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Home My WebLink AboutCT 93-09; Catellus Residential Group Inc; 1998-0381400; Reimbursement Agreement/Release- , *. . . , 2 ’ . . . I Illill III lllll II III ll~[;~ Jlj\[lllll Ill11 lllll lllll Ill Ill1 DOC = HW-0381400 JUN 22s 1338 4=26 PM RECC;RDING REQUESTED BY =--* WHEN Rj PDED MAIL TO: city ak CITY OF CARLSBAD 1200 Car&bad Village Dr. Carlsbad, CA. 92008 OFFICIAL REm 909 SM DIEGO CWTY RECORDER’S OFFICE GREGORY J. WTHt CUIMY RECORDER FEES: 100.00 APN: 215-070-I 6 FOR County, California, between CATELLUS ,RESIDENTIAL G&I&JP?, ;, a California corporation (“Owner’?, and THE CITY OF CARLSBAD, a municipallcorptiration of sthe State of Cal’ifornia (“City”), with reference to the following: ., : I ,< ,; ,i, ,_,’ ii, ,I, i ;: _,’ :_ : I’,,,!, ,-.,, S‘, _, s,,, ._, s,, ,z : : llel ,/, .j, I __’ ‘; I :‘;: ” __ ,,I ..s_: ~yl$.:.:~ I+” ,, u,, i .? ,! .: _$ :,I 3 I ,:t , :, S<i.i. .-:;I:,tiiji,;..‘:; R:&J; T:A L; S: ,,>> ;:I: :I, ,.ii;,,,; ,i*j,, ,;,;i,j,:,;, L .!;,1’ > 1.. ,, 1’ j.‘, jls+,* “l.‘pw”-“,;,i. <,> s,; ,,. .;... < .I .>1*1.. A, j;;::“: _,b .il’.irpi<t’~ ‘ill>f+ _ ,>_ ;;,;, Am ,: I> 1 <! I ,_I I,,: ,: ,, >s:, ,, Owner’hq,ds,fee,title to th” real’prope~‘d~~~~~ed on 6~~~~~~~~~~~~pery,,), which . ,, ,,; &$!l!p‘, 3s: I ,,, I, ; Owner has in the pastsought:fo,develop as a reslhential subdivision v&th S2 tots and a site for sixteen affordable housing, units (“Project”) as contemplated$by Tentative Map CT 93-09 (“Tentative Map”). City’s PlanningCommission, by Planning:.Comm@sion :Resolution No. 3869, recommended conditionsll, approval ;of the Tentative, Map. The City Council has adopted the Plannina Commission’s recommendations and conditions pursuant 4d “City Council Resolution No. 96-117 approved on April,2, ,lg96 : . . s ,.) I ,, ,, $:: ,, / .A**‘!;’ j_l: _^ 1 $$j ,I s ,l,i _s_ p >A__> ,$;. ;, I : $‘.. ;liiiiii,:,~i,:,l:,;‘,, w.,!rw~~~” ,~ ,j_,, :;,:::: :__ B. One of the conditions of %ppr&Woi tWTentative Map (“Condition 56J”) requires Owner to construct a thirty-two foot (32’) paved section meeting major arterial standards (i.e., two lanes) along that portion of Poinsettia Lane (referred to as “Reach #I”) between Aviara Parkway and the extension of Street A as shown on the Tentative Map. Owner’s obligations under Condition 56J are referred to as the “Existing Poinsettia Obligations”. Because the Project is within City’s Bridge and Thoroughfare District No. 2 (“B&TD #2”), certain costs incurred by Owner in performing the Existing Poinsettia Obligations would be reimbursable from fee collections for B&TD #2. C. Owner is currently processing with City revised Tentative Map CT 93-09A (“Amended Tentative Map”), which includes among other changes a conversion of the Project from 92 single-family lots and sixteen affordable housing units to 96 single-family residential lots (“Amended Project”). The Amended Tentative Map being processed also includes a revision to Condition 56J (“Amended Condition 56J”). This parties recognize that this Reimbursement Agreement may be approved by City prior to approval of the Amended Tentative Map, but intend that Owner have the right to rescind this Reimbursement Agreement if the Amended Tentative Map is not approved by City. 1 . . . , . l . . . , ‘8 . I ‘r * 910 D. Amended Condition 56J requires that instead of constructing half-width improvements on the north side of Poinsettia Lane through Reach #I as required by the Existing Poinsettia Obligations, Owner shall instead take steps that will enhance City’s future prospects for completing the full-width improvement of Poinsettia Lane not only through Reach #I, but also through that portion of Poinsettia Lane which runs northeast from Reach #l to Black Rail Road (i.e., from Street A to the intersection of Poinsettia and Black Rail; referred to as “Reach #2”; the entire segment of Poinsettia Lane from Aviara Parkway to Black Rail Road is referred to as the “Aviara/Black Rail Segment”). The additional improvement obligations in Amended Condition 56J, which are described in Paragraph 1 below as the “Expanded Poinsettia Obligations”, are for the benefit of property not within the Project and will be dedicated to the public. ___*.,,~..~lix I I _ _j j I,I $& :Ilrl’;“~~$:;~~i ; :‘;:;; z Em Owner has agreed ,,&$~#$i@@&~~~~~~ &p$ ___. ;&#$ &g# -$lil,;,is$ ,$$,,i:il($ terms and conditions that will:en~tire-thdt:‘:~~i) $$@‘&$il: exp~~&~,,&&l~ #2, as specified herein, .,of:,those settia Obligations, but only on h~(:;fqjmbursement from B&TD Owner in connection with Reach. #I (“Ordinary ‘:%g &&nt, that are incurred by ,I_ I,,, #$$$&); and (ii) City will provide reimbursement from B&fD W,“on a progress-paytien$.b&%! of a!! expenses that are incurred by Owner in::coirt@ti,oti~tiith Reach #2 (“Progress Pa~Mnt Reitntjursable Expenses”; referred to collediirely ,,.Withr-$he Ordinary Reimbursable Exp&i$q$ i as. :ithe “Reimbursable Expenses”). .“:I; ,,” $33. ii... “pi$; I : 3 b f,_, Rail Segment with one l&foot paved lane on either side of an unimproved median; install median curbing; install transition to full- width improvements at the approach to the Aviara Parkway intersection; and install drainage facilities, as needed; provided, however, that except for installation of an A.C. pedestrian walkway along Reach #I, project frontage improvements, sewer and water lines and required franchise utilities, in no event shall the Expanded Poinsettia Obligations include any work that is not included within B&TD #2. , - . \., . ‘I . (b) City shall be responsible for acquiring the right-of-way for the entire Aviara/Black Rail Segment and any off-site grading or borrow site easements required for the grading of that right of way, and shall use best efforts to obtain the right-of-way and the necessary easements prior to approval of Owner’s final map. Owner shall have no obligation to grade Reach #2 unless City has acquired all Reach #2 right-of-way, and any necessary off-site grading or borrow site easements, at least ten (10) days prior to Owner’s demobilization on the Reach #I grading activity. (c) Provided that all other conditions of approval for the Amended Tentative Map have been satisfactorily completed other than those relating to construction of the Aviara/Black Rail Segment, no delay in City’s acquisition, of right-of-way (or necessary off-site grading or borrow site easements) shall delay approyat or i~~~~~tion~.,of~,pwner’s final map or issuance of any permits to Owner authorizing*~~~di~~~‘~r~other;l:’sub;d~~i~~~~:i~provements to the Amended __;; Project, including without $ffit~fion ,‘Rea%h‘, :$# ~improveme&&:, :The parties specifically contemplate, in this regard,:~th~t?Owner’~~~~,~a~~~~~~~ive~~per~i~,~~~,~begun grading and other : tI:_‘rlj j$$.$ , g,: .: * ‘.;r. subdivision improvements prior tothe. issuanceof grading, permit(s)$%&e Expanded Poinsettia 11, $;l:$.j.g $,i: Obligations. In addition;‘:@fovided i th&“all other conditions’precedent to”i&ance of a grading permit have been sat~sf&/&jly,oompleted by Owner, City will permit’the .o$site grading of the *! , ,.s: iI:J:3 ~+i:::ai: ..’ Amended Project ~@nmedk%elg;upon recordation of the final map, even’ if> off-site. right-of-way or grading easement &qu&t& for Reach #I and/or Reach #2 remains indompletei, .’ ,: j_li (d) : ‘,ihe p&tii& acknowled~~.,t~~~~~~~~~,of~~~~.,on~ste ;jjdiv~~&~~i~provements, ,A;;‘:+& j Owner will be constructj$g frontage improvements on the in-tract portion of Re?$& #2 (“Reach #2 Frontage Improvements”). In recognition that such work should be ‘peifort$!!d when the Reach #2 streetimprovements are actually constructed, City agr$& toi’permit C@ner to bond for the Reach #2”Frontage lmprovements separately from &&f$her subdivision im,provements, so that if the other improvements have been complete@‘?while the, Reach:“%2 Frontage Improvements remainoutstanding~t,he bonds for the other imp?ovements~ may: be: released and exonerated without waitiirg f&r completion of Reach #2. ,, _I_,$*j ” ” : _$;. I ;‘;t: ‘;“&‘; : a. .ywi /I” 1 B&jj; : ‘1 :..‘:? ‘::_<_: ,,__ (e) ~~&f~#f&f&y~~~~ a credit against B&TD ~~~~~~f~~~~~,obligations otherwise payable with respect.‘:~~-ih~~~~~~~e~ Project for any portions$f%e <Property that Owner may dedicate for Reach #i’fig~t~~~y;;i,,,i::,i::i : j 1, ” ,::’ <_;. Ili_i!. i, ,,,,z,: ,,.-.-!1!..i.^!:i’;’ 3 : _, <;,.- “. lili : I _, ;,,;: ;‘;,, ‘,j I;_ :_ ,,, (9 Owner’s .,eg~ee~gna~~~ (;;;& *& Expanded,;ii~~insettia Obligations and &;’ i ;‘:‘l’j&$,,, complete the Aviara/Bla& R~~$&@-$~~ as s&$,fc@h her~jn’.&#&& satisfy and constitute full compliance with Amended Condition&~J. .O~~er’s,,dbli$~t~ons with respect to the Expanded Poinsettia Obligations set forth in Amended Condition 56J are expressly agreed by City to be contingent upon City’s entry into and performance under this Reimbursement Agreement. (g) In addition to the foregoing, to address the possibility that construction of one reach of the Aviara/Black Rail Segment is delayed for environmental or other reasons, the parties agree that completion of construction of either Reach #l (i.e., from Aviara Parkway to Street “A”) or Reach #2 (i.e., from Street “A” to Black Rail Road), shall constitute compliance with City’s Engineering Policy 1 relating to single-entry subdivisions. 2. Reimbursable Work. (a) All work giving rise to Reimbursable Expenses is referred to either as “Ordinary Reimbursable Work” or as “Progress Payment Reimbursable Work”; all such work is referred to generically as “Reimbursable Work”. Notwithstanding anything herein to the contrary, all Reimbursable Expenses shall be for work that is within B&TD #2. 3 - 912 (b) With respect to all hard costs of construction comprising Reimbursable Work, Owner shall solicit bids from three reputable contractors, with the Reimbursable Work bid separately from any non-reimbursable work being bid by such contractor. (c) During the performance of any Reimbursable Work, Owner shall retain detailed payment records for all items of Reimbursable Work, for use by City in auditing any subsequent reimbursement requests by Owner. Owner’s requests for reimbursement (each, a “Reimbursement Request”) shall include copies of plans, specifications, engineer’s cost estimates, bids received, contracts, change orders, invoices, payment slips, canceled checks (front and back), lien releases and other documentation reasonably required by City to evidence the completion and payment for each item of Reimbursable Work. Reimbursement Requests may be submitted by Owner following completion.of;each stage of work identified in Paragraph 2(a). iJ,,:j ,‘.:j ; ; i ’ ,. ‘, ..+:+ ,,;?‘,: ,, > .&~i;lj>~.~‘: : : “.cll’;l.l ,, ,_ <,, L : (I< < * es: ;,.$. f. .1,,: ./+* t ._i;... ,. ‘. ‘f;&$‘~-: 2 , i_ni_‘. ,^, : i.: : _;.,A ,, ,I ?yxil’““,;“‘~~.’ .-. sill :-” ; :._ j _s_i ‘Si! l: :: ,._ s & ” 1”1 ‘% 2: ::‘:!j.,, (d) Exhibit ,~~~~t~~~~~i;,~~::~~e,imiiiary;r~,s~~s~~a~e,,,rd~:the Reimbursable Workm The parties acknowledgai, that Ethics ‘Ej;““~~~~’ ~~~i;~~~~~reri’ by :~Ou\iner’s engineers, is for illustrative purposes onFi;$no~ tha$;&ll‘ costs are subject toaudit for eligibility for payment in accordance with the proceditre~~~‘Paragraph 3 below. ,, ‘_ ._ ,I ,’ ,, __::(I, :); . . _I ‘, ::j:1,l_:, : ‘_ (e) ‘yjc#~er:.l&&~be enti.led to an overhead allocat~~~!j~~~.~~ui,~percent @%) of actual ReimbursabF&~E@#$es Fn lieu of ,other rei,mbursement for CwneVs, costs incurred for salary and benefits’ for.7 staff of Owner’s” tio’rn~e”‘~~offk%s,~ purchasing ‘dep&ment expense, supervision above the level of on-site superintendent, and generaF”,,corpoi%te legal and accounting fees.,, ,’ ,L .,‘, “i (c) The Auditing Engineer shall review all contracts for Reimbursable Work and the payment records submitted in connection therewith, and shall within sixty (60) days after receipt thereof issue to City and Owner a report either accepting Owner’s submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by Owner using the dispute resolution procedure of Paragraph 6 below. 4 , ’ 913 (d) City’s reimbursement obligations hereunder shall be based upon the actual costs incurred by Owner in performing Reimbursable Work; provided, however, that to the extent that the cumulative total of Reimbursable Expenses exceed the costs for such work estimated in Appendix B to the Fee Study Report for B&TD #2 dated April 3, 1997, Project No. 9504.001 (“Engineer’s Cost Estimate”), plus the twenty percent (20%) contingency, then prior to payment of such excess, the B&TD #2 fee program shall within the following twelve (12) months be amended to reflect the actual construction costs. To the extent that Owner’s B&TD #2 fee obligations for the Amended Project are increased as a result of any such amendment, the increase in Reimbursable Expenses shall be deducted and credited against the increased B&TD #2 fee obligations prior to City’s actual payment of any amounts in excess of the Engineer’s Costs Estimate. _ ,,,,;i;iiil!i!lii!il~~~ .^ ‘*“$:;:‘;‘)~i’;’ : :_,_, ,,~“::‘wi II I ,I I ,/Lie i;jjs$:j.;; I’ .il.ljl Ic,‘,<y .;.;, ,. .I (e) ; .,.lj”p;j” ‘$I, ” .‘“,‘~““1$$~~~11 e , Notwithstanding, ,~~~~~~‘herA~~h~~~it~~~~~~~~~,~ City specifically agrees that I:! d&y’” :_ ‘1 ,* the following shall be deeme$:Progr~ss;,~Pa~~~h~ Reimbursable~!Expenses: (i) any premiums paid by Owner for improvement ‘an&#&payment $nd’performance bonds relating to the ,iili.&iL:.l construction of Poinsettia Roa~:iii(i.~;~‘ihe,::‘eittrre;!::Aviara/~/ac~ Rai[‘,’ Segment); (ii) Owner’s advance deposits to Citylfor paymehtsto City’s property $!geni.!tnvolved in acquisition of right of way (except to the exten8/Qwner’s payment related to Street :!“A”): and (iii) an amount determined as one;and~@#$ percent (1.8%) of the total of all Reimbursable Expenses, as an allowance to covet~‘the’z~allocable portion of premiums paid by Owner for blanket liability insurance coverage; _L,,: ,, >,:.;: ,” ._ ;_ _;j :. .,c i : ;:i ‘$ I i7$ ‘. . L,, : $, :i:: ,, II.;. __, .~,::‘;,&.. _j,(j il.., >’ i _2,. : ‘,:‘G’;e , ;e;^ I ‘k,,;: :.pl:$$$ Ij , “’ i, I : I. ,. 3_.tj;jg Pa ‘dent ,o~“~r;o ress pg. ,ment R~iri;;~~rs~bl~ Ex Q’~ses. ’ I jj ) ‘, : ; j “_ _1_ :I::.: 4. ‘.‘1__,_ $ l,l.g.!‘ll: I $,$I$>:,! “2 ;;: ;$i :’ ^; ‘I,. <$’ : “’ ,’ (a)l:j ,,.upon,fl-rg Auditing E~gineer’s ~~~ermiriation on :~~y R~in~~~~~~~nt Request for Progress Payment Refh-rbursable:Expenses,‘City shall,zfithin sixty (60) days”#ereafter, pay all undisputed Progress,PaymentRe~mbursable Expensesto Owner: A!= b” ,,, I ,,, ,. ,:!jlj::, , ,‘$_$‘$;;, _;_ i’ $3’ $yj S”, ,*,__ j, ,-> _: ; ,Iil:Ii.l:I : : ( liv_l :i;v ,$$, p.:.<_: ,_ ;_y (b) Any’Zz;Zdispqted pr&~&$~.t )aypjni Re&~&&ble &~{&4,,flj@,, are ultimately I’ A‘,‘yi$& agreed or determined to b$&ayable shall be paj;l to Owner within sixty!@‘O)‘j‘days after any settlement with or award to CJwner pursuant to Paragraph 3(c) above. .,_,:I: il) *: ; : t;:;j ;‘$$,, ,$ II ,i j ,_ :sj ,.,:$/ii’ 5. pavment’&&d&fi’ R&mbursable Ejcpenses. -, .;;yl’ 1, ,‘, : ;‘IBi _II ,_j3,jJ’ .’ z ,ll $&i~j~$i:;;:i : ,I$, ,.__._ l!‘~, 3ejt$Wl,ii:;;~,,,: 1,1 ;;.:;. ,, : “’ Sl>_< , i 3 : :_: jlj:lc (a) Payment ‘fctii”‘or@inary Reimbursable Expenses&all be made after first deducting and crediting agafn@Crdin~ry Re/m~~Ysable:i;~~penseS’ all unpaid B&TD #2 fee obligations attributable to the Amended’ Project., Th,&tot&l B&TD #2 fee obligation for the Amended Project is currently estimated at $#&‘dO (96 units @ $5,400 per unit). (b) At such time as the undisputed Ordinary Reimbursable Expenses exceed the total B&TD #2 fee obligations for the Amended Project, the following procedures shall apply: (i) Upon the Auditing Engineer’s determination on any Reimbursement Request for Ordinary Reimbursable Expenses, City shall, within sixty (60) days after determining that adequate B&TD #2 funds are available, pay all such undisputed Ordinary Reimbursable Expenses to Owner. (ii) In making a determination whether adequate B&TD #2 funds are available, City shall give Owner top priority for payment from those B&TD #2 funds identified in City’s Capital Improvement Program (“CIP”) as Poinsettia Lane-Aviara Parkway to El Camino Real Reimbursement (ZIP Poinsettia Allocation”), which is currently allocated in the amount of $1,750,000. City shall first set aside from the CIP Poinsettia Allocation funds in an amount sufficient to assure both (A) payment to Owner of Progress Payment Reimbursable Expenses pursuant to Paragraph 4, and (B) property acquisition expenses of City pursuant to Paragraph 1 (b) above; currently estimated to be $557,430. (iii) Payment of any Ordinary Reimbursable Expenses in excess of the CIP Poinsettia Allocation (after the deductions for Progress Payment Reimbursable Expenses and City’s property acquisition expenses in the:amount;~&eduled > SC .: is : in the Engineer’s Cost Estimate) shall be made in accordance witk~~~j~ify-dterm~~~~ reimbursement schedule which takes into account the reimbursement nee&$other eligible developers \h;‘ithinB&TD #2 on a fair-share basis; provided, however,,thafc’~it~‘~btialr:not assign Owner a’lo~e@$$ority for such additional payments than other devel’opers?mereIy because of Owner% prior$$-nbursements up to the amount of the CIP Poinsettia~“~io~~iori. ,><>’ ‘> I’ ; : _:,_ ,,;,;::ri,!i:i;i:ii;~~~~;~~~~~l~~~~,~ i ,_<_l<, , .I4>;>‘, $:‘1j i_; 6. *< >,>,_ ,,,,.,~~,%l! ‘,&*L$ 3 3 “q:l:i’yj: 13: ‘iiJ; ;::s;j ; . Disout$$, KliallBI~pute should arise regarding the pe%#mance&%‘interpretation of “:&j’~ f r$yTi“f! this Reimbursem@WAgreemeiit, the following procedure shall be usedfo’resolve any question of fact or interpretattiitYiiot?otherwise settled by agreement Gbetween’p@rties, Such questions, if : . :I ;;l”; r-$:, z:,. >; : they become idehtrfied:‘a~+r part of a dispute among’ persons operating u,nder:$e, provisions of this contract, shall,:be:~reduced to writing by tin officer of Owner or by;C/ty%!&sistant City Engineer. A copy of suchdocumented dispute shall be forwarded to both p&itjes;[@olved along with recommended methods of resolution which would be of benefit to.both$arties. The Assistant City Engineer or,officer of Owner receiving the letter‘shalt replyjothe letter along with a recommended method,of resolution within .ten (10) day$~:ff#e resolution thus obtained is unsatisfactory to the aggrieved party% G- letter outlining th@#sputei shall: be~forwarded to the City Council for theii’~~~~‘o:l~~i~~‘~~~rough the Office of the City l’&nager. The!‘City.CounciI may then opt to consider the directed,;solutio,n[to the problem. ‘In such cases, the acron of the City >_ A.3 I >,, > Council shall be binding upomthe parties involved, although nothing in, this procedure shall prohibit the parties seeking&medles, available to them at Ia:: i , ‘, ,. ,,,(,,_ .2? ,I. ) i <:::i,;:; 7. Other Provi&$ns. : “““““‘* ‘.j’:,ii:I:;;ii;iiii..:. I, a,1 >.l..,:;‘,,, _. ,,,l(i .rj.!:jij/.j i:j 2 j i ; ; , ,~8 ril?!%.$i”&,:I i_i ~,, ,;,,, ,; I_ I: ‘j :I‘ ” s ” : liiw .c,,, ,,,,, ,“. I., .: : ‘~ ,: ; L i ,_,: :li;:: _.: &$ ,i;&, ‘j:: : l_, $:f; j _,;_; ;^jli :$ : Ii ., (a) Unless oth~~~~:i,sp;~~i~~l~~.~pr~~ded~i;fieiein~:~lr’riotices, demands or other communi~tions given hereundei:‘S~$!jli:~~rii3.:uiiritingi~~rid’ &&f\‘“‘be deemed to have been duly delivered upon personal delivery, or by”~~~~~~i”‘P~~ress (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as follows: If to Owner, to: Catellus Residential Group 5 Park Plaza, Suite 400 Irvine, California 92614 Telephone: (714) 251-6100 Facsimile: (714) 251-8837 Attention: Mr. Brian J. Milich, Vice President . . . , 4 ’ 915 If to City, to: The City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, California 92008 Telephone: (760) 438-l 161 x 4362 Facsimile: (760) 431-5769 Attention: Assistant City Engineer or to such other address or to such other person as any party shall designate to the others for such purpose in the manner set forth above. Ill Ill Ill Ill Ill Ill Ill Ill , I ., . , ’ . 916 (9) The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement: A Legal Description of Property B Preliminary Cost Budget Summary IN WITNESS WHEREOF, the parties have executed this Reimbursement Agreement as of the date first set forth above. Owner: City: California corporation -B&k J. Milich, V!c$$sfdent, j : ,,,:, ^$ ‘i’;i: ‘:$ 9’ ,, ,, RAMONA FINNIZiAg Tern BY . 52 Its ,,‘.:!, _‘i :_ ,,; ** ,L ,._ .' _, ., ,, __, :,. .‘_ ,' .I ..: ', 8 State of California County of On personally appeare Name(s) of Signer(s) to be the person(s) whose name(s) +a@ subscribed to the within instrument and acknowledged to me that I&ehe@executed the same in 4iefherm authorized capacity(ies), and that by e 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. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - q Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association l 9350 De Soto Ave., P.O. Box 2402 l Chatsworth, CA 913132402 Pmd. No. 5907 Reorder: Call Toll-Free 1-900-876-6927 , I , 918 CATELLUS RESIDENTIAL GROUP, INC. SECRETARY CERTIFICATE RESOLVED, that Brian Milich in his capacity as Vice President and Bruce T. Lehman in his capacity as Executive Vice President are authorized for, on behalf of and in the name of Catellus Residential Group, Inc. (the “Corporation”), to sign The Agreement for Reimbursement of Costs for Construction of Improvements for Poinsettia Lane from Aviara Parkway to Black Rail Road, and all other related documents and agreements. The execution of such agreements and documents by them shall be conclusive evidence of full Corporate approval thereof. IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary of said Corporation and have caused the corporate seal oft hereunto affixed this 6’h day of May, 1998. Stephen J. Muller, hssistant Secretary 919 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS AS SHOWN AND ESTABLISHED ON RECORD OF SURVEY MAP NO. 12096, FILED IN THE OFFICE OF THE COUNTY RECORDER MARCH 23,1989, SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE WITH CAP STAMPED “L.S. 3189 1/2M AHR 1979”, THENCE ALONG THE EAST LINE OF SAID LOT 3 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP NO. 12096, SOUTH Ol”29’12” EAST (SOUTH Ol”29’59” EAST PER R OF S 12096), 1056.64 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY 3/4 INCH IRON PIPE MARKED “R.C.E. 8210” AS SHOWN AND ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86O57’48” WEST (NORTH 86O57’35” WEST PER R OF W 12096), 663.55 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF SAID LOT 3 BEING MARKED BY A 2 INCH IRON PIPE STAMPED “L.S. 2821” AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86O53’40” WEST, 663.62 FEET (NORTH 86O53’31” WEST, 653.69 FEET PER R OF S 12096) TO A 2 INCH IRON PIPE STAMPED “L.S. 2821” ESTABLISHING THE SOUTHWEST CORNER OF SAID LOT 3 PER RECORD OF SURVEY MAP NO. 12096; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 AS ESTABLISHED PER RECORD OF SURVEY MAP NO. 12096 (SAID LINE ESTABLISHED BY SAID 2 INCH IRON PIPE AND % INCH IRON PIN AS SHOWN ON R OF S 12096), NORTH OlO43’58” WEST (NORTH 01’43’45” WEST PER R OF S 12096), 997.78 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 22; THENCE ALONG SAID NORTH LINE, SOUTH 89O28’34” EAST, 1328.09 FEET (SOUTH 89O28’22” EAST, 1327.24 FEET PER R OF S 12096) TO THE POINT OF BEGINNING. - 920 EXHIBIT B Preliminarv Cost Budaet Summarv [Attached.] 921 COSTS BUDGET SUMMARY PRELIMINARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF - (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD PROJECT: POINSETTIA LANE (REACH 1) DATE: l/14/98 ---------------------------- ----------- CLIENT: CATELLUS JOB#: 1953-4 ---------------------------- ----------- TOTAL ------------ IMPROVEMENTS............................... $753,392 CONSULTANTS................................ $283,744 FEES/BONDS.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $191,975 ------------ T 0 T A L............................... $1,229,111 ------------ ------------ NOTE: This estimate is from a 40 scale improvements plans prepared by Hunsaker & Associates, San Diego. This estimate is for a 102' graded right-of-way with a 18' pavement section on each side of median curb. A 360' pavement transition area was included at the intersection with Aviara Parkway. Land Acquistion costs were estimated; however, actual costs are unknown at this time. HUNSAKER & ASSOCIATES, INC. 10179 Huennekens Street San Diego, Ca Tel: (619) 558-4500 Prepared by : Terry Allbritain File# [ocPLRlR] 922 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD GRADING 61 SITE PREPARATION ................. $389,732 SLOPE &I EROSION CONTROL .................... $72,190 SANITARY SEWERS ............................ $0 STORM DRAINAGE ............................. $33,592 WATER DISTRIBUTION ......................... $0 ROADWAY IMPROVEMENTS ....................... $211,694 UTILITIES .................................. $0 AMENITIES t SPECIAL CONSTRUCTION ........... $44,484 CONSULTANTS ................................ $283,744 MAINTENANCE ................................ $1,699 BONDS/FEES ................................. $191,975 ------------ GRAND T 0 T A L..................... $1,229,111 ---m----m--- ------------ . 923 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD GRADING &I SITE PREPARATION -------------------------------------------------------------- CLEAR AND GRUB RELOCATION/RESTORATION POWER a) POWER POLES WATER MAINS MOBILIZATION t CONST. WATER MASS EXCAVATION b) IMPORT c) ALLUVIAL REMOVAL (EST.) LANDSLIDE REMOVAL & RECOMP. CANYON SUBDRAIN(6") CANYON SUBDRAIN(8") CONSTRUCTION WATER LOT FINISH f ACCEPTANCE CRIB WALL SUB-TOTAL CONTINGENCY 7.0 AC@$ 800 LS@$ LS@$ LF@$ 1 LS@$ 106,355 CY@$ 43,410 CY@$ 25,000 CY@$ CY@$ LF@$ 1,070 LF@$ 131,355 CY@$ EA@$ SF@$ ,lO.OO% 0 0 13,000 1.75 2.25 1.05 1.10 16.00 16.00 0.07 900 15.00 = $5,600 $0 N.I.C. $0 $13,000 $186,121 $97,673 $26,250 ;: $17,120 $8,538 :: $354,302 $35,430 ------------ TOTAL GRADING t SITE PREPARATION................... $389,732 a) Assumed no undergrounding of existing overhead power lines. b) Assumes imported dirt could come from adjacent Zone 20 Properties. c) No soils report was available at the time of this estimate. 924 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD SLOPE C EROSION CONTROL --------------------------------------------------------------- STABILIZED CONST. ENTRANCE 5,000 SF@$ 0.35 = $1,750 STRAW HAY BALE 1,550 LF@$ 2.50 = $3,875 SILT FENCE 1,550 LF@$ 2.90 = $4,495 MODIFIED "C" DITCH 2,880 LF@$ 9.75 = $28,080 MODIFIED "D" DITCH 1,760 LF@$ 9.75 = $17,160 1" AC CAP FOR MEDIAN AREA 21,419 SF@$ 0.40 = $8,568 SAND BAGGING 1 LS@$ 1,700 = $1,700 SUB-TOTAL $65,628 CONTINGENCY 10.00% $6,563 ------------ TOTAL SLOPE C EROSION CONTROL...................... $72,190 SANITARY SEWERS ___----------------------------------------------------------- 8" SEWER MAIN LF@$ 17.00 = MANHOLE EA@$ 1,600 = ;: R&R PAVEMENT SF@$ 5.00 = JOIN EXISTING EA@$ 1,000 = SUB-TOTAL $0 CONTINGENCY 10.00% $0 ------------ TOTAL SANITARY SEWERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 STORM DRAINAGE ------------------------ PIPE 18 " PIPE RCP 24 " PIPE RCP CUT-OFF WALL CLEANOUT HEAD WALL/WING WALL CURB INLET TYPE "F" CATCH BASIN RIP RAP TIE INTO EXISTING INLET R&R PAVEMENT -------------------------------------- 53 LF@$ 176 LF@$ I=@$ EA@$ 2 EA@$ 3 EA@$ EA@$ 39 CY@$ 1 EA@$ 50 SF@$ 41.00 = 55.00 = 3,000 = 2,800 = 2,300 = 3,500 = 2,300 = 65.00 = 800 = 5.00 = $2,173 $9,680 ii: $4,600 $10,500 $0 $2,535 $800 $250 SUB-TOTAL $30,538 - 925 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD CONTINGENCY 10.00% $3,054 ------------ TOTAL STORM DRAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $33,592 926 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD ------------------------------------------------------------------ WATER DISTRIBUTION -------------------------------------------------------------- SUB-TOTAL CONTINGENCY 10.00% ;: ------------ TOTAL WATER DISTRIBUTION........................... $0 ROADWAY IMPROVEMENTS -------------------------------------------------------------- 6" CURB 61 GUTTER 6" CURB ONLY MEDIAN 3/ AC SWALE REMOVE EXISTING AC BERM 3" PVC ST. LIGHT CONDUIT PEDESTRIAN RAMP SIDEWALK (INCL. GRADE) a) 4" AC/ 12" AB SUBGRADE PREPARATION ADJUST SEWER MH TO GRADE ADJUST WATER VALVE TO GRADE TRAFFIC SIGNAL MODIFICATION MATCH TO EXISTING PAVEMENT OTHER SIGNS PARKWAY CULVERT GUARDRAIL SURVEY MONUMENTS REMOVE BARRICADE PAINTED DETAILS STRIPING SUB-TOTAL CONTINGENCY LF@$ 3,076 LF@$ LF@$ 150 LF@$ 400 LF@$ EA@$ SF@$ 73,891 SF@$ 73,891 SF@$ 6 EA@$ 12 EA@$ LS@$ 1 LS@$ 2 EA@$ EA@$ 700 LF@$ 4 EA@$ 7.50 6.50 5.00 2.00 4.00 250 2.00 1.75 0.15 250 175 1000 220 1800 29 315 = $0 = $19,994 = $0 = $300 = $1,600 = = t: = $129,309 = $11,084 = $1,500 = $2,100 =Not Included = $1,000 = $440 = $0 = $20,300 = $1,260 1 LS@$ 400.00 = $400 8 EA@$ 100 = $800 3,150 LF@$ 0.75 = $2,363 $192,449 10.00% $19,245 ------------ TOTAL STREET IMPROVEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . $211,694 a) These are assumed sections. Actual sections to be determined by the soils engineer. 927 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD ------------------------------------------------------------------ UTILITIES -------------------------------------------------------------- U.G. POWER JOINT TRENCH LF@$ 12 = SOLE TRENCH LF@$ 6 = ;: STREET LIGHTS POLE & SINGLE LUMINARIA EA@$ 1,700 = ENERGY CHARGES EA@$ 150 $: LINE EXTENSION FEE (SFDU) LF@$ 22.37 LINE EXTENSION FEE (MFDU) LF@$ 22.88 = ;: TRENCHING TAX (39%) 1 LS@$ 0 = $0 GAS MAIN EXTENSION FEE LF@$ 16.44 = GAS STUB DEPOSITS EA@$ 334 = $: REFUNDABLE $0 SUB-TOTAL CONTINGENCY 10.00% ------------ TOTAL UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 AMENITIES & SPECIAL CONSTRUCTION -------------------------------------------------------------- MEDIAN AREA HYDROSEED 22,450 SF@$ 0.20 = $4,490 HYDROSEED AREA 47,000 SF@$ 0.20 = $9,400 IRRIGATION METER 1 EA@$ 550 = $550 a) SLOPE LANDSCAPING hydroseed 130,000 SF@$ 0.20 = $26,000 a) FUEL MODIFICATION 0 SF@$ 0.40 = EQUESTRIAN TRAIL 0 LF@$ 0 = SUB-TOTAL $40,440 CONTINGENCY 10.00% $4,044 ------------ TOTAL AMENITIES 61 SPECIAL CONSTRUCTION............. $44,484 a) It is recommended that a landscape architect be consulted. These costs are provided for budgeting purposes only. 928 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD MAINTENANCE STREET CLEANING 73,891 SF@$ 0.02 = $1,478 a) LANDSCAPE MAINTENANCE SF@$ 0.10 = $0 SUB-TOTAL $1,478 CONTINGENCY 15.00% $222 ------------ TOTAL MAINTENANCE $1,699 a) Cost based on $650 per month per acre for 10 months. 929 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD ------------------------------------------------------------------ CONSULTANT FEES t SERVICES -------------------------------------------------------------- a) ENGINEERING/PLANNING/SURVEY UTILITY CONSULTANT PLANNING h ENVIRONMENTAL AERIAL PHOTOGRAPHY SPECIAL STUDIES A.L.T.A. SURVEY PRELIMINARY SOILS REPORT COMPACT. & GRADING CONTROL ARCHAEOLOGIST t PALEO. TRAFFIC CONSULTANT LANDSCAPE ARCHITECT BLUEPRINTS & DELIVERIES LAND ACQUIS. (Condemnation) SUB-TOTAL CONTINGENCY 1 DU@$ 1 LS@$ 1 LS@$ 1 LS@$ 1 LS@$ LS@$ 1 LS@$ 131,355 CY@$ 1 LS@$ 1 LS@$ 1 LS@$ 1 LS@$ 1 LS@$ 10.00% 115000 1,500 40,000 3,000 2,000 0 5,000 0.11 10,000 7,500 5,000 4,500 50,000 $257,949 $25,795 TOTAL CONSULTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $283,744 a) This is not a proposal. Use for budgeting purposes only. 930 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO AVIARA PARKWAY 1,700 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 1) CITY OF CARLSBAD ------------------------------------------------------------------ BONDS/FEES -------------------------------------------------------------- BONDS GRADING/DRAINAGE/EROSION GRADING DEPOSIT PERFORMANCE (2%) R & R BOND RELEASE PLAN CHECK t INSPECTION GRADING IMPROVMENTS EIR DEPOSIT LAND ACQUISITION Sarkaraia (Parcel (A) Right-of-Way Easements Net Damages Fernandes Parcel(B) Right-of-Way Easements Net Damages Hidalgo Parcel (C) Right-of-Way Easements Net Damages Baker Parcel (D) Prorated Right-of-Way Easements Net Damages Rudvalis MITIGATION COSTS SUB-TOTAL CONTINGENCY 0 LS@$ 0 0 LS@$ 0 0 LS@$ 0 1 LS@$ 13,858 1 LS@$ 18,835 LS@$ 0 1 LS@$ 46,864 1 LS@$ 30,574 1 LS@$ 14,408 1 LS@$ 3,846 1 LS@$ 4,098 1 LS@$ 0 1 LS@$ 3,960 1 LS@$ 3,819 1 LS@$ 0 1 LS@$ 15,162 1 LS@$ 4,048 1 LS@$ 5,096 1 LS@$ 1,000 10.00% $8,955 $0 $13,858 $18,835 $0 $46,864 $30,574 $14,408 $3,846 $4,098 $0 $3,960 $3,819 $0 $15,162 $4,048 $5,096 $1,000 In Reach 2 $174,523 $17,452 ------------ TOTAL BONDS/FEES... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $191,975 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD 931 PROJECT: POINSETTIA LANE (REACH 2) DATE: l/14/98 ---------------------------- ----------- CLIENT: CATELLUS JOB#: 1953-4 ---------------------------- ----------- TOTAL ------------ IMPROVEMENTS............................... $396,356 CONSULTANTS... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $225,555 FEES/BONDS................................. $390,110 ------------ T 0 T A L............................... $1,012,021 =======z==== NOTE: This estimate is from a 40 scale improvements plans prepared by Hunsaker C Associates, San Diego. This estimate is for a 102, graded right-of-way with a 18, pavement section on each side of median curb. A 360, pavement transition area was included at the intersection with Aviara Parkway. Land Acquistion costs were estimated; however, actual costs are unknown at this time. HUNSAKER & ASSOCIATES, INC. 10179 Huennekens'Street San Diego, Ca Tel: (619) 558-4500 Prepared by : Terry Allbritain File# [ocplr2r] 932 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF - (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD ------------------------------------------------------------------ GRADING & SITE PREPARATION................. $227,459 SLOPE & EROSION CONTROL.................... $27,632 SANITARY SEWERS............................ $0 STORM DRAINAGE............................. $18,321 WATER DISTRIBUTION......................... $0 ROADWAY IMPROVEMENTS....................... $111,167 UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 AMENITIES 61 SPECIAL CONSTRUCTION........... $10,835 CONSULTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $225,555 MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $943 BONDS/FEES . . . ..*.....*...*................. $390,110 ------------ GRAND T 0 T A L..................... $1,012,021 ------------ ------------ 933 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD ------------------------------------------------------------------ GRADING t SITE PREPARATION CLEAR AND GRUB RELOCATION/RESTORATION POWER a) POWER POLES WATER MAINS MOBILIZATION & CONST. WATER MASS EXCAVATION b) IMPORT c) ALLWIAL REMOVAL (EST.) LANDSLIDE REMOVAL & RECOMP. CANYON SUBDRAIN(6") CANYON SUBDRAIN(8") CONSTRUCTION WATER LOT FINISH & ACCEPTANCE CRIB WALL SUB-TOTAL CONTINGENCY 4.0 AC@$ 800 = LS@$ LS@$ LF@$ 1 LS@$ 41,760 CY@$ 41,105 CY@$ 20,000 CY@$ CY@$ LF@$ LF@$ 61,760 CY@$ EA@$ SF@$ 10.00% 0 13,000 1.75 2.25 1.05 1.10 16.00 16.00 0.07 900 15.00 $3,200 $0 N.I.C. $13,O!i $73,080 $92,486 $21,000 ;: $0 $4,014 g: $206,781 $20,678 ------------ TOTAL GRADING & SITE PREPARATION................... $227,459 a) Assumed no undergrounding of existing overhead power lines. b) Assumes imported dirt could come from adjacent Zone 20 Properties. c) No soils report was available at the time of this estimate. . . f . 934 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD ------------------------------------------------------------------ SLOPE & EROSION CONTROL --------------------------------------------------------------- STABILIZED CONST. ENTRANCE 5,000 SF@$ 0.35 = $1,750 STRAW HAY BALE LF@$ 2.50 = SILT FENCE 170 LF@$ 2.90 = $4:: MODIFIED "'2" DITCH 1,740 LF@$ 9.75 = $16,965 MODIFIED "D" DITCH LF@$ 9.75 = $0 1" AC CAP FOR MEDIAN AREA 12,029 SF@$ 0.40 = $4,812 SAND BAGGING 1 LS@$ 1,100 = $1,100 SUB-TOTAL $25,120 CONTINGENCY 10.00% $2,512 ------------ TOTAL SLOPE & EROSION CONTROL...................... $27,632 SANITARY SEWERS -------------------------------------------------------------- 8" SEWER MAIN LF@$ 17.00 = MANHOLE EA@$ 1,600 = :: R&R PAVEMENT SF@$ 5.00 = JOIN EXISTING EA@$ 1,000 = SUB-TOTAL $0 CONTINGENCY 10.00% $0 ------------ TOTAL SANITARY SEWERS.............................. $0 STORM DRAINAGE PIPE 18 " PIPE RCP 24 " PIPE RCP CUT-OFF WALL CLEANOUT HEAD WALL/WING WALL CURB INLET TYPE "F" CATCH BASIN RIP RAP TIE INTO EXISTING INLET R&R PAVEMENT 135 LF@$ 41.00 LF@$ 55.00 EA@$ 3,000 EA@$ 2,800 1 EA@$ 2,300 2 EA@$ 3,500 EA@$ 2,300 28 CY@$ 65.00 EA@$ 800 SF@$ 5.00 $5,535 t: $2.3:: $7,000 $1.8:: SUB-TOTAL $16,655 I . i * . I * I - 9% PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD CONTINGENCY 10.00% $1,666 ------------ TOTAL STORM DRAINAGE............................... $18,321 936 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD WATER DISTRIBUTION -------------------------------------------------------------- SUB-TOTAL CONTINGENCY 10.00% ------------ TOTAL WATER DISTRIBUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 ROADWAY IMPROVEMENTS -------------------------------------------------------------- 6" CURB 61 GUTTER 6" CURB ONLY MEDIAN 3' AC SWALE MEDIAN PAVING ENHANCED HDRO REMOVE EXISTING AC BERM 3" PVC ST. LIGHT CONDUIT PEDESTRIAN RAMP SIDEWALK (INCL. GRADE) a) 4" AC/ 12" AB SUBGRADE PREPARATION ADJUST SEWER MH TO GRADE ADJUST WATER VALVE TO GRADE TRAFFIC SIGNAL MODIFICATION MATCH TO EXISTING PAVEMENT OTHER SIGNS PARKWAY CULVERT GUARDRAIL SURVEY MONUMENTS REMOVE BARRICADE PAINTED DETAILS STRIPING SUB-TOTAL CONTINGENCY LF@$ 7.50 2,149 LF@$ 6.50 LF@$ 5.00 1,625 SF@$ 0.20 LF@$ 2.00 400 LF@$ 4..oo EA@$ 250 SF@$ 2.00 41,000 SF@$ 1.75 41,000 SF@$ 0.15 EA@$ 250 10 EA@$ 175 LS@$ 1 LS@$ 1000 2 EA@$ 220 EA@$ 1800 LF@$ 29 1 EA@$ 315 LS@$ 400.00 14 EA@$ 100 3,150 LF@$ 0.75 10.00% = = $13,9Z = = $3:: = = $1,6:: = = ,": = $71,750 = $6,150 = $0 = $1,750 =Not Included = $1,000 = $440 = $0 = = $3:: = $0 = $1,400 = $2,363 $101,061 $10,106 ------------ TOTAL STREET IMPROVEMENT........................... $111,167 a) These are assumed sections. Actual sections to be determined by the soils engineer. 937 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION -OM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD ------------------------------------------------------------------ UTILITIES -------------------------------------------------------------- U.G. POWER JOINT TRENCH LF@$ 12 = SOLE TRENCH LF@$ 6 = g: STREET LIGHTS POLE & SINGLE LUMINARIA EA@$ 1,700 = ENERGY CHARGES EA@$ 150 LINE EXTENSION FEE (SFDU) LF@$ 22.37 g LINE EXTENSION FEE (MFDU) LF@$ 22.88 = $0 TRENCHING TAX (39%) 1 LS@$ 0 = GAS MAIN EXTENSION FEE LF@$ 16.44 = s: GAS STUB DEPOSITS EA@$ 334 = REFUNDABLE SUB-TOTAL CONTINGENCY 10.00% ---------e-- TOTAL UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so AMENITIES & SPECIAL CONSTRUCTION MEDIAN AREA HYDROSEED SF@$ 0.20 = $0 HYDROSEED AREA 46,500 SF@$ 0.20 = $9,300 IRRIGATION METER 1 EA@$ 550 = $550 a) SLOPE LANDSCAPING SF@$ 0.95 = $0 a) FUEL MODIFICATION 0 SF@$ 0.40 = $0 EQUESTRIAN TRAIL 0 LF@$ 0 = $0 SUB-TOTAL $9,850 CONTINGENCY 10.00% $985 ------------ TOTAL AMENITIES & SPECIAL CONSTRUCTION............. $10,835 a) It is recommended that a landscape architect be consulted. These costs are provided for budgeting purposes only. 938 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FJROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD ------------------------------------------------------------------ MAINTENANCE --------------------------------------------------------------- STREET CLEANING 41,000 SF@$ 0.02 = $820 a) LANDSCAPE MAINTENANCE SF@$ 0.10 = $0 SUB-TOTAL $820 CONTINGENCY 15.00% $123 ------------ TOTAL MAINTENANCE $943 a) Cost based on $650 per month per acre for 10 months. 939 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD ------------------------------------------------------------------ CONSULTANT FEES 61 SERVICES a) ENGINEERING/PLANNING/SURVEY UTILITY CONSULTANT PLANNING & ENVIRONMENTAL AERIAL PHOTOGRAPHY SPECIAL STUDIES A.L.T.A. SURVEY PRELIMINARY SOILS REPORT COMPACT. & GRADING CONTROL ARCHAEOLOGIST & PALEO. TRAFFIC CONSULTANT LANDSCAPE ARCHITECT BLUEPRINTS & DELIVERIES LAND ACQUIS. (Condemnation) 1 DU@$ 71850 1 LS@$ 1,500 1 LS@$ 40,000 1 LS@$ 2,000 1 LS@$ 2,000 LS@$ 0 1 LS@$ 5,000 70,000 CY@$ 0.11 1 LS@$ 10,000 1 LS@$ 7,500 1 LS@$ 4,000 1 LS@$ 3,500 1 LS@$ 50,000 $71,850 $1,500 $40,000 $2,000 $2,000 $0 $5,000 $7,700 $10,000 $7,500 $4,000 $3,500 $50,000 SUB-TOTAL $205,050 CONTINGENCY 10.00% $20,505 ------------ TOTAL CONSULTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $225,555 a) This is not a proposal. Use for budgeting purposes only. - , * , * . -- - ., -, 9 . 940 PRELIMINARY COSTS BUDGET SUMMARY POINSETTIA LANE INTERIM CONSTRUCTION FROM "A" STREET TO BLACK RAIL ROAD 1,150 LF - OCEAN BLUFF (REFUNDABLE ITEMS REACH 2) CITY OF CARLSBAD BONDS/FEES -------------------------------------------------------------- BONDS GRADING/DRAINAGE/EROSION GRADING DEPOSIT PERFORMANCE (2%) R & R BOND RELEASE PLAN CHECK & INSPECTION GRADING IMPROVMENTS EIR DEPOSIT LAND ACQUISITION Aitchison Parcel (F) Right-of-Way Easements Net Damages San Dieguito N. Bank Parcel (G) Right-of-Way Easements Net Damages Baker Parcel (D) Prorated Right-of-Way Easements Net Damages ENVIRONMENTAL MITIGATION 0 LS@$ 0 = 0 LS@$ 0 = = 0 LS@$ 0 = 1 Ls@$ 7,653 = 1 LS@$ 9,121 = LS@$ 0 = 1 LS@$ 32,279 = 1 LS@$ 3,435 = 1 LS@$ 79,786 = 1 LS@$ 34,950 = 1 LS@$ 9,044 = 1 LS@$ 0 = 1 LS@$ 15,162 = 1 LS@$ 4,048 = 1 LS@$ 5,096 = 1 LS@$ 149500 = $0 $0 $4,572 $0 $7,653 $9,121 $0 $32,279 $3,435 $79,786 $34,950 $9,044 $0 $15,162 $4,048 $5,096 $149,500 SUB-TOTAL $354,646 CONTINGENCY 10.00% $35,465 ------------ TOTAL BONDS/FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $390,110 ORIGINAL FIRST AMENDMENT TO AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF IMPROVEMENTS FOR POlNSElTlA LANE FROM AVIARA PAFtQVA’f-~G+ACK RAIL ROAD _, &;;,$;g ^ ;,yS’g %‘d” (‘,i :I, &Lp~+;W” g,y, ,(,‘:(:, .d&&i$@ ~/$ Ii. i : _I’ .t,. .,__ ._i .;:_ ___ ‘li:_j: ,,; ‘,‘. ;;p ; : ji s:i j?:;‘; ,~$$g~~.: ., <:.::i:,, ,. ,,.Ii 2 /, ,,,,s ‘>_, & ‘ih& certain‘ *areem ment of Poinsettia Lane frim Aviara’{P,a ack Rail ement Agreement”)‘,\ivhich is%corp t oth&ri& &fih&$erein h;iive f@$+$ffe erein by >,I*“ j @ meanings ‘I-,, !‘, aspects of the payment and rei , ,,-&j”i’:i :&$y < I ; .:&y;;? ., ,,>li’;= C. In addition t~~~~~~~~~~~ed p.&&a obligat.o~s.whi";h are the subject of the a:.riy% ;i Reimbursement Agreement, City%@hes~~. O$nar.zto : pex;for#t ‘: Stain corrective action to the +%!r:,..); ‘ .$ 1, / intersection of Aviara Parkway and Pd~~~ettta~~~~~~~v~~~~~Poinse~ia Intersection”), which as designed and constructed by another property owner has a grade differential of approximately seven inches (7”) from Aviara Parkway onto the eastbound Poinsettia Lane and lacks a proper transition area (for which additional right-of-way must be acquired). D. Owner has no obligation to perform any corrective action on the Aviara/Poinsettia Intersection under Owner’s existing Tentative Map or other approvals relating to its Amended Project. However, as an accommodation to City, and because it is in City’s best interests to ensure timely corrective action is taken, Owner does wish to ensure that the intersection is opened to traffic as soon as possible. In addition, Owner’s contractors are already mobilized and constructing Reach #I and Reach #2 of the Aviara/Black Rail Segment described in the Reimbursement Agreement. Accordingly, and subject to the terms and conditions of this Amendment, Owner is willing to take steps to open the Aviara/Poinsettia ‘I . - Intersection to traffic, either (i) by having its contractor construct all the improvements involved in the full Intersection Correction, as depicted in detail on City-approved Drawing No. 327-9-C (“Final Intersection Correction”), if City timely obtains the necessary plans and right-of-way, or (ii) by doing a grade transition correction to provide interim access (“Temporary Intersection Correction”), to serve until such time as City itself is able to construct all the improvements involved in Final Intersection Correction. The term “Intersection Correction” is used in this Amendment to refer to either the Final or the Temporary Correction, whichever Owner actually performs pursuant to Paragraph 1 below. THE PARTIES AGREE: i,.‘. ,.’ ,):: : ,’ ., 1. Aviara/pojnseflfa; Inters~~jo~;!~~~~rection (a) Subject to the conditions ,pre&edent in Subparagraph 1 (b) below, and in consideration of the reimbursement described below and other covenants of City herein, Owner agrees to have its contractors construct all the improvements involved in the Final Intersection Correction, i.e, those itemsshown on City-approved Drawing No. 327-9-C. W The conditions precedent to Owner’s obligation to do the Final Intersection Correction (“Final Correction Conditions”) are: (i) City shall have acquired, at its sole expense, all right-of-way necessary for the PoinsettWAviara transition; (ii) City shall have obtained any environmental clearances and/or habitat take permits incident to the Final Intersection Correction; (iii) City shall have caused O’Day Consultants (“O’Day”) to release the City-approved plans for the Final Intersection Correction (“Approved Plans”), both hard copy and in digital format for use by Owner’s Engineers Hunsaker & Associates (“Hunsaker”); and (iv) City shall have provided written confirmation that O’Day remains as engineer of record for the Final Intersection Correction, notwithstanding that Hunsaker will’ be doing construction staking and certain other activities in connection with the Intersection Correction. City acknowledges that if Owner is to do the Final Intersection Correction, the Final Correction Conditions must be satisfied very soon, to permit Owner to amend its existing contracts while already mobilized for the construction of the Aviara/Black Rail Segment. Accordingly, if the Final Correction Conditions have not beensatisfied,by April 30, 1999, then Owner shall have no further obligation hereunder with respect to the Final Intersection Correction, and City shall be solely responsible for accomptishing the Final Intersection Correction without cost or participation by Owner. If the Final Correction Conditions have been satisfied by April 30, 1999, then Owner shall perform the Final Intersection Correction on a fully reimbursable basis and the provisions of Paragraphs 2 and 4 below shall apply. (cl Notwithstanding the foregoing, if the Final Correction Conditions have not been satisfied by April 30, 1999, then Owner shall also have the right (but not the obligation), exercisable on written notice (“Interim Correction Notice”) delivered to City at any time prior to City’s commencement of the Final Intersection Correction, to perform the Temporary Intersection Correction, on a partially reimbursable basis as set forth herein. In such event, the provisions of Paragraphs 3 and 4 below shall apply. 2. Provisions Applicable to Final Intersection Correction. If Owner should perform the Final Intersection Correction pursuant to Paragraph l(a) above, then the following provisions shall apply: (4 Neither Owner nor Hunsaker shall have any liability for the Approved Plans, and City shall not require Owner to enter into any indemnity agreement or other arrangement that might have been imposed on a property owner or developer that was required to do the Final Intersection Correction and/or was responsible for preparation of the Approved 2 i ‘. Plans. City shall indemnify, defend and hold Owner harmless from any claim by O’Day relating to Owner’s use of the Approved Plans, and from any claim, loss or liability in connection with the design or construction of the Final Intersection Correction. lb) Owner shall cause Hunsaker to do an as-built report for the purpose of showing what was actually constructed on the ground, but preparation of the as-built report shall not impose any liability on Owner or Hunsaker for the design of the intersection or be deemed any evaluation or representation by Owner or Hunsaker as to the adequacy of the design, and Hunsaker shall not be required to become the engineer of record of the Intersection Correction. (4 City shall install the, traffidsignal aMhe AviartiPoinsettia Intersection, and if Owner does do the Final Intersection Correction, Owner’s only construction obligation with respect thereto will be installation of one or more sleeves for electrical circuits beneath the intersection pavement. (d) City will-.!be responsible for any costs associated with right-of-way acquisition, environmental approvals, acquisition of the Approved Plans, and retaining O’Day or another engineer to prepare as-built plans and otherwise act as engineer of record for the Final Intersection Correction. (e) Owner shall have no obligation to obtain competitive bids or otherwise comply with City competitive bidding procedures, and may contractfor work,by initiating change orders to existing contracts relating to the AviaraIBlack Rail Segment or any other aspect of the Amended Project, or by whatever other means Owner deems reasonable to accomplish the Final Intersection Correction as quickly as practicable. u 1 Owner shall have no obligation to provide bonds or other improvement security with respect to the Final Intersection Correction. (9) Once Owner does commence the Final Intersection Correction, and subject to City compliance with its obligations hereunder, Owner shall diligently pursue the same through to completion, 0-G If the Final Correction’ Conditions have not been satisfied by April 30, Owner shall have no further obligation or responsibility with respect to the Final Intersection Correction, and City shall thereafter be responsible for completing the work, at its expense or through another property owner or developer, as soon as practicable thereafter. City acknowledges and agrees, in this regard, that the need for the Final Intersection Correction has been recognized for more than eighteen (18) months, and that completion of the intersection is of material importance to the success of Owner’s residential development project. 3. Provisions Applicable to Temporary Intersection Correction. If Owner should elect at its sole option to perform the Temporary Intersection Correction pursuant to Paragraph 1 (c) above, then the following provision shall apply: (a) The Temporary Intersection Correction shall consist of taking such actions as are necessary to minimally prepare the intersection for interim access to Poinsettia Lane eastbound. (b) Promptly following receipt of the Interim Correction Notice, City shall meet with Owner with a view toward issuing, within ten (10) days after delivery of the Interim Correction Notice, all approvals and permits necessary for Owner to commence the Temporary 3 Intersection Correction Implementation. City shall expedite processing to the maximum extent possible to meet this schedule. (c) Owner shall have no obligation to obtain competitive bids or otherwise comply with City competitive bidding procedures, and may contract for the work by initiating change orders to existing contracts relating to the Aviara/Black Rail Segment or any other aspect of the Amended Project, or by whatever other means Owner deems reasonable to accomplish the Temporary Intersection Correction as quickly as practicable. 4. Reimbursement for Intersecti~n~ar~orrection Work. All costs and expenses by Owner in connection with the Final Intersection Correction shall be reimbursable as set forth below. Only those costs and expenses incurred by Owner in connection with the Temporary Intersection Correction which relate to work that would also be required for the Final Intersection Correction, i.e., work shown on the,Approved Plans that will not be removed when the Final Intersection Correction is actually installed, shall be reimbursable as set forth below; other costs and expenses associated with the Temporary Intersection Correction will be non- reimbursable and be borne by Owner at its sole cost. (4 Costs and expenses incurred by Owner in connection with the Intersection Correction which are reimbursable. rReinibursable Intersection Expenses”) shall include without limitation each of the following: all construction costs; al! costs incurred for legal counsel, engineers and other consultants in connection with this Amendment; civil engineering; soils and geotechnical consulting and engineering; field supervision; traffic control; an amount determined as one and 8110 percent (1.8%) of the total of all Reimbursable Intersection Expenses, as an allowance to cover the allocable portion of premiums paid by Owner for blanket liability insurance coverage insurance; and an overhead allowance of four percent (4%) of all other actual Reimbursable Intersection Expenses. Owner’s estimate of Reimbursable Intersection Expenses for the Final Intersection Repair is attached as Exhibit A. (b) Owner may submit Reimbursement Requests for Reimbursable Intersection Expenses to City from time to time, and shall be accompanied by the supporting documentation required under the Reimbursement Agreement. Owner’s Reimbursement Requests shall be processed by the Auditing Engineer as outlined in the Reimbursement Agreement. All costs of the Auditing Engineer shall be paid directly by City. (4 The Auditing Engineer shall review Reimbursement Requests for Reimbursable Intersection Expenses and the payment records submitted in connection therewith, and shall within thirty (30) days after receipt thereof issue to City and Owner a report either accepting Owner’s submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by Owner using the dispute resolution procedure of Paragraph 6 of the Reimbursement Agreement. (4 Following approval by the Auditing Engineer, all Reimbursable Intersection Expenses, including without limitation the overhead allowance, shall be paid by City within thirty (30) days. Payment shall be made by check issued by City, and Owner shall have no obligation to accept fee credits or other non-cash payment mechanism. (e) City shall identify and reserve B&TD #2 funds in an amount sufficient to make payment for all Reimbursable Intersection Expenses. 5. Modifications Reqardinq Existinq Aweement. (a) Owner shall not be required to install final landscaping along any portion of the Aviara/Black Rail Segment of Poinsettia Lane outside of the Amended Project, notwithstanding that the current approved landscape plans, City-approved Drawing No. 360-36, reflect such landscaping. Owners shall be entitled to amend the current plans to provide only for reimbursable erosion control planting. (b) In modification of Paragraph Z(e) of the Reimbursement Agreement, the parties agree that Owner’s overhead allocation;% the amount of four percent (4%) of actual Reimbursable Expenses shall be subject’to payment by City on exactly the same basis as any other Reimbursable Expense; Owner’s overhead allocation shall not be in the form of a credit against B&TD #2 fees otherwise payable in connection with the Amended Project. (c) City acknowledges Owner’s interest in,providing secondary access to the Amended Project pending completion of the Final Intersection Correction, and agrees to accept a turnover of portions of Reach #2 as necessary to provide such secondary access, notwithstanding that the entire Reach #l has not been completed. 6. Other Provigions. (a> This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. (b) Except as modified hereby, all provisions of the Reimbursement Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above. OWNER: CATELLUS RESIDENTIAL GROUP, APPROVED AS TO FORM: RONALD R. BALL, City Attorney &z&tar+ City Attorney +Y=/ 70. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California OPAt# > SS. County of On APRII ra. 1994 , before me, !%a A ~otMI5~ti&f&f~ , NOTAPY pO8UC , ate Name and Title of Gffwr (e.g., “Jane Doe. Notary Public”) personally appeared PEXEfZ ‘I: ~AuE~~R ., BIUXE T. LEtiM~t4 Name(s) of Signer(s) @personally known to me C 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-t&&e/they executed the same in hiclhnrltheir authorized capacity(ies), and that by +#tMtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above Signature of Notafiublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): q Partner - q Limited q General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 Nabonal Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No 5907 Reorder: Call Toll-Free l-800-876-6827 EXHIBIT “A” Cost Estimate for Corrections to Aviara Parkway Improvements Work Item Description Cost Estimate Demolition 9,780 Rough Grading 5,000 Storm Drains 13,700 Drainage Devices 1,500 Paving 45,203 Curb and Gutter 10,840 Signal Conduit 1,000 Traffic Control/Signs/Barricades 8,500 Contingency (12%) 12,135 Total Construction Cost $ 107,658 Engineering/Construction Staking 6,100 Liability Insurance (1.8%) 1938 Developer’s Overhead (4%) 4304 Total Project Cost $ 120,000 . . l I CATELLUS RESIDENTIAL GROUP, INC. SECRETARY CERTIFICATE RESOLVED, that Peter Lauener in is capacity as Vice President is authorized for, on behalf of and in the name of Catellus Residential Group, Inc. (the “Corporation”), to sign the Poinsettia Lane and Aviara Parkway Intersection Reimbursement Agreement, and all other related documents and agreements for The City of Carlsbad. The execution of such agreements and documents by him shall be conclusive evidence of full Corporate approval thereof. IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary of said Corporation and have caused the corporate seal of the corporation to be hereunto affixed this gth day of April, 1999. April 29,1999 Peter Lauener Catellus Residential Group 5 Park Plaza, Suite 400 Irvine, CA 92714 FIRST AMElriDMES(li i0 REIMBURSEMENT AGREEMENT FOR COSTS FOR -l CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA LANE, ETC. ETC. Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,147, and Resolution No. 99-136. These documents went before the City Council on April 20, 1999, when the Resolution was adopted, approving the amendment to an existing agreement with your agency. Also enclosed is a fully executed copy of the Amendment for the above referenced agreement. If you have any questions regarding your project, please call Mr. Dave Hauser, Engineering Department, at: 438-l 161. a.l+ 3.. ,. 7-r . Kgthleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 l (760) 434-2808 a9