HomeMy WebLinkAboutPOSEIDON RESOURCES CORPORATION - 2001-03-19 J. CITY OF HUN TINGTON BEACH
`V CALIFORNIA 92648
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
I.ET'C .It OF'CRANSIIITTAL OF ITFM APPROVED BY` HE, CITY COUNCIL/
REDEVEE.,OPNIENT AGENCY OF THE.CITY 01{HUNTINGTO=N BEACH
DATE:
'I'O: _ [�G/J [ C)&1 ATTENTION: QIE 'L A}LG",
Na rm
j A L- o Ulmr. r,��4�1 _ DEPARTMENT:
Street
REGARDING: --_ --
City,slats:,2!;I.
Set Attached Action Agenda Item— Date of Approval���7 D�
Enclosed For your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
City Clerk
Attach"Ients: Action. Agenda Page Agreement _✓ Bonds Insurince _
RCA Deed Other
Le
Department RCA Aorecrnera Insurance Oche-
Ao
N;+17e- --.�1—-- Department --- RCA Agiecmert Insurance 011•,e:
Nanne Depart-orient RC:1— Agrrcar:e insurance cl!-,cr
Ka-,v t Department RCA Agreement Itisuranee Other
tiztre —T - Department RCA I:imance
II:Ifnllowu prlc,lers'a rverl lr.Eor,
f Telephonw.714-536.5227)
(13) • August 2, 2004 -Cocli/Agency Agenda - Page 13
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the
minutes of the City Council/Redevelopment Agency Regular Meetings of June 7, 2004
as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
Mayor Green requested amending the Public Comment made by Mr. Bill Borden
during the Study Session.
Approved and Adopted 4-0 (Houchen, Hardy, Coerper absent)
E-2. (City Council) Adopt Resolution No. 2004-59 Accepting a Federal Grant Award for
Development of a Hazard Mitigation Plan (340.70)—Adopt Resolution No. 2004-59
— "A Resolution of the City Council of the City of Huntington Beach Accepting a Federal
Grant Award to Develop a Hazard Mitigation Plan." Submitted by the Fire Chief.
Funding Source: The FEMA (Federal Emergency Management Agency) grant award is
for$135,000 and the 25% matching requirement will be satisfied by in-kind work which is
contained in the existing Emergency Operations Center budget. No additional
appropriations are required.
Adopted 4-0 (Houchen, Hardy, Coerper absent)
E-3. (City Council) Approve Professlonal Services„Contract between the City and RBF
Consulting and Two Reimbursement--Planning Agreements between the City and
Poseidon Resources Corporation for the Preparation of Recirculated
Environmental Impact Report No. 00-02 for the Poseidon Desalination Project—
Authorize Appropriation of Funds (600.10)— 1. Approve and authorize the Mayor
and City Clerk to execute the Professional Services Contract between the City of
Huntington Beach and RBF Consulting for Preparation of a Recirculated Environmental
Impact Report for the Poseidon Desalination Project— EIR No. 00-02 in the amount of
$136,865; and 2. Approve and authorize the Mayor and City Clerk to execute the
Reimbursement— Planning—Agreement between the City of Huntington Beach and
Poseidon Resources Corporation for Costs Incurred for Preparation of a Recirculated
Environmental Impact Report for the Poseidon Desalination Project and for entitlement
processing; and 3. Authorize the Director of Administrative Services to appropriate
$136,865 from the City's General Fund Balance to the Planning Department's
Contractual Services Account Number 10060201.69365; and 4. Authorize the
Director of Planning to expend $136,865 for environmental consulting services related to
Environmental Impact Report No. 00-02, pursuant to the contract with RBF Consulting.
Submitted by the Planning Director. Funding Source: Appropriation of funds in the
amount of$136,865 from the City's General Fund Unappropriated Balances into the
Planning Department's Contractual Services Account. Poseidon Resources
Corporation will then reimburse the City $136,865 pursuant to the attached
Reimbursement Agreement.
Approved 4-0 (Houchen, Hardy, Coerper absent)
1
4.
Council/Agency Meeting Held: o lSL�`9bar7
Deferred/Continued to:
1�1,Approved ❑ Conditionally Approved ❑ Denied City I rk's ignat
Council Meeting Date: August 2, 2004 Department I Number: PL04-14
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION o c
SUBMITTED TO: HONORABLE MAYOR AND C TY COUNCIL-MEMBERS c r_
r r':
SUBMITTED BY: PENELOPE CU RETH- RAFT, City Ad miniPrator
3
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
w
SUBJECT: APPROVE TWO REIMBURSEMENT AGREEMENTS WITW
POSEIDON RESOURCES CORPORATION AND A PROFESSIONAL
SERVICES CONTRACT WITH RBF CONSULTING FOR THE
PREPARATION OF RECIRCULATED ENVIRONMENTAL IMPACT
REPORT NO. 00-02 FOR THE POSEIDON PROJECT
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 request to enter into three agreements. The
first agreement is a Professional Services Contract in the amount of $136,865 with RBF
Consulting for the preparation of recirculated Environmental Impact Report (EIR) No. 00-02
for the Poseidon Seawater Desalination Plant. The other two are Reimbursement
Agreements with Poseidon Resources Corporation for $136,865 to cover the full cost of the
preparation of the recirculated EIR and another $75,000 to cover the cost of additional
entitlement processing for the project.
Funding Source:
Appropriation of funds in the amount of $136,865 from the City's General Fund
Unappropriated Fund Balances into the Planning Department's Contractual Services
Account Number 10060201.69366. Poseidon Resources Corporation will then reimburse
the City $136,865 pursuant to the attached Reimbursement Agreement.
_ 3
0 REQUEST FOR ACTION •
MEETING DATE: August 2, 2004 DEPARTMENT ID NUMBER: PL04-14
Recommended Action:
Motion to:
1. "Approve and Authorize the Mayor and City Clerk to execute the Professional Services
Contract with RBF Consulting in the amount of$136,865 for the preparation of
recirculated Environmental Impact Report (EIR) No. 00-02 for the Poseidon Seawater
Desalination Plant; and
2. Approve and authorize the Mayor and City Clerk to execute the Reimbursement
Agreements with Poseidon Resources Corporation for the preparation of the recirculated
EIR and entitlement processing; and
3. Authorize the Director of Administrative Services to appropriate $136,865 from the City's
General Fund Balance to the Planning Department's Contractual Services Account
number 10060201.69365; and
4. Authorize the Director of Planning to expend $136,865 for environmental consulting
services related to Environmental Impact Report No. 00-02, pursuant to the Contract with
RBF Consulting."
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. "Deny the Professional Services Contract with RBF Consulting and the Reimbursement
Agreements with Poseidon Resources Corporation."
2. "Continue the item and direct staff accordingly."
Background:
Poseidon Resources Corporation submitted applications for the construction of a
desalination plant on an 11-acre lease area at the AES generating station. In 2001 the City
Council approved a Professional Services Contract with RBF Consulting for the preparation
of an EIR for the proposed desalination plant. A Reimbursement Agreement with Poseidon
Resources Corporation was also approved to pay for the cost of the contract with RBF
Consulting.
In December 2003 the City Council denied the certification of the EIR. As a result the City
will be preparing a recirculated EIR. Because of necessary additional work beyond the
scope of the original contract, another Professional Services Contract with RBF Consulting is
proposed for City Council approval. Additionally, corresponding Reimbursement
Agreements with Poseidon Resources Corporation for the preparation of a recirculated EIR
as well as additional entitlement processing are necessary. The agreements will reimburse
PL04-14 Poseidon cunt .2. 7/9/2004 9:48 AM
• REQUEST FOR ACTION
MEETING DATE: August 2, 2004 DEPARTMENT ID NUMBER: PL04-14
the City 100 percent of the cost of the additional planning services provided by RBF
Consulting and city staff. Staff recommends City Council approval of the Professional
Services Contract with RBF Consulting and two Reimbursement Agreements with Poseidon
Resources Corporation as drafted, and authorize the Mayor and City Clerk to execute the
documents.
Council Policy Regarding Requests for an Appropriation of Funds:
As adopted by the City Council in March 1998, all requests for a mid-year appropriation of
the General Fund 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. This request meets criterion #3 as it will
be offset by new revenues generated pursuant to the Reimbursement Agreement between
the City and Poseidon Resources Corporation.
Environme ►Ltal Status:
Projects over which public agencies exercise ministerial authority, such as these
agreements, are categorically exempt from the California Environmental Quality Act pursuant
to Section 15300.1.
Attachment(s):
City Clerk's
P. . - NumberDescription
1 Contract between the City and RBF Consulting
2 Reimbursement Agreement between the City and Poseidon Resources
Corporation for costs incurred with the preparation of a recirculated
FIR
3 Reimbursement Agreement between the City and Poseidon Resources
Corporation for costs incurred with entitlement processing
4 Fiscal Impact Statement
RCA Author: R. Ramos/M. Broeren
PL04-14 Poseidon cont -3- 7/14/2004 4:19 PM
T�T CHM 1��
ENT
REIMBURSEMENT- PLANNING -AGREEMENT BETWEEN THE
ITY OF HUNTINGTON BEACH AND
FOR COSTS INCURRED FOR
t--
JNP�'
THIS AGREEMENT ("Agreement") is made and entered into this �CR A day
�r
of I"[c.(-Ta(,�57�_ , 2 40 O , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
p-C• S C. ortr�h1 a Gori
hereinafter referred to as "DEVELOPER."
WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington
Beach known as ?-.I730 N�.WL4r�
and
DEVELOPER is required to submit applications to CITY for approval of various
discretionary matters, such as 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 CITY commit sufficient resources to enable the expeditious
processing of applications and other necessary documentation; and
Pur<uant to Catifornia Government Code Section 87103.6, DEVELOPER is allowed to
defray the cost of processing development applications and entitlements by reimbursing CITY for
such costs,
NOW,THEREFORE,, in consideration of the promises and agreements hereinafter made and
exchanged, the parties agree as follows:
agrcc/forms:rcimbursehcv 101 t$r01-A 1
rcv 10114102
1. PAYMENT
DEVELOPER agrees to reimburse CITY for its professional services as follows:
A. DEVELOPER will make an initial payment to CITY in the amount of
"tom j-k^ ` 51 �_ K IUD 11�`'Dollars ($ 34 t 2-1(P• 25 ) (hereinafter
the "Amount of Deposit") on the first day of each third month. Thereafter, DEVELOPER
shall replenish the Amount of Deposit by paying to CITY an amount equal to the amount
paid to CITY for professional services funded by this Agreement (the "Quarterly Payment").
The parties acknowledge that the Amount of Deposit will be used to pay the professional
planning services funded by this Agreement, and if, prior to the payment of any Quarterly
Payment, the Amount of Deposit is less than One Thousand Dollars ($1,000), DEVELOPER
shall make the next Quarterly Payment within ten (10) days notice from CITY.
DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's
best estimate of the costs for the services described herein, and that the actual cost of said
services may be higher. In the event that the actual cost of said services exceeds the
estimated costs, DEVELOPER agrees to pay the actual cost within ten (10) days after
receiving CITY'S invoice for same. In the event the actual costs of Reimbursement Services
are less than the estimated costs, CITY will refund the difference between the actual and
estimated costs.
B. The estimated cost to cover twelve (12) months of professional services is
ONE+AANPF-P� 7f'I P-7Y-51x—tiaDtnS
W&J-n- NLA NWP4=__P Dollars ($
C. A late payment fee of ten percent (10%) will be assessed if CITY receives
any payment later than the thirtieth (30`h) day after that payment is due but unpaid. In
addition, one and one-half percent(1%) interest per month shall be added for each month the
payment hereunder is due but unpaid.
agrccAorms.'rei mburse.'rev 10 18 01-A 2
rev 10 1 a 02
2. STATEMENT OF INTENT
The amounts reimbursed to CITY pursuant to this Agreement will help defray
CITY's cost of the professional planning services required to process DEVELOPER's various
development applications and entitlements as set forth 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(s) assigned to DEVELOPER's various development projects.
C. 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.
5. TIME IS OF THE ESSENCE
CITY agrees that time is of the essence for the performance of the work to be funded
pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice,
DEVELOPER shall submit a list of activities to be performed by the CITY for approval by the
Planning Director.
ngrec:forms.:reimburse.,'rev10!18 01-A 3
rev 10/14/02
6. TERyIINATION 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 parry. 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's agent 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: TO DEVELOPER:
J 051-P— }ii&4y t1dLAE!L(
City of Huntington Beach l rt:44 HnOOA�—S CO 'bR 'a1 ct4
kF-tj 2 �sY tyv
2U00 Main Street ��l�T�-�-o� 3�vo l�l �ca►Tz.pop..�-- ��, sN� 2
Huntington Beach, CA 92648 pt,pl.INl�� LoFJG1ia[�'� C� �vlpDW
9. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
agree;forms/reimburse/rev f 0/18/01-A 4
rev 10/14/02
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.
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
agreelforms4cimburse/rev I Of I8%01-A 5
rev 10.'14r02
i •
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. ATTOWNEY'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 Iaws of the
State of California.
agreeforms;reimburse:rev 10 l Sr01-A 6
rev 1014;`02
• i
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.
DEVELOPER,
1 J PLC� COPS _ CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
Mayor
print name ATTEST:
ITS: (circle one)Chairm resident! � President /J--L- ZeAli
AND ity Clerk Y/rlr
By: JPPROVED AS TO FORM:
print name Cit Attorney2b
ITS: (cir nAss.
Secretary Treasurer
INMN'D ZAPPROVED:
REVIEWED AN PP O D: '
ctor of
City Administrato
agree/forms/rei mburse/rev i 0/1810 l-A 7
rev 10!14/02
it
Ilp
III
REIMBURSEMENT -PLANNING-AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
FOR COSTS INCURRED FOR
�y'1TL-�-1^�1`ft �Ra'�55 I t•l�l �P- � �� l�l�
THIS AGREEMENT ("Agreement") is made and entered into this 52 tab day
of 49 G u ST , 2 0 0 , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
4-0-SsMOR::1J C. V-="ON , a Y�1 Ui71�Y' T1D�
hereinafter referred to as"DEVELOPER."
WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington
Beach known as
and
DEVELOPER is required to submit applications to CITY for approval of various
discretionary matters, such as 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 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 CITY for
such costs,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged,the parties agree as follows:
agrce/formslreimhurse/revI Oil 8/01-A 1
rev 10/14102
i •
1. PAYMENT
DEVELOPER agrees to reimburse CITY for its professional services as follows:
A. DEVELOPER will make an initial payment to CITY in the amount of
ZR--VW +AANPFQMt7 4=Ir-TY Dollars $I p� } (hereinafter
the "Amount of Deposit") on the first day of each third month. Thereafter, DEVELOPER
shall replenish the Amount of Deposit by paying to CITY an amount equal to the amount
paid to CITY for professional services funded by this Agreement (the "Quarterly Payment").
The parties acknowledge that the Amount of Deposit will be used to pay the professional
planning services funded by this Agreement, and if, prior to the payment of any Quarterly
Payment, the Amount of Deposit is less than One Thousand Dollars ($1,000), DEVELOPER
shall make the next Quarterly Payment within ten (10) days notice from 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
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 Reimbursement Services
are less than the estimated costs, CITY will refund the difference between the actual and
estimated costs.
B. The estimated cost to cover twelve (12) months of professional services is
���l� ��^S►oNd Dollars (S
C. A late payment fee of ten percent (10%) will be assessed if CITY receives
any payment later than the thirtieth (30!h) day after that payment is due but unpaid. In
addition, one and one-half percent(l'/2) interest per month shall be added for each month the
payment hereunder is due but unpaid.
agrce'forms rcimhurseinv 10 18 0l-A 2
rev I W 14 02
2. STATEMENT OF INTENT
The amounts reimbursed to CITY pursuant to this Agreement will help defray
CITY's cost of the professional planning services required to process DEVELOPER's various
development applications and entitlements as set forth 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(s) assigned to DEVELOPER's various development projects.
C. 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.
5. TIME IS OF THE ESSENCE
CITY agrees that time is of the essence for the performance of the work to be funded
pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice,
DEVELOPER shall submit a list of activities to be performed by the CITY for approval by the
Planning Director.
agree!forms reimburse;'rev10:18 01-A 3
rev 10`14:42
b. TERMLNIATION 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 parry. 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's agent 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: TO DEVELOPER:
City of Huntington Beach � �( �7� 5 GoPn�
ATTN: "fi Vvp''fi 5A 2-'Po2000 Main Street � Cr
Huntington Beach, CA 92648 p�Nh[I."n C.+� q a Cv�t1
9. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
agree/formsireimhurse/rev10/1 8/01-A 4
rev 10/14/02
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.
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
agrce!formsrcinibursc'rev 10 E8:'DI-A 5
rev 1014102
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.
agrec'forms rcimburse/rcv 10.118101-A 6
rev 10114i02
17. ENTIRETY
This Agreement, and the attached exhibits, contains the entire agreement between the
parties respecting the subject matter of this Agreement and supersedes 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.
DEVELOPER,
CITY OF HU)\TINGTON BEACH, a
" municipal corporation of the State of
California
By: i -
May or
print name ATTEST:
ITS: (circle one)25an
esidenrvice President
Qaawn)
AND Vity Clerk r/6
APPROVED AS TO FORM:
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CITY OF HUNTINGTON BEACH
` INTERDEPARTMENTAL COMMUNICA TION
To: Penelope Culbreth-Graft, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2004 — 25 Approve Two Reimbursement Agreements
With Poseidon Resources Corporation and a Professional Services
Contract With RBF Consulting for the Preparation of Recirculated
Environmental Impact Report No. 00-02 For The Poseidon Project
Date: July 6, 2004
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Two Reimbursement Agreements With
Poseidon Resources Corporation and a Professional Services
Contract With RBF Consulting for the Preparation of Recirculated
Environmental Impact Report No. 00-02 For The Poseidon Project"
If the City Council approves this action (total appropriation $136,865),
there will be no effect on the General Fund balance since the
proposed ex en ' re is offset by new revenue.
Clay Ma n"
Director of Administrative Services
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: APPROVE TWO REIMBURSEMENT AGREEMENTS WITH
POSEIDON RESOURCES CORPORATION AND A
PROFESSIONAL SERVICES CONTRACT WITH RBF
CONSULTING FOR THE PREPARATION OF
RECIRCULATED ENVIRONMENTAL IMPACT REPORT
NO. 00-02 FOR THE POSEIDON PROJECT
COUNCIL MEETING DATE: 'l August 2, 2004
RCA ATTACHMENTS STATUS
Ordinance wlexhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if a licable Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
(Approved as to foram by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attome Attached
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 A licable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR DED
Administrative Staff
Assistant City Administrator initial
City Administrator Initial
Lqity Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
Council/Agency Meeting Held: -y 3
Deferred/Continued to: ,,,� �
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur
Council Meeting Date: April 7, 2003 Department ID Number: PL03-10
CITY OF HUNTINGTON BEACH
aa ?- �" ,
REQUEST FOR ACTION =; _� :•
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator Aml
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE ACCOUNT CORRECTION FOR POSEIDON
ENVIRONMENTAL IMPACT REPORT REIMBURSEMENT
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
In March 2001 the City Council approved a professional services contract with RBF
Consulting for the preparation of an Environmental Impact Report for the Poseidon seawater
desalination plant proposed on a portion of the AES property at PCH and Newland Street.
In January 2002 Poseidon Resources Corporation paid the City $51,173 as part of the
reimbursement agreement to cover the cost of the preparation of the Environmental Impact
Report by RBF Consulting. This amount was deposited into the General Fund and was not
subsequently transferred to the Planning Department's Contractual Services Account.
Transmitted for your consideration is a request by the Planning Department to appropriate
funds in the amount of $51,173 from the City's General Fund Unappropriated Fund Balances
into the Planning Department's Contractual Services Account Number 10060201.69365 for
use in payment to RBF Consulting for services provided. Staff recommends approval of the
request.
Funding Source:
Appropriation of funds in the amount of $61,173 from the City's General Fund
Unappropriated Fund Balances into the Planning Department's Contractual Services
Account Number 10060201.69365.
Recommended Action:
Motion to: "Authorize the Director of Administrative Services to appropriate funds in the
amount of $51,173 from the City's General Fund Unappropriated Fund Balances into the
Planning Department's Contractual Services Account Number 10060201.69365."
'REQUEST FOR ACTION •
MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PL03-10
Alternative Action{s):
The City Council may make the following alternative motion(s):
"Continue the item and direct staff accordingly."
Analysis:
A. BACKGROUND:
In March 2001 the City Council approved a professional services contract with RBF
Consulting for the preparation of an Environmental Impact Report for the Poseidon seawater
desalination plant proposed on a portion of the AES property at PCH and Newland Street. In
January 2002 entitlement applications to construct the desalination plant were submitted to
the Planning Department. The Planning Department continues to process the entitlements
and environmental documentation for the project.
In January 2002 Poseidon Resources Corporation paid the City $51,173 as part of the
reimbursement agreement to cover the cost of the preparation of the Environmental Impact
Report by RBF Consulting. This amount was deposited into the General Fund and was not
subsequently transferred to the Planning Department's Contractual Services Account.
Transmitted for your consideration is a request by the Planning Department to appropriate
funds paid by Poseidon Resources in the amount of $51,173 from the City's General Fund
Unappropriated Fund Balances into the Planning Department's Contractual Services
Account Number 10060201.69365 for use in payment to RBF Consulting for services
provided. Staff recommends approval of the request.
Environmental Status:
Projects over which public agencies exercise only ministerial authority, such as this request
to appropriate funds from one account to another, are categorically exempt from the
California Environmental Quality Act pursuant to Section 15300.01
Attachment(s)'
City Clerk's
. . - Number No. Description
1 TFiscal impact Statement
RCA Author: R. Ramos/S. Hess
PL03-10 -2- 312012003 2:34 PM
ICI�
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S ity .
ADMINISTRATIVE SERVICES
H INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: Clay Martin, Director Of Administrative Services
Subject: FIS 2003-24 Approve Account Correction for Poseidon
Environmental Impact Report Reimbursement
Date: March 21 , 2003
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Account Correction for Poseidon
Environmental Impact Report Reimbursement".
If the City Council approves this request (total appropriation $51,176),
the estimated unreserved, General Fund Balance at September 30,
2002 will be reduced to $3,144,000.
Clay Martin
Director Administrative Services
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: APPROVE ACCOUNT CORRECTION FOR POSEIDON
ENVIRONMENTAL IMPACT REPORT REIMBURSEMENT
COUNCIL MEETING DATE: Aril 7, 2003
-RCA ATTACHMENTS STATUS
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
f Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attome Not Applicable
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 Unbud et, over $5,000) Attached
Bonds (If applicable) Not App licable
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
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial �►
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use Only)
RCA Author: HZ:SH:RR
L� 01& CITY 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/
REDEVELOPii7ENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: March 28, 2001
TO: Poseidon Resources Corp. ATTENTION: Josie McKinley
Tame
3760 Kilroy Airport_ w_y. , Suite 260 DEPARTINZENT:
Street
Long Beach, CA 90606 REGARDING: Reimbursement Agreement
City,State,Zip re: Desalination Plant
See Attached Action Agenda Item E-19 Date of Approval 3-19-01
Enclosed 1~or Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
W
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds Insurance
RCA Deed Other
CC: H. Zelefsky Planning x x
Name Department RCA Agreement Insurance Other
D. Bankey Planning x x
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Otner
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
I Telephone: 714.536-5227)
fWA
CounciVAgency Meeting Held: 43-0—a)
Deferred/Continued to:
AA proved ❑ Conditionally Approved ❑ Denied Pe-P- CIer s Signature
Council Meeting Date: March 19, 2001 Department ID Number: PL01-09
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City AdministratorOW C,
77D -
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE A PROFESSIONAL SERVICES CONTRACT WITH RBF
CONSULTING FOR PREPARATION OF ENVIRONMENTAL
DOCUMENTATION FOR THE POSEIDON SEAWATER
DESALINATION PLANT AND A REIMBURSEMENT AGREEMENT
WITH POSEIDON RESOURCES CORPORATION FOR PLANNING
SERVICES
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 request to enter into two agreements. The
first agreement is a Professional Services Contract, in the amount of $204,692, with RBF
Consulting for preparation of Environmental Documentation for the Poseidon Seawater
Desalination Plant.
The second agreement is a Reimbursement Agreement with Poseidon Resources
Corporation, the project proponent, to reimburse the City for planning services to prepare
Environmental Documentation for the Desalination Plant.
Staff anticipates preparation of the environmental documentation to be completed within one
year; however, the term of the contract and reimbursement agreement, upon approval by the
City Council, is for a period not to exceed thirty-six months to allow for any required follow-up
of mitigation measures.
Funding Source:
Appropriation of funds, in the amount of $204,692, from the City's General Fund
Unappropriated Fund Balances into the Planning Department's Contractual Services
Account Number 1006 201.69365.
�f
• REQUEST FOR ACTION
MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-09
Recommended Action;
Motion to:
1. "Approve and Authorize the Mayor and City Clerk to execute the Professional
Services Contract with RBF Consulting, in the amount of $204,692, for
preparation of Environmental Documentation for the Desalination Plant; and
2. Approve and authorize the Mayor and City Clerk to execute the Reimbursement
Agreement with Poseidon Resources Corporation for Planning Services; and
3. Authorize the Director of Administrative Services to appropriate $204,692 from the
City's General Fund Balance to the Planning Department's Contractual
Services Account number 10060201.69365; and
4. Authorize the Director of Planning to expend $204,692 for Professional Planning
Services to prepare Environmental Documentation, pursuant to the Contract with
RBF Consulting, and to extend the duration of the Contract as required."
Alternative Action(J:
The City Council may make the following alternative motions:
1. "Deny the Professional Services Contract between the City and RBF Consulting
and the Reimbursement Agreement between the City and Poseidon Resources
Corporation."
2. "Deny appropriation of funds in the amount of $204,692 to cover the
Professional Services Contract costs."
3. "Continue the item and direct staff accordingly."
Analysis:
A. Project Description:
Poseidon Resources Corporation, a private developer of water and wastewater facilities, is
proposing development of an approximate 3.9-acre seawater desalination plant within the
existing 22-acre AES Huntington Beach L.L.C. Power Plant facility, which is located at 21370
Newland Street. Poseidon is anticipating development pursuant to a long-term lease for the
proposed desalination site.
PL01-09 -2- 318101 4:47 PM
• REQUEST FOR ACTION 10
MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-09
Poseidon is proposing construction and operation of a 50 million gallon per day (MGD)
seawater desalination plant designed to produce 56,000 acre-feet per year of desalted water
that would be provided on a wholesale basis to water agencies. Poseidon's proposed
project includes two primary components, one is the 3.9-acre desalination plant and the
second is the extension of approximately 10 miles of water transmission pipelines and
associated pumping stations. .
The 3.9-acre desalination plant, would include a reverse osmosis pretreatment area, process
buildings and seawater intake pretreatment facilities, product water storage, two pumping
stations, storage tanks, and maintenance buildings. Operation of the desalination plant
would direct approximately 100 to 120 MGD of the AES Power Plant condenser cooling
water to Poseidon's pretreatment plant and reverse osmosis facilities, offsetting the need for
additional seawater intake and discharge. Processing of the 100 to 120 MGD of seawater is
anticipated to generate 50 MGD of product water and 70 MGD of saltwater byproduct. The
residuary by-product would be routed back to the AES Power Plant outfall structure for
discharge into the Pacific Ocean, while the solids generated during the pretreatment stage
would require transportation to an appropriately permitted landfill for disposal.
B. Scope of Work:
RBF Consulting, working as an extension of City staff, will be responsible for all studies and
documentation necessary to comply with the provisions of the California Environmental
Quality Act (CEQA), as well as conducting an impact assessment, development of mitigation
measures, review for CEQA adequacy, attendance at public meetings and hearings,
responses to public comments, coordination between City staff and the project team, and the
preparation of a mitigation monitoring plan necessary to prepare and adopt the document.
C. Consultant Selection Process:
The City has held preliminary meetings with Poseidon Resources Corporation to assist them
in understanding the application process for development of the Desalination Plant. To
facilitate processing of Poseidon's application, the City distributed a Request for Proposal to
seven (7) qualified planning consulting firms in January 2001, to prepare Environmental
Documentation for the Desalination Plant. The following three (3) firms responded to the
request by submitting proposals detailing their experience, expertise, fee structure and
scope of work for the project:
• KEA Environmental, Inc.
• RBF Consulting
• Sapphos Environmental, Inc.
PL01-09 -3- 318101 4:47 PM
• REQUEST FOR ACTION 10MEETING DATE: March 19, 2001 DEPARTMENT ID NUMBER: PL01-09
After careful consideration, staff has determined that the firm of RBF Consulting offers the
best combination of experience, expertise, project approach, accessibility, and price to meet
the City's needs.
D. Staff Recommendations
The key objective in undertaking preparation of the Environmental Documentation is to
analyze the potentially significant environmental impacts of the proposed Desalination Plant
and identify mitigation measures to reduce or eliminate these impacts. To realize these
objectives, a Professional Services Contract between the City and RBF Consulting is
necessary.
The City and Poseidon Resources Corporation, the project proponent, recognize the unique
environmental considerations associated with the Desalination Plant and the time and cost
associated with retaining the services of a Consultant to prepare the required documents.
Therefore, Poseidon has agreed to enter into a Reimbursement Agreement, in the amount of
$204,692, with the City to help defray these associated costs. Pursuant to the
Reimbursement Agreement, Poseidon will deposit funds in the amount of $102,346 with the
City within ten (10) days following adoption of this agreement by the City Council, and two
additional separate deposits of $51,173 within ten (10) days following written notification
from the City that deposit funds have fallen below $10,000. Since Poseidon and the City
have agreed to enter into a Reimbursement Agreement, there will be no fiscal impact related
to preparation of Environmental Documentation for the Desalination Plant.
Staff recommends City Council approve the Contract with RBF Consulting and the
Reimbursement Agreement with Poseidon Resources Corporation as drafted, and authorize
the Mayor and City Clerk to execute the documents.
E. 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 appropriations being requested will be offset by related new
revenues generated pursuant to the Reimbursement Agreement between the City and
Poseidon Resources Corporation.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this agreement
contracting for preparation of Environmental Documentation, are categorically exempt from
the California Environmental Quality Act pursuant to Section 15300.1.
PL01-09 -4- 318101 4:47 PM
REQUEST FOR ACTION •
MEETING DATE: March 19, 2001 DEPARTMENT 1D NUMBER: PL01-09
Attachment(s):
DescriptionCity Clerk's
Page Number No.
1. Contract between the City and RBF Consulting
2. Certificates of Insurance for RBF Consulting
3. Fiscal Imp act Statement
4. Reimbursement Agreement between the City and Poseidon Resources
Corporation
RCA Author: Duane R. Bankey/Mary Beth Broeren
P101.09 -5- 3!7/01 1:57 PM
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: Clay Martin, Director of Administrative Services
Subject: FIS 2001-25 Approve a Professional Services Contract with
RBF Consulting for Preparation of Environmental Documentation for
the Poseidon Seawater Desalination Plant and a Reimbursement
Agreement with Poseidon Resources Corporation for Planning
Services
Date: February 21 , 2001
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared "Approve a Professional Services Contract with RBF
Consulting for Preparation of Environmental Documentation for the
Poseidon Seawater Desalination Plant and a Reimbursement
Agreement with Poseidon Resources Corporation for Planning
Services."
If the City Council approves this request (total appropriation
$204,692), there will be no effect on the unreserved, undesignated
General Fund Balance at September 30, 2001 since the new
appropr n is funde reimbursement agreement.
Clay Ma ,
Direct of Administrative Services
ATTACHMENT 4
0 •
REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND POSEIDON RESOURCES
CORPORATION FOR PREPARATION OF ENVIRONMENTAL
DOCUMENTATION FOR THE POSEIDON SEAWATER DESALINATION PLANT
This Agreement is made and entered into this 19th day of March , 2001,
by and between the City of Huntington Beach, a California municipal corporation, hereinafter
referred to as "City," and Poseidon Resources Corporation., a Delaware 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, land use
approvals and environmental review; and
Developer desires that all entitlements, land use approvals and environmental review
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:
1. PAYMENT
Developer agrees to reimburse City for its professional planning services in the
estimated total amount of Two Hundred Four Thousand Six Hundred Ninety-Two Dollars
0 1 agree/poseidon I'd I NOl 1
(S204,692), which represents the estimated cost for professional planning services to prepare
an Environmental Impact Report for the project located on 39 acres of the 22 acre AES site
located at 21370 Newland Street, in the City of Huntington Beach, as follows:
A. Developer shall deposit One Hundred Two Thousand Three Hundred
Forty Six Thousand Dollars (S102,346.00) with the City within ten (10) days following
adoption of this Agreement by the City Council;
B. Developer shall deposit Fifty One Thousand One Hundred Seventy Three
Dollars (51,173.00) with the City within 10 days after written notification by the City that the
deposit amount has fallen below $10,000; and
C. Developer shall deposit Fifty One Thousand One Hundred Seventy Three
Dollars (51,173.00) with the City within 10 days after written notification by the City that the
deposit amount has fallen below S10,000. All deposit funds not utilized by the City will be
refunded to the Developer.
D. 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 Environmental Impact Report
01agreeiposefdonl3l6 Ol 2
Report for Developer's project as set forth in Section 1 herein. City shall furnish Developer
with a copy of any agreement for services to be paid from the deposit provided herein.
Developer shall be permitted to submit to City technical reports related to the
Environmental Impact Report.
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.
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 (14) 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. Upon termination the unspent amount of the deposit shall be
promptly returned to Developer.
00agree1poseidon/219101 3
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 Services, addressed as follows:
TO CITY: TO DEVELOPER:
Howard Zeiefsky Ms. losie McKinley
Director of Planning Poseidon Resources Corporation
City of Huntington Beach 3760 Kilroy Airport Way, Ste. 260
2060 Main Street Long Beach, CA 90606
Huntington Beach, CA 92648
7. TERM
This Agreement shall be effective on the date of its adoption by the City
Council of City. This Agreement shall expire when terminated as provided herein. This
Agreement may be extended by mutual agreement.
REST OF PAGE NOT USED
0 1 agree:poseidon'3:2/0' 4
S. 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.
POSEIDON RESOURCES CITY OF HUNTINGTON BEACH,
CORP O IOI�, a Delaware corporati a California municipal corporation
By: Tern
Walter oVA-12,A Mayor
eatiiee President
ATTEST:
L y: i City Clerk 03; 2 -A
Andr Kin 'an, l
Chief Financi Officer APPROVED AS TO FORM:
2:
REVIEWED AND APPROVED: 11orney
I 1 6cl� lot
City Ad nistrator INITI TED ND APPROVED:
Subscribed and Sworn to before me a Notary
HZ—
Public, in and for County of Director Tanning
and State of Connecticut, this `. .. day of
.......�MP
�ub1iC
My Commission Expires July 31, 2003
00agrecfposeidon'2 TO1 5
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
` SUBJECT: APPROVE A PROFESSIONAL SERVICES CONTRACT
WITH RBF CONSULTING FOR PREPARATION OF
ENVIRONMENTAL DOCUMENTATION FOR THE
POSEIDON SEAWATER DESALINATION PLANT AND A
REIMBURSEMENT AGREEMENT WITH POSEIDON
RESOURCES CORPORATION FOR PLANNING
SERVICES
COUNCIL MEETING DATE: March 19, 2001
RCA ATTACHMENTS STATUS
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 (wlexhibits if applicable)
(Signed in full by the City Attorne Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form PY 22 Attorne Not Applicable
Certificates of Insurance (Approved by the Cit Attorne Attached
Financial Impact Statement Unbud et, 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
REVIEWED RETURNED FORWARDED
Administrative Staff 3
Assistant City Administrator Initial
City Administrator Initial Q
Lpity Cleric
.EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
3.
G G 3