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HomeMy WebLinkAboutHOME DEPOT USA, INC - Reimbursement Agreement for costs incurred for professional planning services 4/7/97 Expires 4/7/98 - 1997-04-07C L� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER6F TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCTL/REDEiELOPMENT AGENCY APPROVED ITEM DATE: TO: GcoS�.jZ'J Ime N Stree City, State, Zip ,, �eAttached Action Agenda Item ATTENTION: DEPARTMEN REGARDING Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. 67wi, &a'7 Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance RCA Deed Other Remarks: CC: �. %zG%r�illG�&WO,�! Nay e partment R1C.4i /� A_reeme Insurance Other Name V. Department J RCA Aareentent Insurance Other Name Department RCA Aereement Insurance Other Risk Management Department Insurance Copy G: FolloNcup/agrmts/transItr k 1 (Telephone: 714.536-5227) //c) (o ©-U- f o Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signat Council Meeting Date -.19muspy 21, 1997 Department ID Number: CD 97-03 CITY OF HUNTINGTON BEACH 4e`� 3/31/9-7 Pm REQUEST FOR COUNCIL ACTION A v, SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate PREPARED BY: MELANIE S. FALLON, Community Development Director/� SUBJECT: Reimbursement Agreement - Home Depot Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council consideration is a Reimbursement Agreement between the City and Home Depot 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,OQ0) 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 Home Depot 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: 1. "Approve the Reimbursement Agreement, as prepared by the City Attorney, between the City and Home Depot, not to exceed $15,000 per quarter, for a term of 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 Home Depot. 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 Home Depot will be processed in line with regular development requests which may result in not meeting entitlement deadlines. k RRUEST FOR COUNCIL ACTIQR MEETING DATE: January 21, 1997 DEPARTMENT ID NUMBER: CD 97-03 Analysis: The City and Home Depot 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 Home Depot 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. 1. Reimbursement Agreement with Home Depot MTU:MSF:HF / CD97-03.DOC -2- 03/28/97 2:42 PM REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HOME DEPOT USA, INC., FOR COSTS INCURRED FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 7 t n day of40d-z,, 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "City," and Home Depot USA,)Inc., a Delaware corporation, hereinafter referred to as "Developer." and WHEREAS, Developer is developing an area within the City of Huntington Beach; 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 Califomia Govemment 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 agree/hdreimb/2/6/97 1. PAYMENT Developer agrees to reimburse the City for its professional planning services as follows: A. Payment to the CITY will be made by Developer each quarter in the amount of Fifteen Thousand Dollars ($15,000). B. The estimated cost to cover twelve months of professional planning services is Sixty Thousand Dollars ($60,000). 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 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. C. Shall be deemed to impose any liability on the City different from any liability as may otherwise be established by law. 2 agree/hdreimb/2/6/97 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. 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. • ik •, • -- ll- 1 Either party may terminate this Agreement at any time with or without cause, upon ninety (90) days prior written 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: Ms. Melanie Fallon Director of Community Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 3 agree/hdreimb/2/6/97 To Developer: Mr. Jeffrey L. Nichols Real Estate Manager, Western Region Home Depot USA, Inc. 601 S. Placentia Fullerton, CA 92631 The term of this Agreement is one year, beginning on the date of the adoption of this Agreement by the City Council of City. 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. HOME DEPOT U,S14 )Inc. a California corporation 41 pp � ;,Ilop by: its: ATTEST: Ci Clerk'-l�-�� REVIE3,0gP ANUP7OVED: Olt .. - 4 agree/hdreimb/2/6/97 CITY OF HUNTINGTON BEACH a municipal corporation of the State of California APPROVED AS TO FORM: i Attorney :.-6 - f 2 V 77 INITIATED AND APPROVED: � -7 Dirdctor of CofrAunity Development 9 INCUMBENCY/SECRETARIAL CERTIFICATE The undersigned Assistant Secretary of Home Depot U.S.A. , Inc., a Delaware corporation (the "Company"), hereby certifies: I , That the resolutions below constitute a true and correct copy of the resolutions contained in the Home Depot U.S.A., Inc. Unanimous Written Consent of the Board of Directors of in Lieu of A Special Meeting, dated May 21, 1996, and that these resolutions have not been amended, annulled, rescinded or revoked and remain in full force and effect as of the date hereof. RESOLVED, that the Chairman of the Board, the President, the Vice President -Legal, the Senior Vice President -Corporate Development, the Vice President -Real Estate, the Senior Corporate Counsels -Real Estate, the Senior Corporate Counsel -General and each of them acting alone or together, or their duly delegated designee, are hereby authorized and directed, in the name of the Company, to take such steps as are necessary or desirable to effect the Company's policy of expansion and maintenance of its properties including, but not limited to, the acquisition, disposition or financing of real estate, the execution of Leases, Reciprocal Easement Agreements, Development Agreements, Easements, Servitudes, Rights of Way, Assignments and any amendments or modifications to the foregoing, or any other instrument required to accomplish the aforesaid Corporate purposes; and FURTHER RESOLVED, that the Chairman of the Board, the President, the Vice President -Legal, the Senior Vice President -Corporate Development, the Vice President -Real Estate, the Senior Corporate Counsels -Real Estate, the Senior Corporate Counsel -General and each of them acting either alone or together, or their duly delegated designee, are hereby authorized and directed, in the name of the Company, to take, or cause to be taken, any and all actions and to execute and deliver any and all such other contracts, assignments, easements, conveyances, deeds, leases, subleases, agreements, certificates, instruments or any other documents as such individual or delegated designee may consider necessary or desirable to carry out the foregoing resolution and the transactions contemplated thereby; and FURTHER RESOLVED, that these resolutions hereby revoke and supersede any other resolutions that heretofore granted the delegation of corporate authority to execute and deliver real estate documents by and on behalf of the Company. F:\MISC\CORPORArHDUSA\INCUMSEC.96 • 2. The persons named below were on the date hereof the duly designated and qualified signatories of the Company, as set opposite his or her respective name, and that the signature appearing opposite his or her name is the genuine signature of said signatory: Nam e Title Bernard Marcus Chairman of the Board Arthur M. Blank President Lawrence A. Smith Vice President -Legal and Assistant Secretary William E. Harris Senior Vice President -Corporate Development Bryan J. Fields Vice President -Real Estate Daniel R. Hatch Senior Corporate Counsel - Real Estate Kathryn E. Lee Senior Corporate Counsel - Real Estate • Lawrence K. Menter Senior Corporate Counsel -General I / I rILf.�--- V �,Sy� PLC IN WITNESS WHEREOF, the undersigned has hereunto affixed the seal of the Corporation and set his/her signature, on this, the 15t day of V "ewe (a�i� , 199L l �— Name: [CORPORATE SEAL] Title: Assistant Secretary F-\MISC\CORPORA'nHDUSA\INCUMSEC.96 2