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HomeMy WebLinkAbout1996-04-09; Municipal Water District; 314; Reimbursement - Poinsettia Park Offsite Sewerc 2 + *i . . , L D 9 0 2 % . . p 2 is 3 AB# c= q 31 TITLE: APPROVAL OF REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF MTG. J!j --q--y-f POINSETI-IA PARK OFFSITE SEWER DEPT. CMWD CMWD PROJECT NO. 94403 CITY PROJECT NO. 3348 RECOMMENDED ACTION: CARLSBHO MtiNICIPAL WATER DISTRICT - AGEN CITY Al-W. CITY MGR. Adopt Resolution No. 9-30 approving a Reimbursement Agreement between Carlsbad Municipal Water District and Greystone Homes, Inc., McReynolds Family Trust, MSP California LLC, and Sambi-Seaside Heights LLC for the construction of the Poinsettia Park Offsite Sewer. ITEM EXPLANATION: The Poinsettia Park Offsite Sewer extends southerly from an existing trunk sewer, located near Palomar Airport Road, to the Poinsettia Community Park now under construction. This is an 8-inch diameter gravity sewer pipeline designed to provide sewer service to five development projects including Poinsettia Community Park, Costa Do Sol, Seaside Heights, Mar Vista, and Emerald Ridge West. The Poinsettia Community Park and Costa Do Sol are now under construction. A grading permit was issued for Seaside Heights. Seaside Heights, Mar Vista, and Emerald Ridge West are in various stages of approval through the City Planning process. The gravity sewer pipeline has four main advantages. First, it replaces three sewage lift stations proposed for these developments. Second, it lowers the cost of providing sewer service to these developments by each property owner sharing in the cost of constructing one project in place of three separate sewer projects. For the City of Carlsbad, the savings in capital cost for the Poinsettia Community Park is $50,000 by eliminating a proposed sewage lift station and forcemain. For two of the development projects the cost savings is approximately $100,000 each. Third, the gravity sewer eliminates the ongoing expense of operating and maintaining these sewage lift stations. Fourth, elimination of the sewage lift stations reduces environmental concerns, from potential accidental sewage spills. Through a cooperative arrangement with the property owners, the Poinsettia Park Offsite Sewer has been designed to follow the alignment of future roads within the Mar Vista and Emerald Ridge West projects. The project schedule calls for completion of construction by July 1, 1996. To expedite the project schedule, it is proposed to construct the project by change order with L.R. Hubbard Construction Company which is presently constructing the Poinsettia Community Park. A change order cost has been negotiated in the amount of $342,535. The total cost for the project is estimated at $415,000 as shown below: Construction: $342,535.00 Design Engineering and Geotechnical Investigations: 30,800.OO Boundary Survey and Mar Vista Land Lease: 3,200.OO Construction Survey Staking: 2,350.OO inspection, Contract Administration, Soil Testing: 21 ,I 15.00 Subtotal: $400,000.00 Contingencies: 15,ooo.oo Total Estimated Project Cost $415,000.00 2 * w , x Page 2 of Agenda Bill NO. - 9fj A reimbursement agreement for the cost of this project has been prepared. The agreement stipulates that each party to the agreement will contribute the following cost amounts: City of Carlsbad (for Poinsettia Community Park) Sam bi Seaside Heights Greystone Homes, Inc. McReynolds Family Trust MSP California LLC Sub-Total Contingency (CMWD) $ 15,OOO.OO (Lump Sum Contribution) 36,350.OO (Lump Sum Contribution) 128,106.OO (Maximum Contribution) 111,971 .OO (Maximum Contribution) 108573.00 (Maximum Contribution) $400,000.00 15.000.00 (Maximum Contribution) Total $415,000.00 The agreement also includes an additional cost in the amount of $8650 from Sambi Seaside Heights to extend the sewer to their property based on a change order submitted by L.R. Hubbard. The agreement stipulates that the total project cost for reimbursement to the District shall not exceed $400,000. The District shall pay for the project cost overrun above $400,000 resulting from construction changes. The reimbursement by each party shall be made to the District upon issuance of any grading permit for any phase of the land development project proposed for each affected property. However, no payment is required prior to January 1, 1997. The District shall receive interest on the funds unpaid at the rate of 8 percent per annum, simple interest, beginning January 1, 1997, until final payment is made. FISCAL IMPACT: The District will provide funding for this project from its Sewer Capital Replacement Fund in the amount of $415,000. This cost amount provides for the project cost of $400,000 plus a contingency of $15,000. The District will be reimbursed up to $400,000 by the parties’ signatory to the reimbursement agreement. ENVIRONMENTAL: The City Planning Department issued a negative declaration for the project on November 1, 1995, and a Coastal Commission Permit was issued on December 14, 1995. California Fish and Game did not require any permit. All permanent and construction easements have been obtained. EXHIBITS: 1. Reimbursement Agreement 2. Resolution No.73 0 approving a Reimbursement Agreement for the Construction of Poinsettia Park Offsite Sewer, CMWD Project No. 94-403 d June 5,1996 TO: KAREN KUNDTZ, DEPUTY CITY CLERK FROM: Bill Plummer, District Engineer AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF POINSETTIA PARK OFFSITE SEWER, CMWD PROJECT NO. 94-403 Attached is the original, fully executed, recorded subject document for your records. A copy has been sent to each of the signatories, and one copy will remain on file in the District’s Poinsettia Park Offsite Sewer Project File No. 94-403. If you have any comments or require any further information, please give me a call at ext. 126. Thank you, District Engineer WEP:sjs attachment CMWD 94-403 ‘: I c * **,.‘,: * ~ ’ \ ’ RECQROING REQUESTED BY 1141 DOC II 1996-0254982 m-IWY-1896 02=44 Pll Carlsbad Municipal Water District OFFICIAL RECORDS AND WHEN RECORDED, PLEASE MAIL TO: SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY SMTH , ;$TY RECORDER : 0.00 Carlsbad Municipal Water District Engineering Department ,+ 1’ 5950 El Camino Real Carlsbad, California 92006 r’. ( 1 I Please record the document at no fee as it is to the Space above this line for Recorder’s use A!?%ff84-Of40-48-O0, 211-040-\ 4-06, th District Gov Code [61031 r3 toject No. & Name: CMWD 94-403 212-040-32-00 & 214-140-07-00 POINSETTIA PARK OFFSITE SEWER AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF POINSETTIA PARK OFFSITE SEWER CMWD PROJECT NO. 94-403 THIS AGREEMENT is made and entered into as of the 22nd day of APRIL , 1996, by and and am-xg the CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district (hereinafter referreti to as ‘DISTRICT’) and the following property owners: GREYSTONE HOMES, INC., a Delaware Corporation, owner of real property encumbered by the Agreement, which real property is known as “COSTA DC SOL” ( hereinafter referred to as ‘Greystone Homes Inc./Costa do Sol”); MC REYNOLDS FAMILY TRUST, a private property owner, owner of real property encumbered by this Agreement, which real property is known as “MAR VISTA’ (hereinafter referred to as ‘MC Reynolds Family TrustIMar Vista?; MSP CAUFORNIA LLC, a Colorado limited liability company, Owner of real property encumbered by this Agreement, which real property is known as “EMERALD RIDGE WEST (hereinafter referred to as MSP California, LLC/Emerald Ridge West”); and SAMBI-SEASIDE HEIGHTS LLC, a California limited liability company, owner of real property encumbered by this Agreement, which real property is known as “SEASIDE HEIGHTS” (hereinafter referred to as “Sambi-Seaside Heights). The aforementioned real property owners are also hereinafter referred to as ‘Property Owners’. 01/30/96 Rev. - . 1 c . . , I ,lI , 1142 1 %lSP California UC is also the owner of real property referred to herein as ‘Emerald Ridge Easr, which real property is not encumbered by the reimbursement cost obligation defined jn this Agreement. RECITALS WHEREAS, Property Owners are legal owners of certain real property located within the City of Carlsbad, California, herein described as: Assessors Parcel Map Nos. 21 l-646-14-00,21 4-146-46-60,212-04032-00, and 214-140-07-06 recorded in the office of the San Diego County Recorder; as shown on a map referred to as Exhibit A and the legal descriptions for each property as set forth in Exhibit B, attached hereto and made a part of this Agreement; and WHEREAS, District has completed the preliminary design report for the Poinsettia Park Offsite Sewer describing the recommended alignment, pipe size and construction cost estimate in a report titled ‘Poinsettia Park Sewer, CMWD Project No. 94-403, Recommended Alignment Repoti, prepared by Daniel Boyle Engineering, Inc., dated April 281995; WHEREAS, an environmental study on the recommended sewer alignment was prepared stating that no sensitive plant species were observed within the proposed sewer alignment, and the sewer alignment represents the least biologically damaging alternative, since no habitat and no sensitive species would be impacted, which information is contained in a report titled, ‘Results of Updated Biology Surveys and Coastal California Gnatcatcher Surveys for the McReynolds Property in Carlsbad.’ prepared by RECON dated June 20,1995; and WHEREAS, the Cii of Carlsbad will utilize the ‘Poinsettia Park mite Sewer’ as an alternative sewer pipeline to the sewer facilities originally designed for the -Poinsettia Community Pan?; and WHEREAS, the Cii of Carlsbad received bids for construction of the ‘Poinsettia Community Park,’ awarded a L construction contract to L R. Hubbard Construction Company on September 19,1995, and a decision was made by the District on September 27, 1995, to construct the ‘deep sewer’ alternative across the Poinsettia Community Park property; WHEREAS, the sewer in the Poinsettia Communhy Park was extended to the Sambi-Seaside Heights UC property by Change Order No. 7 with LR. Hubbard Construction Company in the amount of $8,650.06 in January 1996 for the purpose of providing sewer service to Sambi-Seaside Heights UC; and 2 01/30/96 Rev. - 1 , * . ) -_ ‘243 WHEREAS, the Property Owners could utilize the “Poinsettia Park Offsite Sewer” to provide sewer service to their properties; and WHEREAS, on December 14, 1995, the California Coastal Commission held a public hearing and approved a permit for construction of the Poinsettia Park Offsite Sewer, Application No. 6-95-141; and WHEREAS, Property Owners are currently in the process of planning and otherwise developing certain subdivision improvements to said Property Owners respective real property adjacent to the City of Carlsbad’s Poinsettia Community Park property; and WHEREAS, one or more of the Property Owners may elect, in their sole discretion, to cause certain storm drain improvements to be constructed at their expense concurrent with the Poinsettia Park Offsite Sewer; and WHEREAS, Property Owners and District find it in their mutual interest to proceed with the final design and construction of the Poinsettia Park Offsite Sewer to provide sewer service to their respective land development projects. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, District and Property Owners hereby agree as follows: 1. OBLIGATIONS OF DISTRICT A. District has secured, or shall cause to be secured, at its sole expense, all government agency permits, approvals, licenses, agreements, and other necessary permission to construct said Poinsettia Park Offsite Sewer. In addition, District shall, at its sole expense, prepare all legal documents and provide all coordination, contract administration, management, and legal services necessary to complete this Agreement, to acquire all easements for the Poinsettia Park Offsite Sewer, and to ensure completion of the design and construction of the sewer improvements in a timely, cost effective, and workmanlike manner. B. District shall prepare final design, plans and specifications for the Poinsettia Park Offsite Sewer through a design contract with Daniel Boyle Engineering, Inc. for an amount not to exceed $25,960, Geotechnical Investigations for design and bidding purposes with Leighton and Associates for an amount not to exceed $5,000, and a Boundary Survey of the east and south property lines of the MC Reynolds Family Trust/Mar Vista project for design and construction purposes with Edward Bohrer, Inc. for an amount not to exceed $1,200. C. The plans shall be prepared to show both a “standard depth” sewer necessary to provide sewer service 3 01/30/96 Rev. 4 \ I . 1144 -- . to MC Reynolds Family Trust/Mar Vista and MSP California LLC/Emerald Ridge West and a “deep sewer’ necessary to provide sewer service to all other properties in this Agreement. The bidding sheets shall be prepared to develop a bid cost for both a “standard depth” sewer and a “deep sewer”. The difference in cost between a “deep sewer” and a ‘standard depth” sewer shall be based on contractor bid prices for construction of both projects. D. District shall competitively bid as a District public works project the construction of Poinsettia Park Offsite Sewer or have the option to negotiate a change order with L. R. Hubbard Construction Company and shall strive to minimize costs for said construction and administration. The District’s tentative schedule is to complete all construction work from manhole no. 1 to manhole no. 9 as shown on Exhibit “A” by May 1, 1996. E. As a result of loss of agricultural lease revenue, MC Reynolds Family Trust/Mar Vista shall be paid by the District by no later than June 30, 1996, for the loss of potential lease of property an amount not to exceed $2,000, and the District shall be reimbursed for this cost as part of the miscellaneous expenses described in Section 3, paragraph C.4. of this agreement. F. All soil within the excavated width of the pipeline trench from manhole no. 3 to manhole no. 9 will be removed, stockpiled and then placed and compacted back into its excavated location. Soil compaction shall be no less than QO%, and soil compaction test results taken during construction shall be submitted to MC Reynolds Family Trust/Mar Vista. All active irrigation piping interfering with the trench excavation shall be protected in place or will be repaired or replaced. G. District shall keep an accounting of all costs related to the construction, inspection, and administration of the improvements to Poinsettia Park Offsite Sewer. Within sixty (60) calendar days following the filing of a Notice of Completion, District shall prepare and deliver to Property Owners a complete and detailed accounting of all costs related to the Poinsettia Park Offsite Sewer construction project. H. District shall assist and cooperate with MC Reynold’s Family Trust/Mar Vista for the inclusion of the Mar Vista off-site storm drain as part of the construction for the Poinsettia Park Cffsite Sewer. District’s cooperation shall include, but is not limited to, making provisions on all easements, plans, drawings, permits, and related studies and approvals of the Poinsettia Park Offsite Sewer to accommodate the Mar Vista storm drain system, whether it is constructed concurrent with or after the Poinsettia Park Offsite Sewer. MC Reynolds Family Trust/Mar Vista is responsible for the 4 01/30/96 Rev. - 1145 design, preparation of plans and specifications, and full cost of construction, inspection, surveying and permitting of the storm drain without causing delay to the schedule for Poinsettia Park Offsite Sewer. This storm drain is shown on Exhibit Y ” A. I. If sewer service is needed by the Property Owners prior to completion and acceptance of the Poinsettia Park Offsite Sewer, then the District shall pump the sewage from the existing downstream manhole within Poinsettia Community Park to a tank truck for disposal at an approved location on an interim basis to provide the sewer service. 2. OBLIGATIONS OF PROPERTY OWNERS Property Owners shall reimburse District for the costs of the design contract with Daniel Boyle Engineering, Inc. in an amount not to exceed $25,960, the Geotechnical Investigations by Leighton and Associates in an amount not to exceed $5,000, the Boundary Survey by Edward E. Bohrer, Inc. in an amount not to exceed $1,200, the construction cost, including contract administration, inspection, surveying, and soil testing during construction of the Poinsettia Park Offsite Sewer in accordance with Section 3, Reimbursement of Costs, of this Agreement as well as any loss of lease income incurred by MC Reynolds Family Trust/Mar Vista as described in Section l., paragraph D., not to exceed $2,000. In addition, in the event MC Reynolds Family Trust/Mar Vista elects, in its sole discretion, to construct a storm drain system concurrent with the construction of the Poinsettia Park Offsite Sewer, then MC Reynolds Family Trust/Mar Vista shall provide all funding for its offsite storm drain prior to the date of contract award of the Poinsettia Park Offsite Sewer. Property Owners shall also grant all necessary rights of way for construction, operation, and maintenance of the Poinsettia Park Offsite Sewer at no cost to the District. The necessary permanent right of olvay for operation and maintenance of the sewer is to be an easement 15-feet in width centered on the pipeline alignment. The necessary temporary construction right of way shall vary, but not exceed 220-feet in width as shown on Exhibit @“. All other costs shall be paid by the District. 3. REIMBURSEMENT OF COSTS A. Property Owners shall reimburse District for all costs incurred by District as described in Item 2 above. For budgeting purposes of this Agreement, the estimated cost of the Poinsettia Park Offsite Sewer is as follows: 5 01/30/96 Rev. L % . . , -.d . . ,c ’ . - 1146 TABLE 1 PROJECT COST FOR POINSETTIA PARK OFFSITE SEWER ITEM DESCRIPTION TOTAL COST 1) Construction 2) Design Engineering and Geotechnical Investigations: 3) Boundary Survey: 4) MC Reynolds Family Trust/Mar Vista Land Lease: 5) Inspection, Contract Administration, Surveying, Testing Services: 6) Change Orders: 7) Total Estimated Cost $300,000 $30,960 $1,200 $2,000 $20,000 $15,000 $369,160 The costs identified above are to be considered as estimates only. Property Owners hereby acknowledge that the actual cost may exceed the estimated cost as stated above and hereby agree to pay their share of the actual and final cost of improvements; but in no event shall the total contribution of Property Owners exceed $400,000, in which case the District shall be responsible for any excess cost without obtaining prior written approval of all parties to this Agreement. B. Property Owners shall reimburse District based upon finfl, actual costs incurred by District for the design, geotechnical investigations, boundary survey, soil testing, pipeline surveying, inspection and construction of Poinsettia Park Offsite Sewer and the construction cost to extend the sewer to Sambi-Seaside Heights LLC. Actual construction costs shall be determined by using unit bid prices for the number of units constructed. C. The Property Owners shall be obligated for their proportionate cost share of the cost of the Poinsettia Park Offsite Sewer. The proportionate cost share for each property owner identified on Page 1, Paragraph 1 of this Agreement shall be based on the following criteria: 1. Sambi Seaside Heights LLC contribution shall be a lump sum of $45,000 which is the approximate 6 01/30/96 Rev. 1 . . /. L’ ‘ * . L 1147 -. -4 . .’ ’ . . cost for constructing an alternate sewer in Hidden Valley Road (said approximate cost is evidenced by their engineer’s cost estimate which has been approved as to adequacy by the District and is attached hereto as Exhibit D.) Said lump sum amount shall apply toward the cost to construct the “standard depth” sewer after deducting $8,650.00 for the actual cost of extending the sewer to their property. 2. / After crediting Sambi Seaside Heights LLC lump sum contribution, MC Reynolds Family Trust/Mar Vista and MSP California LLC/Emerald Ridge West shall pay their proportionate share of the balance of the cost for construction of a “standard depth” sewer. Their proportionate share shall be based on a ratio of single family residential units approved for development on their respective property as presented in the table in Section 3., Paragraph C.5. In addition, MC Reynolds Family Trust/Mar Vista shall be responsible for the cost of sewer laterals necessary to provide sewer service to each developed lot on their property provided the unit cost bid for each lateral does not exceed $800. In the event the unit cost for each lateral exceeds $800, Greystone Homes Inc./Costa Do Sol will pay for the additional cost for each sewer lateral. The engineering design of the sewer laterals shall be coordinated with the MC Reynolds Family Trust/Mar Vista engineer, and the design of the sewer laterals shall be subject to the sole approval of MC Reynolds Family Trust/Mar Vista and their engineer. A letter shall be submitted by MC Reynolds Family Trust/Mar Vista to the District indicating their approval prior to receiving bids for construction. 3. Greystone Homes, Inc./Costa Do Sol shall be responsible for the additional cost to construct a “deep sewer” as compared to the “standard depth * sewer from manhole no. 3 to manhole no. 9. In addition, they shall pay one third of the cost of constructing the sewer from manhole no. 1 to manhole no. 3, but in no event shall their cost for this reach of the sewer exceed $10,000. If their cost does exceed $10,000, the additional cost shall be paid for by McReynolds Family Trust/Mar Vista and MSP California LLC/Emerald Ridge West prorated to each property based on the ratio of single family residential units approved for development on their respective properties. 4. The City of Carlsbad shall contribute a lump sum of $15,000 which will be applied toward the design engineering costs. 5. Other than Sambi Seaside Heights LLC, all costs for design engineering, geotechnical investigations during design, the boundary survey, loss of agricultural lease, inspection, surveying and soils testing during construction shall be prorated to each property owner based on the ratio of single family residential units proposed for development 7 01/30/96 Rev. ..a L . I . - +’ . . ’ L 1148 and planned to connect to the Poinsettia Park Offsite Sewer. This ratio is shown below: PROPERTY OWNER SINGLE FAMILY RESIDENTIAL UNIT PRORATED PERCENT SHARE MC Reynolds Family Trust/Mar Vista 49 27.37% Greystone Homes, Inc./Costa Do Sol 69 38.55% MSP California LLC/Emerald Ridge West 61 34.08% 179 100% 6. If any other property, not contained in this Agreement, is provided sewer service from the Poinsettia Park Offsite Sewer, they shall contribute a lump sum amount equal to their proportionate share cost of the “deep” sewer. The District shall make the sole determination on the lump sum amount. The lump sum contribution shall be credited to the Property Owners based on a ratio of the proportionate cost share calculated in Section 3, Paragraph C. 4. of Agreement. D. Property Owners shall be notified by the District of the final costs for the improvements to Poinsettia Park Offsite Sewer based upon the final project accounting as described in Section 1, Paragraph D, of Agreement. The reimbursement from each Property Owner to District shall include interest at the rate of eight percent (8%) per annum, simple interest, accrued until paid in full. Interest shall be calculated from the date of acceptance of the fully constructed and operational Poinsettia Park Offsite Sewer by the Board of Directors for the District, but no sooner than January 1,1997, to the date each Property Owner makes final payment of amounts due District under this Agreement. It is the intent of this 1 Agreement that the proportionate cost share amount due from each Property Owner shall be paid at the time a grading permit is issued for any phase of development of the Property Owner’s property, but in no event sooner than issuance of the Notice of Completion for the project by the District or January 1, 1997, whichever comes last. E. Any payments due District under this Agreement shall be evidenced by a non-recourse lien secured against the respective properties described on Page 1 hereof. Said non-recourse lien shall become effective upon recordation of this fully executed agreement. In the event of default in the payment of the amounts due under this Agreement, District’s sole recourse and source of recovery shall be the defaulting Property Owner’s real property, not the Property Owner or 8 01/30/96 Rev. c’ ” - . ,\ ‘. 1149 the Property Owner’s other assets. District shall provide a written 30-day notice to cure default prior to initiating any other action against the party which District deems is in default. Should District be required to take action to cure a non-payment default, then District shall be entitled to its reasonable costs and attorneys fees incurred in the collection of amounts due under said default. I F. Upon recordation of this agreement by District, a notice shall be attached hereto requesting the escrow officer or other transaction handling party to notify the District of the transfer of ownership of any of the properties subject to this Agreement at the time of the close of escrow of any such ownership transfer. Failure by said escrow company or transaction handling party to send such notification, shall not constitute a default or breach under this Agreement. The obligations and/or lien created by this Agreement shall be fully satisfied and released upon the occurrence of any one of the following: 1. Payment to District of the total amount, or applicable proportionate share thereof, due under the applicable provisions of Section 3, Paragraphs A, B, C, D of this Agreement. 2. Posting of a bond acceptable to District guaranteeing the performance of the obligations as stated within this Agreement by Property Owner, its heirs, successor, or Transferee. District shall provide and record a release of the lien secured against the Property upon satisfaction in full of the obligation of said Property under this Agreement. 4. HOLD HARMLESS AGREEMENT: PROPERTY OWNERS Property Owners, their officers and employees, shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatsoever, nor to{ personal injuries or death caused by, or resulting from errors or omissions of District or District’s agents, employees, or representatives in connection with the construction of the Poinsettia Park Offsite Sewer. District agrees to defend, indemnify, and hold free and harmless the Property Owners and their officers and employees from any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and for any cost, expense or attorney’s fees which are incurred by Property owners on account of any of the foregoing. 5. CONFORMITY TO LEGAL REQUIREMENTS District shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state, 9 01/30/96 Rev. 1150 and local. District shall provide all necessary supporting documents to be filed with any agencies whose approval is necessary for the Poinsettia Park Offsite Sewer. District shall provide copies of the approved plans, specifications, contract documents, and all other project related reports and studies to any other agencies as required, and to any requesting Property Owner, at no cost to said Property Owner. In addition, District specifically warrants that the sewer system as designed and constructed on the Mar Vista property shall be acceptable to the District as adequate to serve the lots assumed as of the date of the signed plans on said property to which sewer laterals have been constructed without requirement for further design or approvals. 6. OWNERSHIP OF DOCUMENTS Prints of the final construction plans prepared by Daniel Boyle Engineering, Inc. will be furnished to Property Owners for their reference. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of District, whether the work for which they are made is executed or not. District shall provide to the Owner of the Mar Vista and Emerald Ridge West properties, at no cost to said Property Owner, a reproducible copy of the “as-built” plans and all accompanying geotechnical reports, surveys, soil tests and specifications affecting the Mar Vista and Emerald Ridge West properties. In the event this Agreement is terminated, all documents, plans, specifications, drawings, reports, and studies shall be considered the property of District, but may be used by the Property Owners in conjunction with the development of Property Owner’s property but without any representation or warranty as to their intended purpose. 7. COVENANTS AND OBLIGATIONS TO RUN WITH LAND Following execution of this Agreement by Property Owners and District, District shall record or cause to be recorded this agreement with the Office of the County Recorder, County of San Diego, State of California, into the title of the property as described on Page 1 of this Agreement. Covenants and obligations of Property Owner created by this Agreement and as stated herein shall run with the property and become the covenants and obligations of any and all subsequent owners of interest of said property until the obligations created by this Agreement have been paid in full. 8. PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of the District to negotiate, make, accept, approve, or take part in negotiating, making, accepting, or approving this Agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the District who is authorized in such 10 01/30/96 Rev. 1151 capacity and on behalf of the District to exercise any executive, supervisory, or similar functions in connection with the performance of this Agreement shall become directly or indirectly interested personally in this Agreement or any part thereof. 9. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of District either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein. 10. PROPERTY OWNER’S RIGHT TO WITHDRAW The agreement by Property Owners to participate in Agreement is predicated on the assumption that the District will complete construction of the Poinsettia Park Sewer System, as described herein, so as to provide sewer service to the Property Owners prior to the time that said Property Owners would construct an alternative sewer on their own. Therefore, notwithstanding, the other terms of this Agreement, in the event District fails, for any reason within its control, and not the fault of the District such as Acts of God or a third party out of its control, to substantially complete the Poinsettia Park Sewer System to a standard that properly serves the participating properties by July 1, 1996, then each Property Owner shall have the option to terminate its obligation under this Agreement by providing 30 days written notice to District. 11. AMENDMENT TO HIDDEN VALLEY ROAD REIMBURSEMENT AGREEMENT Execution of this Agreement by MC Reynolds/Mar Vista, MSP California LLC/Emerald Ridge, and Sambi-Seaside Heights LLC shall also serve to modify and amend that certain Hidden Valley Road Reimbursement Agreement executed by said parties and dated September 13,1995. Specifically, said Hidden Valley Road Reimbursement Agreement is hereby modified and amended as follows: 4 b) The Sewer Improvements for Hidden Valley Road shall be reduced to a smaller facility which is designed to serve the Emerald Ridge East property only; and The MC Reynolds Family Trust/Mar Vista, MSP California LLC/Emerald Ridge West and the Sambi-Seaside Heights LLC properties shall not be obligated to reimburse or otherwise share in the cost of the redesigned Hidden Valley Road Sewer Improvement which shall serve the Emerald Ridge East property only. The Emerald Ridge East property shall be responsible to reimburse the costs of the redesigned sewer improvement which serves Emerald Ridge East only. 11 01/30/96 Rev. . * f . . . . .. . . . \ 1152 Nothing contained herein shall relieve Sambi-Seaside Heights LLC, as the developer actually constructing the Hidden Valley Road Improvements, from its obligation to complete construction of the redesigned Hidden Valley Road Sewer Improvements. Within thirty (30) days of final execution of this Poinsettia Park Offsite Sewer Reimbursement Agreement, the aforementioned parties shall execute any requisite separate Hidden Valley Road Reimbursement Agreement . - Amendment, which Amendment shall be consistent with the foregoing terms. 12. THIRTY (30) DAY NOTICE OF DEFAULT AND CURE PROVISION In the event of default by any party to this agreement, District shall provide said defaulting party with a written 30 day notice to cure said default prior to initiating any action against said defaulting party. Ill IfI Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill If/ Ill Ill Ill 12 01/30/96 Rev. . . -. . . -. . .’ “Z 1153 . . .., 11. EFFECTIVE DATE This Agreement shall be effective on and from the date on Page 1 of this Agreement. Executed by Property Owner this ‘i, day of \f Executed by District the la$ay of I GREYSTONE HOMES, INC., a Delaware Corporation (sign here) P%l Wct& ,\l)i*.jip~5id& (print name here) Date: ADri.1 12, 1996 Cr 4 edlh7f2 t-h--+3 .%c I ” (title and organization of signatory) ATTEST: Date: Sv: (sign here) ALETHA L FWTENi&NZ Secretary (print name here) (title and organization of signatory) Date: (Proper notarial acknowledge of execution by Property Owner must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) . . . . . . . . . . . . 13 0 l/30/96 Rev. 1154 STATE OF CALIFORNIA \ 1 ss. COUNTY OF i On f+p=, 1 \ I996 before me, 1 I L&L (5cIIL;G$q , /q?ilq fk,,; DATE &ME. TlTLE OF &lCER personally appeared l&J- -& NAME(S) OF SIGNER(S) known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,.executed the instrument. WITNESS my hand and official seal. \ m SIGNATURE OF NOT notary seal.) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION Title or Type of Document OF POINSETTIA PARK OFFSITE SEWER - CMWD PROJECT NO. 94-403 Date of Document No. of Pages Signer(s) other than named above CMWD 94-403 06/l 4195 Rev. ‘. 1 . I . 1155 CERTIFICATE OF SECRETARY OF GREYSTONE HOMES, iNC. I, Robert W. Garcin, Secretary of Greystone Homes, Inc. hereby certify that the following is a true and correct copy of a Resolution duly adopted by the Board of Directors of Greystone Homes, Inc. on June 12, 1995 and that said Resolution is in full force and effect and has not been rescinded or modified: RESOLVED, that Todd Palmaer is hereby elected Inland Empire Division of this Corporation. Dated: June 12, 1995 President of the ; : ,.2 .I’ (y&z **. ,,..;>/; Robert W. Garci!n, Sec&retary of Greystone Homes, Inc. (Corporate Seal) ‘. . :, ( . . L . RESOLVED FURTHER, that the authority herein conferred shall remain in force until revocation thereof by the Board of Directors of this Corqoqtion. Dated: June 12, 1995 Greystone Homes, Inc. 1156 (Corporate Seal) , CERTIFICATE OF SECRETARY OF GREYSTONE HOMES, INC. 1157 I; Robert W. Garcin, Secretary of Greystone Homes, Inc. hereby certify that the following is a true and correct copy of a Resolution duly adopted by the Board of Directors of Greystone Homes, Inc. on June 12, 1995 and that said Resolution is in full force and effect and has not been rescinded or modified: RESOLVED, that Todd Palmaer, President/InlandEmpire Division, acting alone be and is hereby authorized on behalf of this Corporation to enter into contracts for services, purchase materials and supplies, execute applications, governmentandquasi-government permits and licenses, obtain FHA and VA approvals, enter into written contracts with City and County agencies (including school districts) preliminary to or concurrent with the subdivision of real property owned, or under contract to purchase by sale agreement or option, which contracts are a part of said subdivision process, execute documents or instruments burdening this Corporation's real property as a part of the subdivision process, including but not limited to Subdivision Improvement Agreements, easements, rights-of-way, licenses, covenants, conditions and reservations ("CC&R's"), annexation agreements, applications for Department of Reai Estate public reports, title company indemnification agreements relating to Corporation real property, public and quasi- public utility service applications and contracts, temporary entry agreements, contracts for the sale or rentai of this Corporation's residential reai property when such real property is improved with a housing unit and is a part of a residential subdivision which latter authority includes the authority t0 execute escrow instructions, Grant Deeds and other instruments of conveyance, and ail other contracts involving this Corporation's ordinary course of business EXCEPT he shall have no authority to borrow money, purchase real property, sell real property other than as hereinabove permitted or execute surety bonds on behalf of this Corporation. , 1158 I MC REYNOLDS FAMILY TRUST, a private property , owner, CHRISTA M. MC REYNOLDS UNDER AGREEMENT DATED 02/2Q/8Q (sign here) G$ ,,j &c& /Y iw-~ L.q 664) us (print name here) 7GLL.& (title and organization of signatory) Date: 26 ti-LPA& /“rYd (sign here) (print name here) CARLSBAD MUNICIPAL WATER DISTRICT, a municipal on of the State of Ca - PRESIDENT Date: 12. P’iT6 u / ATTEST: ALETHA L RAUTFNKRANZ Secretary (title and organization of signatory) Date: (Proper notarial acknowledge of execution by Property Owner must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. lf only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) . . . . . . . . . . . . . . . . . . . . . 14 01/3O/QS Rev. ‘. . . . . , - STATE OF CALIFORNIA I 1159 ’ I before me, ~lclf\?i\e, \-- Fci i \ i (\\6 , n\amb’ki 3\ dd ir/ DATE .NAME, TITLE OF OFFICER personally appeared ()\(-\ c;, 1, NAME& OF SIGNER(S) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personq whose name@) is/&@ subscribed to the within instrument and acknowledged to me that ?&she/t@& executed the same in f&her/tf&$r authorized capacity(ii, and that by l$&her/tlf$r signature@ on the instrument the person@, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. MKZHEUELFAJWG I (3zmrmm # 1086716 I Notafyfulk--caHfomb - SanDlegacounty My Comn.~ Feb 7.mo (This area for official notary seal.) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION Title or Type of Document OF POINSETTIA PARK OFFSITE SEWER - CMWD PROJECT NO. 94-403 L Date of Document No. of Pages Signer(s) other than named above -3 m( I CMWD 94-403 06/l 4195 Rev. MC REYNOLDS FAMILY TRUST, a private property owner ALAN MC REYNOLDS UNDER AGREEMENT DATED 02/29/89 By: (sign here) (print name here f--&?-i ffyJ.4& 7d (title and organizatioflof signatory) Date: (sign here) -- 1160 Dmclr(nnt PRESIDENT Date: April 12, 1996 ATT EST: R. Rw ALEWA L RAUTENKRANZ Secretary (print name here) (title and organization of signatory) Date: (Proper notarial acknowledge of execution by Property Owner must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. lf only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) < . . . . . . . . . . . . . . . 15 01/30/96 Rev. - 1161 STATE OF CAUFORNIA 1 h On -422 L&/~Y% before me, /&??7ZY J. ,/L.LQVL DATE GTA<Q&~-~c NAME, TlTLE OF OFFICER personally appeared NAME(S)‘OF SIGNER(S) 0 personally known to me - OR-$&p roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he&&fthey executed the same in his/h&their authorized capacityfies), and that by his-r signature&on the instrument the person(s), or the entity upon behalf of which the person&) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notary seal.) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION Title or Type of Document OF POINSETTIA PARK OFFSITE SEWER - CMWD PROJECT NO. 94-403 i Date of Document No. of Pages Signer(s) other than named above CMWD 94-403 06/l 4195 Rev. 4 , _- L .I , . 1162 MSP CALIFORNIA LLC (MSP), a Colorado Company By: L-P \ ‘) (sign here) l2d a- fktiff~ (title ahd drganh!ation of signatory) . - PRESIDENT Date: April 12, 1996 ATTEST: Date: ALETHA L RAUTENKRANZ I W: (sign here) Secretary J (print name here) (title and organization of signatory) (Proper notarial acknowledge of execution by Property Owner must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. lf only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) . . . . . . . . . 16 01/30/96 Rev. 1163 personally appeared ,’ known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bar/their authorized capacity-and that by his/herftheir signature(s) on the instrument the person(s)., or the entity upon behalf of which the personO,acted, executed the instrument. Notary Public - California SAN DIE60 COUNTY (This area for official notary seal.) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION Title or Type of Document OF POINSETTIA PARK OFFSITE SEWER - CMWD PROJECT NO. 94-403 c Date of Document No. of Pages /f Signer(s) other than named above CMWD 94-403 06/l 4195 Rev. ‘ . . . ; ,- ,: . . 1164 MSP CAUFORNIA LLC (MSP), a Colorado Company -(sign here) /i%&./&&id,. // s l (print name here) AJ f$q tx. (title and otianization of signatory) Date: 3- &- $I,& By: (sign here) (print name here) - PRESIDENT Date: 12 ?WC u ATTEST: ALl3l-lA L RAUTENKRANZ Secretary (title and organization of signatory) Date: (Proper notarial acknowledge of execution by Property Owner must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) . . . . . . . . . . . . 17 01/30/96 Rev. L . . . .*, 1, t *, \ . . - ., ;.. : 1165 STATE OF &&w%& I LLn 1 ss. COUNTY OF UZLJ ’ J before me, B-7 aq& x9 klLLa&w DATE NAME, TITLE OF OFFICER personally appeared da-7 f2-44wd a 4zY&;(, NAME(S) OF SIGNER(S) known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behatf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. R$ Commission Exj~;res Aug. 9, 1998 Lhz2&4& 07 a& u SIGNATURE OF NOTARY (This area for official notary seal.) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION Title or Type of Document OF POINSETTIA PARK OFFSITE SEWER - CMWD PROJECT NO. 94-403 ‘ Date of Document No. of Pages Signer(s) other than named above CMWD 94-403 06/l 4195 Rev. 1 . - ’ ,i . ” . C. x . 1166 SAMBI’ SEASIDE HEIGHTS LLC, a California limited liability company w. PRESIDENT Date: April 12. 1996 &naqev ATTEST: (title and organizxion of signatory) Date: / OQ.,- 26&. _ 9L By: , \- tmwchc lfivehw 1 I A (print name here) ~hvu4eY (title and organizatidn of signatory) Date: Secretary(Proper notarial acknowledge of execution by Property Owner must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 18 01/30/96 Rev. 1 i’ A.,< ‘ 1 3.5 , L :- \ .I . a , ’ 1167 STATE OF CALIFORNIA I COUNTYOF AoJ ~A)(+ i “’ On b,JR$ %! 1746 before me, DATE personally appeared NAME, TlTLE OF OF#ICER BP’ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personM whose name&J is/are subscribed to the within instrument and acknowledged to me that he/she/Gay executed the same in his/her-#& authorized capacity(&), and that by his/her%& signaturem on the instrument the person(S), or the entity upon behalf of which the personi) acted, executed the instrument. (This area for official notary seal.) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION Title or Type of Document OF POINSETTIA PARK OFFSITE SEWER - CMWD PROJECT NO. 94-403 Date of Document hh&!& 2 6, / q’?L No. of Pages Signer(s) other than named above &WE CMWD 94-403 06/l 4195 Rev. , I . ’ ,: E > . . . . 2, 1 .i” : , E *. * Y . . . ,; f : 8 r 4 3 i f Q Se. E %i, 4 EXHIBIT A . . b ,: . . I <.. \ . . . . - \ 4 ’ 1169 LEGAL OESCRIPTIONS OF PROPERTIES PARTICIPATING IN REIMBURSEMENT AGREEMENT GREYSTONE HOMES, INC./COSTA DO SOL PARCEL 2 OF PARCEL MAP NO. 6136, FILED IN THE OFFICE OF THE COUNN RECORDER IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. RECORDED 7/s/n. BEING A PORTlON OF FRACTIONAL SEC. 21 T. 125, R4W, S.B.M. MC REYNOLDS FAMILY TRUST/MAR VISTA PARCEL C OF PARCEL NO. 2949, IN THE CITY OF CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974, AS FILE NO. 74-216632 OF OFFICIAL RECORDS. MSP CALIFORNIA LLQEMERALD RIDGE WEST THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT CERTAIN PARCEL OF LAN0 DELINEATED AND DESIGNATED AS ‘DESCRIPTION NO. 1,103.91 ACRES” ON RECORD OF SURVEY MAf’ NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19,1960, BEING A PORTION OF LOT ‘G” OF RANCH0 AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, A PORTION OF WHICH LIES WlTHlN THE CITY OF CARLSBAD, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. U(CEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS ‘A’, ‘B”, “C’, AND ‘0’ OF PARCEL MAY NO. 2993, IN THE CIlY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN OIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTIUTY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVlSlON LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG ANP ACROSS THAT PORTION OF PARCEL A, B AND C OF EXHISIT B (Page two of two) 11ru . . . d . . .?q- ’ ,- ., - I * . r .*. . .L. -, PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS, DELINEATED AND DESIGNATED AS “84’ FUTURE STREET OPEN (MACARIO ROAD)” ON SAID PARCEL MAP. PARCEL 3: PARCEL B OF PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS. SAMBI-SEASIDE HEIGHTS CL-C THAT CERTAIN REAL PROPERTY LOCATED IN THE COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT NORTH HALF OF A PARCEL OF LAND DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTH SIX-lY ACRES OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NVENTY-ONE, TOWNSHIP TWELVE SOUTH, RANGE FOUR WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PlAT THEREOF, APPROVED OCTOBER 25, 1875, EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 40 RODS WEST OF THE SOUTHEAST CORNER OF SAID SECTION TWENTY-ONE, TOWNSHIP TWELVE SOUTH, RANGE FOUR WEST, RUNNING THENCE EAST 40 ROADS TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 20 RODS TO A POINT; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 18 RODS TO A POINT; THENCE IN A DIRECT SOUTHWEST LINE 29 RODS TO POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF, IF ANY, LYlNG WlTHlN THE BOUNDARIES OF THE RANCH0 AGUA HEDIONOA AS SHOWN ON MISCELLANEOUS MAP NO. 29 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JUNE 21, 1920 EXHIBIT B (Page two of two) . . ’ <: % . ,: \a ’ -. ‘. . . ,. +- -. ,’ : . POINSETTIA PARK OFFSITE GRAVITY 1171 8 INCH SEWER. TEMPORARY CONSTRUCTION EASEMENT @ EXWtATW 8Y EARTHMOVERS. SpOnTOfEM##ART sFoo(pllL @ fRENO( EXcAvAflOt4 @f-m SX-IQMWWW+L-AW. @ f’fW7ECT m HABIIATARU. @ ENSTING Olin FARMERS RWO -NT totIA3flAT ARfA,(arw). 0 ~u.Lu~FErGAsTEaYEOGEoFolRTROAD. ‘ . EXHIBIT ‘C’ L . . 6. ‘. .* f- 1172 .’ I+<-. . l ’ - . ‘I * . CONSTRUCTION ESTIMATE SAMBI SEASIDE HEIGHTS Reduction of Sewer In Hidden Valley Road for Alternative Sewer Routlne Prepared by O’Day Consultants 954017C2 -November 13,1995 QUANTITY t UNIT t PRiCE 1 COST I I I 1 _.._. .:. .:. .:: . . . . ..,. : 1. .,... .:‘.: .,..._: ..,. ji.,.,:::.,.:.: :..I.. . . . . .~~....~.~... i: ..:.:. $.l’i ‘.:... . . . . . . . . . . . . .._ :.. . . . . ..__ _:._::... ‘.:‘(:::‘::(;:‘:::~ .._....,_......_. ~~~~~~.~~~~~~~~~~~~~~~~~~~.~~~~~~~~~,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .:. :.:;:,.> . . . . . . ‘..“.‘-.zL ... . ..-...7-: :..I :: .:-,-& :‘::.>.:::.::x.::: ..:: ..:::~~.i,::.~:.~.::~.,i’. .._ ii_iii. .__. . . . . . . . . . . . . ..-.. . . .../ .:..... 5 . . . . ‘.. . . . . . . . . . . . . . . . . . . . . . . . . .._... . . . . . . . . . i_/...,.. ._. ,.,.. . . .: :.:.:...,.): .:;.,.~.,. :. .; .:...,.,.. ,/_.,. _.,. I.... ., . .._. . . . . ..- .~~/...~~~~....~.~~.~~. __. _. __ .,. . . . . ..,_,,: .,... .: :.::.z ..: y:.: . . .,.,. . . . ;..: &:::.: . . . . .:-:.~~~~..~:.:...:..:;:.:‘. .>: . . . . . ..I . . . . :. . ..I> . . . . . . . . . . . ,.... . . . . . . . . . :.. . . . . .A... . . . . . 8 INCH VCP I 1,492 I LF I $18.00 1 $26,856.00 MANHOLE I 5 I Es I $2,5moo ) $12,500.00 SUB-TOTAL I $39,356.00 8 INCH VCP I 332 I LF I $18.00 1 $5,978.00 MANHOLE I 1 I IzA I $2500.00 1 $2,500.00 SUB-TOTAL I $8,476.00 TOTAL 1 $47,832.00 ,- ..w ,** -1 EXHIBIT D : . i Recording Requested by and When Recorded Return to: CITY CLERK City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 I, I \’ DT: # 1997-0290309 23-Jut+1997 log58 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE COUN;;E;ECORDER f 11.00 1485 Space above this line for Recorder’s Use RELEASE OF AGREEMENT TO PAY REIMBURSEMENT FOR POINSETTIA PARK OFF SITE SEWER NOTICE IS HEREBY GIVEN that the Agreement for Reimbursement for Poinsettia Park Off Site Sewer between the Carlsbad Municipal Water District and GREYSTONE HOMES, INC.. a Delaware Comoration. required by a Reimbursement Agreement for Poinsettia Park Off Site Sewer recorded on Mav 20.1996 as Document No. 1996-0254982 is hereby released for the following reason: Fees Paid and Obligation Satisfied. DATED: JUNE 6, 1997 APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... State of California I 1 ss County of San Diego 1 On b/k/97 CLAt9bFA. L personally appeared personally known to me (tnf wee) to be the person(q whose namem islaresubscribed to the within instrument and acknowledged to me that he/m executed the same in his/be&heir authorized capacity&@, and that by his/be&b& signature&) on the instrument the personw, or entity upon behalf of which the person(qacted, executed the instrument. WITNESS my hand and offiial seal. /SIGNATURE OF NOTARY (This area for official notary seal.) CMWD 94-403 02/06/97 k”.‘ -* 1 Recording Requested by and When Recorded Return to: CITY CLERK City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 ,9yui w&0290311 10~58 All 1487 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY S”;T;i COUN;;E;ECORDER RF: I ioo 11.00 /;; 1.00 (’ :: ,,’ I 1; Space above this line for Recorder’s Use RELEASE OF AGREEMENT TO PAY REIMBURSEMENT FOR POINSETTIA PARK OFF SITE SEWER NOTICE IS HEREBY GIVEN that the Agreement for Reimbursement for Poinsettia Park Off Site Sewer between the Carlsbad Municipal Water District and SAMBI-SEASIDE HEIGHTS, LLC. a California limited liabilitv comr>anv, required by a Reimbursement Agreement for Poinsettia Park Off Site Sewer recorded on Mav 20, 1996 as Document No. 1996-0254982 is hereby released for the following reason: Fees Paid and Obligation Satisfied. DATED: JUNE 6, 1997 APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: JANE#OBALDI. DepCrfy General Counsel President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... State of California 1 ) ss County of San Diego 1 On 6 /6 /97 before me lx?!.?* CLAJblc AdA5um: PWZfdLc/v L-LB bhmjeq 4 oauc!L personally appeared personally known to me (- me) to be the person&r) whose name(Sa is&subscribed to the within instrument and acknowledged to me that he/&&they executed the same in his- authorized capacity- and that by his/he&he& signaturew on the instrument the person@Q, or entity upon behalf of which the person&f) acted, executed the instrument. WIPESS my hand and o%ial seal. -ea for official notary seal.) 02/06/97 Recording Requested by and When Recorded Return to: CITY CLERK City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CAT # 1997-0290310 23-Jut+1997 10~58 AM OFFICIAL RECORDS ShN DIEGO COUNTY RECOI GRFIXRY SflITH, COUNTY RECOR -. tDER’ S OfoE;CE _.._.._. -~ 1 R 52 fi RF;“---“’ 8.00 FEE9 11.00 =uu [: : 3: . Space above this line for Recorder’s Use RELEASE OF AGREEMENT TO PAY REIMBURSEMENT FOR POINSETTIA PARK OFF SITE SEWER NOTICE IS HEREBY GIVEN that the Agreement for Reimbursement for Poinsettia Park Off Site Sewer between the Carlsbad Municipal Water District and MC REYNOLDS FAMILY TRUST, a private oroeerty owner. and MSP CALIFORNIA LLC. a Colorado limited liabilitv comDanv and as to its successor in interest UDC HOMES INC. required by a Reimbursement Agreement for Poinsettia Park Off Site Sewer recorded on Mav 20.1996 as Document No. 1996-0254982 is hereby released for the following reason: Fees Paid and Obligation Satisfied. DATED: JUNE 6, 1997 APPROVED AS TO FORM: RONALD R. BALL, General Counsel By: JAf#! MOBALDI, Deputy General Counsel President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................... State of California I 1 ss County of San Diego 1 On 6 lCJ97 before me, R t+-FJDeZ= & &,Akm+R\/ iDLlBl&C _ personally appeared CLAtrbL'.q‘.Lmfi. P&j=SIP+s)-r. personally known to me (- m) to be the/person(‘$ whose nameCo3,is/zue&ubscribed to the within instrument and acknowledged to me that he/sbe#hey executed the same in his/her/#& authorized capacity@@, and that by hislherlthnir signaturem on the instrument the person(a& or entity upon behalf of which the personfgg acted, executed the instrument. I seal. or official notary seal.) CMWD 94-403 02/06/97 . . 3 ‘. - ‘7lTE IT - DON’T SAI . : If6 3/Y Y-9-96 ‘V ! Date April 22 19 96 1 \ , To File From Isabelle Paulsen U Reply Wanted ON? Reply Necessary On this date, the original Agreement for Reimbursement of Costs for the Construction of Poinsettia Park Offsite Sewer, CMWD Project No. 94-403, was sent via the inter-office to Sandy Schuck, CMWD.