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Home My WebLink About20C - AA - AGMT SA BLVD PED IMPROVEMENTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2016 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT RECOGNIZING DEVELOPER CONTRIBUTION FUNDS FOR PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD {STRATEGIC PLAN NO. 1, 3B} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; ® As Recommended 0 As Amended 0 Ordinance on 1 ®' Reading E7 Ordinance on 2n0 Reading E Implementing Resolution E Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Depot at Santiago, L.P., for the installation of transportation- related infrastructure, in an amount not to exceed $400,000 for the term beginning upon execution of the contract and ending upon project completion, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to recognize Developer Contribution funds in the amount of $400,000 in the Select Street Construction Fund revenue account and appropriate the same to the Select Street Construction Fund expenditure account. DISCUSSION On April 21, 2015, City Council supported Orange Housing Development Corporation and C &C Development Corporation Co., LLC (Developers), in their submission of an Affordable Housing Sustainable Communities Program (AHSC) grant application for the Depot at Santiago Project (Project). The Project includes a transportation- related infrastructure component comprised of pedestrian crossing improvements at the intersections of Santa Ana Boulevard /Lacy Street and Santa Ana Boulevard /Garfield Street. These improvements include curb extensions or bulb -outs; high - visibility crosswalks; and rectangular, rapid flashing beacons. The Developers, now formed as Depot at Santiago, LP, were awarded AHSC funding for the Project by the State of California Department of Housing and Community Development. The grant budget allocates $400,000 for final design and construction of the transportation- related improvements, which will be completed by the City's Public Works Agency. The recommended agreement authorizes payment to the City for these public improvements (Exhibit 1). The City is required to complete the improvements prior to April 1, 2017. 20C -1 Agreement and Appropriation Adjustment for Pedestrian Improvements on Santa Ana Boulevard September 20, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will recognize Developer Contribution funds in the amount of $400,000 into the Select Street Construction Fund revenue account (No. 05917002 - 57080) and appropriate the same into the Select Street Construction Fund expenditure account (No. 05917660 - 66220) for expenditure in FY 2016 -2017. Public Works Agency FM /EWG /CW/TH APPROVED AS TO FUNDS AND ACCOUNTS: �,t, ti--N Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Agreement for the Payment of Public Improvements 20Ci -2 Exhibit 1 AGREEMENT FOR THE PAYMENT OF PUBLIC IMPROVEMENTS THIS AGREEMENT, made and entered into this day of 2016, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California ( "City ") and DEPOT AT SANTIAGO, L.P., a California limited partnership ("Developer"). RECITALS A. The Developer is developing affordable rental housing on property located at 923 N. Santiago Street and 914 N. Logan Street in the City of Santa Ana ( "Development "). B. As a condition to the Development, the Developer is required by the City to install certain public Improvements (`Improvements "). The City and the Developer wish the City to perform the installation of the Improvements on behalf of the Developer, at the Developer's sole cost and expense. WHEREFORE, in consideration of the foregoing, the parties hereby agree as follows: The City partnered with the Developer for an affordable housing grant. Part of the grant included installation of transportation - related infrastructure, including enhanced street crossings at Santa Ana Boulevard / Garfield Street and Santa Ana Boulevard / Lacy Street. The City will be finalizing the design for these Improvements and bidding the project out. The City shall require the contractor to complete the Improvements prior to April 1, 2017, and require delay penalties for failure to complete on time, 2. The estimated costs of the Improvements is $400,00.0.00. The Developer shall pay the sum of only $400,000.00 to the City. NOTICE All notices pertaining to this Agreement and all communications from the parties may be made by delivery and said notices or communications in person or through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: To Developer: Depot At Santiago, L.P. 14211 Yorba Street, Suite 200 Tustin, CA 92780 To City: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -21 P.O. Box 1988 Santa Ana, CA 92702 Attn: City Engineer Written notice is effective five days after mailing to the most current address provided by the parties. Failure by either party to notify the other of a change in mailing address shall not invalidate service by mail to the most current address provided by that party. Personal service of notice is effective upon delivery. 1076\49 \1939012.2 20C -3 4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be held invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. All duties and obligation of the parties created hereunder are to be performed in Orange County, which shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 6. To the maximum extent allowed by law, the City shall indemnify, defend, reimburse, save and hold harmless Developer from and against all liability, damage, loss, claims, demands, actions, costs and expenses (including but not limited to attorney's fees and disbursements) which arise out of or are connected with, or claimed to arise out of or be connected with, the City's construction of the Improvements, including, but not limited to, claims by third parties that the Improvements were constructed in such a way to result in harm to person or property. This Agreement may not be modified or amended except in writing signed by the Developer and City. Signatures on following page 1076 \49 \1939012.2 20C -4 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City 0 RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency 1076\49\1939012.2 CITY OF SANTA ANA: DAVID CAVAZOS City Manager DEVELOPER: DEPOT AT SANTIAGO, L.P., a California limited partnership By: OHDC LLC Depot LLC, a California limited liability company, its managing partner A] 20C -5 By: Orange Housing Development Corporation, a California nonprofit public benefit corporation, its sole member 0 Eunice Bobert Chief Executive Officer By: C &C Depot, LLC, a California limited liability company, its administrative general partner By: C & C Development Co., LLC, a California limited liability company, its sole member By: Todd R. Cottle its member By: Barry A. Cottle, Trustee of The Cottle Family Trust Dated 3/18/1987 its member 20C -6