HomeMy WebLinkAbout2002-02-05; City Council; 16540; Reimbursement Agmt for Cannon Road WestCITY OF CARLSBAD - AGENDA BILL
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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
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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.
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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
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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,;.
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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
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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)
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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,
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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.
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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
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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/=
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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
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City Attorney Approved Version # 05.22.01
" .NC m
0 h.
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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