HomeMy WebLinkAboutPLC - 1999-01-19 FECITY OF HUNTINGTON BEACH
2000 MAIN STREET w CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANTSNHTTAL OF ITEM APPROVED BY THE CITY COUNCILI
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: 04-25-00
TO: PLC ATTENTION: William D. Holman
Name
23 Corporate Plaza Suite 250 DEPARTviENT:
Street
_ Newport Beach, CA 22660 REGARDING: Amendment No. 1 to
City,State,Zip Reimbursement Agreement for
Professional Planning Services
See Attached Action Agenda Item �' Date of Approval 4-17-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement X Bonds Insurance
RCA Deed Other
CC: F-10 i' +N�+�N_b x
Name Department RCA Agreement Insurance Other
D- BW IV ?L As+fv1N b X
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
G:Fo11ou up1Lettcrs/cor•erl tr
('telephone:714-536.5227)
Council/Agency Meeting Held: 4-11--00
Deferred/ContinLied to:
Approved ❑ Conditionally Approved ❑ Denied rk' Signature
Counci eeting Date: April 17, 200D Department ID Number: PL00-07
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION =�
a ' -- _
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: HOWARD ZELEFSKY, Planning Director -
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT
AGREEMENT WITH PLC FOR PLANNING SERVICES FOR THE
PALM AND GOLDENWEST AREA
Statement of Issue, Funding Source, Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is Amendment No. 1 to the Reimbursement Agreement between
the City and PLC. The Amendment will offset additional costs of retaining a contract planner to
complete the development of the Conceptual Master Plan for the Palm and Goldenwest planning
area, and the review and processing of PLC's Specific Plan for a portion of that planning area. The
term of the Reimbursement Agreement is'January 1, 2000 through December 31, 2001, subject to
mutual agreement by City staff and PLC.
Funding Source:
Amendment No. 1 to the Reimbursement Agreement between the City and PLC allows the developer
to continue to help defray the costs of professional planning services incurred by the City for
Developer's project. Developer will deposit funds in the amount of Eleven Thousand Dollars
($a11,000.00) with the City within ten (10) days following adoption of this Agreement by the City
Council.
Recommended Action:
Motion to:
1. "Approve the Reimbursement Agreement as prepared by the City Attorney, subject to
mutual agreement by the City and PLC, and authorize the Mayor and City Clerk to sign."
&QUEST FOR COUNCIL ACAN
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: PLOO-07
2. "Approve the appropriation of additional funds in the amount of Eleven Thousand
Dollars ($11,000.00) for completion of the planning efforts for the Palm/Goldenwest
area."
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. "Deny the request for the Reimbursement Agreement between the City and PLC."
2. "Continue the item and direct Staff accordingly."
Analysis:
A. BACKGROUND
PLC submitted a specific plan for an area of approximately 54 acres at the southwest corner of Palm
and Goldenwest in 1998 for review and approval. The 54 acres are part of a larger 150 acre area
identified in the General Plan as Area 413. The General Plan requires that a Conceptual Master Plan
be prepared for the entire 150 acres while allowing for phased specific plans.
The original budget estimates for the Conceptual Master Plan were anticipated to cover all costs
associated with the planning services for the-Palm/Goldenwest area. However, additional expenses
have been incurred by the City related to the remediation entitlements for the area because of the
appeal and the significant number of meetings-and follow-up. In addition, more time was spent at the
Planning Commission study session level and in meetings with the Holly Seacliff Homeowners
Association.
B. STAFF ANALYSIS AND RECOMMENDATION:
The Planning Department has been utilizing contract services and temporary employees to augment
staff to complete the Conceptual Master Plan for the Palm/Goldenwest area. PLC, the project
proponent, has agreed to continue defraying the cost of a contract planner to expedite the processing
of its request and development of the Conceptual Master Plan by entering into Amendment No. 1 to
the Reimbursement Agreement in the amount of Eleven Thousand Dollars ($11,000.00). Staff
recommends the City Council approve Amendment No. 1 to the Reimbursement Agreement between
the City and PLC, and authorize the Mayor and the City Clerk to sign.
C. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, any request 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 appropriations being requested will be offset by related new revenues from the
Reimbursement Agreement Amendment between the City and PLC.
PLOO-07 -2- 416l00 10:20 AM
&QUEST FOR COUNCIL ACAN
MEETING DATE: April 17, 2000 DEPARTMENT ID NUMBER: PLOD-07
Environmental Status:
The agreement is categorically exempt from the California Environmental Quality Act pursuant to
Section 15300.1.
Attachment(s):
City Clerk's
Page Number
1. Amendment No. 1 to the Reimbursement Agreement Between the City
and PLC.
2. Fiscal Impact Statement
3. Original Reimbursement Agreement Between the City and PLC.
RCA Author: Duane R. Bankey
PL00-07 -3- 416100 10:20 AM
l
AMENDMENT NO. 1 TO THE
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF HUv'TINGTOI\ BEACH
AND
PLC
FOR PROFESSIONAL PLA'-\TtiING SERVICES
This Amendment is made and entered into this 17�, day of =i_1 2000, by and
between the City of Huntington Beach, a California municipal corporation, hrereinafter referred
to as "City," and PLC, a California general partnership, hereinafter referred to as "Developer."
WHEREAS, City and Developer are parties to that certain Agreement dated October 5,
1998, entitled "Reimbursement Agreement Between the City of Huntington Beach and PLC for
Professional Planning Services." which Agreement shall hereinafter be referred to as the
"Original Agreement"; and
Since the execution of the Original Agreement, City has incurred additional costs for
professional services in connection with Developer's project; and
Pursuant to the Original Agreement, Developer has agreed to reimburse the City for said
costs; and
City and Developer wish to amend the Original Agreement to reflect the additional costs
to be reimbursed to the City by Developer,
NOW, THEREFORE, it is agreed by City and Developer as follows:
1. ADDITIONAL REIMBURSEMENT
Within ten (10) days following adoption of this Amendment No. 1 by the City Council,
Developer shall pay the additional amount of Eleven Thousand Dollars ($11,000.00) which
represents the amended actual cost of the professional planning services required to process
Developer's Plam/Golden ;'est Project described in the original Agreement, including time and
materials to attend an unanticipated number of meetings and the additional time spent at the
Planning Commission study session level and in meetings with the Holly-Seacliff Homeowners
Association.
2. REAFFIRMATIO
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
IN WITLESS WHEREOF, the parties hereto have caused this Agreement to be executed
by its authorized officers on the date first above written.
1
4:`s:4-2000 Agree: Amend I PLC
RLS 00-022
2f9:'00
1
PLC, CITY OF HUNTINGTON BEACH, a
a California general partnership California municipal corporation
By: PLC Holdings
a California general partnership Mayor
general partner of PLC
ATTEST:
By: PACLACO, II`C.,
a California corporation, general
partner of PLC Holdings City Clerk
By APPROV D AS TO FORM:
(print name) �d��Attorney
Its (circle one) Chairman of the Board/ 11+eb y�q�L.�o
President/ Vice Preside' REVIEWED AND APPROVED:"
City A inistrator
- CNrtttiZci�Ht% �ta�s
{print name INITIATED AND APPROVED:
Its (circle one) ny Assistant
Secretary/chief Financial Officer;
Any Assistant Treasurer Director of Planning
SIGNATURES CONTINUED ON NEXT PAGE
2
4's:4-2000 Agree: Amend l PLC
RLS 00-022
2 9��00
pa'
isic
PLC LAND COMPANY
California All-Purpose Acknowledgement
State of CALIFORNIA I
I ss.
County of ORANGE }
On February 22, 2000 before me, Kissandra Scott,Notary Public, personally appeared
Graham Jones and Christopher C. Gibbs , personally known to me (of graved
to be the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
KISSANORA 5C017
I Commission# 1223699
Notary Public-Caiifomb
Omnge County
My Comm.Bpk%Jun 7.9D03
Kissandra-Scott,Notary Public
(7hi.,ureafty
Optional
Description of Attached Document
Title of Type of Document:
Palm & Goldenwest Reimbursement Agreement
Document Date: Feb. 17, 2000 Number of Pages:
Signer(s) Other Than Named Above:
l +I cnrr:Ki.etiu;iriru.:lnlun'fnr i11'01a.doe
By: TUHUNTINGTON BEACH LLC, a
Delaware limited liability company,
As a general partner
By: Lennar Land Partners II,
A Florida general partnership,
Its managing member
By: Lennar Homes of California, Inc.
A California corporation
Its Attorney-In-
By:
r
A
Name: C. La
'AN
(type or print)
Its (circle one) Chairman o /
President/A v Vice President
AN
By:
_ ftx 61—�
Name: IL cA-v_L C LCIS
k-&J
(type or print)
Its(circle one)Secreta IAnv As5isWnt Secretary/
Chief Financial Office.' ny
Assistant Treasurer
41s:4-2000 Auce:Amend ] PLC 3
RLS 00-022
2:9i00
California All-Purpose Acknowledgment
State of California }
} ss
County of Orange }
On March 2, 2000 before me, Dee Baker, Notary Public, personally appeared
_ Jonathan-M.-Jaffe-and Marc Chasman personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities and that by their signatures on
the instrument the persons or the entity upon behalf of which the persons acted, executed
the instrument.
Witness my ]land and official seal. r
i DEE BAKER
Comnrdoon#1 M6001
.� NotaryPubuc--CadHa:om!0
Orange County My Comm.Ep�lras AprApr 15�. ��
Dee Baker, Notary Public
Description of Attached Document
Title or Type of Document: Amendment No. 1 to the Reimbursement
Agreement Between The City of Huntington Beach & PLC Palm & Goldenwest
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
,f;�ac'�r-�3 axe' � ��R-'�7n- � ,�I�x. a��+!►.s:P -Alm,
3
_ - *�V v
0A, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-10 Approve Amendment No 1 to the
Reimbursement Agreement with PLC for Planning Services for the
Palm and Goldenwest Area
Date: January 5, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Amendment No 1 to the Reimbursement
Agreement with PLC for Planning Services for the Palm and
Goldenwest Area."
If the City Council approves this request (total appropriation
$11 ,000), there will be no effect on any of the City's fund balances
since the appropriation will be funded by advances from developers.
- XfL-
J hn Reekstin,
Director of Administrative Services
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND PLC FOR PROFESSIONAL PLANING SERVICES
This Agreement is made and entered into this 5th day of October 1998, by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to
as "City," and PLC, a California general partnership, hereinafter referred to as "Developer."
WHEREAS, Developer is developing certain properties in an area within the City of
Huntington Beach; and
Developer is required to submit to City for approval various entitlements, zone changes,
land use approvals and environmental assessments; and
Developer desires that all entitlements, land use approvals and environmental assessments
be processed 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:
I. PAYMENT
Developer agrees to reimburse the City for its professional planning services as
follows:
A. Professional planning services shall be billed at the rate of$75.00 per hour
for a contract planner.
4/s:98Agree:PLC-1098 1
RLS 98-539
10/30/98
B. City shall maintain a record'of hours spent by the contract planner on
activities directly related to PLC's developments in the Palm and Goldenwest area, not otherwise
covered by normal entitlement application, plan check or permit fees.
C. Unless specifically requested and authorized by PLC, total billable hours
under this Agreement shall not exceed 142 hours per calendar month.
D. PLC shall submit a$10,000 deposit for the project.
E. City shall prepare invoices on a monthly basis for the preceding one-month
period.
F. The amounts paid to City by Developer pursuant to this Agreement are non-
refundable. Payment to the City will be made by Developer within thirty(30) days from the
mailing by the City of an invoice detailing the services performed and the cost thereof.
2. STATEMENT OF WORK TO BE PERFORMED
The amounts reimbursed to the City pursuant to this agreement will help defray the
cost of the professional planning services required to process Developer's project, and include:
A. Attendance at meetings related to the Palm and Goldenwest project..
B. Review written reports and letters submitted by Developer.
C. Provide information and documentation.
D. Interpret and implement the zoning ordinances.
E. Coordinate all studies and staff reports and maintain records of time spent;
and
F. Monitor the progress of work to assure that projects are proceeding in proper
direction and on schedule.
41s:98A gree:P I.C-1098 2
Ri 5 98-539
10/30/98
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 the City to approve any plait, 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 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.
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 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:
4/s:98Agrcc:PLC-1098 3
RLS 98-539
10/30/98
To City: To Developer:
Mr. Howard Zelefsky William D. Holman
Director of Planning PLC
City of Huntington Beach 23 Corporate Plaza, Suite 250
2000 Main Street Newport Beach, CA 92660
Huntington Beach, CA 92648
7. TERM
The term of this Agreement shall be seventeen (17) months, beginning August 1,
1998 and expiring December 31, 1999, subject to the termination provisions of Section 5.
8. ENTIRETY
This document sets forth the entire Agreement between the parties concerning the
subject matter hereof.
Balance of page intentionally left blank.
4/s:98Agree:PLC-1098 4
RLS 98-539
1/5199
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.
PLC, CITY OF HUNTINGTON BEACH, a
a California general partnership C is munici al corporation
By: PLC Holdings
a California general partnership Mayor
general partner of PLC
ATTEST:
By: PACLACO, INC., .
a California corporation, general L
partner of P di gs City Clerk
B APPROVED AS TO FORM:
r �-
(print name) C' ttorne � ;
Its(circle one)Chairman of the Board/ .4'� ,f{
President/An ice resi e REVIEWED AND APPROVED: .
By b t6g, '�
PHEP—C.��, City Adm nistrator
(pri me) INITIATED AND APPROVED:
Its(circle on<c �einancial
Any Assistant
Secretary Officer;
Any Assistant Treasurer Z�L
4ctor of 4Mnu9ty De elopment
SIGNATURES CONTINUED ON NEXT
PAGE
4/s:98Agree:PLC-1098 5
RLS 98-539
10/30/98
By: T/L HUNTINGTON BEACH LLC, a
Delaware limited liability company,
general partner of PLC
By: BRAMALEA CALIFORNIA, LLC,
a California limited liability company,
Manager of T/L Huntington Beach
LLC
By: LENNAR HOMES OF
CALIFORNIA, PVC., a California
corporation, m g of
Bramalea LLC
By
(punt name)
Its(circle one)Chai n of the Board/
Pr � entlAny c Presid
B
Y
(print name)
Its(circle one)Secretary/An Assistant
5ecreta 1ef Financla
Any Assistant Treasurer
4/s:98Agree:PLC-1098 5
RLS 98.539
!0130/98
RCAlkOUTING AHEET
INITIATING DEPARTMENT: PLANNING DEPARTMENT
SUBJECT: APPROVE AMENDMENT-NP. 1 TO THE
iMBUSEME RNT AGREEMENT WITH PLC
FOR PLANNING SERVICES FOR THE
PALM AND GOLDENWEST AREA
COUNCIL MEETING DATE: Aril 17, 2000
RCA ATTACHMENTS ....... ::;::
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City A ttorneyj Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attome Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Attached
Bonds (If applicable) Not Applicable
Staff Report (if applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
..... .............
EXPLANATION: FOR MISSING ATTACHMENTS
. ...... . . .. ....
....... . . ........ .REVi WED :: ::: ::::::: ::::::::::::::::RETURNED : .. ..:. :F.:ORWARDED.
Administrative Staff ve-AWAN
Assistant City Adminis ator initial MORMINIP- I
City Administrator Initial {
Cit Clerk
.......
EXPL N Ti IN FOR RETURN-OFATEM::
r
(Below
1
01 , CITY OF HUNTINGTON BEACH
'i
2000MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSINUTTAL OF ITEM APPROVED BY THE CITY COL"NCIL/
REDEVELOPMENT AGENCY OF THE CITY OF I-ILrtiTINGTON BEACH
DATE:
TO: � ATTENTION:
Name
.ZQ) DEPARTMENT:
Street
REGARDING:
Cinv,state Zip
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Cope Of The Above Referenced Agenda Item.
Remnrls:
Connie Brockway. --
City Clerk
Attachments: Action Agenda Page Agreement ✓ Bonds Insurance
RCA Deed Other
CC: ✓ _�
Dame Dep mem FICA Aaeement Insurance Other
Name Department RCA Ac—cmenv [nsuraace Other
Name Department RCA A_-cment Insurance 0-.her
Nat Department RCA Aj temen; Insurance Other
Risk Nlana_ement De-,. Insurance
Received by Nance - Company Name - Date
G:FeI!a«up'co►•erlu
l TBlaphona:714-536•5227)
Council/Agency Meeting Held:
De rred/Continued to:
Approve ❑ ondi nally Approv d ❑ Denied 2PVTy Cit erk's Signature
Council Meeting Date: January 19, 1999 Department ID Number: CD 98-49
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION -
�_ 27
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator f:;CD �T;
yr a
PREPARED BY: HOWARD ZELEFSKY, Planning Director l r�
J �
SUBJECT: REIMBURSEMENT AGREEMENT WITH PLC FOR PLANNING
SERVICES FOR THE PALM AND GOLDENWEST AREA
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is a Reimbursement Agreement between the City and
PLC. The Reimbursement Agreement offsets the cost of retaining a contract planner to
develop the Conceptual Master Plan for the Palm and Goldenwest planning area and the
review and processing of PLC's Specific Plan for a portion of that planning area. The term of
the Reimbursement Agreement is August 1, 1998 through December 31, 1999, subject to
mutual agreement by City staff and PLC.
Funding Source: .
The Reimbursement Agreement with PLC will offset the cost of a contract planner and thus
will have no fiscal impact.
Recommended Action:
Motion to:
"Approve the Reimbursement Agreement, as prepared by the City Attorney, between the City
and PLC for the term of August 1, 1998 to December 31, 1999, subject to mutual agreement
by the City and PLC and authorize the Mayor and City Clerk to sign and appropriate $60,000
to cover the expected cost."
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue the Reimbursement Agreement and direct staff accordingly."
i �
REQUEST FOR COUNCIL ACTION
MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: CD 98-49
Analysis:
A. BACKGROUND
PLC submitted a specific plan for an approximate 54 acre area at the southwest corner of
Palm-and Goldenwest in 1998 for review and approval. The 54 acres are part of a larger
142 acre area identified in the General Plan as Area 413. The General Plan requires that a
Conceptual Master Plan be prepared for the entire 142 acres while allowing for phased
specific plans.
B. STAFF ANALYSIS AND RECOMMENDATION:
In the last year and a half there has been a substantial increase in planning and
development activity. This increase in activity is primarily due to the economy and the
proposals of many large development projects submitted or proposed within this activity
period such as the Palm and Goldenwest Specific Plan. The Planning Division has been
utilizing contract services and temporary employees to augment staff and satisfy the
increase in demand for planning functions.
PLC has agreed to enter into a reimbursement agreement by which the cost of a contract
planner 'is offset in order to coordinate and expedite the processing of their request and
development of the Conceptual Master Plan. The proposed agreement is on a per hour
basis, with an initial deposit of $10,000. The expected cost of all the work is $60,000. In
addition, PLC will pay regular application fees for requested entitlements. Staff recommends
the City Council approve the Reimbursement Agreement between the City and PLC.
Environmental Status:
The agreement is categorically exempt from the California Environmental Quality Act
pursuant to Section 15300.1.
Attachment(s):
City Clerk's
Page Number
1. Reimbursement Agreement
2. Fiscal Impact Statement 99-14
CD98-49 -2- 01/05/99 3:48 PM
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,.1�' ���� � � I �" III: •a - �� G
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND PLC FOR PROFESSIONAL PLANNING SERVICES
Table of Contents
Section Page
1 Payment 1
2 Statement of Work to be Performed 2
3 Exclusive Control by City 3
4 Time Is Of the Essence 3
5 Termination of Agreement 3
6 Notices 3
7 Term 4
8 Entirety 4
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND PLC FOR PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this 5th day of October 1998, by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to
as "City," and PLC, a California general partnership, hereinafter referred to as "Developer."
WHEREAS, Developer is developing certain properties in an area within the City of
Huntington Beach; and
Developer is required to submit to City for approval various entitlements, zone changes,
land use approvals and environmental assessments; and
Developer desires that all entitlements, land use approvals and environmental assessments
be processed soon as possible; and
Developer desires to have the City commit sufficient resources to enable the expeditious 1
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:
1. PAYMENT
Developer agrees to reimburse the City for its professional planning services as
follows:
A. Professional planning services shall be billed at the rate of$75.00 per hour
for a contract planner.
4/s:98Agree:PLC-1098 1
RLS 98-539
1Oi30198
1
B. City shall maintain a record of hours spent by the contract planner on
activities directly related to PLC's developments in the Palm and Goldenwest area, not otherwise
covered by normal entitlement application, plan check or permit fees.
C. Unless specifically requested and authorized by PLC, total billable hours
under this Agreement shall not exceed 142 hours per calendar month.
D. PLC shall submit a $10,000 deposit for the project.
E. City shall prepare invoices on a monthly basis for the preceding one-month
period.
F. The amounts paid to City by Developer pursuant to this Agreement are non-
refundable. Payment to the City will be made by Developer within thirty(30) days from the
mailing by the City of an invoice detailing the services performed and the cost thereof.
2. STATEMENT OF WORK TO BE PERFORMED
The amounts reimbursed to the City pursuant to this agreement will help defray the
cost of the professional planning services required to process Developer's project, and include:
A. Attendance at meetings related to the Palm and Goldenwest project..
B. Review written reports and letters submitted by Developer.
C. Provide information and documentation.
D. Interpret and implement the zoning ordinances.
E. Coordinate all studies and staff reports and maintain records of time spent;
and
F. Monitor the progress of work to assure that projects are proceeding in proper
direction and on schedule.
4/s:98Agree:PLC-1098 2
RLS 98-539
10/30/98
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 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 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.
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 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:
41s:98A8ree:PLC-1098 3
RLS 98-539
10.;30.'98
To City: To Developer.
Mr. Howard Zelefsky William D. Holman
Director of Planning PLC
City of Huntington Beach 23 Corporate Plaza, Suite 250
2000 Main Street Newport Beach, CA 92660
Huntington Beach, CA 92648
7. TERM
The term of this Agreement shall be seventeen (17) months, beginning August 1,
1998 and expiring December 31, 1999, subject to the termination provisions of Section 5.
8. ENTIRETY
This document sets forth the entire Agreement between the parties concerning the
subject matter hereof.
Balance of page intentionally left blank.
4AMAgree:PLC-1098 4
W 98-539
1/5l99
• 0
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.
PLC, CITY OF HUNTINGTON BEACH, a
a California general partnership C is munici al corporation
By: PLC Holdings
a California general partnership Mayor
general partner of PLC
ATTEST:
By: PACLACO, INC., L
a California corporation, general
partner of P di gs City Clerk
B APPROVED AS
A,S TO FORM:
fL.r
(print name) C' ttorne
Its(circle one) Chairman of the Board/
rresidendAn ice resr e REVIEWED AND APPROVED: ;
By 6 c$0-1
�fl�yTbPNE9—G 6(of,,'5 City Adm nistrator
(pe t me} INITIATED AND APPROVED:
Its(circle on ecreta Any Assistant
Secretary c le financial Officer;
Any Assistant Treasurer
Ero ctor of C u ty Def elopment
SIGNATURES CONTINUED ON NEXT
PAGE
41s:98Agree:P1-C-109R 5
RtS 98-539
10130I98
By: T/L H NTINGTON BEACH LLC, a
Delaware limited liability company,
general partner of PLC
By: BRAMALEA CALIFORNIA, LLC,
a California limited liability company,
Manager of T/L Huntington Beach
LLC
By: LENNAR HOMES OF
CALIFORNIA, C., a California
corporation, m g of
Bramalea 1' LLC
By
(print name)
Its(circle one)Chai n of the Board/
Pr enUAny, c Presid
B V
(print name)
Its(circle one)Secretary/An Assistant
Secrets ief Financia
Any Assistant Treasurer
4/s:98Agree:PLC-1098 6
RLS 98-539
f 0.30:'98
i MMi
vi
Im
•,, CITY OF HUNTINGTON BEACH
' INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 99-14 Reimbursement Agreement with PLC for Planning
Services for the Palm and Goldenwest Area
January 5, 1999
As required by Resolution 4832, a Fiscal Impact Statement has been
prepared for "Reimbursement Agreement with PLC for Planning
Services for the Palm and Goldenwest Area".
If the City Council approves this action (total appropriaton $60,000),
there will be no effect on the estimated undesignated General Fund
Balance at September 30, 1999 because the appropriations are
offset by additional revenue .
hn Reekstin,
Director of Administrative Services
r
0
RCA ROUTING SHEET
INITIATING PLANNING DEPARTMENT
DEPARTMENT:
SUBJECT: REIMBURSEMENT AGREEMENT WITH PLC
FOR PLANNING SERVICES FOR THE PALM
AND GOLDENWEST AREA
COUNCIL MEETING DATE: January 19, 1999
........ ...... ATTACHME
NTS: ; !VATU a
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to fonin by City Attom2y) Not Applicable
Certificates of Insurance LAaroved by the City Attomey) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (if applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
L Findings/Conditions for Approval and/or Denial Not Applicable
-miss EXPLAN TOR
ATION ING.�.
vl_ -ATTACHMENTS
_F ......OR R 8VI 15 EW RETURNED.
Administrative Staff
-Assistant City Administrator (Initial)
City Administrator (Initial)
City Clerk
'.EXPLANATION:;FOR::RETURKOF"ITEW
(Below Space For City Clerk's Use Only)