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HomeMy WebLinkAbout1977-04-05; City Council; Resolution 50281 2 3 4 5 E 7 E s 1c 11 12 1: 11 l! It 1' I{ l! 2( 2: 21 2 2, 2 2 2 2 RESOLUTION NO. 5028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD SANTA FE COMPANY AND FOR THE PROVISION AND COMPENSATION OF SERVICES TO PROVIDE AN ECONOMIC IMPACT REPORT ON THE CARLSBAD OAKS MASTER PLAN. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That this certain agreement between the City of Carlsbad and Santa Fe Company for the provision and compensation of con- sulting services to provide a land use and public facilities Economic Impact Report on the Carlsbad Oaks Master Plan, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby autho- rized and directed to execute said agreement 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, held on the 5th day of April, 1977 by the following vote, to wit: AYES: NOES: None. Councilmen Frazee, Lewis, Skotnicki, Packard and Councilwoman Casler. #@ - -ROBERT C. FRAZEE, Mafor ATTEST: NORA K. GARDINER, Deputy City Clerk (SEAL) d Cf 0 0 Exhibit A to Resolution N.o. 5028 AGREEMENT THIS AGREEMENT is 19 , between the CITY OF of the State of California, and SANTA FE COMPANY 'herein made this day of , CARLSBAD, a municipal corporation hereinafter referred to as CITY, after referred to as APPLICANT. RECITALS : .. WHEREAS, the Applicant has filed with the City a request for approval of a proposed project identified as The Carlsbad Oaks Mastek Development Plan; and WHEREAS,, paragraph 2B of Section 21.38.060 of Chapter 21.38 of Title 21 requires the preparation of. a Land Use and Public Facilities Economic Impact Report prior to consideration of the project: and WHEREAS, the City has determined that it must engage the services of a qualified consultant to perform the necessary work in the preparation of said Land Use and Public Facilities Economic Impact Report for the proposed project; T now therefore, in consideration of the covenants and conditions (I hereinafter contained, it is agreed as follows: .. -1. The City will engage the firm of Ashley Economics, Inc., . ihereinaf ter ref erred to as the "Consultant" to perform -the necessary work in the preparation of Land Use and Public Facilities Economic Impact Report for that area more particularly depicted upon a plat map attached hereto marked Exhibit "A" and incorporated herein by reference. 1. 3 I 0 0 2. It is understood that preparation of the Land Use and Public Facilities Economic Impact Report shall conform to the Proposal attached hereto as Exhibit "B", and may require: (a) Collection of data; (b) Analysis of data; (c) Written reports; and (d) '.. 1 Such other work as may be necessary to properly evaluate the Land Use and Public Facilities Economic Impacts of the proposed project. 3. The Applicant shall pay to the City the actual cost hcurred by the Consultant in preparing said report; that such costs shall be based on the costs set forth in Exhibit "B". The Applicant has advanced the sum of $19,500 as payment on account for the cost of pre- paring said report';. that in the event it appears, the work progkesses, that said sum will not be sufficient, the City will.notify the Applicant. No further T work will be performed by the Consultant incurring an obligation beyond 'the amount advanced without an 'appropriate ameqd- mend to this Agreement. If the actual cost of preparing the report is less than Applicant's advance, any surplus will be refunded to Appli'cant by City. It is understood that the Consultant shall be an in- depended contractor of the City; that the Applicant agrees to permit the Consultant to enter upon his prop- erty and to perform and work thereon as the Consultant as .* 4. deems necessary to complete the'Land Use and Public r .2 . *. *. Facilities Economic Impact Report. . It is agreed that the Applicant at no time will interfere with the Con- sultant in the performance of such work or attempt to influence such Consultant during the course of*his investigation and report. 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 ATTEST: , . BY MARGARET E .** AD NORA K. GARDINER, Deputy City Clerk SANTA FE COMPANY - BY APPROVED AS TO FORM: T Q City Attorney . .. .3