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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 S . 0 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. -2- S S (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 -3- 0 0 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. -4- 0 0 (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 -5- 0 Q 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 S S 0 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. -7- S . (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 : S 0 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 S S 66.1 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: / - 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. S •1 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 -2- S . 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 Mic S 0 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: -4- A/c. NO. DESCRIPTION AMOUNT *i%- vt Aj - TOTAL ;---. - 0 CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008 729-1181 RECEIVED FROM '"- ATE - - AflflOCC Qd& 7Lic-1 7N 7 i cca /' 1 tc;za 7V1 2flj. 1?3//1 11 iin uAcj -dc7 7Us7 1 l -'i/ /i /WT7 \ML C Li.V$7c' c7/t71/Qt LNV11 /r r'IS Wtc~ C/7/C7 QLr/ O Lz\ \c-uxrz7' ,Ur7 ç\-2no i -ri n c' -çj ct \4OUc 7 -tflv' L74 LLfl J 4cttLat c2L .L-4' ZW1 O/ i/c CIO - 2U f2/"? o/2/c - --.- __•4 - k 0. I(.iCROUM) LT7 e& ZC-226/ Cl' 80-24/CP-102 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 I