CITY COUNCIL AGENDA ITEM NO.
Meeting Date: April 9, 2002
Subject/Title: Approval of Agreement for Payment of Contract Services with Lucia Albers for Environmental Review for development proposal at Lone Tree and Fairview
Submitted by: Mitch Oshinsky, AICP, Community Development Director
Approved by: John Stevenson, City Manager
Approve the Agreement for Payment of Contract Services with Lucia Albers for environmental review.
Lucia Albers wishes to proceed with plans for development of a retail commercial center on the corner of Lone Tree Way and Fairview. Due to the potential noise and traffic impacts of the project, and its proximity to existing homes, a Mitigated Negative Declaration (MND) needs to be prepared for the project.
By adoption of this Agreement, Ms. Albers pays for all costs for production of the MND, in addition to all other applicable City development and application fees. Adoption of this Agreement is appropriate prior to the following item on the Council Agenda on April 9, 2002, which is for approval of the contract with the MND preparer.
In order to avoid potential conflict of interest, the City has, with Ms. Alber’s concurrence, selected the consultant, Richard Loewke. Ms. Albers will pay the City for the MND, and the City will pay Loewke, who will report directly to me.
AGREEMENT FOR PAYMENT OF CONTRACT SERVICES
WITH LUCIA ALBERS FOR
ENVIRONMENTAL REVIEW FOR PROPOSED DEVELOPMENT PROJECT
AGREEMENT, made this 9th day of April 2002, between the CITY OF BRENTWOOD (“CITY”), a municipal corporation, and LUCIA ALBERS ("APPLICANT").
For the consideration hereby acknowledged, the CITY and APPLICANT agree as follows:
SECTION 1. PURPOSE OF AGREEMENT. The APPLICANT desires to proceed with a Mitigated Negative Declaration (MND) as necessary pursuant to State law, to analyze and mitigate any potentially significant environmental impacts arising out of the APPLICANT’S proposed Lone Tree and Fairview development project. CITY and APPLICANT agree to engage a consultant to prepare an MND. The CITY has selected Richard Loewke (“Consultant”) to prepare the MND. APPLICANT agrees to pay all costs for production of subject MND, in addition to all other applicable CITY development and application fees.
SECTION 2. SELECTION OF CONSULTANT. CITY and Consultant have separate Agreement for Contract Services for the MND, dated April 9, 2002.
SECTION 3. PAYMENT TERMS FOR APPLICANT. APPLICANT has paid the CITY all costs associated with preparation of the MND, not to exceed $32,725.
SECTION 4. MND SCOPE OF WORK. The Consultant shall perform any and all work needed to complete the tasks outlined in the Consultant’s Proposal, attached as Exhibit “A” and incorporated herein by reference, and which shall serve as the Scope of Work for the MND for the project, except as the Scope may be amended by mutual written agreement among the APPLICANT, Community Development Director, and the Consultant’s authorized representative.
SECTION 5. TERMINATION. This Agreement may be terminated by either the CITY or the APPLICANT following thirty (30) days written notice of intention to terminate; thereafter, the APPLICANT shall be liable to the CITY only for those fees and costs earned by Consultant to the date of termination and which shall be substantiated by an itemized written statement certified and submitted to CITY by the Consultant. The CITY's right of termination shall be in addition to all other remedies available under law to the CITY. In any event, this Agreement shall expire at the time the work is completed, but no later than August 31, 2002.
SECTION 6. ADDITIONAL SERVICES. In addition to the ongoing services described herein, the CITY, APPLICANT and Consultant may agree in writing during the terms of this Agreement, that the Consultant shall perform additional services found to be necessary. Such additional services shall not be undertaken by the Consultant until there is an Agreement between the CITY and the APPLICANT as to the scope of the services and the cost to perform said services and the CITY has received written authorization to proceed from the APPLICANT.
SECTION 7. OWNERSHIP OF INFORMATION. All reports, exhibits, data, materials, or other work prepared by the Consultant in compliance with this Agreement shall become the property of the CITY.
SECTION 8. JURISDICTION. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from the Agreement shall be in Contra Costa County. If any part of this Agreement is found in conflict with applicable laws, such part
shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect.
SECTION 9. ATTORNEY'S FEES. In the event either party to this Agreement brings an action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, witness fees and legal costs. For purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.
Effective date of this Agreement shall be the date first above written.
Printed Name: ____________________________
Phone: ________________ Fax: ____________
CITY OF BRENTWOOD:
John Stevenson, City Manager
Karen Diaz, CMC, Deputy City Manager/City Clerk
APPROVED TO AS TO FORM:
_______________________________________ Dated: ___________
Dennis Beougher, City Attorney