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HomeMy WebLinkAbout1992-02-18; City Council; 11564; Agreements For EIR For Rancho Carrillo Master PlanCITY .-A= CARLSBAD - AGENDA-JILL AB$ Ik56Y TITLE:AGREEMENTS FOR THE PREPARATION OF AN - ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE MTG. Z-/8 - 92 REVIEW OF THE RANCH0 CARRILLO MASTER PLAN DEPT. PLN PROJECT - EIR 91-4 1 RECOMMENDED ACTION: ADOPT Resolution No. cld- n APPROVING an agreement with the consulting firm RECON - Region;1 Environmental Consultants to prepare an Environmental Impact Report for the Ranch0 Carrillo Master Plan Project - EIR 91-4, and (2) APPROVING an agreement with Pacific Scene, Inc., UDC Homes, L&W Investments, Woodward Ventures, and Scripps Memorial Hospitals, to provide funding for the Environmental Impact Report. I ITEM EXPLANATION The application includes the amendment of the Ranch0 Carrillo Master Plan and the General Plan, a Hillside Development Permit, and a Special Use Permit. The project is located west of the City of San Marcos, south of Palomar Airport Road, and east of Bressi Ranch. The area under review is shown on Exhibit 8rA11. As a part of the review of the project, staff has determined that an EIR should be prepared. Staff has identified to the applicant that an Environmental Impact Report shall be required. Per City policy, the applicant has agreed to pay the full cost of preparation of the EIR. An agreement to this effect is attached. Requests for proposals were sent to ten environmental consulting firms and four firms responded. For each proposal submitted, the Planning Department conducted a thorough review of the scope of work, the subconsultants to be used, qualifications, and costs. Based on the review of the proposals, staff recommends that RECON - Regional Environmental Consultants be selected to prepare the Environmental Impact Report for the Ranch0 Carrillo Master Plan Project. RECON has extensive experience working in the City of Carlsbad. RECON presented a concise and comprehensive scope of work at a competitive cost and they are a full service environmental consulting firm with good qualifications. The RECON proposal was ranked number one as far as understanding the project and the proposed work program. Attachment 1 contains the agreement with RECON for the preparation of the EIR. k <c FISCAL IMPACT The applicant is responsible for the provision of the funding for the Environmental Impact Report. Funds will be deposited with the City in a trust account in the amount of $219,409.00, upon approval and execution of this agreement. Administrative costs of processing the EIR will be partially offset by the $5,250.00 EIR processing fee. Attachment 2 contains the agreement with the applicant to provide funding for the EIR preparation. - PAGE 2 OF AGENDA BILL NO. /! EHHIBITS. 1. City Council Resolution No. w- 57 2. Exhibit tmA*g (Location Map) 3. Attachment No. 1 (Agreement w/RECON) 4. Attachment No. 2 (Agreement w/Pacific Scene, Inc. UDC Homes, L&W Investments, Woodward Ventures, and Scripps Memorial Hospitals) x. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND RECON (REGIONAL ENVIRONMENTAL CONSULTANTS); AND THE CITY OF CARLSBAD AND PACIFIC SCENE, INC., UDC HOMES, L&W INVESTMENTS, WOODWARD VENTURES, AND SCRIPPS MEMORIAL HOSPITALS, FOR CONSULTING SERVICES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE RANCH0 CARRILLO MASTER PLAN. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain agreements between the City of Carlsbad and RECON (Regional Environmental Consultants): and the City of Carlsbad and Pacific Scene, Inc., UDC Homes, L&W Investments, Woodward Ventures, and Scripps Memorial Hospitals, for consulting services to prepare an Environmental Impact Report for the Ranch0 Carrillo Master Plan, copies of which are on file in the office of the City Clerk, and incorporated herein by reference, are hereby approved. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreements for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 18th day of February , 1992. AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: city of San Marcos County of San Diego L III-IIl-vl-- J EXHIBIT “A” City of Carlsbad l EIR 91=4/MP 139(E)/ GPA 9%6/ RANCH0 CARRILLO MASTER PLAN 1 HOP 91=17/suP 91-s AG- THtS AGREEMENT, made and entered into as of the a0a day of 4 , 19 76 between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and RECON hereinafter referred to as “CONSULTANT”. RECITALS WHEREAS, the CITY has entered into an agreement with CONTINENTAL HOMES, INC., PACIFIC SCENE, INC., UDC HOMES, INC., WOODWARD/MERRILL LYNCH, AND SCRIPPS MEMORIAL HOSPITAL, hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as the Ranch0 Carrillo Master Plan, which is located south of Palomar Airport Road at the eastern City limits, and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONSULTANT has the qualifications to prepare the required . Environmental Impact Report; and 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 REV. 4/25/91 . 1. DUTIES OF THE CONSULTANT CONSULTANT shall prepare an Environmental Impact Report on 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: (4 The CONSULTANT shall, consistent with the Work Program contained in Attachment 2, (1) make all necessary and required field explorations, reviews and tests; (2) make all necessary and required laboratory tests and analyses; (3) appear and be prepared to answer questions and prepare 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. Before preparing the draft report, the CONSULTANT shall submit five copies of a preliminary report (screen check EIR) to the Planning Director for staff review. The CONSULTANT shall revise the preliminary report as requested by staff in order to make it suitable for draft EIR review. (b) CONSULTANT shall prepare a draft report in compliance with the Work Program contained in Attachment 2 on file at the Planning Department (unless otherwise stated in this agreement), attached REV. 4/25/91 2. hereto and made a part hereof and with applicable state law and CITY ordinances. The CONSULTANT shall submit to CITY fifty copies (in 3-ring binders) plus a reproducible master of the draft Environmental Impact Report to the CITY. CONSULTANT shall attempt to determine as soon as possible in the study of the area involved, those factors which could severely inhibit or prohibit the proposed project. If it appears that such factors are present, CONSULTANT 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 rn.inimize the cost if these adverse factors exist. W CONSULTANT shall prepare and fle with the CITY written responses to all comments received subsequent to public notice that the draft Environmental Impact Report has been filed. CONSULTANT shall also prepare any response necessary to matters raised at the public hearings. The written responses shall be prepared in a form that will permit the responses to be incorporated into the final Environmental (4 Impact Report. DUTIESOFTHECITY (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 3 REV. 4/25/91 (c) documents, studies, or other information in its possession related to the proposed project. The CITY will review the Preliminary Report presented by the CONSULTANT within fourteen working days of their receipt 3. and make written comments to the CONSULTANT within that time period. (d) The CITY shall provide the CONSULTANT with copies of all written comments received on the draft Environmental Impact Report subsequent to public notice that the draft Environmental Impact Report has been filed and is available for public review. 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 prior to the effective date of the termination. In event of termination or suspension, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination or suspension for reasons other than breach of this agreement CITY shall pay CONSULTANT the reasonable value of the services completed to the date of notice of determination. The amount to be paid shall be mutually agreed to by the CITY and CONSULTANT and based on the portions of the work completed to date. 4 REV. 4/25/91 4. REXEASE 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, REPRODUCI’ION AND USE OF ENVIRONMENTAL IMPACT REPORTS AND OTHER MATERIALS 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 maximum of $219,409.00 dollars 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 Attachment 3 on file at the Planning Department. The CONSULTANT shall be paid within 30 days, in response to invoice, for 60 percent of the compensable services for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The CONSULTANT will be paid up to an additional 25 percent upon acceptance by the CITY of the response to comments from the CONSULTANT, the final 15 percent will be paid, not to exceed the maximum amount provided in its 5 REV. 4/25/91 7. agreement, within 30 days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. 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. The CONSULTANT shall submit to the CITY five copies of the Preliminary Environmental Impact Report within six weeks of the signing of this agreement by both concerned parties. The CONSULTANT shall submit to the CITY fifty copies of the draft Environmental Impact Report within ten working days of the completed staff review of the Preliminary Environmental Impact Report. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of $219,409.00 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. He will not perform any work or incur any obligation beyond said sum of $219,409.00 without appropriate amendment to this agreement. 8. 6 REV. 4/25/91 9. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONSULTANT or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONSULTANT or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONSULTANT to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONSULTANT or the CITY shall be ordered by the Planning Director who will inform a principal of the CONSULTANTS Iirm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. 10. HOLD HARIMES AGREFMFSIT The CITY, its officers, and employees shall not be liable for any claims, 7 REV. 4/25/91 -- liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of CONSULTANT or CONSULTANTS agents, employees, or representatives. CONSULTANT agrees to defend, indemnify, and save free and harmless the CITY and its officers and employees against any of the foregoing claims, liabilities, penalties or fines, and any cost, expense or attorney’s fees which are incurred by the CITY on account of any of the foregoing. 11. INSURANCE The CONSULTANT shall obtain and maintain policies of general liability insurance, automobile liability insurance, and a combined policy of worker’s compensation and employer+ liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council Resolution No. 90-96 in an insurable amount of not less than one million dollars ($l,OOO,OOO) each, unless a lower amount is approved by the City Attorney or the City Manager. This insurance shall be in force during the life of this agreement and shall not be I canceled without thirty (30) days prior written notice to the CITY sent by certified mail. The CITY shall be named as an additional insured on these policies. The CONSULTANT shall furnish certificates of insurance to the CITY before commencement of work. 8 REV. 4/25/91 12. STATUS OF THE CONSULTANT The CONSULTANT shall perform the services provided for herein in CONSULTANTS own way as an independent contractor and in pursuit of CONSULTANTS independent calling, and not as an employee of the CITY. CONSULTANT shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The CONSULTANT is an independent contractor of the CITY. The payment made to the CONSULTANT pursuant to the contract shall be the full and complete compensation to which the CONSULTANT is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONSULTANT. The CITY shall not be required to pay any workers’ compensation insurance on behalf of the CONSULTANT. The CONSULTANT agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of the CONSULTANT or any employee of the CONSULTANT for work done under this agreement. The CONSULTANT shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 9 REV. 4/25/91 13. ASSIGNMENT OF CONTRACI’ CONSULTANT shall not assign this contract or any part hereof or any monies due or to become due thereunder without the prior written consent of the CITY. 14. 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 subcontractor of a subcontractor by their 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. 45. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity 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 subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this cqntract or in any part thereof. No officer, employee, 10 REV. 4/25/91 CX 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 hereof. 16. VERBAL AGREIWENT 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 CONSULTANT to any additional payment whatsoever under the terms of this contract. 17. CONFLICI’ OF L-NTE- The CONSULTANT shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONSULTANT shall report investments or interests in real property. . . . .*. . . . I.. . . . 11 REV. 4/25/91 Executed by CONSULTANT this 9 T\+ day of ‘Y-3 E.cE r*iF EP- , 1971 . CONSULTANT: CITY OF CARLSBAD, a municipal Regional Environmental Consultants, a Callfovnla cnrparation RECON ATTEST: Charles S. Bull 'I' Diane Pearson (print name here) President Secretary (title and organization of signatory) ALETHA L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney ByL R. bz.- Deputy City Attorney 2&47* 12 REV. 4/25/91 ‘, STATE OF CALIFORNIA ss. COUNTY OF P&l -DiEa On ?,~~--,~m ~3~. \cpj i before met (;UN.J FA,c~~E~ ?dmwFe~~ I personally appeared CL.+R, F-S %-K.,,,, T&MG T%=Mzsc~~ I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names ismsubscribed to the within instrument ,- and that he/shehey.Jexecuted the same in his/he c thei?,author- .- ized capacity(ies), and that by his/he@&ssignature(s) on the instrument the person(s) orthe entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature AGREEMENT THIS AGREEMENT is made this&‘& day of 19Ewetween the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as CITY, and CONTINENTAL HOMES, INC., PACIFIC SCENE, INC., UDC HOMES, INC., WOODWARD/MERRILL LYNCH, AND SCRIPPS HOSPITAL hereinafter referred to as “APPLICANT”. RECITALS WHEREAS, the APPLICANT has filed with the CITY a request for approval of a proposed project identified as the Ranch0 Carrillo Master Plan Amendment, General Plan Amendment, Hillside Development Permit, and Special Use Permit, requiring an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff is inadequate in number to process the proposed Environmental Impact Report in a timely and thorough manner; and WHEREAS, CITY has determined that to proceed with the processing of the Environmental Impact Report it will be necessary to hire a consultant to aid staff with the monitoring and processing of such; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report desires to pay to CITY the amount necessary to hire CONSULTANT. REV. 4/25/91 NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: 1. The CITY will engage the firm of RECON hereinafter referred to as “CONSULTANT” to perform the necessary work in the processing and 2. monitoring of the Environmental Impact Report for that area more particularly depicted upon a site map attached as Attachment “A” and made a part of this agreement. It is understood that the CONSULTANT services shall conform to the Proposal attached as Attachment “B” 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 Planning Director. 3. 4. It is understood that the CITY will direct the CONSULTANT to complete a draft and final Environmental Impact Report 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? conclusions in writing. The APPLICANT shall pay to the CITY the actual cost of the CONSULTANT’s services. Such cost shall be based on the costs set forth in Attachment “B”. The APPLICANT has advanced the sum of 2 REV. 4/25/91 $219,409.00 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 CITY will notify the APPLICANT of the difference between the amount deposited and the new estimated cost. 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 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 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 Environmental Impact Report to Planning Commission and City Council as soon as possible, barring no delays from the APPLICANT. . . . . . . REV. 4/25/91 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this \b* day of &UXq ,19- u APPLICANT: sc~pps MEMORIAL HOSPITALS James A. Leary, A.I.A. lame here) 3 Leary Architecture Planning and for Scripps Memorial -- HnsDj+als (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: ALETHA L. RAUTENKRANZ City Clerk lPmn6-v nntm-ial ~~l,,,...l,~-. --c -. _ _. _ - .._ -- Any certificate of acknowledgement taken within this state shall be in substantially the following form: STATE OF CALIFORNIA 1 COUNTY OF 1 tions. On before me, a notary public in and for said state, personally appeared :e tary 4 r 1 the I I ill personally known to me or (or proved to me on the basis of satisfactory evidence) B to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heorshe executed the same in thecapacity(ies) indicated “: at the signature point. 0. 5 WITNESS my hand and official seal. _ 1 s Signature Ld L2/iLAL OFFICAL SEAL MARY ANN WALSH NOTARY PUBLICCALIFORNIA SAN DIEGO COUNTY My Comm. Exp. Mar. 31, 1995 1 Capacity of Signatory ot.arv P~hl ic (Seal) Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made. 3403 (R12/90)3 4 REV. 4/25/91 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this 11th day of December ,1992 . APPLICANT: CtTY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor By: ,/; &l(]l&&f (” (sigfa here) ATTEST: &,., 3 . &&ne,e (print name here) 2qic 6.r. (title and organization of signatory) ALETHA L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by APPLICANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney _ ~ Deputy City Attorney 4 REV. 4/25/91 G-ENERAL ACKNOWLEDGMENT NO 201 State of California December county of San Dieao > Onthisthe 11 dayof 1991, before me, ss. Ricki Gem Clavier the undersigned Notary Public, personally appeared Jon B. Werner Upersonally known to me --’ proved to me on the basis of satisfactory evidence to be the person(X) whose name@) was subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary’s Signature n10 122 NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. . PO Box4625 . Woodland HIII?. CA 913654625 - IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this P day of pece+ L ,19% -* APPLICANT: tijJ&&iJ\ SJJ.? CITY OF CARLSBAD, a municipal corporation of the State of California UDC HOMES, Ikd. By: liil!dP By: City Manager or Mayor J-At (sign here) 0 ATTEST: (print name here) ALETHA L. RAUTENKIWNZ City Clerk (title and organization of signatory) (Proper notarial acknowledgment of execution by APPLICANT must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney BY Deputy City Attorney 4 REV. 4/25/91 State of California 1 ) ss. County San Diego 1 On the 9th day of December 1991, before me, the undersigned notary public, in and for Laid state, personally appeared Herb Palmtag personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand (Seal) IN WITNESS WHL&OF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this 15 -& day of TU ,197z -* APPLICANT: CITY OF CARLSBAD, a municipal corporation of the State of California L&W INVESTMENTS, INC. (Doing business as Continental Homes ) By: 1) (hi& here) 1)Bruce '. x-4 D-on (Print nze here) By: City Manager or Mayor ATTEST: ALETI-IA L. RAUTENKRANZ City Clerk 2)Christopher J. Chambers (Print name here) l)Assistant Secretary (Title and organization of signat&) 2)Vice President of Land Development (Title and organization of signatory) (Proper notarial acknowledgment of execution by APPLKANT must bqattached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney Deputy City Attorney 4 REV.. 4/25/91 -’ f-noDnDATe AcuunwI CnmmachlT ;Z.Ldefl.u, - personally known to me d proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as -&z-## cad vfidw. or on behalf of the corporation therein d acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary’s Signatde u AlTENTlON NOTARY: Althouqh the Intormahon requested below IS OPTIONAL. It could prevent fraudulent attachment of this certlhcate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Do Date of Document IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Executed by APPLICANT this 9th day of Decepnber ) 19 91 -- APPLICANT: CITY OF CARLSBAD, a municipal cornoration of the State of California City Manager or Mayor By: (sign here) ATTEST: &$iy E #agQ&&@ (print name here) ALETHA L. RAUTENKWNZ (title an* ganization of signatory) City Clerk (Proper notarial acknowledgment of execution by APPIXANT. must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney Deputy City Attorney 4 REV. 4/X/91 .s I STATE OF CALIFORNIA ISS. COUNTY OF O-1 O"- December 9, 1991 -,before me, the undersigned, a Notary Public in and for said State, personally appeared DonE.Wmdward - --- personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal)