HomeMy WebLinkAboutContract 1835 COOPERATIVE AGREEMENT BETWEEN THE CITY OF CATHEDRAL CITY AND THE CITY OF PALM SPRINGS
FOR ACQUISITION OF PROPERTY NECESSARY TO COMPLETE
THE RAMON ROAD AND BRIDGE WIDENING PROJECT
THIS COOPERATIVE AGREEMENT FOR ACQUISITION OF PROPERTY NECESSARY TO COMPLETE THE
RAMON ROAD AND BRIDGE WIDENING PROJECT("Agreement"), is made and entered into this 23 day of
J L{/2019, by and between the CITY OF CATHEDRAL CITY, a California charter city ("Cathedral
City"), and the CITY OF PALM SPRINGS, a California charter city ("Palm Springs"). In this Agreement,
Cathedral City and Palm Springs may each be individually referred to as a "Party" or collectively referred
to as the "Parties".
RECITALS:
WHEREAS, Palm Springs has initiated and is proceeding with the RAMON ROAD AND BRIDGE
WIDENING PROJECT ("Project"), as depicted and/or described on Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, a portion of the overall Project includes real property located within the city limits of
Cathedral City(the"Cathedral City Properties"),which are the subject of this Agreement,and are depicted
and/or described on Exhibit "B" attached hereto and incorporated herein by this reference;and
WHEREAS, both Parties acknowledge and agree that each Party has the broad power of eminent
domain over any property within its jurisdiction necessary, incidental, or convenient to the exercise of its
powers pursuant to relevant provisions of California law and/or California Government Code section
37350.5; and
WHEREAS, both Parties also acknowledge and agree that each Party has the specific power to
improve, widen, and connect streets pursuant to California Government Code section 40401 and
California Streets & Highways Code section 1804, and that each Party may use the power of eminent
domain for accomplishing such actions pursuant to California Government Code section 40404 and
California Streets& Highways Code sections 1807 and 1810; and
WHEREAS, both Parties further acknowledge and agree that the power of eminent domain also
extends, in certain situations, to extraterritorial properties existing outside of a Party's immediate
jurisdiction and that one Party may consent to the other Party's exercise of the power of eminent domain
within the other Party's jurisdiction pursuant to California Code of Civil Procedure section 1240.050
and/or an agreement for a joint exercise of powers pursuant to California Code of Civil Procedure section
1240.140; and
WHEREAS,by way of this Agreement for joint exercise of powers,and pursuant to California Code
of Civil Procedure section 1240.140 and Government Code section 6500 et seq., Palm Springs wishes to
exercise its eminent domain powers to acquire the Cathedral City Properties and Cathedral City wishes to
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consent to Palm Springs acting as the lead agency in the acquisition of the Cathedral City Properties in
connection with the Project; and
WHEREAS, Cathedral City and Palm Springs wish to define their responsibilities concerning the
Project in general, and the Cathedral City Properties in particular.
TERMS:
NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration,
the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated fully herein by this reference.
2. Palm Springs shall advertise, award and fund the construction of the Project in accordance
with the Funding the Local Share Agreements executed between the Cathedral City and Palm
Springs on January 13, 2009 and January 30, 2017, respectively (collectively, the "Funding
Agreements") and applicable law.
3. Palm Springs shall act as lead agency for all the design and construction phases of the Project
and shall be responsible for funding the Project in accordance with the Funding Agreements.
4. Specific to the fact that the Cathedral City Properties and other portions of the Project are
located within Cathedral City's jurisdiction, but that the Parties agree to Palm Springs acting
as the lead agency for the Project and/or the Cathedral City Properties,Cathedral City hereby
consents to Palm Springs' exercise of the power of eminent domain and agrees to the joint
exercise of powers as so required to complete the Project and/or the acquisition of the
Cathedral City Properties or to obtain the property necessary for the Project pursuant to the
provisions of California law above. Palm Springs shall be responsible for ensuring its
compliance with all applicable state and federal laws relating to its acquisition of any such
property, as applicable, including, but not limited to: (i) California Constitution Article I, § 19;
(ii)the California Eminent Domain Law(Code Civ. Proc., §§ 1230.010 et seq.); (iii)the Uniform
Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted
Programs, as amended (42 U.S.C. § 4601 et seq.); (iv) California relocation laws and any
implementing regulations (including, but not limited to, Gov. Code, §§ 7260 et seq.); (v)
general California eminent domain statutes (including, but not limited to, Gov. Code, §
37350.5 and§§40401 et seq.);and (vi) any other applicable state and federal laws.
5. Cathedral City shall issue a permit to Palm Springs, and Palm Springs shall provide Cathedral
City with the opportunity to inspect the plans for the Cathedral City Properties for general
conformity with the approved Plans and Specifications.
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6. Cathedral City shall coordinate the relocation of all affected utility company facilities within
the Cathedral City limits in a timely manner.
7. Palm Springs and Cathedral City shall extend cooperation to each other and proceed under
this Agreement in good faith during all phases of the Project to facilitate timely completion of
the Project and acquisition of the Cathedral City Properties. The Parties agree that when any
component of the Project is subject to the approval of Cathedral City, Cathedral City shall
diligently pursue and provide such approval which shall not be unreasonably withheld.
8. Palm Springs shall notify Cathedral City of the official advertising dates, bid opening date,
construction start date, and overall construction schedule. Palm Springs shall invite a
representative from Cathedral City to attend pre-construction, Project status, and final walk
through meetings.
9. Change orders for the Project on the Cathedral City Properties must receive Cathedral City's
written approval prior to execution. Palm Springs shall notify Cathedral City of any potential
change orders and shall furnish a copy of any proposed change order relating to the Cathedral
City Properties in a reasonably timely manner. Cathedral City shall review and respond to the
proposed change order(s)within five (5)working days of receipt by Cathedral City.
10. Palm Springs shall provide Cathedral City final Record Drawings for the Project improvements
located on the Cathedral City Properties on Mylar and in pdf format as well as electronic CADD
files in MicroStation format, within 90 calendar days of the Project completion and
acceptance by Palm Springs.
11. Palm Springs shall record a Notice of Completion for the Project and provide Cathedral City's
Clerk with a certified copy of the recorded Notice of Completion. Upon receipt of such Notice
of Completion, Cathedral City shall accept full maintenance and upkeep responsibilities for
the Project improvements that are located within the City of Cathedral City.
12. Palm Springs shall cause its contractor for the Project to warranty the Project improvements
against defects in workmanship and materials for a minimum period of one(1)year from the
date of acceptance of the Project improvements by Palm Springs. It is further agreed that
Palm Springs shall assume the responsibility for causing the Project improvements to be
restored to full compliance with the Plans and Specification, including any test requirements,
for any portion of the Project improvements which during said one (1)year period are found
by a competent authority not to conform with the Plans and Specification,to the extent such
failure to conform results from negligent actions or willful misconduct of Palm Springs or its
contractor. This warranty is in addition to any and all other warranties,expressed or implied,
from Palm Springs contractors or material manufacturers with respect to the Project
improvements. The warranty and obligations under this section shall in no way be relieved
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by Cathedral City's inspection and/or approval. This section sets forth the entire agreement
of Palm Springs with respect to warranties for the Project improvements,but this section shall
in no way limit any expressed or implied warranties of other persons with respect to the
Project improvements.
13. Palm Springs hereby agrees to defend, indemnify and hold Cathedral City and its directors,
officials, officers, agents and employees free and harmless from and against any and all
claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of
any kind in law or equity, to persons or property, including wrongful death, in any manner
arising out of or incident to any negligence or willful misconduct of Palm Springs, its directors,
officials, officers, agents and employees in performance of this Agreement, including Palm
Springs' exercise of eminent domain and relocation obligations in the acquisition of any
property necessary for the Project as more particularly set forth in Section 6 of this
Agreement,or the construction,use,maintenance,or operation of the Project improvements.
Palm Springs shall defend,with counsel of Cathedral City's choosing and at Palm Springs'sole
expense, any and all aforesaid suits, actions or proceedings, legal or affirmative,that may be
brought or instituted against Cathedral City, its directors, officials, officers, agents or
employees. Palm Springs shall pay and satisfy any such judgment, award or decree that may
be rendered against Cathedral City, its directors,officials,officers,agents or employees. Palm
Springs shall reimburse such parties for any and all legal expenses and costs incurred by one
or all of them in connection with this Agreement or the indemnity herein provided. Palm
Springs' obligation shall survive termination or expiration of this Agreement, and shall not be
restricted to insurance proceeds, if any, received by Cathedral City or its directors, officials,
officers, agents or employees.
14. Cathedral City hereby agrees to defend, indemnify and hold Palm Springs and its directors,
officials, officers, agents and employees free and harmless from and against any and all
claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of
any kind in law or equity, to persons or property, including wrongful death, in any manner
arising out of or incident to any negligence or willful misconduct of Cathedral City, its
directors, officials, officers, agents and employees in performance of this Agreement or the
construction, use, maintenance, or operation of the Project improvements; provided,
however that this indemnification by Cathedral City does not extend to any such claims,
demands, causes of action, costs liabilities, expenses, losses, damages or injuries in
connection with Palm Springs' exercise of eminent domain and relocation obligations in the
acquisition of any property necessary for the Project and/or Cathedral City shall defend,with
counsel of Palm Springs' choosing and at Cathedral City's sole expense, any and all aforesaid
suits, actions or proceedings, legal or affirmative, that may be brought or instituted against
Palm Springs,its directors,officials,officers,agents or employees.Cathedral City shall pay and
satisfy any such judgment, award or decree that may be rendered against Palm Springs, its
directors, officials, officers, agents or employees. Cathedral City shall reimburse such parties
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for any and all legal expenses and costs incurred by one or all of them in connection with this
Agreement or the indemnity herein provided. Cathedral City's obligation shall survive
termination or expiration of this Agreement, and shall not be restricted to insurance
proceeds, if any, received by Palm Springs or its directors, officials, officers, agents or
employees.
15. Palm Springs shall cause its contractors to obtain insurance coverage for the Project
improvements sufficiently broad to insure the matters set forth in this Agreement and shall
include Cathedral City as an additional insured on all such insurance policies. As evidence of
such insurance coverage, Palm Springs shall, prior to commencement of construction of the
Project improvements, provide Cathedral City with certificates of insurance and insurance
endorsements in forms and in amounts that are acceptable to Cathedral City.
16. This Agreement shall, unless terminated earlier by either Party pursuant to this section,
automatically terminate upon the date that Palm Springs provides Cathedral City with the
recorded Notice of Completion.
17. This Agreement may be amended only by the signed mutual written consent of both Parties.
18. In the event that any one 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
affect 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.
19. 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.
20. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and
their respective heirs, personal representatives, successors,and assigns.
21. This Agreement may be executed by the Parties in counterparts, which counterparts shall be
construed together and have the same effect as if all of the Parties had executed the same
instrument.
22. This Agreement is to be governed by the laws of the State of California. Venue for any actions
brought pursuant to this Agreement shall be in San Bernardino County.
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23. This Agreement,together with the Funding Agreements, contain the entire agreement of the
Parties regarding the Project and all previous understandings, negotiations and agreements
regarding the Project are integrated into and superseded by this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have caused this COOPERATIVE AGREEMENT FOR
ACQUISITION OF PROPERTY NECESSARY TO COMPLETE THE RAMON ROAD AND BRIDGE
WIDENING PROJECT to be executed on the day and year first written above.
"Cathedral City" "Palm Springs"
City of Cat =.ral City City of Palm Springs
By: - ti?
maY: •
Charles P. McClendon, City Manager David H. Ready, City
APPROVED AS TO FO APPROVED AS TO FORM:
IP
By: v: /
Eric S.Vail, City Attorney ff Ba linger, ity Attorney
ATTEST: ATTES
By: 914 it t-e/, By: - ____
Tracey R. Martinez, City An hony J. Mej
City of Cathedral City City of Palm S. ings
Recommended for Approval:
APPROVED BY CITY COUN_O .
S . ' -- -I$-)?
John Vrella, PE, Dir. of Eng./Pub. Works
City of Cathedral City
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EXHIBIT"A"
PROJECT
(See attached Project Limits Exhibit)
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EXHIBIT"B"
CATHEDRAL CITY PROPERTIES
Fee TCE Slope Channel
APN Owner Owner Address Situs Acquisition Acquisition Easement Structure
SQFT SQFT SQFT Easement
SQFT
67744 010 Luis A.Avila Paz and 68755 San Felipe Rd Vacant Land 365 365
Maria Avila Cathedral City,CA 92234 Cathedral City,CA 92234
Luis A.Avila and 68755 San Felipe Rd 67470 Sarah St
677-444-013 Rosario Avila(Villa Cathedral City,CA 92234 Cathedral City,CA 92234 207 423
Bakery)
677-420-022 7-11 Development PO Box 711 67510 Ramon Rd 770
Company LLC Dallas,TX 7522 Cathedral City,CA 92334
Eighteen Sac Self 2727 North Central Ave. 68075 Ramon Rd
680-190-031 Storage Corp Phoenix,AZ 85004 Cathedral City,CA 92234 226 4,588
(U-Haul facility)
677-420-023 Warrior Equities Golf 15 Mason#A 67603 30th Ave 12,895 40,245 1,264 12,390
(Cimarron Golf Resort) Irvine,CA 92618 Cathedral City,CA 92234
677-447-010 Henry and Gloria 106 Azzuro Dr. Vacant Land 365
Arroyo Palm Desert,CA 92211 Cathedral City,CA 92234
36085 Cathedral Canyon
677-447-011 Henry and Gloria Dr.Cathedral City,CA Vacant Land 341 29
Arroyo 92234 Cathedral City,CA 92234
678-210-012 Marwan Jizrawi 68010 Ramon Rd 68010 Ramon Rd
(Chevron) Cathedral City,CA 92234 Cathedral City,CA 92234 20 1.228
677 431-046 Ramon Road Investors 75178 Gerald Ford Dr.#B1 Unknown Address 74
(Lakeview Villas HOA) Palm Desert,CA 92211 Cathedral City,CA 92234
677-444-009 Jerry Dimberger Living 777 N.Arquilla Rd. 67431 Sarah St. 284
Trust (Appliance Store) Palm Springs,CA 92262 Cathedral City,CA 92234
677-444-014 Jerry Dimberger Living 777 N.Arquilla Rd. Vacant Land 365
Trust Palm Springs,CA 92262 Cathedral City,CA 92234
678-210-038 Cathedral Plaza JLO 3455 Valencia Ave. 68100 Ramon Road 781 3,180 1.307
San Bernardino,CA 92404 Cathedral City,CA 92234
Ramon Tower Business 68031-60851 Ramon Rd 68031-68051 Ramon Rd
680-190-036 Park Inc Cathedral City.CA 922343 Cathedral City,CA 92234 3,340 21,475
(Bowling Alley)
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