HomeMy WebLinkAbout1998-08-04; City Council; 14821; Reimbursement Agreement - Cannon Road West-9 ;/ If,: , . ,' -, :-
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AB# 14,821 TITLE: APPROVAL OF A
REIMBURSEMENT AGREEMENT FOR THE
MTG. 8/04/98 CONSTRUCTION OF A PORTION OF
DEPT. HD
CITY ATT
CANNON ROAD WEST REACH 1 L
DEPT. ENG CITY MGF
RECOMMENDED ACTION:
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 1024 aPP
a reimbursement agreement with the Carlsbad Ranch Company, LLP, for the construction 01
and recycled water transmission mains in Cannon Road West.
City of Carlsbad City Council: Adopt Resolution No. 98-284 approving a reimburs agreement with the Carlsbad Ranch Company, LLP for the construction of a portion of C
Road West Reach 1.
ITEM EXPLANATION:
The owner/developer of the Carlsbad Ranch project has worked with City and Water I engineering staff to formulate an agreement providing for the completion of certain Cannon
West Improvements between LEG0 Drive and future Faraday Avenue (Cannon Road
Reach I). The basis for this agreement is the existing Cannon Road West Bridgc
Thoroughfare District No. 3 (BTD#3), approved on June 16, 1998 by the City Council. The PI
of BTD#3 is to provide a funding mechanism for the construction of Cannon Road West fro
Country Drive to El Camino Real.
The City currently has Cannon Road West Reach 1 out to bid. In addition to street improve1
the bid package includes water, recycled water transmission mains and a collector sewer
water and recycled water transmission mains are upsized from those required to develop C;
Ranch. The Carlsbad Ranch Company, LLP, is eligible for reimbursement for the diffc
between the upsized pipe and the required improvements. The District Engineer has perfor
review of the items in the preliminary cost budget for eligibility for reimbursement from the
connection fee fund. Items that are eligible for reimbursement are identified in Attachment B
reimbursement agreement.
The work to be completed by the Carlsbad Ranch Company, LLP, includes the grading easterly abutment for the Macario Canyon Bridge. Grading the abutment now will initiz
settlement of the soil below the abutment. Initiating the settlement now is key in the City's de
construct Cannon Road Reach 1 in 1999. Without this agreement, the grading would be dl
part of the public works contract. The length of time required to achieve the settlement woul
construction of the project into the breeding season of the endangered Least Bell's vireo an(
delay construction six or more months.
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The Fee Study Report prepared in conjunction with the BTD #3's formation allo\
reimbursement for improvements that are defined as "common improvements". The asse:
engineer has performed a review of the items in the preliminary cost budget for eligibi
reimbursement from Cannon Road West funds. Items that are eligible for reimbursemf
identified in Attachment B of the reimbursement agreement.
The Carlsbad Ranch Specific Plan and the related tentative map were approved by City Cou
January 9, 1996. As a condition of approval, the developer/owner was required to co
Cannon Road West along the Specific Plan Frontage to full major arterial standards. The a1
also contained a provision permitting the developer to apply for reimbursement.
,
< Page 2 of Agenda Bill No. Q,821 e
subject to the reimbursement agreement for administration and inspection during
the construction of eligible items $ 340,000
, Page 3 of Agenda Bill No. 9821 0
EXHIBITS:
1. Location Map.
2. Carlsbad Municipal Water District Board of Directors. Resolution No. 102L
approving a reimbursement agreement with the Carlsbad Ranch Company, LLP, f construction of a portion of Cannon Road West Reach 1.
3. City of Carlsbad City Council. Resolution No. 98-284 approving a reimburs
agreement with the Carlsbad Ranch Company, LLP, for the construction of a por
Cannon Road West Reach 1.
4. Agreement for Reimbursement Costs for Construction of Improvements for Cannon
West (Reach 1).
STA 72i62.05
MACARlO CANYON EASTERLY ABUTMENT
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RESOLUTION NO. 1024
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD,
CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT
WITH THE CARLSBAD RANCH COMPANY, LLP, FOR THE
CONSTRUCTION OF WATER AND RECYCLED WATER TRANSMlSSibN MAINS IN CANNON ROAD WEST REACH 1.
WHEREAS, the Carlsbad Ranch Company, LLP, as a condition of approval for (
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Ranch Specific Plan Boundary to full major arterial standards; and 8
Tract 94-09 (Carlsbad Ranch), is conditioned to construct Cannon Road West to the (
9 WHEREAS, the developers schedule precedes that of the Carlsbad Municip;
10 District for the construction of the Cannon Road West improvements; and
11 WHEREAS, the water and recycled water transmission mains in Cannon Road V
12 reimbursable items of work from water connection fees; and
13 WHEREAS, the Carlsbad Ranch Company, LLP, has requested Board of C
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Road West; and 15
approval of a reimbursement agreement for the construction of said improvements in
16 WHEREAS, the Carlsbad Ranch Company, LLP, desires to begin construl
17 Cannon Road West immediately; and
18 WHEREAS, adequate funds exist in the water connection fee fund to pay
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previously and with the 1998-99 Capital Improvement Program; and 20
construction of the water and recycled water transmission mains and were appn
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prior review. 22
WHEREAS, the Planning Director determined that the requested action is consist1
23 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the C
24 Municipal Water District of Carlsbad, California, as follows:
25 1. That the above recitations are true and correct.
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1 2. That the reimbursement agreement by and between the Carlsbac
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behalf of the Board of Directors. 4
‘j -30- 7 8 is hereby approved and the President is authorized to sign said agref 3
Company, LLP, the City of Carlsbad, and the Carlsbad Municipal Water Distri
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6 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad I
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Water District held on the 4th day of August , 1998 by the following voi
AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None 9
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RESOLUTION NO. 98-284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH
THE CARLSBAD RANCH COMPANY, LLP, FOR THE CONSTRUCTION
OF A PORTION OF CANNON ROAD WEST REACH I.
WHEREAS, the Carlsbad Ranch Company, LLP, as a condition of approval for
Tract 94-09 (Carlsbad Ranch), is conditioned to construct Cannon Road West to the
Ranch Specific Plan Boundary to full major arterial standards; and
WHEREAS, a separate condition of Carlsbad Tract CT 94-09 (Carlsbad Ranch)
that fill material for Cannon Road Reach 1 be made available to the City; and
WHEREAS, the developers schedule precedes that of the City of Carlsbac
construction of the Cannon Road West improvements; and
WHEREAS, the Carlsbad Ranch Company, LLP, has agreed to expand their con
program to include placing the fill material in its final location in the Macario Canyon
bridlge abutment provided that they are reimbursed from the proceeds of the Bril
Thoroughfare District No. 3 (Cannon Road West); and
WHEREAS, the full width grading and two traffic lanes separated by a raised
of Cannon Road are reimbursable items of work included in Bridge and Thoroughfarc
No. 3; and
WHEREAS, the Carlsbad Ranch Company, LLP, has requested City Council i
of a reimbursement agreement for the construction of said improvements to Cannc
West; and
WHEREAS, the Carlsbad Ranch Company, LLP, desires to begin constru
Carmon Road West immediately; and
WHEREAS, adequate project funds exist in the Bridge and Thoroughfare Distric
and Cannon Road West funds to pay for the construction of Cannon Road West Reacl
were appropriated with the 1998-99 Capital Improvement Program; and
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1 WHEREAS, the Planning Director has determined that the requested action is cc
2 with prior CEQA review.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
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1. That the above recitations are true and correct. 5
California, as follows:
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hereby approved and the Mayor is authorized to sign said agreement on behalf of the Cii 8
Company, LLP, the Carlsbad Municipal Water District and the City dated T) -3 c3 -- 9 7
2. That the reimbursement agreement by and between the Carlsbac
10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit)
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held on the 4th day of August , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall )I NOES: none 13
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18 1 1 ATTEST:
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20 AL!kM{TE$kk*W (SEAL)
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
I SPACE ABOVE THIS LINE FOR RECORDERS U!
APN: 211-023-13
AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR CONSTRUCTION OF IMPROVEMENTS FOR CANNON ROAD WEST (REACH 1)
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION C
IMPROVEMENTS FOR CANNON ROAD WEST (REACH 1) ("Reimbursement Agreement
dated as of July 3 , 1998, is made at San Diego County, California, between Carlsb;
Ranch Company, L.P., a California limited partnership, exclusively in its capacity as owner
Lot 5, Map No. 13357 ("Owner"), THE CITY OF CARLSBAD, a municipal corporation of tl
State of California ("City"), and THE CARLSBAD MUNICIPAL WATER DISTRICT, a municir
corporation of the State of California (District), with reference to the following:
RECITALS:
A. Owner holds fee title to the real property described on Exhibit A ("Property"), whic
Owner intends to develop as part of a golf course ("Project") as contemplated by Mast1
Tentative Map CT 94-09 ("Tentative Map"). City's Planning Commission, by Plannir
Commission Resolution No.3851, recommended conditional approval of the Tentative Map.
6. Conditions of approval for the Tentative Map ("Conditions") requires Owner
construct a portion of Cannon Road, referred to as the "Improvements", and as mol
specifically described in Exhibit "B" attached hereto. Because the Project is within City's Brid<
and Thoroughfare District No. 3 ("B&TD #3"), certain costs incurred by Owner in performing tt
Improvements are reimbursable from fee collections for B&TD #3, Cannon Road West proje
funds and water connection fee funds.
C. Owner has agreed to construct the Improvements, but only on terms ar
conditions that will ensure that: (i) City will provide reimbursement from B&TD #3, Cannon Roz
West project funds and water connection fee funds, on a progress-payment basis, of 2
Reimbursable Expenses that are incurred by Owner in connection with the Improvements; an
(ii) City has appropriated funds for the portion of Cannon Road West included in this agreemer
with the 1998-1999 Capital Improvement Program; and (iii) District has appropriated funds fc
the water and recycled water lines.
D. City, District and Owner intend that this Reimbursement Agreement satisfy th requirements of GOVERNMENT CODE 966486.
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THE PARTIES AGREE:
1. Cannon Road.
(a) City shall be responsible for acquiring the right-of-way for Cannon Road WE
and any off-site grading or borrow site easements required for the grading of that right of w
prior to Owner's commencement of construction.
(b) Owner's agreement to perform the Improvements as set forth herein shall fu
satisfy and constitute full compliance with the Master Tentative Map Condition 48(a), 72(!
73(b) and 74 for the Project.
2. Reimbursable Work.
(a) All work giving rise to Reimbursable Expenses is referred to as "Reimbursat
Work". Notwithstanding anything herein to the contrary, all Reimbursable Expenses shall be 1
work that is within B&TD #3 and oversizing for water and recycled water pipelines.
(b) With respect to all hard costs of construction comprising Reimbursable Wo
Owner has provided the estimated quantities and unit costs of the Reimbursable Work (Exhi
"Bn) for review and the City and District deems them to be reasonable.
(c) During the performance of any Reimbursable Work, Owner shall rek
detailed payment records for all items of Reimbursable Work, for use by City and District
auditing any subsequent reimbursement requests by Owner. Owner's requests i
reimbursement (each, a "Reimbursement Request") shall include copies of contracts, chant
orders, invoices, payment slips, canceled checks (front and back), lien releases and ott
documentation reasonably required by City to evidence the completion and payment for ea
item of Reimbursable Work. Reimbursement Requests may be submitted by Owner
described in Paragraph 3.
(d) Exhibit B sets forth the preliminary cost estimate for the Reimbursable Wo
The parties acknowledge that Exhibit B lists items that are eligible for reimbursement and
what percentage they are eligible for payment in accordance with the procedures of Paragra
3 below.
(e) City and District shall provide Owner at its sole expense, all plar
specifications, permits, City inspections and licenses necessary to complete Owner's Wo
City and District shall also provide the services during construction by its civil engineer (O'D
Consultants). Owner shall reimburse the City and District for reasonable costs incurred by C
and District for the above items in the amounts as indicated in Exhibit C.
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3. Audit of Reimbursable ExDenses.
(a) Owner may submit Reimbursement Requests for each month, or port thereof, during which Reimbursable Work was performed.
(b) All Owner's Reimbursement Requests will be processed and audited for C
by a reputable consulting engineer selected by City ("Auditing Engineer"). The costs of
Auditing Engineer shall be paid directly by City and District from B&TD #3 and Cannon Rc
West and water connection fee funds.
(c) The Auditing Engineer shall review all contracts for Reimbursable Work : the payment records submitted in connection therewith, and shall within thirty (30) days a
receipt thereof issue to City and District and Owner a written report either accepting Ownt submittal or specifying with particularity any reimbursement items or amounts not approv Any reimbursement items or amounts not approved by the Auditing Engineer may be furt pursued by Owner using the dispute resolution procedure of Paragraph 5 below.
(d) City's and District's reimbursement obligations hereunder shall be based UF
the actual costs incurred by Owner in performing Reimbursable Work; provided, however, t
to the extent that the cumulative total of BTD#3 Reimbursable Expenses exceed the costs such work estimated in Appendix A to the Fee Study Report for B&TD #3 dated April 16, 19 ("Project Cost Estimate"), plus the twenty percent (20%) contingency, then prior to paymen
such excess, the B&TD #3 fee program shall within the following twelve (12) months amended to reflect the actual construction costs.
4. Pavment of Reimbursable Exbenses.
(a) Upon the Auditing Engineer's determination on any Reimbursement Requ for Reimbursable Expenses, City and District shall, within thirty (30) days thereafter, pay
undisputed Reimbursable Expenses to Owner.
(b) Any disputed Reimbursable Work that are ultimately agreed or determinec
be payable shall be paid to Owner within thirty (30) days after any settlement with or awarc Owner pursuant to Paragraph 3(c) above.
(c) Prior to making any Progress Payment(s) for BTD#3 Reimbursable W performed by Owner between Stations 37+50 and 50+00, the City shall first deduct from s Progress Payment(s) an amount equal to the Property's fair share fee for BT&D #3, currel
estimated to be $52,226.00 as indicated in Exhibit C and Owner shalt receive a credit agai
the B&TD #3 fee obligation for the Property in the same amount.
5. Diswtes. If a dispute should arise regarding the performance or interpretation
this Reimbursement Agreement, the following procedure shall be used to resolve any quesi
of fact or interpretation not otherwise settled by agreement between parties. Such question!
they become identified as a part of a dispute among persons operating under the provision$
this contract, shall be reduced to writing by an officer of Owner or by City's Public Wa
Director. A copy of such documented dispute shall be forwarded to both parties involved ai( with recommended methods of resolution which would be of benefit to both parties. The Pu Works Director or officer of Owner receiving the letter shall reply to the letter along wit1 recommended method of resolution within ten (IO) days. If the resolution thus obtainec unsatisfactory to the aggrieved party, a letter outlining the dispute shall be fotwarded to the ( Council for their resolution through the Office of the City Manager. The City Council and/or Water Board may then opt to consider the directed solution to the problem. In such cases,
action of the City Council and/or the Water Board shall be binding upon the parties involu
although nothing in this procedure shall prohibit the parties seeking remedies available to th at law.
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6. Other Provisions.
(a) Unless otherwise specifically provided herein, all notices, demands or ott
communications given hereunder shall be in writing and shall be deemed to have been dl
delivered upon personal delivery, or by Federal Express (or similar reputable express delivt
service), or by facsimile transmission with back-up copy mailed the same day, or as of t
postage prepaid, addressed as follows:
second business day after mailing by United States certified mail, return receipt request1
If to Owner, to: Carlsbad Ranch Company, L.P.
c/o Carltas Company
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008
Telephone: (760) 431-5600
Facsimile: (760) 431 -9020
Attention: General Partner
If to City, to: The City of Carlsbad
Public Works - Engineering Department
2075 Las Palmas Drive
Carlsbad. California 92009
Telephone: (760) 438-1 161 x 4391
Facsimile: (760) 431 -5769
Attention: Public Works Director
If to District: The Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
Telephone: (760) 438-2722
Facsimile: (760) 31-1601
Attention: General Manager
or to such other address or to such other person as any party shall designate to the others such purpose in the manner set forth above.
(b) This Reimbursement Agreement, and the releases and other agreemel
contained in this Reimbursement Agreement shall be binding on and inure to the benefit of 1
parties and their heirs, successors, assigns, partners, principals, agents, officers, directa
shareholders and attorneys of the Parties. Notwithstanding the foregoing, any reimbursemc
rights hereunder shall remain with Owner unless Owner should specifically assign those rig1
to a successor, by a written assignment delivered to City.
(c) This Reimbursement Agreement may be executed in any number
counterparts. each of which when so executed and delivered shall be deemed to be an origil
and all of which counterparts taken together shall constitute but one and the same instrumenl
(d) No modification, waiver or discharge of this Reimbursement Agreemc
shall be valid unless the same is in writing and signed by the party against which 1
enforcement of such modification, waiver or discharge is or may be sought.
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(e) This Reimbursement Agreement shall be interpreted and enforced unc
the laws of the State of California.
(9 Time is of the essence of each provision of this Agreement.
(9) The term of this agreement shall be for a period of two (2) calendar ye; from the date hereof.
(h) This Agreement shall be effective on and from the date on Page 1 of I
Agreement.
(i) The following exhibits are attached to and by this reference incorpora
into and made a part of this Reimbursement Agreement:
A Legal Description of Property
B Preliminary Cost Budget Summary C City and District Reimbursable Costs
IN WITNESS WHEREOF, the parties have executed this Reimbursement Agreement
of the date first set forth above.
Owner: City:
CARLSBAD RANCH COMPANY, L.P., a California limited partnership
By: Carltas Company, a California limited partnership, General Partner
By: Carltas Management, a
District:
By:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney/ General Council
5
. eALIPORNIA ALL-PURP d@k ACKNOWLEDGMENT e
County of fjh4 Di&@
On 3 bL\1 '30 ., 1 '1 'i Y before me, t(wd A- ?-,, r\Ic*y VU BU c
personally appeared @cl?<(s-7apw< c. C'LKrn;S
Date I Name and Ttie of Oftlcer (e.g., "Jane Doe, Notary Public")
Name@) of Signer(s)
"3&ponally known to me - H to be the person
whose namewm subscribed to the within instrumt
and acknowledged to me tha@sWt@uxecuted I
same i&/h&he"authorized capacity(ii), and that
-signature@ on the instrument the person4
or the entity upon behalf of which the personls) actc
executed the instrument.
Description of Attached Document
Title or Type of Document: jj&t&&?+?~dT /%g &'f/M &j e%%kdT DF &r5 b I I Pkth
Document Date: Number of Pages: 5 PUS E
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer@)
0 Corporate Officer
0 Guardian or Conservator
Signer Is Representing:
~ """_" """_ ~ ""_ ~~-~ ~ "_" ~
Q 1994 National Notary Association 8236 Remmet Ave.. P.O. Box 7164 Canoga Park. CA 91309-7164
"~_ - ~~ ~
Pmd. No. 5907 Reorder: Cali Toll-Free '
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Lot 5 of Map No. 13357, Carlsbad Ranch Unit 1 recorded in the Office of the County
Recorder of the County of San Diego, State of California, September 11, 1996.
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EXHIBIT "6'
PRELIMINARY COST BUDGET SUMMARY
CANNON ROAD EXTENSION
[CONSTRUCTION COSTS:
A. Sta. 37+50 to Sta. 50+00
1 . Mobilization
2 . Construction Water
3 . Furnish 8 Install Project Sign
4 . Remove Temporary Fence
5 . Rebalance Subgrade to +I- 0.5' (Allowance)
6 , SubgradePreparation
8 . Type 21 Street Lights, 200 Watt
9 . Adjust Valve Cover to Grade
10 . Aggregate Base
11 . Asphalt Concrete Pavement
12 . Cold Plane Existing AC
13 . &Inch Type "A" AC Die
14 . 2-Inch Thick AC Sidewalk
15 . Street Monument "10
16 . &Inch Type "Bl" Median Curb
17 . Type "G Curb & Gutter
18 . PCC Sidewalk
19 . Commercial Concrete Driveway
20 . 4" Median Stamped Conc. at Cannon Rd.
21 . Pedestrian Ramp Type "B
22 . Remove Plug 8 Conned to Existing Sewer
23 . 8-Inch PVC Sewer Main
24 . Sewer Plug
25 . Sewer Access Hole
26 . Sewer Video Inspection
27 . 24-Inch Welded Steel Redaimed Water Main
7 . Conduit Wire, Pull Boxes & Electrical Service
28 . 16-Inch Welded Steel Water
29 . 12-Inch WSP Stub Out
30 . 6-Inch Blow OR Assembly
31 . 24-Inch Buttertly Valve
32 . 16-Inch Gate Valve
33 . 12-Inch Gate Valve
34 . Cathodic Test Station
35 , Connect to Existing 20-inch Waterline
36 . Connect to Existing 12-Inch Waterline
37 . $Inch Steel Thrust Ring Spool and Concrete
38 . Remove Existing 12-Inch PVC
39 . 2-Inch Air Vacuum Valve
40 . 2-Inch Manual Air Release
41 . 2-Inch Reclaimed Water Irrigation Service
42 . Handle Underground Spoils
43 . 15'4" x 10' SS Arch Undercrossing
44 . Structure Excavation (Arch UC)
45 , Structure Backfill (Arch UC)
46 . 12" PVC Private Drain
47 . 18" x 18" Private CB
48 . TimberBulkheads
49 . 4" Perforated PVC Subdrain
50 . 1 CF - 314" Rock Drain
51 , Arch Underpass ASTM BackfilVMonitoring (Allow)
52 . WICAlV Conduit
53 . Erosion Control Device Removals (Allowance)
54 , 3" Sch. 80 PVC @ Future Signalized Intersedon
55 . Signing & Striping
56 . Site Preparation Landscape Areas
57 . BarkMulch
58 . Median Tree 24" Box
7-15-98-gden's updated (rn I. excel SI?-%)
I"
R. E. Hazard July 10,1997 1
1ILS =$
1ILS =$
ill3 =$
11- =$
1ILS =$
90,500 I SF = $
4lEA =$
31l3 =$
8,500 I TN = $
2,900 I TN = $
2.580 I SF = $
120 I LF = $
565 I SF = $
11m =$
2,300 I LF = $
2.401 I LF = $
12.000 I SF = $
170 I SF = $
12.707 I SF = $
1IEA =$
1IEA =$
943 I LF = $
2lEA =$
31EA =$
943 I LF = $
1,262 I LF = $
1ILS =$
1.274 I LF = $
21m =$
21m =$
2lEA =$
21m =$
31EA =$
2lEA =$
1Im =$ 1im =$
21- =$
48 I LF = $
21m =$
11.54 =$
53 I LF = $
11LS =$
184 I LF = $
9.500 I CY = $
8,655 I CY $
884 I LF = $
21m =$
21EA =$
184 I IF = $
184 I LF = $
1ILS =$
140 I LF = $
1ILS =$
1ILS =$
1ILS =$
1ILS =$
1ILS =$
91EA =$
1 Of5
ITEM II REIMBURSABLE EXP
TOTAL I I Non-Eligible I I
30,500.00 $ 13,115.00 $
1,200.00 $ 516.00 $
1,800.00 0
700.00 s
11,500.00 $
13,575.00 $ 5,837.25 8 "
4.400.00 $ 4,400.00
9.200.00 $ 9.200.00 ___ 1,275.00 $
102,000.00 $ 43,860.00 $
84.100.00 $ 36,163.00 $
1,935.00 $
600.00 $ 600.00 ~
1,271.25 $ 1.271.25 __
400.00 $
12.880.00 s
14.045.85 $ 14.045.85 __
17,400.00 $ 17,400.00 " 510.00
39,391.70
350.00
600.00
18,860.00
160.00
7,200.00
943.00 . ~ ~...
132,510.00 $ 66,886.00 $
95.550.00 8 -
67,522.00 $
9.720.00 0 9.720.00
$ 510.00 ~
$ 39.391.70 ~
$ 600.00 __
$
$ 18,860.00
$ 160.00
~__ 350.00
$ 7,200.00 __ s 943.00
9,750.00 $ 9,750.00 __ .~ - ~-
15,800.00 $ 1,490.00 $
6.800.00 $ 1.490.00 t
3.585.00 $ 2,235.00 $
3.030.00 $ 3.030.00
7.120.00 $ 7,120.00
6.000.00 L 6,000.0p
~
~
__ 3,050.00 $ 3,050.00
864.00 $ 864.00 ~
4,000.00 $ 4,000.00
1,385.00 $ 1,385.00
2,014.00 ~ ~ ~~~
$
10.000.00 s 10.000.00
126,040.00 $ 126,040.00
29,450.00 $ 29.450.00
.~
-
122,901.00 $ 122,901.00
1,840.00 $ 1,840.00
22,100.00 $ 22,100.00 ,
12.61 0.00 $ 12.610.00
" ~. 4,324.00 $ 4,324.00
3,680.00 $ 3,680.00
25,000.00 $ 25,000.00
5,600.00 $ 5,600.00 -~
10,000.00 $
$
___~ 1,500.00 $ 1,500.00
5,000.00 "~"
____
2,300.00 $ 989.00 2- 510.00 $ 510.00
7,650.00 $ 7,650.00 s- -
*. 0 0
59 . 5 Gal. Median Shrub
60 . Hydroseed Mix $3
61 . Hydroseed Mix #2
62 . Hydroseed Mix #1
63 . Median Irrigation System
64 . 4" PVC Median Underdrain
65 . 4" Perf. WC Median Underdrain
66 . Maintenance & Plant Establishment Period
67 . Plug Weep Holes In Curb Inlets
68 . Stabilized Constructin Entrance
69 . Gravel Bags
ITTI REIMBURSABLE EX
TOTAL Non-Eligible I I
216 I EA = $ 3,888.00 $ 3,888.00 ~
1 I LS =$ 28,000.00 $
IILS =$ 9,245.00 $ 9,245.00 ~
IILS =$ 4,950.00 $
1 I LS =$ 19,120.00 $ 19.120.00 -
802 I LF = $ 3,609.00 $ 3,609.00 ~
340 I LF = $ 3.060.00 $ 3,060.00 - 41MO=$ 3,100.00 $ 3,100.00
2lEA =$ 600.00 8
f
600 I EA = $ 750.00 $
5.250 I SF = $ 5.250.00
-
-
$ 1,150.051.80 $ 815,181.05 $ -
ITEMS 27 THROUGH 33 ARE DISTRICT REIMBURSABLE ITEMS
7.15.9ggalen's updated (m.s excel 5 b95) 2 of 5
*I 0
B. Sta. 5O+W to Sta. 63+00
1 . Mobilization
2 . Construction Water
3 Rebalance Subgrade to +I- 0.5' (Allowance)
4 . Subgrade Preparation
5 , Conduit, WE, Pull Boxes 8 Elec. Service
6 . Type 21 Street Lights, 200 Watt
7 . Aggregate Base
8 , Asphalt Concrete Pavement
9 . Street Monument "10
10 . &Inch Type "Bl" Median Curb
11 , Type "G Curb 8 Gutter
12 . PCC Sidewalk
13 . Commercial Concrete Driveway
14 . 4 Median Stamped Conc. at Cannon Rd.
15 24 Welded Steel Waterline
16 16 Welded Steel Waterline
17 24" Butterfly Valve
18 16" Gate Valve
19 2 Air Vacuum Valve
20 2" Blow Off Assembly
21 2" Irrigation Service
22 3" Steel Thrust Ring Spool and Concrete
23 . Metal Beam Guard Railing
24 . Chain Link Fence
25 , Erosion Control Device Removals (Allowance)
26 . 3" Sch 80 PVC Q Future Signalized Intersection
27 . Signing 8 Striping
28 . M9 Barricade
29 , Site Preparation for Landscape
30 . BarkMulch
31 , 5-Gal. Median Shrubs
32 . Median Tree - 24" Box
33 . Hydmseed Mix #3
34 . Hydroseed Mix #2
35 . Hydmseed Mix #1
36 , Median Irrigation System
37 . Maintenance & Plant Establishment Period
38 . Erosion Control (Allowance)
39 . Gravel Bags
40 . Plug Weep Holes in Curb Inlets
Items 15 through 20 are District reimbursable items
Macario Canyon Bridge East Abutment
C. Sta. 58+50 to Sta. 7262.05
1 . Mobilization
2 . Develop Haul Roads
3 . Construction Water
4 . Remedial Grading
5 . Import Fill (From Lot 5)
6 Import Fill (From LEGOLAND)
7 Earthwork StockpildStorage Charge
8 . 112 Ton RSP
9 , Drainage Ditch Type D75
10 . Prefabricated Vertical Drain System
11 . Geotechincal Envelope
12 . Aggregate Base 8 314" Rock
13 . Install City Furnished Piezometers
14 . '7" Stakes for Wick Drain System
15 . Deep Settlement Plates
16 . Shallow Settlement Plates
17 . Auguring for Prefab. Vertical Drains
18 . Erosion Control (Allowance)
19 , Gravel Bags
7.169agaleds updaled (rn s. excel 5.0-95)
(1- REIMBURSABLE El
Non-Eligible -
- 1ILS =$ 25.000.00 $
IILS =$
IILS =$
87,100 I SF = $
IILS =$
41m =$
7,525 I TN = $
2,715 I TN = $
2IW =$
2.600 I LF = $
2,600 I LF = $
13.000 I SF = $
340 I SF = $
16,394 I SF = $
1,302 I LF = $
1.305 I LF = $
IIEA =$
IIEA =s
1,250.00
5,500.00
13,065.00
5,500.00
9,200.00
90,300.00
78.735.00
800.00
14,560.00
15,210.00
18,850.00
1,020.00
50,821.40
136.710.00
97.875.00
7,900.00
3.400.00
-
$
$
$
0
5
5 s
$
$
$
$
$
5
-
21EA =$ 4,000.00
ZlEA =s 3.184.00 -
1IEA =$ 1,730.00 $
4l€A =s 6.100.00
1,295 I LF = $ 54.390.00 -
~..-
$
900 I LF = $ 16,200.00 5
IILS =$ lo.ooo.w $
1 I LS =$ 1,500.00 s
1ILS =$ 2.500.00 0
100 I LF = $ 3.000.00 ~ s
" __
- "
____
" ~
IILS =$
1 I LS =$
4421 EA =s
131€A =$
IILS =$
IILS =s
IILS =$
IILS =$
41 MO =$
1ILS =$
4.100.00
195.00 $
7,956.00 __ $
8,600.00
11,600.00
108,880.00
40.765.00
7.180.00
7.500.00
11,050.00 s
% -
~ s
$
"
$
$
~
$
$
__
" 1,250 I EA = $ 1.562.50 $
$
s 889.488.90 $ -$
6lEA =$ 1,800.00 -
IILS =$
1ILS =$
1 I LS =$
11,200 I CY = $
50,000 I CY = $
25,000 I CY = $
25,000 I CY = $
2,000 I CY = $
750 I LF = $
275,000 I LF = $
14,150 I SY = $
16,100 I TN = $
IILS =$
141EA =$
21m =s
51EA =$
51,500 I LF = $
1ILS =$
350 I EA = $
40,000.00
13,500.00
6,450.00
38.080.00
162,500.00
133,750.00
1.250.00
11 0,000.00
5,475.00
275,000.00
21,225.00
402,500.00
5,020.00
2.450.00
4,790.00
3,300.00
126,175.00
15.000.00
437.50
__ 8
$
.~
-~
$
$ s
$
$
_____
~
~
"
$ s ____~ __
~ " s
____"__ __ $
$
$
$
$
$
$
$
""_ - ". "___ ~
-..
"""" ___ ~
~ ""
_".""_...__"- ~
___ "
____/K
3 of 5
0 0
I] 1 REIMBURSABLE €XI
Non-Eligible I I
20 . Silt Fence 1,500 I LF = $ 6,000.00 $
21 . Environmental Fence (Habitat) 1.350 I LF = $ 14.850.00 $
$ 1,387,752.50 $ -$
- -
Construction Total t 3,427,293.20 t 815,181.05 S
Construction Contingency (3 20% S 685,458.64 f 163,036.21 $
7-1C9e-galen's updaled (m.s. excel 5 095) 4 of 5
*. 0 0
rE"J[ REIMBURSABLE EX
Non-Eligible I I
[INCIDENTAL COSTS: 1 23.78%
1 . Soils Engineering (Allowance) $ 84,610.00 $ 12,584.60 $
2 . Field Engineering (Surveying)(AJlowance)
3 . Archaeological Monitoring (Allowance)
4 . Paleontological Monitoring (Allowance)
5 . Ovethead Allocation (4.00 % Allowance)
6 . Liability Insurance Reimbursement (1.00 %Allowance)
$ 38,400.00 $ s 5.000.00 s
0 5,000.00 0
14,449.06 S
=s 169,830.47 $ 40,394.15 $
=$ 35,603.03 $ 0,460.17 $
Incidental Total s 302,840.47 S 67,427.80 5
Incidental Contingency @ 25% $ 75,710.12 S 16,856.95 S
Total Estimated Cost S 4,491,302.43 $ 1,062,502.01 f -
_. _.
TOTAL ESTIMATED DISTRICT REIMBURSABLE ITEMS $ 459,279 TOTAL ESTIMATED CITY REIMBURSABLE ITEMS TOTAL ESTIMATED NON-REIMBURSABLE ITEMS $2,969,521 $1,062,502
7-1598galcn's vpdaled (m s. excel 5.0-95) 5 of 5
._ . ’,. 0 0
EXHIBIT “C”
CITY REIMBURSABLE COSTS
CANNON ROAD WEST REACH 1
DESCRIPTION AMOUNT
Inspection fees
based on $602,876.05 $6,680
Bridge and Thoroughfare District No. 3 Fee
$1 24 X 600 ADT = $74,400
Less fee paid with AD 95-1 $22,174 $52,226
nuu. J. 1730 O'lJfll'l Ol34Jl3WCW I IV. ddd I .A . h
CARLTAS C d MPANY 0 FAX MEMORANDUM
SSOO Avenida Encinas, Suite 100 Carlsbad, California 920084452 U.S.A.
Telephone: (760) 431 -5600
Fax No.: (760) 431 -9020 Page I of 3
TO: Sherri Howard
COMPANY NAME: City of Carlsbad
FAX PUWWP: 43 1-5769
FROM: David Meyer (x103)
COPIES TO:
8/3/98 $
REGARDING: Cannon Road West
Chris Calkins Simture Authorization
Per your request attached is evidence of Chris Calkins' authorization to execute
agreements on behalf of Carlsbad Ranch Company, L.P.
I will additionall mail you two (2) copies of the attached.
FAX1
. , ,". -. - aa-J , ,~ ~~~;" Ktu"r-- 1------ At LAC .* 7 . =* %W 9€t31s4$Tm kND
'I . 1 .. ' ' WHVd RECORD60 HAIL TO: ;.. -1 2flc # pjy4447-!
--. 0 RUG-1994 03:
CL%TAS co41pArTY
ATTN: CE3ISTOPBER C e CRLXINS
5600 AVENIDA ENCINAS #lo9
CA-XLSBAD, CA. 92008
- OFFICIAL REUIRDS # SllN OlEGO COUNTY RECORDER'S 0
GREGORY SnITH, COUNTY RECUR R F: 6.00 FEES:
2142 AF : 3.00 ffF: 1.00
I A SPACE ABOVE THIS UNE FOR RECORIJm'8 U ~
Hkc bi x8m nflf2r ltnfn# Surrtrrg DL mu
SACRAMENTO ll I, TONY MILLER, Acting Secretary of State of the State of California, hereby cerri,fjl:
That the annexed transcript of 1 page(s) was prepared by and in this ofice from the record on file, of which it purports to be Q
COPY, and that it is fill, true and correct,
si9 SEOSTATE Form LP 222A (RW. ml 94
IN WITNESS WHEREOF, 1 ewcute
this certificate and affix the Great
Seal of the State of California this Jut 2 9 1994
21217 m'-7 0 pm??!,. ~ y Acrrng secrerary NLd& of stPr.2
& *Uk: . . . . . . . - . . . .-
4".
! 'c? .."* +
Hub. 3.iYYM M.13h1 I Ul27clldWLU .~ ~ "_ . "
1. - ti 4. [STi ,*-- . .9M& of Califmi;.* 2 14 3
+ :Lo";: -A sc;c; . ,I
'+;"P;: G- CccrPtnrE e o€ $fair
A,'
-..&-
AMENDMENT TO CERTIFICATE OF LIMITED PARTNERSHIP
IMPORTANT-Read instructions on back before Completing this form
This Certificate is presented for filing pursuant to Section 15622. California Corporations Codg.
1. SECRETARY OF STATE FILE NO. (ORIGINAL CERTIFICATE-FORM LP-1) 2. NAME OF LIMITED PARTN€RSHlP
8635100003 CARLTAS COliPANY, a California Limited Partnership
3. THE CEaTIFlCATE OF LIMITED PARTNERSHIP 1s AMENoED AS FOLLOWS. COMPLETE APPROPRlATE SUB-SECTIONIS) CONTINUE ON SECOND PAGE, IF
A. THE LIMITED PARTNERSHIP NAME IS CHANGED TO.
8. PRINCIPAL EXECUTIVE OFFICE AOORCSS CHANGE. ' E. GENERAL PARTNER NAME CHANGE.
ADDRESS 5600 AVENIDA ENCINAS, SUITE loo OLO NAME:
GIN: ENCINITAS STATE: CA ZIPCODE: 92008 NEW NAME:
C. CAiliORlil9 OFFICZ: ADDRESS CHANCE. F. GENERAL PARTNERfSI WITHORAWN:
ADORESS: 5600 AVENIDA ENCINAS t SUITE 100 NAME; PAUL ECKE, 3R.
CITY: ENCINITAS STATE: CA ZIPCODE: 92008 NAME:
D. GENERAL PARTNER ADDRESS CHANGE: G. GENERAL PARTNER 400ED:
NAME. NAME: CARLTAS MANAGKNENT
AODRESS~ ADDRESS: 5600 AVENIDA ENCINAS, SUITE
CITY. STATE: ZIP CODE: CITY. Carlsbad STATE: CA ZIP ca
H. PERSONIS) WINDING UP AFFAIRS OF LIMITED PARTNERSHIP: . I. INFORMATION CONCERNING THE AGENT FOR SERVICE of PAC
CHANGED TO:
NAME.
ADDRESS. ADDRESS:
NAME:
CIrf. STATE: ' ZIP COOE: CTp(, STAT€: CA ZIP c
.I, THE NUMBER of GENERAL PARTNERS REQUIRED TO ACKNOWLEDGE AND
CONTINUATION, CANCELLATION AND MERGER IS CHANGED TO:
K. OTHER MAlTERS TO RE INCLUDED \N THE CERTIFICATE OFL" ARE AMENDED 6 INDICATED ON THE ATIACHEn PAGE(S). FILE CERTIFICATES OF AMENDMENT, RESTATEMENT, OISSOLUTION, . I n 1 UJ ~~~~~$'~~) ,, YrMBER OF PAGES Afi'ACHEO, 1 1
IhEASE INDI
4. r: IS HEREBY 3ECUilE3 THAT I AM (WE ARE!THE PERSONISI WUD EX
LIMITED PAATNERSHIP. WHICH EXECUTION IS MY IOURl AC' @I 7 Carltas Dmanemsldt .%"- _I - THIS SPACE FOR FUN- -
U
HE IDEHTIFIEO CERTIFICATE OF
GC
S SIGNATURE
P4TE POSITION OR nnE DATE
lb 3s\oT
FI L El b the $ice qf ttre se~ :n SIGNATURE SIGNATURE II Of the Slate of In
POSITION OR TITLE D4TE POSITION OR Til"€ D4TE
5. RETURN ACKNOWLEDGMENT TO: '3UP 2.6 1
NAME r CHRISTOPHER c CANINS PRESIDENT 1 4- fl
ADDRESS CARLTAS MANAGEMENT
ZIP CODE L J STATE CARLSBAD CA 92008
TONY MllLEf
SEUSTATE REV 1 i93 FORM LP.2 - FILING FEE $1 5 00
CllY 5600 AVENlDA ENCINAS STE 100 ACM'G SECAQdfly c
Aopteued bv SacrerdrV 01 SlafP
/, *
0 *
- City of Carlsbad
August 11,1998
Carlsbad Ranch Company, L.P.
% Carltas Company
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008
Attn: General Partner
Enclosed for your records are copies of City Council Agenda Bill No. 14,821 and
Resolution No. 98-284, and Carlsbad Municipal Water District Resolution No. 1024.
These items were approved at the August 4, 1998, Carlsbad Council Meeting, during 2
Joint Meeting with the Carlsbad Municipal Water District.
Also enclosed for your reference is a copy of the fully executed Agreement for
Reimbursement of Costs fbr Construction of Improvements for Cannon Road West
(Reach I).
If you have any questions regarding this agreement, please call Sherri Howard,
Associate Engineer, at (760) 438-1 161, extension 4427.
** ,’ ., , , / -,LL,+F,; -
,? ,t Ji.L k.k - <: -i ’\.
KATHLEEN D. SHOUP
Sr. Office Specialist
“_ “x-.J,,yiti; .‘3
-_ 4 -\-h jf
~~ ~ 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 0 (760) 434-28C
* 0 e
- City of Carlsbad
August 11,1998
County Recorder
PO Box 1750
San Diego CA 921 12-4147
Enclosed for recordation is/are the following described document(s):
Agreement for Reimbursement of Costs for Construction of Improvements
to Cannon Road West (Reach 1)
APN: 21 1-023-1 3
Carlsbad Ranch Company, L.P.
Also enclosed are instructions on how the City is to be billed for the recordation fees
incurred.
Thank you for your assistance with this item.
"/)(I Yy.. ".., f/" ',.I
i ...- /?..e _, lL , -{"' t:.. -LC.- -,L. ".. jkj c (ci . %:x/
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 - (760) 434-28C