HomeMy WebLinkAboutReso 1990-15987 RESOLUTION NO. 15987
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SEI"FLEMENT AGREEMENT, MUTUAL GENERAL
RELEASE, AND AGREEMENT FOR ENVIRONMENTAL CONSULTING
SERVICES REGARDING THE RANCHO SAN MIGUEL ENVIRONMENTAL
CONSULTING AGREEMENT-
WHEREAS, San Miguel Partners ("Partners") are the owners of a parcel or
parcels of substantially unimproved land ("Rancho San Miguel");.and,
WHEREAS, Partners desires to develop said land, and have submitted to
City a General Development Plan as a condition precedent to a prospective
subdivision of Rancho San Miguel into lots designed for residential use; and,
WHEREAS, said General Development Plan is required to be environmentally
reviewed and approved by the City prior to approval of said General
Development Plan by City; and,
WHEREAS, on or about October 13, 198g, City, by and through its
Environmental Review Coordinator, entered into a three party agreement with
Partners and Keller Environmental Services, Inc. ("Keller") entitled
"Agreement Between the Environmental Review Coordinator of the City of Chula
Vista, San Miguel Partners and Keller Environmental Associates, Inc."
("Original Agreement"); and,
WHEREAS, between October 13, 1989, and December ll, 1990, the City,
Partners and Keller agreed upon eight additional amendments to the Original
Agreement, all of which shall herein be referred to as the "Compiled
Agreement"; and,
WHEREAS, the agreement, known as document number C090-280, entitled
"Settlement Agreement, Mutual General Release, and Agreement with ERCE for
Environmental Consulting Services, Rancho San Miguel Environmental Consulting
Agreement" ("Settlement A~reement") provides for an accounting for services
performed to date of termination, appropriated adjustment of compensation for
said services to date of termination, release of all parties from all claims
between said parties, and a new environmental consul tant ("ERCE") to complete
the environmental consulting services without substantial disruption in the
environmental review of the project; and,
WHEREAS, all parties except ERCE have reviewed, approved and executed the
Settlement Agreement; and,
WHEREAS, staff is seeking authority to be able to negotiate minor changes
in the Settlement Agreement requested by ERCE in order to accommodate an
expeditious transition to avoid unnecessary delays in reviewing Partner's
Project environmentally.
Resolution No. 15987
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council approves the Settlement Agreement form,
known as document number C090-280, as Exhibit A, or in a form
the City Manager may modify pursuant to the instructions
herein contained.
Section 2. The City Council hereby authorizes the City Manager, as its
agent, to review and approve modifications thereto necessary
to accommodate the reasonable negotiating demands of ERCE to
the extent that same to not constitute substantial
modifications to the City's duties, expense or risk as stated
in the attached Settlement Agreement.
Section 3. The City Council hereby authorizes the Mayor to execute the
Settlement Agreement in substantially the form as is attached
hereto, or as may be modified by the City Manager pursuant to
the instructions herein contained.
Presented by Appro as to f~~x,.._
mm
Robert A. Leiter
Director of Plan.i.9
Resolution lio. 15987
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 18th day of December, 1990 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader,
Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
/
Gayl e L. McCand)lss, Mayor
ATTEST:
B~verly AI Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15987 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 18th day of
December, 1990.
Executed this 18th day of December, 1990.
Beverly ~. Authelet, City Clerk