HomeMy WebLinkAbout05586 - THE TRAILS AT PALM SPRINGS LLC FOCUSED ENTITLEMENT SERVICES REIMB AGR Page 1 of 1
Kathie Hart
From: Loretta Moffett
Sent: April 09, 2009 2:31 PM
To: Kathie Hart
Subject: RE. A5586-The Trails at Palm Springs LLC - Reimbursement Agreement(A5546 -Terra Nova)
Yes .the reimbursement agreement can be closed ..it's all paid in full.
Loretta Moffett
Ad rimvnaove P.ssistwn-DevcIopmcnt 3:PIann irig Sei vrces
Phonc. 760-323-8270-rfiV 760=32�-8360
L"••mail I nrena Mnrl'cltfii?nalmsonnes'_cngw
From: Kathie Hart
Sent: Thursday, April 09, 2009 2:30 PM
To: Loretta Moffett
Cc: ]ay Thompson
Subject: A5586 -The Trails at Palm Springs LLC- Reimbursement Agreement (A5546 -Terra Nova)
Is this one completed? OK to close?
viz�
Kathie Hart, CMC
Chief beputy City Clerk
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
HIT (760) 323-8206 1 cni (760) 322-8332
® Kathie.HartCrDPolmSprmgsCA,gov
04/09/09
REIMBURSEMENT AGREEMENT for AMENDMENT #1 to the
Focused Entitlement Services Contract Agreement No. A5506 for
"The Trails" at Palm Springs, LLC
Project No. 5.1165-PD-344
THIS AMENDMENT #1 REIMBURSEMENT A'GREEMEN , hereinafter
T
2008, by and between the City of Palm Springs, a California charter city, tfie "City",
and The Trails at Palm Springs, LLC, hereinafter, the "Developer", with reference
to the following facts and circumstances:
RECITALS
A. Developer has applied to City for approval of various development
permits for the "The Trails" 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 TERRA NOVA PLANNING & RESEARCH, INC.
hereinafter, "Contractor", to perform additional focused entitlement and
environmental services, reports, 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 agreement between City and
Contractor, attached to this Amendment #1 Agreement 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 services set forth in Exhibit 1 of this Amendment#1 Agreement.
D. A fundamental premise of this Amendment#1 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 Amendment #1 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.
OR21NAL BID
ANDIOF, AGFEZ"
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED IN THIS AMENDMENT #1 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
Amendment #1 Agreement. Contractor shall be responsible only to City, and
nothing in this Amendment #1 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 cost
($34,450.00) of employing Contractor for additional services required
to complete the focused entitlement and planning services for The
Trails projects as shown in Exhibit "I".
b. Surcharges for Administrative Costs and Contingencies
A maximum City administrative surcharge of twelve and one-half
percent (12.5%) ($4,306.25) shall apply to this Amendment #1
Agreement, plus $260.00 for imaging fees = $39,016.25.
The parties recognize that additional 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 $39,016.25 is due and payable in
advance of entitlements being approved and issued.
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 Agreement shall be
deemed a material breach of this Amendment #1 and the original
Contract Agreement.
5.1165—The Trails at Palm Springs, LLC Reimbursement Amendment#1 Agreement Page 2 of 6
3. Relationship to Other Charges. Developer and City agree that the
expenditures associated with this Amendment #1 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 Amendment #1 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 Amendment #1 Agreement is undertaken without
regard to City's actions regarding the Project.
5. Term. Amendment #1 Agreement shall become effective immediately
and continue until completed, unless terminated pursuant to Paragraph 6 of
Amendment#1 Agreement.
6. Termination. Amendment #1 Agreement shall terminate on completion
of the require additional services, 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 12.5% shall apply on outstanding invoices.
7. Entire Agreement. This Amendment #1 Agreement and its
attachments constitute the entire Contract 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 Amendment #1 Agreement that is not
expressly contained herein.
8. Negotiated Amendment #1 Agreement. It is agreed and understood
by Developer and City that Amendment#1 Agreement has been arrived at through
negotiations and that neither is deemed the party which prepared Amendment #1
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
of the other party. This Amendment#1 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 Amendment #1 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 Amendment#1 Agreement on behalf of
City, is the City Council of the City.
5.1165—The Trails at Palm Springs, LLC Reimbursement Amendment#1 Agreement Page 3 of 6
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 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 Law. This Amendment #1 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 Amendment #1
Agreement shall be construed, in all cases, according to its fair meaning. The
parties acknowledge that each party has reviewed this Amendment #1 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 Amendment#1 Agreement.
15. Conflict with Professional Services Amendment #1 Agreement
between Contractor and Citv. In the event of a conflict between the provisions of
this Amendment #1 Agreement and the Professional Services Agreement between
City and Contractor, the provisions of the original Contract Agreement shall
govern.
16. Relationship of Parties. The parties agree that this Amendment #1
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 Amendment #1 Agreement or the validity of this Amendment
#1 Agreement is challenged.
18. Notices. Notice to the parties in connection with this Amendment #1
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
Telephone 760-323-8245 — Fax 760-322-8360
E-mail: craig.ewing@palmsprings-ca.gov
Developer: Mr. Michael Hutchinson
The Trails at Palm Springs, LLC
1701 North Palm Canyon Drive
Palm Springs, CA 92262
5.1165—The Trails at Palm Springs, LLC Reimbursement Amendment#1 Agreement Page 4 of 6
Telephone 760-325-3916 — Fax 760-327-9182
E-mail: mikeh100@aol.com
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 Agreement to be effective on the date first above written.
The City of Palm Springs
By:
David H. Read
City Manager
The Trails at Palm Springs, LLC
By:
Title: f Vv%cam,.
ATTEST TO: �`� ^"��1
APPROVED BY CITY MANAGER
_ ?dylerk
Approved orm:
By:
4
Title: Ci /Attorne
5.1165—The Trails at Palm Springs, LLC Reimbursement Amendment#1 Agreement Page 5 of 6
EXHIBIT "9"
"The Trails" at Palm Springs, LLC
Project No. 5.1165-PD-344
PROJECT DESCRIPTION:
"The Trails" - A Planned Development District for a mixed-use project that includes
a medical wellness center with modified medical office use, wellness/fitness/spa
center, commercial office, retail/restaurant, condominium hotel and condominium
uses located on South Palm Canyon Drive between Tahquitz Creek Channel,
Mesquite Avenue, and South Belardo Road formerly known as "Fairfield" and/or
"Star Canyon Development."
SCOPE OF ADDITIONAL SERVICES AND COMPENSATION
ADDITIONAL SERVICES:
The City Engineer required the analysis of 33 intersections for the Traffic Study for
the Trails project. The original Contract Agreement estimated the analysis of
eight (8) intersections for the Traffic Study. The additional work required, coupled
with the change to a more expeditious traffic engineering firm, has resulted in
additional costs of$34,450.00.
COMPENSATION:
Client agrees to compensate Consultant for such services as shown below.
Consultant completed the work outlined above in accordance with the fee
schedule identified below and shall invoice Client as work is completed based on
the percentage of completion.
Special Tasks as required by the City Engineer:
Traffic Study and analysis of 25 additional intersections: $ 34,450.00
(total of 33 intersections studied and analyzed)
Planning Administrative Fees 12.5% 4,306.25
Imaging Fees 260,00
TOTAL AMENDMENT#1 COSTS $ 39,016,25
5.1165—The Trails at Palm Springs, LLC Reimbursement Amendment#1 Agreement Page 6 of 6
REIMBURSEMENT AGREEMENT for
Focused Entitlement Services for
"The Trails" at Palm Springs, LLC
Project No. 5.1165-PD-344
THIS REIMBURSEMENT AGREEMENT, hereinafter "Agreement", is
entered into this th day of �zQ4-- , 2007, by and between the City of
Palm Springs, a California charter city: the "City", and The Trails at Palm Springs,
LLC, hereinafter, the "Developer", with reference to the following facts and
circumstances-
RECITALS
A. Developer has applied to City for approval of various development
permits for the "The Trails" 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 TERRA NOVA PLANNING &
RESEARCH, INC. hereinafter, "Contractor", to perform focused entitlement and
environmental services, reports, 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 agreement 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.
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 contacts 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
($71,392.50) of employing Contractor as provided in Exhibit °2" of
this Agreement plus an imaging fee of $260.00 and a filing fee of
$64.00 paid to the Riverside County Clerk to file the Notice of Intent.
b. Surcharges for Administrative Costs and Contingencies
A maximum City administrative surcharge of twelve and one-half
percent (12.5%) ($7,932.50) shall apply to this Agreement, plus
$260.00 for imaging fees and the $64.00 filing fee= $71,716.50 total.
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 $71,716.50 is due and payable in two
installments as follows:
(1) $35,696.25 plus the $260.00 imaging fees and $64.00
filing fee for the NOI ($36.020.25) at the time of signing
this Agreement, or before September 25,2007 which-
ever occurs first, and
(2) $35,696.25 on or before November 15, 2007; and
5.1165—The Trails at Palm Springs, LLC Reimbursement Agreement Page 2 of 8
(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 September 5, 2007 and
continue until completed, unless terminated pursuant to Paragraph 6 of
Agreement.
6. Termination. Agreement shall terminate on March 5, 2008, 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 12.5% 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
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.
5.1165—The Trails at Palm Springs, LLC Reimbursement Agreement Page 3 of 8
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 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 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
Telephone 760-323-8245 — Fax 760-322-8360
E-mail: craig.ewing@palmsprings-ca.gov
5.1165—The Trails at Palm Springs, LLC Reimbursement Agreement Page 4 of 8
Developer: Mr. Michael Hutchinson
The Trails at Palm Springs, LLC
1701 North Palm Canyon Drive
Palm Springs, CA 92262
Telephone 760-325-3916 — Fax 760 327-9182
E-mail: mikeh100@aol.com
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-
The City of Palm Springs
APPRO�EDIlY n� .
VED Y CITY MANA R �
11 '116.G�0 � `¢b
David H. Rem
City Manager
The Trails at Palm Springs, LLC
By:
Nam
Title:
ST�.��
ty Clerk / r
Approved as/�^�t form:
Y J/ ��v.✓Ci�� �j�.fii2l�✓fP L�
By: �-
Title.- AKATZK 7n5�.
5,1165—The Trails at Palm Springs, LLC Reimbursement Agreement Page 5 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State Of California
County of Ri V e-ra i cA e__ 1• ,•_
On Se Q�? al before me, V t V i1-,_, c� rrnOn
Date Name anti ills el 011igx(n g . �np poo,Notary Pu6ll ')
personally appeared 1 ���1� u (1 i �D� _•_
Namo(s)of 6lgner(s)
U personally known to me
C] (or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s)is/are subscribed to the
VIRGINIA HARMON within Instrument and acknowledged to me that
Commission 1735340 t he/she/they executed the same in his/her/their authorized
Notary Public -Calitorr is € capacit'y(ies), and that by his/her/their signatures) on the
Riverslde County instrument the person(s), or the entity upon behalf of
awomn-BOMMU30,2011
which the person(s) acted, executed the instrument.
WITNESS my
my_\h1a-n1d and official seal.
Place Notary Seal Above SignatureS�'Tp�/ -�j� r1'�•�~
Slg Wro of Notary Public
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 ofAttached ocum nt
Title�O
"r Type of Doc ment•
.y��.l� �" vJ) `' •�'T Yrs---Ft Document Date: 1^n.bILA.Q9 a- ___-•_ Number of Pages: [5
Signers) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name!
❑ Individual ❑ Individual
❑ Corporate Off icer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—LJ Limited ❑ GeneralAN
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❑ Attorney in Fact •- 7 Attorney in Fact '
❑ Trustee Top of tnumb liars ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
7 Other: ❑ Other:
Signer Is Representing: Signer Is Representing:-
0 2008 Nallenal Nelary An odmlon•8350 Do Soto Ave,POVfian 2402•Cnatswonh CA 81313-2402 Item No 5907 v809 Reorder C�II Tell•Frnn 1.600.076.6627
EXHIBITI "I"
SCOPE OF SERVICES BY CONTRACTOR
Project Description:
"The Trails" -A Planned Development District for a mixed-use project that includes
a medical wellness center with modified medical office use, wellness/fitness/spa
center, commercial office, retail/restaurant, condominium hotel and condominium
uses located on South Palm Canyon Drive between Tahquitz Creek Channel,
Mesquite Avenue, and South Belardo Road formerly known as "Fairfield" and/or
"Star Canyon Development."
PRELIMINARY SERVICES:
After meeting and review of available materials, the following outlines the scope of
work and budget for the focused entitlement process for the Trails project, located
at the northwest corner of South Palm Canyon Drive and Mesquite. The budget
assumes the preparation of a Mitigated Negative Declaration. The steps in the
process will include:
❑ Terra Nova shall coordinate with City and project designers and engineers to
secure application materials and project descriptions.
❑ Terra Nova shall review application materials for completeness, and make
presentation to City staff DRC regarding proposed project. Terra Nova shall
issue completeness letter, incorporating comments from all City departments
as needed.
❑ Terra Nova shall prepare for and coordinate intra- and inter-agency distribution
of application materials for comment by same.
❑ Terra Nova shall complete an air quality analysis to include moving emissions
and fugitive dust generation for the demolition, construction and operation of
the site. The applicant will provide data on demolition and construction
equipment and grading operations as needed to complete the analysis.
❑ Terra Nova will contract for and manage a traffic study for the site. The study
will include analysis of 8 intersections, assess current conditions, and prepare
mid-day peak, PM peak and daily trip generation expected as a result of project
build out. The impacts of project traffic will be assessed in context, and
recommendations for mitigation, if required, will be made. The results of the
analysis will be integrated into the Initial Study (IS), and the report included as
an Appendix.
❑ Terra Nova will contract for and manage a noise study for the site. The study
will analyze construction and operational noise generation associated with
build out of the project. The analysis will include a comparison of future noise
levels with and without the project, and the impacts of ambient noise on
5.1165—The Trails at Palm Springs, LLC Reimbursement Agreement Page 6 of 8
sensitive receptors. Recommendations for mitigation, if required, will be made.
The results of the study will be integrated into the IS, and the report included as
an Appendix.
❑ Terra Nova shall complete the IS and associated discussions in a format
acceptable to City staff, and submit screencheck for their review. The IS shall
include all required sections of the checklist and associated exhibits. Terra
Nova will rely on the applicant's hydrology study for the Hydrology/1Nater
Resources section of the IS.
❑ City staff shall review the screencheck/administrative copy of Draft IS prior to
its being finalized, and Terra Nova shall amend the screencheck draft
accordingly.
❑ Terra Nova shall print and distribute the EA to the City's responsible agencies
list.
❑ Terra Nova shall prepare response to comments as necessary for inclusion in
Planning Commission and City Council packets. A total of 10 hours is included
for this task. Any additional time needed to complete the response to
comments will be billed on a time and materials basis.
❑ Terra Nova shall coordinate the publication and posting of the Notice of Intent,
Notice of Determination and other CEQA postings as required with the City.
The City will be responsible for publishing and posting all such notices.
❑ Terra Nova will analyze project submittals, coordinate with City departments,
outside agencies, etc., and prepare staff reports, resolutions, and conditions of
approval as needed for Planning Commission and City Council.
❑ Terra Nova will attend public meetings and hearings for project as needed for
AAC (2 meetings), Planning Commission (2 meetings) and City Council (1
meeting). Additional public hearings/meetings will be billed on a time and
materials basis.
❑ Terra Nova may coordinate directly with the project proponent and engineer,
City staff, and others as appropriate.
5.1165—The Trails at Palm Springs, LLC Reimbursement Agreement Page 7 of 8
"EXHIBIT "2"
SCHEDULE OF TASKS & COMPENSATION
Developer agrees to reimburse City for such services provided by Contractor as
described above and shown below.
Based on the level of review and analysis to prepare for Planning Commission and
City Council hearings, the following reflects estimated costs for the project.
Contractor's Description of Tasks and Time Frame Amount
Consultation/Meetings/Coordination
(City, Applicant, internal) (30 hrs.) $ 4,050.00
Data Collection, Application Review, Coordination
&Analysis (48 hrs.) $ 6,480.00
CEQA EA Documentation and Drafting (40 hrs.) $ 5,400.00
Response to Comments (10 hrs.) $ 1,350.00
PC & CC Staff Reports, Resos., Conditions (36 hrs.) $ 4,860.00
Preparation for and attendance at 5 public
meetings/hearings (28 hours) $ 3,780.00
Preparation & Transmittal of Initial Study NOI, NOD,
Public Notices, etc. (16 hours) $ 640.00
Administrative Support $ 1,600.00
Subtotal $ 28,160.00
Special Tasks
*Includes Terra Nova staff hours and subcontract management, analysis, and
documentation.
Traffic Impact Analysis $ 22,000.00
Noise Impact Analysis $ 6,500.00
Air Quality Impact Analysis $ 2,800.00
Subtotal $ 31,300.00
Reimbursables: (Consultant shall provide supporting documents for all reimbursables)
CAD Drafting and Misc. Exhibit Preparation $ 500.00
Miscellaneous and Document Printing $ 2,500.00
Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 1,000.00
Subtotal $ 4,000.00
TOTAL Focused Entitlement Services by
Contractor $ 63,460.00
12.5% Planning Administration, Imaging & Filing Fees 8,256.50
TOTAL REIMBURSEMENT CONTRACT— PROJECT 5.1165 $ 71,716.50
5.1135—The Trails at Palm Springs, LLC Reimbursement Agreement Page 8 of 8