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Home My WebLink About25C - IMPROVEMENTS AT CABRILLO TENNIS CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 6, 2009 TITLE: REIMBURSEMENT AGREEMENT WITH SOUTHWEST PROPERTY INVESTMENT INC. FOR IMPROVEMENTS AT CABRILLO TENNIS CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1St Reading Ordinance on 2"d Reading Implementing Resolution Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute the attached reimbursement agreement with Southwest Property Investment, Inc. for improvements at Cabrillo Tennis Center, totaling $153,867.40, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 2, 2004, One Broadway Plaza, LLC entered into an agreement with the City of Santa Ana to relocate the Twist-Basler house at 1015 North Broadway to Cabrillo Tennis Center. The house reconstruction is near completion, but additional improvements are needed in and around the house. Southwest Property Investment Inc. is willing to perform this work under a reimbursement agreement. This process will save the City time and staff work in preparing plans/specifications, and advertising for construction. Southwest Property Investment, Inc. will prepare plans required for permits and implement the improvements for the following work: 1. Fine grade the area around the building 2. Install automatic irrigation system and time clock for the landscape area 3. Install area drainage around the building 4. Install new sod (30 ft) around the building 5. Install new trees and foundation shrubbery around the house 6. Install color plants in front of the house 7. Install concrete, wood deck, stairs and ADA access ramp to various entry ways of the house 8. Install new side walk from parking lot to southeast entryway and rebuild chain link fence at south entrance 25C-1 Reimbursement Agreement with Southwest Property Investment Inc. April 6, 2009 Page 2 9. Re-seal and re-stripe existing parking lot with new handicap parking space 10. Re-paint Butler Building to match Twist/Basler house 11. Paint the existing chain link fence and existing tennis court light poles on the three south courts to match the north courts 12. Remove the metal backdrop strips from the three courts, purchase and install new wind screens for the three south courts to match the north courts 13. Purchase and install data lines throughout the house 14. Relocate the tennis court lighting controls form the butler building to the Twist-Basler house 15. Coordinate all work with the city for city approval before reimbursement FISCAL IMPACT Fund are available in the Capital Outlay fund (account no. 51-250-6631. ~~ Gerardo Mouet Executive Dir for Parks, Recrea ion and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ~~,^ Executive Director ;~~~ Finance & Mgmt Services Agency 25C-2 REIMBURSEMENT AGREEMENT FOR REPAIR, MAINTENANCE AND IMPROVEMENTS TO THE TWIST BASLER HOUSE This Reimbursement Agreement is made and entered into this day of 2009, by and between the City of Santa Ana, a charter city and Municipal Corporation organized under the Constitution and laws of the State of California ("City") and Southwest Property Investment, Inc. (hereinafter referred to as "Southwest") located at 1103 North Broadway, Santa Ana, California 92701. Recitals: A. In 2004, the City of Santa Ana entered into a development agreement with One Broadway Plaza, LLC which, among other things, called for relocation of the Historic Twist Basler House formerly located at 1015 North Broadway to its current location at 800 North Cabrillo Park Drive within the Cabrillo Tennis Center. B. The Twist Basler House reconstruction is nearing completion but additional unforeseen repair, maintenance, and improvements are needed in and around the House. C. Southwest is willing to complete the repair, maintenance, and improvements on the exterior and interior of the House under this reimbursement agreement. The reconstruction of the exterior of the house called for in this agreement is not part of the original One Broadway Plaza, LLC Development Agreement. D. Continuing the repair, maintenance, and improvements of the house with Southwest through a reimbursement agreement will save the city time and staff work in preparing plans and specifications. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. PROJECT FUNDING, SCOPE AND REVIEW 1. For and in consideration of the sum not to exceed One Hundred Fifty Three Thousand, Eight-Hundred and Sixty Seven dollars and 40 cents ($153,867.40), and under the conditions expressed herein, Southwest hereby agrees to and shall do all the work necessary to complete in good workmanship and substantial manner the work described in paragraph 2 of this agreement and in compliance with City of Santa Ana standards and regulations. 2. Upon approval of this agreement by the City Council, Southwest will prepare plans and specifications required for obtaining permits and will take all necessary actions to complete the following improvements in connection with the restoration of the Twist Basler House: Page 1 of 5 25C-3 A. Fine grade the area around the building. B. Install automatic irrigation system and time clock for the landscape area. C. Install area drainage around the building. D. Install new sod (30 ft) around the building. E. Install new trees and foundation shrubbery around the house. F. Install color plants in front of the house. G. Install concrete, wood deck, stairs and ADA access ramp to various entry of the house. H. Install new side walk from parking lot to southeast entryway and rebuild chain link fence at south entrance. I. Re-seal and re-stripe existing parking lot with new handicap parking space. J. Re-paint Butler Building and roof to match Twist/Basler house. K. Paint the existing chain link fence and existing tennis court light poles on the three south courts to match the north courts. L. Remove the metal backdrop strips from the three courts, purchase and install new wind screens for the three south courts to match the north courts. M. Purchase and install data lines throughout the house. N. Relocate the tennis court lighting controls from the butler building to the Twist-Basler house. 0 . Coordinate all work with the city for city approval before reimbursement. 3. Southwest agrees to coordinate all work with the City for City approval before reimbursement. As a precondition for reimbursement, the parties agree that the City of Santa Ana will be given an accounting of how money is spent in furtherance of the project outlined in paragraph 2 of this reimbursement agreement. In addition the City of Santa Ana will be given a final accounting of all monies spent on the project outlined in paragraph 2. 4. Unless and until otherwise notified in writing by the City's Director of the Parks, Recreation and Community Services Agency, Gerardo Mouet (herein referred to as the "Authorized City Representative") shall be the person to whom Southwest will report for the performance of the work hereunder. It is understood that Southwest performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as the City's Director of the Parks, Recreation and Community Services Agency may designate from time to time, that Southwest shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Southwest Property Investment, Inc. shall be performed to the satisfaction of the Authorized City Representative or the City's Director of the Parks, Recreation and Community Services Agency. 5. A proposed schedule for the Project shall be provided by Southwest to the City before commencement of any work. Any modifications to the Schedule will be subject to approval by the Director of the Parks, Recreation and Community Services Agency. Page 2 of 5 25C-4 II. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. III. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either parry to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney If to Southwest: 1103 North Broadway Santa Ana, CA 92701 Attn: Project Manager A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set Page 3 of 5 25C-5 forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IV. JURISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which it may be entitled. V. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed that is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. VI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any member of the public provided services hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. "Southwest Property Investment, Inc." By: `~. Title: ~~ The "City" City of Santa Ana A Charter City By: Title: By: David N. Ream City Manager Page 4 of 5 25C-6 Attest: By: Patricia E. Healy Clerk of the Council Approved as to Form: By: Jose Sandoval Managing Senior Assistant City Attorney Page 5 of 5 25C-7 25C-8