HomeMy WebLinkAboutCT 99-04; Villages of La Costa Oaks & Ridge; Tentative Map (CT) (15)REAL ESTATE COLLATERAL MANAGEMENT
CONSULTING SERVICES AGREEMENT
RECM/Morrow
Consultant: Helix Environmental Planning, Inc., Inc.
Contract No: 916
This Consulting Services Agreement (the "Agreement") is made and entered into
this 13th day of January, 2006, by and between REAL ESTATE COLLATERAL
MANAGEMENT COMPANY, a Delaware corporation (hereinafter called "Company")
and Helix Environmental Planning, Inc. , Inc. (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
•IQII ("AUthorjzatjorr) 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.
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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
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the Documents it has prepared in connection with this Agreement on any other project
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
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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
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
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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,
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 Professional Liability Insurance, the limits of which shall not be less than
$1,000,000 per claim and in the aggregate with supplementary coverage for Contractual
Liability to cover any liability assumed under this Agreement which is otherwise
insurable under such Professional Liability Insurance.
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
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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
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.
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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
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
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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,
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.
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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
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
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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
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]
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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
HELIX ENVIRONMENTAL
PLANNING, INC.
COMPANY
REAL ESTATE COLLATERAL
MANAGEMENT COMPANY, a
Delaware corporation
7578 El Cajon Blvd., Ste. 200
La Mesa, CA 91941-6476
APPROVED:
MORROW DEVELOPMENT, INC.
By:
Its:
By:
Its:
Fred M. Arbuckle
President
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EXHIBIT "A"
SCOPE OF WORK
Consultant: Helix Environmental Planning, Inc.
Contract No.:916
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: Oaks North Grading
Biologist
SCOPE OF WORK:
Provide biological monitoring services for the development of Neighborhoods 3.1-3.7 in
the La Costa Oaks North project. A detailed scope of services is as follows:
Task 1: Preconstruction Raptor Survey
Consultant will conduct a survey of the site and vicinity for raptor nests prior to
construction (MMRP No. 4.4-24A). If active raptor nests are present that could
be impacted by grading and construction activities, Morrow will be advised that
construction activities should occur no closer than 200 feet from the nest
(MMRP No. 4.4-24B) until the young have fledged. A letter of the survey
results will be provided to Morrow.
Task 2: Construction Monitoring
Consultant will provide construction monitoring required by the projects TM and
MMRP. The following tasks will be included in the construction monitoring:
a. Attend the first preconstruction meeting.
b. Supervise the placement of orange construction fencing (or equivalent)
along the approved limits of disturbance within and surrounding sensitive
habitats (MMRP No. 4.4-22A).
c. Assure that all construction activities and staging areas are restricted to
the approved development area.
d. Monitor all construction activities (as needed) to ensure that construction
activities do not encroach into biologically sensitive areas beyond the
approved limits of disturbance.
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e. Supervise the placement of gravel bags, straw logs, silt fences or
equivalent erosion control measures adjacent to all graded areas and
identify locations where trench spoil may be stockpiled to prevent
sedimentation of the habitat. A biologist will be on site during perimeter
silt fencing to capture and remove snakes (TM No. 32).
f. Oversee implementation of Best Management Practices to prevent any
significant sediment transport.
g. Verify that the areas outside the established limits of disturbance remain
free of trash, parking and other construction-related activities.
For cost estimate purposes, a total of sixty (60) site visits (six hours each) for
biological construction monitoring have been assumed.
Assumptions and Additional Limitations on Scope of Services
• It is assumed Morrow will provide Consultant with current digital baseline data for
producing maps and graphics. Digital data should be submitted in one of the
following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .eOO (Arclnfo export
coverages) or .shp (ArcView shapefiles). The digital data may be sent to
Consultant via email attachments, FTP programs or on hardware such as zip-
disks or CD-ROM.
• Costs associated with additional meetings, other focused species surveys, permit
preparation and processing, CEQA processing and/or technical studies and
reports ("additional work") not identified above and are not included within the
scope of services required of Consultant under this Agreement.
Schedule
Consultant will work with Morrow in a timely and professional manner in accordance
with the terms and conditions of this Agreement.
Cost Estimate and Payment Procedure
Agreement is budgeted with a not-to-exceed (NTE) budget of $35,100 (thirty five
thousand one hundred dollars and zero cents). All work shall be invoiced on a time and
materials basis per the schedule of fees listed below.
Task
Number
1
2
Task Name
Preconstruction Raptor Survey
Construction Monitoring
TOTAL
Cost
$ 1,100
$34,000
$35,100
Page 13 of 17
Schedule of Fees
Consulting Services
Consulting services performed by Consultant typically include, but are not necessarily
limited to, office, field, meetings, hearings and travel time. Consulting services for
expert witness review, deposition and/or testimony will be provided at one and one half
times the professional rates listed below.
Direct Costs
Certain identifiable direct costs will be charged to the project at cost plus ten (10%)
percent. Examples of direct costs include sub-consultants, vehicle or equivalent rentals,
airplane and train fares, parking, per diem and lodging, mileage, communications,
reproduction and supplies. A 4-wheel drive premium will be charged at $25 per project
day. Facsimile transmissions will be charged at $1.00 per page sent and received.
There will be additional charges for plotting, color printing, aerial photographs and GPS
services.
Professional Rates
Principal
Senior Project Manager
Environmental Specialist l-lll
Project Manager
Environmental Planner l-lll
Environmental Analyst
Senior Scientist
Biologist I-V
Regulatory Compliance Coordinator
Permit Specialist l-ll
Biological Technician
Senior Landscape Architect
Project Landscape Architect
Assistant Landscape Architect
CIS Specialist
CIS Technician
Graphics Coordinator
Production Manager
Technical Editor
Operations Manager
Word Processor l-lll
Clerical
$150.00-185.00
$120.00-150.00
$85.00-130.00
$85.00-110.00
$60.00-80.00
$50.00
L $110.00-150.00
$55.00-100.00
$95.00
$55.00-75.00
$45.00
$125.00-145.00
$65.00
$55.00
$55.00-85.00
$45.00
$80.00
$80.00
$60.00-90.00
$75.00
$55.00-65.00
$35.00
Consultant
Company's Initial
:'s Initial Tn
Page 14 of 17
EXHIBIT "B"
REQUEST FOR PAYMENT
CONTRACT NO. 916
JOB NUMBER/DESCRIPTION: 81-51 /Oaks North Grading
CONSULTANT: Helix Environmental Planning, Inc.
7578 El Cajon Blvd., Ste. 200
La Mesa, CA 91941-6476
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: Initial Contract Amount: $35.100.00
Date: Addendums to Date: $ 0.00
Invoice Period: TOTAL Contract Amount: $35.100.00
Consultant's Approval: Percent Complete: %
Please see attached payment schedule
Please submit to: Real Estate Collateral Management Company
c/o Morrow Development, Inc.
1903 Wright Place, Suite 180
Carlsbad, CA 92008
Page 15 of 17
HELIX 916 1/16/2006
WORK DESCRIPTION
OAKS NORTH GRADING (81-51)
BIOLOGIST (20-2190)
PRE-CONSTRUCTION RAPTOR SURVEY
CONSTRUCTION MONITORING
TOTAL-CONTRACT 911
REIMBURSABLES (81-56/90-9140)
TOTAL-REIMBURSABLES
TOTAL THIS INVOICE
CONTRACT
AMOUNT
$1,100.00
$34,000.00
$35,100.00
N/A
N/A
PREVIOUS
AMOUNT
BILLED
$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
TOTAL
BILLED
TO DATE
$0.00
$0.00
$0.00
$0.00
$0.00
Complete:
CONTRACT
REMAINING
$1,100.00
$34,000.00
$35,100.00
N/A
N/A
$0.00
Helix-916
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.:916 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: Helix Environmental Planning, Inc.
By:
(Its Duly Authorized Agent)
Page 16 of 17
EXHIBIT "C"
LETTER OF AUTHORIZATION
Consultant: Helix Environmental Planning, Inc.
Contract Number: 916
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 $35,100.00. 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: If to Company:
Morrow Development, Inc. Real Estate Collateral Management Company
Attn: Fred Arbuckle c/o Morrow Development, Inc.
1903 Wright Place, Suite 180 1903 Wright Place, Suite 180
Carlsbad, CA 92008 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 CONSULTANT
REAL ESTATE COLLATERAL MANAGEMENT Helix Environmental Planning, Inc.
COMPANY, a Delaware Corporation
By:.
Its:
APPROVED:
MORROW DEVELOPMENT, INC.
By:
Fred M. Arbuckle
Its: President
Page 17 of 17
r
SAN DIEGO NATURAL HISTORY MUSEUM
BALBOA PARK - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874
7 July 1999
Ms. Sarah Patterson
Morrow Development
P.O. Box 9000-685
Carlsbad, CA 92018-9000
RE: Paleontological Resources: La Costa Greens, La Costa Ridge, La Costa Oaks
Dear Sarah:
This letter report summarizes the results of my paleontological resource
assessment of the above referenced project sites. The report is based upon a review of
existing published and unpublished geological literature (Weber, 1963; Wilson, 1972;
Eisenberg and Abbott, 1985), a review of museum paleontological records (San Diego
Natural History Museum), and a walkover of the project site (6 July 1999) to field check
the results of the literature and record reviews. Separate discussions are provided below
for the three different projects.
La Costa Greens - The La Costa Greens project site is located east of El Camino
Real, north of Alga Road, and south of Palomar Airport Drive. The project site occupies
a broad alluvial valley with dissected mesa lands forming the western slopes and steeper
volcanic foothills forming the eastern slopes. Bedrock exposures are limited because of
existing improvements (a portion of the La Costa Golf Course occupies the valley floor),
prior agricultural use, and native vegetative cover. The highest point on the project site
(approximately elevation 420 feet) is located in the southeast comer adjacent to existing
residential development. The lowest point (approximately elevation 80 feet) is located
on the valley floor adjacent to Alga Road.
According to existing geological reports the geology of the site consists of early
Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics)
and middle Eocene-aged (42-48 million years old) claystones and sandstones (Delmar
Formation, Torrey Sandstone, Friars Formation, Scripps Formation).
The Cretaceous metavolcanic rocks are confined to the southeastern portion of the
project site. During the field walkover, exposures of these rocks were seen to consist of
well indurated volcanic breccia. No fossils were observed in the limited bedrock
exposures Cretaceous rocks and no previous fossil collecting localities are recorded for
the project site. In addition, because of their "fiery" origin, these volcanic breccias are
typically unfossiliferous.
Except for the Holocene alluvium on the valley floor, the remainder of the project
site is underlain by Eocene sedimentary rocks. During the field walkover, exposures of
these rocks were seen to consist of interbedded layers of green claystone, light yellow
fine-grained sandstone, and light gray coarse-grained pebbly sandstone. Existing
geological reports assign these Eocene rocks to either the Delmar Formation and Torrey
Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org
Sandstone (Wilson, 1972) or the Delmar Formation-Friars Formation undifferentiated
and Scripps Formation (Eisenberg and Abbott, 1985). No fossils were observed in the
limited exposures of Eocene rocks and no previous fossil collecting localities are
recorded for the project site. However, significant Eocene fossil collecting localities are
recorded within a one mile radius of the project. These records suggest a high potential
for the exposure of significant paleontological resources during future construction-
related mass excavation work proposed for the project site.
Mitigation of the predicted construction-related impacts can be accomplished
through implementation of a paleontological resource mitigation program. This program
should include the following elements:
[1] attend any pre-construction meetings;
[2] monitoring on a full-time basis all grading operations in the Eocene
sedimentary rocks and inspect cuts for unearthed fossil remains;
[3] salvage remains as they are uncovered;
[4] screenwash selected sites (if discovered) for recovery of small fossil remains;
[5] document the stratigraphic and geologic context of salvaged fossil remains;
[6] remove fossils from the project site;
[7] clean, repair, and sort salvaged fossils for eventual donation to an accredited
institution such as the San Diego natural History Museum:
[8] prepare a final report summarizing the results of the mitigation program. This
report will include a discussion of methods employed, fossils recovered, geologic
context of fossil remains, and significance of mitigation program.
La Costa Ridge - The La Costa Ridge project site is located south of Alga Road,
west of Rancho Santa Fe Road, northwest of San Marcos Creek, and east of El Fuerte
Street. The project site consists of a rugged volcanic and plutonic terrain with the steep-
sided gorge of San Marcos Creek forming the eastern and southern boundaries of the
project site. The gorge (including Box Canyon) provides spectacular bedrock exposures.
Other portions of the project site, however, are covered by native vegetation. The highest
point (approximately elevation 738 feet) is located in the northern portion of the project
site. The lowest point (approximately elevation 80 feet) is located at the mouth of Box
Canyon.
According to existing geological reports (Weber, 1963; Eisenberg and Abbott,
1985) the geology of the site consists of early Cretaceous-aged (125 million years old)
metavolcanic rocks (Santiago Peak Volcanics) and early to late Cretaceous-aged (125 to
90 million years old) coarse-grained plutonic rocks (Peninsular Range Batholith).
The Cretaceous metavolcanic rocks underlie the southern half of the project site,
while Cretaceous plutonic rocks underlie the northern half of the project site. No
previous fossil collecting localities are recorded for the project site. The "fiery" origin
of the metavolcanic and plutonic rocks indicates that these rock units are unfossiliferous
and have a zero paleontological resource potential.
Because of the zero paleontological resource potential of the project site, there
will not be any impacts and therefore no necessity for implementation of a
paleontological resource mitigation program.
La Costa Oaks - The La Costa Oaks project site is located south and southeast of
San Marcos Creek, west of unicorporated county land, and north of City of Encinitas
land. Rancho Santa Fe Road roughly bisects the project site in a north-northeast
Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org
direction. The project site consists of a rugged volcanic and plutonic terrain with the
steep-sided gorge of San Marcos Creek forming the northeastern boundary of the project
site. The highest point (approximately elevation 980 feet) is located in the eastern
portion of the project site. The lowest point (approximately elevation 360 feet) is located
in the gorge of San Marcos Creek.
According to existing geological reports (Weber, 1963; Eisenberg and Abbott,
1985) the geology of the site consists of early Cretaceous-aged (125 million years old)
metavolcanic rocks (Santiago Peak Volcanics) and early to late Cretaceous-aged (125 to
90 million years old) coarse-grained plutonic rocks (Peninsular Range Batholith).
The Cretaceous metavolcanic rocks underlie the southern three-quarters of the
project site, while Cretaceous plutonic rocks underlie the northern one-quarter of the
project site. No previous fossil collecting localities are recorded for the project site. The
"fiery" origin of the metavolcanic and plutonic rocks indicates that these rock units are
unfossiliferous and have a zero paleontological resource potential.
Because of the zero paleontological resource potential of the project site, there
will not be any impacts and therefore no necessity for implementation of a
paleontological resource mitigation program.
In summary, the La Costa Greens project site has a high paleontological resource
potential that will require implementation of a paleontological resource mitigation
program during construction. The La Costa Ridge and La Costa Oaks project sites have
zero paleontological resource potentials and will not require mitigation programs during
construction.
If you have any questions concerning this report, please feel free to contact me at
(619)232-3821, ext. 232.
Sincerely,
Thomas A. Demere, Ph.D.
Curator, Department of Paleontology
Director, Department of Paleontological Services
References Cited:
Eisenberg, L.I., and P.L. Abbott. 1985. Eocene lithofacies and geologic history, northern San Diego
County. In, P.L. Abbott (ed.), On the Manner of Deposition of the Eocene Strata in northern San
Diego County. San Diego Association of Geologists, fieldtrip guidebook, pp. 19-35.
Weber, F.H., Jr. 1963. Geology and mineral resources of San Diego County. California Division of Mines
and Geology, County Report 3:1-309.
Wilson, K.L. 1972. Eocene and related geology of a portion of the San Luis Rey and Encinitas
quadrangles, San Diego County, California. Unpublished M.A. thesis, University of California,
Riverside, 135 p.
Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org
LlNSCOi .
LAW & ; ^
GREENSPAN
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.
LINSCOTT I
LAW & :>d
GREENSPAN
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.
LA COSTA OAKS NORTH; 99-04-03
ON-SITE MOBILE CONTRUCTION EQUPMENT INVENTORY
No. Vehicles
1
2
2
3
8
2
2
2
3
GRADING
Vehicle Type
CAT D11 Tractor
CAT D10 Tractor
CAT D9 Tractor
CAT 992 Loader
CAT 773 Rock Trucks
CAT 14G Blade
CAT 16G Blade
CAT 834 Compactors
4,000 Gallon Water Trucks
WET UTILITIES
Fuel Type
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
No. Vehicles
3
1
1
Vehicle Type
CAT 325 Excavators
CAT 938 Loader
CAT 950 Loader
Fuel Type
Diesel
Diesel
Diesel
No. Vehicles
2
DRY UTILITIES
Vehicle Type
JD 300B Skiploader
CURB & GUTTER
Fuel Type
Diesel
No. Vehicles
1
1
1
1
1
Vehicle Type
CAT 14G Blade
JD 300B Skiploader
4,000 Gallon Water Truck
Dynapac Vibratory Roller
Gomaco Curb Machine
Fuel Type
Diesel
Diesel
Diesel
Diesel
Diesel
No. Vehicles
1
1
1
1
1
1
1
1
PAVING
Vehicle Type
CAT613Paddlewheel
CAT 14G Blade
4,000 Gallon Water Truck
Dynapac Vibratory Roller
Bla-nox 3200 Paver
Hyster Breakdown Roller
Hyster Intermediate Roller
Dynapac Finish Roller
Fuel Type
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
Diesel
*AII construction equipment shall meet or exceed emission standards for such equipment.
G:\Janey\TIM\Equipment Inventory Oaks North.doc
City of Carlsbad
Planning Department
December 1,2005
Kevin Sullivan DEC ., 5 200S
Morrow Development
Ste 180
1901 Wright PI
Carlsbad CA 92008
SUBJECT: STREET NAME APPROVALS FOR CT 05-14, CT 05-15, CT 05-16 -
VILLAGES OF LA COSTA
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.
Sitio Bahia
Sitio Caliente
CorteAltura
Sitio Colina
Corte Fortuna
Sitio Destino
Sitio Frontera
Avenida Parada
Sitio Corazon
Corte Panorama
In addition, ptease 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) 602-4324, if you have any questions.
Sincerely,
CHRIS SEXTON
Planning Technician
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX {76O) 602-8559 • www.ci.carlsbad.ca.us
RECEIVED
JAM 2 0 2006
CITY OF CARLSBAD
PLANNING DEPT
DEVELOPMENT
January 20, 2006
1903 Wright Place, Suite 180
Carlsbad, CA 92008
phone: 760 929-2701
fax: 760 929-2705
Mr. Don Neu
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
RE: La Costa Oaks North
Dear Don:
I have enclosed the following letters for your files:
1. a letter from Helix Environment verifying that they monitored the installation of
the orange environmental protection fence and silt fence at the limits of grading
and brush mitigation for the La Costa Oaks North project.
2. results of the Raptor Survey which was performed on January 18, 2006 in
compliance with Mitigation Measure 4.4-24 of the Villages of La Costa program
EIR.
Should you have any questions to the above, please feel free to contact me directly at.
(760) 929-2701 ext. 102.
Tim O'Grady
Senior Vice President
TOG:jef
Enclosures
11HIenvironmental playing, inc.
5/00 La Mesa Blvd., Suite 150
La Mesa, CA 9194'1-6476
fax (619) 462-0552
phone (619) 462-1515 January 20, 2006
Inland Empire Office
phone (951)328-1700
City of Carlsbad
Attn: Don Neu
1635 Faraday Avenue
Carlsbad, California 92008-7314
Fax (760) 602-8558
Subject: The Oaks North (Oaks Phase 2) Village of The Villages of La
Costa project in the City of Carlsbad
Dear Mr. Neu,
This letter has been written to inform you that the perimeter staking and
fencing for The Oaks North segment of the Villages of La Costa project
has been completed. The orange construction fence and silt fence
installation was completed on January 17, 2006, and was monitored by
myself. The fencing was checked using The Oaks North Rough Grading
Clearing Limits, digital plans provided by Hunsaker and Associates. Due
to fire break requirements some sections of the orange construction and
silt fencing are separated from each other as much as 40 — 50 feet. An
approved biologist from HELIX Environmental will continue to monitor
all phases of the vegetation clearing.
Please call if you have any questions.
Sincerely,
Roger W. Ditrick
Biologist
Ifflflenvironmental planning, inc.
5/00 La Mesa Blvd., Suite 150
La Mesa, CA 91941-6476
fax (619) 462-0552
phone (619) 462-1515
Inland Empire Office
f hone (951)328-1700
January 20, 2006 MDI-17
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 Oaks North 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 February 1
through August 15. A raptor nesting survey was conducted on January 18,
2006 for the start of brushing the site. No active raptor nests were observed.
An additional pre-construction survey for raptors is necessary if grading is
initiated after February 1, 2006 and results in noise levels above 60 dB(A)
beyond the edge of development. If any active nests are located, the
restrictions noted above will be implemented.
Please call if you have any questions.
Sincerely,
Roger W. Ditrick
Biologist
iitiienvironmental planning inc.
date:
to:
organization:
from:
subject:
job number:
message:
NOTICE OF TRANSMITTAL
January 20, 2006
Don Neu
City of Carlsbad
Department of Planning
Roger W. Ditrick
Villages of La Costa - Oaks North
MDI-06.2
Don, Enclosed is the letter of compliance for the HCP limits
staking/fencing for the Villages of La Costa project in the City of
Carlsbad, La Costa Oaks North Phase 2.
If you have any questions please call.
Thanks, Roger
8100 La Mesa Blvd., Suite 150
La Mesa, CA 91941-6476
e-mail: RogerD@Helixepi.com
phone: (619) 462-1515
fax (619) 462-0552
8100 La Mesa Blvd., Suite 150
La Mesa, CA 91941-6476
fax (619) 462-0552
phone (619) 462-1515 January 20, 2006
Inland Empire Office
phone (951) 328-1700
City of Carlsbad
Attn: Don Neu
1635 Faraday Avenue
Carlsbad, California 92008-7314
Fax (760) 602-8558
Subject: The Oaks North (Oaks Phase 2) Village of The Villages of La
Costa project in the City of Carlsbad
Dear Mr. Neu,
This letter has been written to inform you that the perimeter staking and
fencing for The Oaks North segment of the Villages of La Costa project
has been completed. The orange construction fence and silt fence
installation was completed on January 17, 2006, and was monitored by
myself. The fencing was checked using The Oaks North Rough Grading
Clearing Limits, digital plans provided by Hunsaker and Associates. Due
to fire break requirements some sections of the orange construction and
silt fencing are separated from each other as much as 40 - 50 feet. An
approved biologist from HELIX Environmental will continue to monitor
all phases of the vegetation clearing.
Please call if you have any questions.
Sincerely,
Roger W. Ditrick
Biologist
From:
To:
Date:
Subject:
Tim,
Don Neu
togrady@morrowdevelopment.com
01/18/20065:11:31 PM
Data Recovery Plan for CA-SDI-11,569 & 11570
I have reviewed the document titled "Treatment Plan for Data Recovery Investigation of Archaeological
Sites CA-SDI 11,569 .and CA-SDI-11570" prepared by RECON dated January 13, 2006. I have approved
the Treatment Plan on behalf of the Planning Director. Please let me know if you need anything further
from the Planning Department regarding the City's approval of the data recovery plan.
Don Neu, AICP
Assistant Planning Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
(760)602-4612
Fax (760) 602-8559
E-Mail: dneu@ci.carlsbad.ca.us
TRANSMITTAL LETTER
D
TO:
ATTN:
FROM:
RE:
EVELOPMENT
City of Carlsbad
Don Neu
Tim O'Grady
RE: La Costa Oaks North CT 99-04-03
DATE: January 13, 2006
SENT VIA: Hand Delivery
0 URGENT
O PLEASE REPLY
0 FOR REVIEW AND COMMENTS
0 FOR YOUR INFORMATION
0 PHOTOCOPY
0 AS REQUESTED
NOTES:
I have enclosed RECON's Treatment Plan for Data Recovery Investigation of
Archaeological Sites CA-SDI-11569 and CA-SDI-11570 pursuant to the Mitigation
Measure 4.5-6. If there is any way you can review and provide us with your approval
and/or comments before Thursday, January 19th, I would greatly appreciate it. I am
trying to schedule RECON to start on Thursday, January 19th.
Should you have any questions, please do not hesitate to contact Mr. Tim O'Grady or
myself at (760) 929-2701 ext. 102.
Sincerely,
Tim O'Grady
TOG:jef
Enclosure
RECEIVED
JAN 13 2006
CITY OF CARLSBAD
PUNNING DEPT
1903 Wright Place, Suite 180, Carlsbad, CA 92008
Phone: 760 929-2701 Fax: 760 929-2705