HomeMy WebLinkAbout05391 - PS DEL GRANO II LLC REIMB AGR PRIVADO CS 3.2952 TTM 35019 Page 1 of 1
Kathie Hart
From: Craig Ewing
Sent: September 01, 2009 11.32 AM
To: Kathie Hart
Subject: RE: A5391 - PS Del Grano II (reimbursement for focused entitlement services for the Privado
project)
Kathie,
This was closed out with a refund check to the developer in January 2008. Let me know if you have any
questions.
Craig A. 'Ewing, AICP
Director of Planning Services
City of Palm Springs
3200 E. Tahquitz Canyon Drive
Palm Springs, CA 92262
760-323-8245
From: Kathie Hart
Sent: Tuesday, September 01, 2009 10:38 AM
To: Craig Ewing
Subject: A5391 - PS Del Grano II (reimbursement for focused entitlement services for the Privado project)
Craig:
This is something I typically would ask Loretta, so............... I'll start with you now that she
no longer here.
The above agreement is still open. Has it been completed? If yes, shall I close the
agreement file?
Who should T send these types of questions to in the future?
Thx for your help.
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8206 1 0-- (760) 322-8332
® Kathie.Hart@PalmSpring$CA.gov
Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
09/01/09
REIMBURSEMENT AGREEMENT
PREPARATION OF FOCUSED ENTITLEMENT
AND ENVIRONMENTAL PLANNING SERVICES for
"PRIVADO"
Project No. 3.2952 and TTM 35019
PS Del Grano 11, LLC, Owner, and
California Development Enterprises, Inc., Developer
THIS REIMBURSEMENT AGREEMENT, hereinafter "Agreement', is
entered into this 01 the day of O UmhY , 2006, by and between the City of
Palm Springs, a California charter city, the "City", and PS Del Grano II, LLC,
Owner, and California Development Enterprises, Inc., Developer, hereinafter, the
"Developer", with reference to the following facts and circumstances:
RECITALS
A. PS Del Grano II, LLC, Owner, and California Development
Enterprises, Inc., Developer, have applied to the City for approval of various
development permits for the Privado, Project No. 32952 and TTM 35019, 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
Planning, hereinafter "Director", and the Agent and Developer have agreed that it
is necessary and desirable that the City engage TERRA NOVA PLANNING &
RESEARCH, INC, hereinafter, "Contractor", for focused entitlement and planning
services, 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, Agent for Developer, and Developer hereby agree that the 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.
3.2952 Privado—California Enterprises Co—City of P.S.Reimbursement Agreement Page 1 of 8
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 legally adequate planning services
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 for the full cost ($21,700.00) plus
$2,712.50 = $24,412.50) of employing Contractor as provided in
Exhibit "2" of this Agreement.
b. Surcharges for Administrative Costs and Contingencies
A maximum City administrative surcharge of twelve and one-half
percent (12.5% = $ 2,712.50) shall apply to this Agreement.
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
TWELVE THOUSAND TWO HUNDRED SIX AND 251100
($12,206.25) is due and payable at signing of this Reimbursable
Agreement; and the balance of TWELVE THOUSAND TWO
3.2952 Privado—California Enterprises Co—City of RS.Reimbursement Agreement Page 2 of 8
HUNDRED SIX AND 25/100 ($12,206.25) shall be due no later than
sixty (60) days from date of this Agreement.
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 immediately upon signing
and payment of TWELVE THOUSAND TWO HUNDRED SIX AND 25/100
($12,206.25) of the contract amount, and shall continue through until completion
or as agreed to by all parties, unless terminated pursuant to Paragraph 6 of
Agreement.
6. Termination. Agreement shall terminate on completion, 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 all 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 this Agreement has been arrived at through negotiations and that
neither is deemed the party that 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
3.2952 Privado—Califomia Enterpnses Co—City of P.S.Reimbursement Agreement Page S of 8
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 of Palm Springs.
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 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. Tom Wilson
Assistant City Manager— Development Services
and/or
Mr. Craig A. Ewing, AICP
Director of Planning Services
City of Palm Springs
32952 Privado—California Enterprises Co—City of P.S.Reimbursement Agreement Page 4 of 8
PO Box 2743
Palm Springs, CA 92263-2743
Agent for Ms. Candace Casey
Developer: California Development Enterprises, Inc,
2121 East Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
Developer/ Mr. Ron Shipka, Jr.
Owner: PS Del Grano II, LLC (Privado)
2121 East Tahquitz Canyon Way, Suite 1
Palm Springs, CA 92262
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
By- 2
David Ready
ATTEST.- City Manager APPROVED BY CITY MANACIEP
A 5•b-Vo PS-I
��vGity Clerk '` � +f�L
California D�pment Enterprises, Inc.
Agent for D elop /owner
i
By: /
m �
Title:
Del Grano II, LLC
Privado Project Owner
By:
Name:
Title:
Approve form:
By:
Dougl C. Holland4City)Aftomey
3.2952 Privado—California Enterprises co—city of P.S.Reimbursement Agreement Page 5 of 8
EXHIBIT "1"
SCOPE OF SERVICES
PRELIMINARY SERVICES:
Contractor (Terra Nova Planning & Research, Inc_) will perform the following Scope of
Services for the City of Palm Springs, hereinafter called the "City" for the Privado
project, hereinafter referred to as "Project
PRIVADO_ (formerly Del Grano II)
Privado proposes the construction of 81 condominiums on 7+ acres of leased land
at the northeast corner of East Amado Road and North Avenida Caballeros,
Project No. 3.2952 and TTM 35019.
❑ Meet with City Planning staff and establish processes and schedules for
project review.
❑ Meet with applicant (as required) to coordinate project submittals, revisions
and additional information.
❑ Coordinate with City staff for inter- and intra-agency transmittal of submittal
documentation, and preparation of staff comments and conditions of
approval.
❑ Complete project application review and provide applicant with either
"application complete" or "application incomplete' letter, in conformance
with the requirements of the Permit Streamlining Act.
❑ Review re-submitted materials as required.
❑ Prepare project analysis in preparation for staff reports and internal and
public presentations. This analysis to include conformance with General
Plan, Zoning Ordinance, design guidelines, engineering requirements, etc_
Coordinated with other City departments in this analysis.
❑ Attend one Development Review Committee (City staff review) meeting for
the proposed project.
❑ Present item to one meeting of the Architectural Review Committee.
❑ Complete an initial Study in a format acceptable to the City, and submit
screen check copy to the City for their review. The Initial Study shall
incorporate all special studies determined necessary by the City, and
32952 Privado—California Enterprises Co—City of P.S.Reimbursement Agreement Page 6 of 8
provided by the applicant. The Initial Study will also incorporate appropriate
references and data from the Section 14 Master Plan and EIR.
❑ City staff shall review the screen check/administrative copy prior to its being
finalized, and Terra Nova shall amend the screen check draft accordingly.
❑ Coordinate the publication and posting of the Notice of Intent, Notice of
Determination, Public Hearings Notices and other postings as required with
the City. The City will be responsible for publishing and posting all such
notices. Terra Nova shall transmit the notices to the County Clerk, to
responsible and trust agencies, and others as required.
❑ Prepare staff reports, conditions of approval, resolutions, etc_ to the
Planning Commission and City Council prior to consideration of the project
at public hearings.
❑ Attend two public hearings (one Planning Commission and one City
Council) represent the project at same.
❑ Terra Nova may coordinate directly with the project applicant, architect,
engineer, City staff, and others as appropriate.
CONCLUSION
The scopes of work and budgets above are based on anticipated non-
controversial processing. Should the community meetings for Privado result in
significant additional review associated with project changes, Contractor will
advise the City immediately in writing. (See Section 1.10 Responsible to City on
page 3.)
3.2952 Privado—California Enterprises Co—City of P.S.Reimbursement Agreement Page 7 of 8
EXHIBIT "2"
SCHEDULE OF TASKS AND COMPENSATION
City 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 provide a monthly progress report and invoice
to the City based on the percentage of work completed.
TASKS DESCRIPTION FEES
Applicant/City Meetings, including DRC (16 hours) $ 2,000.00
Coordination with applicant, project engineer& architect (24 hours) $ 3,000.00
Project Analysis, transmittals, coordination, completeness review
& correspondence (24 hours) $ 3,000.00
CEQA review and analysis, preparation of Initial Study (30 hours) $ 3,750.00
Preparation of advertising, CEQA notices and postings, and transmittal
of same. $ 1,600.00
Preparation of staff reports for Planning Commission and City Council. $ 3,500.00
PC & CC Hearings Preparation &Attendance (2 Hearings) $ 2,250.00
Administrative Support (40 hours) $ 1,600.00
Subtotal $ 20,700,00
Reimbursables°
1. Reimbursables are estimates and will be billed on a cost basis with
supporting documents attached to subject invoices.
Misc. Printing $ 500.00
Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 500.00
Subtotal $ 1,000.00
PRIVADO - CONTRACT $ 21,700.00
City of Palm Springs Planning Administrative Fees -
12.5% of Contract Total $ 2,712,50
TOTAL FOR PRIVADO REIMBURSEMENT
AGREEMENT $ 24,412.50
3 2952 Privado—Caldomia Enterprises Co—City of P.S.Reimbursement Agreement Page 8 of a