Agreement with Michael Brandman Associates (MBA)

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i APPROVED BY CITYGOu CIL Date 3 Item #__L� CITY OF COLTON PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this '�_ day of Sc+em% ex- , 2002 by and between the City of Colton, a municipal organization organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Michael Brandman Associates, a California Corporation, with its principal place of business at 621 East Carnegie Drive, Suite 100, San Bernardino, California, 92408 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Applicant. Pacific Rail Industries (the "Applicant") previously applied for and received approval from the City of Conditional Use Permit Number C-5-86 for the development and operation of a Rail Dismantling and Salvage Operations Facility (the "Facility") at 785 East "M" Street. Now, the Applicant is contemplating the relocation and re -assembly of a steel shredder facility for the shredding of automobiles and other large metal objects that will occupy approximately 12,000 square feet of 19.39 acres of certain real property used by the applicant and located within the City at 785 East "M" Street as an expansion/addition to the previously -approved Facility ("Addition to Facility"). The Applicant has submitted a Development Application for discretionary land use approvals for the development of the Addition to the Facility, including, without limitation, an amendment to Conditional Use Permit Number C-5-86, a proposed project site plan, a Noise Study prepared by David L. Adams Associates, Inc., and environmental documents pursuant to the California Environmental Quality Act (CEQA) ("Project"). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing environmental consulting and documentation services to public clients and is familiar with the Project. 2.2 Project. City desires to engage Consultant to render such services for the Project as set forth in this Agreement. RVPUB\ELC\627842 1 (ALS: AUGUST 24, 2002)