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1988-198-Authorizing Agreement To Prepare An Environmental Impact Report For The Operation Of A Residential Care Facility At 14870 Through 14890 Los Gatos BoulevardRESOLUTION NO. 1988 -198 RESOLUTION AUTHORIZING AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE OPERATION OF A RESIDENTIAL CARE FACILITY AT 14870 THROUGH 14890 LOS GATOS BOULEVARD 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 an agreement to prepare a master Environmental Impact Report with EARTH METRICS INCORPORATED as per Exhibit A attached hereto, and that the Town Manager 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 regular meeting of the Town Council of the Town of Los Gatos held on the 7th day of November , 1988, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L Hamilton Brent N. Ventura & Mayor Eric D. Carlson NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: MAYOR, TOWN W LOS GATOS ATTEST: SENIOR DEPUTY CLERK OF T; TOWN OF LOS GATOS PLN0I:TC 11/7 #3 earth metrics incorporated 2855 CAM S EISV SUATEO, CA LIFOR 5789900 TRANSMITTAL TO: Mr. Don Ross Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 WE ARE SENDING: Enclosed ❑ Under separate cover THE FOLLOWING ITEMS: DEC 5 1988 TOWN OF LOS GATOS PLANaJJNG DEPARTMENT DATE: 124j/88 7532.140 SUBJECT: Agreement VIA: Regular Mail ❑ Express Mail ❑ Courier ❑ United Parcel ❑ No, of Copies Description 1 Above mentioned subject THESE ARE TRANSMITTED: EXIn accordance with our agreement ❑ As requested ❑ Approved as submitted ❑ For your use /information ❑ For your signature ❑ ❑ For review and comment ❑ For your approval ❑ REMARKS: RETURN REQUIRED: ® None ❑ 1 fully executed copy COPY TO ❑ Return of materials by FROM George W. Ball Vice President IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US. AD251 AGREEMENT THIS AGREEMENT is made and entered into on November 28 , 1988, by the Town of Los Gatos (TOWN), and Earth Metrics Incorporation (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: 14870 - 14890 Los Gatos Boulevard a. Conditional Use Permit U- -14A b. Subdivision Application M -87-11 C. Architecture and Site Application S -87-71 d. Zone Change Applicatioi Z -88 -6 Requesting certification of an Environmental Impact Report, permission to demolish a building previously used as a residential care facility and two - - single - family - residences, to construct a new 70 bed_ residential care_ facility in the R- 1:8000 and R- 1:10,000 zone, and to rezone two of the parcels to R- 1:10,000. PROPERTY OWNERS: Magpantay and Yatco 2. The CONSULTANT is willing to perform such professional services upon the terms and conditions herein set forth: THE PARTIES DO HEREBY AGREE AS FOLLOWS: SERVICES 1. CONSULTANT shall perform those professional services described in the "Scope of Services" attached as "ATTACHMENT 1" including attendance at one public hearing, one Development Review Committee meeting and one staff meeting, except as follows: Page 2 -1 of Attachment I, under second category of tasks under TRAFFIC, add A.M. Peak hour operation characteristics to be described as we'll as P.M. Peak hour. Page 2 -2 of Attachment I, third paragraph, delete "as appropriate" from the last sentence and add "(i) through (x) ". CONSULTANT'S work products and schedule of delivery shall be in accordance with the Schedule attached as "ATTACHMENT" including ten copies of the Administrative Draft EIR, 75 copies of the Draft EIR and 75 copies of responses to comments. -1- � 1" WORK SCHEDULE 2. The time schedule for delivery of all environmental documents as described in Attachment II shall commence form the date written authorization is received from the TOWN to begin work. It is the responsibility of the consultant to advise the TOWN that they have received all documents agreed upon from the TOWN, the client, or other such sources as has been determined previously by the TOWN. NON - PERFORMANCE 3. The CONSULTANT is not responsible for delay in delivering environ- mental documents due to fires, strikes, labor disputes or other substantial cause that the CONSULTANT cannot control. The existence of such cause justifies extension of time for performance to the extent that is reasonably necessary, but the CONSULTANT must exercise diligence to complete its work. If performance by the CONSULTANT is impossible or unreasonably diffi- cult because of failure by an applicant to provide information or refusal to permit access to land, the CONSULTANT need not perform, but must promptly notify the Planning Director in writing of the difficulty. If for any reason the consultant is more than fifteen (15) days late in meeting any of the time limits listed in Attachment 2, and no time extensions have been granted by the TOWN, the TOWN shall advise the CONSULTANT in writing that the contract is void. Payment will be authorized for work completed to the satisfaction of the Planning Director. MISCELLANEOUS CONTRACT PROVISIONS 4. The CONSULTANT will keep confidential any information supplied to him /her by the TOWN which is designated confidential, regardless of whether the information might be made public by someone other than the CONSULTANT. All material and all compilations of information produced by the CONSULTANT specifically to perform this contract are and remain the property of the TOWN regardless of whether it is required to be, or is, actually delivered to the TOWN. The CONSULTANT may perform some of his /her obligations under this contract by subcontracting, but may not delegate his /her ultimate responsibility for performance nor assign his /her rights under this contract. -2- NOTTCES 5. Any notice required to be given to CONSULTANT shall be deemed to be duly and properly given if mailed to CONSULTANT postage prepaid, and addressed to: Earth Metrics Incorporated Z59- Cewan- -Road Ts I Burlingame; - California -9 4030 -- 5ez- or personally delivered to CONSULTANT at such address or address as CONSULTANT designates in writing to TOWN. cu to tr u s N 4- i vim , v)"' kz'o i 6".4 L such other 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, CA 95031 or personally delivered to TOWN at such address of such other as TOWN may designate in writing to CONSULTANT. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in the Town of Los Gatos, State of California. DATE: //- 17-Y-7' TOWN OF LOS GATOS TOWN MANAGER ATTEST: SENIOR DEPUTY CLERK"OUF THE TOWN OF LOS GATOS DATE: APPROVED AS TO FORM: z' MRY JO L, T WN ATTORNEY PLNOI:TC 11/7 #3 CONSULTANT EARTH METRICS INCORPORATED BY t -3-