the Society submitted a proposal in which the hours of
operation of the Museum would be altered from the hours stated in the
Agreement. The Agreement with the Historical Society states that the
organization will operate the La Quinta Museum for a minimum of twenty-
seven (27) hours per week from October through May with the hours on
Wednesday through Saturday, 10:00 a.m. to 4:00 p.m. and Sunday 1:00-
4:00 p.m. with a minimum of 12 hours for public visits during June and
September with the hours of Friday -Sunday 10:00 a.m. to 2:00 p.m. (Section
3 (a) of the Agreement.) The total number of hours of operation of the
Museum by the Historical Society under this agreement is approximately 936
hours per year.
The proposed museum schedule by the Historical Society is Thursday -
Saturday 10:00 a.m. to 2:00 p.m. which is twelve (12) hours per week for the
months of October through May. The total number of hours of operation of
the Museum by the Historical Society under this proposed agreement is
approximately 384 per year.
C)RAFT l4o
ur;zs
DRAFT
The Society has requested the Agency fund the premiums for the general
liability insurance (Section 3 (e)) as well the utilities (Section 3 (g)) and office
expenses of the Museum.
The Agency agreed the reduction of hours of operation of the Museum by the
Society and to fund the insurance premiums up to $2,100 for the Society to
provide general liability insurance and up to $2,400 for utility costs which will
be paid directly by the Agency. Utility usage exceeding the $2,400 limit will
be billed to the Historical Society barring any site damage that may have
impacted the utility costs. In addition, the Agency will contribute up to
$3,000 for office expenses to allow the Society to promote the public use of
the Museum facility through local and appropriate regional media and provide
educational programs for students and adults.
In witness whereof the parties have agreed to this addendum to the
Agreement dated March 7, 2000, and have executed this Addendum on the
day and year first written above.
ATTEST: LA QUINTA REDEVELOPMENT AGENCY
By:
JUNE S. GREEK
Agency Secretary
APPROVED AS TO FORM:
M. KATHERINE JENSON
Agency Counsel/City Attorney
THOMAS P. GENOVESE
Executive Director
REVIEWED AND APPROVED: By:
President, La Quinta Historical Society
DRAFT
C26
ATTACHMENT 6
CITY OF LA QUINTA
APPLICATION FOR
COMMUNITY SERVICES GRANT
FISCAL YEAR
Name of Organization: r.a Qui nta Historical Society
Amount Requested: 13, 300.00
Contact Person: In ga ynrdprwi nkler
Mailing Address: P.0- Rnx 1283
City: La Quinta State: CA Zip Code:9 2 2 53
Phone No.: 760-345-4647
501(c)3 Taxpayer I.D. Number: 33-0157441
Date Submitted: 1 0-23-03
Applications will receive consideration without discrimination because of race, color,
religion, sex, age, national origin or disability.
2'
COMMUNITY SERVICES GRANT APPLICATION (Must be typed)
1. What is the overall purpose or goal of your organization?
To preserve and promote the rich and multi -cultural
history of La Quinta.
2. How long has your organization been in existence? 19 Years Months
3. Describe in general the activities or services of your organization:
Educational p_rogram's
Museum operation
Student btls, tnt1r'S
4. How many people does your organization currently serve? approx . 48,000
No. of Youth No. of Adults No. of Seniors
5. How many people do you intend to serve during this Fiscal Year? 48, 000
No. of Youth No. of Adults No. of Seniors
6. How many people served this Fiscal Year will be La Quinta residents? most
No. of Youth No. of Adults No. of Seniors
7. How many paid employees/volunteers does your organization employ?
Full time employees 0 Part time employees 0 Volunteers 15
8. Describe how your organization is managed and governed.
Governed by a Board of Directors
143
028
9. Please provide information on your Executive Board members or contact person:
Name Title Home Address Phone
Inga Vorderwinkler Pres. 77-405 Missouri Dr. P.D. 345-4647
Shelly Morris 'Sec. 51-525 Juarez L.Q. CA. 564-4832
Christine Kiener 78-600 Via Melodio L.O. CA. 771-9550
10. What is your annual schedule of events, and during what months does your
organization operate?
November 6th through Mat 29th 2004 Thursday - Saturday
10:00 - 2:00
11. Do you charge admission, membership fee, dues, etc.? X Yes No
If yes, please describe:
No a am i s s i on
Membership $25.00 per person
12. What are your other sources of revenue for this funding year?
Source Amount
None
Total Needed
Total Received
Balance
d 1 11 inn nn
$ 0
$ 13,300.00
144
9
13. Amount of money requested from the City of La Quinta? $ 13 , 3 0 0.0 0
14. Has your organization been funded by the City of La Quinta previously?
x Yes No
If yes, when 9/ 1 4/ 9 9
Amount received 2 7, 0 0 0.0 0
15. Please provide the name and address of the bank in which the organization's
funds are kept:
PFF BAnk & Trust 78-752 Hwy. 111 La Quinta, CA 92253
16. Please provide the name and title of those individuals authorized to sign on the
organization's account (must provide at least two individuals) :
Name: Title:
Inga Vorderwinkler President
Shelly Morris Sec.
Christine Kiener Tres.
17. Please provide, as an attachment, copies of the last three months bank
statements as well as the last year's December bank statement of the
organization's checking and savings account.
18. Need Statement. Clearly and plainly state the specific, detailed reason or need
for the requested funds and how these funds will be used, if awarded.
See Attached
19. Goal Statement. Indicate who will benefit from the use of these funds, and
how they will benefit.
See attached letter
20. Attach a copy of your Program Operating Budget for the current year.
attached
21. Non-profit organizations must attach a copy of the organization's current IRS
Form 990.
14U
31
September 21, 2003
Honorable Mayor Adolph &
La Quinta City Council Members
City of La Quints
78-495 Calle Tampico
La Quinta, CA 92253
Dear Honorable Council Members:
I am writing to you today in regards to the La Quinta Historical Society and its museum and
public education programs. The La Quinta Historical Society is a volunteer non-profit
organization that serves our community by preserving and -promoting the rich, multicultural
history of La Quinta.
As you may be aware, due to the delay of the new museum and various other considerations
the museum's board had considered closing temporarily because of funding concerns.
However, after meeting with.our Board of Directors, City Council Members, and City Staff,
we believe strongly .that it is in the best interest of our city, our residents, and our
membership to continue operating the museum.
We will be unable to host our annual fund-raiser this year due to thee uncertainty of the
building of the new museum. These funds are relied upon heavily to support our
educational. programs, and operational expenses. We will need to find a way to help offset
these expenses if we are to continue with our educational programs and keep the museum
open to the public for the upcoming season. Therefore, we are requesting the city's financial
assistance in offsetting these costs as outlined in the attached budget proposal
The proposed schedule for museum hours for the coming year would.be: Thursday, Friday
& Saturday,10:00 a.m. to 2:00 p.m. We will continue to focus our attention on educational
programs, which will include the following:
➢. Guest Speakers Open to the Public
➢ Educational Seminars for our Docents, Guests and Students
Bus Tours for Area Students
Community Outreach Programs
147
77-885 Avenida Montezuma, P.O. Box 1283, La Quinta, CA 92253 — 760.564.1283
,� 32
Page 2: LQ City Council Letter
The programs that the La Quinta Historical Society provides to the students of the local
elementary schools, middle schools, and high schools will not be replaced by the school
district should the museum be forced to discontinue them.
We would greatly appreciate your serious consideration of financial assistance to allow the
Historical Society to continue its work to preserve and promote the rich multi -cultural
history of this beautiful city.
Sincerely,
Inge Vorderwinkler
President
LQ HS Cif
CC: Board of Directors
Tom Genovese, City Manager
Dodie Horvitz, Community Services Dir.
Museum Expenses:
Insurance:
$
25100.00
Utilities:
$
19,970.00
Telephone:
$
19,200.00
Office. Expenses:.
$
3,000.00
Docent Expenses:
$
1,200.00
Student Tours:
$
5,00.0.00
Newsletter:
$
25000.00 -
Total Expenses: $16,47,0.00
Fa,m 990-EZ
Department of the Treasury
Internal Revenue Service
Short Form
Return of Organization Exempt From Income Tax
Under section 501(c), 527, or 4947(axl) of the Internal Revenue Code
(except black lung benefit trust or private foundation)
► For organizations with gross receipts less than $100,000 and total assets less
than $250,000 at the end of the year.
► Tho nrnnni7atinn may have to use a copy of this return to satisfy state reporting requirements.
A For the 2002 calendar
B Check if applicable:
Address change
Please
use IRS
Name change
label or
print or
Initial return
type•
Final return
See
Specific
Amended return
Instruc-
tions.
Aoolication pending
1
or tax
2/Ul
C
LA QUINTA HISTORICAL SOCIETY
PO BOX 1283
LA QUINTA, CA 92253-1283
• Section 501(c)(3) organizations and 4947(a)(1) nonexempt charitable trusts
,.,,,Ct AtfAclh a comaleted Schedule A (Form 990 or 990-E�
and endi
G
i:1
1/31
OMB No. 1545-1150
2002
, 2003
Employer identification number
33-0157441
E Telephone number
760-564-1283
F Enter 4-di it GEN)►
Accounting method: X Cash Accrual
Other (specify) ►
Check ► L" J if the organization is not
re wired to attach Schedule B (Form 990,
I Web
J Organization
K Check
but
complete
L Add
instead
p!
site: ► N/A 990-EZ, or 990-PF).
type (check only one) — X 501(c) (3 ) (insert no.) 4947(a)(1) or 527
► Hif the organization's gross receipts are normally not more than $25,000. The organization need not file a return with the IRS;
if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a
return.
lines 5b, 6b, and 7b, to line 9 to determine gross receipts; if $100,000 or more, file Form 990 $ 58,986.
of Form 990-EZ . ....... ..... ...... ... .. ............ ......... .......
Revenue, Expenses, and Changes in Net Assets or Fund Balances See Instructions 1 132.
1 Contributions, gifts, grants, and similar amounts receive ........
2
2 Program service revenue including government fees and contracts ................................. • .
3 4, 475.
...........
3 Membership dues and assessments.................................................... 4 1 201 .
4 Investment income .................................................... ... .......
5a
5a Gross amount from sale of assets other than inventory ....................
b Less: cost or other basis and sales expenses ............................ 5b
5c
R
c Gain or (loss) from sale of assets other than inventory (line 5a less line 5b) (attach schedule) .............................
E
v
6 Special events and activities (attach schedule):
E
N
a Gross revenue (not including $ of contributions
52, 626
u.........
E
6a .
reported on line 1)............................................ 29 b
6b
b Less: direct expenses other than fundraising expenses ....................
fic 22,973.
Net income or (loss) from special events and activities (line 6a less line 6b) . SEE -STATEMENT. 52
c .
7a Gross sales of inventory, less returns and allowances ..................... 7a
�•
b Less: cost of goods sold ............................................... 7b X. •7c 552.
c Gross profit or (loss) from sales of inventory (line 7a less line 7b)..................................
8 Other revenue (describe ► ) ' 13
► g 29 333.
9 Total revenue add lines 1, 2, 3, 4, 5c, 6c, 7c, and 8
10 Grants and similar amounts paid (attach schedule) ................................. • . • • • • • • • • • • • • • • 10
• . 11
11 Benefits paid to or for members.............................................................. • •
12
E
x
12 Salaries, other compensation, and employee benefits ........................
13
E
13 Professional fees and other payments to independent contractors ......................... • . • . • . • .. • ..
14
s
14 Occupancy, rent, utilities, and maintenance ................................. • • • • • • • • • • • • • • • • • • • • • • •
15 3 079.
E......................................................
s
15 Printing, publications, postage, and shipping. 16 14, 601.
)'
16 Other expenses (describe 0-SEE STATEMENT 2 ' '
► 17 �° 17, 680.
17 Total expenses add lines 10 through 16) ........ 11,653.
18
18 Excess or (deficit) for the year (line 9 less line 17) ............................... • • • • • • • • • • • • • •
19 Net assets or fund balances at beginning of year (from line 27, column (A)) (must agree with end: of -year >1'9 62,739.
Ns
E
figure reported on prior year's return) ........................
20
T
E ..
T 20 Other changes in net assets or fund balances (attach explanation) .................. • . • • .. • • • • • • • • •
74,392.
s 21 Net assets or fund balances at end of year combine lines 18 through 20 ............................. 21
$250 000 or more, file Form 990 instead of Form
OEnd
,?!
`: Balance Sheets — If Total assets on line 25, column are
A Be Innin of ear B of ear
(See Instructions)
62,739. 22 74,392.
22
Cash, savings, and investments ......................................... . .. . 23
23
Land and buildings............................................................... 24
24
Other assets (describe ► ) ' . ' . • ' . ' ' . . . ' • . . . ' 62 7 3 9.1251
25
26
Total assets..................................................................... 01.1261 0.
Total liabilities (describe ► )' ' • ' ' ' ' ' ' ' . . ' ' ' ' ' ' 7 4
27
,392.
Net assets or fund balances line 27 of column B must agree with line 21 ............ 62 , 7 3 9. 27 ,
TEEA0803L 01/24/03 Form 990 ,� 2
BAA
For Paperwork Reduction Act Notice, see the separate instructions.
•
?. '.g � � Al' 'fib` ',�`iM r�ffi � 'S- �}R
m. �,
Statement of Accourr_^
0398109538
LA QUINTA HISTORICAL SOCIETY
September 30, 2003'
PO BOX 1283
Days in statement` period: 30
v .
LA QUINTA CA 92253
-,
(2
�5
t Y
Page 1 of
� .XF
x 1
1
well 1%
888 342 5733
PFF BANK & TRUST
78752 US HIGHWAY 111
LA QUINTA CA 92253
Summary of Account Balance
Account
Community Link Checking
Number Ending Balance
0398109538 $9,139.30
w
Statement of Account°173
h N.
0398109538
LA ..Ouinta �i-sto ,
w
t 5 Pagers 3� .
September.:°,
a
s
-
_...
i
k
Community Link Checking 0398109538
Low balance $9,138.54
Avg collected balance $9,167.00
Interest paid year to date $10.84
Date
Description Additions
Subtractions
Balance
08-31
Beginning balance
$9,245.99
09-04
##Preauthorized Wd
-47.45
9,198.54
BANKCARD MTOT DISC CCD
030904 470719020022794
09-12
Check 2302
-40.00
9.158.54
09-15
Check 2285
-20.00
9.138.54
09-30
#Interest Credit .76
9,139.30
Effective dates
08-31-03
INTEREST RATE
0.100%
" Skip in check sequence
3r
Statement of Account
0398109538
LA QUINTA HISTORICAL SOCIETY August 31, 20
PO BOX 1283
Days in statement period: - V.
s 4
LA QU I NTA CA 92253
DIRECT INQLJIRIES- TO: _
888 342 5733
PFF BANK & TRUST
78752 US HIGHWAY 111
LA QU I NTA CA 92253
Summary of Account Balance
Account Number Ending Balance
Community Link Checking 0398109538 $9,245.99
3
C 38
Community Link Checking 0398109538
Low balance $9,245.20
Avg collected balance ` $9,343.00
Interest paid year to date $10.08 5 E
Date Description
07-31 Beginning balance
Additions Subtractions
Balance
;9.596.38
08-04 Check 2296 -96.00 9,4BUMB
nn_nA UOre000thnri7=d Wd -47.45 9,420.61
BANKCARD MTOT DISC CCD
030804 470719020022794
08-05
Check 2295
-85.42 9,335.19
08-26
Check 2300
-72.19 9,263.00
08-27
Check 2301
-17.80 9,245.20
08-31
#Interest Credit .79
9,245.99
r
Effective dates INTEREST RATE
07-31-03 0.100%
nc WOes
Number
Date
Amount
2295
08-05
85.42
2296
08-04
96.00
2297
08-01
32.32
2300 '
08-26
72.19
2301
08-27
17.80
' Skip in check sequence
g `�
Statement of Account
0398109538
R p
C i
1
LA QUINTA HISTORICAL SOCIETY
.tune ,
PO BOX 1283
Days. In statement" perto Q
LA QUINTA CA 92253
A
Rage `
-DIRECT INQUIRIES TO: - --
----
-- ---
------ ------
PFF BANK & TRUST
78752 US HIGHWAY 111
LA QUINTA CA 92253
-
Summary of Account
Balance
.
Account
Number
Ending Balance
Community Link Checking
0398109538
$119548.66
yti..
Statement of Account
0398109538
Community Link Checking 0398109538`
Low balance $11,547.66
Avg collected balance ` $12,267.00
Interest paid year to date $8.40
Date Description Additions Subtractions Balance
05-31 Beginning balance $14,213.69
na-n9 IiDennsit 150.00 14,363.69
06-03
Check 2282
-98.64
14,265.05
06-03
#Preauthorized Wd
BANKCARD MTOT DISC CCD
030603 47071W20022794
-35.00
14,230.05
06-04
Check 2280
-16.59
14,213.46
06-04
Check 2281
-54.22
14,159.24
06-05
06-05
##Deposit 96.50
Check 2277
-1,240.25
14,255.74
13,015.49
06-06
Check 2278
-10.00
13,005.49
06-11
Check 2289
-379.59
12,625.90
06-12
Check 2288
-474.60
12,151.30
06-13
Check 2284
-482.18
11,669.12
06-16
Check 2286
-40.00
11,629.12
06-17
Check 2287
-25.00
11,604.12
06-19
#Preauthorized W
DELUXE BUS SYS. BUS PRODS CCD _ _ _ _
-56.46
_ _ _ _ _ _ _
11,547.66
_ .
MUMAlIntprpct
Credit 1.00
11,548.66
Effective dates INTEREST RATE
05-31-03 0.100%
10 Enc osures
Number Date Amount
2277
06-05
1,240.25 -
2278
06-06
10.00
2280 "
06-04
16.59
2281
06-04
54.22
2282
06-03
98.64
2284 '
06-13
482.18
2286 "
06-16
40.00
2287
06-17
25.00
2288
06-12
474.60
2289
06-11
379.59
Skip in check sequence
f;
k
4,
T4t�p 4.�Qrcl�tTw
COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE•
Discussion of Status Report on SilverRock Ranch
RECOMMENDATION:
Receive and file.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
None for this action. The capital improvement program includes the necessary funds
to implement Phase I of the project. Phase I development costs are estimated at
$94.1 million.
BACKGROUND AND OVERVIEW:
In July 2002, the Agency purchased 525 acres that was once the Ahmanson family
ranch. The Agency retained the services of GMA International to prepare a master
plan and development program. The Agency adopted SilverRock Ranch as the name
for this premier golf -oriented community that encompasses two 18-hole golf courses,
resort, passive recreation and resort -oriented commercial uses.
The Agency authorized the sale of both tax-exempt and taxable bonds to fund the
acquisition of the land and construction of the first phase of the project. The project is
included in the approved 2003/04 Capital Improvement Budget.
The Agency authorized staff to prepare request for proposals, develop the selection
process for retaining the design professionals and management consultants to prepare
bid documents, oversee and administer construction, and manage and operate the golf
course upon opening, which is scheduled for January 2005. The following consultants
have been retained or are pending* retention:
J ::;
Discipline
- Master Plan
- Golf Course Design
- Development Coordinator
- Civil Engineering
- Plant Inventory
- Marketing
- Building Architect
- Construction Manager
- Water Resources Design
- Golf Course Operator
- Landscape Architect
Firm
GMA International
Palmer Course Design Company
BHI (Roy Stephenson)
The Keith Co. /MDS
Dudek
McMurry
Dahlin Group
Heinbuch Golf*
Pace Engineering*
To be selected (Dec. 2003) *
To be selected (Jan. 2004) *
In order to meet the Agency's objective of opening the golf course in January 2005, it
is necessary to start construction of the golf course in early 2004.
It is planned to award a mass grading contract for the golf course in January 2004
followed by award of a golf course construction contract in March 2004. This
aggressive schedule must be closely followed to insure that grassing is completed by
August 2004 to permit proper germination and time for grow -in.
The design team is in place (assuming the Agency approves the contract with PACE,
Inc. to provide water resources design) to complete the necessary bid documents to
meet this schedule for golf course construction.
The design team is also is ready, except for the Landscape Architect scheduled for
selection in January 2004, to prepare the documents for the support infrastructure
which includes the temporary clubhouse, maintenance building, restrooms, streets,
sewers, storm drains, water wells, utilities, and landscaping. These improvements are
planned for construction by separate publicly bid contracts and will be coordinated
with the golf course construction contractor.
Attached to this report is the master schedule for the consultant team and contractors.
The Agency's development coordinator (Roy Stephenson) will discuss this in more
detail at the Agency Board meeting.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
2
1. Receive and file this report; or
2. Provide additional input and direction to staff regarding the project
implementation schedule and process.
Respectfully submitted,
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Project Master Schedule
3
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1�v 4
COUNCIL/RDA MEETING DATE: November 4, 2003
ITEM TITLE: Discussion of Project Entry Concept
Plans and Conceptual Perimeter Landscape Plans for
SilverRock Ranch
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Continue discussion of the project entry concept plans and initiate discussion of
conceptual perimeter landscape plans.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On June 17, 2003, the Agency Board approved a contract with GMA International for
master plan coordination services. The scope of work includes the preparation of a
water management plan (via a subcontract with PACE Engineering); a conceptual
grading and drainage plan; conceptual project entry and perimeter landscape plans;
review and analysis of the golf course design; and project website maintenance.
At the October 7, 2003 RDA meeting, GMA presented three alternative entry concepts
for Avenue 52: an oval configuration, a triangular configuration, and a straight-
in/straight-out configuration. After discussing the three concepts, there was a general
consensus in favor of the oval configuration. (The meeting minutes are included as
Attachment 1.) GMA has further refined this particular configuration based on Agency
Board input; a plan view and elevation rendering are included as Attachment 2. GMA
will review these at today's meeting.
GMA will be introducing entry concepts for Avenue 54 and Jefferson Street.
Attachment 3 is a sketch of a proposed configuration for Avenue 54, the "back door,"
or service entry. Three concept sketches (Attachment 4) are being presented for the
168
Jefferson Street entry. These sketches depict the structural elements only, and do not
include landscape or aesthetic details.
For the conceptual perimeter landscaping, GMA has been working with Pinnacle
Design (golf course landscape subconsultant to Palmer Course Design) to create a
unified look with areas that touch the golf course. In the non -golf areas, including the
multi -use trail, GMA has provided several options for Agency Board consideration
(Attachment 5). GMA will review these options and will also discuss an analysis of
landscape concepts (Attachment 6) with the Agency Board at today's meeting.
Respectfully submitted,
S
Mark Weiss, Assistant Executive Director
Approved for submission by:
i
homas P. Genovese, Executive Director
Attachments: 1.
Minutes of October 7, 2003 RDA Meeting
2.
Avenue 52 Entry Concept
3.
Avenue 54 Entry Concepts
4.
Jefferson Street Entry Concepts
5.
Perimeter Landscape Illustration
6.
Analysis of Landscape Concepts
2
1F;9
ATTACHMENT 1
Redevelopment Agency Minutes
3:00 P.M.
October 7, 2003
STUDY SESSION
1. DISCUSSION REGARDING CONCEPTUAL GRADING AND DRAINAGE
PLAN AND PROJECT ENTRY CONCEPT PLANS FOR SILVERROCK
RANCH.
Assistant Executive Director Weiss presented the staff report.
Gil Martinez, of GMA International, indicated Pace Engineering has
completed the water management plan and will be submitting it to
staff in a few days. The consultant team has tentatively scheduled
meetings with CVWD to talk about edge treatments and canal
crossings and to receive some type of certification on the report. In
reviewing the conceptual grading plan, he stated the objective
elevation for the main hotel pad is 28 feet, with the canal elevation of
approximately 20 feet being used as a baseline.
Board Member Sniff asked about the distance between the main hotel
pad and the mountain. He also noted there are multiple hotel sites.
Mr. Martinez stated the distance is approximately 500 feet. He went
on to say the clubhouse pad will also be at approximately 28 feet. He
then reviewed three alternatives for the Avenue 52 entry, with three
options for Alternative #A. He noted all of the scenarios have water,
which will be used for irrigation uses as well as aesthetics. He added
the existing retention basin can possibly be moved to this location,
doubled in size, and made to look like a water feature.
In response to Board Member Osborne, Mr. Martinez confirmed the
conceptual grading plan will be a starting point for Palmer Course
Design to use in developing their own grading plan.
In response to Board Member Adolph, Mr. Weiss stated the City
should receive a copy of the grading plans along with three-
dimensional elevations, which he will ask if they can provide on a
picture graph.
Mr. Martinez noted the curb style will need to be discussed at some
point, and suggested the possibility of using 4-inch, rolled curbs to
provide a more rural look. He then used overlays to show the possible
3
170
Redevelopment Agency Minutes
October 7, 2003
use of statues in the entry area, and a textured roadway to provide
the feel of going over a bridge.
Board Member Adolph suggested ending the pedestrian walkway at
the curb in the oval design for Alternative #A, and asked if the intent
is to pursue divided roadways inside the project.
Mr. Martinez replied the roads will probably not be divided past the
entry zones. In reviewing entry Alternative #B, he noted the road is
closer to the golfers, which may make it the weakest of the concepts.
He then reviewed Alternative #C, a straight -in entry with a small
roundabout before the gate, and referenced possible monument sign
locations.
Board Member Adolph noted the intersection will be signalized, and
the monument signs should be located so as not to be blocked by
traffic signal poles.
Mr. Martinez reviewed a potential spectator drop off area, and stated
they will be discussing it with Palmer Course Design to see how it
could fit into the routing plan. He also advised of the need to develop
a boundary for the project limits of the perimeter landscaping.
Chairperson Henderson noted it may be possible to eliminate
Alternative #B.
Board Member Perkins stated he envisioned major rock formations in
the entry areas.
Board Member Osborne asked if Board Member Sniff's entry sketch
had been incorporated into any of the alternatives.
Mr. Martinez noted his sketch was for the Jefferson Street entry but
the roundabout movements were incorporated into the Avenue 52
entry concepts. He felt the sketch would fit in with Alternative #C.
Board Member Osborne stated he likes Alternative #C, and noted it
utilizes the least amount of land.
Board Member Sniff stated his drawing had a significant emphasis on
multiple things — a sense of mountains, palm trees, and a multi -level
entrance way with a sense of latitude and openness.
4
171
Redevelopment Agency Minutes
October 7, 2003
In response to Chairperson Henderson, Mr. Martinez confirmed he
understood Board Member Sniff's sketch was suggested for Jefferson
Street.
Board Member Sniff noted although the Avenue 52 entrance was to
be the lesser of the two entrances, it was intended they be of a
compatible design.
Mr. Martinez noted Alternative #C has a roundabout past the entry
with waterfalls on each side, and is similar to Board Member Sniff's
sketch. He stated they are looking more at the structural part of the
entry at this time, and will get more into the character of the design
later on.
Board Member Adolph stated he likes Alternative #A, and feels any of
the options can be massaged to work. In looking at the lushness of
the entry concept, he questioned how 50% of it would not be
irrigated.
Mr. Martinez explained the percentage includes pavement and the lake
area.
Board Member Adolph stated he's not totally in favor of having a
roundabout because of the safety factor and the amount of land they
consume, except for an elongated roundabout. He agrees with having
an entry that ties the entrance and mountains together, and voiced
concern about the cost of bridges.
Board Member Perkins stated he doesn't like Alternative #B very much
but it does alleviate a traffic problem. He likes the option with bridges
but agrees with looking at the cost factor. He voiced concern that a
roundabout could be a traffic problem during tournaments if someone
decides to use it to make a u-turn. He feels the entry should have
large boulders to go along with the project name, and stated he won't
support any of the concepts if they utilize stamped concrete because
it looks too commercial.
In response to Chairperson Henderson, Mr. Martinez confirmed
Alternative #C consumes the least amount of real estate. He stated
Palmer Course Design needs to know which entry alternative the
Agency supports in order to finalize their grading plans.
Chairperson Henderson stated she supports any of the Alternative #A
options but feels it's important that the selected design include
5
1 742
Redevelopment Agency Minutes
October 7, 2003
boulders. She noted from the beginning the Agency has used words
like "important, bold, critical, front door, and needs to make a
statement" in reference to this project. She feels it's important to
stay on line with the project, and if that includes a bridge that is
somewhat over the budget, it should be done because that is all part
of what this project is about. She feels the oval roundabout concept
is close to Board Member Sniff's sketch.
Board Member Osborne noted Alternative #C separates the vehicles
from the golfers. He asked if Alternative #A can be revised to reduce
the amount of land used, as well as the visual and noise impact of
vehicles on the golf course.
Mr. Martinez stated Palmer Course Design will create some berming
and protection at the tee boxes and greens, and the waterfalls will
create "white noise." At this point, Palmer Course Design needs to
know how much room they have for the golf course.
Chairperson Henderson noted there appears to be a consensus for
Alternative #A
Board Member Sniff commented that the roundabout in his sketch was
a minor component of his proposal.
Chairperson Henderson stated she feels that option is still open for
Jefferson Street, and that the two entries can be tied together by
virtue of the other elements involved.
The Redevelopment Agency recessed to and until 7:00 p.m.
7:00 P.M.
PUBLIC COMMENT — None
CONFIRMATION OF AGENDA — Confirmed
Avenue 52 Entry
ATTACHMENT 2
SAL 1
c
i
ATTACHMENT 5
y.;
ATTACHMENT 6
15