APPLICANT/REIMBURSEMENT AGREEMENT
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AGREEMENT NO. ____________
APPLICANT REIMBURSEMENT AGREEMENT
THIS APPLICANT REIMBURSEMENT AGREEMENT is made and entered into on ___________________ by and between the CITY OF BAKERSFIELD , a municipal corporation (“CITY” herein), and TORTUGA BAY WATERPARK , LLC., a California Limited Liability Corporation (“APPLICANT” herein).
R E C I T A L S
WHEREAS, APPLICANT has filed an application with the CITY for a General Plan Amendment and Zone Change No. 24-0377 (the “Project” herein); and
WHEREAS, said Project is described as a General Plan Amendment (“GPA”) and Zone Change (“ZC”) to develop a regional water park commonly known as the Tortuga Bay Resort commercial development on approximately 152 acres; and
WHEREAS, it has been determined that the preparation of an Environmental Impact Report (“EIR”) is required for the Project; and
WHEREAS, it is the CITY’S responsibility to prepare or cause the EIR to be prepared; and
WHEREAS, CITY intends to contract with a qualified contractor to prepare the EIR; and
WHEREAS, CITY shall require APPLICANT to reimburse CITY for the costs of preparation and certification of the EIR, including both contractor’s costs and City staff costs; and
WHEREAS, APPLICANT desires CITY to contract with a contractor to prepare and present an EIR for the Project and agrees to reimburse CITY for all costs related to the preparation and certification of the EIR.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. CITY shall hire a contractor of its choice to prepare the EIR and any other work relating to the environmental evaluation of the Project. The work to be performed by the contractor and City staff includes Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E
APPLICANT/REIMBURSEMENT AGREEMENT
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all actions necessary to complete the task the contractor has been hired to perform, whether specifically included in the scope of work or not. The work program for the contractor is attached hereto and incorporated herein as Exhibit “A”.
2. COMPENSATION. APPLICANT shall reimburse CITY for all costs related to the preparation and certification of the EIR by contractor and CITY staff as follows:
2.1. Consultant’s cost for preparation of the EIR is $183,637.00.
2.2. CITY’s cost associated with preparation of the EIR is estimated to be $40,000.00.
The initial amount of $223,637.00 (contractor and CITY Cost) , which constitutes a total of the estimated costs of services to be performed by the contractor and CITY staff, shall be paid prior to City Council approving this Agreement. Applicant shall also pay any additional funds requested by CITY to pay costs associated with the preparation of the EIR. Said additional payments shall be due and payable within 5 business days of CITY’s notification to APPLICANT.
3. RECORDS OF COSTS. At such time as CITY requires additional funds from APPLICANT, CITY shall provide APPLICANT with a record of the costs for which APPLICANT is being charged. After certification of the EIR and final consideration of the Project, CITY shall provide APPLICANT with a final accounting of the costs for which APPLICANT has been charged.
4. PREPARATION AND SUBMITTAL OF SPECIAL STUDIES. The APPLICANT has chosen to contract qualified professional consultants to prepare certain specialized environmental studies (herein referred to as “STUDIES”), as follows:
4.1. Air Quality/Climate Change Analysis/Health Risk Assessment
4.2. Biological Resources Study
4.3. Archaeological Evaluation/Study (with Paleontology component)
4.4. Traffic Impact Study
4.5. Water Will-Serve or Availability Letter
4.6. Water Supply Assessment
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E
APPLICANT/REIMBURSEMENT AGREEMENT
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4.7. Phase I Environmental Site Assessment
4.8. Urban Decay Analysis
4.9. Acoustical Analysis
4.10. Blast Zone Report
APPLICANT agrees that the STUDIES shall be prepared in accordance with CEQA and in a format acceptable to the CITY. APPLICANT agrees that it shall be its responsibility to cover the costs of any additional information, analysis, corrections, and revision of the STUDIES deemed to be required by the Planning Director. APPLICANT understands they are fully responsible for managing contractors hired by them to prepare the special studies listed above and provide STUDIES and any required information in accordance with the Project schedule and associated deadlines provided by the CITY.
5. INDEMNITY. APPLICANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals o f any kind whatsoever, arising out of, connected with or caused by APPLICANT or APPLICANT’S employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or n ot caused in part by the pa rty indemnified hereunder, except for City’s sole active negligence or willful misconduct.
6. TERMINATION. This Agreement may be terminated upon fourteen (14) calendar days written notice for any of the following reasons:
6.1. APPLICANT withdraws the application.
6.2. APPLICANT fails to provide adequate funds as requested by the CITY.
6.3. APPLICANT fails to cooperate with CITY or contractor.
Any unexpended funds as of the date of termination shall be returned to APPLICANT.
7. WAIVER OF DEFAULT. The failure of any party to enforce against another provision of this Agreement shall not constitute a waiver of that party’s right Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E
APPLICANT/REIMBURSEMENT AGREEMENT
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to enforce such provision at a later time, and shall not serve to vary the terms of this Agreement.
8. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California.
9. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
Phillip Burns, Director
Development Services Department
1715 Chester Avenue
Bakersfield, CA 93301
(661) 326-3733
APPLICANT: Tortuga Bay Waterpark, LLC
Attn: Mike Ross, Manager
3232 Rio Mirada Drive, Suite B2
Bakersfield, CA 93308
10. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties.
11. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so require s, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
12. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations regarding the preparation of this Environmental Impact Report. This contract may be modified only in a writing approved by the City Council and signed by all the parties.
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E
APPLICANT/REIMBURSEMENT AGREEMENT
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13. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
15. ACCOUNTING RECORDS. CITY shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at City Hall during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to APPLICANT upon request at any time during regular business hours.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“CITY” “APPLICANT”
CITY OF BAKERSFIELD TORTUGA BAY WATERPARK,
LLC.
By: _________________________ By: ___________________________ KAREN K. GOH MIKE ROSS Mayor Manager
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES DEPARTMENT
By:
PHILLIP BURNS
Development Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
Deputy City Attorney II:______________________________ Finance Director: _____________________
VIRIDIANA GALLARDO-KING RANDY MCKEEGAN
Insurance:____________
VGK/pt
Attachment: Exhibit A - Scope of Work
S:\PARKS\Agrs\25-26\Applicant-Reimbursement Agmt-Tortugabay.Docx Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E
Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield EVCASACR009082.2025
8
COMPREHENSIVE SCOPE OF WORK
The following Scope of Work has been prepared pursuant to the information and scope of work provided in the RFP . The Kimley-Horn team, under direction of City staff, will prepare an EIR to assess potential impacts and identify mitigation measures for the proposed project. The Draft EIR, Final EIR, and associated work products will be prepared in accordance with the criteria, standards and provisions of the CEQA of 1970, Section 21000 et. sec. of the State CEQA Guidelines (California Administrative Code Section 15000), the City’s environmental guidelines, and the regulations requirements and procedures of other responsible Public Agencies with jurisdiction by law.
Task 1: Kick-off Meeting and Background Review
After receiving authorization to proceed, the Kimley-Horn team will coordinate and attend a kick-off meeting with the Planning Division to receive any available information regarding the project, such as technical studies, planning documents, maps, and aerial photographs; discuss timing and the schedule for document preparation and reviews; establish communication protocols and expectations; and provide an opportunity to discuss any other project-related matters. This meeting will include a discussion of the project objectives, and the project alternatives to be developed for the project. The Kimley-Horn team will provide the Planning Division and the applicant with a kick-off meeting memorandum that summarizes the meeting including agreed upon action items, timing of the items, and the party responsible for completing each item.
The Kimley-Horn team will conduct a field visit to the project site, review existing land use and environmental conditions, and conduct photographic recording of on-site and surrounding uses. It would be preferable to conduct this field reconnaissance jointly with City staff and, as appropriate, with the applicant, to take advantage (to the extent feasible) of the City’s and/or applicant’s knowledge of specific site conditions, concerns and issues.
After the kick-off meeting, the Kimley-Horn team will mobilize and begin to review background information provided at the meeting as well as other available information pertinent to the project. While reviewing this information, the Kimley-Horn team will develop a list of additional information needs, if necessary, to assist in the successful preparation of the EIR.
The Kimley-Horn team will also provide a project schedule organized by task/milestone spanning from kick off through Final EIR consideration by the Bakersfield City Council.
Deliverables:
• Kick-off meeting memorandum in electronic format;
• Information needs list in electronic format, if needed; • Project schedule organized by task/milestone in electronic format.
Task 2: Notice of Preparation and Circulation
The Kimley-Horn team, in collaboration with the Planning Division, will review the draft Notice of Preparation (NOP) prepared by applicant for public distribution, including a Project Description, list of probable environmental effects, and other required components as outlined by CEQA.
The City will notice and conduct a Scoping Meeting during the 30-day public review period. The Kimley-Horn team will attend the scoping meeting.
The Kimley-Horn team will provide for the following:
1. Review and assess Administrative draft NOP and associated documents including Initial Study;
2. Review and assess the project description for technical completeness;
3. Review and assess Final NOP for public distribution in electronic format;
4. Review and assess Final NOP and Notice of Completion (NOC) to the State Clearinghouse (SCH);
5. Distribute up to fifty (50) hard copies or electronic copies (with cover letter) to Agencies and interested parties as identified on a mailing list provided by Planning Division, via overnight carrier or certified US Mail;
6. Provide two (2) three-ring binder hardcopies to the City;
7. Provide one (1) USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and W ord versions of final NOP , set of NOP figures, and PDF of all documents cited in final NOP;
8. Review and assess NOP comments received and address relevant comments within the Draft EIR.
"EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield EVCASACR009082.2025
9
Deliverables:
• Review, assess and submit assessment report of the Final NOP and NOC prior to submitting to SCH; • Distribute 50 or more hard copies or electronic copies of the final NOP to Planning Division- provide mailing list via overnight carrier (for time-sensitive deliveries) and certified US Mail;
• Two (2) three-ring binder hardcopies of final NOP for City Planning; • One USB flash/thumb drive or electronic copy via a file transfer service that includes PDF and Word versions of final NOP , set of NOP figures, and PDF of all documents cited in final NOP .
Task 3: Expanded Project Description Preparation
The Kimley-Horn team will review the expanded project description prepared by the applicant. This scope of work assumes the applicant will prepare the expanded project description with the most current project information and incorporate relevant comments received during the NOP public review period. The Kimle
y-Horn team will review the applicant’s expanded project description and prepare and submit an information needs memorandum, if necessary, to the Planning Division to improve. Using the information from the field reconnaissance, technical reports, in-house resources, additional research, and Planning Division- provided information, the applicant will prepare a project description within 60 days of the authorization to proceed to be used for the subsequent environment documentation.
The project description will include a detailed narrative of the project components, with graphics and maps to highlight the project location, project elements, current land-use designations and zoning classifications, and surroundings. The Kimley-Horn team will review the proposed project objectives and potential alternatives based on information provided in the project description and other information provided by the applicant.
This scope of work assumes one round of review of the administrative draft project description by the Planning Division.
Deliverables:
• Administrative draft project description in Word format; • Draft project description in Word format.
Task 4: Peer Review of Applicant-Prepared Technical Reports The Kimley-Horn team will review the applicant provided technical studies (up to ten [10] technical studies are anticipated) for CEQA adequacy.
This scope of work assumes that the applicant’s consultants will be responsible for any professional engineering related services involved in the completion of the technical studies.
The Kimley-Horn team will conduct a peer-review of the technical studies prepared by the applicant and provide an assessment of the technical reports regarding CEQA adequacy for the following reports:
1. Air Quality/Climate Change Analysis/Health Risk Assessment;
2. Biological Resources Study;
3. Archaeological/Cultural Resources Study;
4. Traffic Impact Study (including VMT analysis);
5. Water Will-Serve or Availability Letter;
6. Water Supply and Demand Report;
7. Phase I Environmental Site Assessment (at a minimum);
8. Urban Decay;
9. Acoustical Analysis;
10. Blast Zone Report
The Kimley-Horn team will prepare a memo for each technical report summarizing any comments regarding CEQA adequacy and provide it to the Planning Division. This scope of work assumes the memos will be sent to the applicant to forward to the respective specialty consultants to consider the comments for modification or updates sufficient for the purposes of the CEQA analysis. This scope of work assumes that the applicant’s consultants will, if necessary, modify the submitted technical reports, and that only one round of review and final confirmation of adequacy will be needed. This scope of work assumes that the Kimley-Horn team will not perform any professional engineering services.
Direct communication between the Kimley-Horn team and applicant’s consultants shall not occur without authorization from City staff prior to any direct communication between the Kimley-Horn teams. "EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield EVCASACR009082.2025
10
Deliverables:
• Technical report CEQA adequacy memoranda in PDF format for each technical study.
Task 5: Administrative Draft EIR Preparation
The Kimley-Horn team will provide a peer review of the administrative Draft EIR (DEIR) for CEQA adequacy in accordance with the City of Bakersfield CEQA Implementation Procedures. The Kimley-Horn team will conduct the peer review for CEQA Adequacy to determine:
• If the project has been analyzed at a project level of detail for the City’s decision-making bodies decide to approve the project and certify the EIR.
• The DEIR includes the required contents per CEQA and includes an inventory of existing conditions, thresholds of significance used for the evaluation of impacts, and an analysis of the environmental impacts and levels of significance. • If Appropriate mitigation measures are provided for potential impacts identified in each environmental issue area shown in the City of Bakersfield Initial Study Environmental Analysis checklist (i.e., Aesthetics, Agriculture and Forest Resources, Air Quality, etc.) for which a potentially significant impact may occur.
Peer review revisions to the administrative DEIR will be provided to the Planning Division in underline/strikeout format.
This scope of work assumes the peer review will include the following reviews:
• Technical Issues
The EIR will address the potentially significant environmental impacts identified in the NOP . • Alternatives
The Kimley-Horn team will collaborate with Planning Division staff to review the alternatives analysis as prepared by the applicant in the EIR. The review on the project alternatives will focus on their ability to feasibly attain most of the project objectives while avoiding or substantially lessening any of the significant environmental impacts of the project. • Consequences of Project Implementation
Cumulative Impacts
The Kimley-Horn team will peer review the cumulative impact analysis of the DEIR for CEQA adequacy with regard to the potential for environmental impacts from this project, along with other proposed and reasonably foreseeable projects in the area to determine the project’s contribution to the overall cumulative baseline. The Kimley-Horn team will collaborate with Planning Division staff to develop the cumulative projects list.
The peer review will evaluate proposed mitigation measures, if any, developed for cumulatively considerable impacts for CEQA adequacy.
Growth-Inducing Impacts
The Kimley-Horn team will peer review the growth inducing impact analysis of the DEIR for CEQA adequacy with regard to the project’s potential to directly or indirectly foster economic or population growth. The peer review will evaluate the DEIR analysis as to whether any projected increase in population as a result of the project would result in additional impacts to existing community resources or encourage and facilitate other activities that could significantly affect the environment. Significant Irreversible Environmental Changes
The Kimley-Horn team will peer review the Significant Irreversible Environmental Changes impact analysis of the DEIR for CEQA adequacy with regard to significant irreversible environmental changes. The peer review will evaluate the DEIR analysis regarding the potential for significant and una
voidable impacts resulting from the project and will identify any significant irreversible changes and irretrievable commitments of the environment.
"EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield EVCASACR009082.2025
11
Effects Found Not To Be Significant
The Kimley-Horn team will peer review the Effects Found Not to be Significant analysis of the DEIR for CEQA adequacy with regard to effects found not to be significant. The peer review will evaluate the DEIR analysis regarding the qualitative explanation of issues found not to be significant during the NOP process as well as impacts that were studied in the EIR and determined to be less than significant. Organizations and Persons Consulted
The Kimley-Horn team will peer review the Organizations and Persons Consulted chapter of the DEIR for CEQA adequacy with regard to the listing of organizations and persons consulted in preparing the DEIR that documents any federal, state, or local agencies, other organizations and private individuals consulted in preparing the DEIR. • Preparers
The Kimley-Horn team will peer review the Preparers chapter of the DEIR for CEQA adequacy with regard to the listing of names of persons consulted in preparation of the DEIR and their contribution. • Acronyms
The Kimley-Horn team will peer review the Acronyms chapter of the DEIR for CEQA adequacy with regard to the listing of definitions, and acronyms used in the EIR.
• Bibliography
The Kimley-Horn team will peer review the Bibliography chapter of the DEIR for CEQA adequacy with regard to consistency with the Metropolitan Library System (MLS) standards and include personal communications, as appropriate. The Kimley-Horn team will also keep electronic copies of all reference materials provided by the project applicant during the peer review process for the administrative record.
Deliverables:
• Review of Round 1 administrative DEIR in Word format; • Review of Round 2 administrative DEIR in Word format.
Task 6: Screencheck DEIR Preparation
This scope of work assumes two rounds of peer review of the administrative DEIR by the City and Consultant. This scope of work assumes the applicant will revise and prepare a screencheck DEIR and technical appendices for approval by the Planning Division within two (2) weeks of receiving comment from the Planning Division prior to distributing the DEIR for the required 45-day public review period.
Deliverables:
• Review of Screencheck DEIR in PDF format.
Task 7: DEIR and Technical Appendices Circulation
The Kimley-Horn team will peer review the DEIR screencheck for CEQA adequacy and that previous comments have been addressed. Once the screencheck DEIR has been approved by City staff, the Kimley-Horn team will print up to twenty-five (25) hard copies (as needed) and distribute the DEIR. In addition, the Kimley-Horn team will also print and distribute up to fifty (50) hard copies of the Notice of Availability (NOA) to agencies and persons on a mailing list provided by the Planning Division. The Kimley-Horn team will provide three (3) full printed hard copies of the DEIR including tabbed technical appendices in three-ring binders for Planning Division and Library use. The Kimley- Horn team will also provide the Planning Division with one USB flash/thumb drive that includes PDF and Word versions of DEIR and a set of DEIR figures to be provided by the applicant.
The Kimley-Horn team will deliver copies of the NOA via overnight carrier (for time-sensitive deliveries) or certified US Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
This scope of work assumes the Kimley-Horn team will submit the DEIR, NOA, Summary Form and NOC to the SCH, consistent with SCH submission requirements.
"EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield EVCASACR009082.2025
12
Deliverables:
• DEIR, NOA, Summary Form and NOC to SCH per most recent electronic submission criteria; • Distribute up to fifty (50) hard copies of NOA for DEIR with appendices to Planning Division-provided mailing list via NOA via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
• Three (3) tabbed, three-ring binder full hardcopies DEIR for Planning Division and Library use; • One USB flash/thumb drive that includes PDF and Word versions of DEIR and set of DEIR figures.
Task 8: Draft and Screencheck FEIR and Technical Appendices Preparation and Circulation Following the 45-day public review period for the DEIR, the Kimley-Horn team will review the draft Final EIR (FEIR) including responses to comments received during the 45-day public review period. This scope of work assumes responses to public comments on the DEIR and any changes to the DEIR deemed necessary by City Planning Division staff will be prepared by the applicant. The draft FEIR will be submitted to the Kimley-Horn team and Planning Division staff for review. This scope of work assumes one round of review of the draft FEIR by Planning Division staff and the Kimley-Horn team. Because we have no way to predict how many comment letters will be received, nor the length or magnitude of those letters, we have assumed up to 50 hours for the technical staff to respond to up to 20 comment letters. Consultant will evaluate the level of effort once the comments are received and evaluated and advise Planning Division staff.
As part of the FEIR review, the Kimley-Horn team will review and assess the Mitigation Monitoring and Reporting Program (MMRP) for CEQA adequacy. The peer review of the MMRP will evaluate if the document contains the accepted mitigation measures and is formatted consistent with Planning Division requirements for reporting and implementation.
The Kimley-Horn team will review revisions to the draft FEIR prepared by the applicant.
Once the screencheck FEIR has been approved, the Kimley-Horn team will print and distribute up to fifty (50) hard copies of the NOA for FEIR at least three weeks (21 days) prior to the Planning Commission hearing on the project. The Kimley-Horn team will deliver all copies of the NOA for the FEIR via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail. For addresses listed with P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
Deliverables:
• Review Draft FEIR in Word format;
• Review Screencheck FEIR in PDF format;
• Distribute up to fifty (50) hard copies or electronic copies of the NOA for the FEIR to a mailing list provided by the City Planning Division via overnight carrier (for time-sensitive deliveries) and certified U.S. Mail, including copies for the Planning Division and Planning Commission.
For addresses listed with a P .O. Box, where overnight and certified mail cannot be accepted, notices will be sent via U.S. Mail.
Task 9: Draft Findings of Fact and Statement of Overriding Considerations Preparation The Kimley-Horn team will review the draft Findings of Fact and, if necessary, Statement of Overriding Considerations in accordance with Sections 15091 and 15093 of the CEQA Guidelines for CEQA Adequacy. This scope of work assumes the Findings of Fact and Statement of Overriding Considerations will be prepared by the project applicant. This scope of work assumes City Planning Division staff will finalize these documents in consultation with the City Attorney. This scope of work assumes one round of review of the draft documents.
Deliverables:
• Review and assess the draft Findings of Fact and Statement of Overriding Considerations in Word format; • Review and assess the updated draft Findings of Fact and Statement of Overriding Considerations in Word format. "EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Proposal for
General Plan Amendment/Zone Change
No. 24-0377 (Tortuga Bay Resort)
Peer Review of Technical Studies and
Environmental Impact Report
City of Bakersfield EVCASACR009082.2025
13
Task 10: Meeting and Hearing Attendance
The Kimley-Horn team will attend public hearings related to the project as requested by Planning Division staff. This scope of work assumes preparation for, and attendance at, one Planning Commission Hearing and one City Council Hearing. This scope assumes a total of 10 hours per person/per hearing for this task, which includes meeting attendance, travel and meeting preparation. This scope of work assumes 40 hours for hearing attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.
This scope of work assumes that Planning Division staff will prepare the Notice of Determination (NOD) to be filed with the SCH and County Clerk if the project is approved and the EIR is certified.
The Kimley-Horn team will attend project meetings with the Planning Division staff and applicant as necessary of the course of the project.
This scope of work assumes 40 hours for meeting attendance. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.
Task 11: Administrative Record Preparation
The Kimley-Horn team will assist Planning Division staff with the preparation of the Administrative Record within 30 days of the City Council making a determination about the project. This task assumes that consultant will help organize. This 16scope of work assumes that the applicant will provide electronic copies of the references or sources used in the preparation of the EIR and technical appendices. The scope of work assumes that the applicant will be responsible for locating and providing documentation that has been identified or missing as incomplete as a result of the Kimley-Horn team peer review. This scope of work assumes twenty (20) hours of review time. Any additional amount of time beyond this initial budget will require approval from the City Planning Division.
Deliverables:
• Administrative Record in PDF format
NOTE: Where requested in electronic format, the documents should be provided to staff on a USB flash drive, FTP site, or other mutually agreed upon alternative. Documents shall be provided in both Microsoft Word format and searchable PDF format (the PDF document should be provided as a single document, optimized and compressed). "EXHIBIT A"
Docusign Envelope ID: 02045261-1CBE-4D1D-9F45-598EF5D7B75E Certificate Of Completion
Envelope Id: 02045261-1CBE-4D1D-9F45-598EF5D7B75E
Status: Completed
Subject: Complete with Docusign: Applicant-Reimbursement Agmt-TortugaBay Combined.pdf Source Envelope:
Document Pages: 11
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 0
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
10/28/2025 3:20:10 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
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Storage Appliance Status: Connected
Pool: City of Bakersfield
Location: Docusign
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Signature
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Mike Ross
[email protected]
OWNER
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Using IP Address: 50.91.104.162
Sent: 10/28/2025 3:45:44 PM
Viewed: 11/7/2025 7:09:18 AM
Signed: 11/7/2025 7:10:07 AM
Electronic Record and Signature Disclosure:
Accepted: 11/7/2025 7:09:18 AM
ID: 6c057aa7-27b2-48b5-811b-91ae81e94ae1
Phil Burns
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 11/7/2025 7:10:08 AM
Viewed: 11/13/2025 10:06:49 AM
Signed: 11/13/2025 10:07:05 AM
Electronic Record and Signature Disclosure:
Accepted: 11/13/2025 10:06:49 AM
ID: 4299d180-625d-474c-b6d7-e42556e9b390
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10/28/2025 3:45:44 PM
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Security Checked
11/13/2025 10:06:49 AM
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11/13/2025 10:07:05 AM
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11/13/2025 10:07:05 AM
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Mike Ross, Phil Burns
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Bakersfield:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise City of Bakersfield of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from City of Bakersfield
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bakersfield
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.