HomeMy WebLinkAbout1981-12-15; City Council; Resolution 6744a f
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RONALD C. PACKARD, Mayor
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RESOLUTION NO. 6744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND SIGNAL LANDMARK, A DEVELOP-
MENT COMPANY, WHEREBY THE CITY WILL ACCEPT FUNDS FROM
THE DEVELOPER FOR PROVISION OF AN ENVIRONMENTAL IMPACT
REPORT
The City Council of the city of Carlsbad, California, does
iereby resolve as follows:
1. That certain agreement between the city of Carlsbad and
signal Landmark-Carlton Brown, for provision of EIR funds, a copy
If which is on file with the City Clerk, and incorporated herein
3y reference, is hereby approved.
2. The Mayor of the city of Carlsbad is hereby authorized
2nd directed to execute said agreement for and on behalf of the
zity of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the city of Carlsbad, held on the 15th day of Decem-
ber, 1981, by the following vote, to wit:
AYES : Council Mehers Packayd, Casler , hear, Lewis and Kddhin
NOES: None
ABSENT: bIe
ABSTAIN:
ATTEST :
( SEAL)
0 Y 0
AGREEMENT
t
THIS AGREEMENT is made this day of I
1981, between the CITY OF CARLSBAD, a municipal corporation of
the State of California, hereinafter referred to'as CITY, and
SIGNAL LANDMARK, hereinafter referred tb as APPLICANT.
RECITALS
* WHEREAS, the Applicant has filed with City a request for
approval of a proposed project identified as a specific plan and
tentative map requiring an Environmental Impact Report (EIR); and
WHEREAS, 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 desires to pay to City the amount neces-
sary to hire Consultant.
MOW, THEREFORE, in consideration of the covenants and *
conditions, it is agreed as follows:
1. The City will engage the firm of WESTEC hereinafter
referred to as the "Consultant" t9 perform the
necessary work in the processing and monitoring of
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the EIR for that area more particularly depicted
upon a site map attached as Exhibit ''1" and made a
part of this agreement. . . I
2. It is understood that the Consultant services shall
conform to the Proposal attached as*Exhibit "2" and
made a part of this agreement, and may require:
(a) Field exploration;
(b)
(c) Written reports; and
(d)
Weekly communication with the city staff;
Such other work necessary to properly evaluate
the proposed project as directed by the Plan-
ning Director.
3. It is understood that the City will direct the Con-
sultant to complete a draft and final EIR at the
earliest feasible time.
Applicant in writing of any impacts which may render
the proposed project unfeasible within a reasonable
time after City has received the Consultant's con-
clusions in writing.
The Applicant shall pay to the City the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Exhibit "2". The
Applicant has advanced the sum of $ 9,650,OO as pay-
ment on account for the actual cost of the Consul-
tant's services; in the event it appears, as the
work progresses, that said sum will not be suffi-
The City will advise the --
4.
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5.
.I
6.
cient to cover the actual cost,
the Applicant of the difference
deposited and the new est.imated
ensure, to the extent feasible,
the City will notify
between the amount
cost. City will &
that no further work
will be performed by the Consultant incurring an
obligation beyond the amount advanced without an
appropriate amendment to this Agreement.
actual cost of preparing the report is less than the
Applicant's advance, any surplus will be refunded to
Applicant by City.
If the
It is understood that the Consultant shall be an
independent contractor of the City.
agrees to permit the Consultant to enter upon his
The Applicant
property and to perform all work thereon as the Con-
sultant 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 influence such Consultant during the
course of his investigation and report,
It is understood that the City will attempt to bring
the EIR to Planning Commission and City Council as
soon as possible, barring no delays from the Appli-
cant.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
I
ATTEST:
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California - e
BY
APPLICANT:
Assistant City Attorney
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