HomeMy WebLinkAbout2021-01-07; Floodplain History Within Rancho Carlsbad Owners Association Property; Gomez, PazTo the members of the:
_ fl"fl COUNCIL
Date T/ll!._CA ..£_CC V
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Jan. 7,2021
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Paz Gomez, Deputy City Manager, Pub ~orks
Via: Geoff Patnoe, Assistant City Manager ~
{city of
Carlsbad
Memo ID# 2021003
Re: Floodplain History Within Rancho Carlsbad Owners Association Property
(District 2)
This memorandum provides a summary of how the city has worked extensively with the Rancho
Carlsbad Owners Association (RCOA) for many years to resolve floodplain issues within RCOA's
property, an update on the dredging project within RCOA property limits that was removed
from the city's Capital Improvement Program (CIP), and an update on other current and
proposed city projects that benefit floodplain protection within this community.
Background
Calavera and Agua Hedionda Creeks confluence within the RCOA community immediately
upstream (northeast) of the El Camino Real Bridge located at the intersection of El Camino Real
and Cannon Road. In 1996, there were originally 278 residential structures located within the
Federal Emergency Management Agency (FEMA) regulated floodplain when the RCOA
subdivision was approved. To date, the city has invested over $10 million in drainage
improvements resulting in removal of 111 residential structures within the RCOA property from
the floodplain.
The 2008 City Drainage Master Plan (DMP) proposed two projects to improve drainage
conditions within the RCOA community and remove residential structures from the regulatory
floodplain. Project B proposed dredging of sediment along Agua Hedionda Creek, and Project
BN proposed channel improvements within Calavera Creek. Approximately 40,000 cubic yards
of sediment were estimated for removal along Agua Hedionda Creek within RCOA property
limits. The city subsequently determined that these projects were infeasible due to funding and
environmental permitting limitations. These determinations are described in Attachments A
and B.
In 2016, the city and RCOA executed a Settlement Agreement (Attachment C) as a result of the
projects' infeasibility. The Settlement Agreement required that the city quitclaim drainage
easements received from RCOA's predecessor-in-interest to RCOA. These drainage easements
covered the Calavera and Agua Hedionda Creeks within the RCOA property.
Public Works Branch
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2730 t
Council Memo -Floodplain History within RCOA Property (District 2)
Jan. 7, 2021
Page 2
Funds previously allocated for Projects B and BN, identified by CIP Project No. 3338, have
already been re-allocated from the project account. As part of the Settlement Agreement,
$750,000 was re-allocated from the CIP Project No. 3338 account to an account dedicated to a
flood-proofing program within the RCOA community. The other remaining funds were re-
allocated to the Planned Local Drainage -Basin B Fund to support other DMP projects within
the Agua Hedionda basin in Carlsbad. CIP Project No. 3338 was removed from the CIP in the
fiscal year (FY) 2019-20 CIP Budget adopted by the City Council.
The city currently performs channel maintenance activities within the section of the Agua
Hedionda Creek between the bridges of El Camino Real and Cannon Road, CIP Project No. 6629.
This stream segment is located immediately downstream of the RCOA property and upstream
of the wildlife preserve owned by the California Department of Fish and Wildlife (CDFW). The
project footprint falls within open space easements provided by the Evans Point and Kelly
Ranch Village "E" developments, which are unrelated to the former easement dedications from .
the RCOA.
The scope of maintenance of CIP Project No. 6629 is limited to removal of trash and non-native
plant species on a quarterly basis and annual removal of vegetation from the half-acre stream
segment. Removal of vegetation provides for improved channel conveyance conditions that
benefit the RCOA community immediately upstream. In previous years, including 2020, the
annual removal of veg~tation occurred in late November so thatthe vegetation is lowest during
the winter rainy season to provide the maximum level of conveyance.
The CDFW permit issued for CIP Project No. 6629 only allows for removal of vegetation with
hand tools. Additional permits will be required from the U.S. Army Corps of Engineers (USACE)
and the California Regional Water Quality Control Board (RWQCB) if earth-disturbing activities,
such as dredging, are to be added to the scope of maintenance. This segment of channel was
last dredged in 2006, specifically under emergency authorizations by the USACE.
Sediment readings are recorded annually at three points along each bridge to monitor sediment
accumulation as the creek enters/exits the maintenance area. Streambed elevations vary from
year to year but generally have decreased in elevation since readings began in 2013. Sediment
is not accumulating within the maintenance area per these readings; therefore, dredging of this
section of stream is not being considered at this time.
On Sept. 17, 2019, City Council adopted Resolution No. 2019-177 authorizing a Professional
Services Agreement with Rick Engineering to update the 2008 DMP, which is currently in
progress. The DMP has been updated over the years to reflect changes in city growth,
construction costs, general plan, drainage standards and environmental regulations.
Council Memo -Floodplain History within RCOA Property (District 2)
Jan. 7,2021
Page 3
Discussion
As stated above, the city has invested over $10 million in drainage improvements to remove
RCOA residential structures from the floodplain. Two projects have been determined to be
infeasible but several other projects in the 2008 DMP are expected to remain in effect and
potentially benefit the residential properties within RCOA. Additional projects may also be
· proposed based on the results of the hydrologic/hydraulic model created to support the DMP
update.
One of these proposed projects is identified as the Rancho Carlsbad Retention Basin Project
(Project BJ-1). The project is a proposed retention basin and a reinforced concrete box culvert
outlet that discharges to an existing tributary. The retention basin will be located at the
southeast corner of the intersection of College Boulevard and Cannon Road. The proposed
extension of College Boulevard and its required fill will act as an embankment of the basin to
contain the expected volume of runoff. The basin will occupy eight acres of land and will be
designed to contain 49 acre-feet1 of water during a 100-year storm event. This project is
expected to remain in the upcoming update to the DMP and will be constructed with the
proposed College Boulevard extension project.
In 2021, staff plans to present an updated DMP and propose revisions to city ordinances
regarding the Planned Local Drainage Area fee structure to the City Council. Projects B and BN
are currently scheduled to be removed from the updated DMP as the 2016 Settlement
Agreement releases the city's responsibility to maintain the creeks within the RCOA property
and funds have already been re-allocated from the project account.
In December 2020, staff received confirmation from the permit authority, CDFW, that
additional clearing events of the Agua Hedionda Creek between the bridges of El Camino Real
and Cannon Road can occur throughout the year; therefore, staff plans to propose updating the
CIP Budget during the upcoming FY 2021-22 CIP Budget development process for vegetation
clearing on a quarterly basis to provide a year-round benefit to channel conveyance conditions.
Planning measures have also been implemented within the city to prevent further development
from exacerbating potential flooding within the RCOA property. Development projects located
within Local Facilities Management Zones 5, 7, 14, 15, 16, 18 and 24 that drain to the Agua
Hedionda Creek or the Calavera Creek must pay the Planned Local Development Fee set by the
DMP. Fees collected from such developments provide a dedicated funding source for
implementing DMP projects such as Project BJ-1. Developments must also install onsite
drainage improvements to ensure that direct drainage impacts resulting from the proposed
development do not result in flooding of existing development.
1 One acre-foot represents the amount of water needed to cover an acre of land to a depth of one foot. One acre-
foot equals 325,851 gallons of water.
Council Memo -Floodplain History within RCOA Property (District 2)
Jan. 7, 2021
Page 4
This development criterion also applies to CIP projects. For example, CIP Project No. 6042, El
Camino Real Bridge Improvements at Agua Hedionda, will install a pedestrian bridge on the
northeast side of El Camino Real to allow pedestrian travel from northwest-bound El Camino
Real to northeast-bound Cannon Road. Hydraulic analyses were performed to determine the
bridge design and to ensure that no adverse impacts to flood elevations within the RCOA
property existed.
Staff is also tracking a potential state grant opportunity that could provide funding assistance
for Project BJ-1. The Floodplain Management, Protection and Risk Awareness Grant Program
supports local agency efforts to prepare for flooding events. This grant provides financial
assistance for stormwater-related flood risk reduction activities. The program is funded through
Proposition 68 and is expected to be advertised in summer 2021. Channel dredging is ineligible
for funding as it is considered a maintenance-related activity; however, storm drains, culverts
and drainage basins are eligible facilities. Funding priority will be given to proposed projects
located in FEMA special hazard areas and economically disadvantaged communities as
determined by the California Department of Water Resources. RCOA property meets both
these criteria, thereby increasing the potential of receiving funding assistance for Project BJ-1.
Next Steps
Based on the consultant's most recent schedule, staff plans to present an updated DMP and
proposed revisions to city ordinances regarding the Planned Local Drainage Area fee structure
to the City Council in December 2021. Staff will also update the CIP Budget for CIP Project No.
6629 during the FY 2021-22 budget development process and will continue to pursue grants
and other funding opportunities for projects in this area.
Attachments:
A. Memorandum to City Manager regarding status update of the Agua Hedionda Creek
Channel Dredge Project, dated April 24, 2013
B. Memorandum to City Manager regarding Rancho Carlsbad Flood Protection, dated
Jan.9,2015
C. Settlement Agreement between the City of Carlsbad and Rancho Carlsbad Owners
Association regarding flood channel dispute, dated March 11, 2016
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services
Tom Frank, Transportation Director
Ryan Green, Finance Director
Jeff Murphy, Community Development Director
Kristina Ray, Communication & Engagement Director
Jason Geldert, City Engineer
Council Memo -Floodplain History within RCOA Property (District 2)
Jan. 7,2021
Page 5
Hossein Ajideh, Engineering Manager
Scott Lyle, Senior Engineer
Daniel Zimny, Associate Engineer
. (t~ CITY OF
• CARLSBAD
Attachment A
Memorandum
April 24, 2013
To:
From:
John Coates, City Manager __,1 J
Skip Hammann, Public Works Director .::::j-f-'
Re: Status Update-Agua Hedionda Creek Channel Dredge Project, Project # 3338
Executive Summary
This memorandum provides Council with options for the Agua Hedionda Creek Channel dredge
project. The current project is considerably different from the project originally proposed, and
many project requirements and assumptions have changed over the years. The estimated costs
and liability exposure to Carlsbad have increased dramatically from the initial project concept
that now requires an additional $4.9 million from the General Fund to construct, not including
costs for ongoing maintenance costs. Since this project is an improvement to real property,
allocating more than $1 million from the General Fund will trigger the need for a majority vote
approval. Staff is recommending that this project be eliminated from the CIP program.
Background
The purpose of the current project is to mitigate potential flooding impacts to the Rancho
Carlsbad Mobile Home Park resulting from a 100-year storm event. Based on several significant
evolving factors a re-evaluation of the project need, scope, costs, and possible alternatives is
warranted. Two creek channels are included, Agua Hedionda Creek channel (AHC) and Calavera
Creek channel (CC).
1. In 1968 the City issued Rancho Carlsbad Mobile Home Park (the Park) a Pre-annexation
Conditional Use Permit through Planning Commission Resolution 585.
2. In 1969 AHC and CC were designed as earthen, trapezoidal channels in conjunction with the
development of the Park, according to plans dated June 27, 1969. (EIR Addendum 2013)
3. Around 1971 the land was annexed into the City of Carlsbad.
4. The Park was approved by the City Council in the early 1970s. It was recognized that the
project was in the 50 year flood plain but no mitigation was required because that was the
standard at that time. The standard was changed in approximately 1980 to 100 year
frequency due to Federal Flood Insurance mandates.
5. In the mid-1990s the park was purchased by the Carlsbad Residents Association with the
hope of converting to condominium ownership. Under the Subdivision Map Act, the city
was only allowed to require improvements necessitated by significant health or safety
concerns. Because the park was within the 100 year flood plain, the Park was required to
submit hydrology reports on flooding of the park. (AB 13,923)
Public Works Department
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2730 I 760-602-8562 fax I www.carlsbadca.gov
Mr. Coates
April 24, 2013
Page 2
6. In June of 1996 Dr. Howard H. Chang Consultants was hired by the Park to prepare a report
titled 'Flood Control Alternatives for Rancho Carlsbad Mobile Home Park'. It states in the
Conclusions "Damages to the park due to flooding has been estimated by the Park Manager
to be $5000 for each occurrence. In a 100-yr time span, the occurrence of flooding is also
the frequency that a 50-yr storm is exceeded. In other words, two flooding occurrences can
be expected in the 100-yr time span. With flood control, flooding damages will be
eliminated and thus the benefits due to flood control is $10,000 in a 100-yr time span."
7. On December 3, 1996 through AB #13,923, City Council amended the 1994 Master Drainage
and Storm Water Management Plan by adding Facility BMA, described as "Storm water
attenuation is required to bring the existing drainage channel into conformity with current
design standards. Berms, levees, or other features such as detention areas will be used to
contain the 100 year flood under build out condition for the contributing drainage basin."
Exhibit B cost estimate includes levees, flap gates, armor protection, waterproofing, earth
berm, and an additional levee for a total estimate of $325,000.
8. The December 18, 1996 Planning Commission Resolution No. 4033 recommended for
approval the multiple, individual ownership of the lots in the Park.
9. In a comment letter to the Planning Commission dated December 18, 199.6 regarding the
approval of conditions for the Tentative Tract Map, Rancho Carlsbad Attorney Sue Loftin
states: "The Applicant does not agree that flooding as disclosed by the various Chang
reports constitutes a substant.ial health and safety issue. Notwithstanding that position and
for the sole purpose of moving this project forward, the Applicant has agreed, as a package,
to do the following ... payment of fee in the sum of $318,000." This offer was calculated by
the Association by multiplying the then current Plan Local Drainage Area (PLDA) fee of
$3380 x 94.07 acres (acres of subdivision).
10. City Council approved Resolution 97-44, modifying Planning Commission Resolution 4033.
Condition 11, as revised, states "That improvements proposed in the Master Drainage Plan
will reduce flooding impacts and improve drainage to the mobile home park. Portions of
the Rancho Carlsbad Mobile Home Park are located within the 100 year flood plain as
designated by FEMA. As provided in the Subdivision Map Act, the city is authorized to
require any improvements necessary to mitigate existing health and safety conditions.
Because health and safety conditions exist (flooding), mitigation of the flooding impacts has
been required as a condition of project approval. To facilitate the mitigation of flooding
impacts, the city has agreed to include the site into the Master Drainage Plan and the
applicants have agreed to the contribution of monies estimated to be $318,000 over a 10
and one half year period. In addition, the applicant has agreed to provide easement
dedications for Calavera Creek and AH Creek drainage channels to permit the city to
mitigate flooding and drainage impacts pursuant to the Master Drainage Plan. These
improvements will benefit the owners of the mobile home park by reducing flooding
impacts and improving drainage to the park."
11. On November 4, 1997 Rick Engineering was hired by the City to prepare a drainage concept
plan for the "Rancho Carlsbad Channel and Basin Project".
12. A Drainage Easement was accepted by the City in the AHC and CCs on December 22, 1997.
Mr. Coates
April 24, 2013
Page 3
13. The Final Subdivision Map MS96-08 for the Mobile home Park was recorded on February 4,
1998. The final map identified 278 lots that were within the 100-year floodplain, out of a
total of 496 lots in the park.
14. In February 1998, the Rancho Carlsbad Partners, as owners of the property, agreed to
indemnify and hold the city harmless from liability caused by the drainage system identified
in the approved project.
15. On March 24, 1998 the City entered into a Contract to Secure Future Public Improvements.
The City was to receive $318,000 from the Rancho Carlsbad Partners over a ten (10) year
period to comply with Condition 10 of Planning Commission Resolution 4033. In return the
City agreed to construct the improvements set forth in the amendment to the Master
Drainage Plan and approve the Final map.
16. In 1998 additional channel enhancement and repair work occurred west of ECR with
construction of Cannon Road bridge over AHC. (EIR)
17. In 2002 the city entered into a consultant agreement to start applying for and obtaining
permits from environmental regulatory agencies.
18. In a letter dated April 5, 2005, The Rancho Carlsbad Owner's Association, Inc. 'admonishes
Council to fulfill your obligation to us ... An outline of the steps as we see it are: ... construct
the 84" storm drain i_n Cannon Road, ... repair the outlet works at the Lake Calavera Dam,
.. .immediate vyork on the dredging plans for AH Creek, ... review and modify the design and
construction of the BJB basin, box culvert and weir wall. .. "
19. The City completed several projects that removed an additional 118 units from the
floodplain. At this time, there was an estimate of 160 units still remaining in the 100-year
floodplain. Projects included replacement of outlet structure and valves at Calavera Dam,
construction of detention Basin BJB east of the College Blvd and Cannon Rd intersection,
construction of a detention basin east of the Melrose Drive crossing of AH Creek, and the
construction of a detention basin at the Faraday Ave creek crossing, as represented in the
FEMA Final Letter of Map Revision Case# 09-09-0276P dated September 14, 2009.
20. On March 7, 2006 there was a Declaration of Local Emergency. Emergency dredge permits
were obtained from agencies and a portion of the creek was dredged. This work was
funded by a loan from the general fund to the PLDA fee program and completed in April of
2006. (AB#18,472, AB# 18,503 ratifying contract)
21. In 2008, the RWQCB issued the City a Notice of Violation against the project for failure to
obtain an acceptable mitigation site for the emergency dredge project. In 2009 the City
purchased mitigation credits from North County Habitat Bank for the emergency dredge.
(AB#19,110).
22. In 2010, staff solicited proposals and City Council approved a consultant contract to finalize
construction plans and obtain environmental permits for current project 3338. (AB #20,417)
23. As part of the permitting process in 2010, staff recommended and City Council approved a
license agreement for a mitigation site within the same hydrologic area as the impact area,
as potential mitigation for the 401 permit from the RWQCB. AB #20,378.
Mr. Coates
April 24, 2013
Page4
24. In 2011, an attempt was made to obtain additional project funding when staff applied for a
grant for $468,000 from the State Flood Protection Program. {AB#20,460) In 2012, the city
was notified they would not receive the grant.
Completed Improvements 1997-2011
• Weir wall and Calavera Creek rock slope protection at confluence point
• Construction of an 84" storm drain pipe paralleling Calavera Creek
• Repair and rehabilitation of the outlet works at the Lake Calavera Dam
• Construction of three flood retention basins
• Emergency dredge
Current Status 2013
The current dredge project scope has changed due to engineering review, resource agency
requests, and other considerations:
• The current dredge project scope has changed due to Army Corps of Engineers (ACOE)
requests and City's Utilities -Engineering Division design corrections related to earthen
bank levee stabilization. Hydrology analysis shows that with the proposed
improvements, there will remain an estimated 22 lots still subject to some level of
flooding.
• The project EIR Addendum, 5pecial Use Permit (SUP) and Coastal Development Permit
(CDP) amendments were approved by Planning Commission on April 3, 2013.
• The final 1600 permit from California Department of Fish and Wildlife is ready, pending
City Council approval.
• The draft 404 permit from ACOE is ready, pending 401 Water Quality from RWQCB.
• The City is working with the RWQCB on 401 Water Quality permit and received a
comment letter from RWQCB on February 22, 2013. The City responded April 15, 2013
with a 279 page submission. City staff will follow up with RWQCB staff mid-May for
further discussions.
• Cost summary (estimated round numbers for discussion)
Current dredge project:
o $10.3M total estimated completion cost
• $3.4M already spent (includes the emergency dredge from 'Completed
Improvements' bullets above, plus other activities related to current
design)
• $6.9M to spend to complete the project as designed
• $1.lM available from PLDA + $.9M from GCC = $2M available
• $4.9 needed (which triggers Prop H vote if> $1M for new construction
activities vs. maintenance activities)
o Plus costs for the City to hold a Prop H vote, which are estimated at $500,000 as
a stand-alone vote with one measure on the ballot, or approximately $50,000 if
the City places an item on the ballot consolidated with one of the County's
elections. The City can organize a stand-alone vote anytime, however, the
Mr. Coates
April 24, 2013
Page 5
Options
earliest the City could consolidate with a County election would be November,
2014.
Future maintenance dredge projects:
o Maintenance costs are unknown but estimated at a range of $50,000-$100,000
per year in perpetuity.
o Future dredge costs are unknown but estimated at a minimum of $500,000 for
each event.
1. Build project as currently proposed:
a. Earliest start date is Fall 2015 due to funding and permitting issues.
b. Estimate a minimum of $4.9M needed to finish. Because this is considered new
construction, this would trigger the Prop H vote. The project could be scheduled
for the November 2014 vote.
c. In the process of obtaining the RWQCB 401 permit. Enhanced mitigation in the
form of additional creek plantings with 5 years of success criteria, along with
invasive species removal in the Agua Hedionda Hydrologic Area at the time of
any future dredge projects were proposed by the City in the response letter sent
April 15, 2013.
2. Reduce project scope to only include a smaller restoration of CC Channel to improve
water conveyance capacity, and prevent bank erosion near mobile units upstream near
the East end of the Park. Initial estimated costs for this alternative are $250,000,
however, ongoing maintena.nce and liability would make this option not sustainable
over the long-term.
3. Create upstream wetland restoration and basin improvements. The upstream 'West'
properties are Dos Colinas Senior Site (MS-09-04) and Cantarini Development (CT 00-
18). Runoff from these properties enters AHC well ahead of the peak, so any detention
onsite has no impact on the peak flows in AHC responsible for flooding the Park. The
Dos Colinas project design already incorporated four detention basins to mitigate storm
water flow and water quality impacts from both properties. The detention basins can
not be made any deeper because they will not be able to drain to AHC. The basins can
not be made bigger because the approved development footprint restricts their
perimeter boundaries. There are no other locations upstream to construct detention
basins that would be adequate in size or capacity to reduce the flood plain conditions in
.the Park. This option does not appear to be feasible at this time, but is included only to
support a thorough analysis.
4. Install flood warning alarm system, estimated cost $100,000, as a stand-alone option or
in conjunction with other options.
5. Refund initial payment made to the City back to the Park, with interest, remove the
Condition of Approval, and modify the 2008 Drainage Master Plan to eliminate the need
for channel improvements through the Park. This option is not recommended, but is
included only to support a thorough analysis.
Mr. Coates
April 24, 2013
Page6
6. Determine that the City has met its obligations, due to completing the emergency
dredge in 2006, 84" storm drain pipe installation, replacement of valves at Lake Calavera
dam valves, and installation of three detention basins. The easement will be quit-
claimed and returned to the Park: Remove the Subdivision Condition of Approval and .
modify the Drainage Master Plan to eliminate the need for channel improvements
through the Park.
Recommendation
Under recent analysis, it appears that the City has met its original obligation through
improvements completed since 1997, and due to increased costs and changing regulatory
requirements, it is staff's recommendation to pursue option# 6 above at this time.
If you have any questions regarding this memorandum, please feel free to contact me at x2751.
cc: Celia Brewer, City Attorney
Ronald Kemp, Assistant City Attorney
David Hauser, PEM Director
Bill Plummer, Engineering Manager
Elaine Lukey, Environmental Manager
Sherri Howard, Associate Engineer
{"city of
Carlsbad
Attachment B
Memorandum
January 9, 2015
To:
From:
Via:
Re:
Steve Sarkozy, City Manager
Glen Van Peski, Community & Economic Development Director ~
Kathy Dodson, Assistant City Manager
RANCHO CARLSBAD -FLOOD PROTECTION
Background
See memo dated April 24, 2013 for an exhaustive history of the Rancho Carlsbad Mobile Home Park
(RCMHP} flood protection issue. Subsequent to that memo, Public Works and Community & Economic
Development (CED} staff met several times with expert local hydrology consultants to review possible
options, including upstream detention and diversion pipes. None ofthose options appeared technically
feasible. The following is a summary of the main points of the project history:
On Dec. 3, 1996, through AB #13,923, the City Council amended the 1994 Master Drainage Plan
by adding Facility BMA, described as "Storm water attenuation is required to bring the existing
drainage channel into conformity with current design standards. Berms, levees, or other
features such as detention areas will be used to contain the 100 year flood under build out
condition for the contributing drainage basin." The cost estimate attached as Exhibit B included
levees, flap gates, armor protection, waterproofing, earth berm and an additional levee, with a
total estimated cost of $325,000.
On Dec. 18, 1996 Planning Commission Resolution No. 4033 recommended for approval Minor
Subdivision MS 96-08. Condition 11 of that resolution authorizes the city manager to enter into
and sign an agreement with the applicant to mitigate the flood hazard per the amendment to
the Master Drainage Plan.
On Oct. 10, 1997 Rancho Carlsbad Partners signed an agreement with the city. In consideration
of approval of the Parcel Map, Rancho Carlsbad Partners agreed to pay $318,000 for the "flood
control improvements set forth in the amendment to the City of Carlsbad Master Dra inage Plan
(approved by City Council Resolution No. 96-403 on December 3, 1996}".
Analysis
Rancho Carlsbad paid $318,000 for storm water attenuation, with no specification as to what form that
attenuation would take, although detention areas were one of the possibilities mentioned. There was
no reference to deepening, widening or lining the existing earthen channel. In the intervening years, the
following measures, at a cost of over $10 million and thousands of city staff hours, have been
implemented:
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
Rancho Carlsbad Flood Protection
January 9, 2015
Page 2
■ Modification of Lake Calavera Dam outlet to allow detention of inflows.
■ Construction of Basin BJB detention basin to reduce flows.
■ Construction of a detention basin at the Faraday Avenue crossing to reduce flows.
■ Construction of a detention basin at the Melrose Avenue crossing to reduce flows.
■ Construction of an 84" storm drain bypass to Calavera Creek.
■ Modification of Basin BJB outlet works to provide additional detention of flows.
■ Emergency dredging of Agua Hedionda Creek.
■ Offsite habitat mitigation for the emergency dredging.
■ Construction of weir wall and rip rap reinforcements in Calavera Creek.
■ Continued vegetation removal between El Camino Real and Cannon Road.
These improvements have resulted in removal of 111 homes from the regulatory floodplain, out of the
278 homes originally identified as being in the floodplain. Due to technical considerations and the
regulatory environment, further physical improvements to remove additional homes from the floodplain
are not feasible. There has been significant attenuation offloading, and the city has fulfilled the
obligations of the original agreement. While further physical improvements to reduce the floodplain
limits are not feasible, the owners of most of the 167 homes remaining in the regulatory floodplain can
use the Letter of Map Change (LOMC} process to reduce their flood insurance premiums and allow
reverse mortgages. City staff is ready to assist homeowners in processing LOMCs for their property.
Letter of Map Change Process
Of the 167 residential structures remaining within the regulatory floodplain, all but 23 have finished
floors at an elevation above the calculated flood surface. Of those 23 with finished floors below the
flood surface, raising the homes by 8" or less would raise the finished floors for 16 of the 23 to above
the calculated flood surface. With some improvements to meet the FEMA requirements, and an
Elevation Certificate, these homes (144, or with 8" or less of raising, 160 homes} can be removed from
the Zone AE Special Flood Hazard Area (SFHA} through the Letter of Map Change (LOMC} process,
allowing for reduced flood insurance premiums and reverse mortgages.
Required Improvements
For a home to be removed from the floodplain, it has to be properly anchored, it has to have required
openings in the 'skirt' around the home, and any air conditioning units have to be raised above the flood
surface. The anchoring requires a permit from the City of Carlsbad, the other work would be permitted
through the state. The approximate costs for required improvements to the 167 homes currently in the
SFHA are estimated as follows:
Estimated Cost of Required Improvements
Anchoring Openings Raise A.C. units
No. of Homes 107 167 117
Estimated Cost $2,500 $500 $1,500
Subtotal $267,500 $83,500 $175,500
TOTAL $526,500
Some of the homes which were permitted prior to 1997 may already have the required FEMA anchoring,
but an inspection and building permit would be required to document this. The cost estimate above
Rancho Carlsbad Flood Protection
January 9, 2015
Page 3
assumes that all homes permitted prior to 1997 would require anchoring, and does not include any costs
associated with raising homes.
Elevation Certificates
In addition to any required improvements, each home will need an elevation certificate, prepared by a
licensed surveyor or civil engineer, to submit for a LOMC. Typically elevation certificates for an
individual structure cost approximately $1,200. It is estimated that if all 167 were done as a package,
the per-unit cost could drop to around $500. For the 167 units, this would represent a total expenditure'
of $83,500.
The total cost for the required improvements and the elevation certificates is $610,000. The cost for an
individual homeowner would vary depending on the particulars of their situation, typically ranging from
$500 to $5,000. A home with no air conditioning, which was already anchored and had the correct
openings would only incur a cost of $500 for the elevation certificate. A home which needed all three
improvements in addition to the elevation certificate would cost $5,000 to remove from the SFHA. For
the 16 homes requiring raising to be eligible for removal from the SFHA, the costs to raise the home
(possible $10,000} would be in addition to the other expenses. Removing the home from the SFHA so
that it was only in a Zone X Flood Area would allow reverse mortgages, and save the average
homeowner approximately $600 per year, reducing their annual flood insurance premium from $700 to
$100.
City staff in Land Development Engineering and Building will maintain records of requirements for each
of the individual homes. When the building permits are pulled documenting the required anchoring,
documentation of any other improvements is received, and the elevation certificate is submitted, staff
will prepare the LOMC application form and process it through FEMA at no cost to the homeowner.
Attachment C
SETTLEMENT AGREEMENT REGARDING FLOOD CHANNEL DISPUTE
THIS SETTLEMENT AG~MENT REGARDING FLOOD CHANNEL DISPUTE
("Agreement") is made this L day of ~ , 2016 ("Effective Date") by and
between the City of Carlsbad ("City") and Rancho Carlsbad Owners Association, Inc., a California
nonprofit mutual benefit corporation ("RCOA").
RECITALS
..
A. RCOA manages, maintains, and operates that certain community commonly referred to as
Rancho Carlsbad Mobilehome Park, located at 5200 El Camino Real, Carlsbad, California (the
"Community"). The Community consists of 504 individual units or lots upon which are placed
manufactured homes.
B. Portions of the Community are or have been classified as being within the regulatory 100 year
flood plain pursuant to the Federal Emergency Management Agency 100 year flood map dated
May 16, 2012 ("Flood Plain"). Through various methods, many of the individual units have
previously been removed from the Flood Plain designation; however, 166 units remain
designated as being within the Flood Plain.
C. The Community has identified 166 units which continue to be designated within the Flood
Plain. With some improvements to meet the FEMA requirements, the receipt of an Elevation
Certificate and the processing of a Letter of Map Change (aka Letter of Map Amendment), 137
of the 166 units, can be removed from the Flood Plain designation.
D. In connection with the conversion of the Community to a resident owned subdivision in 1996,
and pursuant to that certain Contract to Secure Future Public Improvements by and between
Rancho Carlsbad Partners (RCOA's predecessor-in-interest) and the City, recorded in the
official records of the San Diego County Recorder's office as Document No. 1998-0158219
on March 24, 1998 (the "Contract for Improvements"), Rancho Carlsbad Partners paid to
the City the sum of $318,000 plus interest in exchange for which the City agreed to construct
flood control improvements to mitigate the flood impacts to the units. While the City has
constructed or cause to be constructed certain flood control improvements to mitigate the flood
impacts, there remains 166 units within the Community designated within the Flood Plain to
which RCOA contends the City is required to take all steps reasonable to remove the units
from the Flood Plain designation.
E. To resolve the dispute between the parties, , and to facilitate the removal of units from the
Flood Plain, the City desires to assist RCOA and the owners of the Affected Units ( defined
below) through the payment of funds and processing of applications, and RCOA and the
Affected Units desire to receive such funds from the City and to perform certain Standard
Modifications ( defined below) to obtain an Elevation Certificate for the purpose of pursuing a
LOMC ( each defined below); all upon the terms and conditions set forth in this Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated
herein by this reference, and other good and valuable consideration, the receipt and sufficiency of
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which are hereby acknowledged, and in consideration of the mutual exchange of the covenants
contained herein, the parties hereby agree as follows:
1. Affected Units. There are 166 individual units (also known as lots) within the Community
upon which is placed a manufactured home (the home and unit/lot are collectively referred to
herein as a "Unit") which are currently identified as being within the Federal Emergency
Management Agency's 100 year flood plain (the "Affected Units"). Attached hereto as
Exhibit "A" is a spreadsheet indicating the currently identified Affected Units within the
Community (the "Unit Itemization Sheet"), which . Affected Units are classified into
categories as follows:
a. 13 7 Units which have manufactured homes located thereon that require the Standard
Modifications, as defined below ("Standard Units");
b. 18 Units which have manufactured homes that are currently placed below elevation and
require the manufactured home to be lifted or elevated, and may require the Standard
Modifications in addition to such elevation increase, in order to qualify for the Elevation
Certificate, as defined below ("Below Elevation Units");
c. 9 Units which require custom modifications to the manufactured homes in order for the
Unit to qualify for the Elevation Certificate ("Custom Modification Units"); and
d. Two (2) Units which have manufactured homes that were newly installed and do not
require any further modification to the Unit, however, will be eligible to obtain the
Elevation Certificate and the LOMC (each as defined below).
e. In the event owners of additional Units are able to demonstrate to the City's satisfaction
that their Unit is classified as being in the I 00 year flood plain, including, without
limitation, Unit 194, such additional units shall be included as an Affected Unit without
the requirement to modify Exhibit A attached hereto; provided however, that the City
concur with the cost estimate for the Standard Modifications and that nothing herein shall
change the total Funds (as defined below) to be paid by the City.
2. Modification to Units.
a. Physical Modifications to Units:
1. The modifications to be performed to the Standard Units to enable an Elevation
Certificate to be issued will be specific to each Unit; however, will generally include
providing new anchoring to the manufactured home (also known as "tie downs"),
provide openings in the skirting around the manufactured home, and to raise the air
conditioner (if any) ( collectively, the "Standard Modifications"). The costs of the
Standard Modifications are covered under this Agreement for the owners of the Units
electing to participate in the program as further set forth herein.
11. The Below Elevation Units will require specific and custom work to the
manufactured home to elevate the manufactured home sufficiently which elevation
will exceed that provided to under the Standard Modifications. The cost of the work
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to bring a Below Elevation Unit up to grade shall be the sole and absolute
responsibility of the owner of the Unit. ·
iii. The Custom Modification Units will require customized work to each manufactured
home as a result of Unit specific conditions or modifications ("Custom
Modifications"). The costs ofall Custom Modifications shall be the sole and absolute
responsibility of the owner of the Unit.
iv. The physical modifications made to the Unit, whether the Standard Modifications or
the Custom Modifications, · shall collectively be referred to herein as the
"Modifications."
b. Permitting Process for Standard Modifications. To perform the Standard Modification, the
City will issue the required permits for the anchors and California Department of Housing
and Community Development will issue any other permits required. Any permits required
for any Custom Modifications or to bring the Below Elevation Units to proper elevation
shall be the responsibility of the owner of the applicable Unit.
c. Removal from Floodplain. In order to be removed from the floodplain or otherwise
excepted from such classification, each participating Affected Unit will need to have the
Modifications, as is applicable, performed to the Unit, have an elevation certificate
("Elevation Certificate") prepared by a licensed surveyor or civil engineer and submit the
Elevation Certificate to FEMA for a Letter of Map Change ("LOMC"). The Elevation
Certificate and LOMC shall be processed pursuant to Section 3 below.
3. City Responsibilities.
a. Processing of Building Permits. The City will timely process the permits for the Contractor
(as defined below) to install the anchors or other such permits required for the Contractor
to perform the Standard Modifications. To assist the City in satisfaction of this
responsibility, RCOA will submit a list to the City of all participating Affected Owners
together with a check for each Unit (one check per Unit) in the amount of $83.00 for the
required permit. The City will process applications in groups in accordance with a priority
indicated by RCOA and a timeline indicated by the Contractor.
b. Processing Removal from Floodplain. An Elevation Certificate will be prepared by
a licensed surveyor or civil engineer for the participating Affected Unit at the
direction and management of RCOA or its processing consultant. The Elevation
Certificate will be submitted by the surveyor or engineer directly to the City. The
City will, upon receipt of the Elevation Certificate, timely prepare the LOMC
application and diligently process it through FEMA. Currently the costs of the
LOMC is estimated to be $0 (zero dollars) per the FEMA website under "single lot .
structure LOMA" (https://www.fema.gov/flood-map-related-fees), however
should there be a processing fee, such fee will be the responsibility of RCOA.
c. Payment of Funds. The City hereby agrees to pay a total sum of Nine Hundred Forty
Thousand Dollars ($940,000.00) ("Funds"). The Funds shall be used to pay for the costs
of the Standard Modification (including permits, labor and materials associated therewith),
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the Elevation Certificate, survey costs, building permits and consultant fees, as estimated
on Exhibit "A" hereto in accordance with the Fund Management provisions set forth
herein. Additionally, pursuant to Section 5.d. below, to the extent there is excess Funds as
a result of Affected Owners not participating in the program, RCOA may utilize such
excess for the payment of approved expenses such as notary fees, recording fees, and
management costs, and bank fees.
d. Quitclaim of Easements. The City will quitclaim the drainage easements received from
RCP in conjunction with the Contract for Improvements to RCOA.
4. RCOA Responsibilities.
a. Notifications to Unit Owners. Owners of the Affected Units shall be notified of and invited
to a general meeting to be conducted at the RCOA clubhouse within the Community to
have the reimbursement and removal from floodplain program explained to the owners, the
process for seeking reimbursement and the requirements to participate in the program. The
Unit Owners shall receive a written · notification explaining the opt-in or opt-out
requirements substantially in the form attached hereto as Exhibit "B". RCOA may hold
additional meetings and send additional notices to the Affected Units relating to the
program as RCOA deems necessary.
b. Participation of Affected Units. RCOA will require that the owners of the Affected Units
desiring to participate in the program to elect to participate in the program on or before the
date that is ninety (90) days after RCOA conducts a general meeting announcing the
program to the owners of the Affected Units ("Notification Meeting"). All participating
Affected Units shall be identified by RCOA to the City and RCOA shall determine a
priority for the performance and completion of the Standard Modifications as it deems
reasonable and/or necessary.
c. Use of Funds. The Funds may be used to perform the Standard Modifications on the
Affected Units (including additional Units identified in Section l(e) above), together with
the issuance of permits, surveyor or engineer fees, process consultant fees, the Elevation
Certificate and LOMC, only, in an amount not to exceed the number indicated on Exhibit
"A" attached hereto. The Funds shall not be used to pay any expenses for Custom
Modifications or modifications required to bring a Below Elevation Unit into compliance;
however, if the owners of the Custom Modification Units or Below Elevation Units desire
to pay for the additional work required to their Unit to make such Unit eligible to receive
the Elevation Certificate and LOMC, the owner of such Unit may receive reimbursement
in the amount equal to the average cost of the Standard Modifications, which is $5,728
after the work is completed.
d. Indemnification Agreement. RCOA agrees, as a condition to the receipt of the Funds, to
enter into that certain Indemnification Agreement, the form of which is attached hereto as
Exhibit "C" whereby RCOA agrees to hold the City harmless and indemnify the City from
any and all liability that may arise relating to this Agreement or the Contract for
Improvements.
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e. Oversight of Modifications. RCOA will enter into an agreement and retain the services of
Carl Miller of Mobilehome Unlimited as the general contractor ("Contractor") to oversee,
and as may be applicable, perform the Standard Modifications to the participating Affected
Units. RCOA shall enter into an agreement with a process consultant ("Process
Consultant") who shall perform services on· behalf of RCOA and the City in the
furtherance of this Agreement. The costs and expenses of the Contractor and the Process
Consultant shall be included in the costs of the project and paid for as a reimbursable cost
out of the Fund pursuant to the terms of this Agreement. The Contractor will be responsible
for submitting all required applications for, processing and obtaining required permits,
scheduling the Standard Modifications, coordinating with individual households, hiring
subcontractors and such other customary and ordinary oversight duties.
f. Oversight of Unit Owners. RCOA shall require that all Unit owners participating in the
reimbursement program satisfy the following requirements: (i) enter into that certain
Indemnification and Hold Harmless Agreement, in the form attached hereto as Exhibit
"D" which shall be recorded in the official records of the County Recorder's office for the
County of San Diego; (ii) enter into a written consent or authorization agreement
authorizing the general contractor and any subcontractors to perform the Standard
Modifications to the Unit, obtain the Elevation Certificate and submit the LOMC; and (iii)
full cooperation with the City, engineers, general contractors, subcontractors and RCOA
to complete, submit and process the LOMC. In the event a Unit owner declines to
participate in the reimbursement program, RCOA shall use reasonable efforts to document
such decline through either a written statement or notes of any verbal communication.
g. Oversight of Funds. RCOA will be responsible for reviewing and paying all invoices
submitted to RCOA from the Contractor or Process Consultant. Only those invoices or
requests for reimbursement which relate to the Standard Modification, surveying, .
engineering, and/or permit costs for the preparation or issuance of the Elevation Certificate,
or the submission and processing of the LOMC shall be eligible for payment or
reimbursement from the Fund. Owners of the Standard Modification Units will be entitled
to have all costs and expenses outlined herein and related to the removal of the Unit from
the flood zone paid for from the Fund up to the amount estimated for that Unit in Exhibit
"A". The costs of any Custom Modifications, in excess of the cost of the average Standard
Modification, will be paid for solely and absolutely by the owner of the Custom
Modification Units.
5. Fund Management, Escrow Instructions and Joint Responsibilities.
a. Establish Trust Account. The RCOA shall establish a Trust Account with Pacific Western
Bank, located at 900 Canterbury Place, Escondido, California 92025 ("Trust Account").
RCOA shall administer the Trust Account in accordance with the terms set forth in this
Section 5.
b. Payment of Invoices. RCOA shall, upon receipt of review and approval of the invoices
submitted by the Contractor or the Process Consultant, promptly prepare checks for
payment of the invoices. All checks for payment shall be written at RCOA and shall be
signed by two members of the Board of Directors of RCOA.
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c. Tracking of Account Funds. RCOA shall establish an excel spreadsheet to track all work
to be performed for each of the Affected Units, the cost of the Standard Modifications for
the Affected Units, the submission and approval of invoices, advancement of funds for
payment of materials, and payments from the Trust Account. RCOA will submit to the City
the excel spreadsheet tracking all work and funds on a monthly basis (by the tenth (10th)
day of each month for the previous month's information). The City shall have the right to
review all Trust Account records, including bank statements, checks, and tracking sheets
with t O days' notice.
d. Closing Trust Account. RCOA will require all participating Affected Units to complete the
Standard Modifications to their Unit within one (1) year of the Notification Meeting;
however, RCOA shall grant extensions of time, in its reasonable discretion, up to an
additional six (6) months. Upon the completion of the Standard Modifications for the
participating Affected Units, and the issuance of the Elevation Certificates, RCOA shall do
a final accounting of the Trust Account which final accounting shall be submitted to the
City for review and approval. If the final accounting shows that there are excess funds (as
a result of eligible Affected Units not participating in the program), RCOA shall have the
right to reimburse itself for the following costs:
1. Notary Fees: $IO per signature per participating Affected Unit
11. Recording Fees: $35 (not to exceed) per participating Affected Unit
111. Management Fees: $100 per participating Affected Unit
iv. Bank Fees: At actual costs
v. Final Accounting Fee: $7,500.00
In the event there are any funds remaining in the Trust Account after the final accounting
and any reimbursements to RCOA of the approved costs outlined above, the remaining
balance shall be returned to the City. The City shall review and approve the final accounting
within twenty (20) calendar days of submission to the City and a failure to disapprove of
the accounting shall be deemed an approval thereof.
RCOA shall retain all books, records, reports, and accounting documents for a period of
two (2) years from the date of this Agreement.
6. Notices. Any notice, report, approval or consent required or permitted to be given hereunder
. shall be in writing and shall sent by: (i) certified or registered mail, postage prepaid, return
receipt requested, (ii) personal delivery, or (iii) a recognized overnight carrier that provides
proof of delivery, and shall be addressed as follows:
If to City: City of Carlsbad
Attn: Glen Van Peski
1635 Faraday Avenue
Carlsbad, California 92008
Tel: (760) _______ _
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With copy to:
Ifto RCOA:
With copy to:
Carlsbad City Attorney
Attn: Celia Brewer, Esq.
1200 Carlsbad Village Drive
Carlsbad, California 92008
Tel: (760) 434-2891
Rancho Carlsbad Owners Association
5200 El Camino Real
Carlsbad, California 92010
Tel: (760) 438-0333
The Loftin Firm, P.C.
Attn: L. Sue Loftin, Esq.
5760 Fleet Street, Suite 110
Carlsbad, California 92008
Tel: (760) 431-2111
Notices shall be deemed effective upon receipt or rejection only. If either Party desires to
change its address for the purpose of receipt of notice, such notice or change of address shall
be given in the manner specified herein. However, unless and until such written notice of
change of address is actually received, the last address and addressee as stated by written
notice, or provided herein if no written notice or change has been received, shall be deemed to
continue in effect for all purposes hereunder. This notice provision shall be inapplicable to any
judicial or non-judicial proceeding where California law governs the manner and timing of
notice, commencing and prosecuting an action, commencing and prosecuting a foreclosure, or
seeking the appointment of a receiver
7. Miscellaneous.
a. Amendments. This' Agreement may only be amended, supplemented or modified by a
written instrument duly executed by or on behalf of each party.
b. Waiver. Any term or condition of this Agreement may be waived at any time by the party
that is entitled to the benefit thereof, but no such waiver is effective unless set forth in a
writing signed by or on behalf of the waiving party. No waiver by any party of any term or
condition is deemed to be a waiver of the same or any other term or condition on any future
occasions.
c. Headings. The headings in this Agreement are for convenience only and do not in any way
limit or exclusively define the terms and provisions hereof.
d. Time of Essence. Time is of the essence of this Agreement.
e. Severability. If any term, provision, covenant, or condition of this Agreement is held in a
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such term,
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provision, convent or condition shall be excluded to the extent of such invalidity, illegality
or unenforceability; all other terms, provisions, covenants or conditions remain in full force
and effect so long as the essential terms of the transactions contemplated hereby remain
-enforceable; and the Agreement shall be construed so as to effect the original intent of the
parties as clearly as possible.
f. Further Assurances. Each party shall use reasonable efforts to take, or cause to be taken,
all actions or requests by the other party that are necessary or desirable to consummate and
make effective the transactions that this Agreement contemplates.
g. Ambiguity. This Agreement has been freely negotiated and drafted by both parties. Any
rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not be applied in the construction or interpretation of this Agreement.
h. Counterparts. This Agreement may be executed in counterparts, all of which, when taken
together, shall constitute a fully executed original. Electronic or facsimile signatures shall
have the same force and effect as original signatures. The parties hereto intend to be bound
by the signatures on the facsimile or electronic document, and hereby waive any defenses
to the enforcement of the terms of this Agreement based on the use of a facsimile or
electronic signature.
i. Successors and Assigns. The parties hereto agree that this Agreement and all of its terms
shall be binding on the parties and each of them, and, as applicable, on their heirs,
executors, administrators, dependents, predecessors, successors, subsidiaries; divisions,
alter egos, affiliated corporations, parent corporations and related entities, and their agents,
attorneys, officers, directors, successors and assigns.
j. Entire Agreement. This Agreement, together with the Exhibit attached hereto, constitutes
the entire agreement among the parties with respect to the subject matter hereof and
supersedes all prior agreements, oral or written, express or implied, and all negotiations or
discussions of the parties, whether oral or written, and there are no warranties,
representations or agreements among the parties in connection with the subject matter
hereof except as set forth herein.
k. Governing Law. This Agreement and all rights and obligations of the parties arising out or
relating to this Agreement, or the negotiation, execution or performance thereof, are
governed by and construed in accordance with the laws of California without giving effect
to any conflict or choice of law provisions that would result in the imposition of any other
state's laws.
[signatures on following page]
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IN WITNESS WHEREOF, the duly authorized representative of each party has executed and
delivered this Agreement as of the Effective Date.
"CITY" "RCOA"
CITY OF CARLSBAD, a municipal RANCHO CARLSBAD OWNERS
e f California ASSOCIATION, INC.
a California nonprofit mutual benefit ::;ora~
Name:' M /.... Hu.tUSIC./IEIL
APPROVED AS TO FORM: Its: President
Celia A. Brewer, City Attorney
By [le_j___ L ]q?
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EXHIBIT "A"
Affected Units Spreadsheet
Exhibit "A"
Mod.
Type Unit No. House No.
B 229 3405
SM 228 3411
SM 227 3419
SM 226 3427
SM 225 3435
SM 224 3443
SM 244 5302
SM 245 5310
SM 246 5318
SM 247 5326
SM 248 5342
SM 249 5350
B 250 5358
B 251 5366
SM 289 3432
Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain
Street Name
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Don Alvarez Drive
Utility
Markout Skirtin£
Below Elevation -House Lift
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
$ 500.00 $ 1,100.00
Tiedowns
$ 3,200.00
$ 2,800.00
$ 2,800.00
$ 2,800.00
$ 2,800.00
$ 3,200.00
$ 3,200.00
$ 2,400.00
$ 3,200.00
$ 2,800.00
$ 3,200.00
Custom Modification Below Elevation -House lift
Custom Modification Below Elevation -House Lift
$
$
$
$
$
$
$
$
$
$
Air cond. Survey/El Cert_._ Building Permit Process Consultant
475.00 $ 593.00
475.00 $ 593.00
475.00 s· 593.00
475.00 $ 593.00
475.00 $ 593.00
475.00 $ 593.00
475.00 $ 593.00
475.00 $ 593.00
NOAIR $ 593.00
475.00 $ 593.00
475.00 $ 593.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$ 83.00
$
$
$
$
$
$
$
$
$
$
$
400.00
400.00
400.00
400.00
400.00
400.00
400.00
400.00
400.00
400.00
400.00
Custom lump
Sum
$90,000.00
$90,000.00
$90,000.00
Total Est. Not to Exceed
$ 90,000.00 $ 5,728.39
$ 6,351.00 $ 6,351.00
$ 5,951.00 $ 5,951.00
$ 5,951.00 $ 5,951.00
$ 5,951.00 $ 5,951.00
S-5,951.00 $ 5,951.00
$ 6,351.00 $ 6,351.00
$ 6,351.00 $ 6,351.00
$ 5,551.00 $ 5,551.00
$ 5,876.00 $ 5,876.00
$ 5,951.00 $ 5,951.00
$ 6,351.00 $ 6,351.00
$ 90,000.00 $ 5,728.39
$ 90,000.00 $ 5,728.39
Don Arturo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 290 3440 Don Arturo Drive $ 500.00 $ 1,100_00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 c1v1 · .. ,,. ,· ;1~a' "'·:: _ $40$ · _.· -·· □riiic.;i~fot(~ii'.~'J"~~i~~;~p~-~~~~t,o~': 11ny;t1;i'f'.~~~~i&~0
'·:~'/: • ••• :; r . ;.::· ·' -< .: :::·7~,:< · : . . · ;'~·~· ·' <"<: .. ,/'.>. ·._· $s;~1s,o1<·· $ • '.!!:~f~'W'.'s·.>. :~:7¥8'~~'
NI 243 3407 Don Cota Drive New Installation $ $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 1,551.00 $ 1,551.00
SM 242 3413 Don Cota Drive $ 500.00 $ 1,100.00 $ 3,200.00 NO AIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 231 3414 Don Cota Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 241 3421 Don Cota Drive $ 500.00 $ 1,100.00 $ 3,200.00 NO AIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 232 3422 Don Cota Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00 CM'/f?' )(,,iooH: 0;/'3{~4'29,'. > .: Dort~dta 'qifvJi/:ilti.iliorn',fyt~'ctifri~{rciihliii\?:i~ilii&~~iQcy'.:»\tk,\ ir···i: . >-;;;:\~t,:f'. /.·. "{,:.: \',<),.:: f i ' -,•;\ /;i:?< .{,;. ,;;,{_ C . [ $i).;67~;op;.i,i/{}{ii;~j{i:iq,,)~W,>R;j:Z&-j§:
SM
SM
SM
SM
SM
SM
SM
SM
ctiA.
SM
233
239
234
252
253
254
272
255
256
SM 257
3430
3437
3438
3402
3408
3414
3415
3420 Don Jose Drive $ 500.00 $ 1,100.00 $ 3,200.00 $
. \34~3 : . .. ; Dori'Jose'QrN~>} : C~stdhl'.Md~if!c,~iio~',Li.i~~fo~i:f9'rjd,Riiii{ : <·.
3426 Don Jose Drive $ 500.00 $ 1,100.00 $ 3,200.00 $
3432 Don Jose Drive $ 500.00 $ 1,100.00 $ 1,600.00 $
47S.C 0 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 593.00 $ 83.00 $
R $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00 NOAIR $ 593.00 s 83.00 $
0 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 475.00 $ 593.00 $ 83.00 $
0 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 475.00 $ 593.00 $ 83.00 $
R $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00 NOAIR $ 593.00 $ 83.00 $
0 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 475.00 $ 593.00 $ 83.00 $
0 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 475.00 593.00 $ 83.00 $
-~
0 s 83.00 $
0 $ 83.00 $
3433 \. -;'oonJos~sLJtfye.,;_, 9ustomJ.il9d1f,ai:1,on?•Jmµw~l;cqn<!1i199;;~.1,~};: ;_ · .· ·.··• ,,:: ,c. ,.,· , , O<~ s,,,.,.(~'.i;') , •.• ·• cMi :;;/(iid'.J; <{~::=..,<· ,..__., _ _-,:
SM 258 3438 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00 83.00 $
SM 259 3444 s 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 593.00 $ 83.00 $
SM 260 3450 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00 83.00 $
SM 261 3456 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00 83.00 $
CM .•,J1i;:-.. ·•• -~~to ·sio,bdoJ)O-''<.'f '20;900:cxr :s ' . _sk;iB,39
SM 274 3438 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00 83.00 $
Rancho Carlsbad Mobile Homes in FEMA 1 OD-year floodplain
Mod. Utility Custom Lump
Type Unit No. House No. Street Name Markout Skirting Tiedowns Aircond. Survey/El Cert. Building Permit Process Consultant Sum Total Est. Not to Exceed
B 211 5101 Don Mata Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
CM 169 5102 Don Mata Drive Custom Modification -No Estimate $ 5,728.39
B 170 5106 Don Mata Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 212 5107 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
B 171 5110 . Don Mata Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 213 5115 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.CO $ 5,951.00 $ 5,951.00
B 172 5116 Don Mata Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 210 5117 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
B 173 5120 Don Mata Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 214 5121 Don Mata Drive $ 500.00 $ 1,100.00 $ 1,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,551.00 $ 4,551.00
SM 174 5124 Don Mata Drive $ SOD.DO $ 1,100.00 $ 2,800.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00
SM 209 5128 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 215 5129 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,000.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,676.00 $ 4,676.00
SM 208 5132 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 216 5135 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 217 5143 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076.00 $ 5,076.00
SM 207 5144 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 206 5150 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
SM 218 5151 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 219 5157 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076.00 $ 5,076.00
SM 205 5158 Don Mata Drive $ 500.00 $ 1,100.00 $ 1,600.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,276.00 $ 4,276.00
SM 220 5163 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 204 5166 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 221 5171 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 203 5172 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
SM 222 5177 Don Mata Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 202 5178 Don Mata Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
B 223 5183 Don Mata Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 168 5101 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ S,551.00 $ 5,551.00
SM 167 5105 Don Miguel Drive $ 500.00 $ 1,100.00 $ 1,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,351.00 $ 4,351.00
SM 151 5108 Don Miguel Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 166 5109 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,700.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,851.00 $ 5,851.00
SM 152 5114 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 165 5115 Don Miguel Drive $ 500.00 $ 1,100.00 s 2,700.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,851.00 $ 5,851.00
SM 153 5120 Don Miguel Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 164 5121 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,700.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,851.00 $ 5,851.00
SM 154 5126 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 163 5127 Don Miguel Drive $ 500.00 $ 1,100.00 $ ·3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 162 5133 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 155 5134 Don Miguel Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 161 5139 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain
Mod. Utility Custom Lump
Type Unit No. House No. Street Name Markout Skirting Tiedowns Aircond. Survey/El Cert. Building Permit Process Consultant Sum Total Est. Not to Exceed
SM 156 S140 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 160 5145 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,000.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,676.00 $ 4,676.00
SM 157 5146 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 159 5151 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00
SM 158 5157 Don Miguel Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 106 5202 Don Miguel Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 105 5210 Don Miguel Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 104 5216 Don Miguel Drive $ 500.00 $ 1,100.00 $ 1,600.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,276.00 $ 4,276.00
fl'i,if' . 53 .·;-,...,._,.•;,. 33-'!Q\ :6~h:ifa~iJorive •· ::cuii9rii":M¢i'l~i~tion ··· ,,. ~\;?~_-ft}j:--.... /\:<•-: .<$11,6'?1~00 ; <;j h,61sJi<l $ ; s';i.-7f39
SM 275 3434 Don Porfirio Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076.00 $ 5,076.00
SM 288 3435 Don Porfirio Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 287 3441 Don Porfirio Drive $ 500.00 $ 1,100.00 $ 2,000.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,676.00 $ 4,676.00
SM 276 3444 Don Porfirio Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
B 144 5101 Don Ricardo Drive Below ·Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
B 143 5118 Don Ricardo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
B 145 5119 Don Ricardo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 146 5125 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
B 142 5128 Don Ricardo Drive · Below Elevation -House Lift $90,000.00 $ 90;000.00 $ 5,728.39
SM 147 5135 Don Ricardo Drive $ SOD.DO $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
B 141 5136 Don Ricardo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 148 5141 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
B 140 5144 Don Ricardo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 149 5147 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 139 5152 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 1,600.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,751.00 $ 4,751.00
SM 150 5155 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
B 138 5163 Don _Ricardo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
B 137 5165 Don Ricardo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 136 5201 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 1,600.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,751.00 $ 4,751.00
SM 135 5211 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ S,951.00
SM 134 5215 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,600.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,751.00 $ 6,751.00
SM 133 5227 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,800.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00
SM 132 5239 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 131 5241 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 s 475.00 s 593.00 s 83.00 s 400.00 $ 6,351.00 $ 6,351.00
SM 130 5253 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 s 6,351.00 $ 6,351.00
SM 129 5255 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 s 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
SM 128 5267 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 127 5279 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 s 6,351.00 $ 6,351.00
SM 66 5302 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 1,600.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,751.00 $ 4,751.00
SM 65 5308 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
NI 64 5314 Don Ricardo Drive New Installation $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 1,551.00 $ 1,551.00
SM 63 5320 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain
Mod. Utility Custom lump
Type Unit No. House No. Street Name Markou! Skirting Tiedowns Aircond. Survey/El Cert. Building Permit Process Consultant Sum Total Est. Not to Exceed
SM 62 5328 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,lSl.00 $ 5,151.00
SM 61 5336 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076.00 $ 5,076.00
SM 60 5342 Don Ricardo Drive $ S00.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
SM 59 5348 Don Ricardo Drive $ S00.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 58 5356 Don Ricardo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 201 5123 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 1,600.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,751.00 $ 4,751.00
B 175 5128 Don Rodolfo Drive Below Elevation -House Lift $90,000.00 $ 90,000.00 $ 5,728.39
SM 200 5131 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475 .00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 176 5132 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 177 5136 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076.00 $ 5,076.00
SM 199 5139 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 178 5140 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 179 S144 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 198 5147 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
SM 180 5148 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 181 5152 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,000.00 NOAIR $ 593.00 $ 400.00 $ 4,676.00 $ 4,676.00
. :CM ;:,· :? •if:,:if\,;:/, '%tis~,'.·· · •:oo~'~od~ifd ~f~tf i:~-*¥\iifai.~illfj~~tio'ii!f'.:/}}\ti1J):{•":':)Cf"fi. ::· ··•·-.·•·· ;·):/:/t{i··. ·:::~:: .::~;;.t{}~J/L'•i . · sii)i1S:oo "\i :iJ'l.~J§'.9.!fi S:{\t1i~;a~ .
SM 182 5156 Don Rodolfo Drive $ 500.00 $ 1,100.00 s 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 183 5160 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,876.00 $ 5,876.00
SM 196 5163 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 184 5164 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 193 5192 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ -1,600.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 4,751.00 $ 4,751.00
SM 195 5198 Don Rodolfo Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 116 5201 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,000.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,676.00 $ 4,676.00
CM 117 5202 Don Valdez Drive Custom Modification -No Estimate $ 5,728.39
SM 118 5208 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 115 5209 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076,00 $ 5,076.00
SM 114 5217 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,076.00 $ 5,076.00
SM 119 5218 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83,00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 113 5223 Don Valdez Drive $ 500,00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 120 5228 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00
SM 112 5229 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 s 475.00 s 593.00 s 83.00 $ 400.00 s 5,551.00 $ 5,551.00
SM 121 5232 Don Valdez Drive $ 500.00 $ 1,100.00 s 1,600.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 4,276.00 $ 4,276.00
SM 111 5233 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 s 5,551.00
SM 122 5240 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
SM 110 5245 Don Valdez Drive $ 500.00 $ 1,100.00 $ 3,200.00 s 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 123 5246 Don Valdez Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 s 6,351.00
SM 109 5257 Don Valdez Drive $ 500.00 $ 1,100.00 $ 3,200.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 6,351.00 $ 6,351.00
SM 124 5258 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 NOAIR $ 593.00 $ 83.00 $ 400.00 $ 5,476.00 $ 5,476.00
SM 108 5265 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 $ 5,551.00
SM 125 5268 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,800.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,951.00 $ 5,951.00
Rancho Carlsbad Mobile Homes in FEMA 100-year floodplain
Mod. Utility Custom Lump
Type Unit No. House No. Street Name Markout Skirting Tiedowns Aircond. Survey/El Cert. Building Permit Process Consultant Sum Total Est. Not to Exceed
SM 107 5271 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,000.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,151.00 $ 5,151.00
SM 126 5272 Don Valdez Drive $ 500.00 $ 1,100.00 $ 2,400.00 $ 475.00 $ 593.00 $ 83.00 $ 400.00 $ 5,551.00 s 5,551.00
166 Total Units $ 68,500.00 $ 150,700.00 $ 367,100.00 $ 48,925.00 $ 82,427.00 $ 11,537.00 $ 55,600.00 $1,903,700.00 $ 939,455.45
A $ 784,789.00 Total Cost of Standard Modifications
137 Units requiring standard modifications (SM)
18 Units with floor elevation below flood elevation (B) B $ 5,728.39 Average Cost of Standard Modification
9 Units requiring custom modifications (CM)
2 Newer Installed Units (NI) C $ 154,666.45 Total of Average Cost Applied to CM and B units
D $ 939,455.45 Grand Total (A+ C)
EXIDBIT "B"
Written Notification of Program
(FORM)
NOTIFICATION TO AND ELECTION BY
ELIGIBLE HOMEOWNERS TO
PARTICIPATE IN FLOOD MITIGATION PROGRAM
The City of Carlsbad ("City") and Rancho Carlsbad Owners' Association, Inc. ("RCOA") have entered
into an agreement whereby the City will pay RCOA the sum of $940,000.00 to be used by eligible
Homeowners of Units in the FEMA flood plain to perform specific work on their home to ultimately receive
FEMA approval to remove the home from the flood plain. You are receiving this Notice as the owner of a
Unit which is designated as being in the FEMA flood plain and you are eligible to participate in the Flood
Mitigation Program.
The purpose of this Notice is to provide you, as an Eligible Homeowner, the opportunity to elect to
participate in the Flood Mitigation Program or to waive your participation in the Flood Mitigation Program.
This is an opportunity to mitigate flood hazards and to potentially remove your manufactured home from
the FEMA flood map. This is a limited opportunity and will not be presented in the future.
Your participation in the Program, or waiver of participation, shall occur within the following timelines:
1. Return of This Form. If you elect to participate in the Flood Mitigation Program, this Form must
be signed, dated and returned to RCOA on or before Ninety (90) days from [ ]. Return
this completed Form to: Administration Building at the Park.
2. Failure to Return This Form. If you elect not to participate in the Flood Mitigation Program or if
you fail to return this Form electing to participate in the Program on or before[ ___ ~!, then you
will be deemed to have elected to NOT participate in the Program, you will waive any and all
benefits under the Flood Mitigation Program, waive your rights to receive any benefits under the
program including payment of the costs of improvements to your home and removal from the FEMA
flood plain designation, and waive any and all rights to make a claim against the City and/or RCOA
regarding any future flooding or damage to you unit and/or home.
3. Completion of Construction Work. The construction work required under the Flood Mitigation
Program must be completed on or before [ ___ _,/. RCOA reserves the right to extend the date
for completion provided you are reasonably cooperating with the contractors, City and RCOA for
the completion of the work.
4. Schedule for Work. As the Election to Participate is returned to Management, you will be placed
on the list of participating owners for prompt attention by the City.
ELECTION TO PARTICIPATE
By signing below, I/we, the undersigned owners of the unit identified below, hereby elect to participate in
the Flood Mitigation Program and hereby consent to RCOA and its Contractor to access my/our unit for the
purpose of performing the required work.
Exhibit "B"
I/We, the undersigned, have (i) read or had the opportunity to read, the Settlement Agreement Regarding
Flood Channel Dispute between the City and RCOA; (ii) had the Flood Mitigation Program adequately
explained to us; and (iii) read the Indemnification and Hold Harmless Agreement between my/ourselves
and RCOA. I/We further understand the scope and nature of the work to be performed to my/our home
pursuant to the Settlement Agreement. 1/W e have had the time and opportunity to review the documents
and to seek outside counsel regarding this matter, if we chose to do so.
Name(s) on Title to Property: Signature
Property Address: _________________________ _
Mailing Address (if different): ______________________ _
Day Time Telephone Number: ______________________ _
Night Time Telephone Number: _____________________ _
Cell Phone Number and Name: _____________________ _
Email Address: ----------------------------
*FAILURE TO RETURN THIS FORM ELECTING TO PARTICIPATE WITHIN THE REQUIRED
TIME PERIOD WILL BE DEEMED AND ELECTION TO NOT PARTICIPATE*
ELECTION NOTTO PARTICIPATE
By signing below, I/we, the undersigned owners of the unit identified below, hereby elect to NOT
participate in the Flood Mitigation Program and understand and agree that our election means we will not
be el igible to receive funds to remove our home from the FEMA flood plain.
Name{s) on Title to Property: Signature Date
Property Address: _________________________ _
*FAILURE TO RETURN THIS FORM ELECTING TO PARTICIPATE WITHIN THE REQUIRED
TIME PERIOD WILL BE DEEMED AND ELECTION TO NOT PARTICIPATE*
FOR RCOA USE ONLY
Date Received by RCOA: ________ _
Exhibit "8"
EXHIBIT "C"
RCOA and City Indemnification Agreement Form
INDEMNIFICATION AGREEMENT
TH~ INDEMNWICA TIO~ AGREEMENT ("Agreement") is made and entered into as of the
~day of_/~~~--' 2016 ("Effective Date"), by and between RANCHO CARLSBAD
OWNERS ASSOCIATION, INC., a California nonprofit public benefit corporation ("RCOA")
and the CITY OF CARLSBAD, a municipal corporation of the State of California (the "City").
RECITALS
WHEREAS, RCOA manages, maintains, and operates that certain community commonly referred
to as Rancho Carlsbad, located at 5200 El Camino Real, Carlsbad, California (the "Community").
The Community consists of 504 individual units or lots upon which are placed manufactured
homes.
WHEREAS, City and RCOA entered into that certain Settlement Agreement Regarding Flood
Channel Dispute of even date herewith (the "Settlement Agreement"); and pursuant to the terms
of the Settlement Agreement, the City agreed to fund the sum of $940,000.00 for the purpose of
paying for the costs and expenses relating to modifying certain units within the Community and
obtaining required approvals to remove the manufactured homes upon such units from the Federal
Emergency Management Agency's 100 year flood plain designation in accordance with the terms
and conditions of the Settlement Agreement.
WHEREAS, the Settlement Agreement is to settle any outstanding, final or disputed obligations
that may be between RCOA and the City (and their respective predecessors-in-interest, successor.s
and assigns, as the case may be) pursuant to that certain Contract to Secure Future Public
Improvements, recorded in the official records of the County of San Diego recorder's office, as
Document Number 1998-0158219 on March 24, 1998 (the "Contract for Improvements").
WHEREAS, the purpose of this Agreement is to set forth RCOA's indemnification of the City
relating to and as consideration for (i) the settlement of outstanding obligations under the Contract
for Improvements, and (ii) the grant in the amount of Nine Hundred Forty Thousand Dollars
No/I 00 ($940,000.00) pursuant to the Settlement Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated
herein by this reference, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in consideration of the mutual exchange of the covenants
contained herein, the parties hereby agree as follows:
1. Release and Satisfaction. RCOA and the City hereby agree that the terms and conditions of
the Settlement Agreement and the City's payment of the Fund pursuant to the Settlement
Agreement shall be done in, and shall be considered the full, satisfaction of the terms and
conditions set forth in the Contract for Improvements. Upon the satisfaction of the terms of the
Exhibit "C"
Settlement Agreement, the City shall be fully released and deemed to have satisfied all terms
and conditions of the Contract for Improvements.
2. RCOA's Indemnification of City. RCOA hereby agrees to indemnify, protect and defend and
hold harmless the City, its City Council, its officers, employees and agents (the "City
lndemnitees") from and against any claims, damages, fines, penalties, losses, liabilities,
interest, obligations, costs and expenses, including reasonable attorneys' fees (colJectively
"Claims"), brought by any owner of a unit within the Community or RCOA against the City
lndemnitees relating to, arising from or out of (a) the City's grant of funds to RCOA in the
amount of Nine Hundred Forty Thousand Dollars ($940,000.00); (b) the City's processing of
the Elevation Certificates and LOMC (as each is defined in the Settlement Agreement); and
( c) the full release and waiver of the terms and conditions of the Contract for Improvements
( d) any claims for flood damage brought by the owner or occupant of any manufactured home
that arises from the Contract for Improvements .
3. Incorporation of Indemnifications. RCOA agrees to obtain an indemnification, hold
harmless and release agreement from the owners the Affected Units (as defined in the
Settlement Agreement) who elect to participate in the program and receive funds from the
City's Fund · pursuant to the terms of the Settlement Agreement (the "Owner
Indemnifications"). The terms and conditions of the Owner Indemnifications are incorporated
herein by reference and RCOA agrees to indemnify, protect and defend and hold harmless the
City Indemnities pursuant to Paragraph 2 above in connection to any Claim arising from or
protected under the Owner Indemnifications.
4. Defense. In the event the City Indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from (a) the City's grant of funds, processing of the Elevation
Certificate or the LOMC (each as defined in the Settlement Agreement), issuing permits in
connection with any work to be performed on a manufactured home or within the Community;
(b) the terms and conditions of the Contract for Improvements and any claims for flood damage
brought by the owner or occupant of any manufactured home; or (c) such other actions
specifically in connection with the Settlement Agreement, RCOA shall provide a defense to
the City Indemnitees or at the City's option reimburse the City Indemnitees their reasonable
and actual costs of defense, including reasonable attorneys' fees, incurred in defense such
claims.
5. Miscellaneous. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from
this Agreement and the remaining portions or parts shall remain in full force and effect. This
Agreement may be executed in counterparts and the signature pages combined to create one
and the same instrument. Signed copies of this Agreement transmitted by electronic mail or
facsimile shall be treated the same as originals. This Agreement shall be construed and
enforced in accordance with the laws of the state of California without regard to choice oflaw
provisions. In the event of any action or suit by either party hereto against the other arising
from or interpreting this Agreement, the prevailing party in such action or suit shall, in addition
to such other relief as may be granted, be entitled to recover its costs of suit and actual
attorney's fees, whether or not the same proceeds to final judgment. This Agreement shall be
binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs
Exhibit "C"
and legatees of all the respective parties hereto.
IN WITNESS WHEREOF, the duly authorized representative of each party has executed and
delivered this Agreement as of the Effective Date.
"CITY" "RCOA"
CITY OF CARLSBAD, a municipal RANCHO CARLSBAD OWNERS
f California ASSOCIATION, INC., a California nonprofit
mutua~l benefi~t corporation.
--=~~_,;.,...._ __ , City Manager By: ,-r1
Name~ ~StC/(<:-f'-
APPROVED AS TO FORM: Its: President
Celia A. Brewer, City Attorney
By:~<~
Exhibit "C"
EXHIBIT "D"
Unit Owner and RCOA Indemnification, Hold Harmless and Release Agreement Form
RECORDING REQUESTED BY AND
AFTER RECORDING MAIL TO:
Rancho Carlsbad Owners Association, Inc.
c/o The Loftin Firm, P.C.
5760 Fleet Street, Suite 110
Carlsbad, CA 92008
(Re: Unit No. )
A.P.N. SPACE ABOVE RESERVED FOR RECORDER'S USE
INDEMNIFICATION, HOLD HARMLESS AND RELEASE AGREEMENT
THIS INDEMNIFICATION, HOLD HARMLESS AND RELEASE AGREEMENT
("Agreement") is made and entered into as of the __ day of _____ , 20 I_
("Effective Date"), by and between RANCHO CARLSBAD OWNERS ASSOCIATION, INC., a
California nonprofit public benefit corporation ("RCOA") and
(individually and collectively, jointly and severally, as the case may be, the "Owner").
RECITALS
WHEREAS, RCOA manages, maintains, and operates that certain community commonly referred
to as Rancho Carlsbad, located at 5200 El Camino Real, Carlsbad, California (the "Community").
The Community consists of 504 individual units or lots upon which are placed manufactured
homes.
WHEREAS, Owner owns that certain unit commonly known as f ], Carlsbad
California, 92010, and Unit No. [ ] as more particularly described on Exhibit "1" attached
hereto and incorporated herein by this reference (the "Property").
WHEREAS, the City of Carlsbad (the "City") and RCOA entered into that certain Settlement
Agreement Regarding Flood Channel Dispute dated f ], 2016 (the "Settlement
Agreement"); and pursuant to the terms of the Settlement Agreement, the City agreed to fund the
sum of $940,000.00 for the purpose of paying for the costs and expenses relating to modifying
certain units within the Community and obtaining required approvals to remove such units from
the Federal Emergency Management Agency's 100 year flood plain designation in accordance
with the terms and conditions of the Settlement Agreement.
WHEREAS, the Owner has elected to participate in the program and receive reimbursement for
the Standard Modifications (as defined in the Settlement Agreement) and cooperate with the City
Exhibit ''D"
in obtaining an Elevation Certificate and processing a LOMC (each as defined in the Settlement
Agreement) to remove the Property from the 100 year floodplain designation.
WHEREAS, the purpose of this Agreement is to set forth the Owner's indemnification and hold
harmless of RCOA and the City in connection with, and as a condition to, the participation in the
Standard Modifications and processing by the City of the LOMC.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated
herein by this reference, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in consideration of the mutual exchange of the covenants
contained herein, the parties hereby agree as follows:
1. Owner's Indemnification of RCOA. Owner hereby agrees to indemnify, protect and defend
and hold harmless the RCOA, its directors, officers, managers, members, attorneys employees
and agents and the City, its City Council, its officers, employees and agents (collectively, the
"Indemnitees") from and against any claims, damages, fines, penalties, losses, liabilities,
interest, obligations, costs and expenses, including reasonable attorneys' fees (collectively
"Claims"), arising from, in connection with or relating to the receipt of reimbursement from
the City Funds, the performance of the Standard Maintenance or any other work to the Property
selected by Owner, the issuance of permits, obtaining the Elevation Certificate, processing the
LOMC and removal of the Property from the FEMA 100 year floodplain or the inability to do
any such items as a result of any interference or lack of cooperation by Owner.
2. City Third Party Beneficiary. The parties hereto specifically acknowledge and agree the City
is a third party beneficiary to this Agreement.
3. Defense. In the event the lndemnitees are made a party to any action, lawsuit, or other
adversarial proceeding arising from City's grant of funds, Owner's receipt of funds from the
City grant, the City's processing of the Elevation Certificate or the LOMC (each as defined in
the Settlement Agreement), RCOA' s oversight of the construction work or permit processing,
issuing permits in connection with any work to be performed on a manufactured home or
within the Community or such other actions specifically in connection with the Settlement
Agreement, Owner shall provide a defense to the Indemnitees or at the Indemnitee's option
reimburse the Indemnitees their reasonable and actual costs of defense, including reasonable
attorneys' fees, incurred in defense such claims.
4. Miscellaneous. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from
this Agreement and the remaining portions or parts shall remain in full force and effect. This
Agreement may be executed in counterparts and the signature pages combined to create one
and the same instrument. Signed copies of this Agreement transmitted by electronic mail or
facsimile shall be treated the same as originals. This Agreement shall be construed and
enforced in accordance with the laws of the state of California without regard to choice of law
provisions. In the event of any action or suit by either party hereto against the other arising
from or interpreting this Agreement, the prevailing party in such action or suit shall, in addition
Exhibit "D"
to such other relief as may be granted, be entitled to recover its costs of suit and actual
attorney's fees, whether or not the same proceeds to final judgment. This Agreement shall be
binding upon and inure to the benefit of the successors, assigns, personal representatives, heirs
and legatees of all the respective parties hereto and shall run with and bind the Property in
perpetuity.
IN WITNESS WHEREOF, the duly authorized representative of each party has executed and
delivered this Agreement as of the Effective Date.
"OWNER"
Address:_~-----------
Unit/Lot No. __________ _
"RCOA"
RANCHO CARLSBAD OWNERS
ASSOCIATION, INC., a California nonprofit
mutual benefit corporation
By: ___________ _
Name:. _____________ _
Its: President
Exhibit "D"
NOTARY ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
ST ATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ___________ , before me, ___________ ~ Notary Public, personally appeared
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature (Seal)
NOTARY ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
ST A TE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ___________ ...., before me,, ___________ ~ Notary Public, personally appeared
who 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature (Seal)
Exhibit "D"
EXHIBIT "1"
LEGAL DESCRIPTION OF PROPERTY
[to be inserted with final execution of form]
Exhibit "D"