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1985-102-Authorizing Agreement To Prepare An Environmental Impact ReportRESOLUTION NO. 1985 -102 RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into that agreement to prepare an Environmental Impact Report with ENVIRONMENTAL IMPACT PLANNING CORPORATION, a copy of which is attached hereto, and that the Mayor is authorized, and is hereby directed, to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a ular meetino of the Town Council of the Town of Los Gatos held on the 1st day of July , 1985, by the followinn vote: AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Joanne Benjamin NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Thomas J. Ferrito SIGNED: Y ?,?'c r MR OF THE T014N OF SGATOS ATTEST: GLERK 0 E TOWN OF LOY aA I SUMMERT THIS AGREEMENT is made and entered into on ............................... 1985 by the Town of Los Gatos (TOWN)/ and (CONSULTANT). 1, The TOWN desires to contract for the Performance of Environmental Services to include the preparation of a Draft and Final Environmental Impact Report for the following project: R125a30-Hi2}-RD��d- and -QheCC2-R}Da aD0-l&Oe a" Environmental Impact Report EIR-86-2 b. Zone Change Application Z`'85-2 Requesting approval of Plans for a continuing care retirement community and a zone change from R-M:5~20 to R-M:5-20-PD" OWNER: American Baptist Homes of the West' OPtionee APPLICANT: Stone, Marraccini and Patterson 2. The CONSULTANT is willing to Perform such professional services upon the terms and conditions herein yet forth. THE PARTIES DO HEREBY AGREE ASFOLLOWS: MUM 1" CONSULTANT shall Perform those professional services described in the "Word Plan'/ and '/Key Issues" attached as "EXHIBIT A"' CONSULTANT'S work products and schedule of delivery shall be in accordance with the "Schedule" and "Cost'/ attached as '/EXHIBIT B.o Scheduling will depend on factors beyond CONSULTANT'S control including (hut not limited to) Prompt submittal of required data by the TOWN, adverse weather conditions, delay caused by alteration in the scope of the projectv etc' CONSULTANT will diligently perform the required services according to the schedule outlined above but will not be responsible for delays beyond his control, 2. Compensation for CONSULTANT'S professional services shall be at a firm fixed Price of $14v900; Payment to be made in accordance with Work Products and Schedule stated in ATTACHMENT B" The following is the schedule of payments by the Town for work completed. a. Receipt of signed copies of contract" Payment for 2S percent of the contract value. b. Delivery of eight copies of the administrative draft EIR. Payment for 50 percent of the contract value. / ' A8RE��ENT Envir" Impact Plan, Corp` Page 2 c, Delivery of 46 copies of the draft EIR. Payment for lO percent of the contract value, d^ Delivery of 45 copies of the final GIR (response to comments)" Payment for 15 percent of the contract value, siaNDORD2 3" CONSULTANT'S work shall be performed in compliance with the requirements of the Environmental Quality Act of 1970, as amended (Public Resources Code Section 21'000 to 21,176, inclusive)" and the Guidelines for Implementation of the California Environmental Quality Act of 1970 originally certified and adopted by the Secretary of the California Resources Agency as Administrative Regulations on February 3, 1973, and as thereafter amended, if applicable. 4" Any notice required to be given to CONSULTANT shall be deemed to be duly and properly given if mailed to C8NGULTANT postage Prepaid, and addressed ENVIRONMEN TAL IMPACT PLANNING CORPORATION 319 Eleventh Street San Franciscup CA 94103 or Personally delivered to CONSULTANT as such address or such other address as CONSULTANT designates in writing to TOWN" Any notice required to be given to TOWN shall be deemed to be duly and Properly given if mailed to TOWN, postage prepaid, and addressed to: TOWN OF' LOS GATOS Planning Department P.O' Box 949 Los Gatos, California 93031 or personally delivered to client at such address of such other as TOWN may designate in writing to CONSULTANT, AGREEMENT Envir" Impact Plan Corp. Page 3 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in the Town of Los Gatos, State of California" DATE: fOWN OF:* LOS GATOS By MAYOR DATE:______.~_______________~__~_~~^___~_^_ CONSULTANT E14VIR8NMENTAL IMPACT PLANNING CORPORATION By.......................................... APPROVED AS TO FORM' MARY JO LEVINGE] TOWN, ATTORNEY