HomeMy WebLinkAbout05606 - PALM MOUNTAIN RESORT LP REIMBURSEMENT AGR 1 AND 2 FOR EIR/TECHINICAL STUDIES & FOCUSED ENTITLEMENT Page 1 of 1
Kathie Hart
From: Loretta Moffett
Sent: January 20, 2009 12AS PM
To: Kathie Hart
Subject: RE: A5606 and A5583 (Palm Mountain Resort and LSA)
All done...pis close thanks
Loretta Moffett
A dinzniq aiive Mgmtant-DevelopinmL&Pl:mnm,Somcna v
Phona: 760.323.8270—Ya: 760-322.8360
E-mail, 1.om[1n Mn1Tef1(n)nnlmsonnns-ca sne Y
From: Kathie Hart
Sent: Tuesday, January 20, 2009 12:09 PM
To: Loretta Moffett
Subject: A5606 and A5583 (Palm Mountain Resort and LSA)
„, '
A5606, Palm Mountain Resort, Reimb to City
(LSA Focused Entitlement A5583)
LM: Are these still open, or may I close them. It has an expiration date of March 2008.
Thxl
e
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
(760) 323-8206 1 Z (760) 322-8332
N Kathie.HartGPalmSpringsCA.gov
01/20/09
r +
CITY OF PALM SPRINGS
REIMBURSEMENT AGREEMENT #2 - Revised
AMENDMENT #1 FOR ADDITIONAL SERVICES IN THE COMPLETION OF THE FOCUSED ENTITLEMENT AND CONTRACT
PLANNING Agreement A 5583-2 with
LSA ASSOCIATES, INC. for
Palm Mountain Resort & Spa, Project 5.1162-PD-342
THIS REIMBURSEMENT AGREEMENT A5583-2, AMENDMENT #1, (hereinafter
"Amendment #1"), is entered into this the day of flm � 2008, by and
between the CITY OF PALM SPRINGS, a California charfer city, the "City", and
PALM MOUNTAIN RESORT, LP, hereinafter, the "Developer", with reference to the
following facts and circumstances.
RECITALS
A. Developer has applied to the City of Palm Springs for approval of
various development permits for the Palm Mountain Resort and Spa Development
Proposal referred to herein as the "Project." The Project seeks all necessary City
permits, approvals, and environmental review.
B. Due to the magnitude and complexity of the Project, the Director of the
Planning, hereinafter "Director", Developer, and Contractor have agreed that it is
necessary that additional services outlined in Amendment #1 for the completion of
the Focused Entitlement and Contract Planning Agreement A5583-2 are required
and that Contractor LSA Associates, Inc., hereinafter, "Contractor", will complete
the focused entitlement documents, technical studies, attend public hearings and
meetings on the Project, and perform related work, including the additional services
as needed to ensure timely project review. Contractor shall perform the Additional
Scope of Work specified in the professional services contracts between City and
Contractor, attached to this Amendment #1 as "Exhibit V' Director shall manage
the Project work performed by Contractor-
C. City and Developer hereby agree that City shall engage Contractor to
provide the additional services set forth in Exhibit 1 of this Amendment #1 to
Agreement A5583-2, Reimbursement Agreement#2.
D. A fundamental premise of this Amendment 41 is that nothing herein is
to be construed as a representation, promise, or commitment on the part of City to
give special treatment to, or exercise its discretion favorably for the Project, in
exchange for Developer's obligation to reimburse City for the cost of retaining
Contractor.
E. City and Developer make this Amendment #1 with full knowledge of the
requirements of state and local law, including, but not limited to the California
Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.,
5.1162—Palm Mountain Resort Reimbursement Amendment Agreement 92 Page 1 of 7
��
Focused Entitlement and Contract Planning Services—LSA Contract#2 P•�OF�;�^r��''�'�
"CEQA") and the State Guidelines (14 California Code of Regulations section 15000
et seq., the "Guidelines") and the Palm Springs Municipal Code.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
PROMISES CONTAINED IN THIS AMENDMENT #1, DEVELOPER AND CITY
AGREE AS FOLLOWS:
1. Engagement of Contractor. City shall engage Contractor in accordance
with the additional professional services agreement identified as Exhibit 1 to this
Amendment #1. Contractor shall be responsible only to City, and nothing in this
Amendment #1 imposes any obligation on City or Contractor to Developer other
than to devote the time and attention to preparing a legally adequate environmental
impact report for the Project and related work. City shall provide direction and
guidance to Contractor. Contractor's contact(s) withDevelooer shall only be
through Director or the Director's designees. Developer, its agents, employees,
consultants representatives, or 2artners shall not contact Contractor directly in an
manner unless at a public hearing, meetinq, or workshop or as expressly authorized
by the Director.
2. Reimbursement.
a. Contractor's Invoices
Developer shall reimburse the City of Palm Springs for the additional
costs set forth in Amendment #1 Reimbursement Agreement #2
dated January 11, 2008 in the amount of $5,500 00 for employing
Contractor as shown in Exhibit "2" of this Amendment #1; plus
b. Surcharges for Administrative Costs and Contingencies
A maximum City administrative surcharge of twelve and one-half
percent (12.5%) of $5,500.00 = $687.50 = $6,187,50 shall apply to
this Amendment 91; and
The parties recognize that no additional changes in the scope of the
work may be necessitated during the process of preparing the
requisite documents and related studies.
C. Reimbursement Procedures
(1) The full amount of this contract $6,18750 is due and payable on
the signing of this Reimbursement Agreement#2 Amendment#1, and
(2) With the payment to the City of Palm Springs of $6,187.50 by
Developer as set forth in Amendment #1 for additional services
performed by Contractor, LSA Associates, Inc,. Contractor and the
City of Palm Springs shall have been paid in full for both
5 1162—Palm Mountain Resort Reimbursement Amendment Agreement#2 Page 2 of 7
Focused Entitlement and Contract Planning Services—LSA Contract#2
Reimbursement Agreements #1 and #2, each dated January 11,
2008,
(3) It is agreed that except as set forth herein, no further work is to be
performed by Contractor or the City of Palm Springs under
Reimbursement Agreements 91 & #2 — Project 5.1162-PD-342.
Developer shall honor all requests for payment submitted by the City
for services of Contractor as stated above. Failure to reimburse the
City for costs as provided in this Amendment #1 shall be deemed a
material breach of this Amendment #1.
3. Relationship_ to Other Charges. Developer and City agree that the
expenditures associated with this Amendment #1 are in addition to the standard
development application fees, as well as the hourly charge being reimbursed by
Developer for City planners working on the Project and for legal services.
4. No Promise or Representation. Developer and City agree that nothing
in this Amendment #1 is to be construed as a representation, promise, or
commitment on the part of City to give special treatment to, or exercise its discretion
favorably for the Project, it being understood that Developer's reimbursement
obligation under Amendment #1 is undertaken without regard to City's actions
regarding the Project
5. Term. Amendment #1 shall become effective at the time of signing
and will continue until completed or no later than March 31, 2008
6. Termination. Amendment #1 shall terminate on completion of
contracts by LSA Associates, but may be terminated earlier by Developer or City, by
giving thirty (30) days' written notice to the other. Upon such termination, Developer
shall immediately pay any outstanding invoices, as well as pay for any work
performed by Contractor through effective date of termination. The City
administrative surcharge of 15% shall apply on outstanding invoices-
7- Entire Amendment #1. This Amendment #1 and its attachments
constitute the entire Amendment t #1 between the Developer and City respecting
the matters set forth herein. City and Developer each represent that neither has
relied on any promise, inducement, representation, or other statement made in
connection with Amendment#1 that is not expressly contained herein.
8. Negotiated Amendment#1. It is agreed and understood by Developer
and City that Amendment #1 has been arrived at through negotiations and that
neither is deemed the party which prepared Amendment t #1 within the meaning of
Civil Code Section 1654.
9. Assignment. Neither City nor Developer shall have the right to assign
its respective rights and obligations hereunder without the written consent
5.1162—Palm Mountain Resort Reimbursement Amendment Agreement#2 Page 3 of 7
Focused Entitlement and Contract Planning Services—L$A Contract#2
of the other party. This Amendment #1 shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives,
successors, and assigns.
10. Amendment. This Amendment #1 may be amended, modified, or
supplemented only in writing by both City and Developer.
11. Contracting Officer. The contracting officer of City, and the only entity
authorized by law to make or amend Amendment #1 on behalf of City, is the City
Council of the City-
12. Waiver. The failure of a party hereto at any time or times to require
performance of any provision hereof shall in no manner affect its right at a later time
to enforce the same. No waiver by a party of any condition or of any breach of any
term contained in this Amendment #1 shall be effective unless in writing, and no
waiver in any one or more instances shall be deemed to be a further or continuing
waiver of any such condition or breach in any other instance or a waiver of any
other condition or breach of any other term.
13. Governing Law. This Amendment 41 shall be construed, interpreted,
and applied in accordance with the laws of the State of California applicable to
commercial contracts entered into and to be performed wholly in California.
14. Construction. The language in all parts of this Amendment#1 shall be
construed, in all cases, according to its fair meaning. The parties acknowledge that
each party has reviewed this Amendment 41 and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this Amendment#1.
15. Conflict with Professional Services Amendment #1 between
Contractor and City. In the event of a conflict between the provisions of this
Amendment #1 and the Professional Services Agreement between City and
Contractor, the provisions of the original Agreement and this Amendment #1 shall
govern.
16. Relationship of Parties The parties agree that this Amendment #1
establishes only a reimbursement arrangement between the parties, and that the
parties are not joint venturers or partners
17. Indemnification. Developer agrees to defend, indemnify and hold City
harmless in any action brought by any third party in which the authority of the City to
enter into this Amendment#1 or the validity of this Amendment#1 is challenged.
18. Notices- Notice to the parties in connection with this Amendment #1
shall be given personally or by regular mail addressed as follows:
City: Mr. Craig A- Ewing, AICP
Director of Planning Services
City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
5.1152—Palm Mountain Resort Reimbursement Amendment Agreement#2 Page 4 of 7
Focused Entitlement and Contract Planning services—LSA Contract#2
Developer: Mr. William H. McWethy, Owner
Palm Mountain Resort, LP
11250 El Camino Real, Suite 100
San Diego, CA 92130
Notice shall be deemed effective at the time of personal delivery or seventy-
two (72) hours after mailing by certified mail, return receipt requested.
IN WITNESS WHEREOF, Developer and City have executed Amendment
#1 to be effective on the date first above written.
CITY OF PALM SPRINGS
By: �r-
David Ready, D
City Manager
Developer/Applicant:
PALM MOUNTAIN RESORT L.P.
By: TWA 4
Name: William H. McWethy
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_ ATTEST TO: Um\OJVQSMU�c �✓
4PPROUED BY CIIY ANAG ' lJ
Clerk d /C,,3 �
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Approve /form: APPROVED BY CITY MANAGER
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Not To Exceed $
WithoUt Th. Express i ers
AaotE orizatio6j Of The vity
Manager,
5 1162—Palm Mountain Resort Reimbursement Amendment Agreement#2 Page 5 or 7
Focused Entitlement and Contract Planning services—LSA Contract#2
_ EXHIBIT "1"
REIMBURSEMENT AGREEMENT#2,
AMENDMENT#1
SCOPE OF ADDITIONAL WORK AND SERVICES
AND SCHEDULE OF PERFORMANCE
Contractor will provide the services outlined in the original Agreement/Contract
A53583-2 and the Additional Services outlined in the attached for the Palm Mountain
Resort and Spa, Project 5.1162-PD-342 the redevelop of an existing 55-year old 120-
room hotel into a renovated 194-room two and three-story hotel on 2.8 acres at 155
South Belardo Road, Zone R3, Section 15.
In addition to the previously approved Scope of Work, LSA will complete the
following efforts:
1. Attend One additional Planning Commission Meeting
2. Prepare additional Draft Planning Commission Reports
3. Prepare for meetings/telephone conferences, etc.
4. Additional project management time as a result of the project time
period
5. One additional City Council meeting
6. Review and comment on revised site plan
NOTES: The original contract specified two Planning Commission and one City
Council meetings: LSA attended and prepared for three Planning Commission
meetings and two City Council meetings. Through the beginning of April 2008, the
project has extended 7.5 months, including the recent City Council review.
5.1162—Palm Mountain Resort Reimbursement Amendment Agreement#2 Page 6 of 7
Focused Entitlement and Contract Planning Services—LSA Contract#2
EXHIBIT "2"
REIMBURSEMENT AGREEMENT#2
AMENDMENT #1 -Revised
SCHEDULE OF COMPENSATION
Client agrees to compensate Contractor for such services as shown below, and
Contractor will complete all work outlined in the original Agreement/Contract and
those listed as Additional Services in accordance with the fee schedule identified
below and will invoice Client accordingly.
As this project has developed in unexpected directions, the budget has expanded
and will require $5,500-00 in order to complete the work described above. LSA has
completed all work and it does not exceed this estimate.
Cost to complete contract and additional services $ 5,600.00
12.5% Planning Administrative fees 687.50
TOTAL REIMBURSEMENT FOR AMENDMENT #1 $6,187.50
5.1162—Palm Mountain Resort Reimbursement Amendment Agreement#2 Page 7 of 7
Focused Entitlement and Contract Planning Services t.SA Contract#2
CITY OF PALM SPRINGS
REIMBURSEMENT AGREEMENT #1
PREPARATION OF ENVIRONMENTAL REVIEW SERVICES AND
TECHNICAL STUDIES— CONTRACT 41
WITH LSA ASSOCIATES, INC. FOR
PALM MOUNTAIN RESORT, PROJECT NO, 5.1162-PD-342
THIS REIMBURSEMENT AGREEMENT, hereinafter "Agreement', is entered into
this 1 1 th f day of�AauA0_%f, 200$ by and between the CITY OF PALM
SPRINGS, a California charter city, the "City", and PALM MOUNTAIN RESORT,
LP, hereinafter, the "Developer', with reference to the following facts and
circumstances!
RECITALS
A. Developer has applied to the City of Palm Springs for approval of
various development permits for the Palm Mountain Resort and Spa Development
Proposal referred to herein as the "Project." The Project seeks all necessary City
permits, approvals, and environmental review.
B. Due to the magnitude and complexity of the Project, the Director of
the Planning, hereinafter "Director', and Developer have agreed that it is
necessary and desirable that City engage LSA Associates, Inc., hereinafter,
"Contractor", to prepare technical studies, environmental reviews, attend public
hearings and meetings on the Project, and perform related work, including
appropriate planning services as needed to ensure timely project review.
Contractor shall perform the Scope of Work specified in the professional services
contracts between City and Contractor, attached to this Agreement as "Exhibit 1."
Director shall manage the Project work performed by Contractor.
C. City and Developer hereby agree that City shall engage Contractor to
provide the services set forth in Exhibit 1 of this Agreement-
D. A fundamental premise of this Agreement is that nothing herein is to
be construed as a representation, promise, or commitment on the part of City to
give special treatment to, or exercise its discretion favorably for the Project, in
exchange for Developers obligation to reimburse City for the cost of retaining
Contractor.
E. City and Developer make this Agreement with full knowledge of the
requirements of state and local law, including, but not limited to the California
Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.,
"CEQA") and the State Guidelines (14 California Code of Regulations section
15000 et seq., the "Guidelines") and the Palm Springs Municipal Code.
5,1162—Palm Mountain Resort Reimbursement Agreement 41 Page 1 or 12
Environmental Review and Technical Studies �1^;"�,�,�d.
r
lr4�vJi�J�i"�i Ew��-e 4.14�.V 6
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
PROMISES CONTAINED IN THIS AGREEMENT, DEVELOPER AND CITY
AGREE AS FOLLOWS:
1. Engagement of Contractor. City shall engage Contractor in
accordance with the professional services agreement identified as Exhibit 1 to
this Agreement. Contractor shall be responsible only to City, and nothing in this
Agreement imposes any obligation on City or Contractor to Developer other than
to devote the time and attention to preparing a legally adequate environmental
impact report for the Project and related work. City shall provide direction and
guidance to Contractor. Contractor's contact(s) with Developer shall only be
through Director or the Director's designees. Developer, its agents, employees,
consultants, representatives, or partners shall not contact Contractor directly in
any manner unless at_a public hearing, meeting, or workshop or as expressly
authorized by the Director.
2. Reimbursement.
a. Contractor's Invoices
Developer shall reimburse the City of Palm Springs for the full cost
of LSA Contract No. #1 in the amount of $14,500.00 for employing
Contractor as shown in Exhibit "1" of this Agreement; plus
b. 5urcharnes for Administrative Costs and Contingencies
A maximum City administrative surcharge of twelve and one-half
percent (12.5%) of $14,500.00 + $1,812.50, plus a contract
processing and imaging fee of$260.00 = $16,572.50; and
The parties recognize that changes in the scope of the work may be
necessitated during the process of preparing the requisite
documents and related studies. The Developer shall bear the costs
of such changes.
c. Reimbursement Procedures
The full amount of this contract $16,572.50 is due and payable in
two installments as follows:
(1) 8 416.25 at the time of signing this Reimbursement
Agreement, or before November 30, 2007 whichever
occurs first; and
(2) $8,16625 on or before January 10, 2008; and
5.1162— Palm Mountain Resort Reimbursement Agreement#1 Page 2 of 12
Environmental Review and Technical Studies
(3) Additional costs as incurred and agreed to by all
parties.
Developer shall honor all requests for payment submitted by the City
for services of Contractor as stated above. Failure to reimburse the
City for costs as provided in this Agreement shall be deemed a
material breach of this Agreement.
3. Relationship to Other Charges. Developer and City agree that the
expenditures associated with this Agreement are in addition to the standard
development application fees, as well as the hourly charge being reimbursed by
Developer for City planners working on the Project and for legal services.
4. No Promise or Representation. Developer and City agree that
nothing in this Agreement is to be construed as a representation, promise, or
commitment on the part of City to give special treatment to, or exercise its
discretion favorably for the Project, it being understood that Developer's
reimbursement obligation under Agreement is undertaken without regard to City's
actions regarding the Project.
5. Term. Agreement shall become effective at the time of application
to the City for Project 5.1162 and continue until completed or no later than
February 28, 2008, unless terminated pursuant to Paragraph 6 of Agreement or
extension is applied for and approved by the City-
6- -.Termination. Agreement shall terminate on completion of contracts
by LSA Associates, but may be terminated earlier by Developer or City, by giving
thirty (30) days' written notice to the other. Upon such termination, Developer shall
immediately pay any outstanding invoices, as well as pay for any work performed
by Contractor through effective date of termination. The City administrative
surcharge of 15% shall apply on outstanding invoices.
7. Entire Agreement. This Agreement and its attachments constitute
the entire agreement between the Developer and City respecting the matters set
forth herein. City and Developer each represent that neither has relied on any
promise, inducement, representation, or other statement made in connection with
Agreement that is not expressly contained herein.
8. Negotiated Agreement. It is agreed and understood by Developer
and City that Agreement has been arrived at through negotiations and that neither
is deemed the party which prepared Agreement within the meaning of Civil Code
Section 1654.
9. Assignment. Neither City nor Developer shall have the right to
assign its respective rights and obligations hereunder without the written consent
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 3 of 12
Environmental Review and Technical Studies
of the other party- This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal representatives,
successors, and assigns.
10. Amendment- This Agreement may be amended, modified, or
supplemented only in writing by both City and Developer.
11. Contracting Officer. The contracting officer of City, and the only
entity authorized by law to make or amend Agreement on behalf of City, is the
City Council of the City.
12. Waiver. The failure of a party hereto at any time or times to require
performance of any provision hereof shall in no manner affect its right at a later
time to enforce the same. No waiver by a party of any condition or of any breach
of any term contained in this Agreement shall be effective unless in writing, and
no waiver in any one or more instances shall be deemed to be a further or
continuing waiver of any such condition or breach in any other instance or a
waiver of any other condition or breach of any other term-
13. Governina Law- This Agreement shall be construed, interpreted,
and applied in accordance with the laws of the State of California applicable to
commercial contracts entered into and to be performed wholly in California.
14- Construction. The language in all parts of this Agreement shall be
construed, in all cases, according to its fair meaning- The parties acknowledge
that each party has reviewed this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement-
15. Conflict with Professional Services Agreement between Contractor
and Cit . In the event of a conflict between the provisions of this Agreement and
the Professional Services Agreement between City and Contractor, the provisions
of this Agreement shall govern.
16. Relationship of Parties- The parties agree that this Agreement
establishes only a reimbursement arrangement between the parties, and that the
parties are not joint venturers or partners.
17. Indemnification- Developer agrees to defend, indemnify and hold
City harmless in any action brought by any third party in which the authority of the
City to enter into this Agreement or the validity of this Agreement is challenged.
18, Notices. Notice to the parties in connection with this Agreement
shall be given personally or by regular mail addressed as follows:
City: Mr. Craig A. Ewing, AICP
Director of Planning Services
City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
5,1162—Palm Mountain Resort Reimbursement Agreement#1 Page 4 of 12
Environmental Review and Technical Studies
Developer: Mr. William H. McWethy, Owner
Palm Mountain Resort, LP
11250 El Camino Real, Suite 100
San Diego, CA 92130
Notice shall be deemed effective at the time of personal delivery or
seventy-two (72) hours after mailing by certified mail, return receipt requested.
IN WITNESS WHEREOF, Developer and City have executed Agreement to
be effective on the date first above written.
CITY OF PALM SPRINGS
AFPROVED By CITY MANGER
David Rea i Hager
dy,
Developer/Applicant:
PALM MOUNTAIN RESORT L.P.
By:
Name: William H. McWethy
Its: JIiv+l kPr� r?�crl`u�r
A EST TO:
ty Clerk o i d V �2oU8
Approved a 4',Q,jorm:
By. � r
Title: 4 /
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 5 of 12
Environmental Review and Technical Studies
EXHIBIT "V
LSA CONTRACT ##1
PROJECT UNDERSTANDING AND SCOPE OF SERVICES
Contractor agrees to perform the following Scope of Services for Environmental Review
Services and Technical Studies for the Palm Mountain Resort Project No. 5.1162-PD-342
under the terms of Contract#1.
Project Understanding
The proposed project entails the demolition of certain structures at the Palm Mountain
Resort and Spa and the construction of new structures for the expansion of lodging and
administration functions associated with the resort on the 2.77-acre parcel between
Belardo and Cahuilla Roads south of Tahquitz Canyon Way. The project will involve the
following improvements:
• Amend the General Plan to allow 70 hotel units per acre
• Re-zone the parcel to PDD Overlay (Planned Development over Central Business
District)
• Total room count of 194 in multiple buildings of two to three stories each (35 feet)
• Reduction of space dedicated to ancillary uses from 11,000 to 1,500 square feet
• Reduction of overall site coverage from 28% to 24%
City approvals of this project will include Architectural Review, Conceptual Site Plan
approval or equivalent, sign plan approval, PDD approval, and General Plan Amendment.
In addition, the City must approve the environmental document. The City may identify
additional procedural steps, as necessary.
DATA TO BE PROVIDED BY THE APPLICANT AND BY THE CITY
Data to be Provided by Applicant
Prior to commencing major work, the applicant must provide the City and LSA with a
detailed project description, including the following.
• Project location and parcel map
• Existing site topography as available
• General Plan, General Plan Update, and General Plan EIR
• Proposed project characteristics including conceptual site plan, description of
building improvements (square feet, number of stories, etc), outdoor
improvements, — parking lots with number of spaces, conceptual landscape plan,
proposed sign program, proposed modifications to existing buildings
• Proposed project entitlement actions: General Plan Amendment, site plan
approval, architectural approval, etc.
Prior to preparation of the environmental document, the applicant must provide the
following environmental technical studies, as may be required by the City; these reports
need to be reviewed and approved by the City Department with appropriate expertise:
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 6 of 12
Environmental Review and Technical Studies
• Cultural Resources Study (if needed)
• Biological Resources Study(if needed)
Traffic Study (to be prepared by Endo Engineering)
• Air Quality Study (if required)
• Noise Study (if required)
• Geotechnical Study (if needed)
• Hydrology Study(if needed)
• Phase 1 Hazardous Materials Assessment (If needed)
LSA also can prepare, at additional fee, the cultural resources, biological resources,
noise, and air quality studies as necessary.
Notes on Technical Studies:
The City may determine that existing information prepared for the City's General Plan
Update is adequate to cover geotechnical and hydrology issues at a level adequate for
CEQA approval.
Given the small scale of the project site, the City may determine that neither an air quality
study nor a noise study is required. Any noise study would focus on neighborhood
compatibility. If requested, LSA can provide a scope of work and budget to prepare any
of items 1-5, listed above; items 6-7, as required, must be prepared by an engineer with
requisite qualifications.
Prior to the distribution of the environmental document and any meeting notices, the
applicant must provide the City/LSA with a list of property owners within 300 feet or other
noticing areas established by the City.
Data to be Provided by the City
LSA assumes the City will provide the following information:
• Approved project description
• Approved technical studies
• Standard City mailing list
• Examples of City documents and formats
• Review and comment regarding LSA products
LSA SCOPE OF SERVICES — CONTRACT #1
Project Management, Coordination, and Administration.
LSA will perform project management duties for the environmental review component of
the project to assure a cost-efficient and quality process. The City will oversee the
application process and serve as the conduit of information between applicant and LSA
where the technical studies do not originate with LSA. In particular, LSA will do the
following:
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 7 of 12
Environmental Review and Technical Sludies
• Manage project and track status; identify issues; coordinate resolution
Prepare and maintain the project schedule
• Prepare the environmental initial study and make recommendations regarding the
type of environmental document to be required
Prepare public notices as required and maintain the project distribution list.
NOTE- this scope assumes that any newspaper advertisements or mailings will
be performed by the City, except as noted below. If requested to perform this
task, LSA can pay for such advertisements or mailings with direct costs
reimbursement.
• Prepare monthly project documentation and invoicing
LSA will take a proactive approach to ensure the timely resolution of issues. NOTE- this
budget assumes that the project will extend no longer than eight months. If the project
extends further, then the budget for project management will require adjustment for
additional meetings, monthly documentation, etc. The budget assumes one presentation
before the City Council, one presentation before the Planning Commission, and one
presentation before the Architectural Review Committee. Attendance at additional
meetings will be charged according to LSA's standard hourly rates (attached).
Time is of the Essence
LSA recognizes that lodging uses, with their associated transient occupancy taxes, are
extremely important to local government finances, and that time is of the essence in
completing this work.
Critical Focus on Technical Studies
Based upon our review of available data, LSA suggests that, early on, the City, the
applicant, and LSA focus on identifying the requirements and scope of work for any
additional technical studies, as the critical path leads through these efforts. We suggest
that City staff with applicable expertise attend any such meeting in order to achieve
consensus on the need for, scope, and schedule of any such studies. In LSA's
experience, the preparation of any traffic studies is the pacing item in more than half the
environmental documents the firm prepares.
Coordination with the City of Palm Springs
As necessary, LSA will prepare for and attend monthly project team meetings with the
City and applicant regarding planning and environmental processing of documents,
resolution of issues, strategy development, etc. LSA will coordinate with affected
departments of the City via attendance at meetings as well as direct contact. Concerns
and issues expressed by agency representatives will be documented to ensure that
expressed concerns are recorded and addressed. Furthermore, the appropriate City
departments, such as fire, police, building, and engineering, will provide LSA with
pertinent conditions of approval for inclusion in the reports as they move forward.
Preparation of Environmental Document
Working in consultation with the agencies and with technical studies provided by the
applicant, LSA will prepare an Initial Study per the City's CEQA guidelines. LSA's
proposed budget is based upon a Mitigated Negative Declaration.
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 8 of 12
Environmental Review and Technical Studies
LSA will prepare the required CEQA notices to notify required agencies and the general
public that an environmental document is being prepared. These notifications include a
Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration
(NOI) and a Notice of Determination (NOD) of the lead agency's final action. LSA will
coordinate circulation of the document through the State Clearinghouse, if required. LSA
also will coordinate the filing of the NOD with the County of Riverside. The budget
assumes that the City or the applicant will pay the requisite filing fee.
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 9 of 12
Environmental Review and Technical Studies
EXHIBIT "2"
LSA CONTRACT - #1
SCHEDULE OF COMPENSATION & PROJECT COSTS
Contractor proposes to accomplish the following tasks on an hourly basis consistent with
LSA's standard billing rates.
TASK PROJECT COSTS
Pro ect Mana ement, Meetin Attendance and Administration $ 2,000.00
Initial Study 10,000,00
Notice of Availability 500.00
Response to Comments/Revise MND 10 Hour Maximum 1,500.00
Notice of Determination 500.00
Total Estimated Budget $ 14,500.00*
City of Palm Springs—Planning Administration Fees 12.5% $1,812.50
City of Palm Springs —Contract Imaging & Processing Fee 260.00
TOTAL REIMBURSEMENT AGREEMENT#1 $16,572.50
NOTE: This budget assumes that the City and/or applicant will pay all necessary filing
fees (e.g., Fish and Game fee at the time of filing of the Notice of Determination), and the
City will pay for any necessary public notices.
This budget will not be exceeded without the express approval of the City of Palm
Springs. LSA can conduct authorized additional tasks not included in the above scope of
work on a time and materials basis according to the attached rates.
"Reimbursables due LSA for out-of-pocket expenses shall not exceed 10% of the LSA
contract and shall be due and payable upon invoice to Palm Mountain Resort & Spa by
the City of Palm Springs with supporting documentation provided.
5.1162— Palm Mountain Resort Reimbursement Agreement#1 Page 10 of 12
Environmental Review and Technical Studies
EXHIBIT "Y
LSA CONTRACT#1
SCHEDULE OF PERFORMANCE BY CONTRACTOR
The following table shows typical durations of the primary steps listed above. Note that
certain LSA tasks are particularly subject to the critical path of tasks outside the firm's
purview. For example, completion of the Initial Study is subject to the availability of
various technical studies.
Critical Path Task Responsibility Time Length
1. Notice to proceed City n/a
2. Meeting with City and Applicant LSA n/a
3. Issue Resolution: GPA Approach, All 1-2 weeks
Traffic Approach, Biological
Resources, Cultural Resources
4. Preparation of Traffic Impact Endo Engineering 2-3 weeks
Analysis
5. Preparation of Initial Study (after LSA 2-3 weeks
review and approval of all
technica_I studies „
6. Lead Agency review (City) City 1-2 weeks
7. Prepare Distribution List LSA (with input from 1 week (in parallel
City and Applicant) with Ste 5).
8. Revise Initial Study per City LSA 2 days
comments
9. Posting and circulation of Notice City 3-4 weeks (20 day
of Intent (NOI) minimum County
Clerkposting)
10. Architectural Review meeting City During IS/MND
review period
11. Planning Commission Staff LSA 3 weeks during IS/
Report preparation, review, and MIND review period
revision
12. Planning Commission meeting City Per calendar
13. Pre aration and recircul p ation of LSA One month
_ MND (if necessary)
14. Preparation of City Council Staff LSA 2 weeks
Report, review, and revision
15. City Council meeting City One month (for
scheduling)
16_ Notice of Determination LSA 2 days
preparation, review, revision, and
A number of tasks can be accomplished concurrently. For example, staff report preparation and
review generally takes place during the period between scheduled hearings and, generally, can be
achieved within that span of time. The exception is when a project is of particular political
sensitivity, and reports require sequential review by such atypical staff as the City Attorney or City
Manager. The degree to which the project is sensitive to particular interests should come to light
early in the process, and a more solid schedule will become apparent.
5,1162—Palm Mountain Resort Reimbursement Agreement#1 Page 11 of 12
Environmental Review and Technical Studies
EXHIBIT "4"
LSA IN-HOUSE FEES
LSA IN-HOUSE DIRECT EXPENSES Unit Cost
Reproduction $0.10 per
Color Reproduction (8.5 x 11) $1.00 per page
Color Reproduction (11 x 17) $3.00 per page
Mileage
Road $0.485 per mile
Off-Road _ $0.635 per mile
Facsimile _ $1.00 per page
CD Production $5.00 per CD
Plotting $5.00 per linear ft.
Diazo Printing _ $0.20 per sq.
ft-
Film_developing billed separately as a direct cost) $5.00 per roll
Disposable camera and film (developing billed separately as a $10.00 per camera
direct cost
Search of S ecialized Data Bases—
$100.00_per inquiry
GPS Unit _ _ $100.00 per day
Aerial Photos $200.00 er photo
5.1162—Palm Mountain Resort Reimbursement Agreement#1 Page 12 of 12
Environmental Review and Technical Studies
CITY OF PALM SPRINGS
REIMBURSEMENT AGREEMENT ##2
PREPARATION OF FOCUSED ENTITLEMENT AND
CONTRACT PLANNING SERVICES -- CONTRACT #2
WITH LSA ASSOCIATES, INC. FOR
PALM MOUNTAIN RESORT, PROJECT NO, 5.1162-PD-342
THIS REIMBURSEMENT AGREEMENT, hereinafter "Agreement", is entered into
this o 0 thO day o£� aOAaY , 20Ce. by and between the CITY OF PALM
SPRINGS, a California charter city, the "City", and PALM MOUNTAIN RESORT,
LP, hereinafter, the "Developer", with reference to the following facts and
circumstances:
RECITALS
A. Developer has applied to the City of Palm Springs for approval of
various development permits for the Palm Mountain Resort and Spa Development
Proposal referred to herein as the "Project." The Project seeks all necessary City
permits, approvals, and environmental review.
B. Due to the magnitude and complexity of the Project, the Director of
the Planning, hereinafter "Director", and Developer have agreed that it is
necessary and desirable that City engage LSA Associates, Inc., hereinafter,
"Contractor", to prepare focused entitlement documents, technical studies, attend
public hearings and meetings on the Project, and perform related work, including
appropriate planning services as needed to ensure timely project review.
Contractor shall perform the Scope of Work specified in the professional services
contracts between City and Contractor, attached to this Agreement as "Exhibit 1."
Director shall manage the Project work performed by Contractor.
C. City and Developer hereby agree that City shall engage Contractor to
provide the services set forth in Exhibit 1 of this Agreement.
D. A fundamental premise of this Agreement is that nothing herein is to
be construed as a representation, promise, or commitment on the part of City to
give special treatment to, or exercise its discretion favorably for the Project, in
exchange for Developer's obligation to reimburse City for the cost of retaining
Contractor-
E. City and Developer make this Agreement with full knowledge of the
requirements of state and local law, including, but not limited to the California
Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.,
"CEQA") and the State Guidelines (14 California Code of Regulations section
15000 et seq., the "Guidelines") and the Palm Springs Municipal Code.
5.1162—Palm Mountain Resort Reimbursement Agreement 92 Page 1 of 11
Focused Entitlement and contract Planning Servicos 0uG�GVu1 1I- -71 D
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
PROMISES CONTAINED IN THIS AGREEMENT, DEVELOPER AND CITY
AGREE AS FOLLOWS:
1. Engagement of Contractor. City shall engage Contractor in
accordance with the professional services agreement identified as Exhibit 1 to
this Agreement_ Contractor shall be responsible only to City, and nothing in this
Agreement imposes any obligation on City or Contractor to Developer other than
to devote the time and attention to preparing a legally adequate environmental
impact report for the Project and related work. City shall provide direction and
guidance to Contractor. Contractor's contacl(s) with Developer shall only be
through Director or the Director's designees. Developer, its agents, employees,
consultants, representatives, or, partners shall not contact Contractor directly in
anV manner unless at a public hearing, meeting, or workshop or as expressly
authorized by the Director.
2. Reimbursement.
a. Contractor's Invoices
Developer shall reimburse the City of Palm Springs for the cost of
Contract No. #2 in the amount of $20,000.00 for employing
Contractor as shown in Exhibit "I" of this Agreement; plus
b. Surcharges for Administrative Costs and Contingencies
A maximum City administrative surcharge of twelve and one-half
percent (12.5%) of $20,000.00 = $2,500.00, plus a contract
processing and imaging fee of $260.00 = $22,760.00 shall apply to
this Agreement; and
The parties recognize that changes in the scope of the work may be
necessitated during the process of preparing the requisite
documents and related studies. The Developer shall bear the costs
of such changes.
c. Reimbursement Procedures
The full amount of this contract $22,760.00 is due and payable in
two installments as follows:
(1) $11,510,00 at the time of signing this Reimbursement
Agreement, or before November 30, 2007 whichever
occurs first; and
5.1162—Palm Mountain Resort Reimbursement Agreement it2 Page 2 of 11
Focused Entitlement and Contract Planning Services
(2) $11,250.00 on or before January 10, 2008; and
(3) Additional costs as incurred and agreed to by all
parties.
Developer shall honor all requests for payment submitted by the City
for services of Contractor as stated above. Failure to reimburse the
City for costs as provided in this Agreement shall be deemed a
material breach of this Agreement.
3. Relationship to Other Charges. Developer and City agree that the
expenditures associated with this Agreement are in addition to the standard
development application fees, as well as the hourly charge being reimbursed by
Developer for City planners working on the Project and for legal services.
4. No Promise or Representation. Developer and City agree that
nothing in this Agreement is to be construed as a representation, promise, or
commitment on the part of City to give special treatment to, or exercise its
discretion favorably for the Project, it being understood that Developers
reimbursement obligation under Agreement is undertaken without regard to City's
actions regarding the Project.
5. Term. Agreement shall become effective at the time of application
to the City for Project 5.1162 and continue until completed or no later than March
31, 2008, unless terminated pursuant to Paragraph 6 or Agreement or extension
is applied for and approved by the City.
6. Termination. Agreement shall terminate on completion of contracts
by LSA Associates, but may be terminated earlier by Developer or City, by giving
thirty (30) days' written notice to the other. Upon such termination, Developer shall
immediately pay any outstanding invoices, as well as pay for any work performed
by Contractor through effective date of termination. The City administrative
surcharge of 15% shall apply on outstanding invoices.
7. Entire Agreement. This Agreement and its attachments constitute
the entire agreement between the Developer and City respecting the matters set
forth herein_ City and Developer each represent that neither has relied on any
promise, inducement, representation, or other statement made in connection with
Agreement that is not expressly contained herein.
8. Negotiated Agreement. It is agreed and understood by Developer
and City that Agreement has been arrived at through negotiations and that neither
is deemed the party which prepared Agreement within the meaning of Civil Code
Section 1654.
9. Assignment. Neither City nor Developer shall have the right to
assign its respective rights and obligations hereunder without the written consent
5.1162—Palm Mountain Resort Reimbursement Agreement#2 Page 3 of 11
Focused Enlillement and Contract Planning Services
of the other party. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, personal representatives,
successors, and assigns.
10. Amendment. This Agreement may be amended, modified, or
supplemented only in writing by both City and Developer.
11. Contracting Officer. The contracting officer of City, and the only
entity authorized by law to make or amend Agreement on behalf of City, is the
City Council of the City.
12. Waiver. The failure of a party hereto at any time or times to require
performance of any provision hereof shall in no manner affect its right at a later
time to enforce the same. No waiver by a party of any condition or of any breach
of any term contained in this Agreement shall be effective unless in writing, and
no waiver in any one or more instances shall be deemed to be a further or
continuing waiver of any such condition or breach in any other instance or a
waiver of any other condition or breach of any other term.
13. Governing�Laro. This Agreement shall be construed, interpreted,
and applied in accordance with the laws of the State of California applicable to
commercial contracts entered into and to be performed wholly in California.
14. Construction. The language in all parts of this Agreement shall be
construed, in all cases, according to its fair meaning. The parties acknowledge
that each party has reviewed this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement.
15. Conflict with Professional Services Agreement between Contractor
and City. In the event of a conflict between the provisions of this Agreement and
the Professional Services Agreement between City and Contractor, the provisions
of this Agreement shall govern.
16. Relationship of Parties. The parties agree that this Agreement
establishes only a reimbursement arrangement between the parties, and that the
parties are not joint venturers or partners.
17. Indemnification. Developer agrees to defend, indemnify and hold
City harmless in any action brought by any third party in which the authority of the
City to enter into this Agreement or the validity of this Agreement is challenged.
18. Notices. Notice to the parties in connection with this Agreement
shall be given personally or by regular mail addressed as follows:
City: Mr. Craig A. Ewing, AICP
Director of Planning Services
City of Palm Springs
PO Box 2743
Palm Springs, CA 92263-2743
5.1162—Palm Mountain Resort Reimbursement Agreement#2 Page 4 of 11
Focused Entitlement and Contract Planning services
Developer: Mr. William H- McWethy, Owner
Palm Mountain Resort, LP
11250 El Camino Real, Suite 100
San Diego, CA 92130
Notice shall be deemed effective at the time of personal delivery or
seventy-two (72) hours after mailing by certified mail, return receipt requested.
IN WITNESS WHEREOF, Developer and City have executed Agreement to
be effective on the date first above written-
CITY OF PALM SPRINGS
APPROVED BY CITY MANAGER David Ready, City er
Developer/Applicant:
PALM MOUNTAIN RESORT L.F .
By. �Vtzl' / I)Y-2"
Name: William H. McWethy
Its: L,
ATTEST TO:
ty Clerk p t t i Ztj
Approved a form:
By: UL!/v
Title:
5.1162—Palm Mountain Resort Reimbursement Agreement 42 Page 5 oP 11
Focused Entitlement and Contract Planning Services
EXHIBIT fG 1"
LSA CONTRACT #2
PROJECT UNDERSTANDING AND SCOPE OF SERVICES
Contractor agrees to perform the following Scope of Services for Focused Entitlement
and Contract Planning Services for the Palm Mountain Resort Project 5.1162-PD-342
under LSA Contract#2.
Project Understanding
The proposed project entails the demolition of certain structures at the Palm Mountain
Resort and Spa and the construction of new structures for the expansion of lodging and
administration functions associated with the resort on the 2.77-acre parcel between
Belardo and Cahuilla Roads south of Tahquitz Canyon Way. The project will involve the
following improvements:
• Amend the General Plan to allow 70 hotel units per acre
• Re-zone the parcel to PDD Overlay (Planned Development over Central Business
District)
• Total room count of 194 in multiple buildings of two to three stories each (35 feet)
• Reduction of space dedicated to ancillary uses from 11,000 to 1,500 square feet
• Reduction of overall site coverage from 28% to 24%
City approvals of this project will include Architectural Review, Conceptual Site Plan
approval or equivalent, sign plan approval, PDD approval, and General Plan Amendment.
In addition, the City must approve the environmental document. The City may identify
additional procedural steps, as necessary.
Data to be Provided by Applicant
Prior to commencing major work, the applicant must provide the City and LSA with a
detailed project description, including the following:
• Project location and parcel map
• Existing site topography as available
• Proposed project characteristics including conceptual site plan, description of building
improvements (square feet, number of stories, etc), outdoor improvements, parking
lots with number of spaces, conceptual landscape plan, proposed sign program,
proposed modifications to existing buildings
• Proposed project entitlement actions: General Plan Amendment, site plan approval,
architectural approval, etc.
Data to be provided by the City
Contractor assumes that the City will provide LSA with the following information:
• Approved project description
• Approved technical studies
• City standard mailing list
• Examples of City documents and formats
• Review and comment regarding LSA products
5.1162—Palm Mountain Resort Reimbursement Agreement#2 Page 6 of 11
Focused Entitlement and Contract Planning Services
LSA SCOPE Or SERVICES — LSA CONTRACT#2
Project Management, Coordination, and Administration
LSA will perform project management duties for the planning component of the project to
assure a cost efficient and quality process. The City will oversee the application process
and serve as the conduit of information between applicant and LSA. In particular, LSA
will do the following:
• Manage the project and track status; identify issues; coordinate resolution
• Prepare and maintain project schedule
• Prepare public notices as required and maintain the project distribution list. NOTE:
this scope assumes that any newspaper advertisements or mailings will be performed
by the City, except as noted below. If requested to perform this task, LSA can pay
for such advertisements or mailings with direct costs reimbursement.
• Prepare draft and final project staff reports for the Architectural Advisory Committee,
Planning Commission, and the City Council
• Prepare monthly project documentation and invoicing
LSA will take a proactive approach to ensure the timely resolution of issues. NOTE: this
budget assumes that the project will extend no longer than five months. If the project
extends further, then the budget for project management will require adjustment for
additional meetings, monthly documentation, etc. The budget assumes one presentation
before the City Council, potentially two presentations before the Planning Commission,
and potentially two presentations before the Architectural Review Committee.
Attendance at additional meetings will be charged according to LSA's standard hourly
rates (attached).
Time is of the Essence
LSA recognizes that lodging uses, with their associated transient occupancy taxes, are
extremely important to local government finances, and that time is of the essence in
completing this work.
Critical Focus on Technical Studies
Based upon our review of available data, LSA suggests that, early on, the City, the
applicant and LSA focus on identifying the requirement and the scope of work for any
additional technical studies, as the critical path leads through these efforts. Contractor
suggests that City staff with applicable expertise attend any such meeting in order to
reach consensus on the need for, scope, and schedule of any such studies.
Coordination with City of Palm Springs
As necessary, LSA will prepare for and attend monthly project team meetings with the
City and applicant regarding planning and environmental processing of documents,
resolution of issues, strategy development, etc. LSA will coordinate with affected
departments of the City via attendance at meetings as well as direct contact. Concerns
and issues expressed by agency representatives will be documented to ensure that
expressed concerns are recorded and addressed. Furthermore, the appropriate City
departments, such as Fire, Police, Building, and Engineering, will provide LSA with
pertinent conditions of approval for inclusion in the reports as they move forward.
5.1162—Palm Mountain Resort Reimbursemenl Agreement#2 Page 7 of 11
Focused Entitlement and Contract Planning Services
Generate Staff Reports
LSA will prepare the Planning Commission and City Council staff reports per City
standards and format. The City will provide LSA with sample documents to use in
ensuring adherence to those formats. LSA understands that the Architectural Review
Committee does not require a staff report.
The staff reports will include several components:
Project Description
Analysis of project in light of General Plan and Zoning Ordinance including
applicable findings and architectural guidelines
• A recommendation for certification of the environmental review, a recommendation
for approval/denial (with approval subject to review by Planning Director if
requested)
• A recommendation for conditions of approval (if applicable)
• Comments received from the Public and the Planning Commission, with responses
as appropriate
• Findings of Fact for approval or denial
• Amended Recommendations and Findings as directed by the Planning
Commission if appropriate
• Resolutions and Ordinances as required
5,1162—Palm Mountain Resorl Reimbursement Agreement#2 Page 8 of 11
Focused Entitlement and Contract Planning Services
EXHIBIT # 2
LSA CONTRACT #2
SCHEDULE OF COMPENSATION
Client agrees to compensate Contractor for such services as shown below.
Contractor shall complete the work outlined above in accordance with the fees schedule
identified below and shall invoice Client on a monthly basis on the percentage of
completion.
Contractor proposes to accomplish these tasks on an hourly basis consistent with the
billing rates. The following summarizes the proposed tasks described above.
BUDGET SUMMARY
LSA proposes to accomplish these tasks on an hourly basis consistent with the firm's
standard billing rates. Following Is a summary of the proposed tasks described above.
Tasks Estimated Budget
Project management, meeting attendance and administration $ 8,000.00
Architectural Committee meeting(s) 2,500.00
Planning Commission staff report and meeting 6,000,00
City Council staff report and meeting 3,500.00
Total estimated budget $ 20,000.00-
City of Palm Springs Planning Administration Fee 12,5% 2,500.00
City of Palm Springs —Contract Imaging and Processin Fee 260.00
TOTAL Reimbursement Agreement#2 $ 22,760.00
NOTE: This budget assumes that the City and/or applicant will pay all necessary filing
fees (e.g., Fish and Game fee at the time of filing of the Notice of Determination), and the
City will pay for any necessary public notices.
This budget will not be exceeded without the express approval of the City of Palm
Springs. LSA can conduct authorized additional tasks not included in the above scope of
work on a time and materials basis according to the attached rates.
"Reimbursables due LSA for out-of-pocket expenses shall not exceed 10% of the LSA
contract and shall be due and payable upon invoice to Palm Mountain Resort & Spa by
the City of Palm Springs with supporting documentation provided.
5.1162—Palm Mountain Resort Reimbursement Agreement#2 Page 9 of 11
Focused Entitlement and Contract Planning Services
EXHIBIT "VP
LSA CONTRACT#2
SCHEDULE OF PERFORMANCE
The following table shows typical durations of the primary steps listed above. Note that
certain LSA tasks are particularly subject to the critical path of tasks outside the firm's
purview. For example, completion of the Initial Study is subject to the availability of
various technical studies.
Critical Path Task Res onsib_i_li Time Length
1. Notice to proceed -City n/a
2. Meeting with City and Applicant LSA n/a
3. Issue Resolution GPA Approach, Traffic All 1-2 weeks
Approach, Biological Resources, Cultural
Resources
4. Preparation of Traffic Impact Analysis LSA 2-3 weeks
5. Preparation of Initial Study (after review and LSA 2-3 weeks
approval of all technical studies)
6. Lead Agency review (City) City 1-2 weeks
7. Prepare Distribution List LSA (with input from 1 week (in parallel
City and Applicant) with Step 5).
8. Revise Initial Study per City comments LSA 2 days
9. Posting and circulation of Notice of Intent City 3-4 weeks (20 day
(NOI) minimum County
Clerkposting)
10. Architectural Review meeting City During IS/MND
review period
11. Planning Commission Staff Report LSA _ 3 weeks during
preparation, review, and revision IS/MND review
_period
12. Planning Commission meetin City Per calendar
13. Preparation and recirculation of MND (if LSA One month
necessary)
14. Preparation of City Council Staff Report, LSA 2 weeks
review, and revision _
15. City Council meeting City _ One month (for
scheduen
16. Architectural Review Meeting (post- City One month
entitlement
17. Planning Commission Meeting (post- City One month
entitlement
A number of tasks can be accomplished concurrently. For example, staff report
preparation and review generally takes place during the period between scheduled
hearings and, generally, can be achieved within that span of time. The exception is when
a project is of particular political sensitivity, and reports require sequential review by such
atypical staff as the City Attorney or City Manager. The degree to which the project is
sensitive to particular interests should come to light early in the process, and a more solid
schedule will become apparent.
5.1162—Palm Mountain Resort Reimbursement Agreement#2 Page 10 of 11
Focused Entitlement and Contract Planning Services
EXHIBIT "4"
LSA IN-HOUSE FEES
LSA IN-WOUSE DIRECT EXPENSES Unit Cost
Reproduction _ _ $0.10 per page
Color Reproduction (8.5 x 11) $1.00 per page
Color Reproduction (11 x 17) _ $3.00 per page
Mileage
Road _ $0.485 per mile
Off-Road $0.635 per mile
Facsimile $1.00 per page_
CD Production __ $5.00 per CD
Plotting___ $5.00 per linear ft.
Diazo Printing _ $0.20 per sq. ft.
Film (developing billed separately as a direct cost) $5.00 per roll _
Disposable camera and film (developing billed separately as a $10.00 per camera
direct cost_ _
Search of Specialized Data Bases __ $100.00 per inquiry
GPS Unit $100.00 per day _
Aerial Photos $200.00 er holo
5.1162—Palm Mountain Resort Reimbursement Agreement 92 Page 11 of 11
Focused Entitlement and Contract Planning Services