HomeMy WebLinkAboutEIR 80-04; POINTE SAN MALO; Environmental Impact Report (EIR)AGREEMENT
THIS AGREEMENT is made this Iq day of OLWI,f _
19 between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as CITY
and Haworth, Carroll, and Anderson hereinafter referred to
as CONSULTANT.
RECITALS:
WHEREAS, the city has entered into an agreement with
Native Sun Investment, hereinafter called the "Applicant",
wherein the city agrees to prepare an Environmental Impact
Report for the proposed project identified as Pointe San Malo,
which lies east of Hill Street and adjacent to the Pacific
Ocean between Mountain View Drive and Buena Vista Lagoon in
Carlsbad and more precisely shown on the plat marked Exhibit
"A", attached hereto and made a part hereof; and
WHEREAS, the Consultant has the qualifications to
prepare the required Environmental Impact Report; and
WHEREAS, the Consultant represents that neither he nor
any member of this staff has performed any work on the
proposed project, has no understnading with the applicant or
any expectation of working for the applicant in the future
on said project and has not been employed by the applicant
upon any project within two years last past; and
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WHEREAS, it is understood that the Consultant shall be
an independent contractor of the city;
NOW, THEREFORE, in consideration of their mutual covenants
and conditions, the parties hereto agree as follows:
1. DUTIES OF THE CONSULTANT: Consultant shall prepare
an Environmental Impact Report for the subject
project in accord with the California Environmental
Quality Act as implemented by the State guidelines
and by city in Title 19 of the Carlsbad Municipal
code and its implementing resolutions. In carrying
out this obligation the consultant's duties shall
include the following:
(a) The consultant shall (1) review existing
environmental data; (2) restructure and
rewrite inadequate sections; (3) appear and
be prepared to answer questions and present
testimony on the final Environmental Impact
Report at all public hearings before the
Planning Commission and the City Council
prior to the certification of the report; (4)
make all reports necessary to comply with
the requirements of this section. It is
-understood that any new major data input would
be responsibility of the applicant. The
consultant shall revise the report as requested
by staff in order to make it suitable for EIR
review.
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(b) Consultant shall prepare a draft report in compliance
with applicable state law and city ordinances.
The consultant shall submit to city thirty-five
copies plus a reproducible master of the draft EIR
to the city.
(c) Consultant shall attempt to determine as soon as
possible in his study of the area involved, those
factors which could severely inhibit or prohibit the
proposed project. If it appears that such factors
are present, he shall so inform the Planning Director
who in turn will discuss with the applicant the
feasibility of continuing with the report. The
objective of this subsection of the agreement is to
minimize the costs if these adverse factors exist.
(d) Consultant shall prepare and file with the city
a written response to all comments received subsequent
to public notice that the environmental impact report
has been filed. Consultant shall also prepare any
responses necessary to matters raised at the public
hearings. The written response shall be prepared
in a form that will permit attachment to the
environmental impact report. The environmental
impact report, the comments, and responses thereto
as approved by the Planning Commission and City
Council shall be complied by consultant and integrated
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into the final environmental impact report.
(2) DUTIES OF THE CITY
(a) The city will make payment to the Consultant as
provided for in this agreement.
(b) The city will make available to the consultant
any document, studies, or other information in
its possession related to the proposed project.
(c) The city will review the report presented by
the consultant within seven working days of their
receipt and make written comments to the
consultant within this time period.
(d) The city shall provide the consultant with copies
of all written comments received on the
environmental impact report subsequent to public
notice that the environmental impact report has
been filed and is available for public review.
(3)'TERMINATION OF AGREEMENT
The city may terminate this agreement at any time
by giving written notice to the consultant of such
termination and specifying the effective date thereof,
at least fifteen days before the effective date of
such termination. In that event, all finished or
unfinished documents and other materials prepared
pursuant to this agreement shall, at the option of
the city, become its property.
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(4) RELEASE OF INFORMATION BY CONSULTANT
Any reports, information or other data, prepared or
assembled by the consultant under this agreement shall
not be made available to any individual or organization
by the consultant without the prior written approval of
the city.
(5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF
ENVIRONMENTAL: IMPACT REPORTS AND OTHER MATERIAL
All documents and materials prepared pursuant to this
agreement are the property of the city. The city shall
have the unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any
reports, data, or other materials prepared under this
agreement.
(6) PAYMENT
The consultant will be paid a maximimum of $4,850
for all work necessary to carry out the requirements
of this agreement. Actual payment shall be based on the cost
of the report based on the costs as set forth in Exhibit 2.
The consultant shall be paid sixty percent of the compensable
invoice for the completion of the Environmental
Impact Report in accordance with Paragraph 1 above. The
consultant will be paid the remaining forty percent
together with such other compensation payable to
consultant not to exceed the maximum amount provided in
this agreement within thirty days after receipt of
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invoice, to be submitted after the certification of the
Environmental Impact Report by the City Council.
(7) TIME OF COMPLETION
Time is of the essence in carrying out the terms of
this agreement. It is understood that inclement weather
conditions may delay the completion of field work. The
consultant will be allowed as many additional days as
are necessary to compensate for days lost due to inclement
weather. He shall submit to the city, thirty-five
copies of the Environmental Impact Report by November
lO, 1980.
(8) LIMITS OF THE OBLIGATION
The limits of the obligation of the city under this
agreement is in the sum of $4,850, which amount is
estimated to be sufficient to compensate the consultant
for all services performed hereunder during the terms
of this agreement. In the event at any time it appears
to the consultant that said sum may not be sufficient,
he shall immediately so notify the Planning Director.
tie will not perform any work or incur any obligation
beyond said sum of $4,850 without appropriate amendment
to this agreement.
(9) tt HARMLESS
The consultant will indemnify the city against and hold
it harmless from all and any cost, expense, or liability
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for damages on account of injury or death to persons or
damage to property resulting from or arising out of or
in any way connected with the performance by consultant
of this agreement, including the defense of any action
arising therefrom. Consultant will reimburse the city
for all costs, expenses and losses incurred by it in
consequent of any claims, demands and causes of action
which may be brought against it by a person arising out
of the performance by consultant of this agreement.
(10) MAINTAIN INSURANCE
Consultant shall, at all times that this agreement is
in effect or the premises are occupied by consultant,
cause to be maintained in force and effect an insurance
policy or policies which will insure and indemnify both
city and consultant against liability or financial loss
resulting from injuries occurring to persons or property
in or about the premises or occurring as a result of
any acts or activity of consultant. The liability
under such insurance policy shall be not less than
$100,000 for any one person injured or $300,000 for any
one accident and $50,000 for property damange. The
policy shall be written by a responsible company or
companies to be approved by city, and shall be noncancelable
except on ten days' written notice to city. Such
policy shall name city as co-assured and a copy of such
policy shall be filed with the Planning Department.
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(11) INDEPENDENT CONTRACTOR
Consultant in accordance with his status as an independent
contractor, covenants and agrees that he will conduct
himself consistent with such status, that he will
neither hold himself out as nor claim to be an officer
or employee of the city by reason hereof, and that he
will not by reason hereof, make any claim, demand, or
application to or for any right or privilege applicable
to an officer or employee of the city including, but
not limited to, workmen's compensation coverage,
unemployment insurance benefits, social security coverage,
or retirement membership credit.
(12) ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part
thereof or any monies due or to become due thereunder
without the prior written consent of the city.
(13)• SUBCONTRACTING
If the consultant shall subcontract any of the work
to be performed under this contract by consultant, the
consultant shall be fully responsible to the city for
the acts and omissions of its subcontractor and of the
persons either directly or indirectly employed by its
subcontractor, as it is for the acts and omissions of
persons directly employed by it. Nothing contained in
this contract shall create any contractual relationship
between any subcontractor of consultant and the city.
The consultant shall bind every subcontractor and every
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subcontractor of a subcontractor by ther terms of this
contract applicable to its work unless specifically
noted to the contrary in the subcontract in question
approved in writing by the city.
(14) PROHIBITED INTEREST
No official of the city who is authorized in such
capacity and on behalf of the city to negotiate, make,
accept or approve, or to take part in negotiating,
making, accepting or approving any architectural,
engineering, inspection, construction, or material
supply contract or any subcontract in connection with
the construction of the project, shall become directly
or indirectly interested personally in this contract or
in any part thereof. No officer, employee, architect,
attorney, engineer or inspector of or for the city who
is authorized in such capacity and on behalf of the
city to exercise any executive, supervisory or other
similar functions in connection with the performance
of this contract shall become directly or indirectly
interested personally in this contract or any part
thereof.
(15) VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer,
agent or employee of the city, either before, during or
after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained,
nor such verbal agreement or conversation entitle the
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consultant to any additional payment whatsoever under
the terms of this contract.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By .,Z"
FRANK ALESHIRE, City Manager
Applicant:
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AGREEMENT
THIS AGREEMENT is made this -( - day of ____________
l9 C, between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as CITY,
and Native Sun Investment hereinafter referred to as APPLICANT.
pT'.cTmAT.q,
WHEREAS, the applicant has filed with the city a request
for approval of a proposed project identified as Pointe San
Malo, and
WHEREAS, the city has determined that said project
could have a significant impact on the environment and that
an environmental impact report must be prepared prior to
consideration of the project; and
WHEREAS, the city has determined that it must engage
the services of a qualified consultant to perform the necessary
work in the preparation of an environmental impact report
for the proposed project;
NOW, THEREFORE, in consideration of the covenants and
conditions hereinafter contained, it is agreed as follows:
1. The city will engage the firm of Haworth, Carroll,
and Anderson hereinafter referred to as the "Consultant"
to perform the necessary work in the preparation of
an Environmental Impact Report for that area more
particularly depicted upon a site map attached hereto.
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2. It is understood that preparation of the Environmental
Impact Report shall conform to the Estimate attached
hereto and may require:
(a) Evaluation and rewriting of existing data;
(b) Written response to comments;
(c) Written reports; and
(d) Such other data as may be necessary to properly
evaluate the impact of the proposed project on the
environment.
3. It is understood that the City will direct the Consultant
to determine at the earliest time those factors which
could severely inhibit or prohibit the proposed project;
that the City will advise the Applicant of the Consultant's
conclusion for the purpose of determining the feasibility
of continuing with preparation of the Environmental
Impact Report.
4. The Applicant shall pay to the City the actual cost
incurred by the Consultant in preparing said report;
that such costs shall be based on the costs set forth
in Exhibit 2. The Applicant has advanced the sum of
$4,850 as payment on account for the cost of preparing
said report; that in the event it appears, as the work
progresses, that said sum will not be sufficient, the
city will notify the applicant. No further work will
be performed by the consultant incurring an obligation
beyond the amount advanced without an appropriate
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amendment to this agreement. If the actual cost of
preparing the report is less than applicant's advance,
any surplus will be refunded to applicant by city.
5. The applicant shall further pay to the city the actual
cost incurred by the city in the processing, review,
preparation of comments, or other work performed in
connection with the report. The applicant has advahced
the amount of $4,850 as payment for said services and
agrees that if the actual cost incurred by the city
exceeds the amount of the deposit he will, after receipt
of city invoice, promptly remit to the city such additional
amount. If the actual cost incurred by the city is
less than the amount of the payment by the applicant,
the city will promptly refund such surplus funds to the
applicant.
6. It is understood that the consultant shall be an
independent contractor of the city; that the applicant
agrees to permit the consultant to enter upon his
property and to perform all work thereon as the consultant
deems necessary to complete the environmental impact
report. It is agreed that the application at no time
will interfere with the consultant in the performance of
such work or attempt to influence such consultant during
the course of his investigation and report.
7. It is understood that the city will attempt to bring the
environmental impact report to the Planning Commission
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hearing not later than l9'/
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By
FRANK ALESHIRE, City Manager
Applicant:
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A/c. NO. DESCRIPTION AMOUNT
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CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008
729-1181
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NATIVE SUN. INVESThIENT
•......Tfl'ION REQDEST FOR APPROVAL OF A TENTATIVE SUBDIVISION MP AND
CONDOMiNIUM PERMIT TO DEVELOP 110 UNITS ON TIlE NORTH SID, OF OCEAN STREET BETWEEN
ATSF RAILROAD AND THE PACIFIC. OCEAN,-
LEGP.L DESCRIPTION: ALL THAT PORTION QIjLOT i AND .JUQBUQN OE1DLEJUQN_L,_
TONNSEIIP 12 SOUTH, RANGES NEST, SAN BERNARDINO MERIDIAN, IN TIlE CITY OF CARLSBAI),
ACCORJ)INGTO_OFFICALATTh1flEOFY 1CflT 1:I__.
-Assessors Parcel. Nuftx?r: ___. .... - 06 __110162 V, 203010-14
Acres 10.3 No. of Lots -
• CEa7 L pTi!\N 1D ZONING
General Plan Land Use Designation P.M/IMI
Density Al1c.ed 4-1.0/10-20
isg Zone R 3/R-A
Surrounding Zoning and Land Use:
iorth
South R-3
R-3 0-S
OCEAN West
Density Pxonosed p_
Proposed Zone RD-N
Land Use
LCOON
SFRSMJLTIPLR
APT LRR RIGHT-OF-WAY
OCEAN
PUBLIC _FACILITIES
School District CARLSBAD UNIFIED.
Water District CITY OF CARLSBAD
Sewer District CITY OF CARLSBAT) EDU s 19 ALLOCATED
Public Facilities Foe 7'grccent, dated
APRIL 21, 1980 .
(Other:
EvIrNTnL IMPACT J\STfSS1iENT
Negative DeclaratIOn, issucd - Log No.
E.1.fl. COrL3 fled? ctited -
i$41
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