HomeMy WebLinkAbout2002-11-19; City Council; 16977; Rancho Santa Fe Rd Realignment & Widening Phase ICITY OF CARLSBAD -AGENDA BILL 3
LB# 16,977 TITLE: APPROVE AND AUTHORIZE THE EXECUTION OF
REIMBURSEMENT AGREEMENT BETWEEN THE
MANAGEMENT COMPANY FOR CONSTRUCTION WITHIN THE
REALIGNMENT AND WIDENING, PHASE 1, PROJECT NO. 3190
ATG. 11/19/02 CITY OF CARLSBAD AND REAL ESTATE COLLATERAL
CITY OF CARLSBAD. RANCHO SANTA FE ROAD EPT. ENG
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2002-337 approving and authorizing execution of agreement for
construction costs for a portion of Rancho Santa Fe Road realignment and widening, Phase 1,
Project No. 3190, with Real Estate Collateral Management Company, a Delaware corporation.
ITEM EXPLANATION:
The Rancho Santa Fe Road project consists of the widening and realignment of approximately
2.2 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project will be
constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2,
from San Elijo Road to Melrose Drive. Rancho Santa Fe Road is identified in the General Plan as a
prime arterial. Improving the road to meet prime arterial standards is necessary at this time to meet
Growth Management Standards for the southeast area of Carlsbad. Improvements include widening
the road from two lanes to six lanes, realigning the road generally to the east, and replacing the
bridge structure at the San Marcos Creek crossing. Benefits of the project include
reduced congestion, improved traffic flow, and increased safety for travelers on the road.
Additionally, this project will improve a vital link in the North County region's roadway network.
The project will be constructed in two Phases. Phase 1 includes widening and realigning
graded a portion of Rancho Santa Fe Road in association with the grading of the Villages of
approximately 1.75 miles from La Costa Avenue to San Elijo Road. Morrow Development has
La Costa Oaks South Project and constructed most of the storm drain facilities within the area of the
road it graded. The plans and construction documents for Phase 1 will complete the remainder of
the roadway project.
Council authorized the advertisement for bids for the Rancho Santa Fe Road Phase 1 project on
September 10, 2002.
At the City Council meeting of May 21, 2002 the City Council adopted Resolution No. 2002-145,
That agreement authorized the City to reimburse RECM for grading a portion of the Rancho Santa
approving a reimbursement agreement with Real Estate Collateral Management Company (RECM).
Fe Road, Phase 1 roadbed, constructing storm drain facilities and two Olivenhain Municipal Water
District water distribution mains that cross that portion of the roadbed. In this reimbursement
agreement, RECM agreed to reimburse the City for the construction of certain roadway
improvements they are responsible for, per the Rancho Santa Fe Road financing plan.
These roadway improvements include paving of outside lanes and outside curbs and gutters.
This reimbursement agreement specified that costs to the City for these roadway improvements
would be handled by a separate agreement prior to the City approving the contract to construct
Phase 1 of the Road.
The agreement before Council today establishes a frame work for RECM to reimburse the City for
the portions of the Rancho Santa Fe Road, Phase 1 construction that is their responsibility per the
Rancho Santa Fe Road finance plan.
Page 2 of Agenda Bill No. 16, 977
FISCAL IMPACT:
The estimated costs for the construction of Rancho Santa Fe Road is summarized below:
Funding for Rancho Santa Fe Road is summarized below:
RECM will reimburse the City an estimated $1,569,289. This amount is identified as a funding
source in the table above as a portion of the Phase 1 "Other Agencies" contribution.
Reimbursement by RECM is set to occur in three stages. The first stage, which will be paid by
work south of the Habitat Conservation Plan (HCP) area. The second stage, for which RECM will
RECM within 30 calendar days of City Council award of the construction contract for Phase 1, is for
reimburse the City at the time of development of La Costa Oaks North, is for work north of the HCP
area. The third stage is for construction of the Wildlife Crossing within the portion of the road
crossing the HCP area, RECM will reimburse the City for the Wildlife Crossing at the time of
settlement of CFD#2. The estimated cost of the items of work to be paid for by RECM is shown
below:
ENVIRONMENTAL:
The City Council at their meeting on June 2, 1992, passed Resolution No. 92-152 certifying
EIR No. 91-1 for both Phase 1 and Phase 2 of the Rancho Santa Fe Road project. The City Council
at their meeting on April 25, 2000, passed Resolution No. 2000-128 approving Addendum No. 2 to
the final EIR No. 91-1 for Rancho Santa Fe Road. This EIR covers the realignment and widening of
Rancho Santa Fe Road from La Costa Avenue to Melrose Drive.
All permit and mitigation requirements have been met. Per the Habitat Conservation Plan,
a qualified biologist has been retained to monitor the adjacent habitat during construction. Fer the
requirements of the California Department of Fish and Game (CDFG) 1601 permit, a Habitat
Mitigation Plan is being prepared based on the conceptual plan approved by CDFG and will be
implemented concurrent with construction.
Page 3 of Agenda Bill No. 16,977
EXHIBITS:
1. Location Map.
2. Resolution No. 2002-337 approving and authorizing, the execution of
reimbursement agreement between the City of Carlsbad and Real Estate Collateral
Management Company for construction within the City Of Carlsbad, Rancho Santa Fe Road
Realignment and Widening, Phase 1, Project No. 3190.
3. Reimbursement agreement between the City of Carlsbad and Real Estate Collateral
Management Company for construction within the City Of Carlsbad, Rancho Santa Fe Road
Realignment and Widening, Phase 1, Project No. 31 90.
3
:
1
!
€
i
E
5
1c
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
RESOLUTION NO. 2002-337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE
THE CITY OF CARLSBAD AND REAL ESTATE COLLATERAL
EXECUTION OF REIMBURSEMENT AGREEMENT BETWEEN
CITY OF CARLSBAD, RANCHO SANTA FE ROAD REALIGNMENT
MANAGEMENT COMPANY FOR CONSTRUCTION WITHIN THE
AND WIDENING. PHASE 1, PROJECT NO. 3190.
WHEREAS, the City Council of the City of Carlsbad, California, proposes to widen and
realign Rancho Santa Fe Road from La Costa Avenue to Melrose Drive pursuant to City Project
No. 3190; and
I
I
I
WHEREAS, Real Estate Collateral Management Company (the "Developer") is the
Developer of the City approved project known as Carlsbad Tract 99-04, La Costa Oaks (the "Oaks
Project"); and
1
WHEREAS, the City and Developer desire to cooperate in the construction of
Rancho Santa Fe Road to the mutual benefit of both parties; and
WHEREAS, Developer is currently constructing a portion of the grading and drainage
facilities for Rancho Santa Fe Road under a previously approved reimbursement agreement; and
WHEREAS, the previously approved reimbursement agreement acknowledged that City
and Developer would enter into another reimbursement agreement whereby City would construct
the outside lanes and curbs that are the responsibility of Developer, and Developer would
reimburse the City for these and related expenses; and
WHEREAS, the City Engineer has determined that the City construction of the outside
lanes and curbs will result in cost savings to CFD No. 2; and
WHEREAS, the City Council finds that Developer may enter into the Reimbursement
Agreement between the City of Carlsbad and Real Estate Collateral Management Company for
construction within the City Of Carlsbad, Rancho Santa Fe Road Realignment and Widening,
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 the agreement is hereby approved.
3. That the Mayor is hereby authorized to execute the Agreement with Real Estate
Collateral Management Company.
4. That the City Clerk is hereby authorized to cause the executed agreement to be
recorded in the Office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 19th day of NOVEMBER , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
(SEAL)
Page 2 of 2 of Resolution No. 2002-337
*
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC # 2003-0153173
OFFICIAL RECORDS SCIN DIEGO COUNTY RECRDER'S OFFICE
FEES: 44.00 GREGORY J. SMITH, CDUNTY KECDRDER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
REIMBURSEMENT AGREEMENT FOR
CONSTRUCTION WITHIN THE CITY OF CARLSBAD,
RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING,
PHASE 1, PROJECT NO. 3190
BETWEEN
CITY OF CARLSBAD,
A Municipal Corporation
AND
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
1
3
REIMBURSEMENT AGREEMENT BETWEEN THE
CITY OF CARLSBAD AND REAL ESTATE COLLATERAL MANAGEMENT
COMPANY FOR CONSTRUCTION WITHIN THE CITY OF CARLSBAD,
RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING, PHASE 1,
PROJECT NO. 3190
This Agreement for Reimbursement of Construction Costs for portions of Rancho Santa
Fe Road Phase 1, dated as om= 4 , 2002 ("Agreement"), is made at the City of
Carlsbad, San Diego County, California, by and between the CITY OF CARLSBAD,
a municipal corporation ("City") and Real Estate Collateral Management Company, a Delaware
corporation ("Developer"), collectively ("the Parties"), with reference to the following recitals:
RECITALS
A. Developer is in the process of developing that certain real property located in the City of
Carlsbad, California generally shown on Exhibit "A", attached hereto and made a part
hereof, as the La Costa Oaks portion of the overall Villages of La Costa Master Plan.
B. Developer filed separate applications for master tentative subdivision map and related
approvals with respect to La Costa Oaks ("Project"). The Project has been granted City
approvals including without limitation: Tentative Subdivision Map (CT 99-04), Planned
Unit Development Permit (FWD 01-08), and Hillside Development Permit (HDP 99-02),
all incorporated into and approved by City per City Council Resolution No. 2001-318, on
October 23,2001, (collectively the "Approvals").
C. The Project is located within the boundaries of a proposed Community Facilities District
known as Community Facilities District No. 2 - Rancho Santa Fe and Olivenhain Road
("CFD 2") and Developer has executed the Petition, Waiver and Consent to Creation of a
Community Facilities District and Agreement to Pay Fair Share, in connection therewith,
(the "Petition") to finance construction of Rancho Santa Fe Road as more particularly
described therein and as required by the Approvals. Developer is required to pay its fair
share assessment under the Petition at filing of final maps for the project.
D. The Parties agree that the construction of Rancho Santa Fe Road is of great importance to
both parties. The alignment of Rancho Santa Fe Road generally bisects the Project and
Developer is currently grading the Project, which provides an opportunity to closely
coordinate construction of both the Project and Rancho Santa Fe Road Realignment and
Widening, Phase 1, Project No. 3190 (the "RSF Phase1 Work").
E. The Parties agree that cost savings can be achieved by having portions of Developer's
outside lane obligations for RSF Phase 1 Work constructed as part of the City road
construction project.
2
AB #16,977
Resolution No. 2002-337
F.
G.
H.
I.
The Parties acknowledge that Government Code Section 66485 allows the City to require
a sub-divider to construct improvements benefiting property outside the subdivision; and
in such circumstances, Section 66486 requires the City to enter into a reimbursement
agreement for such improvements. The Parties intend that this Agreement satisfy the
requirements of Government Code Section 66486.
The Agreement for Reimbursement of Construction Costs for a Portion of Rancho Santa
Fe Road North of La Costa Avenue between the Parties, dated June 7,2002, Section 3.(g)
states “City agrees to construct, with reimbursement from Developer, Developer’s
portion of the outside curb & gutter, pavement, and base within the limits of the Project
as part of Rancho Santa Fe Road Phase 1 construction. Reimbursement for these
facilities and any others to be constructed by City for Developer shall be spelled out in a
separate reimbursement agreement prior to award of contract by City for the Phase 1
construction.”
The Agreement for Reimbursement of Construction Costs for a Portion of Rancho Santa
Fe Road North of La Costa Avenue between the Parties, dated June 7,2002, Section 4.(h)
states “Developer ’ agrees to enter into a reimbursement agreement with City for
reimbursement of outside curb & gutter, pavement and base within the limits of the
Project as part of Rancho Santa Fe Road Phase 1 construction. The reimbursement
agreement shall be executed prior to award of contract by City for the Phase 1
construction.”
The Rancho Santa Fe Road realignment is a City project for which the City has collected,
and will continue to collect, funds from the developers of projects located within the
boundaries of the proposed CFD No. 2, as well as contributing Citywide CFD No. 1
Funds and financing from other governmental sources. For purposes of this Agreement
the City’s financing program and resulting funds, whether collected prior to or after
formation of the proposed CFD No. 2, are referred to herein as ”Financing Program
Funds.”
NOW, THEREFORE, the City and Developer agree as follows:
1. Recitals. The Recitals are true and correct and incorporated herein by this reference.
2. Reimbursable Work. The portion of the Developer’s overall Rancho Santa Fe Road,
Phase 1 improvements which is the subject of this Agreement is hereafter referred to as
the “Reimbursable Work.” The Reimbursable Work is fully described in ”Scope of
Reimbursable Work and Cost Summary” attached hereto as Exhibit “B” and made a part
hereof, and Scope of Reimbursable Work and Estimated Cost Summary’’ attached hereto
as Exhibit “C” and made a part hereof, and generally consists of the construction of
pavement and base for the outside twelve (12) feet of the roadway plus right turn lanes
and bus turn outs, the outside curb & gutters, storm drain pipes, curb inlets and inlet local
depressions, joint utility trench, sleeves for electric conduits, sleeves for irrigation piping
and controller wiring within the boundary of the Project, and the construction of the
wildlife crossing and design costs to include these facilities in the City plans and
specifications. Reimbursable Work does not include any other expenses that Developer
would not incur if Developer constructed the improvements under a private contract.
3
3. General City Obligations.
City shall prepare the necessary plans, specifications, and other design and bid
documentation for RSF Phase 1 Work. These plans and specifications are
identified as City of Carlsbad Project No. 3 190, Drawing No. 368-2.
City has obtained, or will obtain, all easements and rights-of-way required to
complete construction of the work.
City shall pay the expenses of environmental monitoring for the RSF Phase 1
Work directly from the Financing Program Funds and shall provide those services
directly.
City has obtained, or will obtain, all required environmental and other permits for
the RSF Phase 1 Work. City agrees to process any environmental and other
permits related to the RSF Phase 1 Work which may fall under City jurisdiction in
a timely manner, and shall not unreasonably withhold or delay approval of any
other permits needed for the RSF Phase 1 Work.
During the performance of any Reimbursable Work, City shall retain detailed
payment records for all items of Reimbursable Work.
4. General Developer Obligations.
By entering into this Agreement, Developer waives any and all potential
constitutional objections (Nolan/Dolan) relating to the Rancho Santa Fe Road,
Phase 1 improvements.
Developer agrees to deposit with City, within thirty (30) calendar days of the date
the City Council accepts the lowest responsible bid for the RSF Phase 1 Work, the
estimated costs of the portion of Reimbursable Work as shown on Exhibit “B”.
Developer agrees to reimburse City for the cost of that portion of the
Reimbursable Work northerly of the HCP as shown on Exhibit “C” at the earliest
of (i) prior to the City Council Approval of the first final map for the La Costa
Oaks North area; (ii) the final accounting for the Financing Program Funds or;
(iii) June 30,2010.
Developer agrees to reimburse City for the cost of the Wildlife Crossing, Item No.
A45 of Exhibit “C”, at the time the final accounting for the Financing Program
Funds is undertaken or June 30,2010 whichever occurs first.
4
5. Bidding.
With respect to all hard costs of construction comprising the Reimbursable Work, City
shall advertise bids from reputable contractors. Reimbursable Work will be bid and
contracted together with the Phase 1 work. Upon selection of the lowest responsible
bidder, the costs thereof shall be allocated as necessary among the categories consistent
with the method and process used in Exhibits “B and “C” which amounts shall then
represent the agreed cost of Reimbursable Work, subject to change orders. The Parties
agree that Exhibits “B” and “C” are a fair allocation of the costs under such contract as
among the components of Reimbursable Work. Costs shown in Exhibits “B” and “C” are
subject to modification through change orders consistent with Paragraph 6(e) of this
Agreement.
6. Reimbursable Expenses.
(a) Expenses for Reimbursable Work (including without limitation City’s overhead
and allowance permitted under Section 6(c) below) are referred to herein
collectively as ”Reimbursable Expenses.”
(b) Developer’s reimbursement obligations hereunder shall be based upon the actual
costs incurred by City in contracting for the Reimbursable Work (in addition to
City’s overhead and the allowances specified in Section 6(c) below).
(c) Notwithstanding anything herein to the contrary, in addition to the actual costs for
Reimbursable work incurred by City, Developer specifically agrees that each of
the following shall be deemed Reimbursable:
Proportionate share of costs paid by City for inspection and testing
relating to the Reimbursable Work.
Proportionate share of cost paid by City for contract administration for the
Reimbursable Work.
The cost to redesign the City’s project plans, City Drawing No. 368-2, to
reflect the work on Rancho Santa Fe Road performed by Developer as part
of City Drawing No. 368-2C. This cost is shown on Exhibit “B”.
Proportionate share of cost paid by City for construction support as that
construction support relates to the Reimbursable Work. For the
Reimbursable Work included on Exhibit “B”, payment for construction
support shall be included in the final recalculation of the costs as defined
in Section 7(e) below.
(d) Reimbursable work will be deemed complete upon the City’s receipt of all final
lien releases, approvals, certificates, and City’s approval of the construction
punch list.
5
(e) All change orders affecting the Reimbursable Work shall be subject to approval
by the Parties. At the time of approval, the Parties shall also determine the
portion of the change order allocated to separate components of Reimbursable
Work. Within ten (10) days following City approval of any change order
affecting the Reimbursable Work, Developer shall deposit with City, the actual
cost, if any, necessary to fund the change order.
6. Payment of Reimbursable Expenses.
Payment of Reimbursable Expenses shall be made as specified in Section 4(b)
above.
Payment of any Reimbursable Expenses under this Agreement shall not be
reduced for fees or charges that may be payable as a condition of obtaining
permits for the development of any portion of La Costa Oaks or Developer’s other
projects. City shall not offset Developer’s reimbursement under this Agreement
against any other obligation of any person.
The City shall not unreasonably withhold, condition or delay acceptance of the
Reimbursable Work.
The Parties agree that the sole source of reimbursement shall be Developer’s
funds. Developer represents and warrants it has sufficient funds presently
available to make the deposit as provided herein.
Within thirty (30) days from completion of the Reimbursable Work as provided in
Section 6(d) above, the City and Developer shall make a final recalculation of the
costs of Reimbursable Work. Within thirty (30) days of the completion of the
final recalculation, any overpayment for the reimbursable Work shown on Exhibit
“B” shall be refunded to Developer or any underpayment paid by Developer.
7. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of
this Agreement, the following procedure shall be used to initially resolve any question of
fact or interpretation not informally resolved by the parties. Such questions, if they
become identified as a part of a dispute among persons operating under the provisions of
this Agreement shall be reduced to writing by the principal of Developer or the Director.
A copy of such documented dispute shall be forwarded to the other party involved along
with proposed methods of resolution that would be of benefit to both parties. The
Director, or principal, upon receipt, shall reply to the letter, including a proposed method
of resolution within ten (IO) days. If the proposed resolution 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 as soon as practicable. 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 for purposes of processing any Reimbursement Requests, provided however,
nothing in this Agreement shall prohibit the parties from seeking remedies available to
them at law or equity.
6
8. Assignment of Contract. The City shall not assign this contract or any part thereof or any
monies due hereunder without the prior written consent of the Developer, which consent
shall not be unreasonably withheld, delayed or conditioned.
9. Notices. Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been
duly delivered 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 after mailing by United States Certified Mail,
return receipt requested, postage prepaid, address as specified herein. Notices required to
be given to Developer shall be addressed as follows:
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
c/o Morrow Development, Inc.
Attention: Fred M. Arbuckle, President
1903 Wright Place, Suite 180
Carlsbad, CA 92008
Telephone: (760) 929-2701
FAX: (760) 929-2705
Notices to City shall be delivered to the following:
CITY OF CARLSBAD
Engineering Department
Attention: Public Works Director
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2730
FAX: (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.
10. Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed to be an original and all of which
counterparts taken together shall constitute one and the same instrument.
1 1. Governing Law and Venue. This Agreement shall be interpreted and enforced under the
laws of the State of California and venue shall be in San Diego County, California.
12. Complete Agreement. This Agreement contains the entire agreement between the parties
with respect to the subject matter contained herein, and supersedes all negotiations,
discussions, and prior drafts with respect to this subject matter.
13. Amendment. This Agreement may be amended only by a written instrument executed by
City and Developer.
7
14.
15.
16.
17.
Term. This Agreement shall be effective as of the date first above written, and shall
terminate on the date the Developer fully pays City its Reimbursement Expenses.
No Third Party Beneficiaries. This Agreement shall not be deemed to confer any rights
upon any individual or entity that is not a party hereto, and the parties hereto expressly
disclaim any such third-party benefit.
Indemnification. City shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless Developer, its officers, agents, and employees, against any
challenges to the award of contract(s) for the Reimbursable Work to contractor(s).
Defense costs include the cost of separate counsel for the Developer, if the Developer
reasonably requests separate counsel, as well as the payment of any fines or judgments.
Severability. The invalidity or unenforceability of any provision of this Agreement, as
determined by a court of competent jurisdiction, shall in no way affect the validity or
enforceability of any other provision hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first above written.
REAL ESTATE COLLATERAL
MANAGEMENT COMPANY, a Delaware
corporation
By: - #/&&if- P
David A. Watts
Vice President
ATTEST:
City Clerk
APPROVED AS TO FORM:
R. BALL, City Attorney
By: (2.Gi-Q
Cit Attorney (/3(5+L.
8
EXHIBIT "B"
"SCOPE OF REIMBURSABLE WORK AND COST SUMMARY"
RANCHO SANTA FE ROAD NORTH, PHASE 1 - PORTION SOUTH OF HCP
CINIRECM I I Reimbursable 1
SCHEDULE F SEWER IMPROVEMENTS lLCWD Servlce Area)
F - 1
$ 76,032 1,168 $ 76,032 $ 64.00 LF 1,188 8' PVC, SDR 35 Gravib Sewer F - 3
$ 9,600 3 $ 9,600 $ 3,200.00 EA 3 Concrete Sewer 4 Diameter Manhole per LCWD F - 2
0 5,300 1 $ 5,300 $ 5.300.00 EA 1 Concrete Sewer 5' diameter manhole per LCWD
Total Schedule F $ 90,932 $ 90,932
Subtotal Schedules $3.238.052 $ 441.930
Dwg 5-4
Dwg 5-3
Total Schedules
Contingency 10%
Inspection 8 Testing 12%
Contract Administration 2%
Construction Support 5%
TOTAL SOUTH OF HCP
$ '323;805
$3,561,857 4 $441,930
$ 427.423 $ 53.032 I 0 71,237
$ 178,093
$4,238,610
t- DESIGN COST TO REDESIGN CITY PLANS TO REFLECT WORK PERFORMED BY
DEVELOPER AS PART OF DRAWING NO. 368-2C. I (Tasks No. 8-1 1.17 &I8 of Dokken Engineering Amendment No. 7)
$ 59,725
NOTES
1 Schedules and Item No.'s refer to Bid Schedules for Rancho Santa Fe Road, Phase 1, Project No. 3190-1
3 Items marked with an * are not listed on the City Bid Schedule but may appear as a change order
2 Unit Costs to be up dated from City accepted Bid.
item during construction.
Prepared: August 26,2002
Rev.: October 22, 2002
Rev.: October 30, 2002 By: Helming Engineering, Inc. Page I of 1
EXHIBIT "C"
"SCOPE OF REIMBURSEABLE WORK AND ESTIMATED COST SUMMARY"
RANCHO SANTA FE ROAD, PHASE 1
PORTION NORTH OF HCP &WILDLIFE CROSSING
Prepared: October 22, 2002
Rev.: October 30, 2002 By: Helming Engineering, Inc. Page 1 of 2
EXHIBIT "C"
"SCOPE OF REIMBURSEABLE WORK AND ESTIMATED COST SUMMARY"
RANCHO SANTA FE ROAD, PHASE 1
PORTION NORTH OF HCP & WILDLIFE CROSSING
I 1 Reimbursable I
Item No. I Description I Qty I Unit I Unit Price I Total II Qty I Tor
SCHEDULE E: SEWER IMPROVEMENTS (VWD Service Area)
E - 1 IConcrete Sewer 5' x 3' manhole I 51 EA I $ 5,000.00 I $ 25,000 I I E - 2 IS. PVC, SDR 35 Gravity Sewer
5 I $ 25,000 I 1,164 I LF I $ 64.00 I $ 74,496 I I 1,164 I $ 74,496
$ 99,496 $ 99,496 Total Schedule E
Subtotal Schedules
Contingency 10% $2,186,631 $ 408,343
$ 218,663 $ 40,834
Total Schedules $2,405,294 $449,178
Contract Administration
Inspection & Testing 12% $ 288,635 $ 53,901
2% $ 48,106
Construction Support
$ 8,984
5% $ 120,265 $ 22,459
TOTAL NORTH OF HCP $2,662,300 $ 534,521
1 Schedules and Item No.'s refer to Bid Schedules for Rancho Santa Fe Road, Phase 1, Project No. 31 90-1
2 Unit Costs to be opdaied from City accepted Bid.
3 Items marked with an ' are not listed on the City Bid Schedule but may appear as a change order
item during construction.
WILDLIFE CROSSING
A - 65 IWildlife Crossing I 1 I EA I $360,000.00 I $ 360,000 I I 1 I $ 360,000
$ 360,000
Total Wildlife Crossing $396,000 $396,000
Subtotal Wildlife Crossing $ 360,000
Contingency 10% $ 36,000 $ 36,000
Inspection &Testing 12%
Contract Administration 2%
Construction Support
WILDLIFE CROSSING TOTAL
5%
$ 47,520
$ 7,920 $ 7,920
Prepared: October 22,2002
Rev.: October 30, 2002 By: Helming Engineering, Inc. Page 2 of 2
SATE OF Illinois
COUNTY OF Cook ss.
On November 1 1,2002, before me, Mary E. Winslow, Notary public PERSONALLY
APPEARED, David A. Watts personally known to me 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 entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature -4. d&
SECRETARY’S CERTIFICATE OF
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
THE UNDERSIGNED, the Secretary of Real Estate Collateral Management
Company, a Delaware corporation (the “Corporation”), does hereby certify that the
following is a true and correct copy of the resolutions adopted by the unanimous written
consent of the Board of Directors of the Corporation on December 12,2001 and the same
are in full force and effect as of the date hereof:
RESOLVED, that the Corporation is hereby authorized to enter into all
agreements, indentures, mortgages, deeds, conveyances, licenses, permits, transfers,
contracts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts,
affidavits, bonds in an aggregate amount of up to One Hundred and Thirty Million
Dollars ($130,000,000), undertakings, proxies and other instruments or documents
required or deemed necessary by an Authorized Officer to be delivered in connection
with the development of the property owned by the Corporation and the project known as
thee Villages of La Costa.
FURTHER RESOLVED, that the President or any Vice President of the
Corporation (the “Authorized Officers”) are hereby authorized and directed to execute
and deliver on behalf of the Corporation any documents and instruments necessary or
appropriate to effectuate and to perform such other acts as may be deemed necessary and
proper to effectuate the intent and purposes of the foregoing resolution.
FURTHER RESOLVED, the Corporation does hereby ratify and confirm all
actions that have been taken in conjunction with the foregoing resolutions as of the date
hereof.
IN WITNESS WHEREOF, I have hereto set my hand on this 14” day of
Dwcmber. 2001.
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
CERTIFICATE OF INCUMBENCY
I, L. S. Mattenson, the Secretary of Real Estate Collateral Management Company,
a Delaware corporation, certify that the persons named below are officers of this
corporation, holding the offices set forth opposite their names, and that their
appointments have not been cancelled as of the date hereof.
L. C. Klug President
D. A. Watts Vice President
T. P. Shanley Vice President
Dated: December 14,2001
lawVlcfs\LaCosIaW.ECMincumb.sert