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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 1 55575.40001\32110241.1 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. 2 55575.40001\32110241.1 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 3 55575.40001\32110241.1 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 4 55575.40001\32110241.1 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. 5 55575.40001\32110241.1 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] 6 55575.40001\32110241.1 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 7 55575.40001\32110241.1 EXHIBIT"A" PROJECT (See attached Project Limits Exhibit) 8 55575.40001\32110241.1 r -' _ u CE a r L —_ r v- j:t.t M l f Isi i ..t a` r a4T . B 3 Ys!ayr se �� 4 f ,..'sem_ ;11_ oveMa►t P%Iffnrinm._f x. X a 0'14,i aV1:6.7 i lij w, 4d 'air Jay t. e ,1 g; •1 i—— ow a 8'iemf• ' a�w. n LAG 4{-. C ' ,(i.{ fn'j1Pi '�'^. ts-='i�'` _ .7. 'i+a, ,--: - r.3 f r\ x MFI: • o y a 1_ 1 R, LL1 .r,, c- R r�- S 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) 9 55575.40001\32110241.1