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HomeMy WebLinkAboutRancho Carlsbad Owners Association Inc; 2016-03-11;SETTLEMENT AGREEMENT REGARDING FLOOD CHANNEL DISPUTE THIS SETTLEMENT AGR~MENT REGARDING FLOOD CHANNEL DISPUTE ("Agreement") is made this If__ day of ~ , 2016 ("Effective Date") by and between the City of Carlsbad ("City") and Rancho Carlsbad Owners Association, Inc., a California nonprofit mutual benefit corporation ("RCOA"). RECITALS A. RCOA manages, maintains, and operates that certain community commonly referred to as Rancho Carlsbad Mobilehome Park, located at 5200 El Camino Real, Carlsbad, California (the "Community"). The Community consists of 504 individual units or lots upon which are placed manufactured homes. B. Portions of the Community are or have been classified as being within the regulatory 100 year flood plain pursuant to the Federal Emergency Management Agency 100 year flood map dated May 16, 2012 ("Flood Plain"). Through various methods, many of the individual units have previously been removed from the Flood Plain designation; however, 166 units remain designated as being within the Flood Plain. C. The Community has identified 166 units which continue to be designated within the Flood Plain. With some improvements to meet the FEMA requirements, the receipt of an Elevation Certificate and the processing of a Letter ofMap Change (aka Letter ofMap Amendment), 137 of the 166 units, can be removed from the Flood Plain designation. D. In connection with the conversion of the Community to a resident owned subdivision in 1996, and pursuant to that certain Contract to Secure Future Public Improvements by and between Rancho Carlsbad Partners (RCOA's predecessor-in-interest) and the City, recorded in the official records of the San Diego County Recorder's office as Document No. 1998-0158219 on March 24, 1998 (the "Contract for Improvements"), Rancho Carlsbad Partners paid to the City the sum of $318,000 plus interest in exchange for which the City agreed to construct flood control improvements to mitigate the flood impacts to the units. While the City has constructed or cause to be constructed certain flood control improvements to mitigate the flood impacts, there remains 166 units within the Community designated within the Flood Plain to which RCOA contends the City is required to take all steps reasonable to remove the units from the Flood Plain designation. E. To resolve the dispute between the parties, , and to facilitate the removal of units from the Flood Plain, the City desires to assist RCOA and the owners of the Affected Units (defined below) through the payment of funds and processing of applications, and RCOA and the Affected Units desire to receive such funds from the City and to perform certain Standard Modifications (defined below) to obtain an Elevation Certificate for the purpose of pursuing a LOMC (each defined below); all upon the terms and conditions set forth in this Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of Page 1 of9 M:\Rancho Carlsbad\4 71 Flood\20 15 Agt With City\Settlement Agreement ReFlood Plain V14.Docx which are hereby acknowledged, and in consideration of the mutual exchange of the covenants contained herein, the parties hereby agree as follows: 1. Affected Units. There are 166 individual units (also known as lots) within the Community upon which is placed a manufactured home (the home and unit/lot are collectively referred to herein as a "Unit") which are currently identified as being within the Federal Emergency Management Agency's 100 year flood plain (the "Affected Units"). Attached hereto as Exhibit "A" is a spreadsheet indicating the currently identified Affected Units within the Community (the "Unit Itemization Sheet"), which Affected Units are classified into categories as follows: a. 137 Units which have manufactured homes located thereon that require the Standard Modifications, as defined below ("Standard Units"); b. 18 Units which have manufactured homes that are currently placed below elevation and require the manufactured home to be lifted or elevated, and may require the Standard Modifications in addition to such elevation increase, in order to qualify for the Elevation Certificate, as defined below ("Below Elevation Units"); c. 9 Units which require custom modifications to the manufactured homes in order for the Unit to qualify for the Elevation Certificate ("Custom Modification Units"); and d. Two (2) Units which have manufactured homes that were newly installed and do not require any further modification to the Unit, however, will be eligible to obtain the Elevation Certificate and the LOMC (each as defined below). e. In the event owners of additional Units are able to demonstrate to the City's satisfaction that their Unit is classified as being in the 100 year flood plain, including, without limitation, Unit 194, such additional units shall be included as an Affected Unit without the requirement to modify Exhibit A attached hereto; provided however, that the City concur with the cost estimate for the Standard Modifications and that nothing herein shall change the total Funds (as defined below) to be paid by the City. 2. Modification to Units. a. Physical Modifications to Units: 1. The modifications to be performed to the Standard Units to enable an Elevation Certificate to be issued will be specific to each Unit; however, will generally include providing new anchoring to the manufactured home (also known as "tie downs"), provide openings in the skirting around the manufactured home, and to raise the air conditioner (if any) (collectively, the "Standard Modifications"). The costs of the Standard Modifications are covered under this Agreement for the owners of the Units electing to participate in the program as further set forth herein. 11. The Below Elevation Units will require specific and custom work to the manufactured home to elevate the manufactured home sufficiently which elevation will exceed that provided to under the Standard Modifications. The cost of the work Page 2 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain VI4.Docx to bring a Below Elevation Unit up to grade shall be the sole and absolute responsibility of the owner of the Unit. iii. The Custom Modification Units will require customized work to each manufactured home as a result of Unit specific conditions or modifications ("Custom Modifications"). The costs of all Custom Modifications shall be the sole and absolute responsibility of the owner of the Unit. iv. The physical modifications made to the Unit, whether the Standard Modifications or the Custom Modifications, shall collectively be referred to herein as the "Modifications." b. Permitting Process for Standard Modifications. To perform the Standard Modification, the City will issue the required permits for the anchors and California Department of Housing and Community Development will issue any other permits required. Any permits required for any Custom Modifications or to bring the Below Elevation Units to proper elevation shall be the responsibility of the owner of the applicable Unit. c. Removal from Floodplain. In order to be removed from the floodplain or otherwise excepted from such classification, each participating Affected Unit will need to have the Modifications, as is applicable, performed to the Unit, have an elevation certificate ("Elevation Certificate") prepared by a licensed surveyor or civil engineer and submit the Elevation Certificate to FEMA for a Letter of Map Change ("LOMC"). The Elevation Certificate and LOMC shall be processed pursuant to Section 3 below. 3. City Responsibilities. a. Processing of Building Permits. The City will timely process the permits for the Contractor (as defined below) to install the anchors or other such permits required for the Contractor to perform the Standard Modifications. To assist the City in satisfaction of this responsibility, RCOA will submit a list to the City of all participating Affected Owners together with a check for each Unit (one check per Unit) in the amount of $83.00 for the required permit. The City will process applications in groups in accordance with a priority indicated by RCOA and a timeline indicated by the Contractor. b. Processing Removal from Floodplain. An Elevation Certificate will be prepared by a licensed surveyor or civil engineer for the participating Affected Unit at the direction and management of RCOA or its processing consultant. The Elevation Certificate will be submitted by the surveyor or engineer directly to the City. The City will, upon receipt of the Elevation Certificate, timely prepare the LOMC application and diligently process it through FEMA. Currently the costs of the LOMC is estimated to be $0 (zero dollars) per the FEMA website under "single lot structure LOMA" (hltps:/ /www. fema.gov !flood-map-related-fees), however should there be a processing fee, such fee will be the responsibility of RCOA. c. Payment of Funds. The City hereby agrees to pay a total sum of Nine Hundred Forty Thousand Dollars ($940,000.00) ("Funds"). The Funds shall be used to pay for the costs of the Standard Modification (including permits, labor and materials associated therewith), Page 3 of9 M:\Rancho Carlsbad\471 Flood\20 15 Agt With City\Settlement Agreement ReFlood Plain Vl4.Docx the Elevation Certificate, survey costs, building permits and consultant fees, as estimated on Exhibit "A" hereto in accordance with the Fund Management provisions set forth herein. Additionally, pursuant to Section S.d. below, to the extent there is excess Funds as a result of Affected Owners not participating in the program, RCOA may utilize such excess for the payment of approved expenses such as notary fees, recording fees, and management costs, and bank fees. d. Quitclaim of Easements. The City will quitclaim the drainage easements received from RCP in conjunction with the Contract for Improvements to RCOA. 4. RCOA Responsibilities. a. Notifications to Unit Owners. Owners of the Affected Units shall be notified of and invited to a general meeting to be conducted at the RCOA clubhouse within the Community to have the reimbursement and removal from floodplain program explained to the owners, the process for seeking reimbursement and the requirements to participate in the program. The Unit Owners shall receive a written notification explaining the opt-in or opt-out requirements substantially in the form attached hereto as Exhibit "B". RCOA may hold additional meetings and send additional notices to the Affected Units relating to the program as RCOA deems necessary. b. Participation of Affected Units. RCOA will require that the owners of the Affected Units desiring to participate in the program to elect to participate in the program on or before the date that is ninety (90) days after RCOA conducts a general meeting announcing the program to the owners of the Affected Units ("Notification Meeting"). All participating Affected Units shall be identified by RCOA to the City and RCOA shall determine a priority for the performance and completion of the Standard Modifications as it deems reasonable and/or necessary. c. Use of Funds. The Funds may be used to perform the Standard Modifications on the Affected Units (including additional Units identified in Section l(e) above), together with the issuance of permits, surveyor or engineer fees, process consultant fees, the Elevation Certificate and LOMC, only, in an amount not to exceed the number indicated on Exhibit "A" attached hereto. The Funds shall not be used to pay any expenses for Custom Modifications or modifications required to bring a Below Elevation Unit into compliance; however, ifthe owners of the Custom Modification Units or Below Elevation Units desire to pay for the additional work required to their Unit to make such Unit eligible to receive the Elevation Certificate and LOMC, the owner of such Unit may receive reimbursement in the amount equal to the average cost of the Standard Modifications, which is $5,728 after the work is completed. d. Indemnification Agreement. RCOA agrees, as a condition to the receipt of the Funds, to enter into that certain Indemnification Agreement, the form of which is attached hereto as Exhibit "C" whereby RCOA agrees to hold the City harmless and indemnify the City from any and all liability that may arise relating to this Agreement or the Contract for Improvements. Page 4 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain VI4.Docx e. Oversight of Modifications. RCOA will enter into an agreement and retain the services of Carl Miller ofMobilehome Unlimited as the general contractor ("Contractor") to oversee, and as may be applicable, perform the Standard Modifications to the participating Affected Units. RCOA shall enter into an agreement with a process consultant ("Process Consultant") who shall perform services on behalf of RCOA and the City in the furtherance of this Agreement. The costs and expenses of the Contractor and the Process Consultant shall be included in the costs of the project and paid for as a reimbursable cost out of the Fund pursuant to the terms of this Agreement. The Contractor will be responsible for submitting all required applications for, processing and obtaining required permits, scheduling the Standard Modifications, coordinating with individual households, hiring subcontractors and such other customary and ordinary oversight duties. f. Oversight of Unit Owners. RCOA shall require that all Unit owners participating in the reimbursement program satisfy the following requirements: (i) enter into that certain Indemnification and Hold Harmless Agreement, in the form attached hereto as Exhibit "D" which shall be recorded in the official records of the County Recorder's office for the County of San Diego; (ii) enter into a written consent or authorization agreement authorizing the general contractor and any subcontractors to perform the Standard Modifications to the Unit, obtain the Elevation Certificate and submit the LOMC; and (iii) full cooperation with the City, engineers, general contractors, subcontractors and RCOA to complete, submit and process the LOMC. In the event a Unit owner declines to participate in the reimbursement program, RCOA shall use reasonable efforts to document such decline through either a written statement or notes of any verbal communication. g. Oversight of Funds. RCOA will be responsible for reviewing and paying all invoices submitted to RCOA from the Contractor or Process Consultant. Only those invoices or requests for reimbursement which relate to the Standard Modification, surveying, engineering, and/or permit costs for the preparation or issuance of the Elevation Certificate, or the submission and processing of the LOMC shall be eligible for payment or reimbursement from the Fund. Owners ofthe Standard Modification Units will be entitled to have all costs and expenses outlined herein and related to the removal of the Unit from the flood zone paid for from the Fund up to the amount estimated for that Unit in Exhibit "A". The costs of any Custom Modifications, in excess of the cost of the average Standard Modification, will be paid for solely and absolutely by the owner of the Custom Modification Units. 5. Fund Management, Escrow Instructions and Joint Responsibilities. a. Establish Trust Account. The RCOA shall establish a Trust Account with Pacific Western Bank, located at 900 Canterbury Place, Escondido, California 92025 ("Trust Account"). RCOA shall administer the Trust Account in accordance with the terms set forth in this Section 5. b. Payment of Invoices. RCOA shall, upon receipt of review and approval of the invoices submitted by the Contractor or the Process Consultant, promptly prepare checks for payment of the invoices. All checks for payment shall be written at RCOA and shall be signed by two members of the Board of Directors ofRCOA. Page 5 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain Vl4.Docx c. Tracking of Account Funds. RCOA shall establish an excel spreadsheet to track all work to be performed for each of the Affected Units, the cost ofthe Standard Modifications for the Affected Units, the submission and approval of invoices, advancement of funds for payment of materials, and payments from the Trust Account. RCOA will submit to the City the excel spreadsheet tracking all work and funds on a monthly basis (by the tenth (1 01h) day of each month for the previous month's information). The City shall have the right to review all Trust Account records, including bank statements, checks, and tracking sheets with 1 0 days' notice. d. Closing Trust Account. RCOA will require all participating Affected Units to complete the Standard Modifications to their Unit within one (1) year of the Notification Meeting; however, RCOA shall grant extensions of time, in its reasonable discretion, up to an additional six (6) months. Upon the completion of the Standard Modifications for the participating Affected Units, and the issuance of the Elevation Certificates, RCOA shall do a final accounting of the Trust Account which final accounting shall be submitted to the City for review and approval. If the final accounting shows that there are excess funds (as a result of eligible Affected Units not participating in the program), RCOA shall have the right to reimburse itself for the following costs: 1. Notary Fees: $10 per signature per participating Affected Unit 11. Recording Fees: $35 (not to exceed) per participating Affected Unit iii. Management Fees: $100 per participating Affected Unit IV. Bank Fees: At actual costs v. Final Accounting Fee: $7,500.00 In the event there are any funds remaining in the Trust Account after the final accounting and any reimbursements to RCOA of the approved costs outlined above, the remaining balance shall be returned to the City. The City shall review and approve the final accounting within twenty (20) calendar days of submission to the City and a failure to disapprove of the accounting shall be deemed an approval thereof. RCOA shall retain all books, records, reports, and accounting documents for a period of two (2) years from the date of this Agreement. 6. Notices. Any notice, report, approval or consent required or permitted to be given hereunder shall be in writing and shall sent by: (i) certified or registered mail, postage prepaid, return receipt requested, (ii) personal delivery, or (iii) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows: If to City: City of Carlsbad Attn: Glen Van Peski 1635 Faraday Avenue Carlsbad, California 92008 Tel: (760) _______ _ Page 6 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain VI4.Docx With copy to: lftoRCOA: With copy to: Carlsbad City Attorney Attn: Celia Brewer, Esq. 1200 Carlsbad Village Drive Carlsbad, California 92008 Tel: (760) 434-2891 Rancho Carlsbad Owners Association 5200 El Camino Real Carlsbad, California 9201 0 Tel: (760) 438-0333 The Loftin Firm, P.C. Attn: L. Sue Loftin, Esq. 5760 Fleet Street, Suite II 0 Carlsbad, California 92008 Tel: (760) 431-2111 Notices shall be deemed effective upon receipt or rejection only. If either Party desires to change its address for the purpose of receipt of notice, such notice or change of address shall be given in the manner specified herein. However, unless and until such written notice of change of address is actually received, the last address and addressee as stated by written notice, or provided herein if no written notice or change has been received, shall be deemed to continue in effect for all purposes hereunder. This notice provision shall be inapplicable to any judicial or non-judicial proceeding where California law governs the manner and timing of notice, commencing and prosecuting an action, commencing and prosecuting a foreclosure, or seeking the appointment of a receiver 7. Miscellaneous. a. Amendments. This Agreement may only be amended, supplemented or modified by a written instrument duly executed by or on behalf of each party. b. Waiver. Any term or condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof, but no such waiver is effective unless set forth in a writing signed by or on behalf of the waiving party. No waiver by any party of any term or condition is deemed to be a waiver ofthe same or any other term or condition on any future occasions. c. Headings. The headings in this Agreement are for convenience only and do not in any way limit or exclusively define the terms and provisions hereof. d. Time of Essence. Time is of the essence of this Agreement. e. Severability. If any term, provision, covenant, or condition of this Agreement is held in a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such term, Page 7 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain Vl4.Docx provision, convent or condition shall be excluded to the extent of such invalidity, illegality or unenforceability; all other terms, provisions, covenants or conditions remain in full force and effect so long as the essential terms of the transactions contemplated hereby remain enforceable; and the Agreement shall be construed so as to effect the original intent of the parties as clearly as possible. f. Further Assurances. Each party shall use reasonable efforts to take, or cause to be taken, all actions or requests by the other party that are necessary or desirable to consummate and make effective the transactions that this Agreement contemplates. g. Ambiguity. This Agreement has been freely negotiated and drafted by both parties. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement. h. Counterparts. This Agreement may be executed in counterparts, all of which, when taken together, shall constitute a fully executed original. Electronic or facsimile signatures shall have the same force and effect as original signatures. The parties hereto intend to be bound by the signatures on the facsimile or electronic document, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the use of a facsimile or electronic signature. i. Successors and Assigns. The parties hereto agree that this Agreement and all of its terms shall be binding on the parties and each of them, and, as applicable, on their heirs, executors, administrators, dependents, predecessors, successors, subsidiaries, divisions, alter egos, affiliated corporations, parent corporations and related entities, and their agents, attorneys, officers, directors, successors and assigns. j. Entire Agreement. This Agreement, together with the Exhibit attached hereto, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. k. Governing Law. This Agreement and all rights and obligations of the parties arising out or relating to this Agreement, or the negotiation, execution or performance thereof, are governed by and construed in accordance with the laws of California without giving effect to any conflict or choice of law provisions that would result in the imposition of any other state's laws. [signatures on following page] Page 8 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain VI4.Docx IN WITNESS WHEREOF, the duly authorized representative of each party has executed and delivered this Agreement as ofthe Effective Date. "CITY" "RCOA" CITY OF CARLSBAD, a municipal RANCHO CARLSBAD OWNERS e f California ASSOCIATION, INC. a California nonprofit mutual benefit :o:~ora~ Name: M J... H{,( tUS I q( Ete.. APPROVED AS TO FORM: Its: President Celia A. Brewer, City Attorney By:~(,.lf? Page 9 of9 M:\Rancho Carlsbad\471 Flood\2015 Agt With City\Settlement Agreement ReFlood Plain VI4.Docx EXHIBIT "A" Affected Units Spreadsheet Exhibit "A" Mod. Type B 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M B B 5M 5M CM Nl 5M 5M 5M 5M CM 5M 5M 5M 5M 5M 5M 5M 5M CM 5M 5M CM 5M 5M 5M 5M CM 5M Unit No. 229 228 227 226 225 224 244 245 246 247 248 249 250 251 289 290 ··230 243 242 231 241 232 240 233 239 234 252 253 254 272 255 271 256 257 270 258 259 260 261 273 274 House No. 3405 3411 3419 3427 3435 3443 5302 5310 5318 5326 5342 5350 5358 5366 3432 3440 3406 3407 3413 3414 3421 3422 3429 3430 3437 3438 3402 3408 3414 3415 3420 3423 3426 3432 3433 3438 3444 3450 3456 3420 3438 Rancho Carlsbad Mobile Homes in FEMA 1 00-year floodplain Street Name Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Alvarez Drive Don Arturo Drive Don Arturo Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Cota Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Jose Drive Don Juan Drive Don Juan Drive Utility Markout Skirting Tiedowns Below Elevation -House Lift $ $ $ $ $ $ $ $ $ $ $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 3,200.00 $ 2,800.00 $ 2,800.00 $ 2,800.00 $ 2,800.00 $ 3,200.00 $ 3,200.00 $ 2,400.00 $ 3,200.00 2,800.00 $ 3,200.00 $ Custom Modification Below Elevation -House Lift Custom Modification Below Elevation -House Lift $ $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ • Custom Modification -Unusual Condition 2,000.00 $ 3,200.00 $ New Installation $ $ $ 500.00 $ 1,100.00 $ 3,200.00 $ 500.00 $ 1,100.00 $ 2,800.00 $ $ 500.00 $ 1,100.00 $ 3,200.00 $ 500.00 $ 1,100.00 $ 2,000.00 $ .Custom Modification c Unusual Condition $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ Custom Modification ·Unusual Condition $ $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ Custom Modification -Unusual Condition 3,200.00 $ 3,200.00 3,200.00 $ 3,200.00 $ 2,800.00 3,200.00 $ 3,200.00 $ 3,200.00 $ 3,200.00 $ 1,600.00 $ $ 500.00 $ 1,100.00 $ 2,000.00 $ $ 500.00 $ 1,100.00 $ 3,200.00 $ $ 500.00 $ 1,100.00 $ 2,800.00 $ 500.00 $ 1,100.00 $ 2,400.00 $ ·custom Modification -Unusual Condition $ 500.00 $ 1,100.00 $ 3,200.00 $ Air cond. Survey/EI Cert. Building Permit Process Consultant 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ NO AIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 Custom Lump Sum $90,000.00 $90,000.00 $90,000.00 $8,675.00 $11,675.00 $110,000.00 $110,000.00 $20,000.00 Total Est. Not to Exceed $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 90,000.00 $ 6,351.00 $ 5,951.00 5,951.00 5,951.00 5,951.00 6,351.00 6,351.00 5,551.00 5,876.00 5,951.00 6,351.00 90,000.00 90,000.00 5,151.00 6,351.00 8,675.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,551.00 $ 5,876.00 5,951.00 5,876.00 5,151.00 11,675.00 6,351.00 5,876.00 6,351.00 6,351.00 5,476.00 6,351.00 6,351.00 $ 6,351.00 $ 110,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6,351.00 $ 4,751.00 110,000.00 5,151.00 6,351.00 5,476.00 5,551.00 20,000.00 $ $ $ $ $ $ $ 6,351.00 $ 5,728.39 6,351.00 5,951.00 5,951.00 5,951.00 5,951.00 6,351.00 6,351.00 5,551.00 5,876.00 5,951.00 6,351.00 5,728.39 5,728.39 5,151.00 6,351.00 5,728.39 1,551.00 5,876.00 5,951.00 5,876.00 5,151.00 5,728.39 6,351.00 5,876.00 6,351.00 6,351.00 5,476.00 6,351.00 6,351.00 6,351.00 5,728.39 6,351.00 4,751.00 5,728.39 5,151.00 6,351.00 5,476.00 5,551.00 5,728.39 6,351.00 Mod. Type B CM B 5M B 5M B 5M B 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M B 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M Unit No. 211 169 170 212 171 213 172 210 173 214 174 209 215 208 216 217 207 206 218 219 205 220 204 221 203 222 202 223 168 167 151 166 152 165 153 164 154 163 162 155 161 House No. 5101 5102 5106 5107 5110 5115 5116 5117 5120 5121 5124 5128 5129 5132 5135 5143 5144 5150 5151 5157 5158 5163 5166 5171 5172 5177 5178 5183 5101 5105 5108 5109 5114 5115 5120 5121 5126 5127 5133 5134 5139 Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain Street Name Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Mata Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Utility Markout Skirting Below Elevation-House Lift Custom Modification-No Estimate Below Elevation -House Lift $ 500.00 $ 1,100.00 $ Below Elevation -House Lift $ 500.00 $ 1,100.00 $ Below Elevation -House Lift $ 500.00 $ 1,100.00 $ Below Elevation -House Lift $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ Below Elevation -House Lift $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ Tiedowns 3,200.00 $ 2,800.00 $ 3,200.00 1,400.00 $ 2,800.00 3,200.00 $ 2,000.00 3,200.00 2,000.00 $ 2,400.00 2,800.00 $ 2,400.00 $ 2,800.00 $ 2,400.00 1,600.00 3,200.00 $ 3,200.00 3,200.00 $ 2,400.00 $ 3,200.00 $ 2,000.00 $ 2,400.00 $ 1,200.00 $ 3,200.00 $ 2,700.00 $ 2,800.00 $ 2,700.00 $ 3,200.00 $ 2,700.00 $ 2,000.00 $ 3,200.00 2,800.00 $ 3,200.00 2,800.00 $ Air cond. Survey/EI Cert. Building Permit Process Consultant 475.00 $ 475.00 $ NO AIR $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ NO AIR $ 475.00 $ NO AIR $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ NO AIR $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ 475.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 Custom Lump Sum $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 Total Est. Not to Exceed $ 90,000.00 $ $ $ 90,000.00 $ $ 6,351.00 $ $ 90,000.00 $ $ 5,951.00 $ $ 90,000.00 $ $ 5,876.00 $ $ 90,000.00 $ $ 4,551.00 $ $ 5,476.00 $ $ 6,351.00 $ $ 4,676.00 $ $ 5,876.00 $ $ 5,151.00 $ $ 5,076.00 $ $ 5,951.00 $ $ 5,551.00 $ $ 5,951.00 $ $ 5,076.00 $ $ 4,276.00 $ $ 6,351.00 $ $ 5,876.00 $ $ 6,351.00 $ $ 5,551.00 $ $ 6,351.00 $ $ 5,151.00 $ $ 90,000.00 $ $ 5,551.00 $ $ 4,351.00 $ $ 6,351.00 $ $ 5,851.00 $ $ 5,951.00 $ $ 5,851.00 $ $ 6,351.00 $ $ 5,851.00 $ $ 5,151.00 $ $ 5,876.00 $ $ 5,951.00 $ $ 5,876.00 $ $ 5,951.00 $ 5,728.39 5,728.39 5,728.39 6,351.00 5,728.39 5,951.00 5,728.39 5,876.00 5,728.39 4,551.00 5,476.00 6,351.00 4,676.00 5,876.00 5,151.00 5,076.00 5,951.00 5,551.00 5,951.00 5,076.00 4,276.00 6,351.00 5,876.00 6,351.00 5,551.00 6,351.00 5,151.00 5,728.39 5,551.00 4,351.00 6,351.00 5,851.00 5,951.00 5,851.00 6,351.00 5,851.00 5,151.00 5,876.00 5,951.00 5,876.00 5,951.00 Mod. Type 5M 5M 5M 5M 5M 5M 5M 5M CM 5M 5M 5M 5M B B B 5M B 5M B 5M B 5M 5M 5M B B 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M 5M Nl 5M Unit No. 156 160 157 159 158 106 105 104 53 275 288 287 276 144 143 145 146 142 147 141 148 140 149 139 150 138 137 136 135 134 133 132 131 130 129 128 127 66 65 64 63 House No. 5140 5145 5146 5151 5157 5202 5210 5216 3340 3434 3435 3441 3444 5101 5118 5119 5125 5128 5135 5136 5141 5144 5147 5152 5155 5163 5165 5201 5211 5215 5227 5239 5241 5253 5255 5267 5279 5302 5308 5314 5320 Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain Street Name Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Miguel Drive Don Pablo Drive Don Porfirio Drive Don Porfirio Drive Don Porfirio Drive Don Porfirio Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive $ $ $ $ $ $ $ $ Utility Markout 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ Custom Modification $ $ $ $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ Skirting 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ Below Elevation -House lift Below Elevation -House lift Below Elevation-House lift $ 500.00 $ 1,100.00 $ Below Elevation -House lift $ 500.00 $ 1,100.00 $ Below Elevation -House lift $ 500.00 $ 1,100.00 $ Below Elevation -House lift $ $ $ 500.00 $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ Below Elevation-House lift Below Elevation -House lift $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ New Installation $ 500.00 $ 1,100.00 $ Tied owns 2,000.00 $ 2,000.00 2,000.00 $ 2,800.00 2,800.00 $ 3,200.00 $ 3,200.00 1,600.00 2,400.00 3,200.00 2,000.00 2,400.00 $ 2,000.00 $ 3,200.00 $ 2,800.00 $ 2,800.00 $ 1,600.00 $ 2,000.00 $ 1,600.00 $ 2,800.00 $ 3,600.00 $ 2,800.00 3,200.00 $ 3,200.00 $ 3,200.00 $ 2,400.00 $ 3,200.00 $ 3,200.00 $ 1,600.00 $ 3,200.00 $ $ 2,000.00 $ Custom lump Air cond. Survey/EI Cert. Building Permit Process Consultant Sum 475.00 $ NO AIR $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ NOAIR $ NOAIR $ NO AIR $ NO AIR $ NOAIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NO AIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 $11,675.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Est. Not to Exceed 5,151.00 $ 4,676.00 $ 5,151.00 $ 5,476.00 $ 5,951.00 $ 6,351.00 $ 5,876.00 $ 4,276.00 $ 11,675.00 $ 5,076.00 $ 5,876.00 $ 4,676.00 $ 5,551.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 5,151.00 $ 90,000.00 $ 6,351.00 $ 90,000.00 $ 5,951.00 $ 90,000.00 $ 5,951.00 $ 4,751.00 $ 5,151.00 $ 90,000.00 $ 90,000.00 $ 4,751.00 $ 5,951.00 $ 6,751.00 $ 5,476.00 $ 6,351.00 $ 6,351.00 $ 6,351.00 $ 5,551.00 $ 6,351.00 $ 6,351.00 $ 4,751.00 $ 6,351.00 $ 1,551.00 $ 5,151.00 $ 5,151.00 4,676.00 5,151.00 5,476.00 5,951.00 6,351.00 5,876.00 4,276.00 5,728.39 5,076.00 5,876.00 4,676.00 5,551.00 5,728.39 5,728.39 5,728.39 5,151.00 5,728.39 6,351.00 5,728.39 5,951.00 5,728.39 5,951.00 4,751.00 5,151.00 5,728.39 5,728.39 4,751.00 5,951.00 6,751.00 5,476.00 6,351.00 6,351.00 6,351.00 5,551.00 6,351.00 6,351.00 4,751.00 6,351.00 1,551.00 5,151.00 Mod. Type SM SM SM SM SM SM B SM SM SM SM SM SM SM SM SM CM SM SM SM SM SM SM SM CM SM SM SM SM SM SM SM SM SM SM SM SM SM SM SM SM Unit No. 62 61 60 59 58 201 175 200 176 177 199 178 179 198 180 181 197 182 183 196 184 193 195 116 117 118 115 114 119 113 120 112 121 111 122 110 123 109 124 108 125 House No. 5328 5336 5342 5348 5356 5123 5128 5131 5132 5136 5139 5140 5144 5147 5148 5152 5155 5156 5160 5163 5164 5192 5198 5201 5202 5208 5209 5217 5218 5223 5228 5229 5232 5233 5240 5245 5246 5257 5258 5265 5268 Rancho Carlsbad Mobile Homes in FEMA 1 00-year floodplain Street Name Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Ricardo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Rodolfo Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive Don Valdez Drive $ $ $ $ $ $ Utility Markout 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ Skirting 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ Below Elevation -House lift $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ $ 500.00 $ 1,100.00 $ Custom Modification $ $ $ $ $ $ $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ Custom Modification-No Estimate $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ 1,100.00 $ nedowns 2,000.00 $ 2,400.00 2,400.00 $ 2,800.00 $ 3,200.00 $ 1,600.00 $ 3,200.00 $ 2,800.00 $ 2,400.00 3,200.00 $ 3,200.00 3,200.00 2,400.00 $ 2,000.00 $ 2,000.00 3,200.00 $ 3,200.00 2,000.00 $ 3,200.00 $ 1,600.00 $ 3,200.00 $ 2,000.00 2,800.00 $ 2,400.00 2,400.00 2,800.00 $ 2,800.00 $ 2,800.00 2,400.00 $ 1,600.00 2,400.00 $ 2,800.00 $ 3,200.00 $ 3,200.00 $ 3,200.00 $ 2,800.00 2,400.00 $ 2,800.00 $ Air cond. Survey/EI Cert. Building Permit Process Consultant 475.00 $ NOAIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ NOAIR $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ NOAIR $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ 475.00 $ NOAIR $ 475.00 $ 475.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 593.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 83.00 $ 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 Custom lump Sum $90,000.00 $11,675.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Est. Not to Exceed 5,151.00 $ 5,076.00 $ 5,551.00 $ 5,951.00 $ 6,351.00 $ 4,751.00 $ 90,000.00 $ 6,351.00 $ 5,951.00 $ 5,076.00 $ 6,351.00 $ 5,876.00 $ 5,876.00 $ 5,551.00 $ 5,151.00 $ 4,676.00 $ 11,675.00 $ 6,351.00 $ 5,876.00 $ 5,151.00 $ 6,351.00 $ 4,751.00 $ 6,351.00 $ 4,676.00 $ $ 5,951.00 $ 5,076.00 $ 5,076.00 $ 5,951.00 $ 5,951.00 $ 5,476.00 $ 5,551.00 $ 4,276.00 $ 5,551.00 $ 5,951.00 $ 6,351.00 $ 6,351.00 $ 6,351.00 $ 5,476.00 $ 5,551.00 $ 5,951.00 $ 5,151.00 5,076.00 5,551.00 5,951.00 6,351.00 4,751.00 5,728.39 6,351.00 5,951.00 5,076.00 6,351.00 5,876.00 5,876.00 5,551.00 5,151.00 4,676.00 5,728;39 6,351.00 5,876.00 5,151.00 6,351.00 4,751.00 6,351.00 4,676.00 5,728.39 5,951.00 5,076.00 5,076.00 5,951.00 5,951.00 5,476.00 5,551.00 4,276.00 5,551.00 5,951.00 6,351.00 6,351.00 6,351.00 5,476.00 5,551.00 5,951.00 Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain Mod. Utility Custom lump Type Unit No. House No. Street Name Markout Skirting Tie downs Aircond. Survey/EI Cert. Building Permit Process Consultant Sum Total Est. Not to Exceed SM 107 5271 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,1Sl.OO $ 5,151.00 SM 126 5272 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ S,551.00 $ 5,551.00 166 Total Units $ 68,500.00 $ 150,700.00 $ 367,100.00 $ 48,925.00 $ 82,427.00 $ 11,537.00 $ 55,600.00 $1,903,700.00 $ 939,455.45 A $ 784,789.00 Total Cost of Standard Modifications 137 Units requiring standard modifications (SM) 18 Units with floor elevation below flood elevation (B) B $ 5,728.39 Average Cost of Standard Modification 9 Units requiring custom modifications (CM) 2 Newer Installed Units (NI) c $ 154,666.45 Total of Average Cost Applied to CM and B units D $ 939,455.45 Grand Total (A+ C) EXHIBIT "B" Written Notification of Program (FORM) NOTIFICATION TO AND ELECTION BY ELIGIBLE HOMEOWNERS TO PARTICIPATE IN FLOOD MITIGATION PROGRAM The City of Carlsbad ("City") and Rancho Carlsbad Owners' Association, Inc. ("RCOA") have entered into an agreement whereby the City will pay RCOA the sum of $940,000.00 to be used by eligible Homeowners of Units in the FEMA flood plain to perform specific work on their home to ultimately receive FEMA approval to remove the home from the flood plain. You are receiving this Notice as the owner of a Unit which is designated as being in the FEMA flood plain and you are eligible to participate in the Flood Mitigation Program. The purpose of this Notice is to provide you, as an Eligible Homeowner, the opportunity to elect to participate in the Flood Mitigation Program or to waive your participation in the Flood Mitigation Program. This is an opportunity to mitigate flood hazards and to potentially remove your manufactured home from the FEMA flood map. This is a limited opportunity and will not be presented in the future. Your participation in the Program, or waiver of participation, shall occur within the following time lines: 1. Return of This Form. If you elect to participate in the Flood Mitigation Program, this Form must be signed, dated and returned to RCOA on or before Ninety (90) days from [ . Return this completed Form to: Administration Building at the Park. 2. Failure to Return This Form. If you elect not to participate in the Flood Mitigation Program or if you fail to return this Form electing to participate in the Program on or before l /,then you will be deemed to have elected to NOT participate in the Program, you will waive any and all benefits under the Flood Mitigation Program, waive your rights to receive any benefits under the program including payment of the costs of improvements to your home and removal from the FEMA flood plain designation, and waive any and all rights to make a claim against the City and/or RCOA regarding any future flooding or damage to you unit and/or home. 3. Completion of Construction Work. The construction work required under the Flood Mitigation Program must be completed on or before l /. RCOA reserves the right to extend the date for completion provided you are reasonably cooperating with the contractors, City and RCOA for the completion of the work. 4. Schedule for Work. As the Election to Participate is returned to Management, you will be placed on the list of participating owners for prompt attention by the City. ELECTION TO PARTICIPATE By signing below, 1/we, the undersigned owners ofthe unit identified below, hereby elect to participate in the Flood Mitigation Program and hereby consent to RCOA and its Contractor to access my/our unit for the purpose of performing the required work. Exhibit "B" 1/We, the undersigned, have (i) read or had the opportunity to read, the Settlement Agreement Regarding Flood Channel Dispute between the City and RCOA; (ii) had the Flood Mitigation Program adequately explained to us; and (iii) read the Indemnification and Hold Harmless Agreement between my/ourselves and RCOA. 1/We further understand the scope and nature of the work to be performed to my/our home pursuant to the Settlement Agreement. 1/W e have had the time and opportunity to review the documents and to seek outside counsel regarding this matter, if we chose to do so. Name(s) on Title to Property: Signature Property Address:--------------------------- Mailing Address (if different): ______________________ _ Day Time Telephone Number: ______________________ _ Night Time Telephone Number: ______________________ _ Cell Phone Number and Name:----------------------- Email Address:---------------------------- *FAILURE TO RETURN THIS FORM ELECTING TO PARTICIPATE WITHIN THE REQUIRED TIME PERIOD WILL BE DEEMED AND ELECTION TO NOT PARTICIPATE* ELECTION NOT TO PARTICIPATE By signing below, 1/we, the undersigned owners of the unit identified below, hereby elect to NOT participate in the Flood Mitigation Program and understand and agree that our election means we will not be eligible to receive funds to remove our home from the FEMA flood plain. Name(s) on Title to Property: Signature Property Address:--------------------------- *FAILURE TO RETURN THIS FORM ELECTING TO PARTICIPATE WITHIN THE REQUIRED TIME PERIOD WILL BE DEEMED AND ELECTION TO NOT PARTICIPATE* FOR RCOA USE ONLY Date Received by RCOA: ________ _ Exhibit "B" EXHIBIT "C" RCOA and City Indemnification Agreement Form INDEMNIFICATION AGREEMENT TH~ INDEMNPiiCA TIO~ AGREEMENT ("Agreement") is made and entered into as of the .Ll!!f!::day of I~ 2016 ("Effective Date"), by and between RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit public benefit corporation ("RCOA'') and the CITY OF CARLSBAD, a municipal corporation of the State of California (the "City"). RECITALS WHEREAS, RCOA manages, maintains, and operates that certain community commonly referred to as Rancho Carlsbad, located at 5200 El Camino Real, Carlsbad, California (the "Community"). The Community consists of 504 individual units or lots upon which are placed manufactured homes. WHEREAS, City and RCOA entered into that certain Settlement Agreement Regarding Flood Channel Dispute of even date herewith (the "Settlement Agreement"); and pursuant to the terms of the Settlement Agreement, the City agreed to fund the sum of $940,000.00 for the purpose of paying for the costs and expenses relating to modifying certain units within the Community and obtaining required approvals to remove the manufactured homes upon such units from the Federal Emergency Management Agency's 100 year flood plain designation in accordance with the terms and conditions of the Settlement Agreement. WHEREAS, the Settlement Agreement is to settle any outstanding, final or disputed obligations that may be between RCOA and the City (and their respective predecessors-in-interest, successors and assigns, as the case may be) pursuant to that certain Contract to Secure Future Public Improvements, recorded in the official records of the County of San Diego recorder's office, as Document Number 1998-0158219 on March 24, 1998 (the "Contract for Improvements"). WHEREAS, the purpose of this Agreement is to set forth RCOA' s indemnification of the City relating to and as consideration for (i) the settlement of outstanding obligations under the Contract for Improvements, and (ii) the grant in the amount of Nine Hundred Forty Thousand Dollars No/1 00 ($940,000.00) pursuant to the Settlement Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual exchange of the covenants contained herein, the parties hereby agree as follows: 1. Release and Satisfaction. RCOA and the City hereby agree that the terms and conditions of the Settlement Agreement and the City's payment of the Fund pursuant to the Settlement Agreement shall be done in, and shall be considered the full, satisfaction of the terms and conditions set forth in the Contract for Improvements. Upon the satisfaction of the terms of the Exhibit "C" Settlement Agreement, the City shall be fully released and deemed to have satisfied all terms and conditions ofthe Contract for Improvements. 2. RCOA's Indemnification of City. RCOA hereby agrees to indemnify, protect and defend and hold harmless the City, its City Council, its officers, employees and agents (the "City Indemnitees") from and against any claims, damages, fines, penalties, losses, liabilities, interest, obligations, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), brought by any owner of a unit within the Community or RCOA against the City lndemnitees relating to, arising from or out of (a) the City's grant of funds to RCOA in the amount ofNine Hundred Forty Thousand Dollars ($940,000.00); (b) the City's processing of the Elevation Certificates and LOMC (as each is defined in the Settlement Agreement); and (c) the full release and waiver of the terms and conditions of the Contract for Improvements (d) any claims for flood damage brought by the owner or occupant of any manufactured home that arises from the Contract for Improvements . 3. Incorporation of Indemnifications. RCOA agrees to obtain an indemnification, hold harmless and release agreement from the owners the Affected Units (as defined in the Settlement Agreement) who elect to participate in the program and receive funds from the City's Fund pursuant to the terms of the Settlement Agreement (the "Owner Indemnifications"). The terms and conditions of the Owner Indemnifications are incorporated herein by reference and RCOA agrees to indemnify, protect and defend and hold harmless the City Indemnities pursuant to Paragraph 2 above in connection to any Claim arising from or protected under the Owner Indemnifications. 4. Defense. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from (a) the City's grant of funds, processing ofthe Elevation Certificate or the LOMC (each as defined in the Settlement Agreement), issuing permits in connection with any work to be performed on a manufactured home or within the Community; (b) the terms and conditions of the Contract for Improvements and any claims for flood damage brought by the owner or occupant of any manufactured home; or (c) such other actions specifically in connection with the Settlement Agreement, RCOA shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their reasonable and actual costs of defense, including reasonable attorneys' fees, incurred in defense such claims. 5. Miscellaneous. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement and the remaining portions or parts shall remain in full force and effect. This Agreement may be executed in counterparts and the signature pages combined to create one and the same instrument. Signed copies of this Agreement transmitted by electronic mail or facsimile shall be treated the same as originals. This Agreement shall be construed and enforced in accordance with the laws of the state of California without regard to choice oflaw provisions. In the event of any action or suit by either party hereto against the other arising from or interpreting this Agreement, the prevailing party in such action or suit shall, in addition to such other relief as may be granted, be entitled to recover its costs of suit and actual attorney's fees, whether or not the same proceeds to final judgment. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs Exhibit "C" and legatees of all the respective parties hereto. IN WITNESS WHEREOF, the duly authorized representative of each party has executed and delivered this Agreement as of the Effective Date. "CITY" CITY OF a municipal f California APPROVED AS TO FORM: Celia A. Brewer, City Attorney By:JlU<~ "RCOA" RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit :~tu~ Name~ ~StCJ(~ Its: President Exhibit "C" EXHIBIT "D" Unit Owner and RCOA Indemnification, Hold Harmless and Release Agreement Form RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: Rancho Carlsbad Owners Association, Inc. c/o The Loftin Firm, P.C. 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 (Re: Unit No. ) A.P.N. SPACE ABOVE RESERVED FOR RECORDER'S USE INDEMNIFICATION, HOLD HARMLESS AND RELEASE AGREEMENT THIS INDEMNIFICATION, HOLD HARMLESS AND RELEASE AGREEMENT ("Agreement") is made and entered into as of the __ day of , 201 ("Effective Date"), by and between RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit public benefit corporation ("RCOA") and (individually and collectively, jointly and severally, as the case may be, the "Owner"). RECITALS WHEREAS, RCOA manages, maintains, and operates that certain community commonly referred to as Rancho Carlsbad, located at 5200 El Camino Real, Carlsbad, California (the "Community"). The Community consists of 504 individual units or lots upon which are placed manufactured homes. WHEREAS, Owner owns that certain unit commonly known as [ , Carlsbad California, 92010, and Unit No. [ ] as more particularly described on Exhibit "1" attached hereto and incorporated herein by this reference (the "Property"). WHEREAS, the City of Carlsbad (the "City") and RCOA entered into that certain Settlement Agreement Regarding Flood Channel Dispute dated [ , 2016 (the "Settlement Agreement"); and pursuant to the terms of the Settlement Agreement, the City agreed to fund the sum of $940,000.00 for the purpose of paying for the costs and expenses relating to modifying certain units within the Community and obtaining required approvals to remove such units from the Federal Emergency Management Agency's 100 year flood plain designation in accordance with the terms and conditions of the Settlement Agreement. WHEREAS, the Owner has elected to participate in the program and receive reimbursement for the Standard Modifications (as defined in the Settlement Agreement) and cooperate with the City Exhibit "D" in obtaining an Elevation Certificate and processing a LOMC (each as defined in the Settlement Agreement) to remove the Property from the 100 year floodplain designation. WHEREAS, the purpose of this Agreement is to set forth the Owner's indemnification and hold harmless of RCOA and the City in connection with, and as a condition to, the participation in the Standard Modifications and processing by the City of the LOMC. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated herein by this reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual exchange of the covenants contained herein, the parties hereby agree as follows: 1. Owner's Indemnification of RCOA. Owner hereby agrees to indemnify, protect and defend and hold harmless the RCOA, its directors, officers, managers, members, attorneys employees and agents and the City, its City Council, its officers, employees and agents (collectively, the "Indemnitees") from and against any claims, damages, fines, penalties, losses, liabilities, interest, obligations, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), arising from, in connection with or relating to the receipt of reimbursement from the City Funds, the performance ofthe Standard Maintenance or any other work to the Property selected by Owner, the issuance of permits, obtaining the Elevation Certificate, processing the LOMC and removal of the Property from the FEMA 100 year floodplain or the inability to do any such items as a result of any interference or lack of cooperation by Owner. 2. City Third Party Beneficiary. The parties hereto specifically acknowledge and agree the City is a third party beneficiary to this Agreement. 3. Defense. In the event the lndemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from City's grant of funds, Owner's receipt of funds from the City grant, the City's processing of the Elevation Certificate or the LOMC (each as defined in the Settlement Agreement), RCOA' s oversight of the construction work or permit processing, issuing permits in connection with any work to be performed on a manufactured home or within the Community or such other actions specifically in connection with the Settlement Agreement, Owner shall provide a defense to the Indemnitees or at the Indemnitee's option reimburse the Indemnitees their reasonable and actual costs of defense, including reasonable attorneys' fees, incurred in defense such claims. 4. Miscellaneous. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement and the remaining portions or parts shall remain in full force and effect. This Agreement may be executed in counterparts and the signature pages combined to create one and the same instrument. Signed copies of this Agreement transmitted by electronic mail or facsimile shall be treated the same as originals. This Agreement shall be construed and enforced in accordance with the laws of the state of California without regard to choice of law provisions. In the event of any action or suit by either party hereto against the other arising from or interpreting this Agreement, the prevailing party in such action or suit shall, in addition Exhibit "D" to such other relief as may be granted, be entitled to recover its costs of suit and actual attorney's fees, whether or not the same proceeds to final judgment. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs and legatees of all the respective parties hereto and shall run with and bind the Property in perpetuity. IN WITNESS WHEREOF, the duly authorized representative of each party has executed and delivered this Agreement as ofthe Effective Date. "OWNER" Address: --------------------------- Unit/Lot No. ____________ _ "RCOA" RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a California nonprofit mutual benefit corporation By: _________________________ _ Name: ________________ _ Its: President Exhibit "D" NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ___________ ,, before me, ___________ , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTARY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ___________ , before me, ____________ , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Exhibit "D" EXHIBIT "1" LEGAL DESCRIPTION OF PROPERTY [to be inserted with final execution of form] Exhibit "D"