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HomeMy WebLinkAboutCT 93-09; Catellus Residential Group Inc; 1998-0617942; Reimbursement Agreement/Releasea B 0 4 - City of Carlsbad January 20, 1999 Catellus Residential Group Attn: Brian J. Milich 5 Par Plaza, Suite 400 Irvine, CA 92014 RE: AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT; CMWD PROJECT NO. 89-505 AND CITY PROJECT NO. 3661 AND 3662. Enclosed for your records are copies of the Carlsbad Municipal Water District Agenda Bill No. 433, and Resolution No. 1038. These documents went before the CMWD Board of Directors on January 5, 1999, when they were approved. Also enclosed is a copy of the fully executed “Amendment No. I”, which is for additional work to furnish and install more recycled waterline and appurtenances. If you have any questions regarding the amendment, please call Sandy Schuck, in the CMWD Engineering Department, at (760) 438-2722, extension 71 25. 4~L-dL6yp Kathleen D. Shoup Sr. Ofke Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 0 (760) 434-2808 1 6 ?q q! F? 4 JJ 9, q & il$ ia ' a 3135 .-!--a 2F-2 -< c<8-L8-. 0 $-&&a *&8&y -&-*T;-y X-J-ZiQ RECORDING REQUESTED BY: City of Carlsbad WHEN RECORUED, PLEASE MAIL TO: ?$ City Clerk l(t/ City of Carlsbad ' 1200 Carlsbad Village Drive df' Carlsbad, California 92008 iJ Please record the documents at no fee as it is to the benefit of the District (Gov. Code [6103]. AMENDMENT NO. 1 TO AGREEMENT This Amendment No. 1 (this "Amendment") is entered into and effective as of the - day of Januaw, 1999, amending the original agreement, recorded on September 22. 1998, as Doc 1998-0617942 of Official Records, by and between the Carlsbad Municipal Water District, a Put organized under the Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, referred to as "District", and Catellus Residential Group, Inc., hereinafter referred to as, ''Contra( construction of Dotable water and recvcled water transmission mains in Poinsettia Lane from AviE to Black Rail Road, CMWD Project No. 89-505, CIP Proiect 3661, 3662 (the "Oriqinal Aqreement") RECITALS WHEREAS, the Original Agreement, dated SeDtember 22. 1998, identified a scop the construction of potable water and recvcled water transmission mains in Poinsettia Lane Parkwav to Black Rail Road. CMWD Proiect No. 89-505, CIP Proiect 3661, 3662; and WHEREAS, the parties to the Original Agreement desire to alter the scope of k Contractor will .furnish and install an additional 2,754 linear feet of twentv four (24") inch-3/16" reclaimed waterline and appurtenances (the "Additional Work"); and (CT93-09. Proiect 89-505) 0 3106 0 it t r* WHEREAS, a supplemental scope of work and preliminary cost schedule have been ne1 t- and agreed to lietween the parties hereto, and shown on Exhibit "A' attached hereto; IVOW THEREFORE, in consideration of these recitals and the mutual covenants cc herein, the Disirict and Contractor agree as follows: 1. Contractor shall perform the Additional Work (including the installation of the improi described on Exhibit "A). 2. District shall pay Contractor for the performance of the Additional Work in the same and under the same terms and conditions as set forth in the Original Agreement (including 4 perce overhead allocation) for the construction of the "IJtility Improvements" described therein, not-to $1 75,050.37 (the ''Preliminary Cost Estimate"). The Additional Work shall be included in calculatioi "Mobilization Payment" under the same terms and conditions as set forth in the Original Agrc Contractor shall provide District, copies of "Work Documentation" (as defined in the Original Agrc related to the Additional Work for approval by District. Notwithstanding anything herein to the contrary, In the event that during the course of comp the Additional Work Contractor anticipates that the cost to complete the Additional Work will exc Preliminary Cost Estimate, (a 'Cost Overrun"), Contractor shall notify the District of such Cost Ove approval by the District of payment of same, which approval shall not be unreasonably withheld, con( or delayed. If the District fails to approve payment for any Cost Overrun, Contractor shall not be oblir complete the Additional Work, and the District shall have no right to withhold any payments to Contra( respect to previousfy - completed work, nor the right to withhold any approvais requested by Contractc on failure to complete the Additional Work. 1. Contractor shall complete the Additional Work in the time and manner provide( Original Agreement. 2. Except as expressly modified hereby, the terms and provisions of the Original Ag entered into on September 22, 1998, by and between District and Contractor shall remain in full fc effect. Rev. ' 0 3109 + 1 .’ 3. All requisite insurance policies to be maintained by the Contractor shall include cove the Additional Work (under the same basic terms as such coverage in maintained for the installatio Utility Improvements under the Original Agreement. Acknowledged and Accepted: CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTF CATTELLUS RESIDENTIAL GROUP, INC., ,i’ --~ (sign here) ATTEST: STEPHEN J. MILLER, Assistant Secretary (print namehitle (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only on signs, the corporation must attach a resolution certified by the secretary or assistant secretary under c( seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL General Counsel By: Rev. 1 3108 .- 0 0 1- 6, -. ~ ?: I STATE OF CALIFORNIA 1 \ ss. COUNTY OF f'.,< r&5yjC- J t \qy) before mexck, Qc-cc,- 3. (-$\ 3 pb.JbL\ \ \\t&\.ch-Y '\ \Q&c NAME AND TITLE 0" OF&ER onh t-bx j/, DATE '- personally appeared p personally known to me - 8R - l pro-- to be the person(! name(s) %@subscribed to the within instrument and acknowledged to me that %/&@ executed the %/k@ authorized capacity(ies), and that by %/t$$r/@ignature(s) on the instrument the person(s), or t upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 4pLl/4 4 4&kL (This area for official notary seal.) SIGUATURE OF )@'TAR7 '' Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 89-505 06/14 -* * 0 0 3109 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I personally appeared to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Though the information below IS not required by law, it may prove valuable to persons relying on the document ttached Document Document Date: Number of Pages. Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer C Corporate Officer - Title(s). C Partner - 7 Limited C Gen 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313.2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6 e 0 3110 -* a a* (* EXH I BIT "A" SCOPE OF WORK and PRELIMINARY COST SCHEDULE Additional work to furnish and install 2,754 linear feet of twenty four (24") inch of 3/16" ( reclaimed waterline and appurtenances. Poinsettia - Reclaimed Water __ CCI Code: 44-0002 Amount DescriDtion -..- Unit Cost -- Total 2,754 If 24" - 3/16" Steel CML&C Pipeline 53.55 147,47 1 ea 4" Blowoff Assembly (per W-I 1) 2,250.00 2,25 1 ea 4" Manual Air Release (per W-I 1) 2,150.00 2,15 1 ea 8" Gate Valve 645.00 64 1 ea 2" Blowoff Assembly (per W-6) 1,050.00 1,05 1 ea 2" Manual Air Release (per W-6) 880.00 88 2 ea Raise Valves to Grade 175.00 35 159,13 Contingencies 10% 1591 Total Cost 175,05 1 ea 24" Butterfly Valve 4,335.00 4,33 Total Cost - Not to Exceed Rev. ' 0 3111 0 ..-* . - .1 . *- -. 1 CATELLUS RESIDENTIAL GROUP, INC. SECRETARY CERTIFICATE RESOLVED, that Brian Milich in his capacity as Vice President and Stephen Muller in his capacity as Assistant Secretary are authorized for, on behalf of and in the name of Catellus Residential Group, Inc. (the “Corporation”), to sign Amendment No. 1 to the Deep Sewer and Water Reimbursement Agreement for the Carlsbad Municipal Water District, and all other related documents and agreements. The execution of such aqreements 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 th hereunto affixed this 11 th day of December, 1998. - September 25, 1998 Catellus Residential Group Attn: Brian J. Milich 5 Par Plaza, Suite 400 Irvine, CA 92014 RE: REIMBURSEMENT AGREEMENTS FOR PROJECT NO. 89-505 Enclosed for your reference are copies of Agenda Bill No. 14,457, adopted Council Resolution No. 98-31 5, and Water District Resolution No. 1026, which went before the Carlsbad City Council and the Water District Board of Directors on September 22, 1998. Also enclosed is a copy of the fully executed “Reimbursement Agreement with the Catellyus Residential Group for the Construction of Potable Water & Recycled Water Transmission Mains in Poinsettia Lane. . .Project 89-505”, and a copy of the fully executed “Reimbursement Agreement with the Catellyus Residential Group for the Construction of a Deep Sewer within Poinsettia Lane. . .Project 89-505.” Both of these agreements were sent to the San Diego County Recorder‘s Office for recordation on September 25, 1998. If you have questions regarding either of these two agreements please call Mr. William Plummer, in Water District Engineering Department, at (760) 438-2722 extension 71 26. . %AL -- c 5-c LC. - > \ -y9x,‘&r ---A I KATHLEEN D. SHOUP Sr. Office Specialist - 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 * (760) 434-2808 I Tq C { e e P SEP 283 1998 3Z4T FFICTAL R€@R05 %!I DEEGO M)tJWTf RECORER'S OFFICE GKEOR! J. SMETHp CMTf RECUK8EF: m':: 34.00 RECORDING REQUESTED BY: ,-5 439 :'','\,e.! .d\i City Clerk WHEN RECORDED, PLEASE MAIL TO: \i p;; I City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the documents at no fee as it is to the benefit of the District (Gov. Code [6103]. 1 \@ Space above this line for Recorc AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF WATER AND RECYCLED WATER PIPELINE IMPROVEMENTS WITHIN POINSETTIA LANE FROM AVIARA PARKWAY TO BLACK RAIL ROAD THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF WATER AND RE( WATER PIPELINE IMPROVEMENTS WITHIN POINSETTIA LANE FROM AVIARA PARKWAY TO BLACK RAI dated as of September 22, , 1998, ("Agreement"), is made at Carlsbad, California, between CA RESIDENTIAL GROUP, INC., a California corporation ("Catellus"), and the CARLSBAD MUNICIPAL WATER Dl a municipal water district formed pursuant to the Municipal Water District Act of 191 1 (Water Code tj 7,000 et sel Subsidiary District of the City of Carlsbad, ("District"), with reference to the following: RECITALS A. Catellus holds fee title to that certain real property in the City of Carlsbad, County of San Diego, California, as more particularly described on Exhibit "A attached hereto and incorporated herein by this refer€ "Property"), which Catellus has in the past sought to develop as a residential subdivision (the "Project") as contc by Tentative Map CT 93-09 (the "Tentative Map") and Amended Tentative Map CT 93-09A (the "Amended . Map"). The Planning Commission for the City of Carlsbad (the "City"), by Planning Commission Resolution I\ 4319, and 4320 recommended approval of the Amended Tentative Map on June 17, 1998. The City Council has the Planning Commission's recommendations and conditions pursuant to City Council Resolution No. 96-1 17 app April 2, 1996, and City Council Resolution No. 98-255 approved on July 28, 1998. Rev. ( (CT 93-09, Proj. 89-505) .* 0 0 440 6. By separate agreement with the City of Carlsbad, Catellus has agreed to construct Poinsettia La1 Aviara Parkway to Black Rail Road in which Utility Improvements will be placed. C. One of the conditions of approval of the Amended Tentative Map for the Project, portions of Condi requires Catellus to construct water and recycled water pipelines within portions of Poinsettia Lane from Aviara F to Black Rail Road. D. District and Catellus desire to provide for construction of the Utility Improvements simultaneoui Poinsettia Lane from Aviara Parkway to Black Rail Road as defined below. E. The "Utility Improvements" shall include the following: (1) Two (2) potable water mains within Poinsettia Lane (the "Potable Water Lines") whi consist of (A) approximately two thousand seven hundred lineal feet (2,700') of sixteen-inch (16") steel water m (the "1 6-inch line"), and (B) approximately two thousand seven hundred lineal feet of twenty-four-inch (24") st€ main pipe (the "24-inch line") as set forth on Exhibit "B"; and (2) One (1) reclaimed water main within the Poinsettia Lane (the Reclaimed Water Line) wh consist of approximately two thousand seven hundred seventy-five feet (2,775') of eight-inch (8) PVC reclaim1 main pipe, as set forth on Exhibit "B". D. District and Catellus recognize that the Utility Improvements include work which exceeds the neec Project. Catellus agrees to construct or cause the construction of the Utility Improvements, provided the District i reimburse Catellus on a progress payments basis as set forth in this Agreement. E. The Construction of the Utility Improvements are collectively referred to herein as the "Work". F. Catellus has requested reimbursement from the District pursuant to the Subdivision Map Act an( Ordinance No. 26 for the cost of constructing the Utility Improvements. G. District and Catellus intend that this Agreement satisfy the requirements of Government Code § 6648 NOW, THEREFORE, the good and valuable consideration, the receipt and sufficiency of which i acknowledged, the parties hereto hereby agree as follows: 1. CATELLUS OBLIGATIONS. In consideration of District's reimbursement and other undertakings as set forth herein, Catellus i construction and install the Utility Improvements (which is referred to here as the ["Work]). 2 Rev. ( 0 0 431 .. 2. D I STR I CT 0 B L I GAT I 0 N S . In the event that Catellus performs the Work for any reason whatsoever, including, without limitation, to sat condition of approval in connection with the Amended Tentative Map, the District shall reimburse Catellus an amo "Reimbursement Amount") equal to (I) the cost of the Work (the "Actual Cost"), I>Ius, (ii) an overhead allocation percent (4%) of the Actual Cost in lieu of other reimbursement for Catellus' cost incurred for salary and benefits fot Catellus' home offices, purchasing department expenses, supervision above the level of on-site superintendent, corporate, legal, and accounting fees, the cost of borrowed funds, insurance and bond premiums, expenses for 17 with and presentations to governmental agencies which issue permits or otherwise regulate project approval, (collc the "Overhead Costs"). The Actual Construction Cost shall include all costs associated with the installation of the Water Lines and Recycled Water Line, including, without limitation, costs of testing, surveying, inspectic construction, and any and all other associated costs necessary for the timely construction and implementatio Potable Water lines and the Recycled Water Line. 3. CONTRACTOR BUDGET; INVOICES. (a) The Work shall be performed by a licensed contractor or sub-contractor (the "Contractor") self Catellus (which Contractor shall be selected after receipt of bids from no fewer than three (3) contractors). The Cc shall submit a pro-forma budget estimating the Actual Cost of the Work (the "Budget"). Catellus shall ins Contractor to prepare and deliver to Catellus duplicate copies of all periodic and final invoices for labor and materi in the performance of the Work. (b) During the performance of the Work, Catellus shall retain detailed payment and records and documer items related to the Water Improvement for use by the District in auditing Catellus' reimbursement reques documents shall include copies of plans, specifications, engineer's cost estimates, bids received, contracts, orders, invoices, payment slips, canceled checks (front and back), lien releases and other documentation (collect "Work Documentation") reasonably required by the District to evidence the completion and payment for e comprising the Work. (c) Catellus shall forward one copy of each invoice submitted to Catellus by Contractor, to the "District E together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor': The District Engineer shall confirm and approve the Reimbursement Amount based upon the components of Act1 set forth in Section 2.8. of this Agreement. If the District Engineer objects to any items comprising the Reimb Amount, the District Engineer shall notify Catellus within ten (IO) days of receipt of all invoices forwarded by Failure to so notify Catellus shall be deemed the District Engineer's approval of such invoices. In the event th 3 Rev. ( 44L .. 0 0 Engineer does object, Catellus and the District Engineer shall meet to discuss the disputed amount (at which time shall make available all of the Work Documentation) and attempt to resolve the matter through good-faith negotiati (d) Prior to the submission of the District Engineer of the final invoices, Catellus shall obtain nece appropriate lien releases from the Contractor, and shall obtain from the City, the District, and any and all apl governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of t and the ability to put the Potable Water Lines and the Reclaimed Water Line into use. The date Catellus receives lien releases, approvals, and certificates shall be deemed the date of completion of the Work (the "Completion Dat 4. REIMBURSEMENT SCHEDULE. 4 (a) Upon selection of the Contractor and the Contractor's commencement of the Work (which comme shall be deemed to occur upon the issuance to the Contractor of any permits necessary to begin the Work), tht shall remit to Catellus a payment equal to twenty-five percent (25%) of the estimated Actual Cost set forth in tht (the "Mobilization Payment:"). The Mobilization Payment shall be deemed an off-set against, and not in additio total Reimbursement Amount owing upon completion of the Work. (b) The District shall thereafter remit the entire outstanding Reimbursement Amount to Catellus L Completion Date. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 4 Rev. ( 443 .. 0 0 5. NOTlC E. Unless otherwise specifically provided herein, all notices, demands or other communications given ht shall be in writing and shall be deemed to have duly delivered upon personal delivery, or by Federal Express (c reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or i second business day after mailing by United States certified mail, return receipt requested, postage prepaid, addn follows: If to Catellus: 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 Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Attention: Mr. Robert J. Greaney, General Manager or to such other address or to such other person as any party shall designate to the others for such purpose in thc set forth above. 6. MISCELLANEOUS. If to District: (a) Entire Aureement. This Agreement contains the entire agreement between the parties with respe matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written) beb parties with respect to the matters set forth herein. (b) Amendment. This Agreement may be modified only in writing signed by both parties. (c) Successors and Assiuns. This Agreement shall be binding upon and inure to the benefit of each [ their respective heirs, personal representatives, successors and assigns. (d) No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any indi' entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit. (e) Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by i competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof. 5 Rev. ( e 444 e .. (f) Governina Law. This Agreement shall be governed by, and construed in accordance with, the law State of California. (9) Counterparts. This Agreement may be executed in any number of counterparts, each of which deemed an original, but all of which, taken together, shall constitute one and the same instrument. (h) Term. This Agreement shall be effective as of the date hereof, and shall terminate on the earlier of (I) the District fully reimburses the Catellus the Reimbursement Amount, or (ii) January 1, 201 5. (i) Disputes; Claims. If a dispute should arise regarding the performance or interpretation of this Agreen following procedure shall be used to resolve and question of fact or interpretation not formally resolved by the Such questions, if they become identified as a part of a dispute among persons operating under the provision Agreement, shall be reduced to writing by the principal Catellus or the District's General Manager (General Man; copy of such documented dispute shall be forwarded to both parties involved along with recommended me resolution which would be of benefit to both parties. The General Manager, or principal, upon receipt, shall rep letter, including a recommended method of resolution, within ten (IO) days. If the resolution thus obt unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the Board of Directors resolution through the office of the Executive Manager. The Board of Directors may, but is not obligated to re: dispute. If the Board of Directors considers the dispute, and directs a solution, the action of the Board of Directors binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies to them at law. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 6 Rev. ( .< 0 e 445 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the ( above written. "Catel I us" "District" CATTELLUS RESIDENTIAL GROUP, INC., a California CARLSBAD MUNICIPAL WATER DISTR Corporation ATTEST: By: (sign dM here) (SEAL) Stephen J. Muller, Assistant Secretary (print namehtle (Proper notarial acknowledgment of execution by Catellus must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer s corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowc officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: 7 Rev. ( 436 0 e STATE OF CALIFORNIA 1 1 ss. COUNTY OF b$ch?y. ) 0 personally appeared to be the person6 name(s)Y& subscribed to the within instrument and acknowledged to me that - the executed the Hhauthorized I capacity(ies), and that by@/eignature(s) on the instrument the person(s), or t upon behalf of which the person(s) acted, executed the instrument. wersonally known to me- - i7 P5 WITNESS my hand and official seal. (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 89-505 06/14 4 (0 7 W EX H I B IT "A" .\ m Legal Description of Ocean Bluff Property CARLSBAD TRACT 93-09 BEING A SUBDIVISION OF THAT PORTION OF SECTION 22, TOWNSHIP 12 RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAL STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS PARCI RECORDS OF SAN DIEGO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABLIS RECORD OF SURVEY MAP NO. 12096, FILED IN THE OFFICE OF THE COUNTY RECORDER, MARCH 2 SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE WITH CAP STAMPED "L.S. 3189 1/2M AHR 1979"; ' ALONG THE EAST LINE OF SAID LOT 3 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP NC SOUTH OIo29'12" EAST (SOUTH OI"28'59" EAST PER R OF S 12096), 1056.64 FEET OF THE SOU CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY % INCH IRON PIPE MARKED "R.C.E. E SHOWN AND ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86O57'41 (NORTH 86O57'35" WEST PER R OF S 12096), 663.55 FEET TO AN ANGLE POINT OF SOUTHERLY LINE LOT 3 BEING MARKED BY A 2 INCH IRON PIPE STAMPED "L.S. 2821" AS SHOWN AND DESCRIBED ( RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86"53'40" WEST, 663.62 FEET (NORTH 86O53'31 663.69 FEET PER R OF S 12096) TO A 2 INCH IRON PIPE STAMPED "L.S. 2821" ESTABLISHING THE SOU'. CORNER OF SAID LOT 3 PER RECORD OF SURVEY MAP NO. 12096; THENCE ALONG THE WESTERLY ' SAID LOT 3 AS ESTABLISHED PER RECORD OF SURVEY MAP NO. 12096 (SAID LINE ESTABLISHED B\r INCH IRON PIPE AND % INCH IRON PIN AS SHOWN ON R OF S 12096), NORTH OI"43'58" WEST OI"43'45" WEST PER R OF S 12096), 997.78 FEET TO A POINT OF THE NORTH LINE OF SAID SECl THENCE ALONG SAID NORTH LINE, SOUTH 89O28'34" EAST, 1328.08 FEET (SOUTH 89"28'21" EAST, FEET PER R OF S 12096) TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF, IF ANY, LYING NORTH OF THE SOUTH BOUNDAI OF RANCHO AGUA HEDIONDA, AS SAID SOUTH LINE WAS ESTABLISHED MAY 5, 1913, BY DECREE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAT C ACTION NO. 16830 ENTITLED KELLY INVESTMENT COMPANY, A CORPORATION, VS. CLARENCE [ HILLMAN AND BESSIE OLIVE HILLMAN. CERTIFCATE OF COMPLIANCE RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106631 OF C Rev. C ., b - * ? CATELLUS RESIDENTIAL GROUP, INC. 448 SECRETARY CERTIFICATE RESOLVED, that Brian Milich in his capacity as Vice President and Stephen Muller in his capacity as Assistant Secretary are authorized for, on behalf of and in the name of Catellus Residential Group, Inc. (the ‘Corporation”), to sign the Deep Sewer and Water Reimbursement Agreement for the Carlsbad Municipal Water District, 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 of the corporation to be hereunto affixed this 14th day of September, 1998.