HomeMy WebLinkAboutAGENDA REPORT 1996 0221 CC REG ITEM 07GAGENDA REPORT
CITY OF MOORPARK
ITEM-74 •
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Deborah S. Traffenstedt, Senior Planner 'D,.j
DATE: February 14, 1996 (CC Meeting of 2- 21 -96)
SUBJECT: CONSIDER APPROVAL OF A SECOND ADDENDUM TO THE AMWM4ENT
BETWEEN THE CITY AND BOLLINGER DEVELOPMENT CORPORATION, AND A
SECOND ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY AND THE PLANNING CORPORATION, FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT AND PROVISION OF RELATED SERVICES
FOR THE MOORPARK COUNTRY CLUB ESTATES PROJECT (BOLLINGER
DEVELOPMENT PROJECT: GPA -94 -1, ZC -94 -1, VTM -4928, RPD -94 -1,
CUP -94 -1)
BACKGROUND
An Agreement between the City and Bollinger Development Corporation and
a Professional Services Agreement between the City and the Planning
Corporation for preparation of an EIR and provision of related services
were executed in 1994 and subsequently amended by an Addendum.
DISCUSSION
The attached Second Addendums to both the Bollinger and Planning
Corporation Agreements are proposed to allow for preparation of an
Addendum to the Final EIR. The Addendum to the Final EIR will address
revisions made to the project to further mitigate impacts. The total
cost for the Planning Corporation to prepare the Addendum to the Final
EIR and attend an additional public hearing is $2,500.
STAFF RECOMMENDATION
1. Following receipt of a deposit amount of $2,875, authorize the City
Manager to sign the Second Addendum to the Agreement between the
City and Bollinger Development Corporation.
2. Following execution of the Second Addendum to the Bollinger
Development Corporation Agreement, authorize the City Manager to
sign the Second Addendum to the Professional Services Agreement
between the City and the Planning Corporation.
Attachments: Draft Second Addendums
000043
SECOND ADDENDUM TO AGREEMENT BETWEEN THE CITY OF
MOORPARK AND BOLLINGER DEVELOPMENT CORPORATION FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND
PROVISION OF RELATED SERVICES FOR THE BOLLINGER
DEVELOPMENT PROJECT
THIS SECOND ADDENDUM, made and entered into this day of
, 1996, by and between the City of Moorpark ( "City ") , a
Municipal Corporation, located in the County of Ventura, State of
California, and Bollinger Development Corporation ( "Bollinger "), a
California Corporation, which Second Addendum is entered into with
reference to the following recitals.
RECITALS
WHEREAS, on November 2, 1994, Bollinger entered into an Agreement
with the City for Preparation of an Environmental Impact Report and
Provision of Related Services for the Bollinger Development Project
(hereinafter referred to as "the Agreement "), requiring Bollinger to be
responsible for payment of all costs associated with preparation of an
environmental impact report (EIR) and provision of related services for
the Bollinger Development Project; and
WHEREAS, subsequent to preparation of the Final EIR, the Bollinger
Development Project was revised to further mitigate impacts, and an
Addendum to the Final EIR must now be prepared to address the revised
project description;
NOW, THEREFORE, in consideration of the mutual covenants, benefits
and premises contained herein, the parties agree as follows:
Article I, COSTS OF PLANNING CORPORATION AGREEMENT, is hereby
modified to read as follows:
Bollinger shall pay to City all costs incurred by City in strict
accordance with the Planning Corporation Agreement; provided,
however, that such costs shall not exceed $85,930.00, without the
prior written agreement of Bollinger and the City, of the changes
in the scope of work for the Planning Corporation Agreement, which
result in the increase of said cost. Payment by Bollinger to City
shall be in accordance with the terms set forth in this Agreement.
Prior to joint execution of the Second Addendum to the Agreement
between the City of Moorpark and Bollinger Development Corporation
for Preparation of an Environmental Impact Report and Provision of
Related Services for the Bollinger Development Project, Bollinger
shall pay to the City a total of $2,875, which shall be deposited
into a project trust fund account, and used for payment of $2,500
to the Planning Corporation for preparation of an Addendum to the
Final EIR and attendance at a public hearing, and $375 for the
City's administrative fee.
1 000050
IN WITNESS WHEREOF, the parties have caused this Second Addendum to
Agreement to be executed the day and year first above written.
CITY OFb4OORPARR: BOLLINGMR DEVELOPbONT CORPORATION
California Corporation
BY BY
Steven Kueny
City Manager
ATTEST:
BY
Lillian E. Hare
City Clerk
Paul Bollinger
President
000051
SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEb1ENT
BETFIEEN THE CITY OF MOORPARK AND THE PLANNING
CORPORATION FOR PREPARATION OF AN ENVIRONdENTAL
IMPACT REPORT AND PROVISION OF RELATED SERVICES FOR
THE BOLLINGER DEVELOPMENT PROJECT
THIS SECOND ADDENDUM, made and entered into this day of
, 1996, by and between the City of Moorpark ( "City ") , a
Municipal Corporation, located in the County of Ventura, State of
California, and the Planning Corporation, a California Corporation, which
Addendum is entered into with reference to the following recitals.
RECITALS
WHEREAS, the Planning Corporation entered into a Professional
Services Agreement with the City on June 17, 1994, to perform
professional environmental compliance, planning, and resource management
services related to the preparation of an environmental impact report
( "EIR ") and provision of related services for the Bollinger Development
Project, as described in Exhibit "A ", the Scope of Work to that
Professional Services Agreement; and
WHEREAS, on November 3, 1994, an Addendum to the Agreement between
the Planning Corporation and the City was approved to amend the Scope of
Work; and
WHEREAS, subsequent to preparation of the Final EIR, the Bollinger
Development Project was revised to further mitigate impacts, and an
Addendum to the Final EIR must now be prepared to address the revised
project description;
NOW, THEREFORE, in consideration of the mutual covenants, benefits
and premises contained herein, the parties agree as follows:
Article I, SCOPE OF WORK, is hereby amended to add a second
paragraph as follows:
Exhibit "A ", Scope of Work, is hereby amended to include preparation
of an Addendum to the Final EIR, to address the revised project
description, and attendance at an additional public hearing, at a
cost not to exceed $2,500.
Article II, COMPENSATION, is hereby amended to read as follows:
The fees in full compensation to the Planning Corporation for the
services rendered to prepare the Draft and Final EIR' s, the Addendum
to the Final EIR, and other related documents shall not exceed
$85, 930.00, without the prior agreement of the City of Moorpark and
the Planning Corporation of the changes in the Scope of Work, which
result in the increase of said cost. Payment by the City to the
Planning Corporation shall be in accordance with the provisions of
Article IV, Paragraph K, of this Agreement.
1
000052
IN WITNESS WHEREOF, the parties have caused this Second Addendum to
Agreement to be executed the day and year first above written.
CITY OFb1OORPARK:
BY
Steven Kueny
City Manager
ATTEST:
BY
Lillian E. Hare
City Clerk
THE PLANNING CORPORATION
BY
2
Steve Craig
President
000053