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HomeMy WebLinkAbout1986-08-05; City Council; 8495-8; Palomar Airport Road West Assessment District 86-1 Reimbursement and Consultant Agreements4 w .. z 0 i= 0 $ z 3 0 0 a 2:Lq /L , /- V-OF CARLSBAD - AGENgBILL ,, ,--’ TITLE: DEPT. HD.- PALOMAR AIRPORT ROAD WEST I CITY ATTY. CITY MGR. AB# gy93 =+p ASSESSMENT DISTRICT NO. 86-1 MTG. 08/05/86 DEPT. AD REIMBURSEMENT AND CONSULTANT AGREEMENTS RECOMMENDED ACTION: Adopt Resolution No. &“72 o approving reimbursement agreements with the Carltas Company and Paul Ecke, Sr. Adopt Resolution No. p7 2. / approving the 6th Supplemental Agreement with Neste, Brudin & Stone for assessment engineering services. ITEM EXPLANATION On July 1, 1986, Council determined it was in the public interest to proceed with the Palomar Airport Road West assessment district and directed staff to proceed with the district. Council approved a City contribution of $1,780,000 and an additional contribution of $331,000 to construct the street along two properties which are currently in an agricultural preserve and cannot be developed. Reimbursement agreements have been signed by the owners, the Carltas Company and Paul Ecke, Sr., agreeing to repay the $331,000 with 8.25% interest when the restrictions are lifted and the owner applies for a development permit. Also attached is an agreement with Neste, Brudin & Stone to perform the assessment engineering services to formally create the assessment district (1913 Act). also FISCAL IMPACT Council appropriated $2,100,000 for this project in the 1986-87 Capital Improvement Program. The fee for Neste, Brudin & Stone for assessment engineering services is $20,000. The City will receive a reimbursement of $331,000 plus. 8.25?; interest (for a maximum of fifteen (15) years) upon development of the agricultural land. EXHIBITS 1. Location Map. 2. Reimbursement Agreement with Carltas Company. 3. Reimbursement Agreement with Paul Ecke, Sr. 4. Resolution No. 87 20 approving reimbursement agreements with the Carltas Company and Paul Ecke, Sr. 5. Resolution No. f7x’ approving the 6th Supplemental Agreement Neste, Brudin & Stone for assessment engineering services (agree- with ment attached). e e LOCATION MAP r L ...e= :' *. *. *. .. e.. .. .. .. .. -. : PALOMAR .. LEGEND ASSESSMENT 0 I STRICT . . . . . . . . . BOU N DARY vlcm MAP N. 1.0. L PROJECT NAME' PALOMAR AIRPORT ROAD -PRoJ- No- EXHIBIT ASSESSMENT DISTRICT 31 51 I 0 (b \ REIMBURSEMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSBAD (a4Cityit), a municipa corporation, and CARLTAS CO. ("Owner"), a Cal tfornia corporation. -------- RECITALS 1. The City Council of the City has initiated proceedings for the formation of special assessment district, pursuant to the terms and provisions of tt- "Municipal Improvement Act of 1913", being Division 12 of the Streets ar Highways Code of the State of California, for the construction of certain publi works of improvement, together with appurtenances and appurtenant work, sai assessment district to be known and designated as (PALOMAR AIRPORT ROAD) ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"). 2. The public works of improvement proposed to be constructed pursuant to th Assessment District include street improvements to Palomar Airport Road, wate . improvements, drainage improvements, uti1 ity installation and acquisition o r i ght -of -way. 3. Owner is the owner of certain real property'located in the City of Carlsbdd an identified as Assessor's Parcel No. . 211-021-19 (the "Property"). Th Property is more particularly described in txhibit "A", which is attached heret and by this reference made a part hereof. 4. The Property is currently included within the proposed boundaries of thc Assessment District and accordingly to the "Investigation Report" prepared fol the City pursuant to the "Special Assessment Investigation, Limitation an( Majority Protest Act of 1931", the Property would be subject to assessment. 5. Pursuant to the proceedings of the "Special Assessment Investigation, Limitatiol and Majority Protest Act of 1931", Owner has filed a written protest pertainin1 to the formation of the Assessment District and the levy of the proposed assess ment against the Property. Owner's protest is based upon Owner's belief that thl Property does not benefit from the proposed public works of improvement as t result of 1 imitations on development placed upon the Property under the curreni Local Coastal Plan and other land use restrictions. 6. Owner has agreed to withdraw its protest to the formation of the Assessmenl District if the City agrees to contribute to the Assessment District a sum equa' to the assessment against the Property and to modify the Assessment Oistricl proceedings to eliminate any proposed assessment against the Property. 7. 'City is willing to contribute the sum specified herein if the Owner agrees tc reimburse the City for such contribution plus interest as specified herein wher and if the Local Coastal Plan restrictions on development of the Property anc other land use restrictions are eliminated. 0 a 8. Owner is willing to agree to reimburse the City for monies advanced, provide that the terms and conditions hereinafter have a reasonable time limit and th obligation is not perpetual. NOW, THEREFORE, upon the terms and conditions and for the consideration set fort hereinafter, the parties agree as follows: 1. City agrees that it will contribute a sum not to exceed f ~74~- , whic represents the current proposed assessment against the wvy, and approve change and modification in the Assessment District proceedings so that up0 . confirmation of assessments within the Assessment Oistrict no assessment would b levied against the Property. 2. Prior to the close of the protest hearing conducted pursuant to the "Municipa Improvement Act of 1913", Owner agrees to file with the City Clerk a writte withdrawal of Owner's protest to the formation of the District and Owner agree thereafter not to file a protest to such formation. 3. When and if the Local Coastal Plan and other land use restrictions are so modi fied as to permit development of the Property and the City's General Pla concurrently permits development of the Property and Owner requests a permit t allow development on said land either through a use permit, building permit grading permit or subdivision or parcel map, Owner shall then inmediately b obligated to either (a) reimburse the City for the principal amount of the City' contribution to the Assessment District, plus interest, as set forth herein, o (b) execute a promissory note and deed of trust pursuant to the terms an conditions as set forth hereinafter. For purposes of this Agreement "development" means the division of land, grading or original construction of ai improvement to the Property, which division of land, grading or construction i of the type normally associated with urban development as opposed to agricultura activity and which is capable of receiving and utilizing the special benefit< accruing to the Property from the construction of the public works of improvemen pursuant to the Assessment District. 4. In lieu of paying the principal and interest upon development, the Property Ownel may, at its option, elect to pay all sums necessary to bring current the amoun as if an assessment had been levied, and then to pay the balance due over period of years, said period being the balance of the term for the issuance 01 bonds. This obligation to pay over a period of years shall be evidenced by ( note and deed of trust in form satisfactory to the City Attorney, and said amouni may be prepaid at any time without penalty. The Reimbursement Agreement and obligation shall be in full force and effect foi thirty (30) years, and the Property Owner's obligation and paynent shall accruc interest at the rate of eight and one-quarter percent (8.25%) per annum from thc date of issuance of the bonds for the Assessment District for d period of fifteei v (15) years. 6. Upon execution of this Agreement, the City shall cause a copy of this Agreemenl 5 5. to be recorded in the Office of the County Recorder of the County of $an Diego. e a 7. This Agreement constitutes the entire agreement between the parties pertaini to the subject matter contained herein, and supercedes all prior d contemporaneous agreements , representat ions and understandings of the partie No supplement, modification or amendment of this Agreement shall be bindi unless executed in writing by all the parties. No waiver of any of t provisions of this Agreement shall be deemed or shall constitute a waiver of d other provision, whether or not similar, nor shall any waiver constitute continuing waiver. No waiver shall be binding unless executed in writing by ti parties making the waiver. This Agreement shall be binding upon and inure to the benefit of the respecti heirs, personal representatives, successors and assigns of the parties hereto. A1 1 warranties, representations, covenants, ob1 igations and agreements contain in this Agreement shall survive the execution and delivery of this Agreement a any and all performances in accordance with this Agreement. 10. In the event that judicial or other legal action is initiated pertaining to t enforcement of this Agreement, the prevailing party in such action shall entitled to reasonable attorney's fees and costs. 11. Any notice, request, demand or other comnunication to be given to either par hereunder shall be in writing and shall be sent by registered or certified mai a5 follows: TO CITY: City of Carl sbad 1200 Elm Avenue Carl sbad, CA 92008 Attention: City Manager TO OWNER: Carltas Co. . Christopher Cal kins P. 0. Box 488 Encinitas, CA 92024 Notice shall have been deemed to be given forty-eight (48) hours after the sa has been deposited in the United States mail post office box in the State which the notice is addressed, or seventy-two (72) hours after deposited in a such post office box other than the State in which the notice is addresse postage prepaid, addressed as set forth above. The addresses and addressees f the purpose of this paragraph may be changed by giving of written notice of su change in the manner provided herein for giving notice. Unless and until su notice is received, the last address and addressee stated by written noticc shall be deemed to continue in effect for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement ( the date and year set forth below. 8. 9. I m I) EXECUTED dt Carlsbad . , CdlifOrnid, this &th day Of August , 1986. "C ITY" CITY OF CARLSBAD Ely:% J. Le MARY H. C LER, Mayor By ; ALETHA L. RAUTENK EXECUTED at d&c/&/rx!C , California, this /D &f day of ,To&? 9 1986. ent @ e c REIMBURSEMENT AGREEMENT THIS AGREEMENT is made by and between the CITY OF CARLSBAD ("City"), a municipa corporation, and PAUL ECKE, SR. ("Owner"), an individual. RECITALS 1. The City Council of the City has initiated proceedings for the formation of , special assessment district, pursuant to the terms and provisions of thc "Municipal Improvement Act of 1913", being Division 12 of the Streets an( Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, saic assessment district to be known and designated as (PALOMAR AIRPORT ROAD) -------- ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"). 2. The public works of improvement proposed to be constructed pursuant to thc Assessment District include street improvements to Palomar Airport Road, water improvements, drainage improvements, uti1 ity installation and acquisition 01 right-of-way. 3. Owner is the owner of certain real property located in the City of Carlsbad an( identified as Assessor's Parcel No. 212-041-05 (the "Property"). Thc Property is more particularly described in' Exhibit "A" , which is attached hereti and by this reference made a part hereof. 4. The Property is currently included within the proposed boundaries of thc Assessment District and accordingly to the "Investigation Report" prepared foi the City pursuant to the "Special Assessment Investigation, Limitation an0 Majority Protest Act of 1931", the Property would be subject to assessment. 5. Pursuant to the proceedings of the "Special Assessment Investigation, Limitatior and Majority Protest Act of 1931", Owner has filed a written protest pertainins to the formation of the Assessment District and the levy of the proposed assess- ment against the Property. Owner's protest is based upon Owner's belief that thc Property does not benefit from the proposed public works of improvement as i result of limitations on development placed upon the Property under the current Local Coastal Plan and other land use restrictions. 6. Owner has agreed to withdraw its protest to the formation of the Assessmenl District if the City agrees to contribute to the Assessment District a sum equa' to the assessment against the Property and to modify the Assessment District proceedings to eliminate any proposed assessment against the Property. 7. City is willing to contribute the sum specified herein if the Owner agrees to reimburse the City for such contribution plu3 interest as specified herein when and if the Local Coastal Plan restrictions on development of the Property and other land use restrictions are eliminated. a e 8. Owner is willing to agree to reimburse the City for monies advanced, provide that the terms and c-onditions hereinafter have a reasonable time limit and th ob1 igation is not perpetual. NOW, THEREFORE, upon the terms and conditions and for the consideration set fort hereinafter, the parties agree as follows: 1. City agrees that it will contribute a sum not to exceed , whic represents the current proposed assessment against the y, and approve change and modification in the Assessment District proceedings so that up0 confirmation of assessments within the Assessment District no assessment would b levied against the Property. 2. Prior to the close of the protest hearing conducted pursuant to the "Municipa Improvement Act of 1913", Owner agrees to file with the City Clerk a writte withdrawal of Owner's protest to the formation of the District and Owner agree thereafter not to file a protest to such formation. 3. When and if the Local Coastal Plan and other land use restrictions are so modi fied as to permit development of the Property and the City's General Plai concurrently permits development of the Property and Owner requests a permit tc allow development on said land either through a use permit, building permit grading permit or subdivision or parcel map, Owner shall then imnediately bl obligated to either (a) reimburse the City for the principal amount of the City' contribution to the Assessment District, plus interest, as set forth herein, 01 (b) execute a promissory note and deed of trust pursuant to the terms an conditions as set forth hereinafter. For purposes of this Agreement, "development" means the division of land, grading or original construction of ai improvement to the Property, which division of land, grading or construction i! of the type normal ly associated with urban development as opposed to agricul tura' activity and which is capable of receiving and utilizing the special benefit! accruing to the Property from the construction of the public works of improvemenl pursuant to the Assessment District. In lieu of paying the principal and interest upon development, the Property Ownel may, at its option, elect to pay all sums necessary to bring current the amounl as if an assessment had been levied, and then to pay the balance due over I period of years, said period being the balance of the term for the issuance ot bonds. This obligation to pay over a period of years shall be evidenced by a note and deed of trust in form satisfactory to the City Attorney, and said amount may be prepaid at any time without penalty. 5. The Reimbursement Agreement and obligation shall be in full force and effect for thirty (30) years, -and the Property Owner's obligation and payment shall accrue interest at the rate of eight and one-quarter percent (8.25%) per annum from the date of issuance of the bonds for the Assessment District for a period of fifteer (15) years. 6. Upon execution of this Agreement, the City shall cause a copy of this Agreement to be recorded in the Office of the County Recorder of the County of San Diego. 1 4. e e 7. This Agreement constitutes the entire agreement between the parties pertainin to the subject matter contained herein, and supercedes all prior an1 contemporaneous agreements, representations and understandings of the parties No supplement, modification or amendment of this Agreement shall be bindin unless executed in writing by all the parties. No waiver of any cf th provisions of this Agreement shall be deemed or shall constitute a waiver of an other provision, whether or not similar, nor shall any waiver constitute continuing waiver. No waiver shall be binding unless executed in writing by th parties making the waiver. 8. This Agreement shall be binding upon and inure to the benefit of the respectiv heirs., personal representatives, successors and assigns of the parties hereto. 9. A1 1 warranties, representations, covenants, obligations and agreements containe in this Agreement shall survive the execution and delivery of this Agreement an any and all performances in accordance with this Agreement. 10. In the event that judicial or other legal action is initiated pertaining to th enforcement of this Agreement, the prevailing party in such action shall b entitled to reasonable attorney's fees and costs. 11. Any notice, request, demand or other communication to be given to either part hereunder shall be in writing and shall be sent by registered or certified mail as follows: TO CITY: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: City Manager TO OWNER: Notice shall have been deemed to be given forty-eight (48) hours after the sa has been deposited in the United States mail post office box in the State 1 which the notice is addressed, or seventy-two (72) hours after deposited in ai such post office box other than the State in which the notice is addressec postage prepaid, addressed as set forth above. The addresses and addressees fc the purpose of this paragraph may be changed by giving of written notice of su( change in the manner provided herein for giving notice. Unless and until su( notice is received, the last address and addressee stated by written noticc shall be deemed to continue in effect for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement ( the date and year set forth below. e e i EXECUTED at Car-sbad , California, this &h day of AUPst , 1986. 'I C I TY I' CITY OF C RLSBAO By: q& d. k- By: do,& MARY H. CAS R, Mayor ALETHA L. RAUTENK , 1986. JiLV EXECUTED at &h c/#/7&+q , California, this - /@-day r"ri of . I' OW NE R 'I 2& 5L.A- AUL tCKt, SR. * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 8720 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENTS PERTAINING TO A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNI has heretofore commenced proceedings pursuant to the provisions o the "Special A>ssessment Investigation, Limitation and Majorit Protest Act of 1931", being Division 4 of the Streets and Highway Code of the State of California, for the construction of certai works of improvement, together with appurtenances and appurtenan work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the "Assessment District"); and, WHEREAS, there exists certain property within the boundarie of the proposed Assessment District which cannot legally utiliz the special benefits which would otherwise accrue to those proper ties from the proposed improvements as a result of the classifica tion of said parcels as permanent agriculture under the Mello I Local Coastal Plan; and, , WHEREAS, the City Council has agreed to make a contributio to the proposed Assessment District which would represent th assessments which would be levied against said properties but fo their classification as permanent agriculture. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true an correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 l4j 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 SECTION 2. That the Reimbursement Agreements by and betwee the City and Carltas Co. and Paul Ecke, Sr. are hereby approved and the Mayor and City Clerk are authorized to execute sai Agreements on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the Cit Council held on the 5th day Of August . , 1986, by th following vote,,to wit: c AYES: NOES: None AB S E N T : Council Members Casler, Lewis, Chick and Pettine Council Member Kulchin d& LtR, Mayor ATTEST: 7T4ifkd-q Y 1Y rk (SEAL) 4 si 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 e 0 RESOLUTION NO. 8721 A RESOLUTION OF THE CITY COUNCIL OF THE . CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH NESTE, BRUDIN & STONE FOR ASSESSMENT ENGINEERING SERVICES. WHEREAS, the City Council on July 1, 1986, determined it was in tt public interest to require improvements in a special assessment district know as Assessment District No. 86-1 (Palomar Airport Road West); and WHEREAS, the City Council has previously approved a master agreement wit the firm of Neste, Brudin & Stone for assessment engineering services; NOW, THEREFORE, the City Council of the City of Carlsbad, Californiz does ordain as follows: 1. That the sixth Supplemental Agreement to the Agreement fo Asseessment Engineering Services between the City of Carlsbad and Neste Brudin & Stone, a copy of which is attached as Exhibit A, and incorporate herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized an directed to execute said agreement for and on behalf of the City of Carlsbad. 22 iy 23 24 AYES: NOES: None Council Members Casler, Lewis, Chick and Pettine ABSENT : Council Member Kulchin %+.fdL I wit: MARY H. C LER, Mayor ATTEST: e 4 6TH SUPPLEMENTAL AGREEMENT TO AGREEMENT FOR ASSESSMENT ENGINEERING SERVICES (MASTER AGREEMENT) (PALOMAR AIRPORT ROAD) .' DATED MARCH 13, 1985 THIS 6TH SUPPLEMENTAL AGREEMENT to the above described agree- ment as approved by the City Council of the City of Carlsbad on March 19, 1986, hereinafter referred to as "Master Agree- ment", is made and entered into as of the 6 +h day of LiGuSl- , 1986, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" and NESTE, BRUDIN & STONE INCORPORATED, hereinafter referred to as "Consultant". RECITALS City requires the services of an assessment engineering con- sultant to assist in providing assessment engineering and pro- cessing of an assessment district referred to as Assessment District No. 86-1 (Palomar Airport Road). The City Council has completed proceedings under the Debt Limit Act of 1931 and wishes to proceed with the ultimate for- mation of a district under the Municipal Improvement Act of 1913. The project is described as: Palomar Airport Road from Paseo Del Norte to approximately 8,000 feet east and more particularly described in the 1931 Act proceedings. EXS i 5iT. ''A'P - 1- 0 a NOW, THEREFORE, City and Consultant mutually agree to supple- ment the above referenced agreement as follows: I. CONSULTANT'S OBLIGATION The following paragraphs are intended to encompass all duties and responsibilities of the "Engineer of Work" and the nAsseSsment Engineer," as such terms are customarily used in proceedings under the Municipal Improvement Act of 1913 and 4 the Improvement Bond Act of 1915. In addition, Consultant shall be responsible for providing public information with regard to this Assessment District for City. A. Assessment Engineering Consultant shall perform all work necessary to assist the City Engineer in processing the Palomar Airport Road Assess- ment District. The work shall include but not be limited to the following as directed by the City Engineer: 1. Mapping - Prepare maps (boundary maps and assessment diagrams) and related documents required under the Municipal Improvement Act of 1913. 2. Engineer's Report - Prepare the Engineer's Report required by said Act. 3. Property Listings - Prepare and keep current the following lists for all properties: A mailing list of the record owners of all par- cels within Assessment District including assess- ment number and the assessor's parcel number, legal description, mailing address of owner, value of land and improvements, and amount of assessment. - 2- e An alphabetical list of the record owners of all parcels within Assessment District. 4. Coordinate with design engineer, review construction drawings relative to assessment proceedings, and review con- struction cost and quantity estimates provided by design engineer. 5. Printing and Mailing of Notices - In connection with formal hearings to be held, arrange for printing and mailing of notices prepared by the bond counsel. for printing and mailing general information material to all property owners in accordance with the legal time schedule. Arrange for printing of hearing and posted notices and post- ing as required by said Act. Remove posted notices promptly after hearings. Prepare and arrange 6. Testing of Assessment Criteria - Review all alterna- tive criteria or methods of assessment for the individual par- cels of land. Hold meetings with the City staff, affected land owners, bond counsel, and financial consultant on a per- iodic basis for review and testing of assessment criteria. 7. Bond Sale Information - Provide information neces- sary for the bond counsel or financial consultant, including but not limited to: information for bond opinion; information to be included in a-n official statement to be issued by the City to bond purchasers, including all information contained in the Engineer's Report; and general information and data regarding the Assessment District. -3- e 0 8. Informal Meetings - Attend all informal meetings or hearings held for the purpose of disseminating information to the public. assemble information for purposes of making a complete and factual presentation. information for public distribution. Prior to such meetings or hearings, prepare and Prepare sufficient copies of written 9. Formal Hearings - Attend all hearings held under said Act, fully prepared to present all necessary testimony and to respond to all public comments. prepare a booklet for each member of the City Council and each staff member consisting of a proposed agenda, Engineer's Report, summary of construction bids, tabulation of final assessment on each parcel of land, alphabetical list of owner- ship and general information. Prior to conclusion of the hearing, tabulate all protests and file a written summary thereof with the City Clerk. Prior to the hearing, 10. Filing Assessment Documents - After the final hear- ing for the formation of the Assessment District, file the assessment diagram, roll and notice of assessment with the appropriate public officials, such as the City Clerk, Super- intendent of Streets, County Recorder, County Surveyor, Treas- urer or Paying Agenk, and other City and County officials. 11. Final Assessment Notices - Prepare final assessment notices and arrange for mailing said notices to property owners, as requested and confirmed by the City Council at the hearing. 12. Unpaid Assessment List and Bonds - After expiration of the cash collection period, prepare a paid and unpaid list of assessments. -4- 0 0 4 13. Treasurer's Report - Assist in the preparation of a Treasurer's Report of unpaid assessments. 11. ADDITIONAL SERVICES When authorized in writing by the City Engineer, Consul- tant shall perform or obtain from consultants or subcontractors approved by City,,additional services in connection with the Project not otherwise provided for in this Agreement. additional services shall be paid for by City as provided in Section 5 of the Master Agreement. Said 111. PERIOD OF SERVICE Work shall begin within ten (10) calendar days after receipt of notification to proceed by the City Engineer. Work shall proceed in a diligent manner to conclusion accord- ing to a schedule approved by the City Engineer. of time may be granted by the City Engineer in accordance with Section 3 of the Master Agreement. Extensions IV. FEES TO BE PAID TO CONSULTANT City shall pay Consultant for services as hereinafter set forth . Schedule 1 A. City shall pay the Consultant for services described under Part I-AI Assessment Engineering, a lump sum fee of Twenty Thousand Dollars ($20,000). -5- W 0 Upon the execution of this Agreement, any payments made by or billed to Gity by Consultant on an hourly rate basis pursuant to the Master Agreement for this Assessment District shall be credited to and be considered as included in the lump sum fee set forth above in this Section. IN WITNESS WHEREOF, this Supplement to Agreement dated March 13, 1985, has been executed by the parties through their duly authorized representatives as of the date first hereinabove written . NBS/LOWRY, INCORPORATED CITY OF CARL BAD By: c / 4- O&A %< JL Title: (4 /,.- S TO FORM: ATTESTED : l2.hkLd City Clerk -6-