2008 Costco - Hwy 111 & Depot DriveCOOPERATIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION OF
HIGHWAY 111 STREET IMPROVEMENTS AT DEPOT DRIVE
This agreement entered into this Z-IT4 day of OGTO�, 2008, is
between the City of La Quinta, a Municipal Corporation, referred to
herein as LA QUINTA," and Costco Wholesale Corporation, referred to
herein as "COSTCO." LA QUINTA and COSTCO are collectively referred
to in this Agreement as "PARTIES."
RECITALS
(1) Pursuant to City Council Resolution No. 2006-005 Conditions of
Approval — Final Tentative Parcel Map 33960 Costco Wholesale
and Komar Investments January 3, 2005, COSTCO was required
to improve the street on Hwy 111 as follows (the "HWY 111
CONDITION"): "A 24-foot wide raised landscaped median along
the entire boundary of the Specific Plan plus variable width as
needed to accommodate a dual left turn for the westbound
Highway 111 turning left to southbound Depot Drive. The length
shall be as required by Caltrans but a minimum 250 feet. The
raised landscaped median may be deferred until the City of La
Quinta's Highway 111 Widening project from Adams Street to
Jefferson Street as required by Caltrans and the City Engineer.
(2) LA QUINTA has designed and is constructing improvements on
Highway 111 between Adams Street and Jefferson Street and has
included bid items for the HWY 111 CONDITION.
(3) COSTCO desires LA OUINTA to include the HWY 111 CONDITION
construction as part of LA QUINTA's Highway 111 Street
Improvement Project.
(4) COSTCO agrees to pay LA QUINTA the estimated costs to
construct the HWY 111 CONDITION, in an amount equal to
US$185,000.00 as COSTCO's full and final discharge of the
HWY 111 CONDITION.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows:
Section I
LA QUINTA AGREES:
(1) To pay for the HWY 1 1 1 CONDITION design, engineering,
inspection/testing/survey, and administrative costs.
(2) To prepare the HWY 111 CONDITION Plans, Specification,
Estimates (PS&E). PS&E are to be prepared in accordance with
the Standard Plans and Specifications of the State of California
Department of Transportation, the standards and practices of LA
QUINTA and all applicable laws and regulations.
(3) To have final design documents and drawings for the HWY 111
CONDITION prepared by or under the direction of a civil engineer
registered and licensed in the State of California, and that the
plans, specifications, and any reports shall bear the professional
seal, certificate and signature of the professional engineer
responsible for their preparation.
(4) To advertise, award and administer a public works contract for the
construction of the HWY 111 CONDITION improvements.
(5) To release an discharge COSTCO from any and all responsibility to
perform, or pay for any costs (soft or hard) pertaining to, the
construction of the HWY 111 CONDITION improvements from and
after COSTCO's payment of US$185,000.00 to LA QUINTA.
(6) To maintain the improvements, including the HWY 111
CONDITION improvements, within the street right of way.
(7) LA QUINTA will place on the agenda and recommend for City
Council acceptance the release of the bonds being held for
COSTCO's off -site improvements after receipt of COSTCO's
payment of US$185,000.00 for the HWY 111 CONDITION costs
and after the conditions listed on Exhibit A for project final
acceptance have been met..
Section II
COSTCO AGREES:
(1) To pay an amount equal to US$185,000.00, which is the
estimated cost of constructing the HWY 111 CONDITION, and to
deposit such amount with LA QUINTA within thirty (30) days of
receipt of billing therefor.
(2) To complete the required conditions listed on Exhibit A for Final
Acceptance of Improvements and release of associated securities.
Section III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1) No alteration or variation of the terms of this Agreement shall be
valid unless made in writing and signed by all parties, and no oral
understanding or agreement not incorporated herein shall be
binding on either party hereto.
(2) Upon completion of all work under this Agreement, ownership and
title to all materials, equipment, and appurtenances installed will
be owned by LA QUINTA.
(3) Neither COSTCO nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by LA QUINTA under or in
connection with any work, authority or jurisdiction delegated to LA
QUINTA under this Agreement. It is further agreed that LA
QUINTA shall fully indemnify and hold COSTCO harmless from any
liability imposed for injury occurring by reason of anything done or
omitted to be done by LA QUINTA under or in connection with any
work, authority or jurisdiction delegated to LA QUINTA under this
Agreement.
NOTICES:
Any notice required to be sent pursuant to this Agreement shall be
sent by regular mail, addressed as follows:
(Remainder of page intentionally left blank)
COSTCO WHOLESALE CORP
Costco Wholesale Corporation
c/o Tim Anderson
999 Lake Drive
Issaquah, WA 98027
Dated
M
Titl
CITY OF LA QUINTA
Thomas P. Genovese, City Manager
78-495 Calle Tampico
P.O. Box 1508
La Quinta, CA 92247
Dated: /yp d.
APPROVED AS TO FORM:
By: �
herine Jenson
ityCat
Attorney
AA3062
WCHAPEI.A iSMI K. N C.A �Sl EF1 8121399
ILL.WACHOVIA
LAKF DRIVE N OR CKCK DATE
ISSAQUAH. WA 98027 g rM o0 01I13/09
(425) 313.8100
CHECK AMOUNT
*****185000 DOLLARS 00 CENTS $185,O-00.00
GDSTCO WHOLESALE FilY POD AFTER 90 DAYS
'PAY TO THE ORDER OF CITY OF LA U I NTA -
CQMMUNITY DEVELOPMENT DEP ar
778 49g55 CALLE TAMPICO 1504 AUUi SGNATURE
LA QOlNTA CA 92253-1504 _
y AU R4UA]IED iCiNRIURE _.[74yD F>�REp�
ALONG THIS PERFORATION --
INVOICE NUM{3EA
DATE
POIRA
INVOH:E AMOUNT DISCOUNT AMOUNT
PAYMENT AMOUNT
1005
12/08/08
185,000.00
.00 185,000.00
� c
T-OR PAYMENT
acc�ou
i No.
uescri
-,-nttc
lion
pay
i
6w oo- L)o
receiv6 d
JAN 2 6 2001
City of La Qulnta
Planning Depadment
84458-Oo�
Cnk#:8121399
$185,000.00
$.00
$185,000.00
VENDOR
NO. f
TOTAL INVOICE
TOTAL DISCOUNT
CltECK AMOUNT
CITY Y LQ "ATA
Date: *►11 CUSTOCR RE:ClP_ ***
1Ic81O9 02 Recei0t no: iO163
Description99 x'+antity
DYERRIDE: REVENUE Aao�n�
Trans number: 1.00 tl&WO@.0O
110861
COSTCO PpIgENT CIP 1743
401-0000-364,00-00
Tender detail
CK EPECf
Total tendexeR 81c1399 1185rDOO.00 .
Total payment iI$5O�4a.O
t1850@O.O0
Trans date: 1/7/09 Tire: 16:31:40
*** THANK YOU FOR YOUR PAYMENT ***
•4M1.ry.41.M1•44411,} LS4'L'r'�L •r •. •_ti.yg tiv hyylNM1 Mr4•L+. FOR QUESTIONS PLEASE CALL 760-777-7150
City of La Quinta
78-495 Calle Tampico, La Quinta, CA 92253
Phone (760) 777-7078 Fax (760) 777-7051
dpearl@la-quinta.org
TO Costco Wholesale
Attn: Tim Anderson
999 Lake Drive
Issaquah, Washington 98027
Cooperative Agreement for the Design and
Construction for Highway 111 Street Improvements at
Depot Drive; Final Tentative Parcel Map 33960
INVOICE
DATE: JANUARY 22, 2021
INVOICE # 1005
PAYMENT TERMS DUE DATE
Due on receipt January 8, 2009
DESCRIPTION ir '
7Reimbursement fees totaling $185,000.00 fora 24-foot wide
aped median along the entire boundary of the
plus variable width as needed to accommodate a
dual left turn for the westbound Highway 111 turning left to
southbound Depot Drive.
UNIT PRICE
$185,000.00
LINE TOTAL
$185,000.00
7
1
* Obligation must be paid within 30 days of receipt of billing
SUBTOTAL
SALES TAX
TOTAL
$185,000.00
NA
$185,000.00
Make all checks payable to The City of La Quinta
Thank you!