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ND La Quinta Partners/Reimbursement for Madison St Imprv re: Hideaway 164 Za/b - 000il, MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Timothy R. Jonasson, P.E., Public Works Director / City Engineer xf DATE: January 25, 2016 RE: Reimbursement Agreement for Street Improvements Constructed by the Hideaway Development Attached for your signature is the reimbursement agreement with ND La Quinta Partners, LLC for street improvements on Madison Street associated with the Hideaway development. Please sign the attached agreement(s) and return it to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: Contract poyments will be charged to account number: A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2), Authority to execute this agreement is based upon: X Approved by the City Council on Jan. ar, 19.2116 City Manager's signature authority provided under Resolution No, 2015-045 for budgeted expenditures of $50,000 or less Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: N/A Insurance certificates as required by the agreement (initialed by Risk Manager on ()filo) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License (copy or note number & expiration dote here LIC- 4268 exp on 10/31/2016) N/A Purchase Order number CITY OF LA QUINTA REIMBURSEMENT AGREEMENT TRACT MAP No. 29894 STREET IMPROVEMENTS TO MADISON STREET (AVENUE 52 TO AVENUE 54) THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of ' 20 , by and between ND La Quinta Partners, LLC, a Delaware limited liability company, hereinafter referred to as "Developer," and the City of La Quinta, California, a California Municipal Corporation and charter city (the "City"). RECITALS A. Developer is the subdivider and developer of property in the City of La Quinta subject to the provisions of Tract 29894'3 ("Tract") which area is currently known as the Hideaway and which is located south of Avenue 52 and north of Avenue 54 between Jefferson Street and Madison Street. B. The Conditions of Approval for Tract 29894 obligate Developer to construct certain improvements on Madison Street, generally described as follows, and more specifically described in the Conditions of Approval, #43, a, iv as follows: 1) Madison Street: Construct 86 -foot improvements (travel width excluding curbs) plus 6 -foot sidewalk on west side of street and 10 -foot multi-purpose trail on the east side of street (design to be approved by City). The aforementioned improvements are herein referred to as (the "Required Improvements") and as shown on Exhibit A. C. The City has identified source of funds from which it desires to reimburse Developer for the Required Improvements at a point in the future to be determined by the City. The time and form of reimbursement payments shall be as set forth in the Agreement. The funds source is the Transportation Component of the Development Impact Fee. All land developments in the City are required to pay Development Impact Fees ("Fees") pursuant to the Development Impact Fee Program ("Program"), adopted by the City on June 15, 1999 and revised October 7, 2(}08. A portion of Development Impact Fee known as the "Transportation Component" provides future funding for specific arterial street improvements located throughout the City (Exhibit B). D. The Transportation Component of the 2008 DIF Program contains cost details for Madison Street (Avenue 52 to Avenue 54). The cost details (Exhibit C) reflect a DIF totaling $2,214,723 for Madison Street excluding the median landscape and irrigation (Avenue 52 to Avenue 54). The ultimate Required Improvements are estimated to be $418,399.50 for Madison Street excluding the median landscape and irrigation (Avenue 52 to Avenue 54). ewmuurspmp ' Ani/ - mrAmse°m,wm`orinrw,mi9,nzyos* pFig, wv E. The City Engineer has reviewed the scope and cost associated with the Required Improvements and has determined that the Required Improvements are covered by the Program and are eligible for certain reimbursements, subject to certain limitations and availability of funds discussed herein. F. The parties hereto desire to enter into this Agreement to effectuate the terms of the City's reimbursement to Developer of certain costs incurred by Developer in constructing the Required Improvements to the extent they are determined to be eligible for reimbursement and to the extent the City has the funds available in the Transportation Component of the DIF Program. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer. Developer has constructed the Required Improvements as described in Section B of the Recital above, excluding the median landscape and irrigation on Madison Street, hereto and incorporated herein by this reference. Developer has borne the cost of constructing the Required Improvements excluding the median landscape and irrigation on Madison Street. The Developer has submitted to the City invoices and supporting documentation for those eligible costs per Exhibit A, which total $418,399.50 for Madison Street. 2. Responsibilities (a) Approval or Disapproval of Expenses. The City Engineer has approved the submitted invoices. Developer recognizes that the City Engineer's approval of the costs does not guarantee that the costs will be reimbursed. Instead, the City Engineer approval is a condition precedent necessary for the costs to be processed for credit or reimbursement. (b) Reimbursement from the City's Future Transportation Component Fees. Developer is eligible for credit end/or reimbursement at some point in the future from the Transportation Component Fees collected on other pjecto. Developer recognizes that at this point in time, the City cannot commit to a time certain for reimbursement, in as much as the City is entitled to establish the priority of spending for the Transportation Component Fees. Developer further recognizes that the City Council may consider a policy regarding the priority of reimbursement, and that if adopted, the timing of its reimbursement will be subject to the policy. In no event will the amount of reimbursement (including credit) exceed $418,399.50 for Madison Street excluding the median Iandscape and irrigation. 3' 1)(suules. In the event of any dispute arising under this Agreement, the ijured party shall notify the injuring party of its contentions by submitting a claim therefore. The injured partyahmUoontinumporforrningitoobU0ationoinourrmdhmreinao|nngaothmi juring party commences to cure such injuring action within ten (10) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be agreed upon by both parties to this Agreement. nmmbunom,nt. Actrron98-n/rvwro°f9'xifo952/eao/pm8it 29894 p9g°2o/o 4. /\ttvL/!OMI. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. 5. Indemnification. Developer shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Developer, its officers, employees representatives, and agents, which arise out of acts or activities of Developer's or Developer's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Developer shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the lndemnified Parities. G. City Officers and Employees; Non -Discrimination. No officer or employee of City shall be personally liable to Developer or any successor in interest in the event of any default or breach by City or for any amount which may become due to Developer or to its successor or for breach of any obligation of the terms of this Agreement. 7. Term o|Anrmommnt. This Agreement shall remain in full force and in effect until each party has fully performed its obligations and all required reimbursements have been issued. 8. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Developer: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Engineer (760) 777-7075 ND La Quinta Partners, LLC P.O. Box 1482 La Quinta, California 92247 Attn: Scott Birdwell (310) 880-1202 oe.rrm",arnn xgremm' mpxnre,mk maoar"m 3me4 Raga xofo �. As;3ignment ofA t. Neither Party may assign its obligations hereunder to any assignee without the knowledge and without written consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee willingly, financially capable, and competent to carry out the assignor's obligation. 10. General Provisions. A. Except as otherwise provided herein, the terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. B. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. C. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. D. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies provided for herein. E This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. F. This Agreement may be executed in counterparts, which when taken together, shall constitute one fully executed document. 11. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 12. Authority of Signatories. 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 are formally bound to the provisions of this Agreement. me=»mFnrn^ ,xo,,::^Frien. Agr,-?,-*TO moeomn mm/,v"2989,1 rarj°ux IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF LA QUINTA: Digitally signed by Frank J. Spevacek DN: serialNumber=1n615nh01202cvmj, c=US, st=California, l=La Quinta, o=Frank J. Spevacek, cn=Frank J. Spevacek Date: 2016.01.26 15:29:43 -0800' Frank J. Spevacek, City Manager Date ATTEST: Digitally signed by Susan Maysels DN: serialNumber=j4r7111g1 ppsr45f, ' c=US, st=California,1=La Quinta, o=Susan Maysels, cn=Susan Maysels Date: 2016.01.26 17:01:05 -0800' Susan Maysels, City Clerk City of La Quinta Developer: ND La Quinta Partners, LLC P.O. Box 1482 La Quinta, California 92247 By: Date Title: Authorized Representative By: Title: Approved as to Form: WILLIAM H. IHRKE, City Attorney City of La Quinta Date Reimbursement Agreement — DIF Agreemt Hideaway Madison St (No Median Landscaping) - 29894 Page 5 of 8 � � LIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Anotary public orother officer completing this certificate verft;es only tie denlity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvalidity ofthat document. r) STATE OF COUNTY OF On 3e 7'�v2.0jc- wore me, -��e„ who prove 1 to me 'on Uh`` basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me thnt he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal m» � COMM. o1983071 atoc� Notary Public • California ~ Los Angeles County This area for official notarial seal, Exhibit A REQUIRED IMPROVEMENTS -TRACT No. 29894 PIF ELIGIBLE REIMBURSEMENT Description Units Madison Street - Street L.S. Improvements (One Inside Lane from Avenue 52 to Avenue 54, West Side) - Required Off -Site Street Improvements Eligible for Reimbursements From Development Impact Fee Fund Unit Cost Qyrtft Totat $418,399.50 $418,399.50 Developer has submitted invoices and supporting documentation for eligible costs for the Required Improvements described above which total $418,399.50 for Madison Street. Reimbkvsem,olt Agreern,?nt -DIF Agroarnt Hikic-,41way Iv13,11,3r>n St - 29891 Pnge 6 of P, Exhibit B October 7, 2008 DIF Fee by Development Category Ppimburserm7nt ,Agreeme,no. -DIF Agreomi Hidelway Madison - 291 raq,3 ,:of Ciry of La Quinia — Development Impact Fee Study F. SUM RY OF IMPACT FEES Table S-1 su arizes the The aunts shown in 1 d UsTyp Type Res (SFD) mit I_ht(s DUz ended impa le based on the Pig !Cf./ l'annportittion $3.592 $1.773 Res (SEA) Res (MFO) Office/Hosp. General Corn Tourist Com Golf Courses DU DU KSF KSF Room — Room Acre G. PROJECTED RE $3.592 $2,098 56,931 $5,648 $1.826 5668 $1.773 $1.773 ees by development category and facility type. y is in subsequent sections of this report. ttter ectioti $1.089 $612 5182 $102 5280 5157 5135 576 5639 5360 5189 5107 5158 n1'ni n rt",7 5334 5104 S334 5104 $334 5104 , cal Fac. 5158 thi I 551 $7,713 5158 551 592 551 5309 5252 581 530 Table S-2 shows projected total revenue from impact fees, from now to build out, ass ing that the fees are adopted as reco ended and that all development anticipated in this report actually occurs. Note that projected revenue is given in current dollars. Facility Tyne T rtation s Civic Center Table S-2 Projected hn )act Fee Revenue Projected Revenue $55,901,770 $19,00-002 $10,912,682 Fire _ Lib . 'es Co 'ty Centers Street and Park Mainte ce TOTAL Rkt.',;1&sciRit. Stngle harinly Detached Dwelling Unit Re..5ideiontl- Situ* Faintly Atilched ile-nIrkutiol l'''arnily Aind other 1,000 Squaw Feet of Gross Building At.' -,i 4 Project Revenue ia current drillniN $6,136,641 $3,579,595 $1,110,102 $3,552,565 $100,194,457 September 16, 2008 Page 4 56.296 _54.889 $7.451 56,899 52,204 5945 Exhibit C October 7, 2008 DIF Cost Detail Madison Street (Avenue 52 to Avenue 54) Reimbursernem P,qreernent -DIF Agreemt Hideaway Madison St - 296°4 Page 6 of S CITY OF LA QUINTA DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type; Primary Arterial Project: MadisonStreet(Avenue ---------------------- Description _ The proposed improvements include the installation of two lanes, median curb, and median landscape, Irrigation and lighting between Avenue 52 and Avenue 54 on Madtson Street. _„ ITEM DESCRIPTION MOBILIZATION '--- LS 1 2 TRAFFIC CONTROL 1 _— 35.000.00� DUST CONTROL UNITS UNIT ELIGIBLE QUANTITY COST DIF COS UNCLASSIFIED EXCAVATION GRAD|NG____ CLEARING AND GRUBBING 7 WET UTILITY GRADE ADJ 8 8"/NB]k�NCU�B — - ------- 1----k3.|N�- �--- LANDSCAPE IRRIGATION 1ELECTRICAL SUB -TOTAL _==_= 6/19/2008 LS LS LS LS AC LS LF LSSF SF 8 1 � 72,000.00 78,062.50 � 78,062.50 � ` � \ 102.109.3-S� 182.10l 2,777.78 7500 176163 1 90000 50,370.00_--_-_'_- ____ -------' 1O.4S_ 78,375l0 2.56� 450,976.0020,000.00 ---'2Q�OO�0 �S� �� 31' 55.0n 1.34 120.675.00 168,000.00 168,000.00 _12512,153.55 � _ ___ � �. 5 72,407.63 CityAdm�i1� 82,332.b0_ Tota S 2�1���[� ____ Estimated Soft Costs: Notes: 1. This project has a pending Developer Reimbursement Agreement (ORA) with the Madison Club In the amount of $2,030,887 for two travel lanes, median curb, and median landscape improvements, from Avenue '52boAvenue 54. The improvements have been constructed. Appendix 1 (15 of 19)