HomeMy WebLinkAbout1977-05-03; City Council; Resolution 5060-- \
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RESOLUTION NO 5060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND LAKE CALAVERA HILLS FOR THE PROVISION
AND COMPENSATION OF SERVICES TO PROVIDE AN ECONOMIC IMPACT REPORT ON THE LAKE CALAVERA HILLS 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 Lake Calavera Hills for the provision and compensation of con-
sulting services to provide a land use and public facilities
Economic Impact Report on the Lake Calavera Hills 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
2r~ day of May , 1977 by the following vote, to wit:
AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and Counci 1 woman Cas1 er
NOES : None
ABSENT: None
ATTEST : 4
(SEAL)
ROBERT PeAy- C. FRAZEE, yor
AGREEMENT
Exhibit "A" to Council Resolution N0.5060
.(with applicanF
THIS AGREEMENT is made this 3rd day of May r
19 - , between the CITY OF CARLSBAD, a municipal corporation
of the State of California, hereinafter referred to as CITY,
and LAKE CALAVERA HILLS herein 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 Lake
Calavera Hills Master 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 Peport prior to consideration of the
project; and
WHEREAS, the City has determined that it-must engage the
.c . . 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;
NOW THEREFORE, in consideration of the covenants and con-
ditions hereinafter contained, it is agreed as follows:
1. The City will engage the firm of Levander, Partridge
and Anderson, Inc, hereinafter referred 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 pla~ map attached hereto marked Exhibit "A" and
incorporated herein by reference.
2.
3.
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) Such other work as may be necessary to properly
evaluate the Land Use and Public Facilities Economic
Impacts of the proposed project.
The Applicant shall pay to the City the actual cost
incurred 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 $18,400 as payment on account for the cost of pre-
paring said report;'that in the event it appear%, as
the work progresses, that said sum will not be sufficient,
4.
the City will notify the Applicant. No further work will
be performed by the Consultant incurring an obligation
beyond the amount advanced without an appropriate amend-
ment to this Agreement. If the actual cost of preparing
the report is less than Applicant's advance, any surplus
will be refunded to Applicant by City.
It is understood that the Consultant shall be an in-
dependent 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
deems necessary to complete the Land Use and Public
e2
Facilities Economic Impact Report. It is agreed that
the Applicant at no time%ill 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
ATTEST:
. 'C.
APPROVED AS TO FORM:
City Attorney -
first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of California.
?%T c. FRAZEE, Mdor
LAKE CALAVERA HILLS
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