HomeMy WebLinkAbout1990-10-16; City Council; Resolution 90-382// 0 0
1
2
3
4
5
6
RESOLUTION NO. 90-382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND SUNBELT
DEVELOPMENT, OCEAN BLUFF PARTNERS, BRAMALEA
CALIFORNIA INC., BEZTAK OF CALIFORNIA, AND
CARLSBAD HEIGHTS ASSOCIATES FOR THE FUNDING OF
THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE REVIEW OF THE ZONE 20 SPECIFIC
PLAN - EIR 90-03
7
1. That certain agreement between the City of Carlsbad and 8
The City Council of the City of Carlsbad, California, does hereby resolve a;
9
Zone 20 Specific Plan, a copy of which is attached hereto, marked Attachment 2, and in= 11
Heights Associates for the funding of the preparation of an environmental impact repol 10
Development, Ocean Bluff Partners, Bramalea California Inc., Beztak of California, and
I.2 11 herein by reference, is hereby approved.
I.3 I! 2. The Mayor of the City of Carlsbad is hereby authorized and di
14
15
16
17
18
19
20
21
22
execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad held on the 16th day of October , 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaur
NOES: None
Pettine
ABSENT None
23
24
ATTEST
25 LLki5LA
26 kmm L. RA~~L%Y~*
27 I1 28
0 0 ATTACHMEN
4-
AGREEMENT FOR THE PREPARATION OF THE
ENVIRONMENTAL IMPACT REPORT FOR THE ZONE 20
SPECIFIC PLAN
THIS AGREEMENT is made this x day of S+k,,+,\,nc , 19-, betwe
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinaR
referred to as CITY, and Sunbelt Development, Ocean Bluff Partners, Bramalea Califorr
Inc., Beztak of California, and Carlsbad Heights Associates hereinafter referred to
APPLICANT.
RECITALS
WHEREAS, the APPLICANT has filed with CITY a request for approval
a proposed project identified as Zone 20 Specific Plan requiring an Environmental Imp:
Report (EIR); and
WHEREAS, CITY has determined that its current staff is inadequate
number to process the proposed EIR in a timely and thorough manner; and
WHEREAS, APPLICANT in order to ensure the expeditious processing
said EIR desires to pay to CITY the amount necessary to hire a Consultant.
NOW, THEREFORE, in consideration of the covenants and conditions, i
agreed as follows:
1. The CITY will engage the firm of Brian Mooney & Associs
hereinafter referred to as "Consultant" to perfqrm the necessary w(
in the processing and monitoring of the EIR for that area mc
particularly depicted upon a site map attached as Attachment
and made a part of this agreement.
1
L-
e 0
2. It is understood that the Consultant services shall conform to the
Proposal attached as Attachment 2 and made a part of this
agreement, and may require:
(a) Field exploration;
(b) Weekly communication with the CITY staff;
(c) Written reports; and
(d) Such other work necessary to properly evaluate the proposec
project as directed by the Planning Director.
3. It is understood that the CITY will direct the Consultant to complete
a draft and final EIR at the earliest feasible time. The CITY will advisc
the APPLICANT in writing of any impacts which may render the
proposed project unfeasible within a reasonable time after CITY ha:
received the Consultant's conclusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost of thc
Consultant's services. Such cost shall be based on the costs se
forth in Exhibit "C". The APPLICANT has advanced the sum o
$62,727.00 as payment on account for the actual cost of thc
Consultant's services; in the event it appears, as the work
progresses, that said sum will not be sufficient to cover the actua
cost, the CITY will notify the APPLICANT of the difference betweer
the amount deposited and the new estimated cost. CITY will ensure
to the extent feasible, that no further work will be performed by thc
Consultant incurring an obligation beyond the amount advancec
I
without an appropriate amendment to this Agreement. If the actus
0 Q
\-
cost of preparing the report is less than the APPLICANT'S advance,
any surplus will be refunded to APPLICANT by CITY.
5. It is understood that the Consultant shall be an independent
contractor of the CITY. 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 EIR. It
is agreed that the APPLICANT will not interfere with the consultant in
the performance of such work or attempt to influence such
Consultant during the course of his investigation and report.
6. It is understood that the CITY will attempt to bring the EIR to
Planning Commission and City Council as soon as possible, barring
no delays from the APPLICANT.
I
3
0
\-
e
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:
APPLICANT:
By:
ATTEST:
Carlsbad Heights Associates,
A California General Partnership
By: Brman Pro
4B&&& A PROVED AS TO FORM:
"..
\..
~NCEN~ . ORDO, JR. I City Attorney
I
4
e 0 ,-
IN WITNESS WHEREOF, the parties hereto have executed this agreemen
on the day and year first above written.
CITY OF CARLSBAD, a Municipal Corporation of tht
State of California
By:
APPLICANT:
SUNBELT PLANNING CO. -
By: -Y
KAZUYUKI KAWAKITA, PRESIDENT ATTEST:
Lz.&zLP+
%LETHA L. RAUTENKRANZ, City Cle k
VINCENT F. BIONDO, JR.
City Attorney
1
4
e 0
,*
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:
ATTEST:
APPLICANT:
OCEANBLUPF PARIcw'EE&d />' /
I. ,., .*) . 7: /L"- ,... T -. "." -. .. .._ 'e-.
-
,x' .',d,74 ,- By: # / -<$.. .. ' .7 .. ,!. +$5yx> '
.aeick./fy
ALETHA L. RA~JTENKRANZ, City CIe
APPROVED AS TO FORM:
I
4
w w
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year first above written.
CITY OF CARLSEAD, a Municipal Corporation of the
State of California
By:
A'TTEST:
%%e
By: Vlctf-vkl\oeq -TRPH@ILB WL.,T!?'C-
. hLd%
ALETHA L.' RAUTENKRANZ, City CI k
APPROVED AS TO FORM:
City Attorney (@J
rO Q
CORPORATE ACKNOWLEDGMENT c AL
On this theAAday of
I
the undersigned Notary Public. personally appeared . Um n t . L!LJmZ-/ I
* &personally known to me '. :\ 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as
\!I c 6 ,Pf- w . named, and acknowledged to me that the corporation executed it. '* or on behalf of the corporation therein .
'*
~ ~~
a a
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year flrst above written,
CITY OF CARLSBAD, 8 Municipal Corporation of the
State of California
By:
APPLICANT:
BEZTAK/WESTREND, Limf ted Partnership
A7TEST:
k
1 BLA - M Md& Larry M, Wflkinson
&id ;klh
ALETHA t. RAUTENKRANZ, Clty clerk
&id ;klh
ALETHA t. RAUTENKRANZ, Clty clerk
APPROVED AS TO FORM:
t
4
"""""""""""""~""""""""""""""""--".--.---~-- -