HomeMy WebLinkAboutMAYER, ROBERT L TRUST - 1997-10-20LIE
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Council/Agency Meeting Held: idAd /97 6a°'3a
Deferred/Continued to:
l3�pproved 0 Conditionally Approved 0 Denied City Clerk Signature
Council Meeting Date: October 20, 1997 Department ID Number: CD9740
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
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HONORABLE MAYOR AND CITY COUNC L MEMBERS
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SUBMITTED BY:
MICHAEL T. UBERUAGA, City Administrat �`-�
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PREPARED BY:
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MELANIE S. FALLON, Community Developm t r
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LEaM.JONES II, Public Works Director
SUBJECT:
WATERFRONT DEVELOPMENT - PROFESSI NAL ERVICES
REIMBURSEMENT AGREEMENT
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Transmitted for City Council consideration is a 'Reimbursement
Agreement between the City and The Robert L. Mayer Trust of 1982, dated June 22, 1982,
as amended, which has been prepared by the City Attorney's Office for the Departments of
Community Development and Public Works. The Reimbursement Agreement will help
defray the costs of professional planning and engineering services for the City as part of the
Waterfront Development proposal. The terms of the Reimbursement Agreement include
depositing a total of $120,000 which represents costs for twelve months of professional
planning and engineering services. The one year term of the Agreement will be retroactive
to the date of application submittal (May 21, 1997) and commence for one year upon
approval by the City Council.
FLInding Source: The proposed Reimbursement Agreement between the City and the
Robert L. Mayer Trust of 1982, requires the developer to help defray the professional
planning and engineering services costs incurred by the City. The developer will transmit
$60,000 retroactive to May, 1997, to cover the first six months of entitlement processing.
1. "Approve the Reimbursement Agreement, as prepared by the City Attorney, between
the City and The Robert L. Mayer Trust of 1982, dated June 22, 1982 as amended, not
to exceed $120,000, for a term of one year."
2. "Accept the initial payment of $60,000 to
services retroactive to May, 1997, to
processing."
cover professional planning and engineering
cover the first six months of entitlement �--_
REQUEST FOR COUNCIL ACT64
MEETING DATE: October 20, 1997
DEPARTMENT ID NUMBER: CD97-40
Alternative Action(sl: The City Council may elect not to approve the Reimbursement
Agreement between the City and The Robert L. Mayer Trust. If so, the developer will not
help defray the cost of professional planning and engineering services from the Departments
of Community Development and Public Works. As a consequence, the development request
by The Robert L. Mayer Trust will be processed in line with regular development requests
which may result in not meeting entitlement deadlines.
Ana1y-sia: The City and The Robert L. Mayer Trust recognize the costs associated with
professional planning and engineering services assigned to the various development
projects. In order to assist the development community and process the number of large,
complex projects, it is necessary for the City to hire contract staff planners and engineers to
analyze respective projects. The City and The Robert L. Mayer Trust have agreed to enter
into a Reimbursement Agreement to help defray these costs.
This is the third (Home Depot & Shea Homes) of many possible reimbursement agreements
that will be requested by staff and the development community. It is anticipated that other
developers will also desire to participate in this process as it will give them greater assurance
of timely entitlement processing in Huntington Beach.
Environmental Status: Categorically Exempt from the California Environmental Quality Act
pursuant to Class 1, Section 15301.
1. Reimbursement Agreement between the City of Huntington Beach and
the Robert L. Mayer Trust of 1982 dated .tune 22, 1982 as amended
2. 1 Robert L. Mayer Trust Certificate
RCA Author. H. Fauland
CD97-40.DOC .2- 09125/97 8:09 AM
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ATTACHMENT 1
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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE ROBERT L. MAYER TRUST OF 1982
DATED JUNE 22, 1982 AS AMENDED
FOR PROFESSIONAL PLANNING AND ENGINEERING SERVICES
Table of Contents
Section
Page
I Payment
1
2 Statement of Work to be Performed
2
3 Exclusive Control by City
2
4 Time Is Of the Essence
3
5 Termination of Agreement
3
b Notices
3
7 Term
4
8 Entirety
5
g*97agne:mayercor
RLS 97A26
OR
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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACII
AND THE ROBERT L. MAYER TRUST OF 1982
DATED JUNE 22,1982 AS AMENDED
FOR PROFESSIONAL PLANNING AND ENGINEERING SERVICES
This Agreement is made and entered into this �Q'h day of &b 1997, by and
between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "City," and The Robert L. Mayer Trust of 1982 dated June 22,1982 as
amended, 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 be processed as soon as possible; and
Developer desires to have the 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 cost of processing development applications and entitlements by reimbursing the City for such
costs,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged, the parties agree as follows:
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Developer agrees to reimburse the City for its professional planning and engineering
services in the total amount of One Hundred Twenty Thousand Dollars ($ l 20,000.00), which
gAl7agme.mayercor
RLS 97-426
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represents the estimated cost for twelve months of professional planning and engineering services,
as follows:
A. Developer shall pay Sixty Thousand Dollars ($60,000.00) to City within ten
(10) days following the adoption of this Agreement by the City Council.
B. Developer shall pay the remaining Sixty Thousand Dollars ($60,000.00) to
City in two equal payments of Thirty Thousand Dollars ($30,000.00) on or before January 1, 1998
and April 1, 1998.
C. Approximately Sixty Thousand Dollars ($60,000.00) will be allocated by
City to planning services, and Sixty Thousand Dollars ($60,000.00) will be allocated to engineering
services. Developer acknowledges that the amounts referenced in this Agreement are City's best
estimate of the cost for the Reimbursement Services described herein, and that the actual cost of
said services may be higher. In the event that the actual cost of the Reimbursement 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 that the actual cost of the Reimbursement Services
are less than the estimated costs, City will refund the difference between the actual and estimated
costs.
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The amounts reimbursed to the City pursuant to this agreement will help defray the
cost of the professional planning and engineering services required to process Developer's project.
City will maintain exclusive control over the work described herein. Nothing in this
Agreement:
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g:4:97agrec;mayercor
ILLS 97-426
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A. Shall be deemed to require the 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 and engineer assigned to the Developer's various development
projects.
C. Shall be deemed to impose any liability on the City different from any
liability as may otherwise be established by law.
City and Developer agree that time is of the essence for the professional planning
services to be funded pursuant to this Agreement.
Either party may terminate this Agreement at any time with or Mthout 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.
d. ]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 designated herein) or
to City's Director of Community Development, 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
Services, addressed as follows:
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g*97agree:mayercor
R[S 97426
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To City:
Ms. Melanie Fallon
Director of Community Development
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
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To Developer:
The Robert Mayer L. Mayer Trust
This Agreement shall be effective on the date of its adoption by the City Council of
City. This Agreement shall expire on June 30, 1998.
Balance of page intentionally left blank.
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g*97agrce:mayercor
RLS 97426
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This document sets forth the entire Agreement between the parties concerning the
subject matter hereof.
IN WITNESS WFIEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers the day, month and year first above written.
THE ROBERT L. MAYER TRUST OF 1982, CITY OF HUNTINGTON BEACH,
dated June 22, 1982 as amended a municipal corporation of the
State of California
By: 44t��--Oyvx-'
Trustee
ATTEST:
%City Clerk /o�q/Q7
REVIEWED AND APPROVED:
if`y Administrator
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g-4:97agrec mayercor
RLS 97426
APPROVED AS TO FORM:
2&;A4ZZ:�a -.' —
�ty torney
II4ITIATED�ANRO�ED:
Director of Commu ' y Development
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ATTACHMENT,2:.
IN
RE: The Robert L. Mayer Trust of 1982
dated June 22, 1982, as amended
TO WHOM IT MAY CONCERN:
The undersigned, Trustee of The Robert L. Mayer Trust of 1982,
dated June 22, 1982 as amended, (hereinafter "Trust Agreement")
certifies to you that:
1. The above Trust Agreement is in full force and effect.
2. The name of the Trustee now acting under the Trust Agreement
(and who is the only Trustee qualified to act) is:
Robert L. Mayer
3. The attached is an excerpted copy of the original trust
document together with excerpted copies of all amendments
and/or supplements, consisting of:
The Robert L. Mayer Trust of 1982, dated June 22, 1982.
First Amendment to The Robert L. Mayer Trust of 1982,
dated October 6, 1983.
Second Amendment to The Robert L. Mayer Trust of 1982,
dated June 25, 1985.
Third Amendment to The Robert L. Mayer Trust of 1982,
dated February 7, 1990.
Fourth Amendment to The Robert L. Mayer Trust of 1982,
dated August 25, 1995. I
Fifth Amendment to The Robert L..Mayer:Trust of 1982,
dated July 29, 1996.
4. The above referenced original
have not been further amended,
revoked.
,f
trust document and amendments
modified, supplemented or
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5. As stated on the Trusteeship Certifications attached to the
original trust document and the a:Wzv!ments thereof, certain
pages and certain portions of pages of the original trust
do=rent and mwxdrents have been omitted. The omitted pages
and cmitted portions of pages deal exclusively with distribution
of the trust and do not contain any limitations on the powers
of the Trustee. Any third party, including any bank, savings
and loan, stock or bond broker or transfer agent, insurance
canpeany, general contractor or any other person or firm dealing
with the Trustee may rely on the attached Trust Agreement and
shall incur no liability for any action taken in reliance
thereon.
Robert L. Mayer
Trustee
Subscribed and sworn to before me this a�na day of - A , 19 96.
Notary Public in and for County
of Orange, State of California
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NOTARYPUMr&ORMce,
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Cmm Ea Api. It 1997 -�
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�, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
CITY CLERK IXTTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCILIREDEVELOPNIENT AGENCY APPROVED ITEM
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See. Attached Action Agenda Item Date of Approval _ // �.2a �9 7_
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
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Connie Brockway
City Clcrk
Attachments: Action Agenda Page —/— Agreement Bonds Insurance _
RCA Deed Other Zia l_'F�T«'ins9,n
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(Tele phony: 7 t 4-536.5227)
(8) U 10120197 - Counciiriency Agenda - Page 8
E-10. (Cily Council) Approve The Professional Services Contract With Mark Briggs &
Associates inc. To Prepare Two Section 108 Applications - Department Of Housing
And Urban Development (CDBG) - Approve Insurance Waiver - (600.10) Approve
and authorize execution by the Mayor and City Clerk of the Professional Services
Contract between the City of Huntington Beach and Mark Briggs and Associates, Inc.
to Prepare Section 108 Loan Applications which incorporates a waiver of professional
liability insurance requirements for the preparation of two Section 108 loan applications
for an amount not to exceed $15,000 Submitted by the Economic Development
Director (Projects must meet one of the CDBG national objectives, 1. Assist low
income persons; 2. Eliminate blight, and/or 3. meet a particular urgent community
development need.)
[Approved -- 7-0]
E-11. (City Council) Waterfront Development - Professional Planning And Engineering
Services Reimbursement Agreement Between The City And Robert L. Mayer Trust
Of 1982 As Amended - (600.30) 1. Approve and authorize execution by the Mayor
and City Clerk of the Reimbursement Agreement for Professional Planning and
Engineering Services between the City and The Robert L. Mayer Trust of 1982 and
Dated June 22, 1982 as Amended, as prepared by the City Attomey, not to exceed
$120,000, for a term of one year, and 2. Accept the initial payment of $60,000 to cover
professional planning and engineering services retroactive to May, 1997, to cover the
first six months of the entitlement processing. Submitted by the Community
Development Director and the Public Works Director
[Approved -- 7-0]
E-12. (City Council) Approval Of Employment Agreement Between The Citv And Ramon
R. Silver To Serve As The Acting City Administrator Of Huntington Beach_(600.'10)
- Approve the Employment Agreement between the City of Huntington Beach and
Ramon R. Silverto serve as the Acting City Administrator until a permanent
appointment is made. Submitted by the City Administrator
[Approved -- 7-01
E-13. (City Council) Appointment Of Student Representatives To The Huntington Beach
Human Relations Task Force Committee - Kris Georgeson - Jens Huang -
Meyer Rank - Ryan Metro - Duc T. Dan - Alicia Lanz - Jessica Antonucciio & -
Tom Church - (110.20) Appoint the following Student Representatives to serve on the
Huntington Beach Human Relations Task Force Committee for a period of one year
beginning September 1, 1997 and extending to August 31, 1998. Kris Georgeson,
(Edison); Jenny Huang, (Fountain Valley); Megan Rank, (Huntington Beach); Ryan
Menlo, (Marina); Duc T. Dang, (Oceanview); Alicia Lanz, (Westminster); Jessica
Antonucciio, (Golden West College); and Tom Church, (Valley Vista High School).
Submitted by the Deputy City Administrator -Public Information Officer
[Approved -- 7-01 � ^T
E-14. (City Council) Appoint Acting City Administrator To Metro Cities Fire Authority Board
Effective November 1. 1997 - (600.40) Appoint Ray Silver, Acting City Administrator, as
Huntington Beach's Metro Cities Fire Authority Board Member replacing Michael T.
Uberuaga, effective November 1, 1997. Submitted by Fire Chief
[approved -- 7-0]
(8)