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Home My WebLink AboutCT 99-03; Villages of La Costa Greens; Tentative Map (CT) (7)July 25, 2002 Clyde Wickham City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Henthorn & AssociaWj 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 43S-4090 Fax (760) 438-0981 Subject: Mitigation Monitoring & Reporting Program, Mitigation Measure #4.10-1 Dear Mr. Wickham: Enclosed please find the focused geotechnical study of landslide stabilization for the La Costa Greens development. The enclosed report investigates the depth and extent as well as the limits and appropriate techniques for stabilization of the landslides. With the delivery of these documents, the requirements for Mitigation Monitoring and Reporting Program, Mitigation Measure #4.10-1 have been satisfied. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett(S-jhenthorn.com. Sincerely, D. Bennett Associate Planner encl. Landslide Stabilization Report cc: Don Neu, Planning Department Tim O'Grady - Morrow Development file Document! -1- GEOTE fcDNSU ! ! I LTWNTS LANDSLIDE STABILIZATION VILLAGES OF LA COSTA— THE GREENS CARLSBAD, CALIFORNIA PREPARED FOR REAL ESTATE COLLATERAL MANAGEMENT COMPANY c/o MORROW DEVELOPMENT INCORPORATED CARLSBAD, CALIFORNIA JULY 23, 2002 GEOCON INCORPORATED GEOTECHNICAL CONSULTANTS Project No. 06403-12-03 July 22, 2002 Real Estate Collateral Management Company % Morrow Development Incorporated 1903 Wright Place, Suite 180 Carlsbad, California 92008 Attention: Mr. TimO'Grady Subject: VILLAGES OF LA COSTA—THE GREENS CARLSBAD, CALIFORMA LANDSLIDE STABILIZATION Reference: 1. Update Geotechnical Investigation Villages of La Costa-The Greens, Carlsbad, California, prepared by Geocon Incorporated, dated June 25, 2001, 2. Mitigation Monitoring and Reporting Program for the Villages of La Costa Master Plan (2000) MP 98-01, prepared for the City Of Carlsbad Planning Department, dated July 16, 2001. Gentlemen: In accordance with your request, we have prepared this report in response to Mitigation Measure 4.10-1 from the referenced Mitigation Monitoring and Reporting Program conditioned to the development of the subject residential project. The mitigation measure specifies that a focused geotechnical study shall be performed to investigate the depth and extent as well as to determine the limits and appropriate techniques for stabilization of the landslides. An in-depth geotechnical investigation of the site has been conducted, the results of which are presented in the referenced reports which addressees the overall geotechnical aspects of developing the property. The discussion presented below is focused on the landslide issues and all data is derived from the referenced geotechnical investigation. GEOLOGIC CONDITIONS Landslide debris, including surficial landslide debris, was mapped as pan of the surficial soil types encountered in the investigation. The project geotechnical study identified one deep-seated landslide and several smaller surficial landslides within the site. A landslide is also mapped along the 6960 Flanders Drive • San Diego, California 92121-2974 • Telephone (858] 558-6900 • Fax (858) 558-6159 northeastern boundary of the project. This area is designated as open space. This landslide should not have any impact on the proposed development. The larger landslide is located in the east central portion of the property. Data from Boring No. LB-8 indicates a thickness of the landslide of approximately 25 feet. The smaller landslides are generally shallower in depth. The approximate mapped extent of all landslides is depicted on the Geologic Map, extracted from the geotechnical report, (Figures 4 and 8, Map Pocket) and shown as symbol Qls. The landslide debris generally consists of relatively compressible, clayey sand and sandy clay. Generally, all of surficial landslide debris and the upper portion of the deeper landslide debris are relatively loose or soft and possess the potential for future movement and settlement when subjected to loading from proposed embankment soils or improvements. Remedial grading for the purpose of stabilization will therefore be required as discussed below. Selected logs of exploratory excavations within the landslide debris (extracted from the referenced geotechnical report) are presented in Appendix A. STABILIZATION/REMEDIAL GRADING Development is planned within the areas underlain by landslide debris. Proposed improvements include cut slopes, building pads, streets and utilities (sewer lines, storm drains, water lines, joint trench). These improvements are generally considered to be settlement sensitive. Planned grading will result in removal or the placement of fill to achieve design elevations within landslide debris areas. This earthwork may. depending on the specific site conditions, either stabilize the material or possibly contribute to potential instability. Considering these conditions the following recommendations are provided. • Except as discussed below, all potentially compressible landslide debris not removed by planned grading should be removed to expose firm formational materials, in areas of proposed^development and replaced with properly compacted fill. • One of the surficial landslides is located along the northern property boundary and encroaches off-site. In the event the property boundary limits total removal for this location, the cut slope proposed will be stabilized by construction of a buttress fill. Preferably, permission to grade off-site should be obtained to allow total removal with regrading considering future planned grading on the adjacent property. • Within areas of relatively thin surficial landslide debris, complete removal and replacement with compacted fill will be required where development is planned. • Within the area of deeper landslide, firm debris soil may be left in place if considered suitable to support the loading imposed by planned fill and/or improvements and the proposed sradin^ will not create a potentially unstable condition. The project soil engineer or engineering geologist will evaluate the exposed condition in the field during grading as removals are made. The evaluation will consider the settlement potential of the left-in-place materials and the gross stability of the soil mass, i.e. minimum factor-of safety of 1.5. Project No. 06403-12-03 -2- July 23,2002 The conclusions and recommendations presented in the referenced geotechnical report remain valid and applicable. That report presents a detailed discussion of the landslide conditions and specific recommendations for remedial grading as well as design of stabilizing buttress fills. Therefore, the above recommendations should be construed only as an overview of the landslide issues with the project soil report utilized as the primary reference document. If you should have any questions regarding this report, or if we may be of further service, please do not hesitate to contact the undersigned at your convenience. Very truly yours, GEOCON INCORPORATED Ali Sa'dr CEG 1778 AS:DFL:dmc (6/del) Addressee RCE 22 Project No. 06403-12-03 -3-July 23, 2002 JAC^HENTHORN & AssociAs LETTER OF TRANSMIT!AL "Eo: Clyde Wickham Of: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760) 602-2742 Fax: (760) 602-8562 From: Bryan D. Bennett Of: Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760)438-0981 Date: 7/19/02 Time: 10:32 AM RE: La Costa Greens-Condition #18 FORWARDED BY: 0 HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 1 Counter-signed Letter from NCTD COMMENTS: Attached please find the counter-signed letter in relation to Condition #18 of Planning Commission Resolution 5016. If you have any questions or need any additional information, please feel free to call our office at (760) 438-4090. Thank you, Bryan Copies to:Don Neu Tim O'Grady File 0^/19/2002 FRI 09:17 FAX 7609292705 MORROW DEVELOPMENT -*•»-» BENT/HORN JACK ©002/002 RECEIVED JUL 12 1903 Wrigln Place, Suite 180 Carlsbad, C;A 92006 phone; 760 929-2701 fax: 760 929-2705July 8,2002 Ms. Breena Corson North County Transit District 810 Mission Avenue Occanside, CA 92054 RE: Villages of La Costa (CT 99-03) Dear Brsnna: Please accept this letter as confirmation of our telephone conversation on Monday, July 08,2002. Due to the limits of our. Habitat Conservation Plan in relation to the requested bus stop on ''El Camino Real northbound, 60 feet north of Poinsettia" we will be unable to provide a turnout .consistent with those provided on Rancho Santa Fc Road. Morrow Development will still provide the required bus stop, but without the turnout. All details other than the turn oui will be consistent with those shown on City of Carlsbad Dwg. No. 3.97-1 F (Rancho Santa Fe), which was previously reviewed by you and approved by the City. In order to assist the City and us in plan checking the grading and improvement plans, I would appreciate if you would sign in the place provided below acknowledging our conversation. Should you have any questions or need any additional information, please do not hesitate to contact me at 760-929-2701. Sincerely, Tim O'Gtady Senior Vice President Enclosures: 1 Acknowledged and Agreed To TRANSMITTAL DEVELOPMENT TO: City of Carlsbad ATTN: Don Neu FROM: Tim O'Grady RE: Resolution 5016 #16 PHONE: FAX: DATE: (760) 602-4612 (760) 602-8559 July 9, 2002 NO OF PAGES: 11 0 URGENT 0 PLEASE REPLY 0 FOR REVIEW AND COMMENTS X FOR YOUR INFORMATION 0 PHOTOCOPY 0 AS REQUESTED NOTES: Enclosed please find the recorded Notice of Annexation annexing the Greens property into CFD Number 1. Bryan Bennett of Jack Henthorn & Associates will be coordinating with you to obtain your initials on the conditions of approval matrix. Govnc'il C. Bryan Bennett 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Phone: 760 929-2701 Fax: 760 929-2705 THE ORIGINAL OF THIS DOGUnEli! «™ WHENRECORDED.RETURNTO: CITY CLERK TK: 10:23 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section 53339.8 of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf of Community Facilities District No. 1 (the "District"), State of California, HEREBY GIVES NOTICE that a lien is hereby imposed on certain real property annexed to the District to secure payment of a special tax which the City Council of the City of Carlsbad, County of San Diego, State of California, acting in its authority as the legislative body of the District, is authorized to annually levy for the following purpose: To pay for certain public capital, facilities including the payment of principal and interest on bonds, said facilities generally described as follows: (1) Public facilities generally described as new library facility, major addition to an existing library building, a City Hall complex, and the addition of office and warehouse facilities at the public safety center; (2) Park improvements generally desrribecl as the Macario Canyon Park; (3) Major street improvements in portions of the following designated public streets'. (a.) Faraday Avenue; (b.) Cannon Road; (c.) La Costa Avenue; (d.) Olivenhain/Rancho Santa Fe Road; and (e.) Leucadia Boulevard. (4) Major bridge and overpass facilities generally described as: (a.) La Costa Interchange; (b.) Poinsetlia Interchange; and (c,) Palomar Airport Road Interchange. The special tax is authorized to be levied on the property described in Exhibit "A" attached hereto (the "Annexed Property") which has been annexed to Community Facilities District No. 1, and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and cancelled in accordance with !aw or until (he special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rale and method of apportionment of the authorized special tax is as shown on the attached, referenced and incorporated Exhibit *'B", and the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are as follows: Any special tax may be prepaid and satisfied by the payment of the maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance with Section 3 1 15,5 of the Streets and Highways Code. The names of the owner(s) of the Annexed Property as they appear on the last secured assessment roll as- uf the date of recording of this Notice and the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the Annexed Property aie as set forth on the attached, referenced and incorporated Exhibit "A". Reference is made to the following: 1 . Notice of Special Tax Lien for the original Community Facilities District recorded May 20, 1991 as Document No. 91-236959, in the Office of the County Recorder for the County of San Diego, State of California, which Notice is amended by the recordation of this document. 2. Boundary map of the original District recorded at Book 24, Page 56, Document No. 90- 6741 18, Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of San Diego, State of California. 3 , . Boundary map of Annexation Area No. 01/02- Q| recorded at Book j? . Page , Document No. ¥jj~jf\~i&\, Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of San Diego, State of California. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person: Lisa Hildabrand, Finance Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602^2490 39yd tfjQS I£92e£209i Zt»:0T ZQQZ/QQ/LQ AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) DATED: „ ^ '£6 • 2002 5rraine M. Wood, City Cleric City of Carlsbad State ofCalifornia -:0T 2002/80/^0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER "EXHIBIT A" Property Owner: Real Estate Collateral Management Company Assessor's Parcel Numbers: 213-030-11-00 215-021-07-00 215-030-06-00 215-030-14-00 215-03M3-00 215-052-15-00 215-061-01-00 215-061-09-00 215-480-02-00 215-480-03-00 Zt>:0T CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 RATE AND METHOD OF APPORTIONMENT EXHIBIT "B" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexation Area shall be subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as established tor the original Community Facilities District No. 1 and further based upon the property categories, maximum tax rates, increases and status of the issuance of building permits, all as hereinafter sot forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilities District, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA H Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2,739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: gg 39Vd VJQS I£9Z££Z89i ZP'-2l Z22Z/Q2/L2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA i AREA II Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 2,312.00 Residential High 2,810.00 2,312.00 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, also subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA II Commercial Property $2,400.00 $ 1,600.00 Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a building permit shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per property category as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OP BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17,51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank-Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7J8 2.56 S & L with Drive-thru 7.59 3.43 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S&L-Walkln 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 Hulel - Conv. Fac/Comm. 3>4/ 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3,06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 . 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 80 yj :0T PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT . DESIGNATIONS _ AREA I AREA II Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties not identified above 2.14 1.44 INDUSTPJAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Heliports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year shall not exceed 13.81% of the authorized "Maximum Special Development Tax - One Time" for the various Commercial and Industrial Property categories as set forth above in the amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Engineering News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually inflate each of the Maximum Annual Taxes for each year for properties as follows: S0 39Vd ^^03 T£92££209i 3t> :0T 2002/80/A0 A. PROPERTIES WITI UN THE DISTRICT: Not to exceed 50% of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied for a period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be subject to any annual special tax. Commercial and industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. 31.01 39yd tfJdS IE92ESZ09Z. Zt> :0T COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time levied against residential properties. SECOND: The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts of each property category as required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and pay for current or future public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed Property levied against Commercial and Industrial properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable Commercial and Industrial acreage in the proportional amounts for each property category as required, not to exceed the maximum tax. * * * & ASSOCL^ES LETTER OF TRANSMITTAL To: Clyde Wickham Of: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760) 602-2742 Fax: (760) 602-8562 From: Bryan D. Bennett Of: Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760) 438-0981 Date: 7/18/02 Time: 11:06 AM RE: La Costa Greens - Condition #49, Mitigation Measures 4.11-6A and 4.11 -10 FORWARDED BY: 0 HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 1 Receipt of NOI COMMENTS: Attached please find the La Costa Greens receipt for their NOI. The attached satisfies the requirement for Condition #49 of PC Reso. No. 5016 and a portion of Mitigation Measures 4.11-6A and 4.11-10. If you have any questions or need any additional information, please feel free to call our office at (760) 438- 4090. Thank you, Bryan Copies to: Don Neu, Planning Department Tim O'Grady, Morrow Development File Henthorn & Associaft 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 July 18, 2002 Clyde Wickham City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: La Costa Greens - Planning Commission Resolution No. 5016, Condition #49 & Mitigation Monitoring and Reporting Program, Measures 4.11-6A and 4.11-10 Dear Mr. Wickham: Enclosed please find the Receipt of the Notice of Intent (NOI) from the State Water Resources Control Board for the La Costa Greens Village. With the delivery of this document, the requirements for Planning Commission Resolution No. 5016, Condition #49 has been fully satisfied. In addition, a portion of the requirements for Mitigation Monitoring and Reporting Program, Measures 4.11-6A and 4-11-10 have been satisfied with the enclosed document and are awaiting the City's approval of the project's SWPPP for final compliance. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett(qJihenthorn.com. Sincerely, Bryap/D. Bennett Associate Planner encl. Receipt of Notice of Intent cc: Don Neu, Planning Department Tim O'Grady, Morrow Development file Document2 -1- 07/17/2002 WED 10:03 FAX 7809292705 MORROW DEVELOPMENT -»•»•» HENTHORN JACK ®OQ2/002 State^ater Resources Contrff Board Winston H-Hicko* Division of Water Quality SecreW/o, ., ,'0011 Street- S^^nto California 95814. (916) 34I-S537 Environmental Mailing Address: P.O.Box 1577 -Sacramento, Culitbtnia-95812-1977 Preueao? FAX(916)341-5543-IrtemetAddftas: h(ip://www.swreb.ca.8ov June 11,2002 RECEIVED DAVID A WATTS JUR 1 5 2002 REAL ESTATE COLLATERAL MGMNT C MAPBTWI/ nR/n nrM™r1903 WRIGHTPL STE 180 MORROW DE^OPMENT CARLSBAD, CA 92008 RECEIPT OF YOUR NOTICE OP INTENT The State Water Resources Control Board (State Water Board) has received and processed your NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY. Accordingly, you are required to comply with the permit requirements. Your WDID identification number is: 9 37S318243. Please use this number in any future communications regarding this permit. SITE DESCRIPTION OWNER: REAL ESTATE COLLATERAL MGMNT C DEVELOPER: MORROW DEVELOPMENT CO COUNTY: SAN DIEGO SITE ADDRESS: N QF ALGA RD AND E OF LA COSTA COMMENCEMENT DATE: 12/1/02 EST. COMPLETION DATE: 6/1/04 When construction is complete or ownership has bsen transferred, dischargers are required to notify the Regional Water Board by submitting a Notice of Termination (NOT), All State and local requirements must be met in accordance with Special Provision No. 7 of the General Permit. Enclosed is a NOT for your future use. If you do not notify the State Water Board that construction activity has been completed you will continue to be invoiced for the annual fee each April. Please contact your Regional Water Board at (858) 467-2952 if you have any questions regarding permit requirements. To obtain storm water related information and forms, please visit the storm water web page at www.swrcb.ca.gov/stormwtr/index.html. Sincerely, Storm Water Section Division of Water Quality Enclosure California Environmental Protection Agency >* Recycled Paper JA^HENTHORN & ASSOClAs LETTER OF TRANSMITTAL To: Don Neu Of: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760)602-4612 Fax: (760) 602-8559 From: Bryan D. Bennett Of: Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760) 438-0981 Date: 7/25/02 Time: 1:09 PM RE: La Costa Greens — Mitigation Measure 4.4-24A and 4.4-24B FORWARDED BY: El HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 1 Letter 1 Helix Letter COMMENTS: Enclosed please find the Helix letter in regards to the raptor nest survey for the La Costa Greens project. If you have any questions or need any additional information, please feel free to call our office at (760) 438-4090. Thank you, Bryan Copies to: Tim O'Grady, Morrow Development File July 25, 2002 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 k Henthorn & Associa 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 Subject: Mitigation Monitoring & Reporting Program, Measure #4.4-24A and 4.4-24B Dear Mr. Neu: Enclosed please find the letter from Helix Environmental in regards to the breeding season for raptors. The letter identifies the breeding season for raptors between February 1st and August 15th. Since we are outside the breeding season the required raptor nest survey is not necessary. However, if grading extends beyond February 1st a survey will need to be conducted for raptor nests. With the delivery of this document, the requirements for Mitigation Monitoring and Reporting Program, Measures #4.4-24 A and 4.4-24B have been satisfied. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett@jhenthorn.com. Sincerely, Bry^/D. Bennett Associate Planner encl. Raptor Survey Letter cc: Tim O'Grady - Morrow Development file Document! -1- JUi environmental planning, inc. La Mesa, CA 91941-6476 e-mail:admin @helixepi. com fax (619) 462-0552 phone (619) 462-1515 July 19, 2002 .._ ^200? MDI-06 Mr. Tim O'Grady Villages of La Costa 1903 Wright Place, Suite 180 Carlsbad, California 92008 Subject: Raptor Surveys for the Villages of La Costa Greens project Dear Mr. O'Grady: Mitigation Measure 4.4-24 of the Villages of La Costa Mitigation Monitoring and Reporting Program states: "Prior to the issuance of a grading permit, a qualified biologist shall determine the presence or absence of occupied raptor nests on the affected area. Grading and construction which creates adverse effects to active raptor nests, including noise levels above 60 dB(A) at the nest site, shall be restricted to 200 feet from any active raptor nest. This restriction shall be noted on all grading and construction plans. No grading or construction activities shall be permitted within 200 feet of the active nest(s) until the young have fledged." The breeding season for raptors is generally considered to be between February 1 through August 15. Grading is not anticipated to be initiated until after August 15, 2002 and prior to February 1, 2003. Pre-construction surveys for raptors are therefore not necessary. If grading extends beyond February 1, 2003 and results in noise levels above 60 dB(A) beyond the edge of development, a raptor nesting survey will be conducted during the first week of February. If any active nests are located, the restrictions noted above will be implemented. Please call if you have any questions. Sincerely, Barry L.^Jones Senior Consulting BJologist DEVELOPMENT 1903 VVright Place, Suite 180 January 15,2003 - Carlsbad, CA 92008 phone: 760 929-2701 Mr. Bill Tippets fax: 760 929-2705 DEPARTMENT OF FISH & GAME 4949 Viewridge Avenue SanDiego,CA 92123 Dear Mr. Tippets: Enclosed please find a fully executed Conservation Easement and. an Irrevocable Offer to Convey that are being submitted to satisfy the offsite requirements for Villages of La Costa in the Fieldstone / La Costa HCP. The offer of conveyance includes two legal parcels consisting of over 65 acres. The Conservation Easement covers 39.37 acres representing our $ 1 million offsite requirements as adjusted for inflation. The balance of the offsite ChoumasPappas and Almeir will be encumbered with Conservation Easements upon receipt of compensation from other proj ects and/or the City of Carlsbad. Center for Natural Lands Management has received copies of the attached, together with an endowment check for maintaining the properties together with our onsite preservation areas. A copy of the check is attached. Please call if you have any questions. Sincerely,. Fred M. Arbuckle , President, Morrow Development Agent for RECM FMA:jef Enclosures Cc: Mr. John Martin Mr. Don Rideout / Mr. Don Neu Mr. Ron Rouse Mr. David Watts Mr. Barry Jones DEVELOPMENT 1903 Wright Place, Suite 180 Carlsbad, CA 92008March 24, 2006 phone: 760 929-2701 Mr. Don Neu fax: 760 929-2705 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: La .Costa Greens; Lot #2 De-Annexation Dear Don: Pursuant to our telephone conversation last week, I have enclosed the Notice of Delineation of Territory of La Costa Greens to remove the Declaration of Covenants, Conditions and Restrictions for La Costa Greens from encumbering Lot #2. Please have the Planning Director sign and notarize the enclosed document. For your reference, I've enclosed the cover sheet of the original Declaration for the Greens, the section from the declaration referring to de-annexation of property and a copy of the legal description for the property originally subject to the declaration Additionally, I have included a map which illustrates that Parcel 1 and Parcel 2 of the Minor Subdivision map that we are currently processing are contained completely within the boundaries of Lot #2 of Map No. 14543. Parcel 1 is the proposed daycare site; Parcel 2 is our Community Facilities site. Should you have any questions to the above, please feel free to contact me directly at (760)929-2701 ext. 102. Sincerely, Tim O'Grady Senior Vice President TOG:jef Enclosures RECORDING REQUESTED BY: AFTER RECORDING MAIL TO: Luce, Forward, Hamilton & Scripps LLP 600 W. Broadway, Suite 2600 San Diego, CA 92101 Attn: Nancy T. Scull, Esq. Space Above For Recorder's Use NOTICE OF DELETION OF TERRITORY OF LA COSTA GREENS THIS NOTICE OF DELETION OF TERRITORY OF LA COSTA GREENS ("Notice of Deletion of Territory") is made by REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation ("Declarant"), on March 21, 2006 , 2006 with reference to the facts set forth below. RECITALS A. Declarant caused to be filed for record on June 2, 2004, in the Official Records of San Diego County, California, as Instrument No. 2004-0512841, that certain Declaration of Covenants, Conditions and Restrictions of La Costa Greens ("Declaration") which document annexed the property identified as Lot 2 on Exhibit "A" attached hereto and incorporated herein into the Declaration ("De-Annexable Property"). Except as may otherwise be defined herein, all/ capitalized terms used herein shall have the meanings set forth in the Declaration. B. Pursuant to Section 12.4 of the Declaration, Declarant may delete all or a portion of the Covered Property from the coverage of the Declaration or any Supplementary Declaration, provided Declarant and/or a Merchant Builder are the sole Owner(s) of all of the real property to be deleted and, with respect to the Phase in which such Covered Property is located, no Lot has been conveyed to a member of the homebuying public, no Community Association Property has been conveyed to the Community Association and no Community Assessments ,have commenced; provided, however, that the consent of any Merchant Builder which owns any portion of the real property affected by such deletion and the consent of the City shall be required. C. The City herein provides its consent to the deletion of ,the Covered Property described on Exhibit "A". Such consent is attached hereto and recorded concurrently herewith D. Declarant is the sole Owner of all of the real property described in this Notice of Deletion of Territory to deleted and, with respect to the Phase in which such De-Annexable La Costa Greens Notice of De-Annexation//Lot 2 27817-13/3000127.1 Property is located, no Lot has been conveyed to a member of the homebuying public, no Community Association Property has been conveyed to the Community Association and no Community Assessments have commenced. . f, E. Declarant desires to de-annex the De-Annexable property from the Declaration. -«& NOW THEREFORE, Declarant declares as follows: 1. Deletion of De-Annexable Property. Upon the recordation of this Notice of Deletion of Territory in the Office of the Recorder of San Diego County, the De-Annexable Property and shall no longer by made part of the real property that was made part of the Declaration. IN WITNESS WHEREOF, this Notice of Deletion of Territory has been executed as of the date first above written. REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation Name: Title: La Costa Greens Notice of De-Annexation//Lot 2 27817-13/3000127.1 STATE OF- COUNTY OF (ld)K ). /; On M^Tc/ix oil ^jCj, , before me. (-J («-".£ C, fttf<M./\o , Notary Pub lief personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1 "OFFICIAL SEAL" * DIANA C. MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/4/2009 Signature . (Seal) La Costa Greens Notice of De-Annexation//Lot 2 27817-13/3000127.1 CONSENT BY THE CITY OF CARLSBAD The undersigned, hereby consents to the terms and recordation of this Notice of Deletion of Territory to which this Consent is attached. . . '- > CITY OF C By:^_ Name: /A?arcelc^ Title: - Edk c, By:_ Name: Title: La Costa Greens Notice of De-Annexation//Lot 2 27817-13/3000127.1 STATE OF CALIFORNIA ) ) COUNTY OF 5&vTJ)\eqt> )/- On P/Wdl ;M. ZL&Q/s? before me, IDa^Ox/fr-- -\ • Nedfg-£ , Notary Public'* personally appeared ft personally known to me (or proved to me on the basis of satisfactory evidence) to be the person^ whose name^ is/are-subscribed to the within instrument and acknowledged to me that fee/she/they executed the same in &ts/her/t-keir authorized capacityfies), and that by-feis/her/theif signature(s) on the instrument the person(#), or the entity upon behalf of which the person(s} acted, executed the instrument. .^ WITNESS my hand and official seal. 1 ^^^-(^Mn^^, 5 I California £ San Di^ao County MyComm. FM^X^,IV 23.2008! Signature / (Seal) STATE OF CALIFORNIA ) ) COUNTY OF ) 008f Son Diego County MyComm. Expire* New 23, On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature . (Seal) La Costa Greens Notice of De-Annexation//Lo£ 2 27817-13/3000127.1 EXHIBIT "A" LEGAL DESCRIPTION OF DE-ANNEXABLE PROPERTY LOT 2 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. EXHIBIT "A" La Costa Greens Notice of De-Annexation//Lot 2 27817-13/3000127.1 LOT 1 MAP 14543 LOT 20 MAP 14543 CAlflNO VTOA ROBLE LOT 2 MAP 14543 LOT 20 MAP 14543 / LOT J MAP 14543 SCALE: 1"= 200' LA COSTA GREENS LOT 2 - MAP 14543 Vs PARCEL 1 & 2 MS 05-05 HUNSAKER &ASSOCIATES (AN 0 I t CO, INC SHL 1 OF 1 L 0 MEN 1903 Wright Place, Suite 180 Carlsbad, CA 92008 phone: 760 929-2701 fax: 760 929-2705March 20,2002 Mr. Don Neu Principal Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: 1996 Parks Agreement Dear Don, I have attached a copy of my January 3, 2002, correspondence. This verifies that we are in compliance with the 1996 Parks Agreement. We continue to have set aside over 32.9 acres of parkland, which will far exceed the demand of our future development plans. The approval of the Master Final Map for the La Costa Greens Village will create no additional individual lots. Therefore, no parks dedication is required, nor are any park in lieu fees required at this time. I trust that you will find that we have complied with CT 99-03, Resolution 5016, Number 64. If you have any additional questions, please contact me at your convenience. F red M. Arbuckle P resident DEVELOPMENT 1903 Wright Place, Suite 180 - Carlsbad, CA 92008 phone: .760 929-2701 fax: 760 929-2705 January 3,2002 Mr. Don Neu Principal Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Don: After a thorough review of the 1996 Parks Agreement, I find that we are in compliance with all provisions. We have set aside, by virtue of our irrevocable offer of dedication, in excess of the requisite 32.9 acres of park land, which far exceeds the demand of pur future Villages of La Costa Master Plan. i Section 3.3 of the Agreement states that we have 6.831 acres of Existing Parkland Credits after building Arroyo La Costa (La Costa Valley). There was a mathematical mistake in Agreement, the actual number or Credits is 6.381. We are currently firialing the map for PA 3.8 and 3.9, containing 161 Lots. We have not sold these lots to another entity, so we are not transferring Parkland Credits. However, 161 lots will generate 373.198 persons and a parks need of 1.119 acres. We will then use 1.119 acres of Existing Parkland Credits for these two areas. This will leave 5.261 acres of Existing Parkland Credits after they are used for the final map. In Section 4 of the 1996 Agreement, it states that the City shall make a determination as to how much of the Alga Norte Park it will take. I understand that the City desires all of the park. Therefore, the City will accept all 34.4 acres designated hi the Master Plan as PA 1.4 and 1.5. Consistent with this assumption, the school site will be moved to PA 1.7 which will reduce the yield of that Planning Area by 47 lots. I have attached a sheet of calculations regarding our park needs at build-out and reflecting the above assumptions. Sincerely Fred M. Arbuckle President Villages of La Costa Park Credit Calculation As of: January 4, 2002 Village Planning Area Greens 1.3 Greens 1.16 Greens 1.17 Greens 1.7* Greens 1.11, 1.13, 1.14 Greens 1.6 Greens 1.9 Greens 1.8 Greens 1.10, 1.12 Greens 1.15- Affordable Greens 1.1- Industrial Greens 1.5 -Park Greens 1.4 -School* Greens 1.2- Daycare/POW Greens Oaks-N 3.7 Oaks-N 3.1 Oaks-N 3.4,3.5 Oaks-N 3.3 Oaks-S 3.9 Oaks-S 3.10,3.11 Oaks-S 3.8 Oaks-S 3.12,3.13,3.15 Oaks-S 3.14 Oaks-N 3.6 -Affordable Oaks - N 3.2 - Community Facilities Lot Size 3,500 3,500 4,500 5,000 5,000 6.000 6,000 7,500 9,000 Apt 7.90 34.40 NA 7.90 3,500 5,000 5,000 6,000 6,000 6,000 7,500 7,500 10,000 Apt 6.4 #Lots 44 96 107 80 125 96 74 87 102 180 991 45 76 91 138 88 89 74 194 66 171 Oaks 1,032 Ridge Ridge Ridge Ridge 2.6 2.5 2.1,2.2 2.3, 2.4 3,500 6,000 7,500 10,000 58 66 93 103 Ridge 320 A!! Villages 2,343 Population Generation Rate per Residence X 2.318 Projected Population 5,431 Acres required per 1,000 residents 3.0 Park Acres required 16.293 Credit remaining from La Costa Valley (6.381) Remaining obligation for VLC 9.912 Park Acreage 34.400 Dedication to fulfill VLC requirement (9.91) Acres that City will Purchase 24.49 Purchase Price per Acre 175,000 Total City Purchase Price $4,285,361 * Assumes that School Site is moved to PA 1.7 and 47 lots are lost jAdfcHENTHORN & LETTER OF TRANSMITTAL To: Don Neu Of: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760)602-4612 Fax: (760) 602-8559 From: Bryan D. Bennett Of: Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760) 438-0981 Date: 6/20/02 Time: 10:57 AM RE: VLC Greens - MM&RP, Measures #4.4-25 and 4.4-26 FORWARDED BY: 0 HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages 1 1 3 Description Transmittal Letter Villages of La Costa Biological Noise Mitigation Monit:oring Plan COMMENTS: Attached please find the Biological Noise Mitigation Monitoring Plan in compliance with Mitigation Measures 4.4-25 and 4.4-26. If you have any questions or need any additional information, please feel free to call our office at (760) 438-4090. Thank you, Bryan Copies to: Tim O'Grady, Morrow Development File June 20, 2002 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Henthorn & Associaf 5365 Avenida Enemas, Suite A Carlsbad, California 92008 . (760) 438-4090 Fax (760) 438-0981 Subject: Mitigation Monitoring & Reporting Program, Measure #4.4-25 and 4.4-26 Dear Mr. Neu: Enclosed please find the Biological Noise Mitigation Monitoring Plan prepared by Investigative Science and Engineering, Inc. dated January 10, 2002. The plan addresses the biological issues associated with the proposed construction of the Villages of La Costa Development area by establishing a mitigation monitoring protocol. With the delivery of this document, the requirements for Mitigation Monitoring and Reporting Program, Measures #4.4-25 and 4-4-26 have been satisfied. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett(5)ihenthorn.com. Sincerely, Bry$/D. Bennett Associate Planner encl. Biological Noise Mitigation Monitoring Plan cc: Tim O'Grady - Morrow Development file Document 1 -1- 3545 Camino Del Rio South, Suite E San Diego, CA 92108-4003 Phone/Fax: 619-640-9379/619-640-0763 www.iseinc.ws January 10, 2002 Mr. Don Neu City of Carlsbad Planning Department 1635 Faraday Road Carlsbad, CA 92008-7314 RE: VILLAGES OF LA COSTA MASTER PLAN - CARLSBAD CA BIOLOGICAL NOISE MITIGATION MONITORING PLAN Dear Don: At the request of Morrow Development, Investigative Science and Engineering (ISE) has been retained as the technical consultant to address biological noise mitigation issues associated with the proposed construction of the Villages of La Costa Development area. Per our discussion, the requisite mitigation monitoring protocol is provided within this letter. BACKGROUND Pursuant to the adopted Mitigation Monitoring and Reporting Program for the Villages of La Costa Master Plan (MP 98-01), Mitigation Measures 4.4-25 and 4.4-26 define the applicable standards pertaining to noise exceedances during the breeding season for the California Gnatcatcher (Polioptila California). Construction noise generated by this project is regulated by the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Game for its effect on the federally endangered California gnatcatcher. Resource agencies have theorized that elevated noise levels can potentially mask songs of these birds, which are used to attract mates and defend territories. The San Diego Association of Governments (SANDAG) in a 1990 study entitled "Comprehensive Species Management Plan for, the least Bell's vireo" theoretically estimated that {traffic} noise levels above 60 dBA Leq in vireo breeding areas may sufficiently mask the vireo's song and potentially reduce the reproductive success of this species during their breeding season that occurs from March 1 to September 1. The SANDAG report conclusions were unclear as to the specific time interval of the measurement, but it is typically taken as one hour (i.e., Leq-h). Leq is the energy-mean A-weig.hted sound level during a measured time interval. It is the 'equivalent1 constant sound level that would have to be produced by a given source to equal the fluctuating level measured. For most biological monitoring projects, the monitoring interval is taken as one-hour (denoted as Leq-h). Scientific and Forensic Engineering Consultants Don Neu Villages of La Costa Biological Noise Mitigation Monitoring Plan January 10, 2002 Page 2 of 3 Although research is on going regarding similar noise impacts to the California gnatcatcher, in the absence of species-specific data, these same study results are applied by the Service to this bird species as well. APPLICABLE SIGNIFICANCE CRITERIA As indicated previously, specific to the Villages of La Costa Master Plan, the following grading requirements were adopted: 4.4-25: If clearing or grading occurs during the gnatcatcher breeding season (February 15 to July 31), and noise levels exceed 60 dBA Leq-h at the edge of the HCP/OMSP, measures consisting of temporary six-foot high noise berms or other appropriate noise reduction methods will be required to minimize noise impacts. 4.4-26: Active gnatcatcher nesting site noise levels will be monitored to ensure that noise levels are maintained at or below 60 dBA Leq-h. These requirements indicate the need for mitigation monitoring under the following two conditions, notably, a) periodic monitoring within sensitive habitat areas identified by the project biologist between February 15 to July 31 of each year for which construction is planned, and b) implementation of temporary noise mitigation barriers (or similar applicable methods) to limit exposure in sensitive areas to 60 dBA Leq-h. RECOMMENDED MITIGATION MONITORING PLAN Given the above requirements, ISE recommends a mitigation-monitoring plan consisting of the following: 1. During the time period between February 15 to July 31 of each year for which construction is planned, periodic random daytime monitoring occurring twice weekly at nesting areas previously identified by the project biologist, and, residing within approximately 500-feet of construction areas, will be performed. This condition has been found to be adequate by ISE in the past since 500 feet is the minimum distance required to attenuate a stationary or semi-stationary aggregate construction noise source of 80 dBA Leq-h to a level of 60 dBA Leq-h. Construction activities outside this 500-foot zone during the aforementioned breeding season have been demonstrated in the past to have de minimis impacts for most common construction activities. Questionable construction operations (such as operation of large pneumatic devices) could be verified for compliance at the City's request. 2. ISE would prepare a weekly monitoring letter, addressed to the City, Client, and applicable regulatory agencies (if desired) summarizing the findings and any applicable mitigation recommendations. Don Neu Villages of La Costa Biological Noise Mitigation Monitoring Plan January 10, 2002 Page 3 of 3 Historically, this condition has been well received by USFWS and CDFG as it maintains a chronology of events and demonstrates the applicants proactive treatment of biological noise issues. Finally, 3. Where the projected noise level at a sensitive biological receptor area is anticipated to exceed 60 dBA Leq-h, ISE will consult with the project biologist to implement corrective measures to reduce noise levels to acceptable levels. This method of projecting the future hourly noise level based upon real time data sampling (also known as measuring the acoustic dose) worked extremely well for the Cannon and Faraday Road improvement projected in that.it allowed the City to anticipate the impact before it occurred. This was a great aid in false work removal and sandblasting phase of the Macario Canyon bridge construction since it allowed ISE to refine the mitigation based upon a proposed action without generating an impact within the habitat. It is anticipated that utilization of the above plan would result in complete mitigation of sensitive habitat areas with negligible effect on the proposed construction operations. Should you have any questions regarding the above conclusions, please do not hesitate to contact me at (619) 640-9379. Sincerely, Rick Tavares, Ph.D. Project Principal Investigative Science and Engineering, Inc. Cc: Fred Arbuckle, Morrow Development Reed Thornberry, ISE REAL ESTATE COLLATERAL MANAGEMENT RECEIVED CONSULTING SERVICES AGREEMENT RECM/Morrow jyi -j -| Consultant: San Diego Natural History Museum MOrtnuw DEVELOPMENT Contract No: 457 This Consulting Services Agreement (the "Agreement") is made and entered into this 17th day of June, 2002, by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation (hereinafter called "Company") and San Diego Natural History Museum, (hereinafter called "Consultant"), in consideration of the mutual covenants and conditions herein contained. COMPANY'S AGENT. For all purposes of administration, supervision and implementation of this Agreement, Company's agent, Morrow Development, Inc., a California corporation (hereinafter called "Morrow") shall act for Company for all purposes regarding this Agreement. Consultant hereby acknowledges and understands that Morrow is acting herein as the agent of Company, and Consultant shall accept and recognize the actions of Morrow as though it were the contracting party directly. Morrow is the Development Manager for Company in connection with the real estate master planned community(s) known as Villages of La Costa (the "Project"). The parties hereto agree as follows: 1 . Scope of Work. Consultant shall perform the consulting and associated professional services as more particularly described on the Scope of Work Exhibit "A" hereto ("Work") for the Company in accordance with this Agreement and the provisions contained in any exhibit supplemental hereto which shall be considered a part of this Agreement. Consultant hereby represents and warrants it has the requisite licenses or other governmental authorization to perform the Work at all times herein and its license number is set forth on the signature page. 2. Authorization to Proceed. Consultant shall not commence the consulting services prior to full execution of the Letter of Authorization attached hereto as Exhibit "C" ("Authorization") which will outline the amount of compensation to be paid, authorize any reimbursable charges to be incurred, designate Morrow's direct representative for this Agreement, specify the schedule for start and completion of the services, and provide instructions for identification and segregation of the charges. 3. Term of Agreement. This Agreement shall continue in effect until terminated by either party giving the other not less than 10 days prior written notice. However, if Company so terminates this Agreement and Consultant is not then in default hereunder, Company agrees to pay Consultant for all services performed through the effective date of the notice of termination, provided such work is in conformity with this Agreement and any Authorization subject to the terms of this Agreement. Page 1 of 18 4. Termination Cause. Notwithstanding the foregoing, Company or Morrow shall have the right at any time, in its sole discretion, to terminate this Agreement if the Consultant fails to timely perform its obligations by giving Consultant written Notice of Termination, in which event Consultant shall immediately cease all services hereunder. Such Notice of Termination shall be deemed termination for cause. If Morrow or Company terminates this Agreement for cause, Company shall have any and all remedies and rights provided at law or in equity including, without limitation, the right to offset against any and all sums that may be due to Consultant any and all damages, costs and expenses incurred or suffered by Company or Morrow by reason of Consultant's breach or default. 5. Request for Payment. Subject to the provisions of Section 4 above and all other terms and provisions of this Agreement, Consultant shall be paid for all Work and any additional completed services authorized in writing and all reimbursable expenses incurred, to the extent the same were authorized by Company or Morrow pursuant to this Agreement, through the date of Notice of Termination. Consultant shall submit a written Request for Payment statement, certification and lien waivers and releases to Company in the form provided in Exhibits "B" and "B-1" of this Agreement or on a substitute form as reasonably requested by Company or Morrow. 6. Expense Approval. Before incurring any proposed reimbursable expense not specifically authorized in this Agreement, Consultant shall obtain Morrow's or Company's prior written approval of such expense. Company shall reimburse Consultant on a monthly basis for such pre-approved incurred expenses providing same are supported by invoice vouchers delivered to Morrow by Consultant and such detail information and documents as Company or Morrow may reasonably require. 7. Documents. Consultant shall submit status reports periodically as may be requested by the Company or Morrow. Expenses and reimbursable charges shall also be reported to the same individual. All design, drawings, specifications, technical data, and other reports, documents or materials provided to or produced by Consultant in the performance of its Work under this Agreement (hereinafter "Documents") shall be the sole property of Company and Company is vested with all rights therein of whatever kind and however created, including without limitation, all common law and statutory copyright. Consultant hereby assigns to Company, without additional compensation, all right, title and interest in all creations, inventions, ideas, designs, copyrightable materials, trademarks and other technology and rights, (and any related improvements or modifications), whether or not subject to patent or copyright protection, relating to any activities of Consultant in performing Work or rendering services under this Agreement. Consultant shall execute any and all instruments, including further assignments of interest, as may be required to transfer to Company any and all of Consultant's rights in and to the Documents and all rights incidental thereto. Consultant agrees that Company and Morrow shall have access at all reasonable times to inspect and make copies of all Documents. Consultant shall upon request of Company or Morrow, at their cost and expense, provide Company or Morrow with reproducible copies of all Documents. Without Company's prior written consent, Consultant shall not use any of the Documents it has prepared in connection with this Agreement on any other project Page 2 of 18 or in connection with services to be rendered to anyone other than Company. Upon termination or expiration of this Agreement, Consultant shall immediately deliver to Company or Morrow any original Documents prepared by Consultant in connection with this Agreement not previously delivered to Company or Morrow. As more particularly set forth in Section 12, Consultant shall indemnify, defend and hold harmless, Company and Morrow, and their Affiliates, from and against any claim, damage, cost, loss, or liability (including court costs and attorneys' fees) arising as a result of any alleged copyright infringement action or any other objection to Company's Document ownership or use arising out of or related to use of Documents prepared by Consultant under this Agreement. 8. Company's Use of Documents. Company shall have the right to reuse the Documents, in whole or in part, for any other Company project provided that in connection with such other project, Company shall indemnify Consultant with respect to all claims for property damage or personal injury arising out of such reuse. The foregoing indemnity shall not, however, apply if Consultant's services are terminated due to a breach of its obligations under this Agreement. Consultant may not use, in whole or in part, any of the Documents nor shall Consultant disclose same or make same available, in whole or in part, to any third party whomsoever other than as authorized by Company in writing. Company shall retain ownership of all formal published reports, studies, computer programs and files, maps, designs, plans, specifications and other work product prepared by Consultant to be used by Company in any manner it may find appropriate. Consultant acknowledges that violations regarding the use of the Documents could result in substantial damages to Company under this Agreement. 9. Consultant Supervision. Consultant shall supervise and direct all of Consultant's agents, employees and subcontractors performing Work or services, be responsible for all methods, sequences and procedures used and be responsible for coordinating all portions of Consultant's Work. Consultant shall perform the Work using the highest level of care and skill exercised by or expected by members of the profession currently practicing under similar conditions for master planned or other communities similar to the Project in Southern California. Consultant shall promptly supply to Company or Morrow in writing such other information which is or becomes known, in the course of performing the services, by Consultant or persons performing services, concerning facts which may materially affect the planning, marketing, design or construction of Company's property or Project. At all times in performing its duties hereunder, Consultant shall coordinate and consult with Company through Morrow to the end that major decisions as to the Project shall be made by the Company through Morrow. 10. Joint Venture. It is not the purpose or intention of this Agreement to create nor shall it be construed as creating a joint venture, real estate partnership, commercial partnership or other business relationship, other than Consultant being an independent contractor. Consultant shall act as an independent contractor with respect to performance of Work hereunder and neither it nor any of its employees, agents, or subcontractors will be deemed for any purpose to be the employee or agent of Company or Morrow in the performance of services hereunder. No federal, state, city or Page 3 of 18 other local governmental income or social security taxes will be withheld from Consultant's compensation except as required by law, and all such taxes will be reported and paid directly by Consultant. Consultant hereby defends, indemnifies and holds harmless Company and Morrow, and their Affiliates, for any tax liability of Company or Morrow, or their Affiliates, directly or indirectly incurred as a result of Consultant's failure to meet its tax and other obligations, in accordance with Section 12 below. 11. Approval of Subcontractor. No subcontractors shall be used by Consultant in connection with the Work without Company's or Morrow's prior written approval of such subcontractor including verification of subcontractor's license (if required), insurance coverages as provided herein and scope of the Work to be performed by such subcontractor. Consultant shall be solely responsible for any employee benefits, including, without limitation, wages, worker's compensation benefits, employment and social security taxes, and fringe benefits, to which Consultant's authorized subcontractors, employees or agents may claim to be entitled. Consultant agrees that only those persons approved by Company or Morrow will be involved directly and on a regular basis in providing the Work described above and overseeing the performance of such services, and that such individuals will devote sufficient time to the Work as will be required to complete the Work consistent with this Agreement. 12. Indemnification. Consultant shall indemnify, defend and hold harmless Company and Morrow, and their respective affiliates, subsidiaries, agents, members, employees, representatives, shareholders and officers ("Affiliates"), from any loss, damage, liability, costs and claims thereof, including without limitation, all court costs and attorneys' fees arising directly or indirectly out of Consultant's (i) acts or omissions outside the scope of Consultant's authority; (ii) in breach or default of its obligations under this Agreement; and (iii) negligent performance of services under this Agreement, except to the extent the same results from the sole gross negligence or the willful misconduct of Company, Morrow or their Affiliates. "Affiliates" also includes any company, partnership or other entity in which Company or its principals own, directly or indirectly, an actual or beneficial interest greater than twenty-five percent. 13. Insurance. Without in any way limiting Consultant's obligations hereunder, Consultant shall, during the term of this Agreement, maintain the following policies of insurance with insurers licensed in California holding a minimum rating of (i) AV or better or (ii) B+X or better: 13.1 Worker's Compensation as required by law and Employer's Liability with policy limits not less than $1,000,000 per occurrence and a separate Waiver of Subrogation issued for the benefit of Company and Morrow, and their Affiliates. 13.2 Commercial General Liability (Bodily Injury and Property Damage) insurance, the limits of which shall not be less than $1,000,000 per occurrence. Such policy shall be on an occurrence (and not a claims made) basis, including coverages for (a) blanket contractual liability; (b) broad form property damage; and (c) explosion, Page 4 of 18 collapse and underground hazard; and (d) products and completed operations, to the extent applicable to the Work. 13.3 Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non-owned, and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less then $1,000,000 for Bodily Injury and Property Damage Liability combined per occurrence. 13<4 ij>rofessionaUJabiJJty Irisurance/t $1>00p<000 perd^im and iWhe aggre^te/with s Liabffttyto cover'any liabilit/a^sumed u^er this A sucrhProfession&J Liability rosura 13.5 None of the insurance coverages described herein shall be terminated, canceled, or substantially changed without thirty (30) days' prior written notice to Company and Morrow. 13.6 Without prior written consent by Company or Morrow, the deductible amount under any of the insurance coverage described herein shall not exceed twenty-five thousand dollars ($25,000.00). 13.7 Except for the insurance coverages required under Sections 13.1 and 13.4, the above insurance shall name Company and Morrow, and their Affiliates, as an additional insured with respect to Work performed hereunder, and contain a Cross Liability Endorsement which provides that the insurance applies separately to each insured and will cover claims or suits by one insured against another. Such additional insured endorsement(s) shall state that such policy is primary and that any insurance carried by an additional insured is excess and non-contributing. The additional insured endorsement for commercial general liability must provide coverage for completed operations if applicable to the Work. 13.8 Before commencing the Work, Consultant shall provide Company and Morrow an original certificate of insurance or certified copies of all policies, or other documentary evidence of the above insurance coverages satisfactory to Company. 14. Consultant Payment. 14.1 Payment to Consultant shall be made as set forth herein following delivery to Company of (i) a conditional lien waiver and release (for progress or final payment as applicable) in favor of Company and Morrow in form and substance satisfactory to release all claims with respect to such payment under applicable law, and (ii) Consultant's written certification in the form of Exhibits "B" and "B-1", attached hereto, executed by Consultant's authorized representative which shall contain an estimate by the Consultant of the "percent complete" of the services performed by Consultant for the payment period covered by the statement. Such statement shall also include, for items of work identified to be compensated on a time and materials basis, an estimate by the Page 5 of 18 Consultant of the "percent complete" of total hours worked by each of the Consultant's employees and of the services performed by each such person. Such statement shall also include an itemization of all reimbursable expenses. Consultant's statements shall represent payment in full for the portion of the Work described therein and shall declare that; (i) the labor, services and materials, if any, covered by the statement have actually been furnished and performed; (ii) any liens which may arise as a result of applicable state statutes have been released or waived to the extent of the statement; and (iii) that all subcontractors, employees, or other persons have been paid in full for any labor, materials or services included in the statement. In the event all subcontractors have not been paid for releases therefrom obtained as set forth herein, Company may withhold from the payment due to Consultant, an amount equivalent to the purported sum owing by Consultant to such subcontractor until Consultant has paid such subcontractor in full or if such payment is in dispute, until Consultant has provided Company with an indemnity agreement satisfactory to Company with respect to the lien claims of such subcontractor. 14.2 Consultant shall submit to Morrow on or prior to the 15th day of any month a fully completed Request for Payment (Exhibit "B") for Work completed during the preceding month together with the supporting materials described in Section 14.1 above. Payment of such requests shall be made on, or prior to the 15th day of the subsequent month provided all certifications, supporting statements and/or lien releases identified herein are received within five (5) days of the submittal of such request for payment. In the event the supporting statements are not received within five (5) days after submission of payment request, payment shall be due on or prior to the 15th day of the first month after Morrow receives all supporting information and statements so long as all supporting statements and/or lien releases are received by Morrow prior to the twentieth day of the month which precedes expected payment. 15. Assignment. Consultant shall not assign its obligations hereunder without the specific written consent of Company which may be withheld in the sole discretion of Company. Company may, in its sole discretion, freely assign its rights and obligations to an entity deemed by Company as reasonably capable of performing Company's obligations hereunder and shall notify Consultant in writing of such assignment. Consultant specifically acknowledges that Company may at any time assign its rights under this Agreement without the necessity of consent of any third party. 16. Confidentiality. Consultant acknowledges that with respect to Company's Project, if such plans become generally known, Company's opportunities with respect to the Project would be prejudiced. Therefore, while performing services related to Company's Project, Consultant, unless approved in writing by Company or Morrow, shall refrain from disclosing the nature and purpose of its services to any third party, including real estate agents and brokers, except public agency staffs and individuals whom Consultant must contact in performing the Work, or its counsel or accountant. Further, in connection with the Company's Project, Consultant shall not, by itself, in connection with or in the name of another, or through affiliation with any entity, acquire property or rights in conflict with Company's interest. In the event Consultant does so, any such purchase, acquisition, option or contract will be deemed at Company's sole Page 6 of 18 option, to have been acquired on behalf of Company, and Consultant shall forthwith execute or cause to be executed any documents necessary to transfer such property rights or the rights thereto Company. All information acquired by Consultant, including materials prepared by Consultant, concerning the subject of the services to be rendered under this Agreement or Company's intentions with respect thereto, shall be considered strictly confidential ("Confidential Information"). Consultant shall not disclose any Confidential Information to others without Company's or Morrow's prior written consent, nor use the Confidential Information for any purpose other than as necessary in connection with the Work or additional services rendered in accordance with this Agreement. Disclosure to Consultant's employees and agents who agree to be bound by the terms of this Section 17 is permitted when required in connection with the Work to be rendered under this Agreement. Upon termination of this Agreement, Consultant shall return all Confidential Information to Company. Consultant agrees that ideas or concepts under consideration by Company or Morrow and disclosed to or developed by Consultant are confidential and proprietary to Company and may not be utilized by Consultant for any purpose other than in connection with the services to be rendered hereunder, nor disclosed to any third party unless authorized in writing by Company. Consultant agrees to commit its employees, advisors, agents, and subcontractors to protect the confidential and proprietary nature of these ideas and concepts. 17. No Gratuities. Neither Consultant nor its subcontractors, directors, employees or agents of any of them, will give or receive any commission, fee, rebate, gift or entertainment of material cost or value in connection with Consultant's services hereunder without prior written notification and consent from Company or Morrow. It is further understood that under no circumstances are Consultant, its directors, employees, agent or subcontractors or their directors, employees or agents to make any payment, or give anything of value, to any governmental official (including any officer or employee of any government department, agency or instrumentality) to influence a decision, or to gain any other advantage for Company or Consultant, in connection with services performed hereunder. Consultant will promptly notify Company of any violation of this Paragraph 17 and any consideration received as a result of such violation shall be administered as directed by Company. Additionally, if any violation of this Section 17 occurred prior to the date of this Agreement or Authorization to proceed, Company may, at its sole option, terminate this Agreement and, notwithstanding any other provision thereof or of any Authorization, not pay compensation or reimbursement to Consultant whatsoever for any work done after the date of termination. 18. Accurate Records. Consultant shall maintain true and accurate records in connection with its services and reimbursable charges hereunder and all transactions related thereto and shall retain such records for at least 48 months after completion of such services. Company may audit any and all records of Consultant relevant to any charges hereunder. Consultant shall also provide Company or Morrow a true and correct copy of any required license annually. 19. Compliance with Laws. Consultant and its subcontractors shall comply with all applicable laws, regulations, decrees, codes, ordinances, resolutions, and other acts of any governmental authority, including, but not limited to, Federal and state labor, Page 7 of 18 occupational health and safety, environmental and tax laws, which are applicable to this Agreement and Consultant's and its subcontractors performance hereunder during the period in which the services are performed, and shall indemnify, defend and hold harmless Company, Morrow and their Affiliates from any damage, injury, liability, claims, fines and penalties resulting directly or indirectly from Consultant's or its subcontractors' failure to do so in accordance with Section 12. 20. California Law. This Agreement shall be deemed to be a contract made and performed in the State of California and will be governed by the substantive law of that state without regard to the principles of conflict of laws. 21. Attorneys Fees. If Consultant, Company or Morrow (including Affiliates of Company or Morrow) is a party to any action or proceeding to enforce any of the terms of this Agreement, the prevailing party(s) in such action or proceeding (as determined by the judge or presiding official) shall be entitled to receive from the non-prevailing party(s), the prevailing party(s) costs and reasonable attorneys fees, incurred in prosecuting, defending or appearing in such action or proceeding. 22. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR INSTRUMENTS RELATING HERETO OR DELIVERED IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO A CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT WILL, AT THE REQUEST OF ANY PARTY, BE DETERMINED BY ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (9 U.S.C. SECTION 1 ET SEQ.) UNDER THE AUSPICES AND RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), EXCEPT AS OTHERWISE PROVIDED BELOW OR AGREED BY THE PARTIES. IF BOTH PARTIES CANNOT AGREE ON AN ARBITRATOR WITHIN FIFTEEN (15) DAYS AFTER DELIVERY OF A REQUEST FOR ARBITRATION, THE ARBITRATOR SHALL BE APPOINTED BY THE PRESIDING JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF SAN DIEGO, PROVIDED SUCH ARBITRATOR SHALL HAVE AT LEAST TEN YEARS EXPERIENCE IN DEVELOPMENT OF RESIDENTIAL MASTER PLANNED COMMUNITIES. THE ARBITRATION WILL BE CONDUCTED IN SAN DIEGO COUNTY AND IN RENDERING ITS DECISION, THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, AND WHERE APPLICABLE, THE SUBSTANTIVE LAWS OF THE UNITED STATES OF AMERICA. ANY CONTROVERSY IN INTERPRETATION OR ENFORCEMENT OF THIS PROVISION OR WHETHER A DISPUTE IS ARBITRABLE, WILL BE DETERMINED BY THE ARBITRATOR IN ACCORDANCE WITH CALIFORNIA LAW. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE INSTITUTION AND MAINTENANCE OF AN ACTION FOR JUDICIAL RELIEF IN PURSUIT OF AN ANCILLARY REMEDY DOES NOT CONSTITUTE A WAIVER OF THE RIGHT OF ANY PARTY, INCLUDING THE PLAINTIFF, TO SUBMIT THE CONTROVERSY OR CLAIM TO ARBITRATION. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION UNDER CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES Page 8 of 18 PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. WE HAVE READ AND UNDERSTAND THE FOREGOING INITIALS AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. Company's initials Consultant's initials 23. Entire Agreement. This Agreement constitutes the entire and integrated agreement between the parties and all prior and contemporaneous negotiations, representations and agreements, written or oral, if any, between the parties with regard to the subject matter of this Agreement are superseded and canceled hereby and shall not be used to interpret to construe this Agreement. No amendment or other modification of this Agreement shall be effective or enforceable unless in writing duly signed by Company and Consultant. 24. Notice. Wherever in this Agreement it shall be required that notice or demand be given or served by either party on the other, such notice or demand shall be given or served only if in writing and personally served at or forwarded by certified or registered mail, postage prepaid, addressed to the parties specified below. Any notice or demand given by mail as aforesaid shall be effective the second business day after mailing. Either party may change such address by written notice given in accordance with the terms hereof. Personal service may be by means of messenger, courier, commercial service such as Federal Express, telegram or telecopier or similar electronic delivery and shall be effective upon receipt. To the Company: c/o Morrow Development, Inc. Mailing Address: 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Delivery Address: Same as Mailing Address To the Consultant: At the address provided on the signature page. 25. No Waiver. The failure of either Consultant or Company to insist in any one or more instances upon the strict performance of any of the terms of this Agreement or to notify the other party of any default hereunder shall not be construed as a waiver or a relinquishment of the right to insist upon future performance of such terms or the right to thereafter declare a default hereunder. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 26. Morrow Agency. Company has represented to Consultant that Morrow is the authorized agent of Company and authorized by the Company to act as the Development Manager on behalf of the Company regarding this Agreement. Consultant Page 9 of 18 acknowledges and agrees that Morrow, its officers, directors, shareholders, and employees shall have no liability under this Agreement and that all rights and liabilities under this Agreement shall be those of Company. 27. Conflict. In the event of a conflict between the terms of this Agreement (and any authorization issued pursuant hereto), and any proposal, contract or exhibit prepared by Consultant which may be attached to any Authorization, the terms of this Agreement shall prevail. [Remainder of Page Intentionally Left Blank] Page 10 of 18 28. Survive Termination. Those provisions regarding confidentiality, indemnity and other similar covenants shall survive the termination or other expiration of this Agreement. In witness whereof, the parties have signed this Agreement in duplicate or counterpart originals effective the first date set forth above. CONSULTANT San Diego Natural History Museum COMPANY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation By: Its: P.O. Box 121390 San Diego, CA 92112-1390 APPROVED: ELOPMENT, INC. Fred M. Arbuckle President Page 11 of 18 EXHIBIT "A" SCOPE OF WORK Consultant: San Diego Natural History Museum Contract No.:457 Consultant agrees to furnish all labor, personnel, materials and equipment necessary to perform the Scope of Services (the "Work") described below and to complete performance of the Work in accordance with the performance schedule or the completion of dates set forth below. Consultant shall exert Consultant's best efforts, skill and judgment and shall exercise all due diligence to complete the Work in accordance with the terms of the Agreement to which this Exhibit is appended and in the most expeditious, sound and economical manner. PROJECT DESCRIPTION: Greens Phase 1 Grading Paleontologist SCOPE OF WORK: Provide paleontological mitigation work during the development of the La Costa Greens project. The San Diego Natural History Museum will: 1. PROVIDE the necessary qualified personnel, equipment and materials to conduct paleontological monitoring during grading for the Greens Project. The project director will be Dr. Thomas Demere, Department of Paleontological Services, San Diego Natural History Museum. 2. SALVAGE significant fossil remains, as they are uncovered. 3. CARRY OUT a limited screenwashing program (where necessary) to recover microfossil remains. 4. DOCUMENT the stratigraphic and geologic context of salvaged fossil remains. 5. WEAR red vests and hard hats at all times during fieldwork. 6. PROVIDE a certificate of liability insurance in the amount of $2,000,000. 7. TRANSPORT all fossil material collected on the Project to the San Diego Natural History Museum. 8. CARRY OUT initial preparation, sorting and identification of collected fossil material. Page 12 of 18 9. CATALOG & STORE all collected and prepared fossil material. 10. ATTEND required meetings (including pre-construction meetings) or conferences concerning the Project. 11. PREPARE a final report summarizing the results of the mitigation program. This report will include a discussion of the methods employed, fossils recovered, geologic context of fossil remains and significance of mitigation program. 12. COMPLETE the project in a timely manner. Morrow will: 1. PROVIDE necessary permission and access to the property. 2. PROVIDE base maps of subject property suitable for field locating of fossil finds and for the final report. 3. DONATE catalogued fossils to the San Diego Natural History Museum. BUDGET The cost of the mitigation program described above shall not exceed $96,192.00 for time and materials. $51,200.00 Field Time • Monitoring at $40.00/hour • 1 person full-time ($320/day X 160) $51,200.0! • Salvage at $40.00/hour • 1 person as needed ($320/day X 15) $4,800.00 • Field Supervision at $55.00/hour • 1 person as needed ($110/week X 32) $3,520.00 • Screenwashing at $40.00/hour • 1 person as needed ($320/day X 12) $3.840.00 SUBTOTAL FIELD $63,360.00 Preparation & Curation • Fossil Preparation at $40.00/hour • 1 person as needed ($320/day X 50) $16,000.00 • Storage at $90.00 cu. ft. • As needed (10cu. ft.) $900.00 • Fossil Curation at $40.00/hour • 1 person as needed ($320/day X 15) $4.800.00 SUBTOTAL PREPARATION & CURATION $21,700.00 Page 13 of 18 Final Report Preparation • Report Preparation at $65.00/hour • 1 person full time at $520.00/day X 3) $1,560.00 • Report Preparation at $55.00/hour • 1 person full time at $440.00/day X 5) $2.200.00 SUBTOTAL $3,760.00 Project Management » Project Management $65.00/hour • 1 person part time ($65.00/week X 40) $2,600.00 Mileage • 13,662 miles (66 miles X 207 days) at $0.32/mile. $4,372.00 Supplies $400.00 TOTAL $96,192.00 ASSUMPTIONS The above figures are based on an estimated excavation schedule of 160 days of rough grading (8 months X 20 days). The field time has been broken down into monitoring and salvage. Monitoring involves looking for unearthed fossils, while salvage involves recovery of fossils. Often these two activities coincide. Occasionally, however, a specimen will require a more extended salvage and the assistance of an additional field person (estimated here at fifteen (15) days). Screenwashing is included as a separate salvage activity as it involves processing of selected sedimentary matrix samples for the recovery of small and sometimes microscopic remains (e.g., small mammal teeth). Assuming that six (6) microfossil sites will be discovered and that 1,000 pounds of matrix will be processed at each site at a rate of 500 pounds/day, it is estimated that twelve (12) days of screenwashing will be required. The preparation portion of the proposal is designed to complete the mitigation program. Getting the fossils out of the ground is only the first step. They then have to be removed from their enclosing rock matrix and stabilized so that they can be placed into a scientific institution for permanent storage and/or display. Previous mitigation projects have shown that, on average, preparation time equals approximately 30-35% of monitoring time. Cataloging and storage represents the final phases of mitigation and result in the production of a specimen inventory of recovered fossils and permanent storage of the collection at the Museum. The uncertainty of fossil salvage should be stressed, since even with careful planning the true significance of a site cannot be known until after the grading is well underway. It is in this spirit of uncertainty that the not-to-exceed figure is proposed. In some cases, Page 14 of 18 as the cuts open up, it may be determined that full-time monitoring is unwarranted due to a lack of unearthed fossil material. In these instances the monitoring time will be cut back accordingly. Salvage and preparation activities are also tied to fossil productivity (no fossils, no salvage or preparation) and as such, the amount of time spent on these tasks will vary from project to project. UNIQUE FIND In the event that grading activities turn up an exceptionally "rich" fossil discovery (such as a complete large mammal skeleton), the above described monitoring and salvage program may have to be supplemented. This would occur if the salvage and preparation of such a unique find would expend more than five (5) percent ($4,800) of the proposed budget. As the nature of this contract is straight time and materials, any supplemental billing will be at the same rates as given above. Consultant's Initial Company's Initi Page 15 of 18 EXHIBIT "B" REQUEST FOR PAYMENT CONTRACT NO. 457 JOB NUMBER/DESCRIPTION: 71-21 /Greens Phase 1 Grading CONSULTANT: San Diego Natural History Museum P.O. Box 121390 San Diego, CA 92112-1390 The undersigned Consultant hereby requests payment pursuant to the invoice attached showing the personnel, time, and rate for each of the work tasks described in the Scope of Work: Invoice Number: Date: Invoice Period: Consultant's Approval: Initial Contract Amount: Addendums to Date: TOTAL Contract Amount: Percent Complete: $96.192.00 $ 0.00 $96.192.00 See Attached Spreadsheet Please submit to:Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 Page 16 of 18 San Diego Natural History Museum Contract Number 457 6/18/02 WORK DESCRIPTION PALEONTOLOGIST (71-21/20-2220) FIELD TIME PREPARATION & DURATION FINAL REPORT PREPARATION PROJECT MANAGEMENT MILEAGE SUPPLIES TOTAL-CONTRACT #457 REIMBURSABLES 71-26/90-9140 TOTAL-REIMBURSABLES TOTAL THIS INVOICE CONTRACT AMOUNT 63,360.00 21,700.00 3,760.00 2,600.00 4,372.00 400.00 96,192.00 N/A N/A PREVIOUS AMOUNT BILLED 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT DUE THIS PERIOD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Complete: TOTAL BILLED TO DATE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0% CONTRACT REMAINING 63,360.00 21,700.00 3,760.00 2,600.00 4,372.00 400.00 96,192.00 N/A N/A Page 1 of 1 EXHIBIT "B-1" CERTIFICATION OF THE CONSULTANT I HEREBY CERTIFY that the work performed and the materials supplied, if any to date, as shown on the accompanying Request for Payment dated , represent the actual value of the accomplishment under the terms of the Contract (and all authorized changes thereto) between the undersigned and Company in connection with the above referenced project. I also certify that all payments current for, (i) all materials, equipment and labor used in, or in connection with, the performance of the Contract, and (ii) all laborers and other personnel employed directly by me and performing work on the project through the periods covered by prior invoices paid by the Company. I further certify that to the best of my knowledge I have complied with performing work on the project. I further certify that to the best of my knowledge I have complied with federal, state and local tax laws, including social security laws and unemployment compensation laws and worker's compensation laws insofar as applicable to the performance of the Agreement. I further certify that the amount received under this payment request will be applied to discharge all labor, labor trust funds material and subcontract obligations applicable to this project and up to date thereof. The labor, equipment or materials (or any of them) covered by this Request for Payment have been furnished and performed as called for by the Agreement. All material suppliers to, and laborers for the undersigned, have been paid in full for the goods or services included within the Request for Payment or will be paid with the proceeds of any disbursement made pursuant to this Request for Payment, which disbursement will be received in trust for that purpose. Undersigned shall hold harmless Company, Morrow and the Project from any cost, expense (including attorney's fees) or liability arising out of the breach of the above Certification. ENDORSEMENT OF LIEN RELEASE To induce Company to make the Payment requested above, pursuant to: Contract No.:457 Invoice No.: the undersigned agrees and certifies as follows: (a) Any payment issued on the basis of this Request for Payment shall constitute payment in full to the extent set forth in the attached Request for Payment. (b) Any and all mechanic's liens, stop notices and other rights and remedies under the Mechanic's Lien Law of the State of California and related similar laws, are hereby released and waived to the extent of the Request for Payment. (c) Lien releases shall be in the form required by Civil Code § 3262. (d) The above waivers and releases are conditional and shall be effective upon receipt of the payment requested herein. Executed this day of , . Name of Consultant: San Diego Natural History Museum By: (Its Duly Authorized Agent) Page 17 of 18 Consultant: Contract Number: EXHIBIT "C" LETTER OF AUTHORIZATION San Diego Natural History Museum 457 This letter constitutes Authorization under the above-referenced Contract. All services performed under this Authorization shall be in accordance with the terms and conditions of such Contract. The Scope of Work to be done under this Authorization is as outlined in Exhibit "A". The maximum authorized for the services under this Authorization is $96,192.00. This amount is not to be exceeded without prior written consent of Company, reimbursable expenses shall be limited to reproduction, blueprinting, overnight mail and messenger service. All permitted reimbursable expenses shall be billed at actual cost plus a ten percent administrative charge. Each invoice will be accompanied by applicable receipts and documentation for reimbursables. Each invoice must include Exhibits "B" and "B-1", both completely filled out, including Description of Work or services performed, total amount authorized hereunder, amount of time spent, name of person/s who provided the Work and services described, and percent complete. Insurance Policies shall name Morrow Development, Inc. and Real Estate Collateral Management Company, and their respective Affiliates (shareholders, directors, agents, members and employees) as Additional Insureds: If to Morrow: Morrow Development, Inc. Attn: Fred Arbuckle 1903 Wright Place, Suite 180 Carlsbad, CA 92008 If to Company: Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 If this Authorization is acceptable to you, please indicate your acceptance by signing both copies and returning one copy to this office. COMPANY REAL ESTATE COLLATERAL MANAGEMENT COMPAN&-9 Delawace Corporation By: Its: CONSULTANT San Diego Natural History Museum MO By: Its: DEVELOPMENT, INC. 'Fre>Mr-Arbuckle President Page 18 of 18 TRANSMITTAL D TO: ATTN: FROM: RE: E V E L 0 City of Carlsbad Don Neu Tim O'Grady MM&RP 4.9-1 P M E N T PHONE: FAX: DATE: NO OF PAGES: (760) 602-4612 (760) 602-8559 July 9, 2002 3 0 URGENT 0 PLEASE REPLY 0 FOR REVIEW AND COMMENTS X FOR YOUR INFORMATION 0 PHOTOCOPY 0 AS REQUESTED NOTES: Enclosed please find the Villages of La Costa Travel Demand Management Plan for Construction Traffic prepared by Linscott, Law & Greenspan. This management plan is intended to satisfy Condition 4.9-1 of the Mitigation, Monitoring and Reporting Program. Bryan Bennett of Jack Henthorn & Associates will be coordinating with you to obtain your initials on the conditions of approval matrix. C. Bryan Bennett 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Phone: 760 929-2701 Fax: 760 929-2705 :L:(NSCOTTil ;LAW:-&:-;lt GREENSR\N ENGINEERS VILLAGES OF LA COSTA TRAVEL DEMAND MANAGEMENT PLAN FOR CONSTRUCTION TRAFFIC CARLSBAD, CALIFORNIA INTRODUCTION The following Travel Demand Management (TDM) plan for construction traffic has been prepared to maximize the people-moving capability of the transportation system by either increasing the number of persons in a vehicle, or by influencing the time of, or need to, travel. To accomplish these types of changes, TDM programs rely on incentives or disincentives to make these shifts in behavior attractive. An alternative to individual choice can be achieved by employer's requirements. GOAL The primary goal of this plan is to reduce the number of vehicles using the roadway system while providing a wide variety of mobility options to those who wish to travel. The objective is to increase the vehicle occupancy rate to 1.5 people per vehicle. TDM PLAN A TDM plan can be implemented through one or more of the following choices: 1. Meeting off-site to vanpool on-site 2. Utilizing a rideshare match list 3. Providing on-site food services 4. Sharing a common errand person 5. Having off-peak work schedules 6. Using assigned routes Meeting at an off-site location, such as a contractor's office, and then vanpooling to the work site will increase the vehicle occupancy rate. This will also help is reducing the on- site parking demand, which can also interfere with heavy machinery. Having a rideshare match list will provide the workers with the information necessary to carpool. By providing on-site food services, off-site trips can be reduced or eliminated during the lunch hour. LiNSCOTf!Lm^&iiii GREENSFffil ENGINEERS Having a common person or a single contractor combining off-site errands will reduce the overall number of trips originating from the construction site. Typically, construction work starts and ends at different peak periods as compared to the commuter peak periods. However, other construction traffic such as deliveries anticipated during the commuter peak periods could be shifted when possible. Lastly, as multiple routes are typically available to reach construction sites, requests can be made to follow specific routes that are less congested and or to avoid community sensitive routes. STRATEGIES To implement a TDM plan, incentives, disincentives or obligations are necessary. Examples of TDM strategies include: 1. Providing financial/time incentives 2. Imposing financial/time disincentives 3. Including a contractual obligation Financial incentives can vary widely; however, with the primary goal would be to create enough of a monetary incentive that worker would follow a TDM plan. Time incentives could vary from reducing the workday to shifting the start and end times of the workday. Disincentives ar e bas ically t he o pposite o f t he inc entives I isted abo ve, which may include penalties for not following start/end times or for not carpooling. All construction contracts shall contain an obligation that contractors use their best efforts to implement a TDM plan as outlined in this report. RECOMMENDATIONS It is recommended that this TDM plan be disseminated to all contractors to the Villages of La Costa project. San Diego Gas & Electric PO Box 129831 San Diego, CA 92112-9831 Sempra Energy" company July 25, 2002 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Don Neu. Project Planner Subject Property: Villages of La Costa: The Greens Phase I - Carlsbad Tract 99-03 Dear Mr. Neu: SDG&E has reviewed and commented on the grading and improvement plans for the above referenced project and is currently working with the Developer and his agents to eliminate negative impacts to SDG&E's Electric Transmission easement. While this is not a Permission to Grade letter for any work to be performed within the SDG&E Transmission easement, SDG&E does not have a conflict with Morrow Development beginning to grade other areas of the project providing the following requirements are adhered to: 1) 24-hour vehicular access to all SDG&E facilities shall be maintained. 2) At no time shall any vehicles, materials or soils be placed or stored within SDG&E's Transmission easement. 3) The edges of the SDG&E Transmission easement shall be staked and flagged by a surveyor at 100' intervals. Per my letter dated July 10, 2001, SDG&E will issue a "Permission to Grade" letter to Morrow Development once all negative impacts to our easement have been eliminated. Should you have any questions, please call me at (858) 654-1201. Sincerely, Michael J. Williams Land Management Representative cc: Tim O'Grady, Morrow Development City of Carlsbad Planning Department August 8, 2002 Tim Carroll O'Day Consultants 5900 Pasteur Court Carlsbad, CA 92008-7317 SUBJECT: STREET NAME APPROVALS FOR CT 99-03 - LA COSTA GREENS The following street names have been approved for use in the above-listed subdivision; however, the items listed below must be submitted prior to Planning Department approval of the final map. These names should be included on the final map and all improvement plans. A. Dove Lane (existing) B. Estrella De Mar Road (existing) C. Lapis Road D. Amber Lane E. Quartz Way F. Geode Lane H. Goldstone Road I. Galena Avenue J. Tigereye Place K. Jade Lane L. Lapis Road (see street C) M. Alicante Road (existing) N. Poinsettia Lane (existing) In addition, please submit the following items to this office: 1. Street name list; 2. 400 scale mylar delineating street locations and hydrant locations with at least two existing streets and/or intersections shown on the map; and 3. Vicinity map. Please call me at (760) 602-4625, if you have any questions. Sincerely, Brandon Nichols Planning Technician BN:jt' 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us July 16, 2002 TO: BOBBIE HODER, PLANNING DEPARTMENT PLANNING DEPARTMENT - GRAPHICS TRAFFIC ENGINEER RAENETTE ABBEY, BUILDING DEPARTMENT STEVE RUGGLES, STATION #3 FIRE DEPARTMENT GREG WOODS, PUBLIC WORKS - OAK ST OFFICE LORI ALLEN, POLICE DEPARTMENT KARL VON SCHLIEDER - GIS FROM: Planning Director STREET NAMES FOR: CT 99-03, LA COSTA GREENS The following street names have been submitted for approval as a part of the final map processing for CT 99-03. Please submit any comments to Brandon Nichols as soon as possible. A map delineating street locations is attached. As Shown On Map Public Streets (first choice): Public Streets (alternatives): A Dove Lane (existing) Tanzanite B Estrella De Mar Road (existing) Onyx C Lapis Circle D Amber Lane E Quartz Way F Geode Lane H Goldstone Road I Galena Avenue J Tigereye Place K Jade Lane L Lapis Circle (see street C) M Alicante Road (existing) N Poinsettia Lane (existing) Attachment BN:cs H:\Admin\Streetsl \ ! SHEET 1 OF 2 SHEET: REVISED 5-21-2002 CONSULT A/N T S «ur Court Suite 100 920O8 760-9J1-7700 Fo*: 760-9J1-B680.odoyconsuUonls.com STREET NAMES LA COSTA GREENS C.T. 99-03 &\JQBS\97)05709\7STRNA>(.DV& 5-JI-SOOe IIO1-I5 on PST , RECEIVED APR 02 1999 US Fish & Wildlife Service Carlsbad Field Office 2730 Loker Avenue, West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-5902 + 9618 March 30, 1999 CA Dept. of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 (619)467-4201 5 AX (619) 467-423 5 Mr. Fred M. Arbuckle Villages of La Costa P.O. Box 9000-683 Carlsbad, CA 92108-9000 Villages of La Costa Off-site Land Acquisitions Dear Mr. Arbuckle: This letter is sent in response to your letter of March 15, 1999 requesting concurrence from the California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), (collectively, the Wildlife Agencies), that Real Estate Collateral Management, Inc.'s (RECM) proposed land acquisitions totaling 227 acres, when completed, will fulfill all of the financial obligations set forth in the Villages of La Costa's (Fieldstone) Habitat Conservation Plan (HCP). You are also seeking our agreement that the two properties you currently have in escrow meet the biological requirements for off-site compensation lands required by the HCP. Our responses below follow in the same order as the issues listed in your letter. 1. Proposed Acquisition properties. Staff from the Wildlife Agencies have visited the two properties proposed for acquisition by RECM and concur that these parcels are biologically of very high quality, both because of on-site biological resources and their key locations within the regional habitat planning programs. These properties will contribute significantly toward building the Multiple Habitat Conservation Program (MHCP) biological core area within the County and in establishing a critical habitat linkage between coastal north County and the biological core area in the Lake Hodges region. With this 227-acre acquisition, and the 12 acres vof additional on-site habitat conservation and the 12 acres of on- site modifications, RECM fulfills all of its off-site land acquisition obligations under the HCP. 2. Financial Obligations. The HCP Implementing Agreement (IA) requires RECM to contribute $1 million, as adjusted for the inflation, toward off-site land acquisition. In addition, $150,000 would be contributed to the City of Carlsbad (City) for completion of the City's Habitat Management Plan (HMP), and another Mr. Fred M Arbuckle March 30, 1999 Page 2 $50,000 contributed for research on the California gnatcatcher. RECM is seeking to use all of these funds for land acquisition. The Wildlife Agencies concur that the approximately $1 million (currently $1,050,000) and $150,000 allocations may be used for land acquisition, if the City concurs. However, we believe that the $50,000 allocation to be used for gnatcatcher research must still be used for research. Changing the allocation of funds from gnatcatcher research to land acquisition, as you request, may require an amendment to the HCP. We recommend leaving that allocation as originally detailed in the HCP and IA for gnatcatcher monitoring and dispersal studies in the MHCP core and corridors. The use of the $500,000 mitigation monies from the Rancho Carrillo project are not available for use by RECM to meet the off-site mitigation obligations of the HCP. Mitigation for one project cannot be used to meet the obligations of another. Our agreement with the City regarding the Rancho Carillo project requires the City to secure a minimum of 16 acres of habitat land within the MHCP core area with the $500,000 fund. In your letter you seek our concurrence that with the proposed land acquisitions "RECM will have completely satisfied all of its financial requirements as set forth in the IA." As mentioned previously, the proposed acquisitions would meet all HCP obligations regarding off-site land acquisition. However, other obligations relating to maintenance of on-site and off-site lands, any on-site revegetation costs, wetlands mitigation, etc. are not fulfilled with the proposed acquisitions. IA Section V.D.2.a. states: " ...Fieldstone shall have no fbrther obligation to incur or pay any costs or expenses with respect to the Conserved Habitat and/or Offsite Mitigation Parcel, provided that, and subject to the approval of FWS, a source of funding has been established that will provide permanent funding in the amount of the aggregate of the costs set forth in the Budget." The Villages of La Costa project is financially responsible for maintaining the conserved lands associated with the project until a long-term funding source is established for this purpose Again, in IA Section V.D.2.a. it states: "Upon conveyance of fee title and establishing a long-term source of funding acceptable to FWS for the permanent maintenance of the Conserved Habitat and Offsite Mitigation Parcel... Fieldstone shall thereupon and without further action of the Parties be released from its obligations under the Agreement with respect to further maintenance of the Conserve Habitat and Mitigation parcel." The Wildlife Agencies are unaware of any long-term funding source that has been secured for this project. 3. Reimbursement to RECM. The Wildlife Agencies understand that the RECM acquisition of 227 acres costs more than the financial obligations for the project set forth in the I A. However, we view the issue of reimbursement as one between the City and RECM, and not one that directly involves the Wildlife Agencies. We will review any reimbursement mechanism the City incorporates into its HMP to ensure Mr. Fred M Arbuckle March 30, 1999 Page 3 that it meets State and Federal standards for implementation of Section 10 of the ESA and NCCP. Should the HMP not go forward, the Wildlife Agencies will seek to assist RECM in obtaining compensation for lands purchased in excess of the HCP obligation. 4. Clearing and Grubbing of the Villages of La Costa Site. The conditions of Wildlife Agencies' concurrence with clearing and grubbing of habitat lands on the Villages of La Costa are detailed in the HCP and LA. The following issues need confirmation or completion before we can concur with habitat removal: i) offer to convey on-site and off-site conserved lands to a third party acceptable to RECM, the City, and the Wildlife Agencies; ii) confirmation that an acceptable third party is willing to accept fee title to the conserved lands; iii) offer of conveyance of a conservation easement to the State of California acceptable in form to the Wildlife Agencies; iv) securing of a long-term funding source for maintenance and management of conserved lands; and v) the completion of items listed in the I A, Section V.5.C - including fencing the boundary of the on-site conserved lands, pre- construction surveys to locate gnatcatcher nest sites, etc. Once confirmation has been given to us that these requirements have been fulfilled, we will concur with habitat removal, 5. The Wildlife Agencies acknowledge that the terms and conditions of the Villages of La Costa HCP and IA are valid and remain in full force and effect. If you have any questions regarding this letter please contact Bill Tippets (Department) at (619) 467-4212 or Sherry Barrett (Service) at (760) 431-9440). Sincerely, Ronald D. Rempel Ken S. Berg Deputy Director Field Supervisor Department of Fish and Game U.S. Fish and Wildlife Service cc: Department of Fish and Game C. F. Raysbrook Bill Tippets David Lawhead San Diego Mr. Fred M Arbuckle March 30, 1999 Page 4 U.S. Fish and Wildlife Service Sherry Barrett Nancy Gilbert Michael McCollum McCollum Associates Michael HoltzmiUer Planning Department City of Carlsbad FILE:Chron FIELDSTONELANDS.DNL c itv of Carlsbad Office of the City Manager March 17, 1999 Fred Arbuckle President, Morrow Development Villages of La Costa PO Box 9000-685 Carlsbad, CA 92018-9000 Dear Fred: Thank you for your letter of March 11,1999, in which you list the assurances which are needed from City staff in order to finalize the offsite acquisitions in the unincorporated area southeast of Carlsbad. These acquisitions are being made in support of the HMP program and to fulfill obligations of Villages of La Costa HCP. As stated in your letter, staff cannot obligate the City Council but given our understanding and present knowledge of the status of the HMP, staff is prepared to make recommendations to the Council as outlined below: 1. Based upon studies prepared to date, field trips to the sites and discussions with the wildlife agencies, staff believes the two properties constitute suitable mitigation for purposes of the HCP and in support of the HMP program. Of particular importance to the City and a further basis for our support, is the fact that five or more gnatcatcher pairs have been identified on the most southerly parcel. This is needed for mitigation for the City's municipal golf course which is an integral part of the HMP program. 2. Staff supports use of the $1 million obligation of the HCP by the Bank of America (RECM), as adjusted by the CPI, for acquisition of the two properties in the unincorporated core area. Staff also supports use of the $200,000 additional HCP obligation. However, the wildlife agencies have indicated that they do not support using the $50,000 of the $200,000 which is to be used for gnatcatcher studies to fund acquisition costs. Although staff agrees that utilization of these funds constitutes the full financial obligation for offsite acquisition by Bank of America under the terms of the HCP, use of the $50,000 restricted to use on gnatcatcher studies is subject to wildlife agency approval. 3. Staff recognizes that the acquisition of the offsite properties in the unincorporated area exceed the amount that Bank of America (RECM) is obligated to fund. Staff will need to review the escrow documents to verify the exact amount of the excess funding. Please provide the documents to us as soon as they are available. Once the amount is verified, staff agrees to propose a funding mechanism to reimburse Bank of America for any excess funds and any presently unfunded portion of the acquisition costs. As you are aware, the HMP program presently proposes the need to acquire a total of 296 acres of habitat land in the unincorporated core area. Besides the two properties presently in escrow (227 acres) and the 12 acres of additional onsite conservation in the Villages of La Costa which are being accepted by the wildlife agencies in meeting the HCP offsite acquisition requirements, an additional 57 offsite acres need to be acquired. 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2821 • FAX (760) 720-9461 Fred Arbuckle March 17, 1999 Page 2 The funding sources as presently proposed include the following: • HCP $1 million obligation by Bank of America (RECM) • HCP $150,000 obligation by Bank of America • Rancho Carrillo Mitigation Funds (In excess of the acquisition of 16 acres) • Upfront funding by Bank of America ($2,250,000) to be reimbursed • Municipal Golf Course Mitigation (40 acres) • Habitat Take Permit Fee It should be noted that the Habitat Take Permit Fee is just one possible alternative that is being reviewed by staff to assist in the acquisition need. Other alternatives are available including establishing the two properties being acquired by Bank of America as a mitigation bank and requiring development in Carlsbad which impacts habitat to purchase credits at the two properties. Regardless of the final funding mechanism proposed to and approved by the Council, staff agrees that Bank of America should be reimbursed for costs in excess of its obligation as described in the HCP. 4. Staff understands that according to the HCP and its Implementing Agreement the two properties will ultimately be held and maintained by a third party and the City supports this course of action. It should be noted that the Implementation Agreement requires that before a third party takes over the properties, the party and the mechanism for funding long-term maintenance must be agreed to and approved by U.S.F.W.S. We also understand that all of the onsite habitat conservation lands within the Villages of La Costa will be handled in a similar manner. 5. The City staff has reviewed the RECM reimbursement costs associated with Rancho Santa Fe Road and the Rancho Santa Fe Road habitat mitigation requirements. Based on the information available at this time, these reimbursements are expected to total between $2 million to $3 million. The final determination is pending agreement on the mitigation requirements for Rancho Santa Fe Road. 6. Staff agrees to recommend to the City Council that the Villages of La Costa be designated as a "priority project". The priority designation would apply to the Master Plan and associated applications now being processed as well as subsequent tentative maps as long as the applications are being processed by Bank of America, "RECM" or Morrow Development. The priority designation would not be recommended if a subsequent application is processed by a new owner or a merchant developer, subdivider or builder. Priority processing includes allocating the necessary staff resources to process the application in an expeditious manner and, if subsequent revisions or additional information is required by staff, giving it a priority status rather than waiting until other pending reviews are completed. One of the additional considerations for staff support in designating the Villages of La Costa as a priority project is getting Poinsettia Lane completed as soon as possible. The construction of this east/west connector is a high priority for the City. We request your cooperation in getting Poinsettia Lane constructed in the very near future. 7. Staff agrees to process a permit to allow the clearing and grubbing of the approved, onsite impact areas within the Villages of La Costa contingent upon these areas being farmed or Fred Arbuckle March 17, 1999 Page 3 otherwise vegetated with appropriate landscaping. This contingency is based on our concern over stability and erosion of these areas and minimization of visual impacts. It is my hope that the above responses provide you and the bank with the level of comfort that you need to proceed with the acquisitions. If you have any questions regarding these responses, feel free to contact me, Marty Orenyak or Jim Elliott as appropriate. Thank you for your cooperation and assistance in moving the HMP program and the HCP Implementation Agreement forward. Sincerely, RAYMOND R. PATCHETT City Manager c: City Attorney Administrative Services Director Community Development Director Planning Director