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HomeMy WebLinkAbout05 - Sutherland Talla Hospitality LLP - MarinaparkAGENDA ITEM s TO: Mayor and City Council n FROM: Sharon Wood, Assistant City Manager ,�(//IA") SUBJECT: Amendment to Agreement with Sutherland Talla Hospitality LLP Recommendation Approve and authorize the Mayor to execute First Amendment to Agreement. Discussion The City Council approved an agreement with Sutherland Talla Hospitality LLP on December 11, 2000. Section 3A of the Agreement requires the Planning Director to conduct an Initial Study pursuant to CEQA within thirty days of the City Council's approval of the Final Project Description (i.e., the Council's decision to initiate an amendment to the General Plan). The Council initiated the GPA on January 22, 2002. On February 8, the proponent requested an extension of six months for submission of draft planning documents and the economic analysis. This request was based on a lack of time to complete an environmental impact report (EIR) for the project in time to qualify for the November 2002 ballot, the proponent's interest in having an EIR that is up to date when the project is on a ballot, and the direction of City Council Members for the proponent to demonstrate strong support from Balboa Peninsula residents before the project is brought to a City Council hearing. The City Manager approved the extension request on February 19, as provided in Section 6B of the Agreement. With this extension, the proponent will not be submitting planning documents until October 2002. It is possible that there will be changes to the project description as a result of the proponent's community outreach efforts. For these reasons, staff believes it would be well to wait until the planning documents are submitted to prepare the Initial Study and begin formal public review of the project. The attached amendment to the Agreement changes the time for the Initial Study to thirty days after submission of the planning documents. 2 2- FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SUTHERLAND TALLA HOSPITALITY LLP This Amendment, entered into as of March _, 2002, (Effective Date) by and between the City of Newport Beach, a Charter City and municipal corporation (City) and Sutherland Talla Hospitality LLP (Proponent) is made with respect to the following: RECITALS A. City and Proponent, on December 11, 2000, entered into an Agreement relative to Proponent's contemplated redevelopment of the Marinapark parcel (Project). B. The Parties agree that the existing timeline for the City to conduct the Initial Study and issue a Notice of Preparation (NOP) for the Project should better correlate with Proponent's submission of Planning Documents. NOW, THEREFORE, City and Proponent hereby agree as follows: 1. AMENDMENT TO SECTION 3, PROCESSING FPD Section 3A of the Agreement is amended to read as follows: The Planning Director shall retain a consultant and conduct an Initial Study of the FPD as required by CEQA and the CEQA Guidelines within thirty (30) days after Proponent submits draft Planning Documents to the Director and deposits funds in an amount equal to the consultant contract price. The Planning Director shall, after conducting the Initial Study, determine the environmental document necessary to comply with CEQA, generally oversee the work of the consultant, and issue a Negative Declaration or Notice of Preparation. Proponent shall reimburse the City for all costs incurred in the preparation of the environmental document. In addition to the deposit of the contract price, Proponent shall deposit with City any additional funds deemed necessary to complete, or continue work on, the environmental document within ten (10) days after notice from the Planning Director that those funds are required. Proponent acknowledges that the costs of preparing an environmental document are difficult to ascertain or estimate and that unexpected circumstances frequently arise that require additional environmental analysis and additional expenditures. Subsequent to issuance of the Initial Study, the FPD shall be referred to as the "Project." 2. NO AMENDMENTS TO REMAINDER OF AGREEMENT All other provisions of the Agreement shall remain in full force and effect. FOR CITY OF NEWPORT BEACH Dated Tod W. Ridgeway Mayor FOR SUTHERLAND TALLA HOSPITALITY LLP Dated Stephen Sutherland APPROVED AS TO FORM City Attorney ATTEST City Clerk