HomeMy WebLinkAbout1981-01-20; City Council; Resolution 6408I
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RESOLUTION NO. 6408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREETjlENT
BETWEEN THE CZTY OF CARLSBAD AND THE OCCIDENTAL
COMPANY OR ASSIGNS FOR THE PAYMENT OF CONSULTANT
COSTS INCURRED FROM THE PROVISION OF AN ENVIRON-
MENTAL IMPACT REPORT ON THE LAND SOUTHWEST, SOUTH-
EAST AND NORTIBAST OF 1-5 AND POINSETTIA LANE.
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 the Occidental Company or assigns for the payment of
consultant costs incurred from the provision of an Environmental
Impact Report for the land located southeast, southwest, and
a copy of which is attached hereto marked Exhibit 3 and made
a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized 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
20th day of January, 1981, by the following vote, to wit:
AYES :
NOES : None
Council Members Packard, Casler, Anear, Lewis and Kulchin
ABSENT: N~~~
RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
0
AGRElEMENT
THIS AGREEMENT is made this 20th day of Sanuary, 1981,
between the CITY OF CARLSBAD, a municipal corporation of the
State of Ca.lifornia, hereinafter referred to as CZm, and
THE OCCIDENTAL COMPANY OR ASSIGNS hereinafter referred to as
APPLICANT.
FCECITALS :
WHEREAS, the Applicant has filed with the City a request:
for' approval of a proposed project located southwest, southeast,
and northeast of 1-5 and Poinsettia Lane; and
WHEREAS, the City has determined that said project could
have a significant impact on the environm>eqt and that an
Environmental ImpaGt Report must be prepared prior to consider-.
ation 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 an Environmental Impact Report for the
proposed project;
NOW, THEREFORE, in consideration of the covenants and
conditions hereinafter contained, it is agreed as follows:
1. The City will engage-the firm of Haworth and
Anderson, Inc. hereinafter referred to as the
"Consultant"
EXHIBIT 3
to perform the necessary work in the
L . .. of an Report for
that area more particularly depicted upon a site map
attached hereto marked Exhibit "A" and incorporated
herein by reference,
It is understood that preparation of the Environmental
Impact Report shall conform to the Proposal attached
hereto as Exhibit 2, and may require:
2.
(a] Field exploration, review and tests;
(b) Laboratory tests and analysis;
(c) Written reports; and
(a) Such other data as may be necessary
to properly evaluate the impact of, the
. proposed project on.the environment.
3; It is understood that the City will direct the Consultant
to determine at the earliest time those factors which
. could severely inhibit or prohibit the proposed project;
that the City will advise the Applicant of -?Ale Consultant's.
conclusion for the purpose of determining the feasibility
of continuing with preparation of the Environmental
..
Impact Report,
4. 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.2,
$15,900 as payment on account for the cost of preparing
The Applicant has advanced the sum of
said report; that in the event it appearsc as the
e
work progresses, that said sum will not be sufficient,
5.
the city will notify the applicant,
will be performed by the consultant incurring an obli-
NO further work
gation beyond the amount advanced without an appropriate
amendment to this agreement.
preparing the report is less than applicant's advance,
any surplus will be refunded to applicant by city.
The applicant shall further pay to the city the
actual cost incurred by the city in the pnacessingc
If the acttxa1 cost of
review, preparation of comments, or other work performed
in connection with the report, The applicant has
advanced the amount of $15,90Q as payment for said
services and agrees 'that if the actual cost incurred
c by the city exceeds the amount of the deposit he
will, after receipt of city invoice, promptly remit
to 'the city such additional' amount,
cost incurred by the 'city is Iess than the amount of
the payment by the applicant, the city will promptly
refund such surplus funds to the applicant.
If the agtual
It is understood that the consultant shall be an
independent contractor of the city; that the applicant ..
agrees to permit the consultant to enter upon his
Y property and to perform all work thereon as the
consultant deems necessary to complete the Environ-
mental Impact Report. It is agreed that the applicant
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at no time will interfere with the consultant in the
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performance of such work or attempt to influence
such consultant during the course of his investi-
gation and report.
It is understood that the city wil3, attempt to bring 7.
the Environmental Impact Report to Planning Commission
hearing not later than April, 1981.
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 California
RONALP C. PACKARD, Mayor
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ATTEST:
.3
..
. ALETHA L. RAUTENKRANZ, City Cl+k
Appl icant
.. .. .
.. . .. .. By '' .
\s APPROVED AS TO FORM
- \,
City Attorney