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HomeMy WebLinkAbout1998-08-04; City Council; 14821; Reimbursement Agreement - Cannon Road West-9 ;/ If,: , . ,' -, :- ' CITY bF CARLSBADXAKLSBAD MUNICIPAL WATER dSTRICT - AGEND e 0 / I I -I ,% ...* '' t ..id ..= "> '9 "x. 1 ..e -3 z 0 i= 0 a n m .. e 4 0 a g z FL 2 z 0 F 0 J .. a 23 z 2 0 0 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. ~ 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 ’ I1 0 0 1 2 3 4 5 6 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 ( 7 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 14 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 19 previously and with the 1998-99 Capital Improvement Program; and 20 construction of the water and recycled water transmission mains and were appn 21 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. 26 Ill 27 Ill 28 111 0 0 1 2. That the reimbursement agreement by and between the Carlsbac 2 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 5 6 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad I 7 8 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 10 11 12 13 14 ATTEST: I!3 16 I 1 .z I A~~mtENKwzdz I!3 16 I 1 .z I A~~mtENKwzdz 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) II 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 0 0 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 I I I/' Ill 0 0 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 4 1. That the above recitations are true and correct. 5 California, as follows: 6 9 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) 11 12 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 14 15 16 17 18 1 1 ATTEST: 19 .l - 20 AL!kM{TE$kk*W (SEAL) 21 22 23 24 25 26 27 28 1 e 0 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. 1 0 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. . . .. . . .. . . .. . . .. . . .. 2 .* 0 a 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. 3 0 0 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. 4 0 0 (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 ' 0 0 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. 6 0 0 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