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HomeMy WebLinkAboutCIM/Huntington, LLC - aka CIM Group, LLC - 2000-05-01CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY.CLERK LETTER OF TRANSNIITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 05-05-00 TO: CIM/Huntington, Inc. ATTENTION: John Given Name 6922 Hollywood Blvd., Suite 900 DEPARTMENT: Street Los Angeles, CA 90028 REGARDING: Reimbursement City, State, Zip Agreement See Attached Action Agenda Item E — 2 0 Date of Approval 5 — 1 — 0 0 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. � il( Remarks: 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 Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance G:Followup/Letters/coverltr 1 Telephone: 714536-5227 ) &Y OF HUNT INGTON BEAC CS�s MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PL00-13 Council/Agency Meeting Held: Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied ®, 1r• C rk' Signature Council Eeting Date: May 1, 2000 Department ID Number: PL00-13 N _ CITY OF HUNTINGTON BEACHRC REQUEST FOR COUNCIL -ACTION . a ...... == SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY! -Planning Director#,4 —2 � �r SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT WITH CIM GROUP LLC FOR PROFESSIONAL PLANNING SERVICES TO PREPARE A SUBSEQUENT EIR FOR THE PROJECT COMMONLY KNOWN AS "BLOCKS 104 AND-105" Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council's consideration is a Reimbursement Agreement between the City and CIM Group LLC. The Reimbursement Agreement will help defray thecosts of professional planning services associated with preparation of a Subsequent. Environmental Impact Report (EIR) for Blocks 104 and 105. The term of the Reimbursement Agreement is thirty-six (36) months beginning with approval of the Agreement by the City Council, subject to mutual agreement by City staff and CIM Group LLC: < Funding Source: The proposed Reimbursement Agreement between the City and CIM Group allows the developer to help defray the costs of professional planning services associated with the preparation of a Subsequent EIR for Blocks 104 and 105. CIM Group has agreed to make an initial deposit, within ten (10) days following adoption of this agreement by the City Council, of funds in the amount One Hundred Forty Nine Thousand Two Hundred Thirty -Seven and 00/100Dollars ($149,237.00). Additionally, CIM Group has agreed to deposit funds in the amount of Twenty-nine Thousand Eight Hundred Forty -Seven and 00/100 Dollars ($29,847.00) within ten (10) days following written request by the City. - PL00-13 -2- 4/25/00 11:06 AM QUEST FOR;COUNCIL ACON MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PL00-13 Recommended Action: Motion to: 1. "Approve the Reimbursement Agreement with CIM Group LLC, as prepared by the City Attorney, between the City and CIM Group LLC for the term of thirty-six (36) months beginning with adoption of this Agreement by th'e City Council, subject to mutual agreement by the City and CIM Group LLC, and authorize the Mayor and City Clerk to sign." 2. "Appropriate funds in the amount of. -One Hundred Seventy Nine Thousand Eighty -Four and 00/100 Dollars ($179,084.00) in connection with the Reimbursement Agreement between the City and CIM Group LLC." Alternative Action(s): The City Council may make the following alternative motions: "Deny the Reimbursement Agreement between the City and CIM Group." 2. "Continue the item and direct staff accordingly." Analysis: A. BACKGROUND CIM Group is proposing development of'the'project area commonly referred to as "Blocks 104 and 105." The proposed development encompasses a two -block area in the Downtown andwill consists of visitor -serving commercial, retail, and a hotel complex which includes retail, restaurants, a specialty market and a hotel. Prior to the proposed development, a Subsequent Environmental Impact Report must be completed to assess any environmental considerations and appropriate mitigation measures if necessary. B. STAFF ANALYSIS AND RECOMMENDATION: During the past several years, there has been,,substantial activity in development projects within the City of Huntington Beach. This activity is primarily due to the economy and the proposals of many developer's projects being submitted such as CIM Group's development of Blocks 104 and 105. The City and CIM Group recognize the time and costs associated with professional planning services to prepare a Subsequent Environmental Impact, Report. In order to assist CIM Group with its project, it is necessary for the City to retain the: services of a Consultant to prepare a Subsequent Environmental Impact Report for Blocks 104-and 105. The City and CIM Group LLC have agreed to enter into a Reimbursement Agreement tol"help defray these costs. Staff recommends the City Council approve the Reimbursement Agreement between the City and CIM Group LLC, approve the appropriation of funds in the amount of One. Hundred Seventy-nine Thousand Eighty-four Dollars ($179,084.00), and authorize the Mayor and -the City Clerk to sign. *QUEST FORCOUNCIL ACAN MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PL00-13 C. 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 from the Reimbursement Agreement between the. City, and CIM Group LLC, the project proponent. Environmental Status: Projects over which public agencies exercise, ministerial authority, such as this agreement contracting for the preparation of a Subsequent Environmental Impact Report, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Attachment: 1. Reimbursement Agreement. 2. Fiscal Impact Statement. RCA Author: Duane R. Bankey PL00-13 -4- 4/24/00 3:50 PM • 9 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND . CIM/Huntington, Inc. FOR PROFESSIONAL PLANNING SERVICES Table of Contents 1 Payment 1 2 Statement of Work to Be Performed 2 3 Exclusive Control by City of Huntington Beach. 2 4 Time Is Of The Essence 3 5 Termination of Agreement 3 6 Notices 3 7 Term 4 8 Entirety 4 u REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIM/Huntington, Inc. FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 1st day of May , 2000, by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and CIM/Huntington, a California 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, zone changes, land use approvals and environmental assessments; and Developer desires that all entitlements, zone changes, land use approvals and environmental assessments to 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 One Hundred Seventy-nine Thousand Eighty-four and no/100 Dollars 4/s:4-2000 Agree:CIM Group Rev. RLS 00-279 3130100 ($179,084.00), which represents the estimated cost for professional planning services to prepare a Subsequent Environmental Impact Report for Blocks 104 and 105, as follows: A. Developer shall deposit One Hundred Forty-nine Thousand Two Hundred i Tiirty-seven and no/100 Dollars ($149,237.00) with the City within ten (10) days following adoption of this Agreement by the City Council. Developer shall deposit the remaining Twenty - Nine Thousand Eight Hundred Forty-seven no/100 Dollars ($29,847.00) within ten (10) days following written request by the City. B. 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 a Subsequent Environmental Impact Report for Blocks 104 and 105. 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. 2 4/s:4-2000 Agree:C[M Group Rev. RLS 00-279 3/30/00 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 (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 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: Howard Zelefsky Director of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 4/s:4-2000 Agree:C[M Group Rev. RLS 00-279 3/30/00 TO DEVELOPER: John Given CIM/Huntington, Inc. 6922 Hollywood Boulevard Suite 900 Los Angeles, CA 90028 • 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. 8. 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. CIM/Huntington, Inc. CITY OF HUNTINGTON BEACH, A California corporation a California municipal corporation By: y... Richard S. Ressler, President Mayor Name AND By: Name Avraham Shemesh, Treasurer REVIEWED AND APPROVED: Qt:t2 aA� CityA&tninistrator 4 4/s:4-2000 Agree:CIM Group Rev. RLS 00-279 3/30/00 ATTEST: City Clerk S— APPROVED AS TO FORM: CL Attorney p,�• `` �.o G6 ij�Sbf ©8 INTT TED AND APPROVED: --- X irector of Pl mg CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles ss. On April 26, 2000 before me, Ellen Jo Rose Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Richard Ressler and Avraham Shemesh Name(s) of Signer(s) BMW JO RM Cc m inkn O 1243113 o/ NotPJAC - CC�oe, Ins Angeles CCU* MllGortm.6�IresNor33,�9 Place Notary Seal Above xx�Plpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W1 E`§S my ha 0 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Reimbursement Agreement Document Date: Signer(s) Other Than Named Above: Number of Pages: None on April 26, 2000 Capacity(ies) Claimed by Signer Signer's Name: Richard' Ressler, President and 4 El Individual Avranam 5nemesn, 'Treasurer, both of • Top of thumb here )qN Corporate Officer—Title(s): CIM/Huntington, Inc. ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • 0 • • CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-21 Approve a Reimbursement Agreement with CIM Group for the preparation of a EIR in connection with Blocks 104 and 105. Date: March 21, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve a Reimbursement Agreement with CIM Group for the preparation of a EIR in connection with Blocks 104 and 105." If the City Council approves this request (total appropriation $179,084), there will be no effect on any of the City's fund balances since the appropriation will be funded by advances from developers. LIJ6�u J hn Reekstin; Director of Administrative Services INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: APRROVEYA REIMBURSEMENT I 9WMA COUNCIL MEETING DATEt-, - _Y�j, -,jffGp . .. ....... . . . ..... ... ATTACHMENTS RCA ... . .... ... .. 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 (w/exhibits if applidabl&) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudg' et,_pVer $5,000) Attached Bonds (If applicable) M 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 ..... ...... ATTACHMENTS ... ... ........... .......... ... . ..... .. .. ......... ...... ... . .... . .. ........ . .... ......... .. .. .. -MISSING EXPLANATION- FOR ...... ............... ... ... ... . ..... ..... ... ......... .. ....... ..... . .... .... . . ....... ..... ...... . ..... . ...... ....... E TION:10R RETURNTOFi.`ITEW . ... . ..... . ... ... .. . ... ........