Loading...
HomeMy WebLinkAbout1989-11-14; City Council; Resolution 89-406e 0 1 2 3 4 5 6 RESOLUTION NO. 89 - 406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARLCANNON ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE CARLSBAD PROMENADE - EIR 89-2. The City Council of the City of Carlsbad, California, does hereby resolve as 7 follows: 8 1. That certain agreement between the City of Carlsbad and Carlcannon 9 10 11 Associates for the payment of consultant costs for the preparation of an environmental impact report for the review of the Carlsbad Promenade project, a 12 II copy of which is attached hereto, marked Exhibit "2", and incorporated herein by 13 l5 2. The Mayor of the City of Carlsbad is hereby authorized and directed 14 reference, is hereby approved. to execute said agreement for and on behalf of the City of Carlsbad. 16 17 18 19 to wit: PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad held on the 14th day of November , 1989, by the following vote, 2o I AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 21 il NOES: None 22 23 ABSENT: None 24 25 26 ATTEST: 27 28 7. 2 e e AGREEMENT THIS AGREEMENT is made this z*day of b 1989, between thc CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafte referred to as CITY, and CARLCANNON ASSOCIATES hereinafter referred to a: APPLICANT. RECITALS WHEREAS, the APPLICANT has filed with the CITY a request fo~ approval of a proposed project identified as the CARLSBAD PROMENADE (GPA 89. 4, etc.) requiring an Environmental Impact Report; and WHEREAS, CITY has determined that its current staff lacks the appropriate personnel to process the proposed Environmental Impact Report in a timely and thorough manner; and WHEREAS, CITY has determined that to proceed with the processing ol the Environmental Impact Report it will be necessary to hire a consultant to aid staff with the monitoring and processing of such Environmental Impact Report; and WHEREAS, APPLICANT in order to ensure the expeditious processing of said Environmental Impact Report desires to pay to CITY the amount necessary to hire CONSULTANT. NOW, THEREFORE, in consideration of the covenants and conditions, it is agreed as follows: e e 1. The CITY will engage the firm of RECON, hereinafter referred to as the "CONSULTANT" to perform the necessary work in the processing and monitoring of the Environmental Impact Report for that 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 'Y, on file in the Planning Department and made a part of this agreement by reference, and may require: a) Weekly communication with the CITY staff; b) Written reports; and c) 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 Environmental Impact Report at the earliest feasible time. The CITY will advise the APPLICANT in writing of any significant economic problems 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 services. Such cost shall be based on the costs set forth in Exhibit Y". The APPLICANT has advanced the sum of $32,980.00 as payment on account for the actual cost of the Consultant's services; -2- 1. e 0 in the event it appears, as the work progresses, that said sum will not be sufficient to cover the actual cost, the CITY will notify the APPLICANT of the difference between the amount deposited and the new estimated cost. 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 cost 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 Consultant deems necessary to complete the Environmental Impact Report. 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. 6. It is understood that the CITY will attempt to bring the Environmental Impact Report to Planning Commission and CITY Council as soon as possible, barring no delays from the APPLICANT. ... ... ... -3- * e' .' 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 ent Company ins, President ES ATTESTED: 4 Qa.," ALETHA L. RAUTENKRANZ, CitfiClerk APPROVED AS TO FORM: City Attorney -4- I '' .- " e w LOCATION MAP @P I EXHIBIT "A' LAGOON '1 I City of C