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HomeMy WebLinkAbout2002-03-12; City Council; 16683; Reimbursement Agmt with LB/L Concordia Carlsbad 19.J ,E# 16,683 ITG. 3/12/2002 1EPT. ENG CITY OF CARLSBAD -AGENDA BILL a: APPROVAL OF A REIMBURSEMENT AGREEMENT CONSTRUCTION OF A TRAFFIC SIGNAL AT CARLSBAD WITH LB/L CONCORDIA CARLSBAD 19, LLC FOR THE CITY ATTY. VILLAGE DRIVE AND APPIAN ROADlAVENlDA DE ANITAAND APPROVAL OF APPROPRIATION OF FUNDS RECOMMENDED ACTION: Adopt Resolution No. 2002-082 Carlsbad 19, LLC for the construction of a traffic signal at the intersection of Carlsbad Village Drive approving a reimbursement agreement with LB/L Concordia and Appian Road/Avenida de Anita and approving the appropriation of funds. ITEM EXPLANATION: Carlsbad Tract No. CT 99-08, known as Spyglass II, is a major subdivision consisting of 19 single- family dwellings located at the southeasterly corner of El Camino Real and Carlsbad Village Drive. The Planning Commission approved the project on December 15, 1999. One of the conditions placed upon the project included the construction of a traffic signal at the intersection of Carlsbad Village Drive and Appian Road/Avenida de Anita. This is also a Circulation System traffic signal and as such it is included in the City's Capital Improvement Program. The signal has met Caltrans signal warrants and is ranked in third place on the qualification list of the City's Traffic Signal Evaluation Policy. The City's contribution towards the cost of the construction of the signal was set at 75%. Through negotiations with City staff and as compensation for vacating the surplus portion of the City's El to increase its participation for the construction of the signal from 25% to 50% of its cost. Camino Real right-of-way, the developer, LB/L Concordia Carlsbad 19, LLC (Concordia), has agreed City staff has prepared a reimbursement agreement as provided in the conditions of approval of the project. Concordia has agreed to the provisions of the agreement. The estimated total cost of the traffic signal installation is $136,250. The City's share would amount to approximately $68,125. The actual reimbursable amount will be determined in accordance with the agreement. The full text of the agreement is attached as Exhibit 3. ENVIRONMENTAL REVIEW: The project, CT 99-08 Spyglass II, received environmental approval from the Planning Commission on December 15, 1999 via a Mitigated Negative Declaration. FISCAL IMPACT: The 2001-02 Capital Improvement Program allocated $80,000 of Gas Tax funds for the signal in the the developer for the City's share of 50% of the signal cost. 2002-03 fiscal year. Staff recommends appropriating $68,125 from the Gas Tax fund to reimburse EXHIBITS: 1. Location Map. 2. Resolution No. 2002-082 approving a reimbursement agreement with LB/L Concordia Carlsbad 19, LLC for the construction of a traffic signal at Carlsbad Village Drive and Appian Road/Avenida de Anita and approval of the appropriation of funds from the Gas Tax fund. 3. Reimbursement Agreement 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. 2002-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGREEMENT WITH LB/L CONCORDIA CARLSBAD 19, LLC FOR CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT THE CONSTRUCTION OF A TRAFFIC SIGNAL AT CARLSBAD VILLAGE DRIVE AND APPIAN ROAD/AVENIDA DE ANITA AND APPROVAL OF THE APPROPRIATION OF FUNDS FROM THE GAS TAX FUND. WHEREAS, on December 15, 1999 the City of Carlsbad Planning Commission approved :T 99-08, Spyglass 11, for development of a 21-lot subdivision ("Project"), subject to conditions er Planning Commission Resolution No. 4686; and WHEREAS, Conditions of Approval Nos. 47B and 48 require the developer to install a ,affic signal at the intersection of Carlsbad Village Drive and Appian Road/Avenida de Anita 'Traffic Signal Improvements"); and WHEREAS, pursuant to Condition of Approval No. 48 the developer may apply for a ?imbursement for the City's 75% share of the cost of the Traffic Signal Improvements; and WHEREAS, in consideration for vacating excess right-of-way fronting the Project along El :amino Real pursuant to City Council Resolution No. 2002-036, the developer has agreed to crease its participation for the construction of the Traffic Signal Improvements from 25% to 0%; and WHEREAS, the developer, LB/L Concordia Carlsbad 19, LLC, a Delaware limited liability ompany, has requested City Council approval of a reimbursement agreement for 50% of the onstruction costs of the Traffic Signal Improvements; and WHEREAS, funds have been programmed in the 2001-02 Capital Improvement Program I be allocated in the 2002-03 program from the Gas Tax fund for 75% of the construction costs f the Traffic Signal Improvements; and WHEREAS, funds are available from the Gas Tax Fund to reimburse the developer for 0% of the construction costs of the Traffic Signal Improvements. 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 reimbursement agreement by and between LB/L Concordia Carlsbad 19, ,LC, a Delaware limited liability company, and the City for reimbursement of 50% of the costs for 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 le construction of a traffic signal at the intersection of Carlsbad Village Drive and Appian :oad/Avenida de Anita, is hereby approved and the Mayor is authorized to sign said agreement n behalf of the City. 3. That City Council authorizes the Finance Director to appropriate funds from the ;as Tax Fund in the amount of $68,125 to reimburse LB/L Concordia Carlsbad 19, LLC for 50% f the costs of the traffic signal installation pursuant to said reimbursement agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council eld on the day of , 2002 by the following vote, to fit: AYES: NOES: ABSENT: :LAUDE A. LEWIS, Mayor LlTEST: ORRAINE M. WOOD, City Clerk Page 2 of 2 of Resolution No. 2002-082 (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAILTO: Civ Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 .,; ., ., , . , .. 1,, . ., ,: ?' , , . , . .), ,. , . , , . , , . ., , , ,I , , .. ,, ". SPACE-ABOVE THIS LINE FOR RECORDER'S USE ,, , ..,, ,.. ,, ,,,. , . , . ',, . :,i .. ,.. ., . .,,. ,,, , , :. . ,, . , ,.,. , . .. 'i . , ,., , ,. ," , . 1 , ., , ...,.,. . ;, ,. , , , ., ,. .. . . , ,, .. I i ,,, ,. '.:.,$,AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE,CON,STRUCTION..OF.THE CARLSBADVILLAGE.DRIVEAND .AVENIDA DE ANITNAPPIAN WAY TRAFFIC SIGNAL FOR ,. ,, SPYGLASS II, CARLSBAD TRACT 99-08 (CT 99-08) ' . STREET IMPROVEMENT,.DRAWING NO. 390-7 LBlL CONCORDIA CARLSBAD 19, LLC, a Delaware Limited Liability Company Rev. 11/27/01 -1 - 5 THE CONSTRUCTION OF THE CARLSBAD VILLAGE DRIVE AGREEMENT FOR REIMBURSEMENT OF COSTS FOR AND AVENIDA DE ANITNAPPIAN WAY TRAFFIC SIGNAL FOR SPYGLASS 11, CARLSBAD TRACT 99-08 (CT 99-08) STREET IMPROVEMENT DRAWING NO. 390-7 Carlsbad Village Drive and Avenida de AnitdAppian Road Traffic Signal dated as of This Agreement for Reimbursement of Costs for the Design and Construction of the by and between the CITY OF CARLSBAD, a municipal corporation ("City") and LBlL Concordia , 2002 ("Agreement"), is made in San Diego County, California, Carlsbad 19, LLC, a Delaware Limited Liability Company ("Developer") (collectively, the "Parties"), with reference to the following recitals; b, "> ,.,. RECITALS A. Developer is the record owner of certain real property located in the City of Carlsbad. California ("the Spyglass11 Property") more particularly described ,on Exhibit "A attached hereto and made a part hereof, ,and Exhibit "B, shown for reference purposes only. The Spyglass II Property is comprised of one (1) separate legal parcel in accordance with the applicable legal requirements of the State of California and the City of Carlsbad. approvals with respect'to the Spyglass II Property, ('Project"). The Project is the subject of B. Developer,filed separate applications for Tentative Tract Map (CT 99-08) and related certain development approvals received from City, including without limitation: Tentative Tract Map (CT 99-08), Site Development Plan (SDP 99-04), Special Use Permit (SUP 99-04), and, Hillside Development Permit (HDP 99-07). all incorporated into and approved by City per Planning Commission Resolution Nos. 4686, :4687, 4688 and 4689, on December 15, 1999 ("Resolution"). ,' , ,.,,, ",, C. Condition of Approval Nos. 47.8 'and 48 of Planning Commission Resolution No. 4686 require Developer to construct a traffic signal at the intersection of,Carlsbad Village Drive and Avenida de Anita/Appian Road (Traffic Signal Improvements). Condition of Approval No. 48 of Planning Commission ,Resolution No.:: 4686. states that Developer may enter into a reimbursement agreement prior to, recordation of the final map, to obtain reimbursement for the City's seventy-five percent (75%) share. Subsequently, City and Developer jointly agreed that Developer would pay an additional twenty-five percent (25%) share of the Traffic Signal adjacent to the Spyglass I1 Property as shown on Tentative Map CT 99-08. Improvements in exchange for City quitclaiming its fee interest in the parcel of El Camino Real, D. Developer has bonded for the construction of the Traffic Signal Improvements. City will enter into this Agreement with Developer so that Developer can obtain the City's fifty percent (50%) share reimbursement for the Traffic Signal Improvements. City intends to reimburse Developer for the Traffic Signal Improvements from the Gas Tax account. E. The Parties intend that the design and construction of the Traffic Signal Improvements and this Agreement shall satisfy the requirements to install the Traffic Signal Commission Resolution No. 4686, which is on file with the City Planning Department. Improvements in accordance with Condition of Approval Nos. 47.8 and 48, of Planning Rev. 11/27/01 -2 - conditions of the Project. Developer agrees to accept the Traffic Signal Improvements provided F. The Parties recognize that the Traffic Signal Improvements exceed the improvement that City agrees to reimburse Developer for fifty percent (50%) of their cost. NOW, THEREFORE, the City and Developer agree as follows: 1. Recitals. The Recitals are true and correct and incorporated herein by this reference. further described on Drawing No. 3947,ofthe improvement plans, sheets 7, 8, and 9, attached 2. Traffic Sional Improvements. The Traffic Signal Improvements are hereto and incorporated by referen~,a~;Exhibif''(C'. .. .:;',;: %;::$ 3. Gene&Citv Obliaations.,. , :,;.. . . .., . '. .,., iii_, ,,X.', ..,, ", ., .,. .:*.., . :/ ,, ,iiy. . ,, . .", ..,!. :.',%_ "i ,@?., .,%. . . , ;. , ~ ,, ,.-:.. ',,,. . , .., , ,{a) ,City ,,,agri?es that this Agreement,:'-a.. Subdivision Improvement Agreement executed betyeen,.the Parties, City procedures; and construction of the Traffic Signal Improvements, satisfy Condition of Approval No. 47.8 and 48 of Planning Commission ?;e:$""$, ./i , . , . .x;:% !?.',, I, (b),. City agrees'::t$reimtiuke .-Developer for fifty percent (50%) of the ., ,i ,, ..,, Resolution 4686f!?"'"'" ,,,%.:,<+., ,,,' . actual cost of th$TrafficSignal Improvements.. .. .. . 2;..,*%2 .id , .,.. S,~~ ~, 2 :,;:, ;I: (a), It shall.be;ttie,responsibility of Developer to observe and follow the the Traffic Signal-Improvements, as'specified in this Agreement. requirements ofcity foy'retention OF rekords.and the submittal of information in connection with :" (bf .B$,enteiing into this:,.Agreement, Developer waives any and all , .. ,,.,. , , li, ,. ' ,.,. .,, , potential constitutiona1,objections (NolanlDolan) relating to the Traffic Signal Improvements. 5. Reimbursable WOiK:. ',,..:.l: . . (a) The.'"Reim&rsable Work" is defined as the total actual cost of labor and materials to design and install'tlje,Traffic.Signal Improvements as defined in Sections 5, 6, and 7 of this Agreement of which these costs;will be reimbursed to Developer at the City's fifty percent (50%) share. The projected list of materials required to install the Traffic Signal determined in accordance with Section 5 of this Agreement. Improvements is described in Exhibit "D and expenses subject to reimbursement shall be ,,>ii. ::: ..,.. , ., , , , ,? ,.:, . ,. , retain detailed payment records for all items of Reimbursable Work, for use by City in auditing (b) During the performance of any Reimbursable Work, Developer shall subsequent reimbursement requests by Developer. Developer's requests for reimbursement (each a "Reimbursement Request") shall include copies of plans, specifications, engineer's cost estimates, bids received, contracts, change orders, invoices, payment slips, canceled checks (front and back), lien releases and other documentation reasonably required by City to evidence the completion and payment for each item of Reimbursable Work. Reimbursement Requests may be submitted only after City has formerly accepted the Traffic Signal Improvements, in accordance with item 6.(g) below. -3 - Rev. 11/27/01 6. Audit of Reimbursable ExDenses. overhead and the allowance permitted under clause (e) below) are referred to herein (a) Expenses for Reimbursable Work (including without limitation collectively as "Reimbursable Expenses". (b) All Developer's Reimbursement Requests will be processed and audited for City by a reputable consulting engineer selected by City (Auditing Engineer). The costs of the Auditing Engineer shall be paid directly by Developer. the payment records submitted,..in$onnection'i:;:therewith and shall within thirty (30) days (c) The Auditing Enginewshall review all Reimbursement Requests and thereafter issue to City and., Deve1oper.a .report either' accepting Developer's submittal or Any reimbursement items or amounts..not ,approved by the Auditing Engineer may be further specifying with particularity.' any':j,reimbursement items ', or amounts not approved. pursued by Developer using'the , ,. dispute . .. . ....,.2. resolution provision of Section ., 8 below. ,,' (d):' Cis' reimbursement obligations'hereunder.shal1 be based upon the actual costs incurred by:Developer in performing Reimbursable Work (including overhead and the allowances specifiedin'te) below). i (e). Notwithstanding -anything ,herein to the contrary, and without following shaI1:also:be deemed Reimbursable Expenses: limitation and ir$addition to the Reimbursable Work, City specifically agrees that each of the to the construction'af the Traffic,Signal.'Improvements. paid by Developerrfor improvement, development, material .and/or performance -bonds relating 8, ,'.ip.-.:~ . , . ,. ,. ' ! .'., ~ :., ,i ,.i,,':/, . 1 , ,., ..ii ;,, ..,. :,,, . paid by Develop&r:for@lanket liability insurance coverage relating to the construction of the Traffic Signal Improvements. ., :: . (iii) ,.l$:a:mount fixed'at seven,per&.nt (7%) of the eligible costs for Reimbursable Work, exclusive of"ttiislclause .(e),.;,to,s'compensate .for overhead expenses incurred by Developer includingsalary and .benefits, for staff ,of Developer's home office, purchasing department expenses, .project supervision, legal relating to this Agreement or the Reimbursable Work and accounting,fees and other normal'overhead expenses incurred by Developer. 2 ...,. . r; :.:, -:y.: .,, ,, 'y"^r2"l:l:'. . .. , ,-;.?s,:.. .,'- (i) An amount to wver:the actualiallocable 'portion of premiums ,, L .,: (ii) An amount:to cover;the.,actual allocable: portion of premiums , .. , ,. ,, ~ ,.,,,; .. , . ., .., ., (iv) The costs of the Auditing Engineer. copy of each invoice submitted to Developer by Contractor, to the City Public Works Director (f) With each Reimbursement Request, Developer shall forward one ("Director"). together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor's invoice. The Director shall confirm and approve the Reimbursement Amount based upon the components of Actual Costs and Overhead Costs set forth in Sections 5, 6, and 7 of this Agreement. If the Director objects to any items comprising the Reimbursement Amount, the Director shall notify Developer within thirty (30) working days of receipt of all invoices forwarded by Developer. Failure to so notify Developer shall be deemed the Director's approval of such invoices. In the event the Director does object, shall make available all of the Work Documentation) and attempt to resolve the matter through Developer and the Director shall meet to discuss the disputed amount (at which time Developer good-faith negotiation. 4- Rev. 11/27/01 obtain necessary or appropriate lien releases from the Contractor(s), and shall obtain from City (9) Prior to the submission to the Director of all invoices, Developer shall any and all appropriate governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of the Reimbursable Work, and the ability to put the Traffic Signal Improvements into use. The date Developer receives all such final lien releases, approvals, and certificates shall be deemed the date of completion of the Traffic Signal Improvements (the "Completion Date"). 7. Pavment of Reimbursable ExDenses. (a) Payment of Reimbursable Expenses shall be made in cash, check or money order within sixty (60) days after the Auditing Engineer's determination on any such Reimbursement Request. (b) City'shall not offset Developer's entitlement to reimbursement under this Agreement against any other obligation of any person. (c) Reimbursable Expenses for items of Reimbursable Work paid for by Developer in advance of construction of the Traffic Signal Improvements (such as engineering and design, City fees, interim traffic control plan, traffic signal easements and construction mobilization) may be submitted for reimbursement with the Reimbursement Request. (d) : City shall not unreasonably withhold acceptance of the Traffic Signal available to Developer are from the Gas Tax Fund, and that .the City's General Fund or any .' (e):;r:Developer agrees that -the only' source of reimbursement funds other City funding source shall not be obligated under the terms of this Agreement nor available for reimbursement purposes. Improvements. , ,, 8. DisouteslClaims. If a dispute should arise regarding the performance or of fact or interpretation not informally resolved by the parties. Such questions, if they become interpretation of this Agreement, the following procedure shall be used to resolve any question Agreement shall be reduced to writing by the principal of Developer or the Director. A copy of identified as a part of a dispute among persons operating under the provisions of this such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a recommended method of resolution within ten (10) working days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may, but is not obligated to resolve the'dispute. If the City Council considers the dispute, and directs a solution, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. Rev. 11/27/01 9. Successors: Covenant to Run with Real ProDerty. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and City and shall run with the real property and create an equitable servitude upon the real property. After City reimbursement to Developer, the provisions of this Agreement shall no longer apply to, and the same shall no longer be or constitute an equitable servitude against or the request of Developer, City shall execute and deliver to Developer, in recordable fon, any run with the land and the equitable servitude hereby created shall automatically terminate. Upon further documents and/or instruments reasonably necessary to evidence that Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing and recording such documents and/or instruments shall be paid by Developer. , ,. . ., ,... , ,i 10. Assignmentof iSa&ment.The.Developer shall not assign this Agreement 11. Notices:..Unless:;i'lotherwise'' specifically proided herein, all notices, demands or other communications'g6en hereunder shall b%in writing and shall be deemed to have been duly dehvered upon personal delivery, or by Federal.Express (or similar reputable express delivery service),or:by facsimile transmission with back-up copy mailed the same day, or as of the second business day afler mailing by United States Certified Mail, return receipt requested, postage prepaid, -address as specified herein. Notices required to be given to Developer shall,.& addressed as follows: . . .. . , ,. ... ., . . .I , , or any part thereof or any monies due-there under without the prior written consent of the City. . ,, . ,, . , .,,,, 'i: ,<,.,$? i : ' . . . .,, , ,,. ... . , , . , ,, , . , , , , ,. LB/L CONCORDIA:CARLSBAD 19, LLC .. . i. 1903 ,Wright Place, Suite 120 .. , . Telephone: (760) 804-1575- , .i ,, . .. ,., . Carlsbad, CA 92008 Notices to City stialifbe ,, delivered to t&following:. . , ,. ., ,, , , ., . ,i ,.,,. i ., ,, ,, ,i, ,- , ,. ,, ,, ,. i I, ,. . ., ., ,, x/, , . CITY"OF CARLSBAD ., ,,. Public Works/Engineering Department ,' Atiention:,.Public Works Director ''. 1635'Faradag KVeriue. '. Carlstiad, CA .92008 .. Telefihone: (760):602-2730 FAX;3;(760) 602-8562 ,. .: .: . ., ,, . Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. counterparts, each of which when so executed and delivered shall be deemed to be an original 12. CounterDarts. This Agreement may be executed in any number of and all of which counterparts taken together shall constitute one and the same instrument. 13. Governing Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. between the parties with respect to the subject matter contained herein, and supersedes all 14. ComDlete Agreement. This Agreement contains the entire agreement negotiations, discussions, and prior drafts with respect to this subject matter. -6 - Rev. 11/27/01 15. Amendment. This Agreement may be amended by a written instrument executed by City and Developer. 16. m. This Agreement shall be effective as of the date first above written, and shall terminate on the earlier of (i) the date the City fully reimburses Developer the Reimbursement Amount, or (ii) January 1, 2007. Upon completion of the Work covered by this Agreement, if requested by Developer, City agrees to execute any document deemed necessary to remove this Agreement from title. Developer to bear all costs associated with preparation, processing and recording of documents to remove this Agreement from title. Notwithstanding same, this Agreement shall nolonger encumber the project once developer receives the reimbursement amount: ..:, 17. Severability.' "The, invalidity. or unenforceability of any provision of this Agreement, as determined by a cou&.ofwmpetent jurisdiction, shall in no way affect the validity or enforceability of any 0ther:provisiOnhereof. IN WITNESSWHEREOF, the. parties hereto have caused this Agreement to be . ,., ., . . ,. ,,i .... ,, ,. executed as of th&;date ,., , ji firscabove written. LB/L CONCORDIA'CARLSBAD 19, LLc. .:CITY OF CARLSBAD, a municipal a Delaware Limied,.Liabiliiy ,, Company corporation of the State of California BY: LB/L Concorctia,Master LLC, .,'.%, .. 8, ,I/#, . , , , . .. , , ,. ~ ,? A DelawareZrLimited Liability By: Company IfkZMember City Manager or Mayor By: LBKakeside Capital Partners ATTEST: LLC,:a Delaware Limited Liability Company Its ,. , . ,, ,. .. ,,,Managng Member,": LORRAlNE".,WOOD , ,,. ./"'., . ~, ~ ,,. Cityclerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer 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.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorney -7 - Rev. 11/27/01 State of California 1 County of fi.4 ./ Public, personally appeared lL' L S'L? - , Notary - 'x personally known to me or - pfwed+mnmn+he baskcfsatisfactolyevidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the Person, or the entity upon behalf of which the person acted, executed the instrument, WITNESS my hand L.4-L p I. State of California 1 1 County of 1 On before me, Public, personally appeared Claude Lewis , Notary - personally known to me or - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. -8 - Rev. 11/27/01 Exhibit “A” That certain portion of Lot “J” of Rancho Agua Hedionda, in the City of Carlsbad, County of the County Recorder of said San Diego County, and described in deed to Wayne Willard San Diego, State of California, according to Partition Map thereof No. 823 on file in the Office of Connor, recorded June 21, 1957 as FilelPage No. 92974 in Book 6632. page 185 of Official Records of said San Diego County, described as follows: line thereof, South 35O51’13” West (record South 34OOO’ West) 961.42feet to a point in the Beginning at the most Easterly corner of said Connor‘s land; thence along the Southeasterly Easterly right of way line of that certain San Diego County road, as shown on Map of Road Survey No. 1800-65 on file in the Office of the County Surveyor of said County; thence along said right of way line as follows: North 14O01’47” West 355.38 feet; North 11°15’OO” West 751.73 feet to the beginning of a tangent 35 foot radius curve, concave Easterly; Northerly along the arc of said curve 36.12 feet through a central angle of 59O07’48” and leaving the arc of said curve, North 1lo07’O7” West North 69’51’13” East (record North 68OOO’ East) 217.01 feet to the most Northerly corner of said 11.59 feet to a point in the Northerly line of said Connor‘s land; thence along said Northerly line land; thence along the Northeasterly line thereof, South 54O00’47” East (record South 56OOO’ East) 720.00 feet to the Point of Beginning. -9 - Rev. 11/27/01 I LOCATION MAP PROJECT NAME PROJECT EXHIBIT SPYGLASS II NUMBER CT99-08 B Exhibit “C” Sheets 7,8, and 9 of Drawing No. 390-7 included herein by reference -11 - Rev. 11/27/01 1s’ Exhibit “D” TRAFFIC SIGNAL COST ESTIMATE DWG. 390-7 .. ‘Lump Sum ’Based on Approved Cost Estimate, Dated January 2001. -12” Rev. 11/27/01