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HomeMy WebLinkAbout1990-10-16; City Council; Resolution 90-382// 0 0 1 2 3 4 5 6 RESOLUTION NO. 90-382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SUNBELT DEVELOPMENT, OCEAN BLUFF PARTNERS, BRAMALEA CALIFORNIA INC., BEZTAK OF CALIFORNIA, AND CARLSBAD HEIGHTS ASSOCIATES FOR THE FUNDING OF THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE REVIEW OF THE ZONE 20 SPECIFIC PLAN - EIR 90-03 7 1. That certain agreement between the City of Carlsbad and 8 The City Council of the City of Carlsbad, California, does hereby resolve a; 9 Zone 20 Specific Plan, a copy of which is attached hereto, marked Attachment 2, and in= 11 Heights Associates for the funding of the preparation of an environmental impact repol 10 Development, Ocean Bluff Partners, Bramalea California Inc., Beztak of California, and I.2 11 herein by reference, is hereby approved. I.3 I! 2. The Mayor of the City of Carlsbad is hereby authorized and di 14 15 16 17 18 19 20 21 22 execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad held on the 16th day of October , 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaur NOES: None Pettine ABSENT None 23 24 ATTEST 25 LLki5LA 26 kmm L. RA~~L%Y~* 27 I1 28 0 0 ATTACHMEN 4- AGREEMENT FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE ZONE 20 SPECIFIC PLAN THIS AGREEMENT is made this x day of S+k,,+,\,nc , 19-, betwe the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinaR referred to as CITY, and Sunbelt Development, Ocean Bluff Partners, Bramalea Califorr Inc., Beztak of California, and Carlsbad Heights Associates hereinafter referred to APPLICANT. RECITALS WHEREAS, the APPLICANT has filed with CITY a request for approval a proposed project identified as Zone 20 Specific Plan requiring an Environmental Imp: Report (EIR); and WHEREAS, CITY has determined that its current staff is inadequate number to process the proposed EIR in a timely and thorough manner; and WHEREAS, APPLICANT in order to ensure the expeditious processing said EIR desires to pay to CITY the amount necessary to hire a Consultant. NOW, THEREFORE, in consideration of the covenants and conditions, i agreed as follows: 1. The CITY will engage the firm of Brian Mooney & Associs hereinafter referred to as "Consultant" to perfqrm the necessary w( in the processing and monitoring of the EIR for that area mc particularly depicted upon a site map attached as Attachment and made a part of this agreement. 1 L- e 0 2. It is understood that the Consultant services shall conform to the Proposal attached as Attachment 2 and made a part of this agreement, and may require: (a) Field exploration; (b) Weekly communication with the CITY staff; (c) Written reports; and (d) Such other work necessary to properly evaluate the proposec project as directed by the Planning Director. 3. It is understood that the CITY will direct the Consultant to complete a draft and final EIR at the earliest feasible time. The CITY will advisc the APPLICANT in writing of any impacts which may render the proposed project unfeasible within a reasonable time after CITY ha: received the Consultant's conclusions in writing. 4. The APPLICANT shall pay to the CITY the actual cost of thc Consultant's services. Such cost shall be based on the costs se forth in Exhibit "C". The APPLICANT has advanced the sum o $62,727.00 as payment on account for the actual cost of thc Consultant's services; in the event it appears, as the work progresses, that said sum will not be sufficient to cover the actua cost, the CITY will notify the APPLICANT of the difference betweer the amount deposited and the new estimated cost. CITY will ensure to the extent feasible, that no further work will be performed by thc Consultant incurring an obligation beyond the amount advancec I without an appropriate amendment to this Agreement. If the actus 0 Q \- 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 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. 6. 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 APPLICANT. I 3 0 \- 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 By: APPLICANT: By: ATTEST: Carlsbad Heights Associates, A California General Partnership By: Brman Pro 4B&&& A PROVED AS TO FORM: ".. \.. ~NCEN~ . ORDO, JR. I City Attorney I 4 e 0 ,- IN WITNESS WHEREOF, the parties hereto have executed this agreemen on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation of tht State of California By: APPLICANT: SUNBELT PLANNING CO. - By: -Y KAZUYUKI KAWAKITA, PRESIDENT ATTEST: Lz.&zLP+ %LETHA L. RAUTENKRANZ, City Cle k VINCENT F. BIONDO, JR. City Attorney 1 4 e 0 ,* 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 By: ATTEST: APPLICANT: OCEANBLUPF PARIcw'EE&d />' / I. ,., .*) . 7: /L"- ,... T -. "." -. .. .._ 'e-. - ,x' .',d,74 ,- By: # / -<$.. .. ' .7 .. ,!. +$5yx> ' .aeick./fy ALETHA L. RA~JTENKRANZ, City CIe APPROVED AS TO FORM: I 4 w w IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSEAD, a Municipal Corporation of the State of California By: A'TTEST: %%e By: Vlctf-vkl\oeq -TRPH@ILB WL.,T!?'C- . hLd% ALETHA L.' RAUTENKRANZ, City CI k APPROVED AS TO FORM: City Attorney (@J rO Q CORPORATE ACKNOWLEDGMENT c AL On this theAAday of I the undersigned Notary Public. personally appeared . Um n t . L!LJmZ-/ I * &personally known to me '. :\ 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as \!I c 6 ,Pf- w . named, and acknowledged to me that the corporation executed it. '* or on behalf of the corporation therein . '* ~ ~~ a a IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year flrst above written, CITY OF CARLSBAD, 8 Municipal Corporation of the State of California By: APPLICANT: BEZTAK/WESTREND, Limf ted Partnership A7TEST: k 1 BLA - M Md& Larry M, Wflkinson &id ;klh ALETHA t. RAUTENKRANZ, Clty clerk &id ;klh ALETHA t. RAUTENKRANZ, Clty clerk APPROVED AS TO FORM: t 4 """""""""""""~""""""""""""""""--".--.---~-- -