HomeMy WebLinkAboutFOUNTAIN GLEN PROPERTIES, LLC - 2002-10-21CITY OF HUNTINGTON BEACH
2000 MAIN STREET --CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: �cTd
TO: Fo1,,f4i,17 G/Fh fDeo,-;,,ho_s GLc ATTENTION:
Name
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Street
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City, State, Zi
See Attached Action Agenda Item Date of Approval io i o Z
Enclosed For Your Records.Is: An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page
Agreement
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Insurance
RCA
Deed
Other
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Name
Departmg t
RCA Agreement
Insurance Other
Name
Department
RCA Agreement
Insurance Other
Name Department RCA Agreement Insurance
Name
Name
Department
Department
RCA Agreement Insurance
RCA Insurance
(Telephone: 714-5 36-5227 )
Council/Agency Meeting Held: 16
Deferred/Continued to:
%pproved O Conditionally Approved O Denied
Council Meeting Date: October 21, 2002
City Clerk's Sianatul�f
Department ID Number: BD2002-8
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTIONCD
a
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY:
RAY SILVER, City Administrator RAI
PREPARED BY:
Ross Cranmer, Building & Safety Director
SUBJECT:
APPROVE REIMBURSEMENT AGREEMENT WITH FOUNTAIN=�
GLEN PROPERTIES, LLC FOR PROFESSIONAL INSPECTION
SERVICES IN CONNECTION WITH THE FOUNTAIN AT SEACLIFF
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Transmitted for City Council's consideration is a Reimbursement
Agreement between the City and Fountain Glen Properties, LLC. The agreement will offset
the cost of providing full time inspection services for six (6) months at the Fountain's
Apartment project at Seacliff.
Funding Source: General Fund unappropriated fund balance. An equal amount of revenue
will be deposited into the General Fund; therefore, the net effect to the fund balance would
be zero.
Recommended Action: Motion to:
1. "Approve the Reimbursement Agreement for inspection staff services as prepared by
the City Attorney, between the City and Fountain Glen Properties, LLC and authorize
the Mayor and City Clerk to sign."
2. "Appropriate thirty-five thousand dollars ($35,000) from the General Fund Balance into
the Building & Safety operating account for contract services (10055201.69365) in
connection with the Reimbursement Agreement between the City and Fountain Glen
Properties, LLC to be utilized by the Department of Building & Safety for full time
inspection services."
RE1UEST FOR COUNCIL ACTIOR
MEETING DATE: October 21, 2002
DEPARTMENT ID NUMBER: BD2002-8
Alternative Action(s): The City Council may elect not to approve the Reimbursement
Agreement between the City and Fountain Glen Properties, LLC. As a consequence, the
City will not be able to provide the proposed expanded services in order. to meet the
developer's construction schedule.
Analysis: Fountain Glen Properties, LLC has started the construction of the Fountain's
Apartment project. In order to help expedite the project, the developer has requested that
the Building and Safety Department commit sufficient resources to provide expanded
inspection services. The expanded services would provide a full time Building Inspector
assigned to the project for up to six (6) months.
In order to provide for the expanded inspection services, it will be necessary for the City to
hire a contract inspector. To pay for this service, Fountain Glen Properties, LLC has agreed
to enter into a $35,000 Reimbursement Agreement with the City in order to finance the
delivery of expanded inspection services. Fountain Glen Properties, LLC has agreed to
deposit, within ten (10) days following adoption of this agreement by the City Council, funds
in the amount of Thirty -Five Thousand Dollars ($35,000). Upon deposit of. said funds into the
City's General Fund, the funds will be appropriated to the Building & Safety Department's
operating account number 10055201.69365.
Staff recommends the City Council approve the Reimbursement Agreement and the
appropriation of funds to the Building and Safety Department to finance the expanded
services.
COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, all requests for appropriation of funds must
meet one of the following criteria; 1) the request is for an unanticipated emergency, 2) the
request is required to implement labor negotiations, or 3) the request will be offset by related
new revenues.
The new appropriation being requested will be offset by related new revenues from the
Reimbursement Agreement between the City and Fountain Glen Properties, LLC.
Environmental Status: N/A
Attachment(s):
RCA Author: Richards
BD2002-8 Reimb. Agreemt. Fountain Glen -2- 10/9/20021:37 PM
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ATTACHMENT'l
REIMBURSEMENT AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND FOUNTAIN GLEN PROPERTIES, LLC
FOR COSTS INCURRED FOR PROFESSIONAL INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this al S� day of
D C74,)4j- 2002, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and FOUNTAIN GLEN
PROPERTIES, LLC, a California limited liability company, hereinafter referred to as
"DEVELOPER."
WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington
Beach known as The Fountains; and
DEVELOPER is required to submit applications to CITY for inspection approval; and
DEVELOPER desires to have CITY commit sufficient resources to expand the delivery of
inspection services above and beyond the normal services provided by CITY for its normal
inspection fees.
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged, the parties agree as follows:
1. PAYMENT
follows:
DEVELOPER agrees to reimburse CITY for its expanded inspection services as
A. DEVELOPER will pay to CITY the amount of Thirty -Five Thousand
Dollars ($35,000.00) within ten (10) days following the approval of this Agreement by
CITY. DEVELOPER acknowledges that the amount referenced in this Agreement is the
CITY's best estimate of the costs for the 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
02agree/fountain glen/10/9/02 I
estimated costs, DEVELOPER may authorize additional fees or the inspection services will
return to the standard call in. In the event the actual costs of said services are less than the
estimated costs, CITY will refund the difference between the actual and estimated costs.
2. STATEMENT OF INTENT AND WORK TO BE PERFORMED
The amounts reimbursed to CITY pursuant to this Agreement will help defray
CITY's cost of the expanded professional inspection services required for DEVELOPER's project.
CITY agrees to provide a full time on -site inspector for a continuous period of six (6) months. Such
full time inspector shall be qualified to provide multi -disciplinary inspection services associated
with the DEVELOPER's project including Building, Mechanical, Electrical and Plumbing
inspections. In the event such inspector is not qualified to provide some of the services, CITY may
in its sole discretion, provide an additional qualified inspector to assist the full time inspector in a
timely manner on an "as needed" basis.
3. EXCLUSIVE CONTROL BY CITY
CITY will maintain exclusive control over the work described herein. Nothing in
this Agreement:
A. Shall be deemed to limit, in any respect whatsoever, CITY's sole authority to
direct and control the inspector assigned to DEVELOPER's project.
B. Shall be deemed to impose any liability on CITY different from any liability
as may otherwise be established by law.
4. CITY EMPLOYEES AND OFFICIALS
DEVELOPER shall employ no CITY official nor any regular CITY employee in the
work performed pursuant to this Agreement. No officer or employee of CITY shall have any direct
financial interest in this Agreement.
02agree/fountain glen/10/9/02 2
5. TIME IS OF THE ESSENCE
CITY and DEVELOPER agree that time is of the essence for the work to be
performed pursuant to this Agreement.
6. 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.
7. TERM
This Agreement -shall be effective on the date of its approval by the City Council of
CITY: This Agreement shall expire when terminated as provided herein.
8. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to DEVELOPER or to CITY 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
Service, to the addresses specified below; provided that CITY and DEVELOPER, by notice given
hereunder, may designate different addresses to which subsequent notices, certificates or other
communications will be sent:
TO CITY:
City of Huntington Beach
ATTN: Director of Building & Safety
2000 Main Street
Huntington Beach, CA 92648
TO DEVELOPER:
Fountain Glen Properties, LLC
4220 Von Karman Avenue; 2nd Floor
Newport Beach, CA 92660
02agree/fountain glen/10/9/02 3
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9. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
10. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or. describe, or construe the intent of the
parties or affect the construction. or interpretation of any provision of this Agreement.
11. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this . Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall. be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then ' the latter shall prevail; and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
02agree/fountain glen/10/9/02 4
12. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery,.be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
13. IMMIGRATION
DEVELOPER shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
14. LEGAL SERVICES SUBCONTRACTING PROHIBITED
DEVELOPER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder.. DEVELOPER understands that pursuant to Huntington
Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and
CITY shall not be liable for payment of any legal services expenses incurred by DEVELOPER.
15. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees.
16. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
02agree/fountain glen/10/9/02 5
17. ENTIRETY
This Agreement, and the attached exhibits, contains the entire agreement between the
parties respecting the subject matter of this Agreement and supercedes all prior understanding and
agreements whether oral or in writing between the parties respecting the subject matter hereof. -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
FOUNTAIN GLEN PROPERTIES, LLC, a
Limited Liability Company
print name
ITS: (circle one Chairman/Presiden ice President
AND
By: _
/ E
print name
ITS: (circle one Secretar hief Financial Officer sst.
Secretary — Treasurer
REVIEWED AND APPROVED:
City A ministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
APPROVED AS TO FORM:
, it pity Attorney
/a
INITIATED AND APPROVED:
Director of Building & Safety
r0 - 9-oz
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ATTACHMENT 2
i, CITY.OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2003-01 Approve a Reimbursement Agreement with
Fountain Glen Properties LLC for Professional Inspection
Services in Connection with the Fountain at Seacliff
Date: October 9, 2002
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve a Reimbursement Agreement with
Fountain Glen Properties LLC for Professional Inspection Services in
Connection with the Fountain at Seacliff'.
If the City Council approves this request (total appropriation $35,000),
there will be no effect on any unappropriated, undesignated fund
balance since the new appropriation is funded by a reimbursement
agreement.
Clay Marti
Director6f Administrative Services