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HomeMy WebLinkAbout2002-02-05; City Council; 16540; Reimbursement Agmt for Cannon Road WestCITY OF CARLSBAD - AGENDA BILL LB# Id I 54 0 CITY MGR. EPT. ENG CITY ATTY. CONSTRUCTION OF REACH 2 OF CANNON ROAD WEST ITG. 2/05/02 DEPT. HD. m: APPROVAL OF AMENDMENT NO. 1 AND NO. 2 TO ~~~ REIMBURSEMENT AGREEMENT FOR THE FROM FARADAY AVENUE TO EL CAMINO REAL RECOMMENDED ACTION: Adopt Resolution No. &ma with the Kelly Land Company for the construction of Reach 2 of Cannon Road West from -0U7 approving amendment no. 1 to reimbursement agreement Faraday Avenue to El Camino Real. Adopt Resolution No. ZJOa-OqS/approving amendment no. 2 to reimbursement agreement with the Kelly Land Company for the construction of Reach 2 of Cannon Road West from Faraday Avenue to El Camino Real. ITEM EXPLANATION: On December 15, 1998, the City Council approved a reimbursement agreement between the owner of the Kelly Ranch property (Kelly Land Company) and the City of Carlsbad (City) providing for the completion of Reach 2 of Cannon Road West extending across Kelly Ranch from future of Reach 2 of Cannon Road to major arterial standards including a bridge over Agua Hedionda Faraday Avenue to El Camino Real. The work covered by the agreement includes full construction widening of the roadway, installation of turn pockets, widening of the existing bridge over the Creek. Also covered by the agreement are various modifications to El Camino Real including Agua Hedionda Creek and installation of a traffic signal. This agreement does not cover the sewer or water improvements to be constructed within Cannon Road West. A separate sewer facility reimbursement agreement will be brought forward for Council consideration at a future date. Awater and recycled water reimbursement agreement was approved by City Council on June 6,2000. The basis for the reimbursement agreement is the existing Bridge and Thoroughfare District No. 3 (B&TD No. 3), approved on June 16, 1998. The purpose of the district was to provide a funding mechanism for the construction of Cannon Road West from Car Country Drive to El Camino Real. The Fee Study Report prepared in conjunction with the District's formation states that "A developer who acquires any right-of-way, designs and/or constructs any of the improvements or installs any eligible for credit and or reimbursement, subject to the approval of the City Council. Only those required mitigation for any segment of Cannon Road West covered by the fee program may be improvements or work included within the cost estimates upon which the B&TD No. 3 fee is based are eligible for credit andlor reimbursement." The Kelly Ranch Village "E residential development (CT 96-07) was approved by the City Council on April 7, 1998. As a condition of approval (53(c)) the developer was required to construct a portion of Cannon Road West from El Camino Real to the western boundary of the Village "E" project noted as Reach 2, Phase I on the location map labeled Exhibit 1. Condition 53(c) contained a provision requiring the developer to enter into a reimbursement agreement with the City. At the request of the developer and in consideration of the future development of the remaining portion of the Kelly Ranch property (west of the Village "E" project), the approved agreement addresses reimbursement for the full extension of Cannon Road West across the Kelly Ranch property including the Village "E frontage as required by condition 53(c). Page 2 of Agenda Bill No. /6,5+D The amended Kelly Ranch "Core" development (CT 97-16A) was approved by the City Council on June 12, 2001. As a condition of approval (61(D)), the developer is required to construct full Major Arterial improvements to Cannon Road, including the landscaped raised median, from the southerly boundary of Kelly Ranch Village "E" (CT 96-07) to the southerly boundary of CT 97-16A. Kelly Land Company is eligible for fee credit and/or reimbursement for their portions of the Cannon Road common improvements as defined in BTD No. 3 through the reimbursement agreement dated December 15, 1998. two phases. The first phase included full grading of Cannon Road along the Village 'E" project Under the terms of the reimbursement agreement, the developer is constructing Cannon Road in frontage, construction of the Agua Hedionda Bridge and construction of full surface improvements to Cannon Road from El Camino Real to Frost Street (the entry road into Village "E"). Also included in the first phase are all the El Camino Real improvements described above. The second phase includes full grading and improvement of Cannon Road from the Village "E boundary to the western boundary of Kelly Ranch (at the intersection for future Faraday Avenue) together with the Cannon Road surface road improvements from Frost Street to the Village "E" boundary The reimbursement agreement assumed that the two phases would be constructed successively. Phase I was completed in July 2000. Phase II has not begun pending the recordation of the final map for the Kelly Ranch "Core" project (CT97-16A). The tentative map for Kelly Ranch "Core" was reviewed and approved by the Planning Commission and City Council in 1999. This approval of LCPA 97-09 by the California Coastal Commission approved it with modifications. included a Local Coastal Program Amendment (LCPA 97-09 and CDP 97-43). Subsequent review These modifications required changes to the tentative map. The changes could not be found to be in substantial conformance with the tentative map approved by the Planning Commission and City Council in 1999 and required amendment. An amended tentative map (CT 97-16A) was reviewed by the Planning Commission and approwd by the City Council June 12.2001. 6-84-617. The California Coastal Commission hearing, held on September 11. 2001. validated the California Coastal Commission reviewed their appeal of CDP 97-43 and an amendment to CDP City's Coastal Development Permit for the project. Kelly Land Company is currently working to complete the requirements of the modified Local Coastal Program as required to receive the amended Coastal Development Permit 6-84-617 lor the Kelly Ranch project. The Kelly Ranch "Core" project contains slopes adjacent to Cannon Road that will cause settlement It is in the best interest of the project to grade Kelly Ranch and Cannon Road at the same time. within the roadway. Grading the slopes prior to constructing improvements within the roadway allows this settlement to occur. Additionally, Cannon Road has excess fill from within the right-of-way remaining from the original grading performed in 1985. This additional fill was placed to perform long-term settlement required for the road construction. Kelly Ranch is designed to use the additional fill material within the subdivision. Considering constructability and economics, it is desirable to construct the road concurrent wth the private development. Provision 4(g) of the reimbursement agreement requires Kelly Land Company to complete all Cannon Road improvements no later than three (3) years from the effective date of the agreement. The agreement is dated December 15, 1998, thus requiring all improvements completed by complete the improvements. December 15, 2001. Kelly Land Company has requested a time extension to March 15. 2003 to Kelly Land Company has been working closely with City staff and Coastal Commission staff to resolve all outstanding issues and move fonvard with the project. Kelly Land Company has dedicated the right-of-way for Cannon Road. Recognizing that the funding source for Cannon Road is BTD No. 3 and that BTD No. 3 assumes the road will be built by developers and reimbursed as funds become available, it is in the interest of the City to extend time of completion of the reimbursement agreement for one year, allowing Kelly Land Company the opportunity to construct the remaining portion of Cannon Road West. Page 3 of Agenda Bill No. /6!JYU Senate Bill 975 (SB 975) SB 975 took effect January 1, 2002, amending section 1720 of the Labor Code, which requires the payment of prevailing wages for "public works". The amendment changes the definition of "public works", by greatly expanding the definition of "paid for in whole or in part out of public funds" which, in some cases, now requires that prevailing wages be paid for all work performed for a private development. However, if a City requires public improvement work as a condition of regulatory approval of an otherwise private development project, the new law provides that only the public improvement work shall be subject to the payment of prevailing wage if the City maintains no The law did not contain provisions to exempt projects for which there were contractual commitments proprietary interest in the overall project. Cannon Road West is funded through several public funds. prior to January 1, 2002. Therefore, the reimbursement agreement requires amendment to include the prevailing wage clause and comply with the law established by SB 975 for the construction of Cannon Road. Staff has revised construction management procedures for projects constructed under a reimbursement agreement receiving public funds to include tracking personnel and requiring certified payroll, consistent with the current state ofthe law. ENVIRONMENTAL REVIEW The Planning Director has determined that the requested action is defined as a project under CEQA. However, since the project is merely an amendment to the construction contract regarding prevailing wage and a time extension to complete the road, it can be seen with certainty that there is therefore not subject to CEQA. no possibility that the requested action will have a significant effect on the environment and is FISCAL IMPACT Proiect CosWFundinq Sources Total estimated cost for the Cannon Road Project Reaches I and II is $20.3 million. Savings in other portions of the project offset the additional costs incurred to construct Reach 2 Segment 2. (BTD NO. 3) .. .. State-Local Transportation Partnership Program 180,000 180,000 Public Facilities Fees 1,160,000 - 1,160,000 Traffic Impact Fee 2,438.730 240,730 2,198,000 ~ , . ',i ,, , , ....,, .. , , , ., .' $20,324,623"i ', ' 1' $240,730 '' $2,923,293 $i7~160,600 Construction costs have increased since the cost estimate was approved in 1998. Amendment No. 2 authorizes an additional $1 10,000 for reimbursable costs. This reimbursement agreement is for Reach 2. Total costs for the work covered by this costs are incurred by Kelly Land Company (Progress Payments) for the construction of the reimbursement agreement are estimated at $5.5 million. Of this amount, $2.5 million is repayable as improvements. The remaining reimbursable costs of $3 million (Ordinary Reimbursements) are payable as BTD No. 3 funds become available but no later than 3 years after acceptance of the project by the City Council. Current appropriations for the project total $17,160,600 which includes a $2 million loan from the the Ordinary Reimbursements. If sufficient BTD No. 3 fees are not collected by the time the Gas Tax fund. This is sufficient to pay for the Progress Payments but will cover all of Gas Tax fund may be required. Considering current collections, the loan amount would not exceed Ordinary Reimbursements are due (3 years after project acceptance), an additional loan from the $1.4 million. 3 Page 4 of Agenda Bill No. lb, 540 Current estimates anticipate that there will be sufficient BTD No. 3 fees collected in the future to than projected, there may not be sufficient fees to repay the gas tax loans upon ultimate buildout of reimburse Kelly Land Company and repay all Gas Tax loans. However, if actual development is less the area. This extension of the agreement does not change any of the financial structure of the agreement, but only extends the timeframes in which the road construction and related reimbursements occur. State-Local Transportation PartnershiD Proqram (SLlPP) Funds The California Department of Transportation extended the deadline for project completion by one year to June 30, 2003. This extension allows the City the ability to extend the reimbursement agreement for one year to March 15, 2003 and not risk losing the SLTPP funds. Senate Bill 975 (Labor Code 1720) The payment of prevailing wage has not been previously required on reimbursement agreements br wage for the required public infrastructure increases both the costs of reimbursement for public improvements unless it was required by a funding source. The requirement to pay prevailing construction and for City administration of the construction. The costs for inspection of the project are split by the ratio of reimbursable to non-reimbursable costs. It is estimated that City administration expenses will be an additional $18,000. were not originally contracted at prevailing wage. The contract costs increased $60,000 and Kelly Land Company and their contractor have revised costs to pay prevailing wage on items that exceeds the contingency available in the reimbursement agreement. The completion of Cannon Road West Reach 1 returned $466,989 to the project account. These funds were intended in the BTD No. 3 for construction and construction administration. Sufficient funds are available for the additional projects costs to complywith the new Labor Law provisions. EXHIBITS: 1. Location Map. 2. July 19, 1999 Department ofTransportation letter to City Engineer 3. Resolution No. &92-OY 7 approving amendment no. 1 to reimbursement agreement with the Kelly Land Company for the construction of Reach 2 of Cannon Road West from Faraday Avenue to El Camino Real. 4. Amendment No. 1 Agreement for Reimbursements Costs for the Construction of Cannon Road from El Camino Real to the Western Boundary of Kelly Ranch including Modifications to the Intersection of El Camino Real and Cannon Road. 5. Resolution No. dmd-0 qgpproving amendment no. 2 to reimbursement agreement with the Kelly Land Company for the construction of Reach 2 of Cannon Road West from Faraday Avenue to El Camino Real. 6. Amendment No. 2 Agreement for Reimbursements Costs for the Construction of Cannon Road from El Camino Real to the Western Boundary of Kelly Ranch including Modifications to the Intersection of El Camino Real and Cannon Road. NOT SCALE 5 DEPARTMENT OF TRANSPORTATION DISTRICT 11, P.O. BOX 85406, MS 30 SAN DIEGO, 92166-5406 (619)688-0114FAX Mr. Lloyd Hubbs City Engineer City of Carlsbad Carlsbad, CA 92009-1576 2075 Las Palmas Drive Attention: Dave Hauser, Assistant City Engineer Dear Mr. Hubbs: This letter is being sent to all Local Agencies with projects in Cycle 9 of the State-Local Transportation Partnership Program (SLTPP). AS you may know, the governor signed Senate Bill 364, which extends the deadlines associated with Cycle 9. The deadline to award contracts on projects in Cycle 9 of the SLTPP is now June 30, 2000. The deadline for reimbursements has been extended one year to June 30, 2003. If you have awarded projects in Cycle 9, or projects awarded before the corresponding deadlines in Cycles 7 or 8, and have not yet done so, please send award data to this office as soon as possible. Headquarters Accounting Office has requested this information be in to them by August 15, 1999. This information includes a letter indicating the date the contract was awarded and a bid summary of the winning bidder. If you have any questions about the SLTPP program, please call Don Pope, SLTPP Program Coordinator, at (619) 688-6790. Sincerely, p‘ GARY L. VETTESE District Local Assistance Engineer,;. 6 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 RESOLUTION NO. 2002-047 A RESOtUTlUN OF THE CITY CUUNCfL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH KELLY LAND COMPANY FOR THE CONSTRUCTION OF REACH 2 OF CANNON ROAD WEST FROM FARADAY AVENUE TO EL CAMINO REAL. WHEREAS, Kelly Land Company, as a condition of approval for Carlsbad Tract 96-07 (Kelly Ranch Village "E) is conditioned to construct Cannon Road from El Camino Real to the western boundary of Kelly Ranch Village "E"; and WHEREAS, Kelly Land Company, as a condition of approval for Carlsbad Tract 97-16A (Kelly Ranch "Core") is conditioned to construct Cannon Road from the southerly boundary of Kelly Ranch Village "E to the southerly boundary of CT 97-16A (Faraday Avenue); and WHEREAS, the portion of the improvements previously completed between El Camino Real and Frost Street (within Kelly Ranch Village "E") are defined as Phase I; and WHEREAS, the portion of the improvements incomplete between Frost Street and Faraday Avenue are defined as Phase 11; and WHEREAS, Kelly Land Company intends to complete Phase II within one year from the time construction is initiated; and WHEREAS, construction will begin after Kelly Land Company has received all project approvals for Kelly Ranch "Core" (CT 97-16A), including recordation of the final map; and WHEREAS, Kelly Land Company has been diligently pursuing the approvals necessary to construct Kelly Ranch "Core" subdivision improvements and complete Cannon Road; and WHEREAS, the Cannon Road West improvements are included within the financing program for Bridge and Thoroughfare District No. 3; and WHEREAS, City and Kelly Land Company entered into an agreement for the reimbursement of the current and future Cannon Road improvements required to serve the needs of the Kelly Ranch development together with the additional improvements along the northern half of Cannon Road on December 15, 1998; and WHEREAS. said agreement required in Provision 4(g) that Kelly Land Company complete all project improvements no later than three (3) years from the effective date of this agreement; and 1 2 3 4 5 6 7 8 9 10 .. 11 12 13 14 15 16 17 18 19 20 21 22 23 Y / 25 26 27 28 WHEREAS, the Bridge and Thoroughfare District No. 3 states that the City Council may use the funds collected by the district to reimburse developers for the construction of work included within the cost estimate upon which the district fees were based; and WHEREAS, 'Kelly Land Company has prepared an amendment to the agreement to extend the time to complete improvements by one year and three months to March 15,2003; and WHEREAS, the City Council of the City of Carlsbad, California has reviewed the need to extend the time period for Kelly Land Company to construct Cannon Road West improvements and receive reimbursement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad. California, as follows: 1. That the above recitations are true and correct. 2. That amendment no. 1 to the reimbursement agreement by and between Kelly Land Company and the City, is hereby approved and the Mayor is authorized to sign said agreement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2 day of FEBRUARY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Hall NOES: None ABSENT: None I' 9TTEST / (SEAL) 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 .: ... . < J' RESOLUTION NO. 2002-048 A RESOLUTION OF THE CITY COUNCIL OF THE CfTY OF TO REIMBURSEMENT AGREEMENT WITH KELLY LAND CARLSBAD, CALIFORNIA, APPROVING AMMENDMENT NO. 2 COMPANY FOR THE CONSTRUCTION OF REACH 2 OF CANNON ROAD WEST FROM FARADAY AVENUE TO EL CAMINO REAL. WHEREAS, the Cannon Road West improvements are included within the financing lrogram for Bridge and Thoroughfare District No. 3; and WHEREAS, City and Kelly Land Company entered into an agreement for the aimbursement of the current and future Cannon Road improvements required to serve the needs #f the Kelly Ranch development together with the additional improvements along the northern half sf Cannon Road on December 15,1998; and WHEREAS, Senate Bill 975 (SB 975) took effect January 1,2002 and amends a portion of ection 1720 of the Labor Code requiring the payment of prevailing wage for any public nprovement work required as a condition of a regulatory approval for a project; and WHEREAS, SB 975 did not have a grandfather clause to exempt reimbursement greements for such public improvements which were already in place; and WHEREAS, Kelly Land Company has notified their General Contractor, Erreca's and their laterials testing firm to verify that prevailing wage are being paid; and WHEREAS, Erreca's had subcontractors who were not paying prevailing wage thus \creasing the cost of the project over the City Council authorized reimbursable portion of the roject; and WHEREAS, the materials testing firm was not paying prevailing wage; and WHEREAS, overall project costs exceed those anticipated in the reimbursement greement by $1 10,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. 2. That the amount allocated for reimbursement pursuant to the reimbursement greernent be increased from $5,391,777 to $5,501,777, I 1 2 3 4 5 6 7 8 9 10 11 12 13 c 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That amendment no. 2 to the reimbursement agreement by and between Kelly .and Company and the City, is hereby approved .and the Mayor is authorized to sign said lgreement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 5th day Of FEBRUARY , 2002 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Hall NOES: None ABSENT: None (SEAL) AMENDMENT NO. 2 TO AGREEMENT FOR REIMBURSEMENT OF COSTS FOR ME CONSTRUCTION OF CANNON ROAD FROM EL CAMINO REAL TO THE WESTERN BOUNDARY OF KELLY RANCH INCLUDING MODIFICATIONS TO THE INTERSECTION OF ELCAMINO REAL AND CANNON ROAD This Amendment No. 2 is entered into and effective as of the 8Th day of +%8t?,.uWf , 200a. amending the agreement dated December 15, 1998 (the "Agreem&t'*) by and between the City of Carlsbad. a municipal corporation, ("Civ), and Kelly Land Company, a Delaware corporation ("Contractor") (collectively, the "Parties") for reimbursement of costs for the construction of Cannon Road West from El Camino Real to the westem boundary of Kelly Ranch including modifications to the intersection of El Camino Real and Cannon Road. RECITALS A. On FBBR" %, 2W , the Parties executed Amendment No. 1 to the Agreement to extend the date by which Kelly Ranch shall complete all Project Cannon Road Improvements until March 15, 2003; and responsibilities as they relate to Senate Bill 975; and B. The Parties desire to alter the Agreement's scope of work to describe roles and C. Senate Bill 975 amends Section 1720 of the Labor Code relating to payment of prevailing wage for private development projects, including reimbursement agreements that receive public funds for public improvements required as a condition of the regulatory approval for the project; and D. Cannon Road West Bridge and Thoroughfare District No. 3 is funded through several public funds: Traw.Net Highway funds, Caltrans Skate-Local Transportation Partnership Program funds, Community District (CFD) No. 1 ,Traffic Impact Fees and Public Facilities Fees; and E. The payment of prevailing wages and increased project costs for Reach 2 Segment 2 are shown in attached Exhibit "A". NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local la% related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Labor Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. 1 City Attorney Approved Version #05.22.01 bargaining agreements on file with the State of California Department of Industrial Relations. Each worker shall be paid subsistence and travel as required by the collective The Contractor‘s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 2. Pursuant to the California Labor Code, the director of the Department of Industrial California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage Relations has determined the general prevailing rate of per diem wages in accordance with rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 3. Kelly Land Company shall provide City authorized certified payroll filed weekly up to the submittal date of progress pay reimbursement for a discrete improvement. designations, hours and dates on site. 4. City shall provide an on-site inspector to keep track of individuals and their attached Exhibit “A”. 5. That the Reimbursement Agreement total reimbursable costs are detailed in 6. Auditing Engineer (or Inspector) will review weekly-certified payroll against Daily certified payroll will be submitted with the request for reimbursement. Reports to verify Certified Payroll. City shall sign off on certified payroll and the signed original 7. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 0. pursuant to the Agreement, as may have been amended from time to time, will include coverage All requisite insurance policies to be maintained by Contractor or its successors for this Amendment. Ill Ill Ill 111 2 city Attorney Approved Version #05.22.01 behalf of Contractor each represent and warrant that they have the legal power, right and actual 9. The individuals executing this Amendment and the instruments referenced in it on authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR *By: KELLY LAND COMPANY. ATTEST: If required by City, proper notarial acknowledgment of execution by contractor must be attached. Ira Corooration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president “Group B. Assistant Secretary, Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RON-R. BALL, City Attorney ’ GeptttyCity Attorney a7/= 3 City Attorney Approved Version #05.22.01 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 s.5 1 -) to be the person(<whose narne(&ls/u subscribed to the within instrument and acknowledged to me that hdshdfhq-executed the same in his/Mr a thorized capacitywand that by his/ . ignature(4n the instrument, the persondor the entity upon behalf of which the pezcted, executed the instrument. WITNESS my hand and official seal U (Seal) STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) ss. ) Pf -<before me, wh , Notary Public, p) to be the personJsYwhose namewis/vsubscribed to the within instrument and acknowledged to me that he/- executed the same in hislkeFkkgiFauthorized capacitywnd that by his/- signature(<on the instrument, the personJ&'or the entity upon behalf of which the personlrz/cted, executed the instrument. - fl d2T 4. &P#flSW , Wr proved to WITNESS my hand and official seal. Signature r %o&L // W (Seal) WORD-SD\DDC\51228185.1 EXHIBIT “A” SCOPE OF SERVICES AND FEE Itemized List of what Contractor will do for City and at what price. TO BE PROVIDED BY KELLY LAND COMPANY 4 City Attorney Approved Version # 05.22.01 " .NC m 0 h. Y I i i I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: p City Clerk City of Carlsbad ?3 1200 Carlsbad Village Dr. e p Carlsbad, CA 92008 SRN DIEGO CllUNlY KCURDER 'S UFFICE OFFICIL RECORDS GREGW J. SHITHI COUNTY RECORDER FEES: 0.00 THIS SPACE ABOVE FOR RECORDERS USE AMENDMENT NO. 1 TO AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF CANNON ROAD FROM EL CAMINO REAL TO THE WESTERN BOUNDARY OF KELLY RANCH INCLUDING MODIFICATIONS TO THE INTERSECTION OF EL CAMINO REAL AND CANNON ROAD This Amendment No. 1 to Agreement for Reimbursement of Costs for the Construction of Cannon Road from El Camino Real to the Western Boundary of Kelly Ranch Including Modifications to the Intersection of El Camino Real and Cannon Road (this "Amendment"), is entered into as of /Ggfi~lz. Y, 8- ,2002 by and between the City of Carlsbad, a Municipal corporation ("City" and Kelly Land Company, a Delaware corporation ("Kelly"), with reference to the following recitals: RECITALS A. City and Kelly entered into that certain Agreement for Reimbursement of Costs for the Construction of Cannon Road from El Camino Real to the Western Boundary of Kelly (the "Reimbursement Agreement") dated December 15, 1998 and recorded 3s document number 1999-00 15247 in thc Official Records of the Sari Diego County Recorder's Office. All capitalized terms used in this Amendment and not otherwise defined shall have the meanings assigned to them in the Reimbursement Agreement. B. Due to delays in required entitlement approvals for the development of the Kelly Ranch Project, City and Kelly mutually desire to amend the Reimbursement Agreement to extend the date by which Kelly shall complete all Project Cannon Road Improvements. WORD-SD\DAP\51200812.2 /L, :7 ;r NOW THEREFORE, in consideration of these recitals and other good and valuable consideration, the receipt of which is hereby acknowledged, City and Kelly hereby agree to the above recitals and as follows: 1. The date by which Kelly shall complete all Project Cannon Road Improvements as set forth in Section 4(g) of the Reimbursement Agreement is hereby extended until March 15, 2003. 2. Except as specifically set forth herein, the Reimbursement Agreement remains unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first above written. KELLY: CITY: KELLY LAND COMPANY, a Delaware corporation By: T? A&. 0 DUDE A. LEWIS. MAYOR [Print name and title] By: APPROVED AS TO FORM: (Proper notarial acknowledgement of execution of Kelly must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant manager must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) WORD-SD\DAP\51200812.2 THE STATE OF CALIFORNIA § COUNTY OF SAN DIEGO $ On the &day o d~4/ in the year 2002, before me, the undersigned, a Notary Pu d&r said state, personally appeared satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/& executed the same in hisk capacity, and that by hisk signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. -/? %I774 , proved to me on the basis or THE STATE OF CALIFORNIA § COUNTY OF SAN DIEGO 5 On the &day of 6 .*A,+ in the year 2002, before me, the undersigned, a Notary Pub16 in and said state, personally appeared satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/&xecuted the same in hisfltercapacity, and that by hisk signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. smn A. ,&ePMs~y , proved to me on the basis or Notary Public WORD-SD\DAP\51200812.2