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HomeMy WebLinkAboutBoeing Realty Corporation - 2001-08-28DEPARTMENTAL CHECKLIST FOR TRANSMITTING $20, 000 & UNDER AGREEMENTS TO THE CITY CLERK FOR OFFICIAL FILING Yep No NIA El El Are all blanks filled in on agreement? Has contractor signed agreement? Are all other signatures (e.g., City Attorney Approval As To Form) on agreement? Does agreement have Exhibits and/or Attachments? If Yes, El Are Exhibits/Attachments marked? El Are Exhibits/Attachments attached? Yes No NIA Is Insurance required? If Yes, i is Insurance attached? Is Insurance Approved As To Form by City Attorney If waived, is Settlement Committee approval attached? If waived, has agreement been initialed by contractor or revised to remove insurance requirement from text of agreement? Yes I No NIA EJ El If this agreement requires documentation to be on file regarding Requests for RFPs, have you attached this documentation (see Page 1 of agreement to determine if this requirement applies)? HBMC § 3.03 Please complete the section below so the City Clerk's Office can enter your agreement on the computer so that it is retrievable by keyword search: Sample: Description of Agreement (Purpose) (such as Perform Soil Analysis Waterfront HiltonIPCH/Atlanta) Termination date is required for Clerk's computer program to flag for microfilming/ destruction purposes. Termination Date: 7 7/ g1procedurelagreements/under $2e,00o-checwist CJ • REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BOEING REALTY CORPORATION FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 28th day of August , 2001, by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and Boeing Realty Corporation, a California corporation, hereinafter referred to as "Developer." WHEREAS, Developer is developing an area within the City of Huntington Beach; and Developer is required to submit to the City for approval various entitlements, zone changes, land use approvals and environmental assessments; and Developer desires that all entitlements, zone changes, land use approvals and environmental assessments to be processed as soon as possible; and Developer desires to have City commit sufficient resources to enable the expeditious processing of applications and other necessary documentation; and Pursuant to California Government Code Section 87103.6, Developer is allowed to defray the costs of processing development applications and entitlements by reimbursing the City for such costs, NOW, THEREFORE, in consideration of the promises and agreement hereinafter made and exchanged, the parties agree as follows: PAYMENT Developer agrees to reimburse City for its professional planning services in the estimated total amount of Nineteen Thousand Nine Hundred Dollars (S 19,900.00), which represents the estimated cost for professional planning services to prepare an Amended 01 agree-fteing ei r: b%27101 • • Environmental Impact Report for the Certified Final EIR #96-1 for McDonnell Center Business Park in the City of Huntington Beach, as follows: A. Developer shall deposit Nineteen Thousand Nine Hundred Dollars ($19,900.00) with the City within ten (10) days following adoption of this Agreement by the City Council. B. Developer acknowledges that the amount referenced in this Agreement is the City's best estimate of the costs for professional planning services described herein, and that the actual cost of said services may be higher. In the event that the actual cost of said services exceeds the estimated costs, Developer agrees to pay the actual cost within ten (10) days after receiving City's invoice for same. In the event the actual costs of the Reimbursement Services are less than the estimated costs, City will refund the difference between the actual and estimated costs. 2. STATEMENT OF WORK TO BE PERFORMED The amount reimbursed to the City pursuant to this Agreement will help defray the cost of professional planning services required to prepare an Amended Environmental Impact Report as set forth in Section 1 herein.. 3. EXCLUSIVE CONTROL BY CITY City will maintain exclusive control over the work described herein. Nothing in this Agreement: A. Shall be deemed to require City to approve any plan, proposal, suggestion, application or request submitted by Developer. B. Shall be deemed to limit, in any respect whatsoever, City's sole authority to direct and control the Planner assigned to Developer's various development projects. 0tagree.'boeingeirs612? Ot 2 0 • C. Shall be deemed to impose any liability on the City different from any liability as may otherwise be established by law. 4. TIME IS OF THE ESSENCE City and Developer agree that time is of the essence for the professional planning services to be funded pursuant to this Agreement. 5. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (10) days prior written notice to the other party. Developer shall be responsible for all costs incurred prior to termination, including any and all costs incurred after notice of termination has been given. 6. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Developer's agent (as designed herein) or to the City's Planning Director, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Sen-ices, addressed as follows: TO CITY: Director of Planning City of Huntington Beach 2000 Main Street, Box 190 Huntington Beach, CA 92648 7. TERM TO DEVELOPER: Gary Powley Boeing Realty Corporation 3760 Kilroy Airport Way, Suite 500 Long Beach, CA 90806 This Agreement shall be effective on the date of its adoption by the City Council of City. The Director of Planning may extend the duration of the Agreement as necessary, 01 agree;hoeing eW6126r01 3 • • without further consent of the City Council. This Agreement shall expire when terminated as provided herein. ENTIRETY This document sets forth the entire Agreement between the parties concerning the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BOE TG REALTY CORPO TION CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By' _ n h f 1 ITS: (circle one) Chairman/President/Vice President Al\ D By: C� � S print name ITS: (circle one) Secreta hief Financial Officer sst. Secretary - Treasurer O l agree:boeing eir1W26-01 4 City Admini APPROVED AS TO FORM: r City Attorney ,1, 0-o 1 I� ITIATED AND APPROVED: Director of Planning • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Ae� elt_5 On18,0001 , before me, Dc-Lor, _� . 'lCl t loirLtru pu bltc, ^Date Name and Title of Officer (e.g., "Jane Coe. otary Public") personally appeared �R1 Clef aj-d 5+-ep',, A J. ba(Itt4( Name(s) of Sign r(s) DAWN E. SHAVER U) COMM. # 1158725 X .� Notary Public - California ORANGE COUNTY fn L.My Comm. Expires Oct. 14, 2001 Place Notary Seat Above personally known to me W proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hWher/their authorized capacity(ies), and that by h4s/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: © Individual ❑ J Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .. (It 11ull, here 0 1997 National Notary Association . 9350 De Soto Ave.. P.O. Box 2A02 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827