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Home My WebLink AboutSHEA HOMES - 1997-04-07 �. CI"°1""'Y OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTF-11 OF TRANSMITTAL RE RDI\ , ITEM APPROVED BY THE CITY COUNCIUREDEVELOPNIENr .% Y APPROVED ITEM DATE: TO: ATTENTION: If&-'wa e Ny� DEPARTMENT: loop REGARDING: City,State,"Lip See Attached Action Agenda Item Date of Approval aale� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brock�rvay City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other Remarks: CC: \ _Ch?GC ✓ ✓ Name n D•-ariment IL� :lerccme Insurance Other Name Department RCA Aueement Insurance Other Nar•--,e lkpaame:nt RC:% A'-Tee rile nt 111SUrame Other Risk N•lanagement Department Insurance Cope G:Foam•.:p'a�Tird:L ansllr (Telephone; 714-536.5227) Council/Agency Meeting Held: Deferred/Continued to: k�KApproved ❑ Conditionally Approved 0 Denied City Clerk's Signature Council Meeting Date: April 7, 1997 Department ID Number: CD97-01 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON, Community Development Director `� � SUBJECT: Reimbursement Agreement - Shea Homes Statement of Issue,Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council consideration is a Reimbursement Agreement between the City and Shea Homes which has been prepared by the Department of Community Development and City Attorney. The Reimbursement Agreement will help defray the costs of professional planning services for the City. The terms of the Reimbursement Agreement include depositing ($15,000) funds on a quarterly basis. The one year term of the Agreement will commence upon approval by the City Council. Funding Source: The proposed Reimbursement Agreement between the City and Shea Homes requires the developer to help defray the professional planning services costs incurred by the city. The developer will transmit $15,000 to cover the first quarter of 1997. Recommended Action: Motion to: n x� 1. "Approve the Reimbursement Agreement, as prepared by the City Attorney,(-D o: between the City and Shea Homes, not to exceed $15,000 per quarter, for.aTermpl � one year." 2. "Accept payment of$15,000 to cover professional planning services retroactive to first quarter of this year." Alternative Action(s): The City Council may elect not to approve the Reimbursement Agreement between the City and Shea Homes. If so, the developer will not help defray the cost of professional planning services from the Department of Community Development. As a consequence, the development request by Shea Homes will be processed in line with regular development requests which may result in not meeting entitlement deadlines. �' - RMUEST FOR COUNCIL ACTIOV MEETING DATE: April 7, 1997 DEPARTMENT ID NUMBER: CD97-01 Analysis: The City and Shea Homes recognize the costs associated with professional planning 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 to analyze respective projects. The City and Shea Homes have agreed to enter in a Reimbursement Agreement to help defray these costs. This is the first of many 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. Attachment(sl: City Clerk's Page Number .: :....: .:.: 1. Reimbursement Agreement MTU:MSF:HF CD97-01.DOC -2- 03/31197 11:58 AM REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA HOMES FOR COSTS INCURRED FOR PROFESSIONAL PLANNING SERVICES r This Agreement is made and entered into this 'r day of , 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "City," and Shea Homes, Inc., a California corporation, hereinafter referred to as "Developer." WHEREA�, Developer is developing an area within the City of Huntington Beach; and Developer requires the City to process and submit 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 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; and 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: 1 g:4:95agree:kplanner A. Developer will make an initial payment to City in the amount of Fifteen Thousand Dollars ($15,000) (hereinafter the "Amount on Deposit.") On the first day of each third month thereafter, Developer shall replenish the Amount on Deposit by paying to the City an amount equal to-the amount paid by the City for the professional planning services funded by this Agreement(the Quarterly Payment). The parties acknowledge that the Amount on Deposit will be used to pay for the professional planning services funded by this Agreement, and that if, prior to the payment of any Quarterly Payment, the Amount on Deposit is less than One Thousand Dollars ($1,000), Developer shall make the next Quarterly Payment within ten (10) days after notice form the City. B. The estimated cost to cover twelve months of professional planning services is Sixty Thousand Dollars ($60,000). 2. STATEMENT OE 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 various development applications and entitlements. 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. 2 g*96agree:kplanner C. Shall be deemed to impose any liability on the 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 IHE ESSENCE City agrees that time is of the essence for the work to be performed by the professional planning services 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 Director of Community Development. 6. TERTAINATION_OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ninety (90) days prior aTitten notice to the other party. 7. 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: To City: To Developer: Ms. Melanie Fallon Mr. Ronald C. Metzler Director of Community Development Vice-President, Community Development City of Huntington Beach Shea Homes 3 g:4:96agree:kplanner 1 2000 Main Street 655 Brea Canyon Road Huntington Beach, CA 92648 Walnut, CA 91788-0487 8. TERM The term of this Agreement is one year, beginning on the date of the adoption of this Agreement by the City Council of City. 9. 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. DEVELOPER: SHEA HOMES LIMITED PRTNRSHPCITY: a Ca]_i.foroia limited CITY OF HUNTINGTON BEACH eC-akfofffia-eepperatioe partnership a California municipal corporation By: J.F. SHEA CO. , INC. a Nevada corporation, its manager a 4/ its: VfP Mayor by: zt ' ,Assista Secretary ATTEST: APPROVED AS TO FORM: City Clerk y!y-9 2 ,per Cit ,Altorney q-7 3 iol0 REVIEWED-AND APPROVED: INITIATED AND APPROVED: 3 h City rator Director of Cornnv6nity Development 4 g:4:96agree:kplanner