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
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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
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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_
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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
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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