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HomeMy WebLinkAboutCT 99-03; Villages of La Costa Greens; Tentative Map (CT) (4)Sempra Energy" July 10, 2001 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Attn: Don Neu, Project Planner Re: CT99-03/HDP 99-0I/SUP 01-004 Villages of La Costa - The Greens Dear Mr. Neu: This letter is to inform you that San Diego Gas & Electric Company is interested in the above referenced development by virtue of an existing overhead electric transmission easement and underground gas transmission easement within or adjacent to the subject development. Due to the restrictive nature of these transmission easements, any grading or other improvements around the transmission easements or that may affect vehicle access to and along the transmission easements will require written consent from SDG&E. Since there is potential for unacceptable impacts to our electric and gas transmission easements, SDG&E requests that you red flag the project and not issue a grading permit until we review the project with the developer to resolve any conflicts. Once negative impacts to our electric and gas transmission easements/access have been eliminated, SDG&E may issue a "Letter of Permission for Grading". By copy of this letter, I am requesting the developer or his agent contact me to discuss the project in relation to our electric and gas transmission easements. Early discussions could very likely eliminate delay causing design changes in the later stages of the plan approval process. Thank you for your cooperation in this matter. Should you have any questions regarding SDG&E land rights, please call me at (858) 654-1201. Sincerely, Michael J. Wiffiams Land Management Representative Duly Authorized Agent for SDG&E cc: O'Day Consultants Carlsbad CT 99-03HDP 99-01SUP 01-004.doc March 22, 2001 -^ -^r^ City of Carlsbad Planning Department Fred Arbuckle Morrow Development P.O. Box 9000-685 Carlsbad, CA 92018-9000 SUBJECT: CT 99-03/HDP 99-01/SUP 99-01 - VILLAGES OF LA COSTA THE GREENS All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 3, 1999, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (760) 602-4612, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. H( Planning Director MJH:DN:mh MILLER Adrienne Landers, Principal Planner Clyde Wickham, Associate Engineer Glen Van Peski, Consultant Engineer Jack Henthorn, Jack Henthorn & Associates Tim Carroll, O'Day Consultants File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CT 99-03/HDP 99-01/SUP 99-01 - VILLAGES OF LA COSTA THE GREENS Planning: 1. Final action on the Villages of La Costa Master Plan (MP 98-01), the amendment to the La Costa Master Plan (MP 149(Q)), a General Plan Amendment (GPA 98-01), a Local Facilities Management Plan for Zone 10, and Certification of an Environmental Impact Report (EIR 98-07) for the project are required prior to the proposed master tentative map and related applications being deemed complete. This is necessary so as to establish the standards by which the Master Tentative Map and related applications are to be reviewed. 2. Include al] of the application numbers in the upper right hand corner of the first sheet of all plan sets. 3. Submit an application and the required fees for an El Camino Real Corridor Special Use Permit. 4. Please submit a letter requesting that zone change application ZC 98-01 be withdrawn and the application fees refunded. 5. Clearly show and label the 100 year flood line for the before development condition. 6. Please provide the required certification listed in Section 21.110.150(4) of the Municipal Code signed and sealed by a registered Civil Engineer or other appropriately liscensed professional. 7. Provide a preliminary landscape plan addressing the items listed on the application checklist. Slopes which will not be regraded should be planted with permanent landscape materials selected from the planting palette contained in the draft master plan. Temporary slopes must have erosion control landscaping. 8. Please show on the tentative map the distance between all intersections and medium and high use driveways for the project's frontage on El Camino Real, Poinsettia Lane, and Alicante Road. 9. Provide proof of availability of sewer from the Leucadia County Water District. 10. Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by a registered civil engineer indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. 11. The plan must include contour grading as required by Zoning Ordinance Section 21.95.120(F) and as illustrated in the Hillside Development and Design Guidelines. Please revise the plans to include contour grading in areas previously discussed. 12. Development of natural slopes of over forty percent gradient and slope heights greater than forty feet in height are proposed which is not in compliance with the limitations of the Hillside Development Ordinance. In order for the application to be complete and for staff to consider this further please provide the written findings and plans required by Sections 21.95.130 and 21.95.140 of the Carlsbad Municipal Code. Draft exhibits and justifications for these areas have previously been reviewed at project meetings. The information should be finalized based on direction provided by City staff and the material submitted as a separate plan set from the remaining exhibits. ISSUES OF CONCERN Planning: 1. The area of most of the proposed lots listed on the lots and in the Table on Sheet 21 of the Master Tentative Map is not consistent with the areas provided in the Draft Villages of La Costa Master Plan and the EIR. The two must be consistent. This is important to the density calculations for each individual neighborhood. 2. Please revise the grading quantities on all exhibits so that the tentative map and associated exhibits reflect the same volumes as the Environmental Impact Report and Master Plan. 3. Trails depicted in the master plan must be incorporated into the master tentative map and constructed with the master tentative map improvements and grading in those areas where no additional future grading is proposed. 4. Please submit written correspondence from the wildlife agencies concerning the omission of parkway landscaping on the section of Alicante Road that crosses the wetland. The proposed 10 wide sidewalk/trail adjacent to the curb in this area is not the best design solution. City staff would prefer that landscaping be provided in this area even if it is necessary that a standard 5 foot wide sidewalk be provided adjacent to the curb and the right-of-way area behind the sidewalk is landscaped with native plants and trees. 5. Section 21.95.120(F) of the Hillside Development Regulations requires that all manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a circulation element road, collector street or useable public open space area shall be contour graded. Please revise the plan to include additional contour grading in those areas where it has previously been agreed that contour grading can be achieved. 6. Areas have been noted on the enclosed redlined checkprints where slopes over 40 feet in height not identified in the EIR or in excess of the height identified in the EIR are proposed. Please revise these areas to remain consistent with the EIR. 7. On sheet 3 of the Tentative Map include the arrow symbol on the northern boundary of proposed Lot 3 to show that access will be provided through'to Lot 2 and provide the same symbol on the southern boundary of Lot 2 on Sheet 3. 8. On sheet 5 of the Tentative Map the existing sewer pump station should be made a separate lot to avoid potential future problems with the homeowners association. 9. Several separate lots are proposed in the location of possible recreation facilities depicted in the master plan. Please provide a justification for creating these lots on the master tentative map as opposed to on the individual neighborhood tentative maps. 10. What is the reasoning for creating two separate lots (Lots 26 and 27) instead of one lot since the area represents Open Space Area 1 .D. 11. Remove the access point symbol to Alga Road from Lot 5 and replace it with two access points to Dove Lane. 12. Please show the SDG&E tower locations and access roads for the easement areas located within the project. Retaining an access road in the easement portion of proposed Lot 24 could also satisfy the access requests of the owners of Assessor Parcel Number 215-250-09 (Ruth Clark). 13. Revisions are noted on the proposed phasing plan. The phase 2 and 3 areas and grading quantities are incorrectly shown from the phases included in the master plan. 14. On Sheet 1 of the Constraints Map please modify the Biology Legend to include those items listed on the plan sheets but omitted from the legend. In addition, please circle all the items listed in the legend for the preliminary title report so as to be consistent with how they are shown on the individual plan sheets. 15. Please revise the grading quantities and graded area acreage on the Hillside Development Permit exhibits as noted to be consistent with the figures included in the EIR and master plan. 16. Enclosed is a redlined checkprint of the Master Tentative Map, Hillside Development Permit Exhibits, and Constraints Map containing additional plancheck comments. Revise the plans to address all the comments noted on the checkprints. Please return the redlined checkprints with 3 complete sets of revised plans to assist city staff in the review of the project. Engineering: We have completed our review of the tentative map for CT 99-03 dated Dec. 20, 2000 and have the following comments. As discussed previously, the project cannot be considered "complete" because of the concurrent processing of the master plan. The project does have issues that must be resolved prior to approval of the project. To expedite issue resolution and project processing, we are moving forward with review of the tentative map while the master plan and EIR issues are being resolved. ISSUES OF CONCERN Traffic & Circulation: 1. A horizontal and vertical alignment plan is required for Poinsettia Lane From El Camino Real to Melrose Drive. This requirement is the same for Bressi Development and the request to Morrow Development is more than 3 years old (September, 1997). The alignment plan should show lane configuration, alignment, points of access, future signals and a majority of traffic related issues. 2. Alicante Road is considered a Neighborhood Collector (as requested by applicant). As such it is intended to accommodate 1 lane in each direction with left turn pockets at intersections. North of Poinsettia Lane, adjacent to the proposed Park and School a bike lane should be added, as well as parking. The roadway alignment and grade is critical in that the projected volume of this roadway are at the upper end of a collector and the lower end of a secondary arterial. The traffic report indicates an ADT of 4500 south of Poinsettia Lane and a significant jump to 12,700 ADT north of Poinsettia Lane. Intersections, points of access, sight distance and design speed should be carefully evaluated to provide a roadway capable of handling the volume and the speed of traffic anticipated. 3. Alicante Road is considered a Neighborhood Collector, (as requested by the applicant) As such it is intended to accommodate 1 lane in each direction and north of Poinsettia Lane adjacent to Park and School a bike lane. The traffic report indicates an ADT of 4500 south of Poinsettia Lane and a significant jump to 12,700 ADT north of Poinsettia Lane. The roadway alignment and grade is critical in that the limits of this roadway are at the upper end of a collector and the lower end of a secondary arterial. Minimal grade and alignment criteria for a collector cannot be accepted. Intersections, sight distance and design speed should be carefully evaluated to provide a roadway capable of handling the volume and speed of traffic anticipated. Sheets 14, 15, and 16 need to show points of access, intersection grades and corner sight visibility lines. 4. The alignment of Alicante Road north of this subdivision is an issue. An alignment plan is necessary and a realignment to match the Bressi should be considered. As a 12,700 ADT "collector", this roadway is a valuable link in the City's network. The cross sections on El Camino Real should include stations or limits and should also show full right of way obligations. If right of way is necessary on the west side of the roadway it should be shown. Manitou Engineering is working on design and improvements from Cassia Road south to Poinsettia Lane, the tentative map should include this information, and alignment information as well. 5. Access from Camino Vida Roble to lots 1, 2, & 3 should be considered as a frontage road. We anticipate a connection to the north across Bressi Ranch that will tie into the traffic signal at the Via-Sat project, almost midway to El Camino Real. The access to lot 3 as shown on sheet 4 needs additional information for support from staff. The adjacent property access (south and north) needs to be shown. By approving this right in right out point of access, we could be setting up for a series of 3 right in right out access points within a short distance. 6. Median improvements to El Camino Real and to Alga Road are required. Median work on Alga Road at Estrella De Mar (closure)should be shown as well as limits of sidewalk construction eastward on Alga Road. Limits of the proposed improvements should be shown and notes should identify when construction is anticipated. 7. Traffic signals will be required. Locations of proposed signals should be shown. Phasing and construction timing for these signals should also be noted. "Signals will be designed concurrent with neighborhood development. Installation will occur when warrants are met and as directed by the City Engineer." See comment #1 regarding alignment plan for Poinsettia Lane. Signals will probably be required at Dove / Estrella De Mar and along Alicante at Street "C". 8. Gated entrances shall conform to City standards for turning radius, lane widths, stacking and median widths. Grading and Drainage: 9. There appear to be significant discrepancies between the grading quantities shown on the tentative map, EIR and master plan. Please cross-check and decide which are the real figures. The grading amount per acre shown on sheet 1 is considered excessive. The portions of grading required for El Camino Real, Alicante Road and for Poinsettia Lane should be separated to allow for the exemption of arterial grading. The adjusted amount will probably be within an acceptable range. (Alicante Road may not be considered an arterial because or previous requests to make this a collector). 10. The proposed grading or mass grading of rough pads should be clarified on sheet 1 under quantities. An explanation or note that graded swales have a min. of 2% flowline grade (Legend sheet. 1) and that setbacks from slopes will be increased to provide for positive, safe drainage, away from slope. 11. The tentative map references "letters of permission to grade to be obtained" for offsite improvements and/or grading. A letter of permission is required prior to approval of the tentative map. Prior to approval of the final engineering, a temporary easement will need to be recorded. 12. The access points to each neighborhood should be graded up front. Access from adjacent streets should also be graded up front to be consistent with development approvals. Future points as 2nd or 3rd points of access that satisfy the city's requirement could be shown. We are having problems with proposed development on lots without adequate points of access. As an example, lot 15 has been trying to fit 180? units with only 1 feasible point of access. 13. The grading needs to be updated to conform to the latest hillside development permit information in the EIR. No verification of slopes was done during this review. 14. The drainage outlets that are inaccessible should be designed to use D-41 outlet dissipaters instead of rip rap fields. This requirement is to address a maintenance issue that we have been conditioning all projects with. 15. A Floodplain Special Use Permit will be required concurrent with approval of the tentative map, and preparation and processing of a CLOMR through FEMA will be a condition of development. 16. The before development drainage / flooding and the after development change is not clear. The areas of detention, and flooding, and in the case of the proposed school freeboard to spillway needs to be shown. The SUP application can address this issue as well as the required findings and studies needed to support the proposed project. Subdivision Design: 17. Clarify the filing of multiple maps. Show the specific proposed lots including remainder parcel for each phase. Note lot numbering, EIR phasing, improvements, and LFMP infrastructure must be consistent. 18. The subdivision design must comply with City Standards regarding boundary, top of slope and setbacks. Comments noted on sheet 5 are typical of concerns thru-out this subdivision. A typical cross section of lot boundary (same as subdivision boundary) and drainage, swales and slope rounding should be used. 19. Relinquishment of access will be required and should be shown on the tentative map and addressed up front. El Camino Real, Alicante, Alga Road, Poinsettia Lane, except as shown and approved. The driveway for lot 15 on Alga Road is not approved. A majority of lots being created rely upon adjacent access for Cul De Sac issues, the tentative map should note this covenant or access requirement. 20. Single facility easement widths are generally 20' wide, double facility easements are generally 30' and concern over individual trenching, depth and feasible maintenance should be considered. Access to drainage facilities, temporary slope, and necessary construction easements should be shown. Letters of support from affected property owners should be submitted. Specifically (as an example) the access, grading & slope easements for Poinsettia Lane sheet 6 should be shown. The access, grading & temp, slope easements for lots 1, 2 & 3 should be shown. 21. Future easements or points of access should be shown (Lot 1 & Lot 7,Bressi Ranch). Shared intersections or points of access should be shown (Lot 3 & Bressi Ranch). 22. Revise water system to conform to latest water master plan revisions being prepared by Wilson Engineering. No check of the water system was done during this review. 23. Revise sewer system to conform to latest sewer master plan revisions being prepared by Wilson Engineering. No check of the sewer system was done during this review. 24. Change the heading "LOT AREA" to "PAD AREA" on lot area table, sheet 21 to be consistent with the Ridge and the Oaks Tentative Map. 25. Please see the attached redlined copy of the tentative map for further comments. Applicant must return the redlined print with the next submittal. Do not resubmit the tentative map until the discrepancies with the hydrology study, master plan and EIR are resolved, and until the grading has been changed to reflect the hillside development permit. GEOCON INCORPORATED GEOTECHNICAL CONSULTANTS Project No. 06401-12-02 August 16,2000 Morrow Development, Inc. c/o Villages of La Costa PMB #685 6965 El Camino Real, Suite 105 Carlsbad, California 92009 Attention: Subject: References: Mr. Fred Arbuckle VILLAGES OF LA COSTA THE GREENS, THE OAKS AND RIDGE CARLSBAD, CALIFORNIA CONFIRMATION OF CURRENT REPORTS 1. Supplemental Soil and Geologic Investigation [For] Villages of La Costa - The Greens, Carlsbad, California, prepared by Geocon Incorporated, dated March 24, 2000 (Project No. 06403-12-02). 2. Preliminary Geotechnical Investigation For: Villages of La Costa - The Oaks and Ridge, Carlsbad, California, prepared by Geocon Incorporated, dated January 10, 2000 (Project No. 06105-12-01). Gentlemen: In accordance with your request, this letter has been prepared to confirm that the referenced reports are the most current geotechnical studies for the respective proposed developments. The studies included additional field exploratory excavations and laboratory testing which supplemented previous investigations performed by Geocon Incorporated, as identified within each of the respective reports. It is our opinion that the two studies present findings and conclusions and recommendations that remain valid and applicable to the geotechnical aspects of developing the properties as currently proposed. If you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GE RCE 22527 AS:DFL:lek (4) Addressee CERTIRED ENGINEERING GEOLOGIST 08/31/01 6960 Flanders Drive • San Diego, California 92121-2974 • Telephone (858) 558-6900 • Fax (858) 558-6159 FILE COPY City of Carlsbad Planning Department April 19, 1999 Fred Arbuckle Morrow Development P.O. Box 9000-685 Carlsbad, CA 92018-9000 SUBJECT: CT 99-03/HDP 99-01/SUP 99-01 GREENS - VILLAGES OF LA COSTA THE The above referenced applications were deemed incomplete in a letter dated March 8, 1999. The incomplete application determination was based on the status of the Villages of La Costa Master Plan as not approved. In that letter it was stated that a detailed listing of additional incomplete items and issues of concern with the applications and materials that were submitted would be provided. The purpose of this letter is to provide this detailed information for the applications. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 3, 1999, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (76O) 438-0894 r Please contact your staff planner, Don Neu, at (760) 438-1161, extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:DN:mh c: Gary Wayne Adrienne Landers Jack Henthorn Clyde Wickham Jack Henthorn & Associates Bobbie Hoder 5375 Avenida Encinas, Suite D File Copy Carlsbad, CA 92008 Data Entry Planning Aide Tim Carroll O'Day Consultants 5900 Pasteur Court, Suite 100 Carlsbad, CA 92008 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CT 99-03/HDP 99-01/SUP 99-01 - VILLAGES OF LA COSTA THE GREENS Planning: 1. Final action on the Villages of La Costa Master Plan (MP 98-01), the amendment to the La Costa Master Plan (MP 149(Q)), a General Plan Amendment (GPA 98-01), Local Facilities Management Plan for Zone 10, and Certification of an Environmental Impact Report (EIR 98-07) for the project are required prior to the proposed master tentative map and related applications being deemed complete. This is necessary so as to establish the standards by which the Master Tentative Map and related applications are to be reviewed. 2. Include the application numbers in the upper right hand corner of the first sheet of all plan sets. 3. Include on the title sheet the Average Daily Traffic generated by the project, broken down by separate uses. 4. Plot on the constraints map the location of all major vegetation, showing size and type. 5. Clearly show and label the 100 year flood line for the before and after development condition. 6. Provide a landscape plan addressing the items listed on the application checklist. Slopes which will not be regraded should be planted with permanent landscape materials selected from the planting palette contained in the draft master plan. Temporary slopes must have erosion control landscaping. 7. On the constraints map please include riparian or woodlands, archaeological sites, and wetlands. 8. A Corporate Resolution is still required to process a public facilities fee agreement for the project. Please provide this document to allow the necessary agreement to be processed and recorded. 9. Provide proof of availability of sewer from the Leucadia County Water District. 10. A circulation impact analysis is required for the project. The analysis must also evaluate the potential impacts of the project on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). Please refer to the application checklist for the minimum information required for the study. 11. A Noise Study consistent with the City of Carlsbad Noise Guidelines Manual must be submitted and accepted. 12. Two copies of a preliminary soils/geologic report are required. The reports submitted have a date of 1 988 and are based on a different plan. The report states it should not be relied upon after 3 years. 13. Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by a registered civil engineer indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. 14. The plan must include contour grading as required by Zoning Ordinance Section 21.95.120(F) and as illustrated in the Hillside Development and Design Guidelines. 15. Area or extent of grading. To define the area or extent of grading, the area in acres of both cut excavation and fill areas shall be calculated. This calculation shall be noted on the particular cut or fill area on the project plans. 16. Development of natural slopes of over forty percent gradient, a grading volume in the unacceptable range, and slope heights greater than forty feet in height are proposed which is not in compliance with the limitations of the Hillside Development Ordinance. In order for the application to be complete and for staff to consider this further please provide the written findings and plans required by Sections 21.95.130 and 21.95.140 of the Carlsbad Municipal Code. ISSUES OF CONCERN Planning: 1. The area of most of the proposed lots listed in the Table on Sheet 2 of the Master Tentative Map is not consistent with the areas provided in the Draft Villages of La Costa Master Plan. The two must be consistent. This is important to the density calculations for each individual neighborhood. 2. The "Flight Activity Zone" of the Comprehensive Land Use Plan (CLUP) for McClellan-Palomar Airport impacts an area of the proposed elementary school site in addition to the proposed Community Facilities Sites for The Greens. The CLUP includes on pages 12 and 13 that uses involving the assembly of large groups of people (defined as more than 100) are incompatible land uses within the "Flight Activity Zone". Please revise the master tentative map and the master plan to locate these facilities in areas compatible with the CLUP. The new locations for these facilities should be agreed to by city staff prior to plans and documents being revised and resubmitted. 3. Trails depicted in the master plan on Exhibit 5-9 must be incorporated into the master tentative map and constructed with the master tentative map improvements and grading. 4. Section 21.95.120(F) .of the Hillside Development Regulations requires that all manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a circulation element road, collector street or useable public open space area shall be contour graded. Please revise the plan to comply with this requirement. 5. Access to proposed lots two and three is proposed across property not owned by the applicant. Permission must be obtained from the property owner or an alternative access will be required. 6. A note on the bottom of sheet 1 of the master tentative map indicates that this project is to be completed in multiple final maps and phases and refers to a phasing map sheet which was not submitted. Please submit a phasing plan unless the map and grading are proposed as a single phase. 7. The typical street sections on sheet 2 are not consistent with the draft master plan street sections. The Engineering Department should be consulted regarding the appropriate street sections. The master plan and master tentative map must be consistent in the treatment of streets. 8. Enclosed is a redlined checkprint of the Master Tentative Map, Hillside Development Permit Exhibits, and Constraints Map containing additional plancheck comments. Please revise the plans to address all the comments noted on the checkprints. Please return the redlined checkprints with 3 complete sets of revised plans to assist city staff in the review of the project. Engineering: Traffic & Circulation: 1. An alignment plan is recommended to layout and show overall circulation, access and specific issues associated with this master subdivision. The plan would work well to show lane configuration, alignment, points of access, future signals and a majority of traffic related issues. 2. Alicante Road is considered a Secondary Arterial. As such it is intended to accommodate 2 lanes in each direction and a bike lane. The Proposed sections have merit but do not provide for the required lanes mentioned above. In addition, the meandering walkway is proposed partially offsite or outside of the public right of way. The walkway idea is good but should be entirely within public right of way and should be approved by the traffic division as a specific detail of this master tentative map. The approval from the Traffic Division should include the understanding that it is to replace sidewalk on both sides of the street and it is intended to provide a combination bike and walkway. 3. The alignment of Alicante Road north of this subdivision is an issue. An alignment plan is necessary and a realignment to match their development may occur. As a secondary arterial, this roadway is a valuable link in the City's network. From the Bressi Ranch plans that we have seen, the road may work better on the east side of this subdivision boundary. I have dashed in a schematic alignment on sheet 3 of the check print of the TPM. 4. The cross sections on El Camino Real should include stations or limits and should also show full right of way obligations. If right of way is necessary on the west side of the roadway it should be shown. Manitou Engineering is working on design and improvements from Cassia Road south to Poinsettia Lane, the tentative map should include this information as we are almost ready to condition the project. There is a fuel line at the point of connection with access and construction issues. 5. Access from Camino Vida Roble to lots 1, 2, & 3 should be considered as a frontage road. We anticipate a connection to the north across Bressi Ranch that will tie into the traffic signal at the Via-Sat project, almost midway to El Camino Real. 6. Poinsettia Lane should be shown to connect to the east and would fall under the discussion above regarding alignment, access, and lane configuration. We are aware that the Army Corps Of Engineers have concern over the alignment, location and width of this arterial. A realignment is considered a solution of their request and seems to fit the existing dedication and alignment from the La Costa Golf Course expansion (1980's). 7. Median improvements to El Camino Real and to Alga Road are required. Limits of these improvements should be shown and discussion or notes should identify when development is anticipated. A reimbursement or refund agreement should be negotiated early in the review process. 8. Traffic signals will be required. Locations of proposed signals should be shown. Phasing of construction for these signals should also be noted. "Signals will be designed concurrent with neighborhood development. Installation will occur when warrants are met and as directed by the City Engineer." Grading & Drainage: 9. The grading amount per acre shown on sheet 1 is considered excessive. The portions of grading required for Alicante Road and for Poinsettia Lane should be removed to allow for the exemption of arterial grading. The adjusted amount will probably be within an acceptable range. 10. The proposed grading or mass grading of rough pads should be clarified on sheet 1 under quantities. An explanation or note that graded swales have a min. of 2% flowline grade and that setbacks from slopes will be increased to provide for safe drainage. 11. The access points to each neighborhood should be graded up front. Access from adjacent streets should also be graded up front to be consistent with development approvals. Future points as 2nd or 3rd points of access that exceed the city's requirement could be shown. 12. The 100 year flood condition, detention basins, golf course drainage / flooding, and master storm drainage system should be reviewed. Poinsettia Lane alignment and flood control as proposed raise issues with before & after changes and with realignment ideas to provide more room and floodway. 13. The drainage outlets that are inaccessible should be designed to use D-41 outlet dissipaters instead of rip rap fields. 14. The before development drainage / flooding and the after development change is not clear. The areas of detention, and flooding, and in the case of the proposed school freeboard to spillway needs to be shown. The SUP application can address this issue as well as the required findings and studies needed to support the proposed project. Water: 15. The Developer shall provide detailed information to the District Engineer regarding irrigation demand in gallons per day and peak gallons per minute. 1 6. The entire recycled water system shall be evaluated in detail by Developer and District Engineer to insure that adequate capacity, pressure and flow demands can be met. 17. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right-of-way or within easements granted to the District or the City of Carlsbad. 18. Sequentially, the Developer's Engineer shall do the following: A. Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. B. Prior to the preparation of recycled water improvement plans, the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. 19. The following note shall be placed on the final map. "This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy." 20. All recycled water meters shall be placed within public right of way. 21. This project DOES NOT lie within Carlsbad's water or sewer service areas. The District will be reviewing the plans for recycled water usage (irrigation purposes) only. Subdivision Design: 22. The proposed lots are complicated and could be simplified for future development. The subdivision design must comply with City Standards regarding boundary, top of slope and setbacks. This issue is subjective and additional discussion should follow this review. Comments noted on sheet 5 are typical of concerns thru-out this subdivision. 23. Relinquishment of access will be required and should be shown on the map and addressed up front. 24. Easement widths are generally 20' wide. Access to drainage facilities, for temporary slope, and necessary construction easements should be shown. Letters of support from affected property owners should be submitted. Specifically (as an example) the access, grading & slope easements for Poinsettia Lane sheet 6 should be shown. The access, grading & temp, slope easements for lots 1, 2 & 3 should be shown. 25. Future easements or points of access should be shown (Lot 1 & Bressi). Shared intersections or points of access should be shown (Lot 7 & Bressi). All of these issues could be worked out on a traffic & circulation plan. • FILE COPY City of Carlsbad Planning Department March 8, 1999 Fred Arbuckle Morrow Development P.O. Box 9000-685 Carlsbad, CA 92018-9000 SUBJECT: CT 99-03/HDP 99-01 /SUP 99-01 - VILLAGES OF LA COSTA THE GREENS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Master Tentative Map, Hillside Development Permit, and Special Use Permit, application no. CT 99-03/HDP 99-01/SUP 99-01, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 3, 1999, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (760) 438-1161, extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, J. HOLZMlLLER Planning Director MJH:DN:mh c: Gary Wayne Adrienne Landers Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-0894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CT 99-03/HDP 99-01/SUP 99-01 - VILLAGES OF LA COSTA THE GREENS Planning and Engineering: 1. Final action on the Villages of La Costa Master Plan, the amendment to the La Costa Master Plan, a General Plan Amendment, Local Facilities Management Plan for Zone 10, and Certification of an Environmental Impact Report for the project are required prior to the proposed master tentative map and related applications being deemed complete. This is necessary so as to establish the standards by which the Master Tentative Map and related applications are to be reviewed. 2. A detailed listing of additional incomplete items and issues of concern with the applications and materials that were submitted is being prepared by city staff and will be provided to you. Henthorn & Associa£s 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 August 2, 2002 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Mitigation Monitoring & Reporting Program, Measure #4.5-1, 4.5-2A, 4.5-2B and4.5-2C Dear Mr. Neu: Enclosed please find the Consulting Services Agreement with RECON. The contract includes a scope of work for the preparation and execution of the Treatment Plan/Research Design program, excavation on the site and for the archaeological monitoring during grading activities. With the delivery of this document, the requirements for the contraction of a licensed archaeologists for Mitigation Monitoring and Reporting Program, Measures #4-5-1, 4.5-2A, 4.5-2B and 4.5-2C have been satisfied. Measure #4.5-2A does require that a note be placed on the grading plans. The note is located on Sheet 2 of Drawing Nos. 397-2 A, 2B & 2E/In addition, Measure 4.5-1 requires that a Treatment Plan/Research Design program be prepared and submitted to the City. The program is due to completed on August 15th and will be submitted as soon as it becomes available. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett@jhenthom.com. Sincerely, Bry$/ D. Bennett Associate Planner encl. RECON Consulting Services Agreement cc: Tim O'Grady - Morrow Development file JHA/BDB?VLC -1- .Eft4T RECEIVEDCOLLATERAL MANAG CONSULTING SERVICES AGREEMENT „„ RECM/Morrow JUL MOHHUW DEVELOPMENT Consultant: RECON Contract No: 458 This Consulting Services Agreement (the "Agreement") is made and entered into this 17th day of June, 2002, by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation (hereinafter called "Company") and RECON, (hereinafter called "Consultant"), in consideration of the mutual covenants and conditions herein contained. COMPANY'S AGENT. For all purposes of administration, supervision and implementation of this Agreement, Company's agent, Morrow Development, Inc., a California corporation (hereinafter called "Morrow") shall act for Company for all purposes regarding this Agreement. Consultant hereby acknowledges and understands that Morrow is acting herein as the agent of Company, and Consultant shall accept and recognize the actions of Morrow as though it were the contracting party directly. Morrow is the Development Manager for Company in connection with the real estate master planned community(s) known as Villages of La Costa (the "Project"). The parties hereto agree as follows: 1. Scope of Work. Consultant shall perform the consulting and associated professional services as more particularly described on the Scope of Work Exhibit "A" hereto ("Work") for the Company in accordance with this Agreement and the provisions contained in any exhibit supplemental hereto which shall be considered a part of this Agreement. Consultant hereby represents and warrants it has the requisite licenses or other governmental authorization to perform the Work at all times herein and its license number is set forth on the signature page. 2. Authorization to Proceed. Consultant shall not commence the consulting services prior to full execution of the Letter of Authorization attached hereto as Exhibit "C" ("Authorization") which will outline the amount of compensation to be paid, authorize any reimbursable charges to be incurred, designate Morrow's direct representative for this Agreement, specify the schedule for start and completion of the services, and provide instructions for identification and segregation of the charges. 3. Term of Agreement. This Agreement shall continue in effect until terminated by either party giving the other not less than 10 days prior written notice. However, if Company so terminates this Agreement and Consultant is not then in default hereunder, Company agrees to pay Consultant for all services performed through the effective date of the notice of termination, provided such work is in conformity with this Agreement and any Authorization subject to the terms of this Agreement. Page 1 of 16 4. Termination CauBPNotwithstanding the foregoing, Co^Bmy or Morrow shall have the right at any time, in its sole discretion, to terminate this Agreement if the Consultant fails to timely perform its obligations by giving Consultant written Notice of Termination, in which event Consultant shall immediately cease all services hereunder. Such Notice of Termination shall be deemed termination for cause. If Morrow or Company terminates this Agreement for cause, Company shall have any and all remedies and rights provided at law or in equity including, without limitation, the right to offset against any and all sums that may be due to Consultant any and all damages, costs and expenses incurred or suffered by Company or Morrow by reason of Consultant's breach or default. 5. Request for Payment. Subject to the provisions of Section 4 above and all other terms and provisions of this Agreement, Consultant shall be paid for all Work and any additional completed services authorized in writing and all reimbursable expenses incurred, to the extent the same were authorized by Company or Morrow pursuant to this Agreement, through the date of Notice of Termination. Consultant shall submit a written Request for Payment statement, certification and lien waivers and releases to Company in the form provided in Exhibits "B" and "B-1" of this Agreement or on a substitute form as reasonably requested by Company or Morrow. 6. Expense Approval. Before incurring any proposed reimbursable expense not specifically authorized in this Agreement, Consultant shall obtain Morrow's or Company's prior written approval of such expense. Company shall reimburse Consultant on a monthly basis for such pre-approved incurred expenses providing same are supported by invoice vouchers delivered to Morrow by Consultant and such detail information and documents as Company or Morrow may reasonably require. 7. Documents. Consultant shall submit status reports periodically as may be requested by the Company or Morrow. Expenses and reimbursable charges shall also be reported to the same individual. All design, drawings, specifications, technical data, and other reports, documents or materials provided to or produced by Consultant in the performance of its Work under this Agreement (hereinafter "Documents") shall be the sole property of Company and Company is vested with all rights therein of whatever kind and however created, including without limitation, all common law and statutory copyright. Consultant hereby assigns to Company, without additional compensation, all right, title and interest in all creations, inventions, ideas, designs, copyrightable materials, trademarks and other technology and rights, (and any related improvements or modifications), whether or not subject to patent or copyright protection, relating to any activities of Consultant in performing Work or rendering services under this Agreement. Consultant shall execute any and all instruments, including further assignments of interest, as may be required to transfer to Company any and all of Consultant's rights in and to the Documents and all rights incidental thereto. Consultant agrees that Company and Morrow shall have access at all reasonable times to inspect and make copies of all Documents. Consultant shall upon request of Company or Morrow, at their cost and expense, provide Company or Morrow with reproducible copies of all Documents. Without Company's prior written consent, Consultant shall not use any of the Documents it has prepared in connection with this Agreement on any other project Page 2 of 16 flior in connection with seWrces to be rendered to anyone otherTWSn Company. Upon termination or expiration of this Agreement, Consultant shall immediately deliver to Company or Morrow any original Documents prepared by Consultant in connection with this Agreement not previously delivered to Company or Morrow. As more particularly set forth in Section 12, Consultant shall indemnify, defend and hold harmless, Company and Morrow, and their Affiliates, from and against any claim, damage, cost, loss, or liability (including court costs and attorneys' fees) arising as a result of any alleged copyright infringement action or any other objection to Company's Document ownership or use arising out of or related to use of Documents prepared by Consultant under this Agreement. 8. Company's Use of Documents. Company shall have the right to reuse the Documents, in whole or in part, for any other Company project provided that in connection with such other project, Company shall indemnify Consultant with respect to all claims for property damage or personal injury arising out of such reuse. The foregoing indemnity shall not, however, apply if Consultant's services are terminated due to a breach of its obligations under this Agreement. Consultant may not use, in whole or in part, any of the Documents nor shall Consultant disclose same or make same available, in whole or in part, to any third party whomsoever other than as authorized by Company in writing. Company shall retain ownership of all formal published reports, studies, computer programs and files, maps, designs, plans, specifications and other work product prepared by Consultant to be used by Company in any manner it may find appropriate. Consultant acknowledges that violations regarding the use of the Documents could result in substantial damages to Company under this Agreement. 9. Consultant Supervision. Consultant shall supervise and direct all of Consultant's agents, employees and subcontractors performing Work or services, be responsible for all methods, sequences and procedures used and be responsible for coordinating all portions of Consultant's Work. Consultant shall perform the Work using the highest level of care and skill exercised by or expected by members of the profession currently practicing under similar conditions for master planned or other communities similar to the Project in Southern California. Consultant shall promptly supply to Company or Morrow in writing such other information which is or becomes known, in the course of performing the services, by Consultant or persons performing services, concerning facts which may materially affect the planning, marketing, design or construction of Company's property or Project. At all times in performing its duties hereunder, Consultant shall coordinate and consult with Company through Morrow to the end that major decisions as to the Project shall be made by the Company through Morrow. 10. Joint Venture. It is not the purpose or intention of this Agreement to create nor shall it be construed as creating a joint venture, real estate partnership, commercial partnership or other business relationship, other than Consultant being an independent contractor. Consultant shall act as an independent contractor with respect to performance of Work hereunder and neither it nor any of its employees, agents, or subcontractors will be deemed for any purpose to be the employee or agent of Company or Morrow in the performance of services hereunder. No federal, state, city or Page 3 of 16 other local governmentlWKome or social security taxes will B?Wnheld from Consultant's compensation except as required by law, and all such taxes will be reported and paid directly by Consultant. Consultant hereby defends, indemnifies and holds harmless Company and Morrow, and their Affiliates, for any tax liability of Company or Morrow, or their Affiliates, directly or indirectly incurred as a result of Consultant's failure to meet its tax and other obligations, in accordance with Section 12 below. 11. Approval of Subcontractor. No subcontractors shall be used by Consultant in connection with the Work without Company's or Morrow's prior written approval of such subcontractor including verification of subcontractor's license (if required), insurance coverages as provided herein and scope of the Work to be performed by such subcontractor. Consultant shall be solely responsible for any employee benefits, including, without limitation, wages, worker's compensation benefits, employment and social security taxes, and fringe benefits, to which Consultant's authorized subcontractors, employees or agents may claim to be entitled. Consultant agrees that only those persons approved by Company or Morrow will be involved directly and on a regular basis in providing the Work described above and overseeing the performance of such services, and that such individuals will devote sufficient time to the Work as will be required to complete the Work consistent with this Agreement. 12. Indemnification. Consultant shall indemnify, defend and hold harmless Company and Morrow, and their respective affiliates, subsidiaries, agents, members, employees, representatives, shareholders and officers ("Affiliates"), from any loss, damage, liability, costs and claims thereof, including without limitation, all court costs and attorneys' fees arising directly or indirectly out of Consultant's (i) acts or omissions outside the scope of Consultant's authority; (ii) in breach or default of its obligations under this Agreement; and (iii) negligent performance of services under this Agreement, except to the extent the same results from the sole gross negligence or the willful misconduct of Company, Morrow or their Affiliates. "Affiliates" also includes any company, partnership or other entity in which Company or its principals own, directly or indirectly, an actual or beneficial interest greater than twenty-five percent. 13. Insurance. Without in any way limiting Consultant's obligations hereunder, Consultant shall, during the term of this Agreement, maintain the following policies of insurance with insurers licensed in California holding a minimum rating of (i) AV or better or (ii) B+X or better: 13.1 Worker's Compensation as required by law and Employer's Liability with policy limits not less than $1,000,000 per occurrence and a separate Waiver of Subrogation issued for the benefit of Company and Morrow, and their Affiliates. 13.2 Commercial General Liability (Bodily Injury and Property Damage) insurance, the limits of which shall not be less than $1,000,000 per occurrence. Such policy shall be on an occurrence (and not a claims made) basis, including coverages for (a) blanket contractual liability; (b) broad form property damage; and (c) explosion, Page 4 of 16 Mazard; and (d) products and completed operations, to the extent applicable to the Work. 13.3 Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non-owned, and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less then $1,000,000 for Bodily Injury and Property Damage Liability combined per occurrence. 13.4 Professional Liability Insurance, the limits of which shall not be less than $1,000,000 per claim and in the aggregate with supplementary coverage for Contractual Liability to cover any liability assumed under this Agreement which is otherwise insurable under such Professional Liability Insurance. 13.5 None of the insurance coverages described herein shall be terminated, canceled, or substantially changed without thirty (30) days' prior written notice to Company and Morrow. 13.6 Without prior written consent by Company or Morrow, the deductible amount under any of the insurance coverage described herein shall not exceed twenty-five thousand dollars ($25,000.00). 13.7 Except for the insurance coverages required under Sections 13.1 and 13.4, the above insurance shall name Company and Morrow, and their Affiliates, as an additional insured with respect to Work performed hereunder, and contain a Cross Liability Endorsement which provides that the insurance applies separately to each insured and will cover claims or suits by one insured against another. Such additional insured endorsement(s) shall state that such policy is primary and that any insurance carried by an additional insured is excess and non-contributing. The additional insured endorsement for commercial general liability must provide coverage for completed operations if applicable to the Work. 13.8 Before commencing the Work, Consultant shall provide Company and Morrow an original certificate of insurance or certified copies of all policies, or other documentary evidence of the above insurance coverages satisfactory to Company. 14. Consultant Payment. 14.1 Payment to Consultant shall be made as set forth herein following delivery to Company of (i) a conditional lien waiver and release (for progress or final payment as applicable) in favor of Company and Morrow in form and substance satisfactory to release all claims with respect to such payment under applicable law, and (ii) Consultant's written certification in the form of Exhibits "B" and "B-1", attached hereto, executed by Consultant's authorized representative which shall contain an estimate by the Consultant of the "percent complete" of the services performed by Consultant for the payment period covered by the statement. Such statement shall also include, for items of work identified to be compensated on a time and materials basis, an estimate by the Page 5 of 16 Consultant of the "perc^BBmplete" of total hours worked byea^of the Consultant's employees and of the services performed by each such person. Such statement shall also include an itemization of all reimbursable expenses. Consultant's statements shall represent payment in full for the portion of the Work described therein and shall declare that; (i) the labor, services and materials, if any, covered by the statement have actually been furnished and performed; (ii) any liens which may arise as a result of applicable state statutes have been released or waived to the extent of the statement; and (iii) that all subcontractors, employees, or other persons have been paid in full for any labor, materials or services included in the statement. In the event all subcontractors have not been paid for releases therefrom obtained as set forth herein, Company may withhold from the payment due to Consultant, an amount equivalent to the purported sum owing by Consultant to such subcontractor until Consultant has paid such subcontractor in full or if such payment is in dispute, until Consultant has provided Company with an indemnity agreement satisfactory to Company with respect to the lien claims of such subcontractor. 14.2 Consultant shall submit to Morrow on or prior to the 15th day of any month a fully completed Request for Payment (Exhibit "B") for Work completed during the preceding month together with the supporting materials described in Section 14.1 above. Payment of such requests shall be made on, or prior to the 15th day of the subsequent month provided all certifications, supporting statements and/or lien releases identified herein are received within five (5) days of the submittal of such request for payment. In the event the supporting statements are not received within five (5) days after submission of payment request, payment shall be due on or prior to the 15th day of the first month after Morrow receives all supporting information and statements so long as all supporting statements and/or lien releases are received by Morrow prior to the twentieth day of the month which precedes expected payment. 15. Assignment. Consultant shall not assign its obligations hereunder without the specific written consent of Company which may be withheld in the sole discretion of Company. Company may, in its sole discretion, freely assign its rights and obligations to an entity deemed by Company as reasonably capable of performing Company's obligations hereunder and shall notify Consultant in writing of such assignment. Consultant specifically acknowledges that Company may at any time assign its rights under this Agreement without the necessity of consent of any third party. 16. Confidentiality. Consultant acknowledges that with respect to Company's Project, if such plans become generally known, Company's opportunities with respect to the Project would be prejudiced. Therefore, while performing services related to Company's Project, Consultant, unless approved in writing by Company or Morrow, shall refrain from disclosing the nature and purpose of its services to any third party, including real estate agents and brokers, except public agency staffs and individuals whom Consultant must contact in performing the Work, or its counsel or accountant. Further, in connection with the Company's Project, Consultant shall not, by itself, in connection with or in the name of another, or through affiliation with any entity, acquire property or rights in conflict with Company's interest. In the event Consultant does so, any such purchase, acquisition, option or contract will be deemed at Company's sole Page 6 of 16 option, to have been aspired on behalf of Company, and Consultant shall forthwith execute or cause to be executed any documents necessary to transfer such property rights or the rights thereto Company. All information acquired by Consultant, including materials prepared by Consultant, concerning the subject of the services to be rendered under this Agreement or Company's intentions with respect thereto, shall be considered strictly confidential ("Confidential Information"). Consultant shall not disclose any Confidential Information to others without Company's or Morrow's prior written consent, nor use the Confidential Information for any purpose other than as necessary in connection with the Work or additional services rendered in accordance with this Agreement. Disclosure to Consultant's employees and agents who agree to be bound by the terms of this Section 17 is permitted when required in connection with the Work to be rendered under this Agreement. Upon termination of this Agreement, Consultant shall return all Confidential Information to Company. Consultant agrees that ideas or concepts under consideration by Company or Morrow and disclosed to or developed by Consultant are confidential and proprietary to Company and may not be utilized by Consultant for any purpose other than in connection with the services to be rendered hereunder, nor disclosed to any third party unless authorized in writing by Company. Consultant agrees to commit its employees, advisors, agents, and subcontractors to protect the confidential and proprietary nature of these ideas and concepts. 17. No Gratuities. Neither Consultant nor its subcontractors, directors, employees or agents of any of them, will give or receive any commission, fee, rebate, gift or entertainment of material cost or value in connection with Consultant's services hereunder without prior written notification and consent from Company or Morrow. It is further understood that under no circumstances are Consultant, its directors, employees, agent or subcontractors or their directors, employees or agents to make any payment, or give anything of value, to any governmental official (including any officer or employee of any government department, agency or instrumentality) to influence a decision, or to gain any other advantage for Company or Consultant, in connection with services performed hereunder. Consultant will promptly notify Company of any violation of this Paragraph 17 and any consideration received as a result of such violation shall be administered as directed by Company. Additionally, if any violation of this Section 17 occurred prior to the date of this Agreement or Authorization to proceed, Company may, at its sole option, terminate this Agreement and, notwithstanding any other provision thereof or of any Authorization, not pay compensation or reimbursement to Consultant whatsoever for any work done after the date of termination. 18. Accurate Records. Consultant shall maintain true and accurate records in connection with its services and reimbursable charges hereunder and all transactions related thereto and shall retain such records for at least 48 months after completion of such services. Company may audit any and all records of Consultant relevant to any charges hereunder. Consultant shall also provide Company or Morrow a true and correct copy of any required license annually. 19. Compliance with Laws. Consultant and its subcontractors shall comply with all applicable laws, regulations, decrees, codes, ordinances, resolutions, and other acts of any governmental authority, including, but not limited to, Federal and state labor, Page 7 of 16 occupational health arlRafety, environmental and tax laws.Wuch are applicable to this Agreement and Consultant's and its subcontractors performance hereunder during the period in which the services are performed, and shall indemnify, defend and hold harmless Company, Morrow and their Affiliates from any damage, injury, liability, claims, fines and penalties resulting directly or indirectly from Consultant's or its subcontractors' failure to do so in accordance with Section 12. 20. California Law. This Agreement shall be deemed to be a contract made and performed in the State of California and will be governed by the substantive law of that state without regard to the principles of conflict of laws. 21. Attorneys Fees. If Consultant, Company or Morrow (including Affiliates of Company or Morrow) is a party to any action or proceeding to enforce any of the terms of this Agreement, the prevailing party(s) in such action or proceeding (as determined by the judge or presiding official) shall be entitled to receive from the non-prevailing party(s), the prevailing party(s) costs and reasonable attorneys fees, incurred in prosecuting, defending or appearing in such action or proceeding. 22. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR INSTRUMENTS RELATING HERETO OR DELIVERED IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO A CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT WILL, AT THE REQUEST OF ANY PARTY, BE DETERMINED BY ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (9 U.S.C. SECTION 1 ET SEQ.) UNDER THE AUSPICES AND RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), EXCEPT AS OTHERWISE PROVIDED BELOW OR AGREED BY THE PARTIES. IF BOTH PARTIES CANNOT AGREE ON AN ARBITRATOR WITHIN FIFTEEN (15) DAYS AFTER DELIVERY OF A REQUEST FOR ARBITRATION, THE ARBITRATOR SHALL BE APPOINTED BY THE PRESIDING JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF SAN DIEGO, PROVIDED SUCH ARBITRATOR SHALL HAVE AT LEAST TEN YEARS EXPERIENCE IN DEVELOPMENT OF RESIDENTIAL MASTER PLANNED COMMUNITIES. THE ARBITRATION WILL BE CONDUCTED IN SAN DIEGO COUNTY AND IN RENDERING ITS DECISION, THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, AND WHERE APPLICABLE, THE SUBSTANTIVE LAWS OF THE UNITED STATES OF AMERICA. ANY CONTROVERSY IN INTERPRETATION OR ENFORCEMENT OF THIS PROVISION OR WHETHER A DISPUTE IS ARBITRABLE, WILL BE DETERMINED BY THE ARBITRATOR IN ACCORDANCE WITH CALIFORNIA LAW. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE INSTITUTION AND MAINTENANCE OF AN ACTION FOR JUDICIAL RELIEF IN PURSUIT OF AN ANCILLARY REMEDY DOES NOT CONSTITUTE A WAIVER OF THE RIGHT OF ANY PARTY, INCLUDING THE PLAINTIFF, TO SUBMIT THE CONTROVERSY OR CLAIM TO ARBITRATION. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION UNDER CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES Page 8 of 16 \mEFPROVISION. IF YOU R0WSE TO SUBMIT TO ARBITRATION AWER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. WE HAVE READ AND UNDERSTAND THE FOREGOING INITIALS AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. Company's initials Consultant's initials 23. Entire Agreement. This Agreement constitutes the entire and integrated agreement between the parties and all prior and contemporaneous negotiations, representations and agreements, written or oral, if any, between the parties with regard to the subject matter of this Agreement are superseded and canceled hereby and shall not be used to interpret to construe this Agreement. No amendment or other modification of this Agreement shall be effective or enforceable unless in writing duly signed by Company and Consultant. 24. Notice. Wherever in this Agreement it shall be required that notice or demand be given or served by either party on the other, such notice or demand shall be given or served only if in writing and personally served at or forwarded by certified or registered mail, postage prepaid, addressed to the parties specified below. Any notice or demand given by mail as aforesaid shall be effective the second business day after mailing. Either party may change such address by written notice given in accordance with the terms hereof. Personal service may be by means of messenger, courier, commercial service such as Federal Express, telegram or telecopier or similar electronic delivery and shall be effective upon receipt. To the Company: c/o Morrow Development, Inc. Mailing Address: 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Delivery Address: Same as Mailing Address To the Consultant: At the address provided on the signature page. 25. No Waiver. The failure of either Consultant or Company to insist in any one or more instances upon the strict performance of any of the terms of this Agreement or to notify the other party of any default hereunder shall not be construed as a waiver or a relinquishment of the right to insist upon future performance of such terms or the right to thereafter declare a default hereunder. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 26. Morrow Agency. Company has represented to Consultant that Morrow is the authorized agent of Company and authorized by the Company to act as the Development Manager on behalf of the Company regarding this Agreement. Consultant Page 9 of 16 , srairacknowledges and agreWthat Morrow, its officers, directors, shareholders, and employees shall have no liability under this Agreement and that all rights and liabilities under this Agreement shall be those of Company. 27. Conflict. In the event of a conflict between the terms of this Agreement (and any authorization issued pursuant hereto), and any proposal, contract or exhibit prepared by Consultant which may be attached to any Authorization, the terms of this Agreement shall prevail. [Remainder of Page Intentionally Left Blank] Page 10 of 16 28. Survive Termination. Those provisions regarding confidentiality, indemnity and other similar covenants shall survive the termination or other expiration of this Agreement. In witness whereof, the parties have signed this Agreement in duplicate or counterpart originals effective the first date set forth above. CONSULTANT RECON COMPANY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation By:. Its: 1927 Fifth Avenue, Suite 200 San Diego, CA 92101-2358 APPROVED: MORB Its: , INC. -red M. Arbuckle President Page 11 of 16 EXHIBIT "A" SCOPE OF WORK Consultant: RECON Contract No.:458 Consultant agrees to furnish all labor, personnel, materials and equipment necessary to perform the Scope of Services (the 'Work") described below and to complete performance of the Work in accordance with the performance schedule or the completion of dates set forth below. Consultant shall exert Consultant's best efforts, skill and judgment and shall exercise all due diligence to complete the Work in accordance with the terms of the Agreement to which this Exhibit is appended and in the most expeditious, sound and economical manner. PROJECT DESCRIPTION: Greens Phase 1 Grading Archaeologist SCOPE OF WORK: Provide the required archaeological mitigation and reporting as required by the Villages of La Costa Master Plan MP98-01. The specific scope of services is as follows: Task 1: Treatment Plan/Research Design Prepare a Treatment Plan/Research Design for the completion of Phase I sampling at CA-SDI-4846 Locus B, and for the completion of monitoring during initial grubbing and construction grading at and in the vicinity of CA-SDI-4846 Locus B. The treatment plan will provide details of the sampling approach, research questions and data needs, special studies and reporting expectations. The research design will also present the rationale for extended sample recovery in the event that significant findings result from Phase I sample effort. Estimated Subtotal Task 1: $3,823.00 Task 2: Excavation The MMRP requires completion of an evaluation excavation program at CA-SDI- 4846 Locus B. The excavation program is presented in phases, as the requirement for additional excavation is dependant upon the results of the initial phase of work. The estimated cost for completion of the Phase I sample recovery of fifteen (15) excavation units and reporting: Estimated Subtotal Task 2: $37,541.00 Task 2 includes: a. Complete the excavation of up to fifteen (15) one by one meters sample units within the boundary of CA-SDI-4846 Locus B. Page 12 of 16 b. Submit one (1) simple for radiocarbon analysis. c. Submit two (2) samples for obsidian hydration and sourcing. d. Clean, sort, catalog and analyze all recovered artifacts and ecofacts. e. Prepare site record update and/or new resource records for up to five (5) sites. f. Prepare a technical report with the results of the Phase I sampling and monitoring including special studies, analysis of the recovered materials and recommendations for additional work as appropriate. Task 3: Construction Monitoring Also required by the MMRP is the archaeological monitoring during grading at and adjacent to CA-SDI-4846 Locus B, includes preparation of the required letter of verification of monitoring commitment and a budget for the anticipated number of field hours for the monitor. This budget also includes preparation of progress reports and incorporation of final results in a technical report. Estimated Subtotal Task 3: $8,035.00 TOTAL CONTRACT: $49,399.00 Task 3 includes: a. Provide letter of verification to the City of Carlsbad to fulfill archaeological monitoring commitment. b. Provide up to forty (40) hours of field monitoring at and in the immediate vicinity of CA-SDI-4846 Locus B, including pre-construction meetings and initial evaluation of discoveries. Additional work such as expanding testing, data recovery and management of discoveries made during monitoring will b completed upon Morrow's additional authorization, as necessary. Expenses, such as printing are additional. ConsultanVsTTnr Company's Initial Page 13 of 16 EXHIBIT "B" REQUEST FOR PAYMENT CONTRACT NO. 458 JOB NUMBER/DESCRIPTION: 71-21 /Greens Phase 1 Grading CONSULTANT: RECON 1927 Fifth Avenue, Suite 200 San Diego, CA 92101-2358 The undersigned Consultant hereby requests payment pursuant to the invoice attached showing the personnel, time, and rate for each of the work tasks described in the Scope of Work: Invoice Number. Date: Invoice Period: Consultant's Approval: Initial Contract Amount: Addendums to Date: TOTAL Contract Amount: Percent Complete: $49.399.00 $ 0.00 $49.399.00 See Attached Spreadsheet Please submit to:Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 Page 14 of 16 RECON Contract Number 458 6/18/02. WORK DESCRIPTION ARCHAEOLOGIST (71-21/20-2160) TREATMENT PLAN/RESEARCH DESIGN (TASK 1} EXCAVATION (TASK 2) CONSTRUCTION MONITORING (TASK 3) TOTAL-CONTRACT #458 REIMBURSABLES 71-26/90-9140 TOTAL-REIMBURSABLES TOTAL THIS INVOICE CONTRACT AMOUNT 3,823.00 37,541.00 8,035.00 49,399.00 N/A N/A PREVIOUS AMOUNT BILLED 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT DUE THIS PERIOD 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Complete: TOTAL BILLED TO DATE 0.00 0.00 0.00 0.00 0.00 0.00 0% CONTRACT REMAINING 3,823.00 37,541.00 8,035.00 49,399.00 N/A N/A Page 1 of 1 EXHIBIT "B-1" CERTIFICATION OF THE CONSULTANT I HEREBY CERTIFY that the work performed and the materials supplied, if any to date, as shown on the accompanying Request for Payment dated , represent the actual value of the accomplishment under the terms of the Contract (and all authorized changes thereto) between the undersigned and Company in connection with the above referenced project. I also certify that all payments current for, (i) all materials, equipment and labor used in, or in connection with, the performance of the Contract, and (ii) all laborers and other personnel employed directly by me and performing work on the project through the periods covered by prior invoices paid by the Company. I further certify that to the best of my knowledge I have complied with performing work on the project. I further certify that to the best of my knowledge I have complied with federal, state and local tax laws, including social security laws and unemployment compensation laws and worker's compensation laws insofar as applicable to the performance of the Agreement. I further certify that the amount received under this payment request will be applied to discharge all labor, labor trust funds material and subcontract obligations applicable to this project and up to date thereof. The labor, equipment or materials (or any of them) covered by this Request for Payment have been furnished and performed as called for by the Agreement. All material suppliers to, and laborers for the undersigned, have been paid in full for the goods or services included within the Request for Payment or will be paid with the proceeds of any disbursement made pursuant to this Request for Payment, which disbursement will be received in trust for that purpose. Undersigned shall hold harmless Company, Morrow and the Project from any cost, expense (including attorney's fees) or liability arising out of the breach of the above Certification. ENDORSEMENT OF LIEN RELEASE To induce Company to make the Payment requested above, pursuant to: Contract No.:458 Invoice No.: the undersigned agrees and certifies as follows: (a) Any payment issued on the basis of this Request for Payment shall constitute payment in full to the extent set forth in the attached Request for Payment. (b) Any and all mechanic's liens, stop notices and other rights and remedies under the Mechanic's Lien Law of the State of California and related similar laws, are hereby released and waived to the extent of the Request for Payment. (c) Lien releases shall be in the form required by Civil Code § 3262. (d) The above waivers and releases are conditional and shall be effective upon receipt of the payment requested herein. Executed this day of , . Name of Consultant: RECON By: (Its Duly Authorized Agent) Page 15 of 16 EXHIBIT "C" LETTER OF AUTHORIZATION Consultant: Contract Number: RECON 458 This letter constitutes Authorization under the above-referenced Contract. All services performed under this Authorization shall be in accordance with the terms and conditions of such Contract. The Scope of Work to be done under this Authorization is as outlined in Exhibit "A". The maximum authorized for the services under this Authorization is $49,399.00. This amount is not to be exceeded without prior written consent of Company, reimbursable expenses shall be limited to reproduction, blueprinting, overnight mail and messenger service. All permitted reimbursable expenses shall be billed at actual cost plus a ten percent administrative charge. Each invoice will be accompanied by applicable receipts and documentation for reimbursables. Each invoice must include Exhibits "B" and "B-1", both completely filled out, including Description of Work or services performed, total amount authorized hereunder, amount of time spent, name of person/s who provided the Work and services described, and percent complete. Insurance Policies shall name Morrow Development, Inc. and Real Estate Collateral Management Company, and their respective Affiliates (shareholders, directors, agents, members and employees) as Additional Insureds: If to Morrow: Morrow Development, Inc. Attn: Fred Arbuckle 1903 Wright Place, Suite 180 Carlsbad, CA 92008 If to Company: Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 If this Authorization is acceptable to you, please indicate your acceptance by signing both copies and returning one copy to this office. COMPANY REAL ESTATE COLLATERAL MANAGEMENT COMPANY a Delaware Corporation CONSULTANT RECON Page 16 of 16 •r- 1541 CaelAod. O. »2MB UEIMBUKSSHPIT MJMttMEHT FOR T BI.1C 83-263L66 W ft 00 •mis ACRE£M«rr la atadc by the City of Carlsbad, a~5i>nielpal hereinaCtcr referred to »« 'City,* and DAOH -CORFOdATICN, hereinafter refer/red to •< 'Property t C IT* t. S NO FEE WHECEKS. Pceptrty Own«r lue appllkd c» city (oc • T«nt»tiv« Triet "top Ct 12- IS and • Condoniniua r«rntc c?-Zil tec • 40 lat/4»9 irfvit pco}«ac <PtaJ«etJT and WHEDCAS, It v*3 totlnd thte ta« project vk« M>« >ait>M* tow development In l;i ptaxiat condition, but t.vit it would be salt- •bl« lot dava)epiM;i« it cectaln public iBpcoveiMnit w«c* can* >ccxcc*d. Id p«r;lcal«c fcK< north h«lf of Mfl« (aid <ren* Mlc»Trt.e Koa4 t« Rl C*«lw» Mai txoadl I <nd hKCO£AS, ««alution N». 7039 oandUtonally apptovinf Uw >roj«ct Ln Condition H«. 47 ce^uUet! the PropertJ OVIMC to csr.ct.ruct the M«<J prior to <ta«l aap «n>cor«li *od wtt£*S»S( City H»» 4«V.%»Ut«d ttMt U>« p.ibllc interect Eeqallia ttw conctructioa of th« Ro«d in advance ol the tine* table (oc cJw d«veloe«ent eontenplatid by rroperty Owneci and WlEeCAS. rropartr owner, in coiMideratlon at the approval of H» Project desire* to, enter into thla •9tee««<i« uluretay City WMltf .OMcrvrt t»« »«»« vhil* i«evtli«9 that the Cltr would be relafeuraed tor the co«t at (aid cctucritction by rtopeitj «v«c, City luvlnci ttVkt«CBlM4 it to be In the public faterect to accept thla r«lMniCBe»«nt aireenect a* full co«pli*nee wlcn Property Omar'K ebllqatione under Candltion Ma. «1 a( ke»olutio« Ho. 7039. KM, TKCnerOfcC, IT 15 AC*rw> becveen tne partlee bore a as C«oti»ti 1 1 Upon BXecution ot thit afr»e*ent er within t reitonable tl*« tbereaftot, Property Ovn«r ahall convey to City I**k free ef ill liens si£l en.cuBbeTao.ces tha rlfht et v«y n«c»sstrr to conftruct the. Mad in coafenunca with -Isna provide* purttMot to Section J of thli afreeMnt within the rljrht-of-va/ w jJicxa ra Exhibit A attached hereto and nada • pan hereof. faction 7; Upon «xacutlon nl tfcl« i|;rH««nt "by V)O> ptrtlia, Prgperty Ovn»r *(rccs to idr»pce to City the tun of Thirty-Fir* 1h«U3ui4 tolloTi (J5S.600) to be used tovirds p»7»ent of the toad eonitructioft ceiti. Scctlan 3.' Xithin *« d«yj »I ch« J«to o/ ec«cuclan «f (Ai« •(reeaent. rreperty Ownar, In lieu of conitmttinj tha toad it required by CandltLoa No. 47 bafor* racerdatlan of tha ftaal «ap of th* rr»j*ce it trttttfi, •er»«» to prorids ptmi ori ipveifi* ettions for the toad construction approved by tke City Engineer. 5*V4 pl«» tad »9*clfic*tle%i ihali V* i»T»-»iU«d without cast- »r tspcn*« to City. • Section 4; After tin alini and *p«elfleatioM are proTlded \o City, »7i4 »i »<nm tS«rt»ft«T a> practical*, City itull- ei»- «BC« caiutnictlan wid d]li(*ntly punue to conplvtion tha biale to»d ImprfFMwnxj to ulntain tafety ataadaria lit kccardanee with laid plan* and specification!. The means frr and nanner of <ai< coAstToctlon snail be at tlia sole tit .rattan of city. B«n (hall construct the nltliuta toad inprgvciaeais in *ccardaitce with •sail plan and tpecif Icationa •» a condition of approval of future tentative ittbdlrliiov aiapa for dsvelajnent tn La Cttfta 5'. ?T«peTty OWIMT, in lieu of •consxtuttlnt the Koto* as required ty Condition No. 47 of Resolution Mo. 'Oj9 kef or* recordatlaa of th« final •*? of tae »roj«ct and la return for the construction of the tond by City, iirees t« roinbur- a .2- city (or tha total construction co»t« o th* *<j«a *s h«t«ln»tt«c provided. ».t the tiM of completion end acceptance of the ReajJ conatructloo, the City Council of City (ball determine tha total coats to b« f»l4 by Property Ownat based On the final aaovat City pel* to the toad eoiwtractloa contractor, plua U)o coot* of tonttact Inspection a«4 «<b»(ni<cr<cion,' plo« (inplt int«ca>« at •n aonoAl rat* «£ ten percent <10«r *"• tl»« data of ^mpUtian and ace«pu«oca by City until tb« nancy la c*patd by fcopttty Ovner. City shall pcavlde *tOf*tty Oun»c with >n a«<»i.t»d accounting of th« total koad eontttixtlon c»ata B«ttln9 faith tfi« tncunte p«ld {or »*tecl«l« *Ad labor, vbich audit »h«ll b« approved »y th« City Kanagrt. S»W audit atoll bo glvon to ttoporty Omwc at t(t« tide of eoapletioo tnd acctptanen of tn« Xoad comtcuetlon. »roporty ovnor aball cainbara* City tor th« total Koad eonitructlon c^ata plua inspection and a4alnlicrat.ii>n f«a» onH accrued Intercot »lnu» tha ciua of Thlrty-Vlvo Tt.owaa.nd oollac* tni.WOl, meld amount h«»loj boon «dv*neo<i to City puf- aoant to Stetioo, 1 ot tall Mto«Mnt. Ci fcopotty OviMr vital! pay the full ••aunt »«ction S of thli *qre«itent within.39 ««ya el cite •d»t« tha City Council oC City ocftelally appc«««o t*« llimt t»Bt«tlr* *fiMlvl«lon raop laa that tor* io ui«4 In Eoctloo t(47i of th« Ctilfcmla Concoeoat Code) lot all or oof fart of Ut« area nirth o£ U<|« «oa<J and ea«t of el C««iito X*«l fcnowti « £« Coita Morth«n*t aa cfeown «.i tbo jup Backed Cnhlbit I ottaetooo hotato and Mdo * part b«re«t. TWO vawitnt. pcorlalon uf thla •vctlwt alwll not aiij.ly to pare*! up appror«la. loctlon 71 City s«r««o that wtoeutlon e * till a itgroocMnt elial' oottatlttftc full ••tlefoetlan of fropocty Ovnor'* BhUgj- ilon to City u/K»»r Condition Bo. VI »t toaoltttton Mo. T0)« l<M TrMt Dap CTC2-1J. it TM» o^Toowtttt and tin covenant! cotitaknotl h«c»ln shall cu« wltfc tha loud »howa on tx>>5bH -»" ond bo blrxliaq upon and Inuco to too ben««t <rl th« »»CC««»at»« and tc*<ufata«« of.Clty and Vrop«<ty Oumc. . /-''/«*» /• • rS- acton »! IB ..a* event of any l«g»l action er pr«cc«dlng brought fcy • islwr partf r(iinil ch* och«r t» enforce or inter- pret anjr provision >f this »|c«c<wat., die vrtf»ilin? t"»Tty b« •titlcled t» recavcr the fuel of li^ «ttorn«r» plus court coiti «» «11 £««« md ca*t> m»l«ci«t*4 »ith an »pj»«l until ttnit d«t«»in»ti«-n. DAOM COWORAT10K City Clark APPROVED AS TO FOR*; 1544 S.ctfcm Si la *»e «Y«nt ef wy X «lthV P«tT «»tlj|It th* prtc *ay prvrislen «t thlr Bfroeimkt, ' t« entitled ta recover the fe«s of Iti *i vail (i »11 feel *nd costs tisoci*1 vatil final deter»Vn»ti«R. Bated: (O':^ j .•ctiwn or pr«ct«*i&( «T laier- plu« court coits vith ut », . .^gjyjay^yW. AT C^2.tffit~>Il/~JdilA>VT: Vici CITT DF CAK-SMD, * MunicipalCorperattan of th« Stilt ot ATTEST: _ETrarcrwffTt City ««rt APPROVED M TO MUM! Cfji*>£±*fm ? flNUMT l;.City Attom«r IL. r «»K» «rrn«««« »n t»«1547 'f\ 0 HGDOWO* | LOTA I **" *» I V/C/MTY •.'.' ••. • l • f' «r-U.to ' *-i.-'""'--.":iSv P• L_ cm of WHAW>-1-HXJ.C1. AvenueCtrUtwi C*. ?l«J4 tinoiTJCXAL i:tiiTiric*Tt tr cwfun (tectlen W>33,35 of tl«a Comment Cade) The CUT t»»i»e«r hat detaralrxd that the real property described below hat not beendivided tn co-»i;a«c. with the Subdivision H,f Act and Klin in* arovlsient of the Carlsbad -•Kmicipal Coda pursvsnt tharsto. It hat further (KM d*t«rai(«*4 that the »rea«rty can 'brou|«t Inta coeollanea -Itt. <».• Stau ftop met a«d ••h.Carltkad (V/,!eiF.1 Code pr» •' ' UM ceaditioni » tilted balevr are eaoptled with to tin lattsfacttoo of the CUy I OWNtR(l): S*0» CTWORATION IKacrlttion: <Sc« Exhibit "V aetKh«4) -NOTE: TIM <e*er!ptlo<i In Cxhlklt "A" attached >»• »ccn provided by the OUMF ofY «•' /wither Mxi City «f C«r!«a«d acr *»r'of '" afftttn «rropootlMlltr '«<• fw *GearKf ft Mid d«aeript(ai>. Thlf cwtlficat* •' Ccurllaoci Hull Ka»« M fare* Md «fFuc If th« above e«ncn er any subii^amt trtn<f«re« ar aitlyM* «c^«jlT«» *wy «o»'.<fua<M proe««ty otSer than £ lac er lati ihaui •• a MMrdW auMUIilon p«p. parcel •*# er record er survey °*f f'1*1 aurtuMt t« a«d art or to the reiwil (!l»tl, 115$. Ctu 1S1J) «f Suctiv* US7$ »* tk« and fre<«flen* Cntt. iics of any Oliver prop«rTy. CM-tineauef te^> lto.ce shall 1» i'ubj««( to the r>l lowing con«iticn*l Thi* Cirtifiuu of C«*pil«nca thill >n no way affaet th« rwiuCotmtft It'tc «r ftattft IJi«cy t*«C r«j«(»t« davetepnent *f 1. Tha lot tevtred kr U>!( Cirtlflcata of Co*>IU«« shall b« prvparlyin Ktec««fRa vitti ttw t'liTornl* Itata rwp *<( a»d any apelluble erdi«a<K« of the Carliaad Municipal Co4e prior to dcvelooneiit of the 'oc. flbe lots mthinEUOait -IT tnt be oroperty mergol onto on* lot.J Z. Tu Oxfc kutiUnes rut bo adjusted -to that tat prccl dt«c.ru»4 ia Exhibit "M1 (•cuchei) U lucKoA wiOiiA a single Ux coda. arc*. I. School Biestricx Axndirlex any oe «dfuie«t to KCitfy Carlx««t lta.ifi«d SchoolBiitrict md San fkrcm u,i(i«d School District. hta; Janmrr «. IMS il— MPANY! IDS* PIO MC/IJB. • SUITI zoz • c»SLsa».o.TCttFHOW - ARE* COOt 71«.7»-««l7 ••• 1549 or COWU&MCE.7/7/t* .It •* A parcel of land Ueinj a portion of lot A of Kancho XgQa ena, Kap 8Z3, on file In the office of the County Ttecorder of San DiegoCounty, State of California. »nd- portion* at aeexianv *3, 24. 23 and*« iu Tomship 1] SOttta. Hanae <l «»«t, S..i Bernardino IKradiMu inthe County of Can oiayo, State ol California, according to the officialplat thereof. 4.1 thv »o*t. northerly corner of parcel 3 *• •hevn en Parcelx»p No. 1111 oo fll* in th« oCfice of tk» catrnty Hccerder a£ s«idCounty ot.uiA SfcatM!. mild tarn«r »l»o b«ing • point of th* Ea*t-•rl|> i-ijttc at wr lin» of CJ CoBlno Real RQ*<1 ax chovr> OB Mid fixcalfHp no. lilt, Uienc* *\M>C the Northarlr. Ca*t«clr *A« Southcelykowndary lin«a et p«ccal > ol Mid Pa ret I n«p HO. n«| th« (oll««rtn«coorie*: South «- 17- 57* ta^t Z01>,7( <Mfc, Sooth 0»«1'03* West1J»«.66 l««t, Scuth ««17'!7- C»«t Zl«0.«4 CeCE; Sootb 0-«f '»- w«««344C.1« fc.t, souca 0-4J'31" Ve«e tiza.4a ft«t. South O-O'.V* W««t132..47 tMt, North »ojV.S4* WexC 305. CO f..r. to • point on northerlyJin» e( « 1CO.OO coat tr**»«iccioo ltn« ••>«wnt to San 01*90 Cis andtlectric Co^iaiqr, Book J273. P«»« «J2, recorded June it. 1»S4 OttieUl IWcord»i thoflca, «lon* U>« Borf-erly line ot said eavexent. South (0,*37*21* ra«t S41.1S feet to » oolnt en the Nartlvecly riabt ol mr lln* ofAl$« Hcud «i shorn on L* Co«va Noadowe Unit No. 1. Map Mo. ClftO on tilsIn the oftlea «C th* Covncy kacvrdar of Mid County, of cell! State,Mid point alao be-iAg on Che ere of » AOn-t»i»q«nt Kf.oe foot r»4tumHoirjiarlr, * radUl to xeid point b«*i» South 42"42'«* Ea<t; theroe,elonq the HorAerLy riqttt at ««j Lin« ot KVfk kocd a» tbown on (aidK»p Ha. (100 the follovlnf coacc«» We»texly elon« the arc of Midcurve t«>K>uvt> a caniral «n«U at 12*40'34- • dictanc* of 541.12 leetrthence. South 79*58 '31' H««t «79. OO teet to Xhe beainnla) of •>4». 00 /sot (-rdi» curve eonceva northerly! thene«. Mesfcerlyace «< sett curve throng* » central an^le et ZS*S4'OC* * dietaoce of42l.lt (eeti th«M«. la<«*in? the northerly right of way line of ««'dM«» ftwl v>«th 1I-51-J3- West 50.00 teet to a point on the northerlyboundary line nf La Cocta Valley Unit No. 4 at »hovm on Hap MO. 57B1on file in thr wffjce ol the Covncy Recorder ol maid County. &*id State.wid pclnc elco beinq OK the arc of a iw»n-t»n?*nt 4»J.OO Coot radiuscurv« concave Hortheaiiterly a r«dlal to said point beat* South 15'52'JJ'Meet iMuth 1S*^>«Q» vicvt icrorAtt \tatncc, aXong «hu itoTtherly bourl»ryI )W at Mid tup xo. 5711 the fallovin? cmrcei: Karthxecterlr alonfthe arc c.t «aia curve through a cootral aja^Je ot IJ'32'OO" * disttnc*at 407.4] feet. No.r«h WAS '17- Wc»t 34«.00 feet, I North S0*44'00* Westrecord! i CO the beo Inning of a tangent 1001.00 Itwt radiua curve con-| cave Southerly: thence, Weiterly ale«4 the arc of -'oid eurva Uirouoh ai centra) «<Mlc of la'lQ'SS* a 4L»tan«c oi »72.» foot. Bacth «fW'l»'I Vest »».«0 ta«t tcartia •S*14>>(* wo«t record)/ north 0»<tJ'3S- Cast TTM*«1 "••• «•• I ._!*««C.CI |fc^«*l L_ ^ -H- ii-i-6" t-t rvn. S0t5 PIO Pit PR. - SUITt 702 - C*RL4B*O. TtttPHOWt ^ • ARIA COOE 714 • , «OOi 1550 cen7ipio.T£ or COMPLIAJ«CE 7/7/S* i —g 17.09 feet {Hottli o'45'03- East record!: M>««ec. along the northerly ~»ovntnry <ine vi said H»p «o. S?tl cod t —- Northerly boundary line of la Costa vai;«y Vnit Vo. 1 ax choun on Nap Ho. 5434 on file in the- trffier of t.lte county Recorder of caid County, of (aid Scite, North 13-)c:5- «sst no.lt feat I North I9«14'5»" West record), to t»f most Easterly corner at an easement for public (treat p-irpocac de»ccibea in De.:ul.<*nt No. 7»-5S233S recorded Dec. 26. 1971 OfficialRecords: tSenc?. along the northerly line of caid easement Worth • 3'00'Of West 302.01 feet co a point in tn« westerly boundary 1 >e oT parcel 1 of said »«rc«l Hap Wo. lie*; tfcw:<.ce. along the Westerly line of tiifi parcel 1. tlic following courses: north o*l<*34" Ca«t ZfOS.Sl 'feet, worth Wlf*O~ Weie 1133.»O feat. *e» a point on the a.rc oi « w«v-t.ie\o«tic H5S.OO tool radius cvrv* concave C*st«rly and the Bitterly right «f ««y line of SI C»»itvo Real Rc«d at »Hown w> Boa-t Survey 1130-1 an file la tn* off ce of the Coitney £ngia*er pi said Councy. Kild Stite. a radia'l bo said point bear* South 57»OS;J5" Kenti thence. Northerly along cb« arc of Mild curve ana alony »«i« Caatecly right o£ way line through a contrtl angle cf 2*7.9'47* a distance of 101.03 feet. Wiener lecvin? wrid £»atr-rJr rifdit of way, ' Morth 0*]]'17* Ease iOu.jo fe«t to a point on the Easterly right ot way line of cl Caju.no Real fioed as shown aa nia Xoad Survey; thence, along said Easterly right of ->ay line. North 37*04'12* Cast l»«.4\ feet to a point in the Westerly boundary line of parrel 3 of said Parcel (Up .10. 118»: thence, leaving aaxd easterly right of wav alongthe Hestetly boundary line of said parcel 3. the following course*: South IV27M2* Cast 2}t.lS feet. North 27'21'K" Eait lilt.II feet, North I'Ot'SS- t««t IK.II feat to a point On the ire of a non-tangant . 1I4S.O« foot radlua cur^e concave Mecterly. and the easterly right ef way of s*id Road Survey, » radial to said point boars South' 71'30'3S* Cast: tt«nca, along <ai« ftoad Survey the following courses: northerly a'ong tno are of a«id cucve through a central *nglc of 10*20'0<* adiac«nce af »1.78 :»«t. Mortk S'O»'2D* Cast 7Z3.55 feet to the point of beginning. O/J.W/V/JL ii —ia—ui; 3 : 43PM ; ca r I sbacl c i ty clerk ;76O 72O 6317 CARLSBAD - AGEND^ILL NOTICE OF COMPLETION FOR CONSTRUCTION OF ALGA ROAD CITY ATTY arrv -Otu>Oo:a. O z3 Oo OOMMENDED ACTION: 1. Accept the construction of Alga Road Project No. 3141 as complete. Direct the City Clerk to have the Notice of Completion recorded. 2. Adou.1 Resolution No.3L appropriating funds to cover the cost of__. additional work done to complete the aforementioned project. ITEM EXPLANATION: On January 30, 1985, the construction of Alga Road was completed - 90 days behind schedule. Several times during the construction, the contractor was notified of the delays but no action was taken to expedite the construction. The germination on the hydroseeded slopes has been minimal and the contractor has committed himself to re-hydroseeding the slopes in the fall. The total contractor expense of $880,174.54 includes five change orders in the amount of $44,549.54. Including staff time, blue print costs, and soil testing expenses brings the total project cost for Alga Road to $913,343.94. The appropriation in the C.I.P. budget was $850,000.00. Therefore, an additional appropriation by the City Council of $63,343.94 is needed to properly account for this project. FISCAL IMPACT: The total appropriated Funds for this project were $850,000.00. We received a Reimbursement from the La Costa Hotel and Spa of $144,746.00 for the construction of the golf cart crossing under Alga Road. The balance of the total expense, $913,343.94 less the La Coata money, $144,746.00 will bereimbursed by the Daon Corporation in the amount of $768, $97. 94 when theybegin their development on Alga Road. Council needs to appropriate the $63,343.94 necessary, .to cover the total cost of the_Alga Road project from thpr6e1ffl3'r%lr Construction Fund. • EXHIBITS: 1. Location Map. 2. Notice of Completion. 3. Resolution No.appropriating additional funds to cover the total cost of Project Nd» ,3f41.. ;' ; _;•• -V- -,'?._ 4. Itetno to the City Manager datld July 19, 1985, explaining the change orders. 11-19-O1; 3:43PM;carIsbad city clerk ;76O 72O 6917 #3/6 LOCATION MAP II I I II I NO SCALE LIMIT OF IMPROVEMENT CITY MAP BOOK PAGE PROJECT NAME ALGA ROAD IMPROVEMENT PROJ. NO. 3/4-7 EXHIBBT / 11-19-O1; 3:43PM;car IsDad city clerk ;76O 72O 6917 #4/6 NOTICE OF COMPLETION ENGINEERING To All Laborers and Material Hen and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 30, 1985, 1985, the Engineering project consisting of the construction of Alga Road, Contract No. 3161 on which T. B. PENICK. 4 SONS was the Contractor, and Lumberman's Mutual Casualty Company was the surety, was completed. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on •']J^JL>^ ?o , 1985, accepted the above described work as completedandordered that, a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on_ California. _, 1985 at Carlsbad, CITY OF CARLSBAD City Clerk RESOLUTION NO.8122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 j 25 jj 26 I J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS FOR THE CONSTRUCTION OF PROJECT NO. 3141 - ALGA ROAD. WHEREAS, funds in the amount of $850,000.00 were appro- priated for the Alga Road project by the City Council on Decem- ber 6, 1983 and are available in Account No. 110-820-1840-3141; and WHEREAS, City funds in the amount of $913,343.94 iiave been expended on this project to date; and WHEREAS, additional funds in the amount of $63,343.94 are required to close out this project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The Council hereby approves the final change order in the amount of $14,361.14 required to complete the project. 3. The appropriation of additional funds in the amount of SIXTY THREE THOUSAND THREE HUNDf.ED FORTY THREE AND 94/100 DOLLARS ($63,343.94) from the C.I.P. General Construction Fund is hereby authorized and approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 30th day of July , 1985 by the following vote, to wit: AYES: Council Matters Casler, Lewis, Kulchin, Chick and Rsttine NOES: ABSENT: ATTEST:MARY H. CASLER, Mayor -*«t $«« . R/CUTENKRANZ, city cierk JULY 19, 1985 TO: CITY MANAGER FROM: Principal Civil Engineer Municipal Projects Division ALGA ROAD IMPROVEMENTS - CITY CONTRACT NO. 3141 Additions to the Contract Change Order No. 1 Change Order No. 2 20 L.F. Steel Pipe Alluvial Removal 889 C.Y, Base Rock 816 Tons Air Blown Concrete Curtain Wall Change Order No. 3 Change Order No. 4 Total Change Orders Perviously Approved $ 824.00 5,867,40 9,588.00 9,909.00 4,000.00 $30,188.40 By City Engineer By Resolution No. 7613 By Resolution No. 7651 By City Engineer Additional Change Order to be Approved 1. Unclassified Excavation 1120 C.Y. @ $3,136.00 2. Cost of Exposing Utilities Over Golf Cart Crossing (not shown on plans) 3,700.00 3. Alluvial Excavation 383 C.Y. 2,527.80 4. Asphalt 149.62 Ton 4,997.34 Total $14,361.14 Due to a dispute in the amount of change order ($14,361.14), a change order was never approved. The contractor had originally claimed additional changes in the amount of $18,000 which was rejected by the Engineering Staff. After completion of the project, staff negotiated and lowered the contractor's demand from $18, r. ?0 to $14,361.14, which staff recommends be approved by Council. RICHARD H. ALLEN PE:RHA/saf cc: City Engineer EXHIBIT 4 DEVELOPMENT •VIA HAND DELIVERY 1903 Wright Place, Suite 180 Carlsbad, CA 92008November 20,2001 phone: 760 929-2701 Ms. Lisa E. Hildabrand Finance Director fax: .760 929-2705 City of Carlsbad - ' 1635 Faraday Avenue • - ' ' Carlsbad, CA 92008-7314 Re: Villages of La Costa- Alga Road Reimbursement Dear Lisa: Pursuant to the Reimbursement Agreement for Public Improvements by and between the City of Carlsbad and Daon Corporation dated June 9,1983 and recorded July 29,1983, enclosed please find a check for reimbursement obligations pursuant to the agreement. The enclosed check in the amount of $1,930,869.98 represents a principal amount of $733,597.94 ($768,597.94 total cost for road improvements less $35,000 originally advanced by Daon Corporation) plus interest. Interest is calculated based on a daily amount of $200.99 ($733,597.94 times 10% divided by 365 days in year) from Notice of Completion for the improvements (July 30,1985) through today totaling 5,957 days. .Please confirm receipt of this check and acknowledgement of satisfying the obligations of this - agreement at your earliest convenience. I have enclosed the appropriate agreements for your review. If you have any questions or need any further information, please don't hesitate to call me at 760/929-2701 ext. 103 or e-mail at i i ackson@morrowdevelopment.com. Sincerely, James IvL/ackson Se|iioj>Vice President JMJ:jmj cc Fred Arbuckle - Morrow Development Don Neu - City of Carlsbad Clyde Wickham - City of Carlsbad Enclosures 3 bcc Jack Henthorn - Henthorn Associates Ron Rouse - Luce, Forward, Hamilton & Scripps. jBbk Henthorn & Associafll 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 August 2, 2002 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Planning Commission Resolution No. 5016, Condition #32 and Mitigation Monitoring & Reporting Program, Measure #4.4-22C Dear Mr. Neu: Enclosed please find the Consulting Services Agreement with Helix Environmental Planning, Inc. The contract includes a scope of work to ensure that the project proceeds within the appropriate limits of work and that all construction conditions are met in the local, state and federal issued development permits. With the delivery of this document, the requirements for the contraction of a licensed Biologist for Planning Commission Resolution No. 5016, Condition #32 and Mitigation Monitoring and Reporting Program, Measure #4.4-22C have been satisfied. In addition to the biological monitoring contract, Condition #32 requires that a plan be submitted to the City outlining the "silt" fencing along the project boundaries. The exhibit was submitted on July 19, 2002. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennett(Qjjhenthorn.coni. Sincerely, Bry^pf D. Bennett Associate Planner encl. Helix Consulting Services Agreement cc: Tim O'Grady - Morrow Development file JHA/BDB?VLC -1- REAL ESTATE COLLATERAL MANAGEMENT CONSULTING SERVICES AGREEMENT RECM/Morrow Consultant: Helix Environmental Planning, Inc. Contract No: 461 This Consulting Services Agreement (the "Agreement") is made and entered into this 18th day of July, 2002, by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation (hereinafter called "Company") and Helix Environmental Planning, Inc., (hereinafter called "Consultant"), in consideration of the mutual covenants and conditions herein contained. COMPANY'S AGENT. For all purposes of administration, supervision and implementation of this Agreement, Company's agent, Morrow Development, Inc., a California corporation (hereinafter called "Morrow") shall act for Company for all purposes regarding this Agreement. Consultant hereby acknowledges and understands that Morrow is acting herein as the agent of Company, and Consultant shall accept and recognize the actions of Morrow as though it were the contracting party directly. Morrow is the Development Manager for Company in connection with the real estate master planned community(s) known as Villages of La Costa (the "Project"). The parties hereto agree as follows: 1. Scope of Work. Consultant shall perform the consulting and associated professional services as more particularly described on the Scope of Work Exhibit "A" hereto ("Work") for the Company in accordance with this Agreement and the provisions contained in any exhibit supplemental hereto which shall be considered a part of this Agreement. Consultant hereby represents and warrants it has the requisite licenses or other governmental authorization to perform the Work at all times herein and its license number is set forth on the signature page. 2. Authorization to Proceed. Consultant shall not commence the consulting services prior to full execution of the Letter of Authorization attached hereto as Exhibit "C" ("Authorization") which will outline the amount of compensation to be paid, authorize any reimbursable charges to be incurred, designate Morrow's direct representative for this Agreement, specify the schedule for start and completion of the services, and provide instructions for identification and segregation of the charges. 3. Term of Agreement. This Agreement shall continue in effect until terminated by either party giving the other not less than 10 days prior written notice. However, if Company so terminates this Agreement and Consultant is not then in default hereunder, Company agrees to pay Consultant for all services performed through the effective date of the notice of termination, provided such work is in conformity with this Agreement and any Authorization subject to the terms of this Agreement. Page 1 of 16 4. Termination Cause. Notwithstanding the foregoing, Company or Morrow shall have the right at any time, in its sole discretion, to terminate this Agreement if the Consultant fails to timely perform its obligations by giving Consultant written Notice of Termination, in which event Consultant shall immediately cease all services hereunder. Such Notice of Termination shall be deemed termination for cause. If Morrow or Company terminates this Agreement for cause, Company shall have any and all remedies and rights provided at law or in equity including, without limitation, the right to offset against any and all sums that may be due to Consultant any and all damages, costs and expenses incurred or suffered by Company or Morrow by reason of Consultant's breach or default. 5. Request for Payment. Subject to the provisions of Section 4 above and all other terms and provisions of this Agreement, Consultant shall be paid for all Work and any additional completed services authorized in writing and all reimbursable expenses incurred, to the extent the same were authorized by Company or Morrow pursuant to this Agreement, through the date of Notice of Termination. Consultant shall submit a written Request for Payment statement, certification and lien waivers and releases to Company in the form provided in Exhibits "B" and "B-1" of this Agreement or on a substitute form as reasonably requested by Company or Morrow. 6. Expense Approval. Before incurring any proposed reimbursable expense not specifically authorized in this Agreement, Consultant shall obtain Morrow's or Company's prior written approval of such expense. Company shall reimburse Consultant on a monthly basis for such pre-approved incurred expenses providing same are supported by invoice vouchers delivered to Morrow by Consultant and such detail information and documents as Company or Morrow may reasonably require. 7. Documents. Consultant shall submit status reports periodically as may be requested by the Company or Morrow. Expenses and reimbursable charges shall also be reported to the same individual. All design, drawings, specifications, technical data, and other reports, documents or materials provided to or produced by Consultant in the performance of its Work under this Agreement (hereinafter "Documents") shall be the sole property of Company and Company is vested with all rights therein of whatever kind and however created, including without limitation, all common law and statutory copyright. Consultant hereby assigns to Company, without additional compensation, all right, title and interest in all creations, inventions, ideas, designs, copyrightable materials, trademarks and other technology and rights, (and any related improvements or modifications), whether or not subject to patent or copyright protection, relating to any activities of Consultant in performing Work or rendering services under this Agreement. Consultant shall execute any and all instruments, including further assignments of interest, as may be required to transfer to Company any and all of Consultant's rights in and to the Documents and all rights incidental thereto. Consultant agrees that Company and Morrow shall have access at all reasonable times to inspect and make copies of all Documents. Consultant shall upon request of Company or Morrow, at their cost and expense, provide Company or Morrow with reproducible copies of all Documents. Without Company's prior written consent, Consultant shall not use any of the Documents it has prepared in connection with this Agreement on any other project Page 2 of 16 or in connection with services to be rendered to anyone other than Company. Upon termination or expiration of this Agreement, Consultant shall immediately deliver to Company or Morrow any original Documents prepared by Consultant in connection with this Agreement not previously delivered to Company or Morrow. As more particularly set forth in Section 12, Consultant shall indemnify, defend and hold harmless, Company and Morrow, and their Affiliates, from and against any claim, damage, cost, loss, or liability (including court costs and attorneys' fees) arising as a result of any alleged copyright infringement action or any other objection to Company's Document ownership or use arising out of or related to use of Documents prepared by Consultant under this Agreement. 8. Company's Use of Documents. Company shall have the right to reuse the Documents, in whole or in part, for any other Company project provided that in connection with such other project, Company shall indemnify Consultant with respect to all claims for property damage or personal injury arising out of such reuse. The foregoing indemnity shall not, however, apply if Consultant's services are terminated due to a breach of its obligations under this Agreement. Consultant may not use, in whole or in part, any of the Documents nor shall Consultant disclose same or make same available, in whole or in part, to any third party whomsoever other than as authorized by Company in writing. Company shall retain ownership of all formal published reports, studies, computer programs and files, maps, designs, plans, specifications and other work product prepared by Consultant to be used by Company in any manner it may find appropriate. Consultant acknowledges that violations regarding the use of the Documents could result in substantial damages to Company under this Agreement. 9. Consultant Supervision. Consultant shall supervise and direct all of Consultant's agents, employees and subcontractors performing Work or services, be responsible for all methods, sequences and procedures used and be responsible for coordinating all portions of Consultant's Work. Consultant shall perform the Work using the highest level of care and skill exercised by or expected by members of the profession currently practicing under similar conditions for master planned or other communities similar to the Project in Southern California. Consultant shall promptly supply to Company or Morrow in writing such other information which is or becomes known, in the course of performing the services, by Consultant or persons performing services, concerning facts which may materially affect the planning, marketing, design or construction of Company's property or Project. At all times in performing its duties hereunder, Consultant shall coordinate and consult with Company through Morrow to the end that major decisions as to the Project shall be made by the Company through Morrow. 10. Joint Venture. It is not the purpose or intention of this Agreement to create nor shall it be construed as creating a joint venture, real estate partnership, commercial partnership or other business relationship, other than Consultant being an independent contractor. Consultant shall act as an independent contractor with respect to performance of Work hereunder and neither it nor any of its employees, agents, or subcontractors will be deemed for any purpose to be the employee or agent of Company or Morrow in the performance of services hereunder. No federal, state, city or Page 3 of 16 other local governmental income or social security taxes will be withheld from Consultant's compensation except as required by law, and all such taxes will be reported and paid directly by Consultant. Consultant hereby defends, indemnifies and holds harmless Company and Morrow, and their Affiliates, for any tax liability of Company or Morrow, or their Affiliates, directly or indirectly incurred as a result of Consultant's failure to meet its tax and other obligations, in accordance with Section 12 below. 11. Approval of Subcontractor. No subcontractors shall be used by Consultant in connection with the Work without Company's or Morrow's prior written approval of such subcontractor including verification of subcontractor's license (if required), insurance coverages as provided herein and scope of the Work to be performed by such subcontractor. Consultant shall be solely responsible for any employee benefits, including, without limitation, wages, worker's compensation benefits, employment and social security taxes, and fringe benefits, to which Consultant's authorized subcontractors, employees or agents may claim to be entitled. Consultant agrees that only those persons approved by Company or Morrow will be involved directly and on a regular basis in providing the Work described above and overseeing the performance of such services, and that such individuals will devote sufficient time to the Work as will be required to complete the Work consistent with this Agreement. 12. Indemnification. Consultant shall indemnify, defend and hold harmless Company and Morrow, and their respective affiliates, subsidiaries, agents, members, employees, representatives, shareholders and officers ("Affiliates"), from any loss, damage, liability, costs and claims thereof, including without limitation, all court costs and attorneys' fees arising directly or indirectly out of Consultant's (i) acts or omissions outside the scope of Consultant's authority; (ii) in breach or default of its obligations under this Agreement; and (iii) negligent performance of services under this Agreement, except to the extent the same results from the sole gross negligence or the willful misconduct of Company, Morrow or their Affiliates. "Affiliates" also includes any company, partnership or other entity in which Company or its principals own, directly or indirectly, an actual or beneficial interest greater than twenty-five percent. 13. Insurance. Without in any way limiting Consultant's obligations hereunder, Consultant shall, during the term of this Agreement, maintain the following policies of insurance with insurers licensed in California holding a minimum rating of (i) AV or better or (ii) B+X or better: 13.1 Worker's Compensation as required by law and Employer's Liability with policy limits not less than $1,000,000 per occurrence and a separate Waiver of Subrogation issued for the benefit of Company and Morrow, and their Affiliates. 13.2 Commercial General Liability (Bodily Injury and Property Damage) insurance, the limits of which shall not be less than $1,000,000 per occurrence. Such policy shall be on an occurrence (and not a claims made) basis, including coverages for (a) blanket contractual liability; (b) broad form property damage; and (c) explosion, Page 4 of 16 collapse and underground hazard; and (d) products and completed operations, to the extent applicable to the Work. 13.3 Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non-owned, and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less then $1,000,000 for Bodily Injury and Property Damage Liability combined per occurrence. 13.4 Professional Liability Insurance, the limits of which shall not be less than $1,000,000 per claim and in the aggregate with supplementary coverage for Contractual Liability to cover any liability assumed under this Agreement which is otherwise insurable under such Professional Liability Insurance. 13.5 None of the insurance coverages described herein shall be terminated, canceled, or substantially changed without thirty (30) days' prior written notice to Company and Morrow. 13.6 Without prior written consent by Company or Morrow, the deductible amount under any of the insurance coverage described herein shall not exceed twenty-five thousand dollars ($25,000.00). 13.7 Except for the insurance coverages required under Sections 13.1 and 13.4, the above insurance shall name Company and Morrow, and their Affiliates, as an additional insured with respect to Work performed hereunder, and contain a Cross Liability Endorsement which provides that the insurance applies separately to each insured and will cover claims or suits by one insured against another. Such additional insured endorsement(s) shall state that such policy is primary and that any insurance carried by an additional insured is excess and non-contributing. The additional insured endorsement for commercial general liability must provide coverage for completed operations if applicable to the Work. 13.8 Before commencing the Work, Consultant shall provide Company and Morrow an original certificate of insurance or certified copies of all policies, or other documentary evidence of the above insurance coverages satisfactory to Company. 14. Consultant Payment. 14.1 Payment to Consultant shall be made as set forth herein following delivery to Company of (i) a conditional lien waiver and release (for progress or final payment as applicable) in favor of Company and Morrow in form and substance satisfactory to release all claims with respect to such payment under applicable law, and (ii) Consultant's written certification in the form of Exhibits "B" and "B-1", attached hereto, executed by Consultant's authorized representative which shall contain an estimate by the Consultant of the "percent complete" of the services performed by Consultant for the payment period covered by the statement. Such statement shall also include, for items of work identified to be compensated on a time and materials basis, an estimate by the Page 5 of 16 Consultant of the "percent complete" of total hours worked by each of the Consultant's employees and of the services performed by each such person. Such statement shall also include an itemization of all reimbursable expenses. Consultant's statements shall represent payment in full for the portion of the Work described therein and shall declare that; (i) the labor, services and materials, if any, covered by the statement have actually been furnished and performed; (ii) any liens which may arise as a result of applicable state statutes have been released or waived to the extent of the statement; and (iii) that all subcontractors, employees, or other persons have been paid in full for any labor, materials or services included in the statement. In the event all subcontractors have not been paid for releases therefrom obtained as set forth herein, Company may withhold from the payment due to Consultant, an amount equivalent to the purported sum owing by Consultant to such subcontractor until Consultant has paid such subcontractor in full or if such payment is in dispute, until Consultant has provided Company with an indemnity agreement satisfactory to Company with respect to the lien claims of such subcontractor. 14.2 Consultant shall submit to Morrow on or prior to the 15th day of any month a fully completed Request for Payment (Exhibit "B") for Work completed during the preceding month together with the supporting materials described in Section 14.1 above. Payment of such requests shall be made on, or prior to the 15th day of the subsequent month provided all certifications, supporting statements and/or lien releases identified herein are received within five (5) days of the submittal of such request for payment. In the event the supporting statements are not received within five (5) days after submission of payment request, payment shall be due on or prior to the 15th day of the first month after Morrow receives all supporting information and statements so long as all supporting statements and/or lien releases are received by Morrow prior to the twentieth day of the month which precedes expected payment. 15. Assignment. Consultant shall not assign its obligations hereunder without the specific written consent of Company which may be withheld in the sole discretion of Company. Company may, in its sole discretion, freely assign its rights and obligations to an entity deemed by Company as reasonably capable of performing Company's obligations hereunder and shall notify Consultant in writing of such assignment. Consultant specifically acknowledges that Company may at any time assign its rights under this Agreement without the necessity of consent of any third party. 16. Confidentiality. Consultant acknowledges that with respect to Company's Project, if such plans become generally known, Company's opportunities with respect to the Project would be prejudiced. Therefore, while performing services related to Company's Project, Consultant, unless approved in writing by Company or Morrow, shall refrain from disclosing the nature and purpose of its services to any third party, including real estate agents and brokers, except public agency staffs and individuals whom Consultant must contact in performing the Work, or its counsel or accountant. Further, in connection with the Company's Project, Consultant shall not, by itself, in connection with or in the name of another, or through affiliation with any entity, acquire property or rights in conflict with Company's interest. In the event Consultant does so, any such purchase, acquisition, option or contract will be deemed at Company's sole Page 6 of 16 option, to have been acquired on behalf of Company, and Consultant shall forthwith execute or cause to be executed any documents necessary to transfer such property rights or the rights thereto Company. All information acquired by Consultant, including materials prepared by Consultant, concerning the subject of the services to be rendered under this Agreement or Company's intentions with respect thereto, shall be considered strictly confidential ("Confidential Information"). Consultant shall not disclose any Confidential Information to others without Company's or Morrow's prior written consent, nor use the Confidential Information for any purpose other than as necessary in connection with the Work or additional services rendered in accordance with this Agreement. Disclosure to Consultant's employees and agents who agree to be bound by the terms of this Section 17 is permitted when required in connection with the Work to be rendered under this Agreement. Upon termination of this Agreement, Consultant shall return all Confidential Information to Company. Consultant agrees that ideas or concepts under consideration by Company or Morrow and disclosed to or developed by Consultant are confidential and proprietary to Company and may not be utilized by Consultant for any purpose other than in connection with the services to be rendered hereunder, nor disclosed to any third party unless authorized in writing by Company. Consultant agrees to commit its employees, advisors, agents, and subcontractors to protect the confidential and proprietary nature of these ideas and concepts. 17. No Gratuities. Neither Consultant nor its subcontractors, directors, employees or agents of any of them, will give or receive any commission, fee, rebate, gift or entertainment of material cost or value in connection with Consultant's services hereunder without prior written notification and consent from Company or Morrow. It is further understood that under no circumstances are Consultant, its directors, employees, agent or subcontractors or their directors, employees or agents to make any payment, or give anything of value, to any governmental official (including any officer or employee of any government department, agency or instrumentality) to influence a decision, or to gain any other advantage for Company or Consultant, in connection with services performed hereunder. Consultant will promptly notify Company of any violation of this Paragraph 17 and any consideration received as a result of such violation shall be administered as directed by Company. Additionally, if any violation of this Section 17 occurred prior to the date of this Agreement or Authorization to proceed, Company may, at its sole option, terminate this Agreement and, notwithstanding any other provision thereof or of any Authorization, not pay compensation or reimbursement to Consultant whatsoever for any work done after the date of termination. 18. Accurate Records. Consultant shall maintain true and accurate records in connection with its services and reimbursable charges hereunder and all transactions related thereto and shall retain such records for at least 48 months after completion of such services. Company may audit any and all records of Consultant relevant to any charges hereunder. Consultant shall also provide Company or Morrow a true and correct copy of any required license annually. 19. Compliance with Laws. Consultant and its subcontractors shall comply with all applicable laws, regulations, decrees, codes, ordinances, resolutions, and other acts of any governmental authority, including, but not limited to, Federal and state labor, Page 7 of 16 occupational health and safety, environmental and tax laws, which are applicable to this Agreement and Consultant's and its subcontractors performance hereunder during the period in which the services are performed, and shall indemnify, defend and hold harmless Company, Morrow and their Affiliates from any damage, injury, liability, claims, fines and penalties resulting directly or indirectly from Consultant's or its subcontractors' failure to do so in accordance with Section 12. 20. California Law. This Agreement shall be deemed to be a contract made and performed in the State of California and will be governed by the substantive law of that state without regard to the principles of conflict of laws. 21. Attorneys Fees. If Consultant, Company or Morrow (including Affiliates of Company or Morrow) is a party to any action or proceeding to enforce any of the terms of this Agreement, the prevailing party(s) in such action or proceeding (as determined by the judge or presiding official) shall be entitled to receive from the non-prevailing party(s), the prevailing party(s) costs and reasonable attorneys fees, incurred in prosecuting, defending or appearing in such action or proceeding. 22. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY AGREEMENTS OR INSTRUMENTS RELATING HERETO OR DELIVERED IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO A CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT WILL, AT THE REQUEST OF ANY PARTY, BE DETERMINED BY ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (9 U.S.C. SECTION 1 ET SEQ.) UNDER THE AUSPICES AND RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), EXCEPT AS OTHERWISE PROVIDED BELOW OR AGREED BY THE PARTIES. IF BOTH PARTIES CANNOT AGREE ON AN ARBITRATOR WITHIN FIFTEEN (15) DAYS AFTER DELIVERY OF A REQUEST FOR ARBITRATION, THE ARBITRATOR SHALL BE APPOINTED BY THE PRESIDING JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF SAN DIEGO, PROVIDED SUCH ARBITRATOR SHALL HAVE AT LEAST TEN YEARS EXPERIENCE IN DEVELOPMENT OF RESIDENTIAL MASTER PLANNED COMMUNITIES. THE ARBITRATION WILL BE CONDUCTED IN SAN DIEGO COUNTY AND IN RENDERING ITS DECISION, THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, AND WHERE APPLICABLE, THE SUBSTANTIVE LAWS OF THE UNITED STATES OF AMERICA. ANY CONTROVERSY IN INTERPRETATION OR ENFORCEMENT OF THIS PROVISION OR WHETHER A DISPUTE IS ARBITRABLE, WILL BE DETERMINED BY THE ARBITRATOR IN ACCORDANCE WITH CALIFORNIA LAW. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE INSTITUTION AND MAINTENANCE OF AN ACTION FOR JUDICIAL RELIEF IN PURSUIT OF AN ANCILLARY REMEDY DOES NOT CONSTITUTE A WAIVER OF THE RIGHT OF ANY PARTY, INCLUDING THE PLAINTIFF, TO SUBMIT THE CONTROVERSY OR CLAIM TO ARBITRATION. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION UNDER CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES Page 8 of 16 PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. WE HAVE READ AND UNDERSTAND THE FOREGOING INITIALS AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. ompany's initials Consulta 23. Entire Agreement. This Agreement constitutes the entire and integrated agreement between the parties and all prior and contemporaneous negotiations, representations and agreements, written or oral, if any, between the parties with regard to the subject matter of this Agreement are superseded and canceled hereby and shall not be used to interpret to construe this Agreement. No amendment or other modification of this Agreement shall be effective or enforceable unless in writing duly signed by Company and Consultant. 24. Notice. Wherever in this Agreement it shall be required that notice or demand be given or served by either party on the other, such notice or demand shall be given or served only if in writing and personally served at or forwarded by certified or registered mail, postage prepaid, addressed to the parties specified below. Any notice or demand given by mail as aforesaid shall be effective the second business day after mailing. Either party may change such address by written notice given in accordance with the terms hereof. Personal service may be by means of messenger, courier, commercial service such as Federal Express, telegram or telecopier or similar electronic delivery and shall be effective upon receipt. To the Company: c/o Morrow Development, Inc. Mailing Address: 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Delivery Address: Same as Mailing Address To the Consultant: At the address provided on the signature page. 25. No Waiver. The failure of either Consultant or Company to insist in any one or more instances upon the strict performance of any of the terms of this Agreement or to notify the other party of any default hereunder shall not be construed as a waiver or a relinquishment of the right to insist upon future performance of such terms or the right to thereafter declare a default hereunder. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 26. Morrow Agency. Company has represented to Consultant that Morrow is the authorized agent of Company and authorized by the Company to act as the Development Manager on behalf of the Company regarding this Agreement. Consultant Page 9 of 16 acknowledges and agrees that Morrow, its officers, directors, shareholders, and employees shall have no liability under this Agreement and that all rights and liabilities under this Agreement shall be those of Company. 27. Conflict. In the event of a conflict between the terms of this Agreement (and any authorization issued pursuant hereto), and any proposal, contract or exhibit prepared by Consultant which may be attached to any Authorization, the terms of this Agreement shall prevail. [Remainder of Page Intentionally Left Blank] Page 10 of 16 28. Survive Termination. Those provisions regarding confidentiality, indemnity and other similar covenants shall survive the termination or other expiration of this Agreement. In witness whereof, the parties have signed this Agreement in duplicate or counterpart originals effective the first date set forth above. CONSULTANT Helix Environmental Planning, Inc. COMPANY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation By: Its: 8100 La Mesa Boulevard, Ste. 150 La Mesa, CA 92121 APPROVED: MOK By: Its: OPMENT, INC. Fred M. Arbuckle President Page 11 of 16 EXHIBIT "A" SCOPE OF WORK Consultant: Helix Environmental Planning, Inc. Contract No.: 461 Consultant agrees to furnish all labor, personnel, materials and equipment necessary to perform the Scope of Services (the "Work") described below and to complete performance of the Work in accordance with the performance schedule or the completion of dates set forth below. Consultant shall exert Consultant's best efforts, skill and judgment and shall exercise all due diligence to complete the Work in accordance with the terms of the Agreement to which this Exhibit is appended and in the most expeditious, sound and economical manner. PROJECT DESCRIPTION: Phase 1 Grading Biologist SCOPE OF WORK: Consultant will work with Morrow and the grading contractor to ensure that the project proceeds within the appropriate limits of work and that all construction conditions are met in the following permits: U.S. Army Corps of Engineers 404 Permit, California Department of Fish & Game 1603 Permit, Regional Water Quality Control Board 401 Permit and the approved conceptual mitigation plan for the Villages of La Costa project. Specifically Consultant will: • Attend one (1) pre-construction meeting • Check the staked brushing limits following staking by the project engineer and prior to any construction activity. Consultant has assumed two (2) days to check staking. » Verify installation of silt fence at project boundaries where grubbing or clearing is to occur in order to minimize movement of rodents and snakes into the surrounding existing neighborhoods. » Monitor the brushing of the development area following staking. Consultant will be present for all brushing activities to monitor limits of takes to capture and remove snakes; and to ensure Contractor is grubbing and clearing from the perimeter of the site inward (to the site) when such activity will occur adjacent to existing homes. Consultant has assumed eight (8) days for this subtask. • Following brushing, monitor construction fencing installation around the perimeter of the project. Consultant has assumed two (2) days for this subtask. • Monitor the site once a week following the installation of construction fencing. Consultant has assumed a total of fifteen (15) weeks of monitoring (15 visits). Page 12 of 16 ASSUMPTIONS AND ADDITIONAL LIMITATIONS ON SCOPE OF SERVICES: • Costs associated with raptor or other focused species surveys, permit preparation and processing, CEQA processing, and/or technical studies and reports ("additional work") are not included within the scope of services required of Consultant under this agreement. Consultant's Initial \ (V Company's Initial^ Page 13 of 16 EXHIBIT "B" REQUEST FOR PAYMENT CONTRACT NO. 461 JOB NUMBER/DESCRIPTION: 71-21 /Phase 1 Grading CONSULTANT: Helix Environmental Planning, Inc. 8100 La Mesa Boulevard, Ste. 150 La Mesa, CA 92121 The undersigned Consultant hereby requests payment pursuant to the invoice attached showing the personnel, time, and rate for each of the work tasks described in the Scope of Work: Invoice Number: Date: Invoice Period: Consultant's Approval: Initial Contract Amount: Addendums to Date: TOTAL Contract Amount: Percent Complete: $18.400.00 $ 0.00 $18.400.00 (See Attached Spreadsheet) Please submit to:Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 Page 14 of 16 HELIX 461 7/18/02 , WORK DESCRIPTION PHASE 1 GRADING/ BIOLOGIST (71-21/20-2190) CONSTRUCTION MONITORING TOTAL-CONTRACT 461 REIMBURSABLES 71-26/90-9140 TOTAL-REIMBURSABLES TOTAL THIS INVOICE CONTRACT AMOUNT 18,400.00 18,400.00 N/A N/A PREVIOUS AMOUNT BILLED 0.00 0.00 0.00 0.00 AMOUNT DUE THIS PERIOD 0.00 0.00 0.00 0.00 0.00 Complete: TOTAL BILLED TO DATE 0.00 0.00 0.00 0.00 0% CONTRACT REMAINING 18,400.00 18,400.00 N/A N/A Page 1 of 1 EXHIBIT "B-1" CERTIFICATION OF THE CONSULTANT I HEREBY CERTIFY that the work performed and the materials supplied, if any to date, as shown on the accompanying Request for Payment dated , represent the actual value of the accomplishment under the terms of the Contract (and all authorized changes thereto) between the undersigned and Company in connection with the above referenced project. I also certify that all payments current for, (i) all materials, equipment and labor used in, or in connection with, the performance of the Contract, and (ii) all laborers and other personnel employed directly by me and performing work on the project through the periods covered by prior invoices paid by the Company. I further certify that to the best of my knowledge I have complied with performing work on the project. I further certify that to the best of my knowledge I have complied with federal, state and local tax laws, including social security laws and unemployment compensation laws and worker's compensation laws insofar as applicable to the performance of the Agreement. I further certify that the amount received under this payment request will be applied to discharge all labor, labor trust funds material and subcontract obligations applicable to this project and up to date thereof. The labor, equipment or materials (or any of them) covered by this Request for Payment have been furnished and performed as called for by the Agreement. All material suppliers to, and laborers for the undersigned, have been paid in full for the goods or services included within the Request for Payment or will be paid with the proceeds of any disbursement made pursuant to this Request for Payment, which disbursement will be received in trust for that purpose. Undersigned shall hold harmless Company, Morrow and the Project from any cost, expense (including attorney's fees) or liability arising out of the breach of the above Certification. ENDORSEMENT OF LIEN RELEASE To induce Company to make the Payment requested above, pursuant to: Contract No.:461 Invoice No.: the undersigned agrees and certifies as follows: (a) Any payment issued on the basis of this Request for Payment shall constitute payment in full to the extent set forth in the attached Request for Payment. (b) Any and all mechanic's liens, stop notices and other rights and remedies under the Mechanic's Lien Law of the State of California and related similar laws, are hereby released and waived to the extent of the Request for Payment. (c) Lien releases shall be in the form required by Civil Code § 3262. (d) The above waivers and releases are conditional and shall be effective upon receipt of the payment requested herein. Executed this day of , . Name of Consultant: Helix Environmental Planning, Inc. By: (Its Duly Authorized Agent) Page 15 of 16 Consultant: Contract Number: EXHIBIT "C" LETTER OF AUTHORIZATION Helix Environmental Planning, Inc. 461 This letter constitutes Authorization under the above-referenced Contract. All services performed under this Authorization shall be in accordance with the terms and conditions of such Contract. The Scope of Work to be done under this Authorization is as outlined in Exhibit "A". The maximum authorized for the services under this Authorization is $18,400.00. This amount is not to be exceeded without prior written consent of Company, reimbursable expenses shall be limited to reproduction, blueprinting, overnight mail and messenger service. All permitted reimbursable expenses shall be billed at actual cost plus a ten percent administrative charge. Each invoice will be accompanied by applicable receipts and documentation for reimbursables. Each invoice must include Exhibits "B" and "B-1", both completely filled out, including Description of Work or services performed, total amount authorized hereunder, amount of time spent, name of person/s who provided the Work and services described, and percent complete. Insurance Policies shall name Morrow Development, Inc. and Real Estate Collateral Management Company, and their respective Affiliates (shareholders, directors, agents, members and employees) as Additional Insureds: If to Morrow: Morrow Development, Inc. Attn: Fred Arbuckle 1903 Wright Place, Suite 180 Carlsbad, CA 92008 If to Company: Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 If this Authorization is acceptable to you, please indicate your acceptance by signing both copies and returning one copy to this office. COMPANY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, aDelaware Corporation By:. Its: APPROVED: CONSULTANT Helix Environmental Planning, Inc. PMENT, INC. eaHVrArbuckle President Page 16 of 16 August 8, 2002 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Henthorn & Associaft 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 Subject: Mitigation Monitoring & Reporting Program, Mitigation Measure #4.13-3 Dear Mr. Neu: Enclosed please find the environmental assessment for the former aboveground storage tank within the La Costa Greens development. The enclosed report, prepared by Geocon dated August 5, 2002, included collecting soil samples and performing the necessary laboratory analysis. With the delivery of this document, the requirements for Mitigation Monitoring and Reporting Program, Mitigation Measure #4.13-3 have been satisfied. If you have further requirements or if you have any questions, please don't hesitate to call me at (760) 438-4090 ext 104 or e-mail me at bennettCa'ihenchom.com. Sincerely, Bry^/D. Bennett Associate Planner encl. Environmental Assessment for the Former Aboveground Storage Tank cc: Tim O'Grady - Morrow Development file , JHA'BDB?VLC -1- GEOCON CONSULTANTS, INC. ENVIRONMENTAL • GEOTECHNICAL • MATERIALS Project No. 09243-06-01 August 5, 2002 Mr. Tim O'Grady Morrow Development 1903 Wright Place, Suite 180 Carlsbad, California 92008 Subj ect: LA COSTA GREENS DEVELOPMENT FORMER ABOVEGROUND STORAGE TANK CARLSBAD, CALIFORNIA ENVIRONMENTAL ASSESSMENT ACTIVITIES Dear Mr. O'Grady: On behalf of Morrow Development (the Client), Geocon Consultants, Inc. has performed limited soil sampling and laboratory analysis at the La Costa Greens Development project, in Carlsbad, California. The approximate location of the limited soil sampling activities is shown on Figure 1. PURPOSE AND SCOPE OF SERVICES According to a reported entitled Phase I Environmental Site Assessment Addendum, dated January 8, 1996 and prepared by Alliance Environmental Services, a 500-gallon aboveground diesel storage tank (AST) and dispenser hose were formerly located near a corral area on the subject property. Based on information obtained during the referenced Phase I ES A, Geocon prepared a scope of work to evaluate the potential presence of petroleum hydrocarbons in near-surface soil in the vicinity of the former AST. Geocon's Proposal No. EP-2002-121 dated July 12, 2002, described the scope of services, including collecting soil samples and performing laboratory analysis. DESCRIPTION OF FIELD ACTIVITIES The field activities were performed by Geocon on July 16, 2002. Eight exploratory borings were hand augered at the approximate locations shown on Figure 2. Six of the soil borings were advance around the perimeter of structures assumed to be associated with the former AST (a 4'x4' concrete slab and a 7'x4' stone/concrete structure). The remaining two borings were advanced along a roadway adjacent to and at a lower elevation than the former AST. One soil sample was obtained from each boring at a depth of approximately 0.5 to 1 foot below the ground surface. The soil samples were placed in 4-ounce 6970 Flanders Drive • San Diego, California 92121-2974 • Telephone (858) 558-6100 • Fax (858) 558-8437 glass jars, capped with Teflon-lined lids, labeled with an identification number, and placed in a chilled cooler for transport to a laboratory for analyses under chain-of-custody procedures. The eight soil samples were analyzed for the presence of total petroleum hydrocarbons as gasoline (TPHg) and as diesel (TPHd) following United States Environmental Protection Agency (EPA) Test Method 8015B. FINDINGS Concentrations of TPHg were not detected at or above the laboratory detection limit of 1.0 milligrams per kilogram (mg/kg) in any of the soil samples analyzed. Four of the eight samples (El, E2, Wl, and Rl) exhibited concentrations of TPHd above the laboratory detection limit of 10 mg/kg. The TPHd concentrations ranged from 12 to 17 mg/kg. The detected hydrocarbons did not match the laboratory's diesel pattern; however, results were quantified based upon the diesel standard. The remaining soil samples (Nl, SI, W2, and R2) analyzed by the laboratory did not exhibit concentrations of TPHd at or above the laboratory detection limit. The reported concentrations of TPHg and TPHd are shown on Table I and Figure 2. CONCLUSIONS The laboratory test results suggest that near-surface soil samples collected in the vicinity of the former AST do not contain petroleum hydrocarbons at concentrations which would likely pose a significant human health risk. The low TPHd concentrations likely represent the residue of minor releases during typical AST use or naturally occurring hydrocarbons in organic-rich soils. These low TPHd concentrations detected in the near-surface soil samples collected during this study do not warrant further investigation or remediation at this time. LIMITATIONS This report has been prepared exclusively for the Client. The information obtained is only relevant as of the date of the latest site visit. The information contained herein is only valid as of the date of the report, and will require an update to reflect additional information obtained. The findings and conclusions presented herein are based on a limited number of samples collected from in-place soil and laboratory analyses performed. Debris and vegetative matter obscured much of the ground surface in the investigation area. Therefore, the Client should recognize that this report is not a comprehensive site characterization and should not be construed as such. In addition, the information obtained is not intended to address potential impacts related to sources other than those specified herein. Appropriate regulatory agencies may require additional investigations. Therefore, the report should only be deemed conclusive with respect to the information obtained. No guarantee or warranty of the results of the report is implied within the intent of this report or any subsequent reports, correspondence, or consultation, either express or implied. Geocon strived to Project No. 09243-06-01 - 2 - August 5, 2002 perform the services summarized herein in accordance with the local standard of care in the geographic region at the time the services were rendered. Please call us if you have any questions. Sincerely, GEOCON CONSULTANTS, INC. 3ert C. Owoc Senior Staff Geologist RCO.-LLK.-sc (2)Addressee Linda L. Kung, PE Senior Project Engineer Attachments: Figure 1, Vicinity Map Figure 2, Site Plan Table I, Summary of Laboratory Analytical Results Laboratory Analytical Report Project No. 09243-06-01 -3-August 5, 2002 SOURCE: 2002 THOMAS BROTHERS AMP SAN DIEGO COUNTY Reproduced with permission granted by Thomas Brothers Maps. This map is copyrighted by Thomas Brothers Maps. It is unlawful to copy or reproduce all or any part thereof, whether for personal use or resale, without permission.r r r A. 1 No Scale GEOCON CONSULTANTS, ING ENVIRONMENTAL • GEOTECHNICAL • MATERIALS 6970 FLANDERS DRIVE - SAN DIEGO, CALIFORNIA 92121 - 2974 PHONE 858 558-6100 - FAX 858 558-8437 RCO | VICINITY AAAP LA COSTA GREENS FORMER AST CARLSBAD, CALIFORNIA DATE 08-05-2002 | PROJECT NO. 09243-06-01 | FIG. 1 W1 TPHg ND TPHd 14 R1 TPHg ND TPHd 12 Tl Oo: i- 0. w R2 __—--- 1 ^j 1 N1 \ TPHg ND \^ ' TPHd ND ^Nn * / K ';::§;:^:K: ^ » &&t$&( ''.'•'/••:''•'•'/-•:'•'•('•'.•-. \ !v V\ "> i CRACK ,' \ \ V E1 \ \ TPHg ND \ ,-' ^* TPHd 17 \ v^^ ROCK AND ! \ MORTAR ! N ^~^7 FOUNDATION \ | _-, '•l::'^^'-!.^-. ( \ • O « W^fc ""' DEBRIS/^ I Jar • • RUBBLE / -• •:••: * \ b. . ® \ TREES / E2 /' ) • . . TPHg ND i \ TPHg Nn | / •(>'•'-' •«••'-' TPHd 16 • TPHd ND / W2 TPHg ND TPHd ND LEGEND ' ,r^:^ si TPHg ND | TPHd ND I I I i \ / ( i ( { TREES ] O 4 \\ " ® APPROX. LOCATION OF SOIL SAMPLE V\ TPHg TOTAL PETROLEUM HYDROCARBONS AS GASOLINE IN mg/kg \\ : ^^\""*"*- TPHd TOTAL PETROLEUM HYDROCARBONS AS DIESEL IN mg/kg fa\ ND NOT DETECTED AT OR ABOVE LABORATORY DETECTION LIMITS \> ALL RESULTS REPORTED IN MILLIGRAMS PER KILOGRAM SCALE: 1" = 5' ~~.• GEOCON ^^^m^m CONSULTANTS, INC. ^SKT ENVIRONMENTAL • GEOTECHNICAL • MATERIALS 6970 FLANDERS DRIVE - SAN DIEGO, CALIFORNIA 92121 - 2974 PHONE 858 558-6100 - FAX 858 558-8437 RCO/RSS DSK/EOOOO CITC Dl A kloML rLAN LA COSTA GREENS FORMER AST CARLSBAD, CALIFORNIA DATE 08-05-2002 PROJECT NO. 09243-06-01 FIG. 2 9243RO / RSS TABLE I SUMMARY OF LABORATORY ANALYTICAL RESULTS CONSTITUENT TPHg TPHd(1) SAMPLE ID Nl ND ND El ND 17 . E2 ND 16 SI ND ND Wl ND 14 W2 ND ND Rl ND 12 R2 ND ND Notes: TPHg = Total Petroleum Hydrocarbons as Gasoline, EPA Method 8015B TPHd = Total Petroleum Hydrocarbons as Diesel, EPA Method 8015B ND = Not detected at or above the laboratory's reporting limit All data reported in milligrams per kilogram (mg/kg) = Hydrocarbons did not match the laboratory's diesel pattern; however, results were quantified based upon the diesel standard (i) Project No. 09243-06-01 August 5, 2002 July 22, 2002 Linda Kung Geocon Environmental 6970 Flanders Drive San Diego, CA 92121 TEL: (858)558-6100 FAX: (858)558-8437 ELApNo; RE: LA COSTA GREENS AST, 9243-06-01 NELAPNo.: 02107CA Attention: Linda Kung Workerder No.: 057954 Enclosed are the results for sample(s) received on July 16, 2002 by Advanced Technology Laboratories and tested for the parameters indicated in the enclosed chain of custody. Thank you for the opportunity to service the needs of your company. Please feel free to call me at (562)989-4045 if I can be of further assistance to your company. Sincerely, Eddie F. Rodriguez Laboratory Director 2 5 2002 This cover letter and a case narrative are an integral part of this analytical report. Advanced Technology laboratories 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040Page 1 of 11 CHAIN OF CUSTODY RECORD Advanced Technology Laboratories 3275 Walnut Avenue Signal Hill, CA 90807 (562) 989-4045 • FAX (562) 989-4040 FOR LABORATORY USE ONLY: P.O.#: Logged By:Date:'ci/Time:_ Method of Transport Walk-in D Courier D UPS D FED. EXP. D ATL Sample Condition Upon Receipt 1. CHILLED ^YEf ND 4. SEALED YD 2. HEADSPACE (VGA) YD NO 5. *OFSPLSMATCHCOC Y-0 ND 3. CONTAINER INTACT Y^B^ND 6. PRESERVED Y D N 0 Client: GEOCON ENVIRONMENTAL - SAN DIEGO Attn: Address: 6970 Flanders Drive City San Diego State CA Zip Code 92121 TEL:( 858 ) 558-6100 FAX:( 858 ) 558-8437 Project N f-' Project #:-ol Sampler:(Signature) Relinquished^ ^>i§!ledby? Date:Received by: (Signature and Printed Date:.dz-^frttp-r: 'Relini Date:Time:.Received by: (Signature and Printed Name)M/k*~%W* Relinquished by: (Signature and Printed Name)Date:Time:Received by: (Signature and Printed Name)Date:Time: I hereby authorize ATL to perform the work indicated below: Project Mgr /Submitter: Print Name Date Signature Unless otherwise requested, all samples will be disposed 45 days after receipt. LAB USE ONLY: Batch #: Lab No. Send Report To: Attn: Co:. Address . City Sample Archive/Disposal: <C/ Laboratory Standard fU Other D Return To: * $10.00 FEE PER HAZARDOUS SAMPLE DISPOSAL. Sample Description Sample I.D.Date Time Bill To: Attn: Co: Address . Special Instructions/Comments: CIRCLE APPROPRIATE MATRIX Type Q A/QC RTNETjS RWQCB D WIP D NAVY DCT n OTHER REMARKS ( IF/ X 6,:rc. t > TAT starts 8 a.m. following day if samples received after 5 p.m. TAT: A=Overnight <24hr B=Emergency Next workday C=Critical 2 Workdays D=Urgent 3 Workdays E=Routine 7 Workdays Container Types: T=Tube V=VOA L=Liter P=Pint J=Jar B=Tedlar; G=Glass P=Plastic M=lvletal Preservatives: H=Hcl N=HNOa S=H2SO4 C=4-C Z=Zn(AC)a O=NaOH T^ niCTDIDi ITinM- Whlto \«iHh ronnrt Vallnw «n fnlrlor Pink tn Advanced Technology Laboratories Date: 22-M-02 CLIENT: Geocon Environmental Project: LA COSTA GREENS AST, 9243-06-01 CASE NARRATIVE Lab Order: 057954 Analytical Comments for TPH Diesel by Method 8015 Samples 057954-002A, 057954-003A, 057954-006A and 057954-007A contain hydrocarbons that do not match the diesel pattern. However, quantitation is based on a diesel standard. Page 1 of 1 Advanced Technology 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040 Page 2 of 11 Advanced Technology Laboratories Date: 22-M-02 CLIENT: GeoconEnvironmental Client Sample ID: Nl Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Collection Date: 7/16/2002 2:05:00 PM Lab ID: 057954-001A Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) EPA8015B(M) RunID: GC7_020718A QC Batch: 9684 Analyst: IG Diesel ND 10 mg/Kg 1 7/18/2002 GASOLINE RANGE ORGANICS BY GC/FID EPA8015B(M) RunID: GC2_020717A QC Batch: E02VS192 Analyst: JK GRO ND 1.0 mg/Kg 1 7/17/2002 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 1 OI 8 Advanced Technologyj, rnfn • f 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax:562989-4040Laboratones Page 3 Of 11 Advanced Technology Laboratories Date: 22-M-02 CLIENT: Geocon Environmental Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Lab ID: 057954-002A Client Sample ID: El Collection Date: 7/16/2002 2:10:00 PM Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) RunID: GC7_020718A QC Batch: 9684 Diesel 17 GASOLINE RANGE ORGANICS BY GC/FID EPA8015B(M) 10 mg/Kg EPA8015B(M) RunID: GC2_020717A GRO QC Batch: E02VS192 ND 1.0 mg/Kg Analyst: IG 7/18/2002 Analyst: JK 7/17/2002 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interfere H - Sample exceeded analytical holding time E - Value above quantitation range Results are wet unless otherwise specified Page 2 OT 8 Advanced Technology Laboratories 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040Page 4 of 11 Advanced Technology Laboratories Date: 22-M-02 CLIENT: GeoconEnvironmental Client Sample ID: E2 Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Collection Date: 7/16/2002 2:15:00 PM Lab ID: 057954-003A Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) EPA8015B(M) RunID: GC7_020718A QC Batch: 9684 Analyst: IG Diesel 16 10 mg/Kg 1 7/18/2002 GASOLINE RANGE ORGANICS BY GC/FID EPA8015B(M) RunID: GC2_020717A QC Batch: E02VS192 Analyst: JK GRO ND 1.0 mg/Kg 1 7/17/2002 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 3 OI 8 Advanced Technology If,hnrntnriff 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040 iMboratones Page 5 Of 11 Advanced Technology Laboratories Date: 22-M-02 CLIENT: GeoconEnvironmental Client Sample ID: SI Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Collection Date: 7/16/2002 2:20:00 PM Lab ID: 057954-004A Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) EPA8015B(M) RunID: GC7_020718A QC Batch: 9684 Analyst: IG Diesel ND 10 mg/Kg 1 . 7/18/2002 GASOLINE RANGE ORGANICS BY GC/FID EPA8015B(M) RunID: GC2_020717A QC Batch: E02VS192 Analyst: JK GRO ND 1.0 mg/Kg 1 7/17/2002 ' Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 4 Ot 6 Advanced Technology j nhnrntnril,, 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040Laooi atones P&QQ 6 Of 11 Advanced Technology Laboratories Date: 22-Jul-02 CLIENT: GeoconEnvironmental Client Sample ID: W2 Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Collection Date: 7/16/2002 2:25:OOPM Lab ID: 057954-005A Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) EPA8015B(M) RunID: GC7_020718A QC Batch: 9684 Analyst: IG Diesel ND 10 mg/Kg 1 7/18/2002 GASOLINE RANGE ORGANICS BY GC/FID EPA8015B(M) RunID: GC2_020717A QC Batch: E02VS192 Analyst: JK GRO ND 1.0 mg/Kg 1 7/17/2002 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 5 Ot o Advanced Technology ,, „.,,„ • „ 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax:562989-4040Laboratories page ? ^ ^ Advanced Technology Laboratories Date: 22-M-02 CLIENT: Geocon Environmental Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Lab ID: 057954-006A Client Sample ID: Wl Collection Date: 7/16/2002 2:30:00 PM Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) RunID: GC7_020718A QC Batch: 9684 Diesel 14 GASOLINE RANGE ORGANICS BY GC/FID 10 RunID: GC2_020717A GRO QC Batch: E02VS192 ND 1.0 EPA8015B(M) mg/Kg EPA8015B(M) mg/Kg Analyst: IG 7/18/2002 Analyst: JK 7/17/2002 Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits B - Analyte detected in the associated Method Blank DO - Surrogate Diluted Out S - Spike/Surrogate outside of limits due to matrix interfere H - Sample exceeded analytical holding time £ - Value above quantitation range Results are wet unless otherwise specified Page 6 OT 8 Advanced Technology Laboratories 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax: 562 989-4040 Page 8 of 11 Advanced Technology Laboratories Date: 22-M-02 CLIENT: GeoconEnvironmental Client Sample ID: Rl Lab Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 Collection Date: 7/16/2002 2:40:00 PM Lab ID: 057954-007A Matrix: SOIL Analyses Result Limit Qual Units DF Date Analyzed DIESEL RANGE ORGANICS BY GC/FID (LUFT) EPA8015B(M) RunID: GC7_020718A QC Batch: 9684 Analyst: IG Diesel 12 10 mg/Kg 1 7/18/2002 GASOLINE RANGE ORGANICS BY GC/FID EPA8015B(M) RunID: GC2JD20717A QC Batch: E02VS192 Analyst: JK GRO ND 1.0 mg/Kg 1 7/17/2002 Qualifiers: ND - Not Detected at the Reporting Limit S - Spike/Surrogate outside of limits due to matrix interfere J - Analyte detected below quantitation limits H - Sample exceeded analytical holding time B - Analyte detected in the associated Method Blank E - Value above quantitation range DO - Surrogate Diluted Out Results are wet unless otherwise specified Page 7 of 8 Advanced Technology Laboratories— 3275 Walnut Avenue Signal Hill, CA 90807 Tel: 562 989-4045 Fax:562989-4040 a. §3 I 3-3O Advanced Technology Laboratories Date: 22-M-02 CLIENT: Geocon Environmental Work Order: 057954 Project: LA COSTA GREENS AST, 9243-06-01 ANALYTICAL QC SUMMARY REPORT TestCode: 8015JS_DSLH Sample ID MB-9684 Client ID: ZZZZZ Analyte SampType: MBLK TestCode: 801 5_S_DSL Units: mg/Kg Prep Date: 7/18/2002 Run ID: GC7_020718A Batch ID: 9684 TestNo: EPA 801 5B(M (LUFT) Analysis Date: 7/18/2002 SeqNo: 301233 Result PQL SPK value SPK Ref Val %REC LowLimit HighLimit RPD Ref Val %RPD RPDLimit Qual K> s, Ois re3K 1 '5 O §VI Diesel 6.892 10 Sample ID Client ID: Analyte LCS-9684 ZZZZZ SampType: Batch ID: LCS 9684 Result TestCode: TestNo: 8015_S_DSL EPA8015B(M Units: mg/Kg (LUFT) PQL SPK value SPK Ref Val Prep Date: Analysis Date: 7/18/2002 7/18/2002 %REC LowLimit HighLimit RPD Ref Val Run ID: SeqNo: GC7_020718A 301234 %RPD RPDLimit Qual Diesel 941.3 10 1000 94.1 60 140 Sample ID Client ID: Analyte 057954-008AMS R2 SampType: Batch ID: MS 9684 Result TestCode TestNo PQL 8015_S_DSL EPA8015B(M Units: mg/Kg (LUFT) SPK value SPK Re1 Val Prep Date: Analysis Date: 7/18/2002 7/18/2002 %REC LowLimit HighLimit RPD Ref Val Run ID: SeqNo: GC7_020718A 301236 %RPD RPDLimit Qual Diesel 954.5 10 1000 5.308 94.9 50 150 Sample ID 057954-008AMSD Client ID: R2 Analyte SampType: MSD Batch ID: 9684 Result TestCode: 8015_S_DSL Units: mg/Kg TestNo: EPA8015B(M (LUFT) PQL SPK value SPK Ref Val Prep Date: 7/18/2002 Analysis Date: 7/18/2002 %REC LowLimit HighLimit RPD Ref Val Run ID: GC7_020718A SeqNo: 301237 %RPD RPDLimit Qual Diesel 946.2 10 1000 5.308 94.1 50 150 954.5 0.879 40 p\to Oo K> 00 o C. Qualifiers: ND - Not Detected at the Reporting Limit J - Analyte detected below quantitation limits R - RPD outside accepted recovery limits S - Spike Recovery outside accepted recovery limits B - Analyte detected in the associated Method Blank Calculations are based on raw values Page 11 of 11 DO- Surrogate dilute out H - Sample exceeded holding time Page lofl