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