HomeMy WebLinkAboutCaruso Affiliated; 2015-06-17;AGREEMENT BETWEEN CITY AND CARUSO AFFILIATED
TO FUND PREPARATION OF 9212 REPORT FOR THE AGUA HEDIONDA 85/15 SPECIFIC
PLAN INITIATIVE
THIS AGREEMENT is made this day of Jc/'AC^ 20^5". between the CITY
OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as
CITY, and Caruso Affiliated, hereinafter referred to as "PRIMARY SPONSOR" for the Initiative
Proponents, "Preserving Carisbad Open Space The Right Way", hereinafter referred to as
"PROPONENTS".
RECITALS
WHEREAS, on May 12, 2015, the PROPONENTS submitted to the City Clerk's office a
Notice of Intent to Circulate a Petition for a citizen-led initiative measure for the purpose of
proposing to the voters of Carisbad the enactment of the Agua Hedionda 85/15 Specific Plan.
Separately, an Environmental Analysis Report was lodged with the CITY; and
WHEREAS, in response to the submittal of the Notice of Intent for the Agua Hedionda
85/15 Specific Plan, on May 19, 2015, the Carisbad City Council authorized city staff to 1)
initiate the preparation of a report pursuant to California Elections Code 9212, hereinafter
referred to as the "9212 REPORT", and, 2) request a deposit from the PROPONENTS
PRIMARY SPONSOR for the preparation of a 9212 REPORT (Carisbad City Council Resolution
No. 2015-127).
NOW, THEREFORE, it is agreed as follows:
1. The CITY will engage the services of outside consultants to assist the CITY in
completing the 9212 REPORT, hereinafter "CONSULTANTS".
2. It is understood that the CITY is the sole party to hire, direct, and manage the
CONSULTANTS to assist with the completion of the 9212 REPORT to ensure that the 9212
REPORT is an independent analysis of the initiative measure and the Environmental Analysis
Report.
3. The PRIMARY SPONSOR shall pay to the CITY the actual cost of the
CONSULTANTS' services. The PRIMARY SPONSOR will advance the sum of $150,000 as
payment on account for the actual cost of the CONSULTANTS' services. In the event it
appears, as the work progresses, that said sum will not be sufficient to cover the actual costs,
the CITY will notify, meet and confer with the PRIMARY SPONSOR regarding the difference
between the amount deposited and the new estimated costs, and following which the PRIMARY
SPONSOR will deposit additional funds. CITY will ensure that all work performed by the
CONSULTANTS is supported by invoices or other documentation and summary invoices will be
provided to the PRIMARY SPONSOR upon request. If the actual cost of completing the 9212
REPORT is less than the PRIMARY SPONSOR'S advance, any surplus will be refunded to the
PRIMARY SPONSOR by CITY.
4. It is understood that each of the CONSULTANTS shall be an independent
consultant of the CITY and CITY shall not be liable for any negligent acts or omissions of the
CONSULTANTS. The PRIMARY SPONSOR agrees to permit the CONSULTANTS to enter
upon his property and to perform all work thereon as the CONSULTANTS deem necessary to
assist with the completion of the 9212 REPORT. It is agreed that the PRIMARY SPONSOR will
1 New-05/21/15
not interfere with the CONSULTANTS in the performance of such work or attempt to influence
such CONSULTANTS during the course of their investigation and report. The term "attempt to
influence" shall mean an attempt by the PRIMARY SPONSOR to influence the CONSULTANTS'
analysis, drafting, or modification of the 9212 Report before it is made public by the CITY; the term
does not include responses to direct questions or requests for documents or other materials from
CONSULTANTS or the CITY or providing public testimony on the 9212 REPORT.
5. It is understood that the CONSULTANTS' responsibility will be solely to the CITY,
and that the CONSULTANTS' accountability will be solely to the CITY, and not the PRIMARY
SPONSOR, who is not an intended beneficiary of the CITY'S agreement with the
CONSULTANTS forthe assistance with the completion ofthe 9212 REPORT.
6. The CITY shall not be required to defend any third party claims and suits
challenging any action taken by the CITY with regard to the assistance with the preparation of
the 9212 REPORT, but PRIMARY SPONSOR shall have the right to intervene to defend. If the
CITY, in its sole and absolute discretion defends such action or proceeding, the PRIMARY
SPONSOR shall be responsible and reimburse the CITY for whatever legal fees and costs, in
their entirely, may be incurred by the CITY in defense of such action or proceeding. The CITY
shall have the absolute right to retain such legal counsel as the CITY deems necessary and
appropriate.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
Executed by PRIMARY SPONSOR this day of "^tti^
PRIMARY SPONSOR:
(print name here/title)
By^
(sign here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
TTitefim City MUTagec
Kathryn B. Dodson
ATTEST: ^
"BARBARA ENGL€60N, City Clerk
(print name here/title)
APPROVED AS TO FORM:
Bv:CV-/-
CELIA A. BREWERrCity Attorney
New-05/21/15
REC'D FROM
CITY OF CARLSBAD
1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008
Cashier: (760) 602-2401
Water Utility Billing: (760) 602-2420^
DATE
ACCOUNT NO. DESCRIPTION AMOUNT
Y(^f'(^CS0*7iDI^-IZ^ iSo.cm On
Vj NOT VALID UNLESS VALIDATED BY TOTAL
® Printed on recycled paper. CASH REGISTER
Caruso Acquisition Co tl, LLC (CAHJI)
101 The Grove Drive
Los Angeles CA 90036
JPM Chase Bank
IZdOBCamno Real
San Bruno, CA^4066
90-7162
3222
Date
05M2/2015
I
Pay ONE HUNDRED FIFTY THOUSAND AND gg/fod********"*************************************** I
I
To X
The
Order
Of
City Of Cartsbad
Carlsbad, CA Per •
Per
Check Number
0000001621
Amount
$***"15Q^,000^00
PAYAB^B^UNrrED STATES DOLLARS