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HomeMy WebLinkAboutEIR 86-04; HOSP GROVE; Environmental Impact Report (EIR)APPLlCAN!': AGENl': MEMBERS: DISCLOSURB FORM COLLINS DEVELOPMENT CO. Name (individual, p3.rtnership, joint venture, corporation, syrrlication) 11750 Sorrento Valley Road, Suite 209 Business Address 619/276-3~80 Telephone Number SGPA Planning & Architecture Name 1565 Hotel Circle S. San Diego, CA 92108 Business Address 619-297-0131 Telephone Number Robert A. Stine, President Name (individual, p3.rtner, joint Home Address venture, corporation, syndication) Collins Development Co. 11750 Sorrento Valley Road San.Diego, CA 92121 Business Address (619)276-3380 Telephone Number Telephone Number Bill Tribolet, Vice President Name ----------~Hame~~Ad~d~r~e~s~s----------- 1175J Sorrento Valley Road Suite 209 t Sa~ Diego, CA 92121 Business Address 619-276-3380 Telephone Number Telephone Number (Attach rrore sheets if necessary) The applicant is required to apply for Coastal Commission Approval if located in the Coastal lone. I/We declare under J;enalty of J;erjury that the infonnation contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until ameooed. Collins evelopment Co. If after the informatio.ou hav~ submitted.has been rllleWed , it is determined t.hat further informatio ; requl.red, you wl.~l be so a ed. APPLICANT: AGENT: NEHBERS: THE ODMARK DEVELOPMENT CO. Name (individual, partnership, joint venture, corporation, syndication) 1747 Hancock Street, Suite B, San Diego, Ca. 92101 Business Address (619) 291-7300 Telephone Number THE WILLIAM N. HOFMAN COMPANY Name 2521~ So. Vista Way, Suite 122, Carlsbad, Ca. 92008 Business Address (619) -727-4534 Telephone Number Ted P. Odmark Name '(individual, partner, joint. venture, corporation, syndication) 3100 D Front Street,San Diego Home Address cA. 92103- 1747 Hancock Street, Suite B, San Diego, Ca. 92101 Business Address (619) 291-7300 Telephone Number Wanda K. Quinn (619_ 295-2950 Telephone Number 6083 Cumulus, San Diego, Ca. 9211 Home Address 1747 Hancock Street, Suite B, San Diego, Ca. 92101 3'.lsiness Address (619).291-7300 (619) 692-3335 'I'elephone Nu:.tber Telephone ~iu":lber Rosalind E. Odmark 3100 D Front Street San Diego, Ca. 92103 (619) 295-2950 (Attach more sheets if necessary) I/He decla:e ur'.der pe:1alty of perjury that the information contained in this dis- closure is tr~e and correct and that it will remain true and correct and may be· relied upon a3 being true and corr~ct until amended. THE ODMARK DEVELOPMENT COMPANY BY _~_APPl---f.-.:iC~::---==t @~~~~~_ Agent, O.·:ner, Par~n~r P~.O~. • AGREEMENT This Agreement is made this 3rd day of June, 1986 between the City of Carlsbad, a municipal corporation of the State of California, hereinafter referred to as "City", and The Odmark Development Company, hereinafter referred to as "Applicant". RECITALS WHEREAS, the Applicant has filed with City a request for approval of a proposed project identified as Hosp Grove and the City has required an environmental impact report ("EIR") in connection therewith; and WHEREAS, the 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, has agreed to pay to City the amount necessary to hire Consultant; • NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS HEREIN, 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 monitoring of the EIR for the area more particularly depicted upon a site map attached as Exhibit "A" and made a part of this Agreement. 2. It is understood that the Consultant services shall conform to the Proposal attached as Exhibit "B" and made a part of this Agreement, and may require: (a) field exploration; (b) weekly communication with City staff; (c) written reports; and (d) such other work necessary to properly evaluate the proposed 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 in conformance with the schedule contained in the Proposal, page 23,A.V. 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 conclusions in writing. 4. The applicant shall pay to the City the actual cost of the Consultant's costs set forth'in Exhibit "B". The Applicant -2- • has advanced the sum of $22,090 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 nbtify the Applicant of the difference between the amount deposited and the new estimated costs. 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 costs 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 C.onsultant 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 improperly 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 the Planning Commission and the City Council -3- • barring no delays from the Applicant. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTE-ST: Aletha Rauten~ City Clerk AS TO FORM: Vincent' ~ City Attorney CITY: CITY OF CARLSBAD, a municipal corporation of the State of California By Frank Aleshire, City Manager APPLICANT: THE ODMARK DEVELOPMENT COMPANY ----- By: By: -4- ... . PLAZA CAMINO REAL City of Carisbad HaSP GROVE EIR 86-4 • • AGREEMENT between State of THIS AGREEMENT is made this 3rd day of June, 1986, the CITY OF CARLSBAD, a municipal corporation of the California, hereinafter referred to as CITY, and RECON hereinafter referred to as CONSULTANT. RECITALS WHEREAS, the CITY, has entered into an agreement with ODMARK DEVELOPMENT COMPANY hereinafter called the applicant, wherein the CITY agrees to prepare an Environmental Impact Report for the proposed project identified as a Master Plan Review of Hasp Grove parcels 0, E, and F, including tentative map review for Parcel E, for approximately 50 acres, which is located across from the Pl aza Camino Real Shopping Mall, south of Marron Road and Jefferson Streets, and more precisely shown on tne plat marked EXhibit "1", attached hereto and made a part hereof; and WHEREAS, the CONSULTANT has the qualifications to pre- pare 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 cove- nants and conditions, the parties hereto agree as follows: (1) DUTIES OF THE CONSULTANT CONSULTANT shall prepare an Environmental Impact Report on the subject project in accord with the California Environ- mental Quality Act as implemented by the State Guidelines and by CITY in Titl e 19 of the Carl sbad Munici pal Code and its implementing resolutions. In obligation the CONSULTANT'S duties following: carrying out this shall include the • • (a) The CONSULTANT shall (1) make all necessary and required field explorations, review and tests; (2) make all necessary and required laboratory tests and analysis; (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 require- ments 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 compli- ance with the Work Program contained in Attachment "2" on file at the Planning Department (unless otherwise stated in this agreement), attached hereto and made a part hereof and with applicable state law and city ordinances. The CONSULTANT Shall submit to CITY fifty copies (20 in comb- binding and 30 in 3-ring binders) plus a reproducible master of the draft EIR to the CITY. -2- (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 fac- tor s are present, he sh all so inform the Planning Director whO in turn wi 11 discuss with the applicant the feasibility of continuing with the report. The objective of this subsection of the agreement is to minimize the cost if these ad v ers e factors exist. (d) CONSULTANT shall prepare and file with the CITY written responses to all comments received subse- quent to public notice that the draft Environmental Impact Report has been filed. CONSULTANT shall also prepare any response necessary to matters r a i sed 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 Impact Report. (2) DUTIES OF THE CITY (a) The CITY will make payment to the CONSULTANT as pro- vided for in this agreement. (b) The CITY will make available to the CONSULTANT any documents, studies, or otner information in its possession related to the proposed project. -3- • (c) The CITY will review the Preliminary Report presented by the CONSULTANT within fourteen working days of their receipt-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 Environ- mental Impact Report subsequent to public notice that the draft 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 prior to the effective date of the termination. In event of termination all finiShed or unfinished documents and other materials prepared pursuant to this agreement Shall become its property. Upon termination for reasons other than breach of thi s agreement CITY Shall pay CONSULTANT the reasonable value of the services completed to the date of notice of termination. (4) RELEASE OF INFORMATION BY CONSULTANT Any reports, information or other data, prepared or assem- bled 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. -4- (5) OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF ENVIRON- MENTAL IMPACT REPORTS AND OTHER MATERIALS All documents and materials prepared pursuant to this agree- ment ar·e 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 $22,090 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 2 on file at the Planning Department. The CONSULTANT Shall be paid sixty percent of the compensable services completed within 15 days after receipt of his invoice for the completion of the draft Environmental Impact Report in accordance with Paragraph 1 above. The CONSULTANT will be paid twenty-five percent upon acceptance by the CITY of the response to comments from the CONSULTANT, the final fifteen percent will be paid not to exceed the maximum amount provided in this agreement within thirty days after receipt of invoice, to be submitted after the certification of the Environmental Impact Report by the City Council. -5- • (7) TIME OF COMPLETION Time is of the essence in carrying out tne terms of tnis agreement. It is understood that inclement weather con- ditions may delay tne completion of field work. The CONSULTANT will be allowed as many additional days as are necessary to compensate for days lost due to inclement weatner. The CONSULTANT snall submit to tne CITY five copies of the Preliminary Environmental Impact Report within four weeks of the signing of this agreement by both concerned parties. The CONSULTANT shall submit to the CITY fifty copies of tne draft Environmental Impact Report within one week of tne completed staff review of the Preliminary Environmental Impact Report. (8) LIMITS OF THE OBLIGATION The limits of tne obligation of tne CITY under this agree- ment is in tne sum of $22,090 wnicn amount is estimated to be sufficient to compensate tne CONSULTANT for all services performed nereunder during tne terms of this agree-ment. In the event at any time it appears to tne CONSULTANT that said sum may not be sufficient, ne shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $22,090 without appropriate amendment to this agreement. (9) CHANGES IN WORK If, in the course of this contract, cnanges seem merited by the CONSULTANT or the CITY and informal consultations indi- -6- cate that a Change in the conditions of the contract is war- ranted, 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 Council. 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 CONSULTANT's firm 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. (10) HOLD HARMLESS The CONSULTANT will indemnify the CITY against and hold it harmless from all and any cost, expense, or liability 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 agree- -7- ment, including the defense of any action arising therefrom. CONSULTANT will reimburse the CITY for all costs, expenses and losses ~ncurred by it in consequence of any claims, de- mands and causes of action which may be brought against it by a person arising out of the performance by CONSULTANT of this agreement. (11) 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 anyone person injured or $300,000 for property damage. The anyone accident and $50,000 for 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 snal1 name CITY as co-insured and a copy of such policy shall be filed with the CITY. (12) INDEPENDENT CONTRACTOR CONSULTANT in accordance with nis status as an independent contractor, covenants and agrees that he will conduct him- -8- • self 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 nereof, make any claim, demand, or application to or for any rignt or privilege applicable to an officer or employee of tne CITY including, but not limited to, workmen's compensa- tion coverage, unemployment insurance benefits, social se- curity coverage, or retirement membersnip credit. (13) ASSIGNMENT OF CONTRACT CONSULTANT shall not assign tnis contract or any part tnere- of or any monies due or to become due tnereunder without tne prior written consent of tne CITY. (14) SUBCONTRACTING If the performed snall be omissions directly CONSULTANT shall subcontract any of the work to be under tnis contract by CONSULTANT, the CONSULTANT fully responsible to tne CITY for tne acts and of its subcontractor and of tne persons either or indirectly employed by its subcontractor, as it is for tne acts and omissions of persons directly employed by it. Notning contained in tnis contract shall create any contractual relationsnip between any subcontractor of CONSULTANT and tne CITY. Tne CONSULTANT snall 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. -9- (15) 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 approv- ing any architectural, engineering, inspection, construc- tion, or material supply contract or subcontract in connec- tion with the construction of the project, shall become di- rectly 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 func- tions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. (16) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after tne execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor sucn verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms of this contract. -10- IN WITNESS WHEREOF, tne parties nereto nave executed tnis agreement on the day and year first above written. ATTEST: CITY OF CARLSBAD, a Municipal Corporation of the State of California BY~ City Manager Date Regional Environmental Consultant A C.p.l~forniar-Gorporation .' /.1--, By -, ··-._/d· .. 'c-< / (4t (' ~J/;2 r"'./7' ~·f((:, CONSULTANT ---" Dat:e/ Diane Pearson Vice President A~u~~~'erk Date /' ! I -11- ~ CITY OF CARLSBAD .' 1200 ELM -=NUE CARLSBAD, CALIFO IA 92008 438·5621 "~8-U c ',(2 !~\) G ,/", '(J /.'< ~' ,I ---,\ 'I" / " T ') \ (7 ,~"1 if ~ ). f,J II !;~ ~ I i v C U V DATE~' -J"\ l/l ACCOUNT NO. DESCRIPTION AMOUNT I ;: \?:J -1:'/ q_ (j d .~ 8"'-(J A' E /) A e /\ "{> () IV o? A tv :) ;)) () (L:J Lo ;J e, ~.1Z, I JUJJ r/'l12 /-/ J :) I~ I I P l-A I /'~ i~ ,) iJ S-MAs r c 1<-1'0 I I ;YA R( t J.. ~ O-&-~ I I I I Lj C'/\i) [ Iv' ;). If:r K ,> t, -I ", ' I I I I I I I I "" I I I RECEIPT NO. 61548 TOTAL ~;:; I \ ") I <) , , , •. ~,..t;> • . DESCRIPTION . AMOUNT I I. 1 I , .. I I. I o TOTAl., ;) ;) 0 1 0 to \u ... CITY OF CARLSBAD • 1200 ELM iWNUE CARLSBAD, CALIFO 'A 92008 438·5621 . REC'D FROM_~_~_~_~_:C:_·7_t:../_rlIE_-----'-/_'/...::.?_'·;;;;r-:-,-· _s_;..L_'··----_._.""_<--=/_c...I_,,_<"'_S_.-;-_,._7_-'_r4_._/,"-~/_'.;r __ ~ATE __ 6~"-,:/___"'_~_~ -_7-</;:.......:6--_1:.::...; __ ACCOUNT NO. DESCRIPTION AMOUNT ..".,---'"-,-, , C' o"..c/ C~"/2 /U h,-,'?;:::r-~ €3.:- : I RECEIPT NO. 63606 TOTAL • • HAYUTIN, RUBINROIT, PRAW & KUPIETZKY A PARTNERSHIP WHICH INCLUDES PROFESSIONAL CORPORATIONS BARRY G. WEST RICHARD A. CORLETO* MOSHE J. KUPIETZKY* ALBERT Z. PRAW* HOWARD J. RUBINROIT* MARC I. HAYUTIN* JAMES F. DONLAN LILIAN B. LEWIS MARK F. WEISS STEVEN L. BROOKMAN * PROFESSIONAL CORPORATIONS Michael Holtzmiller Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Hosp Grove Dear Mr. Holtzmiller: ATTORNEYS AT LAW 2029 CENTURY PARK EAST, SUITE 1515 LOS ANGELES, CALIFORNIA 90067 July 23, 1986 TELEPHONE (213) 277-5050 REFER TO FILE: On behalf of the Odmark Development Company and the owners of the above-referenced property, we are enclosing a check for $1,900.00, which we understand is the final additional charge for the EIR concerning the Grove. We have been advised that the draft EIR has been prepared, and would appreciate being sent a copy thereof as soon as it is available. HJR:mm Encl. cc: Vince Biondo, Esq. John Thelan, Esq. Ted Odmark John Bartman Bill Allen Very truly yours~ £~./' Howard J. Ru inroit of HAYUTIN, RUBINROIT, PRAW & KUPIETZKY