HomeMy WebLinkAbout2006-05-02; City Council; 18548; Approve First Amended Restated Reimbursement Agreement Rancho Santa Fe Road North Realignment Widening Phase 1 Phase 2CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
18,548
5-2-06
ENG
TITLE: APPROVE AND AUTHORIZE EXECUTION OF FIRST
AMENDED AND RESTATED REIMBURSEMENT AGREEMENT
FOR CONSTRUCTION WITHIN THE CITY OF CARLSBAD,
RANCHO SANTA FE ROAD NORTH REALIGNMENT AND WIDENING,
(PHASE 1, PROJECT NO. 3190; HCP FRONTAGE WORK;
PHASE 2, PROJECT NO. 3907)
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DEPT. HD. /s^
CITY ATTY. d?"'
CITY MGRT^i'Y5
RECOMMENDED ACTION:
Adopt Resolution No. 2006-110 approving and authorizing execution of First Amended and
Restated Reimbursement Agreement of Construction Costs for Rancho Santa Fe Road North,
Phase 1 and Phase 2 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
2.3 miles of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive. The project is being
constructed in two phases: Phase 1, from La Costa Avenue to San Elijo Road; and Phase 2,
from San Elijo Road to Melrose Drive. 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. Carlsbad Tract No. 99-04, known as La Costa Oaks (the "Oaks
Project"), straddles a portion of Rancho Santa Fe Road that is under construction.
At the City Council meeting of November 11, 2002, the City Council adopted Resolution No. 2002-
337, approving a reimbursement agreement with Real Estate Collateral Management Company
(RECM). That agreement established a framework for RECM to reimburse the City for the
construction of certain roadway improvements within Rancho Santa Fe Road North, Phase 1, per
the Rancho Santa Fe Road financing plan. That agreement also established that further
reimbursements for Phase 2 of Rancho Santa Fe Road North were anticipated and that the
agreement could be amended to include these reimbursements.
With the construction of Rancho Santa Fe Road North, Phase 2 in progress, RECM and staff desire
to amend the reimbursement to the Phase 2 work, and also include the work RECM has constructed
within the HCP area that is the responsibility of the City. This First Amended and Restated
Reimbursement Agreement modifies the prior agreement and includes appropriate provisions for the
reimbursement of Phase 1 and 2 improvements as noted above.
ENVIRONMENTAL:
The City Council passed Resolution No. 92-152 certifying EIR No. 91-1 at their meeting on
June 2,1992. The City Council passed Resolution No. 2000-128 approving Addendum No. 2 to the
final EIR for Rancho Santa Fe Road at their meeting on April 25, 2000. This EIR covers the
realignment and widening of Rancho Santa Fe Road from La Costa Avenue to Melrose Drive,
which includes the area being considered for reimbursement.
Page 2
FISCAL IMPACT:
RANCHO SANTA FE ROAD (PHASES 1 & 2):
Project Costs:
TASK DESCRIPTION
Design
Environmental Mitigation & Monitoring
Right-of-Way
Construction, Inspection, Materials Testing & Public Relations
TOTAL ESTIMATED COST
PHASE 1
$3,627,000
$3,687,000
$0
$18,681,000
$25,995,000
PHASE 2
$0
$700,000
$289,000
$19,215,000
$20,204,000
TOTAL
$3,627,000
$4,387,000
$289,000
$37,896,000
$46,199,000
During the past few years, the City has continued to work on the formation of a Community Facilities
District Number 2 (CFD No. 2) to fund the construction of Rancho Santa Fe Road. Until the
CFD No. 2 is finally formed, developers in the Rancho Santa Fe Road area have chosen to enter
into agreements with the City to prepay their obligation under the future CFD No. 2. Based on
anticipated development and prepayment agreements, there are sufficient funds appropriated for
the improvements described in the agreement.
Funding:
FUNDING SOURCE
Community Facilities District & PFF
Federal, & State Grants and Loans
Reimbursements (Dev., CMWD & VWD)
TOTAL
PHASE 1
$19,132,000
$4,741 ,000
$2,122,000
$25,995,000
PHASE 2
$9,062,000
$7,270,000
$3,872,000
$20,204,000
TOTAL
$28,194,000
$12,011,000
$5,994,000
$46,199,000
The Rancho Santa Fe Road project will be funded with a combination of Community Facilities
District funds, Public Facilities Fee (PFF), Federal and State grants, and reimbursements from other
agencies and developers.
Reimbursement Agreement:
Real Estate Collateral Management Company (RECM) will reimburse the City an estimated
$1 .6 million; this amount is included as a portion of the item Reimbursements in the table above.
Reimbursement by RECM is set to occur in three stages. The first stage, which has already been
paid as part of the reimbursement agreement for Phase 1 , is for the work south of the Habitat
Conservation Plan (HCP) area. The second stage, in which RECM will reimburse the City at the time
of development of La Costa Oaks North, is for Phase 1 work north of the HCP and for Phase 2 work.
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 or June 30, 2010, whichever occurs first.
The City will reimburse RECM $501,590 for the construction of sidewalks, street lights and roadway
landscape and irrigation within the HCP area. This will result in a net reimbursement of $1 .1 million.
PageS
EXHIBITS:
1. Location Map.
2. Resolution No. 2006-110 approving and authorizing execution of the First
Amended and Restated Reimbursement Agreement for construction within the City of
Carlsbad, Rancho Santa Fe Road North Realignment and Widening, (Phase 1, Project No.
3190; HCP Frontage Work; Phase 2, Project No. 3907).
3. First Amended and Restated Reimbursement Agreement for construction within the City of
Carlsbad, Rancho Santa Fe Road North Realignment and Widening, (Phase 1, Project No.
3190; HCP Frontage Work; Phase 2, Project No. 3907).
DEPARTMENT CONTACT: David Mauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us
/ BIT I
LOCATION MAP
NOT TO SCALE
PROJECT NAME RANCHO SANTA FE ROAD
PHASES I & II
PROJECT
NUMBER
3190 1
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING UEPT. 10/15/01 C: \CAPIIAL\HELUING\J190.DWG
RESOLUTION NO. 2006-110
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE
EXECUTION OF FIRST AMENDED AND RESTATED
REIMBURSEMENT AGREEMENT FOR CONSTRUCTION WITHIN
THE CITY OF CARLSBAD, RANCHO SANTA FE ROAD NORTH
REALIGNMENT AND WIDENING, (PHASE 1, PROJECT NO. 3190;
HCP FRONTAGE WORK: PHASE 2. PROJECT NO. 3907).
WHEREAS, the City of Carlsbad proposes to widen and realign Rancho Santa Fe Road
from La Costa Avenue to Melrose Drive pursuant to City Project No's. 3190 & 3907; and
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
WHEREAS, the City and Developer desire to cooperate in the construction of Rancho
Santa Fe Road North to the mutual benefit of both parties; and
WHEREAS, the City and developer desire to amend and restate the previous
reimbursement agreement to include the Rancho Santa Fe Road North Phase 2 portion of the
project; and
WHEREAS, the City Engineer has determined that construction of the outside lanes, curb
and gutter, sidewalk and street lights at this time will result in cost savings to CFD No. 2; and
WHEREAS, adequate funds to reimburse the Developer for constructing Rancho
Santa Fe Road improvements exist with the fees collected pursuant to the proposed CFD No. 2
and Developer has agreed to reimburse City for their share of the costs.
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.
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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 2nd day of May , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None/
ABSENTj
LORRAINE M. WOOD, City Clerk (SEAL)
DGC# 2006-0496910
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
6079
JUL14, 2006 11:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 R Y J. S MIT H, CO LI N TY R E CO R D E R
FEES: 55.00
PAGES: 17
SPACE ABOVE THIS LINE FOR RECORDER'S USE
REFERENCE: Doc # 2002-0609787, JUL 19, 2002, 4:09 PM
Agreement for Reimbursement of Construction Costs for a Portion of
Rancho Santa Fe Road North of La Costa Avenue.
FIRST AMENDED AND RESTATED REIMBURSEMENT
AGREEMENT FOR CONSTRUCTION WITHIN
THE CITY OF CARLSBAD, RANCHO SANTA FE ROAD NORTH
REALIGNMENT AND WIDENING, (PHASE 1, PROJECT NO. 3190;
HCP FRONTAGE WORK; PHASE 2, PROJECT NO. 3907)
BETWEEN
CITY OF CARLSBAD,
A Municipal Corporation
AND
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
Reimbursement Agreement
27817-5/1879968.4 1/17/06
^080
FIRST AMENDED AND RESTATED REIMBURSEMENT AGREEMENT FOR
CONSTRUCTION WITHIN THE CITY OF CARLSBAD,
RANCHO SANTA FE ROAD NORTH REALIGNMENT AND WIDENING,
(PHASE 1, PROJECT NO. 3190; HCP FRONTAGE; and
PHASE 2, PROJECT NO. 3907)
This Agreement for Reimbursement of Construction Costs for construction within the
City of Carlsbad, Rancho Santa Fe Road Realignment and Widening, dated as of
May 2 2006 ("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 (PUD 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 entered into that previous Reimbursement Agreement, dated June 7, 2002,
regarding only City's Phase I, Project 3190, and now wish to further expand their cooperation to
additional project components and amend and restate the prior Reimbursement Agreement. 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. Developer is
currently processing plans for development of La Costa Oaks North, CT 99-04-03. Developer
and City have worked closely to coordinate construction of both the Project and Rancho Santa Fe
Road Realignment and Widening for the following three components: (1) the outside lane
construction work for Phase 1, Project No. 3190 through La Costa Oaks South and portions of
La Costa Oaks North (the "RSF Phase 1 Work"); (2) frontage improvements to RSF Road
through the Habitat Conservation Plan (HCP) area ("HCP Frontage Work"); and (3) the outside
Reimbursement Agreement
27817-5/1879968.4 2 1/17/06
lane construction work for RSF Road Phase 2, Project No. 3907 through La Costa Oaks North
(the "RSF Phase 2 Work").
E. The Parties agree that cost savings can be achieved by having portions of Developer's
outside lane obligations for RSF Phase 1 and Phase 2 Work constructed as part of the City road
construction projects and to have Developer construct City's HCP Frontage Work as part of
Developer's other frontage improvements.
F. 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.
G. 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."
H. 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."
I. 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."
J. The Parties now wish to restate and amend 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, to include construction, reimbursement and payment
arrangements for each of the RSF Phase I Work, the HCP Frontage Work and the RSF Phase 2
Work (collectively referred to as the "Reimbursable Work").
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.
Reimbursement Agreement
27817-5/1879968.4 3 1/17/06
a. RSF Phase 1 and Phase 2 Work. The portion of the overall Reimbursable Work
for RSF Phase 1 Work adjacent to La Costa Oaks South (southerly of the HCP area) is fully
described in "Scope of RSF Phase 1 Reimbursable Work and Cost Summary" attached hereto as
Exhibit "B" and the portion of the Reimbursable Work for RSF Phase 1 adjacent to La Costa
Oaks North (northerly of the HCP area) and the Wildlife Crossing are shown on the Scope of
Reimbursable Work and Cost Summary attached hereto as Exhibit "C" and made a part hereof.
The Reimbursable Work for the RSF Phase 2 Work is fully described in the "Scope of
Reimbursable Work and Cost Summary" attached hereto as Exhibit "D" and made a part hereof.
The RSF Phase 1 and Phase 2 Reimbursable Work 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. RSF Phase 1 and Phase 2 Reimbursable Work shall be
constructed by City and the cost of which will be reimbursed by Developer pursuant to this
Agreement. At present, the RSF Phase 1 work including the Wildlife Crossing have been
completed. The costs for (1) RSF Phase 1 Reimbursable Work is $692,229.00 as shown on
Exhibits "B" & "C", (2) the cost for the Wildlife Crossing is $449,010.00 as shown on Exhibit
"C" and the estimated cost for (3) RSF Phase 2 Reimbursable Work is $499,561.00 as shown on
Exhibit "D".
b. HCP Frontage Work. The portion of the overall Reimbursable Work for the HCP
Frontage Work is more particularly described in the "Scope of HCP Frontage Reimbursable
Work and Cost Summary" attached hereto as Exhibit "E" and made a part hereof. The HCP
Frontage Work generally consists of sidewalk, median hardscape, planting and irrigation,
parkway planting and irrigation, utility trenching and pavement removal. The HCP Frontage
Work have been constructed by Developer and the cost of which shall be reimbursed by City
pursuant to this Agreement. The cost for HCP Frontage Reimbursable Work is $502,589.61 as
shown on Exhibit "E".
3. General City Obligations.
/
a. City shall prepare the necessary plans, specifications, and other design and
bid documentation for RSF Phase 1 and Phase 2 Work. These plans and specifications are
identified as City of Carlsbad Project No. 3190, Drawing No. 368-2 (Phase 1) and Project No.
3907 Drawing No. 368-2B (Phase 2).
b. City has obtained, or will obtain, all easements and rights-of-way required
to complete construction of the Reimbursable Work.
c. City shall pay the expenses of environmental monitoring for all RSF Phase
1 and Phase 2 Reimbursable Work directly from the Financing Program Funds and shall provide
those services directly.
Reimbursement Agreement
27817-5/1879968.4 4 1/17/06
d. City has obtained, or will obtain, all required environmental and other
permits for all Reimbursable Work. City agrees to process any environmental and other permits
related to the Reimbursable 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
Reimbursable Work.
e. During the performance of any Reimbursable Work, City and Developer
shall retain detailed payment records for all items of Reimbursable Work.
f. City agrees to credit Developer against Developer's final reimbursement
payments to City for RSF Phase 1 and Phase 2 Reimbursable Work, the (1) the full amount of
$365,446 which amount is the $443,610 Developer deposited with the City as the estimated costs
of the southerly portion of RSF Phase 1 Reimbursable Work minus the $78,164 returned to
Developer for the sewer facilities (Schedule F), (2) the final costs of constructing the HCP
Frontage Reimbursable Work as described in Exhibit "E" hereto and (3) the final costs of the
Wildlife Crossing, which Wildlife Crossing work and costs is described and shall be separately
reimbursed as set forth in Section 4.d. below.
4. General Developer Obligations.
a. By entering into this Agreement, Developer waives any and all potential
constitutional objections (Nolan/Dolan) relating to all Reimbursable Work.
b. On December 4, 2002, Developer deposited with City $443,610, being the
estimated costs of the portion of Reimbursable Work for RSF Phase 1 southerly of the HCP area.
Prior to City Council approval of the first final tract map ("A" Map) for La Costa Oaks North,
Developer shall deposit with the City the estimated, or if RSF Phase 1 or Phase 2 Reimbursable
Work is then completed, the final costs therefore, LESS the sum of the following amounts: (1)
the remaining portion of the RSF Phase 1 deposit of $365,446, (2) the final costs of the HCP
Frontage Reimbursable Work as shown on Exhibit "E", (3) the final cost of the Wildlife
Crossing as described in Section 4.d. below. The amount to be deposited prior to approval of the
final map for La Costa Oaks North is $323,754.39 as shown on Exhibit "F", the Summary of
Cost and Deposits, attached hereto and made a part hereof.
c. Developer and City shall compute the final costs of all Reimbursable
Work and make the final payments as provided in Section 7.e. below, at the earliest of (i)
Completion of all Reimbursable Work; (ii) the final accounting for the Financing Program Funds
or; (iii) June 30, 2010.
d. Notwithstanding Section 4.c. above, Developer shall reimburse City for
the cost of the Wildlife Crossing, Item No. A—65 of Exhibit "C", at the time the final
accounting for the Financing Program Funds is undertaken or June 30, 2010, whichever occurs
first.
5. Bidding.
a. RSF Phase 1 and Phase 2 Work.
Reimbursement Agreement
27817-5/1879968.4 5 1/17/06
With respect to all hard costs of construction comprising the RSF Phase 1 and
Phase 2 Reimbursable Work, City shall advertise bids from reputable contractors. Reimbursable
Work will be bid and contracted together with City's other 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 "C", and "E" which amounts shall then
represent the agreed cost of RSF Phase 1 and Phase 2 Reimbursable Work, subject to change
orders. The Parties agree that Exhibits "B", "C", "D" and "E" are a fair allocation of the costs
under such contract as among the components of Reimbursable Work. Costs shown in Exhibit
"D" are subject to modification through change orders consistent with Paragraph 6(e) of this
Agreement.
b. HCP Frontage Work .
Developer shall separately and competitively bid the HCP Frontage Work upon
selection of the lowest responsible bidder and the costs in Exhibit "E" shall be adjusted as
described in Section 5.a. above.
6. Reimbursable Expenses.
a. Final costs for all 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. All reimbursement obligations hereunder shall be based upon the actual
costs incurred by City and Developer in contracting for the Reimbursable Work (in addition to
overhead and the allowances specified in Section 6(c) below).
c. Notwithstanding anything herein to the contrary, in addition to the actual
construction costs for Reimbursable Work incurred by either party, each specifically agrees that
each of the following elements shall be deemed part of the total Reimbursable Expenses:
i. Proportionate share of costs paid for inspection and testing relating
to the Reimbursable Work. Such share shall be 12 percent as shown on Exhibits B through E
attached hereto.
ii. Proportionate share of cost paid for contract administration for the
Reimbursable Work. Such share shall be 2 percent as shown on Exhibits B through E attached
hereto.
iii. The cost to design the Reimbursable Work plans. Such cost shall
be mutually agreed to by both parties after submittal of sufficient documentation to establish
actual cost.
iv. Proportionate share of cost paid-for construction support as that
construction support relates to the Reimbursable Work. For the Reimbursable Work, payment for
construction support shall be included in the final recalculation of the Reimbursable Expenses
pursuant to Section 7(e) below. Such share shall be 5 percent as shown on Exhibits B through E
attached hereto.
Reimbursement Agreement
27817-5/1879968.4 6 1/17/06
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.
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.
7. Final Payment of Reimbursable Expenses.
a. Final Payment of Reimbursable Expenses shall be made as specified in
Section 4.c. above.
b. 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.
c. The City shall not unreasonably withhold, condition or delay acceptance
of the Reimbursable Work.
d. The Parties agree that the sole source of reimbursement shall be
Developer's funds subject to any credit due Developer for the HCP Frontage Reimbursable
Work and any Developer deposits previously made with the City. Developer represents and
warrants it has sufficient funds presently available to make the deposits and any final payment as
provided herein.
e. Within thirty (30) days from the earliest date set for final payment for
Reimbursable Work as provided in Section 4.c. above, the City and Developer shall make a final
recalculation of the actual costs of Reimbursable Work. Within thirty (30) days of the
completion of the final recalculation, any overpayment for the Reimbursable shall be refunded to
Developer or any underpayment paid by Developer. In the event that any component of the
Reimbursable Work has not yet been completed, then the parties shall use the estimated cost
thereof, as may be adjusted pursuant to Section 6 above.
8. 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 (10) 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
Reimbursement Agreement
27817-5/1879968.4 7 1/17/06
6086
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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
Reimbursement Agreement
27817-5/1879968.4 8 1/17/06
14. Amendment. This Agreement may be amended only by a written instrument
executed by City and Developer.
15. 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.
16. 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.
17. 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.
18. 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 CITY
MANAGEMENT COMPANY, a Delaware Co
corporation
75.2^
Fred R. Schimel
Vice President
ATTEST:
Lorraine M. Wood
City Clerk
APPROVED AS TO FORM:
RONAM} R. BALL, City Attorney
/ .By:.Deputy City Attorney
Reimbursement Agreement
27817-5/1879968.4 1/17/06
STATE OF ILLINOIS
COUNTY OF COOK ss.
On /) f C!L 13, 2006 before me, Diana C. Moreno, Notary Public,
PERSONALLY APPEARED Fred Schimel 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.
* "OFFICIAL SEAL"
DIANA C. MORENO
NOTARY PUBLIC, STATE OF ILLINOIS
_ _ MY COMMISSION ^EXPIRES 10/4/2009
Signature:_
Diana C. Moreno
Exhibit "A"
La Costa Oaks
SAN EUJO ROAD
LOT NUMBERS
(TYPICAL)
R:\nQ71\fcPln\0071xl39 B.5 x II I ot Fxhibit-f or Tin n.dwnf 1711lNov-H-
EXHIBIT "B"
"SCOPE OF REIMBURSABLE WORK AND COST SUMMARY"
RANCHO SANTA FE ROAD NORTH, PHASE 1 - PORTION SOUTH OF HCP
CITY/RECM (w/BID UNIT PRICES AND FINAL QUANTITIES)
6090
Item No. Description Qty Unit Unit Price Total
Reimbursable
RECM
Qty Total
SCHEDULE A: STREET IMPROVEMENTS & GRADING
A-10
A-11
A -27
A -54
A -55
A -56
A -58
A -69
A -68
Crushed Aggregate Base
Asphalt Concrete
Type B Inlet Depression
4" - 6" PVC Irrigation Sleeve
2" - 3" PVC Electric Service Sleeve
Joint Utility Trench
6" Type G C & G per SDRSD G-2
Stamped Concrete - Median
PCC Paving (8")
37,000
30,500
15
530
2,900
380
14,700
13,700
2,500
CY
TON
EA
LF
LF
LF
LF
SF
SF
$ 13.06
$ 41.00
$ 810.00
$ 8.00
$ 4.00
$ 52.00
$ 10.00
$ 4.45
$ 5.40
$ 483,220
$1,250,500
$ 12,150
$ 4,240
$ 11,600
$ 19,760
$ 147,000
$ 60,965
$ 13,500
3,226
2,288
9
108
1,656
128
4,392
408
1,995
$ 42,132
$ 93,813
$ 7,290
$ 864
$ 6,624
$ 6,656
$ 43,921
$ 1,816
$ 10,773
Total Schedule A $2,002,935 $ 213,889
SCHEDULE B: RECYCLED WATER IMPROVEMENTS (OMWD Service Area)
B-2
B-3
B-4
B-5
B-7
B-8
8" C900 Class 150 PVC.
2" Irrigation Service.
12" Resilient Wedge Gate Valve per OMWD
Standard Drawing No. D-2.3
8" Resilient Wedge Gate Valve per CMWD
Standard Drawing No. W16.
2" MAR Assembly OMWD Std Dwg No. A-2.3
2" Blow-Off Assembly per OMWD Standard
Drawing No. A- 1.1
126
15
10
2
8
10
LF
EA
EA
EA
EA
EA
$ 42.00
$ 1,900.00
$ 2,000.00
$ 1,150.00
$ 1,700.00
$ 1,700.00
$ 5,292
$ 28,500
$ 20,000
$ 2,300
$ 13,600
$ 17,000
36
13
2
1
2
1
$ 1,512
$ 24,700
$ 4,000
$ 1,150
$ 3,400
$ 1,700
Total Schedule B $ 32,900 $ 36,462
SCHEDULE D: POTABLE WATER IMPROVEMENTS (OMWD)
D-3
D-10
8" Potable Water C 900 Class 150 PVC
2" Manual Air Release Assembly per OMWD Std
Dwg. A-2.3
126
1
LF
EA
$ 51.00
$ 1,800.00
$ 6,426
$ 1,800
126
1
$ 6,426
$ 1,800
Total Schedule D $ 8,226 $ 8,226
CO#8 | Realign 8" Water Line @ Sta 207+98 1 |LS $ 833.83 $ 834 1 $ 834
Total Potable Water $ 9,060 $ 9,060
SCHEDULE F: SEWER IMPROVEMENTS (LCWD Service Area) SCHEDULE F WAS CONSTRUCTED BY RECM
F-1
F-2
F-3
Concrete Sewer 5' diameter manhole per LCWD
Dwg 5-4
Concrete Sewer 4' Diameter Manhole per LCWD
Dwg 5-3
8" PVC, SDR 35 Gravity Sewer
0
0
0
EA
EA
LF
$ 4,700.00
$ 3,500.00
$ 53.00
$
$
$
-
-
-
$
$
$
Total Schedule F $ - $ -
Subtotal Schedules
Contingency 10%
Total Schedules
Inspection & Testing 12%
Contract Administration 2%
Construction Support 5%
TOTAL SOUTH OF HCP
DESIGN:
$2,044,061
$
$2,044,061
$ 245,287
$ 40,881
$ 102,203
$2,432,433
$ 259,411
$
$259,411
$ 31,129
$ 5,188
$ 12,971
$ 308,699
COST TO REDESIGN CITY PLANS TO REFLECT WORK PERFORMED BY $ 59,725
DEVELOPER AS PART OF DRAWING NO. 368-2C.
(Tasks No. 8-11, 17 &18 of Dokken Engineering Amendment No. 7)
TOTAL COST TO BE PAID BY DEVELOPER $ 368,424
NOTES
1 Schedules and Item No.'s refer to Bid Schedules for Rancho Santa Fe Road, Phase 1, Project No. 3190-1
Prepared: August 26, 2002
Rev.: October 22, 2002
Rev.: October 30, 2002
Rev.: Jan. 16, 2006 By: Helming Engineering, Inc.Page 1 of 1
EXHIBIT "C"
"SCOPE OF REIMBURSEABLE WORK AND COST SUMMARY"
RANCHO SANTA FE ROAD, PHASE 1 - POR. N. OF HCP & WILDLIFE CROSSING
(w/BID UNIT PRICES AND FINAL QUANTITIES)
Item No.Description Qty Unit Unit Price Total
Reimbursable
RECM
Qty Total
SCHEDULE A: STREET IMPROVEMENTS & GRADING
A-10
A-11
A -22
A -27
A -32
A -36
A -45
A -54
A -55
A -56
A -58
A -69
A -68
Crushed Aggregate Base
Asphalt Concrete
Type B-5 Clean Out per SDRSD D-10
& B-5 Clean Out (Modified)
Type B Inlet Depression
18" RCP Storm Drain (1350-D) [with
watertight joints]
30" RCP Storm Drain (1350-D) [with
watertight joints]
Pipe Plug
4" - 6" PVC Irrigation Sleeve
2" - 3" PVC Electric Service Sleeve
Joint Utility Trench
6" Type G C & G per SDRSD G-2
Stamped Concrete - Median
PCC Paving (8")
3,700
30,500
12
15
516
383
3
530
2,900
380
14,700
13,700
2,500
CY
TON
EA
EA
LF
LF
EA
LF
LF
LF
LF
SF
SF
$ 13.06
$ 41.00
$ 4,450.00
$ 810.00
$ 64.00
$ 77.00
$ 650.00
$ 8.00
$ 4.00
$ 52.00
$ 10.00
$ 4.45
$ 5.40
$ 48,322
$1,250,500
$ 53,400
$ 12,150
$ 33,024
$ 29,491
$ 1,950
$ 4,240
$ 1 1 ,600
$ 19,760
$ 147,000
$ 60,965
$ 13,500
1,666
1,153
1
3
16
90
2
53
826
118
2,133
408
-
$ 21,752
$ 47,277
$ 4,450
$ 2,430
$ 1 ,024
$ 6,930
$ 1,300
$ 424
$ 3,304
$ 6,136
$ 21,326
$ 1,816
$
Total Schedule A $1,685,902 $ 118,169
SCHEDULE C: RECYCLED WATER AND POTABLE WATER IMPROVEMENTS (VWD Service Area)
C-3
C-4
C-5
C-9
C-10
C-11
C-14
C-15
*C-23
*C-24
8" Recycled Water C 900 Class 150
PVC.
12" Potable Water Class 350 DIP
8" Potable Water Class 350 DIP,
Tyton Joint with Poly-Wrap including
Fittings
12" Resilient Wedge Gate Valve per
VWD Standard Drawing No. W-14 &
W-16
8" Resilient Wedge Gate valve per
VWD Standard Drawing No. W14 and
W16.
2" Irrigation Service per VWD
Standard Drawing No. B-1.5.
1" Air Release and Vacuum Relief
Valve per VWD Standard Drawing No.
W-2
2" Blow-Off Assembly per VWD
Standard Drawing No. W-1
24" X 8" Tee w/TB
12"x8"Teew/TB
34
1067
109
6
1
5
1
7
1
1
LF
LF
LF
EA
EA
EA
EA
EA
EA
EA
$ 61.00
$ 45.00
$ 61.00
$ 2,000.00
$ 1,250.00
$ 2,500.00
$ 2,200.00
$ 1,600.00
$ 300.00
$ 200.00
$ 2,074
$ 48,015
$ 6,649
$ 12,000
$ 1,250
$ 12,500
$ 2,200
$ 11,200
$ 300
$ 200
34
1,067
109
4
2
3
1
4
1
1
$ 2,074
$ 48,015
$ 6,649
$ 8,000
$ 2,500
$ 7,500
$ 2,200
$ 6,400
$ 300
$ 200
Total Schedule C $ 96,388 $ 83,838
Prepared: October 22, 2002
Rev.: October 30, 2002
Rev.: Jan. 16,2006 By: Helming Engineering, Inc.Page 1 of 2
EXHIBIT "C"
"SCOPE OF REIMBURSEABLE WORK AND COST SUMMARY"
RANCHO SANTA FE ROAD, PHASE 1 - POR. N. OF HCP & WILDLIFE CROSSING
(w/BID UNIT PRICES AND FINAL QUANTITIES)
Item No.Description Qty U nit Unit Price I Total
Reimbursable
RECM
Qty Total
SCHEDULE E: SEWER IMPROVEMENTS (VWD Service Area)
E-1
E-2
CO#12
Concrete Sewer 5' x 3' manhole 5 E
8" PVC, SDR 35 Gravity Sewer 1 , 1 64 LI
Total Schedule E
Add 8" Sewer HCP to E/H Street 1 |LS
Total Sewer Improvements
Subtotal Schedules
Contingency 10%
Total Schedules
Inspection & Testing 12%
Contract Administration 2%
Construction Support 5%
TOTAL NORTH OF HCP
A $ 3,500.00 $ 17,500
- $ 25.00 $ 29,100
$ 46,600
$ 23,498.00 | $ 23,498
$ 70,098
$1,828,890
$
$1,828,890
$ 219,467
$ 36,578
$ 91,445
$2,176,379
5 $ 17,500
1,164 $ 29,100
$ 46,600
1 | $ 23,498
$ 70,098
$ 272,105
$
$272,105
$ 32,653
$ 5,442
$ 13,605
$ 323,805
NOTES
1 Schedules and Item No.'s refer to Bid Schedules for Rancho Santa Fe Road, Phase 1, Project No. 3190-1
2 Unit Costs to be opdated 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
C0#15
(Wildlife Crossing | 1 | EA
Subtotal Wildlife Crossing
| Modify Top of Wildlife Skylight | 1 |LS
Total Wildlife Crossing
Inspection & Testing 12%
Contract Administration 2%
Construction Support 5%
WILDLIFE CROSSING TOTAL
$ 376,000.00 | $ 376,000 | | 1
$ 376,000
$ 1,319.07 | $ 1,319 | | 1
$377,319
$ 45,278
$ 7,546
$ 18,866
$ 449,010
$ 376,000
$ 376,000
$ 1,319
$377,319
$ 45,278
$ 7,546
$ 18,866
$ 449,010
Prepared: October 22, 2002
Rev.: October 30, 2002
Rev.: Jan. 16, 2006 By: Helming Engineering, Inc.Page 2 of 2
EXHIBIT "D"
"SCOPE OF REIMBURSABLE WORK AND COST SUMMARY"
RANCHO SANTA FE ROAD NORTH, PHASE 2
CITY/RECM (w/BID UNIT PRICES)
Item No.Description Qty Unit Unit Price Total
Reimbursable
RECM
Qty Total
SCHEDULE A: STREET IMPROVEMENTS & GRADING
A-13
A-14
A -28
A -27
A -27
A -28
A -28
A -44
A -78
A -82
A -89
A -91
A -90
A -20
Crushed Aggregate Base (18" Thick)
Asphalt Concrete (6" Thick)
19' TypeB-1 Curb Inlet
7' Type B-1 Curb Inlet
13' Type B-1 Curb Inlet
20' Type B-1 Curb Inlet
30' Type B-1 Curb Inlet
36" RCP STORM DRAIN (1350-D)
4" - 6" PVC Irrigation Sleeve
Joint Utility Trench
6" Type G C & G per SDRSD G-2
4" PCC Sidewalk
Stamped Concrete - Median
PCC Paving (8") Bus Stops
Subgrade prep
15,300
13,310
1.00
1.00
1.00
1.00
1.00
85.00
546
-
7,705
23,150
21,570
4
500,000
CY
TON
EA
EA
EA
EA
EA
LF
LF
LF
LF
SF
SF
EA
SF-IN
$ 22.00
$ 43.00
$ 6,400.00
$ 4,900.00
$ 4,900.00
$ 6,400.00
$ 6,400.00
$ 120.00
$ 11.00
$ 24.00
$ 17.00
$ 3.00
$ 5.00
$ 8,900.00
$ 0.20
$ 336,600
$ 572,330
$ 6,400
$ 4,900
$ 4,900
$ 6,400
$ 6,400
$ 10,200
$ 6,006
$
$ 130,985
$ 69,450
$ 107,850
$ 35,600
$ 100,000
3,285
1,810
1
1
1
1
1
16
546
-
3,262
2,220
6,520
2
57,931
$ 72,271
$ 77,845
$ 6,400
$ 4,900
$ 4,900
$ 6,400
$ 6,400
$ 1,920
$ 6,006
$
$ 55,449
$ 6,660
$ 32,602
$ 17,800
$ 11,586
Total Schedule A $ 1,398,021 $ 311,140
SCHEDULE C: POTABLE WATER IMPROVEMENTS (VWD Service Area)
C-11
C-31
C-28
12" Potable Water DIP Class 250
12" Resilient Wedge Gate Valve per VWD
Standard Drawing No. W-14 & W-16
2" B low-Off Assembly per VWD Standard
Drawing No. W-1
945
5
11
LF
EA
EA
$ 45.00
$ 2,000.00
$ 1,800.00
$ 42,525
$ 10,000
$ 19,800
660
2
2
$ 29,700
$ 4,000
$ 3,600
Total Schedule B $ 72,325 $ 37,300
SCHEDULE D: RECYCLED WATER IMPROVEMENTS
LF
EA
$
$
-
-
$
$
Total Schedule D $ - $
SCHEDULE D: SEWER IMPROVEMENTS (VWD Service Area)
E-1
E-7
8" PVC, C-900 Gravity Sewer
Concrete Sewer 5' manhole
1425
9
LF
EA
$ 35.00
$ 4,300.00
$ 49,875
$ 38,700
1,425
5
$ 49,860
$ 21,500
Total Schedule E $ 88,575 $ 71,360
Subtotal Schedules
Contingency 10%
Total Schedules
Inspection & Testing 12%
Contract Administration 2%
Construction Support 5%
TOTAL
$ 1,558,921
$ 155,892
$1,714,813
$ 205,778
$ 34,296
$ 85,741
$ 2,040,628
$ 419,799
$
$419,799
$ 50,376
$ 8,396
$ 20,990
$ 499,561
NOTES:
1 Schedules and Item No.'s refer to Bid Schedules for Rancho Santa Fe Road, Phase 2, Project No. 3907-1
Prepared: May 12, 2003
Revised w/ Bid Unit prices June 23, 2004 By: Helming Engineering, Inc.Page 1 of 1
Exhibit "E"
"Scope of HCP Frontage Reimbursable Work and Cost Summary"
RANCHO SANTA FE ROAD NORTH - HCP
WORK BY RECM
(Bid Unit prices and Final Quantities)
Item No. | Description Qty | Unit Unit Price Total
Water Improvements
1 |1 1/2" Irrigation Meter 2 Ea $ 17,098.00 $ 34,196.00
Total Water Improvements $ 34,196.00
Street Improvements
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Pavement Removal (Old RSF)
JUT; Elec. Facilities Benefiting City
Electric Extension Deposit
Electric Meter Pedestal; Irr. Controllers
Street Lights
Street Light Conduit
4" PVC Irrigation Sleeve
2" PVC Electrical Sleeve
Grade For Median Concrete
6" Class 2 Base For Median Conctrete
Median Concrete
Grade For Sidewalk; 5' Sidewalk
Sidewalk
Median Landscape; Irrigation
Median Landscape; Planting
Parkway Landscape; Irrigation
Parkway Landscape; Planting
55,250
1,540
1
2
5
1,750
400
400
7,348
7,348
7,348
21,625
21,625
25,564
25,564
17,760
17,760
SF
LF
LS
LS
EA
LF
LF
LF
SF
SF
SF
SF
SF
SF
SF
SF
SF
$ 1.00
$ 5.60
$ 2,000.00
$ 3,000.00
$ 2,900.00
$ 2.00
$ 15.00
$ 12.00
$ 0.87
$ 0.85
$ 4.50
$ 0.55
$ 2.02
$ 1.60
$ 2.05
$ 2.30
$ 2.93
$ 55,250.00
$ 8,624.00
$ 2,000.00
$ 6,000.00
$ 14,500.00
$ 3,500.00
$ 6,000.00
$ 4,800.00
$ 6,392.76
$ 6,245.80
$ 33,066.00
$ 11,893.75
$ 43,682.50
$ 40,902.40
$ 52,406.20
$ 40,848.00
$ 52,036.80
Total Street Improvements $ 388,148.21
Subtotal Improvements
Inspection 12.00%
Contract Administration 2.00%
Construction Support 5.00%
Subtotal Soft Cost
Total Improvements Constructed By RECM Through The HCP
$ 422,344.21
$ 50,681.31
$ 8,446.88
$ 21,117.21
$ 80,245.40
$ 502,589.61
NOTES:
1 Joint Utility Item 3: City pay 10% of RECM cost for City benefitted facilities.
2 Electric Extension Deposit Item 4 City pay 5% of RECM cost.
Rev.: Jan.16, 2006 by: Helming Engineering, Inc. By: RECM Page 1 of 1
• }1
EXHIBIT "F"
RANCHO SANTA FE ROAD NORTH, PHASES 1 2
REIMBURSEMENT AGREEMENT BETWEEN CITY & RECM
SUMMARY OF REIMBURSEMENT AGREEMENT COSTS
Component Exhibit Estimated Cost Final Cost
RSF Phase 1 - Southerly of HOP Exhibit "B" $ 368,424.00
RSF Phase 1 - Northerly of HCP Exhibit "C" $323,805.00
Final Cost Phase 1 w/o Wildlife Crosing $ 692,229.00
RSF Phase 2 Exhibit "D" $ 499,561.00
Cost Phase 1 (Final) & Phase 2 (Est.) w/o Wildlife Crossing $ 1,191,790.00
Deposit by Developer for Phase 1 $ 365,446.00
HCP Frontage Improvements Exhibit "E" $ 502,589.61
Total Cost by Developer $ 868,035.61
Deposit by RECM Due Prior to Approval of Final Map for La Costa Oaks North $ 323,754.39
Wildlife Crossing Exhibit "C" $449,010.00
Page 1 of 1
Prepared: Jan. 17, 2006 by: Helming Engineering, Inc.