HomeMy WebLinkAboutHunt Properties Inc; 1983-04-21;• •
AGREEMENT
Is G ' d h' ~~ TH A REEMENT 1S ma et 1S a.1~ day of April ,
1983, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to as CITY, and the
Hunt Properties, Inc., hereinafter referred to as APPLICANT.
RECITALS
WHEREAS, the Applicant has filed with City a request for
approval of a proposed project identified as "GPA-65(A)/ZC-267
Hunt Properties, Inc." requiring an Environmental Impact Report
(EIR); and
WHEREAS, City has determined that its current staff is
inadequate in number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, City has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
WHEREAS, Applicant in order to ensure the expeditious
processing of said EIR desires to pay to City the amount neces-
sary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and
conditions, it is agreed as follows:
1. The City will engage the firm of Westec Services,
Inc. hereinafter referred to as the "Consultant" to
perform the necessary work in the processing and
monitoring of the EIR for that area
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more particularly depicted upon a site map attached
as Figure 1-3 and made a part of this agreement.
2. It is understood that the Consultant services shall
conform to the Proposal attached as Exhibit "A" 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 proposed project as directed by the Land
Use Planning Manager.
3. It is understood that the City will direct the Con-
sultant to complete a draft and final EIR at the
earliest feasible time. The City will advise the
Applicant in writing of any impacts which may render
the proposed project unfeasible within a reasonable
time after City has received the Consultant's con-
clusions in writing.
4. The Applicant shall pay to the City the actual cost
of the Consultant's services. Such cost shall be
based on the "not-to-exceed" costs set forth in
Exhibit "A". The Applicant has advanced the sum of
$23,900.00 as payment on account for the actual cost
of the Consultant's services; in the event it
appears, as the work progresses, that said sum will
not be sufficient to cover the actual cost, the
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City will notify the Applicant of the extra work
necessary to ensure a complete environmental impact
report and the estimated cost of that work. The
City will ensure, to the extent feasible, that no
further work will be performed by the Consultant
incurring an obligation beyond the amount advanced
without an appropriate amendment to this Agreement.
If the actual 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 ~he Consultant to enter upon his
property and to perform all work thereon as the Con-
sultant 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 Appli-
cant.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
rk
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By ;J,m;,J.,~
FRANK ALESHIRE, City Manager
APPLICANT:
HUNT PROPERTIES, INC.
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· ct h Proposed ProJe Parcels of t e
""" ·..::.r-.. 0 -.... -PROJECT PARCELS FIGURE 1-3
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