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HomeMy WebLinkAboutCT 99-04; Villages of La Costa Oaks & Ridge; Tentative Map (CT) (15)REAL ESTATE COLLATERAL MANAGEMENT CONSULTING SERVICES AGREEMENT RECM/Morrow Consultant: Helix Environmental Planning, Inc., Inc. Contract No: 916 This Consulting Services Agreement (the "Agreement") is made and entered into this 13th day of January, 2006, by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation (hereinafter called "Company") and Helix Environmental Planning, Inc. , 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 •IQII ("AUthorjzatjorr) 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 17 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 Page 2 of 17 the Documents it has prepared in connection with this Agreement on any other project 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 Page 3 of 17 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 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 Page 4 of 17 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, 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 Page 5 of 17 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 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. Page 6 of 17 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 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 Page 7 of 17 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, 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. Page 8 of 17 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 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. 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 Page 9 of 17 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 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 17 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 7578 El Cajon Blvd., Ste. 200 La Mesa, CA 91941-6476 APPROVED: MORROW DEVELOPMENT, INC. By: Its: By: Its: Fred M. Arbuckle President Page 11 of 17 EXHIBIT "A" SCOPE OF WORK Consultant: Helix Environmental Planning, Inc. Contract No.:916 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: Oaks North Grading Biologist SCOPE OF WORK: Provide biological monitoring services for the development of Neighborhoods 3.1-3.7 in the La Costa Oaks North project. A detailed scope of services is as follows: Task 1: Preconstruction Raptor Survey Consultant will conduct a survey of the site and vicinity for raptor nests prior to construction (MMRP No. 4.4-24A). If active raptor nests are present that could be impacted by grading and construction activities, Morrow will be advised that construction activities should occur no closer than 200 feet from the nest (MMRP No. 4.4-24B) until the young have fledged. A letter of the survey results will be provided to Morrow. Task 2: Construction Monitoring Consultant will provide construction monitoring required by the projects TM and MMRP. The following tasks will be included in the construction monitoring: a. Attend the first preconstruction meeting. b. Supervise the placement of orange construction fencing (or equivalent) along the approved limits of disturbance within and surrounding sensitive habitats (MMRP No. 4.4-22A). c. Assure that all construction activities and staging areas are restricted to the approved development area. d. Monitor all construction activities (as needed) to ensure that construction activities do not encroach into biologically sensitive areas beyond the approved limits of disturbance. Page 12 of 17 e. Supervise the placement of gravel bags, straw logs, silt fences or equivalent erosion control measures adjacent to all graded areas and identify locations where trench spoil may be stockpiled to prevent sedimentation of the habitat. A biologist will be on site during perimeter silt fencing to capture and remove snakes (TM No. 32). f. Oversee implementation of Best Management Practices to prevent any significant sediment transport. g. Verify that the areas outside the established limits of disturbance remain free of trash, parking and other construction-related activities. For cost estimate purposes, a total of sixty (60) site visits (six hours each) for biological construction monitoring have been assumed. Assumptions and Additional Limitations on Scope of Services • It is assumed Morrow will provide Consultant with current digital baseline data for producing maps and graphics. Digital data should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .eOO (Arclnfo export coverages) or .shp (ArcView shapefiles). The digital data may be sent to Consultant via email attachments, FTP programs or on hardware such as zip- disks or CD-ROM. • Costs associated with additional meetings, other focused species surveys, permit preparation and processing, CEQA processing and/or technical studies and reports ("additional work") not identified above and are not included within the scope of services required of Consultant under this Agreement. Schedule Consultant will work with Morrow in a timely and professional manner in accordance with the terms and conditions of this Agreement. Cost Estimate and Payment Procedure Agreement is budgeted with a not-to-exceed (NTE) budget of $35,100 (thirty five thousand one hundred dollars and zero cents). All work shall be invoiced on a time and materials basis per the schedule of fees listed below. Task Number 1 2 Task Name Preconstruction Raptor Survey Construction Monitoring TOTAL Cost $ 1,100 $34,000 $35,100 Page 13 of 17 Schedule of Fees Consulting Services Consulting services performed by Consultant typically include, but are not necessarily limited to, office, field, meetings, hearings and travel time. Consulting services for expert witness review, deposition and/or testimony will be provided at one and one half times the professional rates listed below. Direct Costs Certain identifiable direct costs will be charged to the project at cost plus ten (10%) percent. Examples of direct costs include sub-consultants, vehicle or equivalent rentals, airplane and train fares, parking, per diem and lodging, mileage, communications, reproduction and supplies. A 4-wheel drive premium will be charged at $25 per project day. Facsimile transmissions will be charged at $1.00 per page sent and received. There will be additional charges for plotting, color printing, aerial photographs and GPS services. Professional Rates Principal Senior Project Manager Environmental Specialist l-lll Project Manager Environmental Planner l-lll Environmental Analyst Senior Scientist Biologist I-V Regulatory Compliance Coordinator Permit Specialist l-ll Biological Technician Senior Landscape Architect Project Landscape Architect Assistant Landscape Architect CIS Specialist CIS Technician Graphics Coordinator Production Manager Technical Editor Operations Manager Word Processor l-lll Clerical $150.00-185.00 $120.00-150.00 $85.00-130.00 $85.00-110.00 $60.00-80.00 $50.00 L $110.00-150.00 $55.00-100.00 $95.00 $55.00-75.00 $45.00 $125.00-145.00 $65.00 $55.00 $55.00-85.00 $45.00 $80.00 $80.00 $60.00-90.00 $75.00 $55.00-65.00 $35.00 Consultant Company's Initial :'s Initial Tn Page 14 of 17 EXHIBIT "B" REQUEST FOR PAYMENT CONTRACT NO. 916 JOB NUMBER/DESCRIPTION: 81-51 /Oaks North Grading CONSULTANT: Helix Environmental Planning, Inc. 7578 El Cajon Blvd., Ste. 200 La Mesa, CA 91941-6476 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: Initial Contract Amount: $35.100.00 Date: Addendums to Date: $ 0.00 Invoice Period: TOTAL Contract Amount: $35.100.00 Consultant's Approval: Percent Complete: % Please see attached payment schedule Please submit to: Real Estate Collateral Management Company c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 Carlsbad, CA 92008 Page 15 of 17 HELIX 916 1/16/2006 WORK DESCRIPTION OAKS NORTH GRADING (81-51) BIOLOGIST (20-2190) PRE-CONSTRUCTION RAPTOR SURVEY CONSTRUCTION MONITORING TOTAL-CONTRACT 911 REIMBURSABLES (81-56/90-9140) TOTAL-REIMBURSABLES TOTAL THIS INVOICE CONTRACT AMOUNT $1,100.00 $34,000.00 $35,100.00 N/A N/A PREVIOUS AMOUNT BILLED $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 TOTAL BILLED TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 Complete: CONTRACT REMAINING $1,100.00 $34,000.00 $35,100.00 N/A N/A $0.00 Helix-916 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.:916 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 16 of 17 EXHIBIT "C" LETTER OF AUTHORIZATION Consultant: Helix Environmental Planning, Inc. Contract Number: 916 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 $35,100.00. 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: If to Company: Morrow Development, Inc. Real Estate Collateral Management Company Attn: Fred Arbuckle c/o Morrow Development, Inc. 1903 Wright Place, Suite 180 1903 Wright Place, Suite 180 Carlsbad, CA 92008 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 CONSULTANT REAL ESTATE COLLATERAL MANAGEMENT Helix Environmental Planning, Inc. COMPANY, a Delaware Corporation By:. Its: APPROVED: MORROW DEVELOPMENT, INC. By: Fred M. Arbuckle Its: President Page 17 of 17 r SAN DIEGO NATURAL HISTORY MUSEUM BALBOA PARK - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874 7 July 1999 Ms. Sarah Patterson Morrow Development P.O. Box 9000-685 Carlsbad, CA 92018-9000 RE: Paleontological Resources: La Costa Greens, La Costa Ridge, La Costa Oaks Dear Sarah: This letter report summarizes the results of my paleontological resource assessment of the above referenced project sites. The report is based upon a review of existing published and unpublished geological literature (Weber, 1963; Wilson, 1972; Eisenberg and Abbott, 1985), a review of museum paleontological records (San Diego Natural History Museum), and a walkover of the project site (6 July 1999) to field check the results of the literature and record reviews. Separate discussions are provided below for the three different projects. La Costa Greens - The La Costa Greens project site is located east of El Camino Real, north of Alga Road, and south of Palomar Airport Drive. The project site occupies a broad alluvial valley with dissected mesa lands forming the western slopes and steeper volcanic foothills forming the eastern slopes. Bedrock exposures are limited because of existing improvements (a portion of the La Costa Golf Course occupies the valley floor), prior agricultural use, and native vegetative cover. The highest point on the project site (approximately elevation 420 feet) is located in the southeast comer adjacent to existing residential development. The lowest point (approximately elevation 80 feet) is located on the valley floor adjacent to Alga Road. According to existing geological reports the geology of the site consists of early Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics) and middle Eocene-aged (42-48 million years old) claystones and sandstones (Delmar Formation, Torrey Sandstone, Friars Formation, Scripps Formation). The Cretaceous metavolcanic rocks are confined to the southeastern portion of the project site. During the field walkover, exposures of these rocks were seen to consist of well indurated volcanic breccia. No fossils were observed in the limited bedrock exposures Cretaceous rocks and no previous fossil collecting localities are recorded for the project site. In addition, because of their "fiery" origin, these volcanic breccias are typically unfossiliferous. Except for the Holocene alluvium on the valley floor, the remainder of the project site is underlain by Eocene sedimentary rocks. During the field walkover, exposures of these rocks were seen to consist of interbedded layers of green claystone, light yellow fine-grained sandstone, and light gray coarse-grained pebbly sandstone. Existing geological reports assign these Eocene rocks to either the Delmar Formation and Torrey Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org Sandstone (Wilson, 1972) or the Delmar Formation-Friars Formation undifferentiated and Scripps Formation (Eisenberg and Abbott, 1985). No fossils were observed in the limited exposures of Eocene rocks and no previous fossil collecting localities are recorded for the project site. However, significant Eocene fossil collecting localities are recorded within a one mile radius of the project. These records suggest a high potential for the exposure of significant paleontological resources during future construction- related mass excavation work proposed for the project site. Mitigation of the predicted construction-related impacts can be accomplished through implementation of a paleontological resource mitigation program. This program should include the following elements: [1] attend any pre-construction meetings; [2] monitoring on a full-time basis all grading operations in the Eocene sedimentary rocks and inspect cuts for unearthed fossil remains; [3] salvage remains as they are uncovered; [4] screenwash selected sites (if discovered) for recovery of small fossil remains; [5] document the stratigraphic and geologic context of salvaged fossil remains; [6] remove fossils from the project site; [7] clean, repair, and sort salvaged fossils for eventual donation to an accredited institution such as the San Diego natural History Museum: [8] prepare a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. La Costa Ridge - The La Costa Ridge project site is located south of Alga Road, west of Rancho Santa Fe Road, northwest of San Marcos Creek, and east of El Fuerte Street. The project site consists of a rugged volcanic and plutonic terrain with the steep- sided gorge of San Marcos Creek forming the eastern and southern boundaries of the project site. The gorge (including Box Canyon) provides spectacular bedrock exposures. Other portions of the project site, however, are covered by native vegetation. The highest point (approximately elevation 738 feet) is located in the northern portion of the project site. The lowest point (approximately elevation 80 feet) is located at the mouth of Box Canyon. According to existing geological reports (Weber, 1963; Eisenberg and Abbott, 1985) the geology of the site consists of early Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics) and early to late Cretaceous-aged (125 to 90 million years old) coarse-grained plutonic rocks (Peninsular Range Batholith). The Cretaceous metavolcanic rocks underlie the southern half of the project site, while Cretaceous plutonic rocks underlie the northern half of the project site. No previous fossil collecting localities are recorded for the project site. The "fiery" origin of the metavolcanic and plutonic rocks indicates that these rock units are unfossiliferous and have a zero paleontological resource potential. Because of the zero paleontological resource potential of the project site, there will not be any impacts and therefore no necessity for implementation of a paleontological resource mitigation program. La Costa Oaks - The La Costa Oaks project site is located south and southeast of San Marcos Creek, west of unicorporated county land, and north of City of Encinitas land. Rancho Santa Fe Road roughly bisects the project site in a north-northeast Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org direction. The project site consists of a rugged volcanic and plutonic terrain with the steep-sided gorge of San Marcos Creek forming the northeastern boundary of the project site. The highest point (approximately elevation 980 feet) is located in the eastern portion of the project site. The lowest point (approximately elevation 360 feet) is located in the gorge of San Marcos Creek. According to existing geological reports (Weber, 1963; Eisenberg and Abbott, 1985) the geology of the site consists of early Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics) and early to late Cretaceous-aged (125 to 90 million years old) coarse-grained plutonic rocks (Peninsular Range Batholith). The Cretaceous metavolcanic rocks underlie the southern three-quarters of the project site, while Cretaceous plutonic rocks underlie the northern one-quarter of the project site. No previous fossil collecting localities are recorded for the project site. The "fiery" origin of the metavolcanic and plutonic rocks indicates that these rock units are unfossiliferous and have a zero paleontological resource potential. Because of the zero paleontological resource potential of the project site, there will not be any impacts and therefore no necessity for implementation of a paleontological resource mitigation program. In summary, the La Costa Greens project site has a high paleontological resource potential that will require implementation of a paleontological resource mitigation program during construction. The La Costa Ridge and La Costa Oaks project sites have zero paleontological resource potentials and will not require mitigation programs during construction. If you have any questions concerning this report, please feel free to contact me at (619)232-3821, ext. 232. Sincerely, Thomas A. Demere, Ph.D. Curator, Department of Paleontology Director, Department of Paleontological Services References Cited: Eisenberg, L.I., and P.L. Abbott. 1985. Eocene lithofacies and geologic history, northern San Diego County. In, P.L. Abbott (ed.), On the Manner of Deposition of the Eocene Strata in northern San Diego County. San Diego Association of Geologists, fieldtrip guidebook, pp. 19-35. Weber, F.H., Jr. 1963. Geology and mineral resources of San Diego County. California Division of Mines and Geology, County Report 3:1-309. Wilson, K.L. 1972. Eocene and related geology of a portion of the San Luis Rey and Encinitas quadrangles, San Diego County, California. Unpublished M.A. thesis, University of California, Riverside, 135 p. Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org LlNSCOi . LAW & ; ^ GREENSPAN ENGINEERS VILLAGES OF LA COSTA TRAVEL DEMAND MANAGEMENT PLAN FOR CONSTRUCTION TRAFFIC CARLSBAD, CALIFORNIA INTRODUCTION The following Travel Demand Management (TDM) plan for construction traffic has been prepared to maximize the people-moving capability of the transportation system by either increasing the number of persons in a vehicle, or by influencing the time of, or need to, travel. To accomplish these types of changes, TDM programs rely on incentives or disincentives to make these shifts in behavior attractive. An alternative to individual choice can be achieved by employer's requirements. GOAL The primary goal of this plan is to reduce the number of vehicles using the roadway system while providing a wide variety of mobility options to those who wish to travel. The objective is to increase the vehicle occupancy rate to 1.5 people per vehicle. TDM PLAN A TDM plan can be implemented through one or more of the following choices: 1. Meeting off-site to vanpool on-site 2. Utilizing a rideshare match list 3. Providing on-site food services 4. Sharing a common errand person 5. Having off-peak work schedules 6. Using assigned routes Meeting at an off-site location, such as a contractor's office, and then vanpooling to the work site will increase the vehicle occupancy rate. This will also help is reducing the on- site parking demand, which can also interfere with heavy machinery. Having a rideshare match list will provide the workers with the information necessary to carpool. By providing on-site food services, off-site trips can be reduced or eliminated during the lunch hour. LINSCOTT I LAW & :>d GREENSPAN ENGINEERS Having a common person or a single contractor combining off-site errands will reduce the overall number of trips originating from the construction site. Typically, construction work starts and ends at different peak periods as compared to the commuter peak periods. However, other construction traffic such as deliveries anticipated during the commuter peak periods could be shifted when possible. Lastly, as multiple routes are typically available to reach construction sites, requests can be made to follow specific routes that are less congested and or to avoid community sensitive routes. STRATEGIES To implement a TDM plan, incentives, disincentives or obligations are necessary. Examples of TDM strategies include: 1. Providing financial/time incentives 2. Imposing financial/time disincentives 3. Including a contractual obligation Financial incentives can vary widely; however, with the primary goal would be to create enough of a monetary incentive that worker would follow a TDM plan. Time incentives could vary from reducing the workday to shifting the start and end times of the workday. Disincentives ar e bas ically t he o pposite o f t he inc entives I isted abo ve, which may include penalties for not following start/end times or for not carpooling. All construction contracts shall contain an obligation that contractors use their best efforts to implement a TDM plan as outlined in this report. RECOMMENDATIONS It is recommended that this TDM plan be disseminated to all contractors to the Villages of La Costa project. LA COSTA OAKS NORTH; 99-04-03 ON-SITE MOBILE CONTRUCTION EQUPMENT INVENTORY No. Vehicles 1 2 2 3 8 2 2 2 3 GRADING Vehicle Type CAT D11 Tractor CAT D10 Tractor CAT D9 Tractor CAT 992 Loader CAT 773 Rock Trucks CAT 14G Blade CAT 16G Blade CAT 834 Compactors 4,000 Gallon Water Trucks WET UTILITIES Fuel Type Diesel Diesel Diesel Diesel Diesel Diesel Diesel Diesel Diesel No. Vehicles 3 1 1 Vehicle Type CAT 325 Excavators CAT 938 Loader CAT 950 Loader Fuel Type Diesel Diesel Diesel No. Vehicles 2 DRY UTILITIES Vehicle Type JD 300B Skiploader CURB & GUTTER Fuel Type Diesel No. Vehicles 1 1 1 1 1 Vehicle Type CAT 14G Blade JD 300B Skiploader 4,000 Gallon Water Truck Dynapac Vibratory Roller Gomaco Curb Machine Fuel Type Diesel Diesel Diesel Diesel Diesel No. Vehicles 1 1 1 1 1 1 1 1 PAVING Vehicle Type CAT613Paddlewheel CAT 14G Blade 4,000 Gallon Water Truck Dynapac Vibratory Roller Bla-nox 3200 Paver Hyster Breakdown Roller Hyster Intermediate Roller Dynapac Finish Roller Fuel Type Diesel Diesel Diesel Diesel Diesel Diesel Diesel Diesel *AII construction equipment shall meet or exceed emission standards for such equipment. G:\Janey\TIM\Equipment Inventory Oaks North.doc City of Carlsbad Planning Department December 1,2005 Kevin Sullivan DEC ., 5 200S Morrow Development Ste 180 1901 Wright PI Carlsbad CA 92008 SUBJECT: STREET NAME APPROVALS FOR CT 05-14, CT 05-15, CT 05-16 - VILLAGES OF LA COSTA The following street names have been approved for use in the above-listed subdivision, however, the items listed below must be submitted prior to Planning Department approval of the final map. These names should be included on the final map and all improvement plans. Sitio Bahia Sitio Caliente CorteAltura Sitio Colina Corte Fortuna Sitio Destino Sitio Frontera Avenida Parada Sitio Corazon Corte Panorama In addition, ptease submit the following items to this office: 1 . Street name list; 2. 400 scale mylar delineating street locations and hydrant locations with at least two existing streets and/or intersections shown on the map; and 3. Vicinity map. Please call me at (760) 602-4324, if you have any questions. Sincerely, CHRIS SEXTON Planning Technician 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX {76O) 602-8559 • www.ci.carlsbad.ca.us RECEIVED JAM 2 0 2006 CITY OF CARLSBAD PLANNING DEPT DEVELOPMENT January 20, 2006 1903 Wright Place, Suite 180 Carlsbad, CA 92008 phone: 760 929-2701 fax: 760 929-2705 Mr. Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: La Costa Oaks North Dear Don: I have enclosed the following letters for your files: 1. a letter from Helix Environment verifying that they monitored the installation of the orange environmental protection fence and silt fence at the limits of grading and brush mitigation for the La Costa Oaks North project. 2. results of the Raptor Survey which was performed on January 18, 2006 in compliance with Mitigation Measure 4.4-24 of the Villages of La Costa program EIR. Should you have any questions to the above, please feel free to contact me directly at. (760) 929-2701 ext. 102. Tim O'Grady Senior Vice President TOG:jef Enclosures 11HIenvironmental playing, inc. 5/00 La Mesa Blvd., Suite 150 La Mesa, CA 9194'1-6476 fax (619) 462-0552 phone (619) 462-1515 January 20, 2006 Inland Empire Office phone (951)328-1700 City of Carlsbad Attn: Don Neu 1635 Faraday Avenue Carlsbad, California 92008-7314 Fax (760) 602-8558 Subject: The Oaks North (Oaks Phase 2) Village of The Villages of La Costa project in the City of Carlsbad Dear Mr. Neu, This letter has been written to inform you that the perimeter staking and fencing for The Oaks North segment of the Villages of La Costa project has been completed. The orange construction fence and silt fence installation was completed on January 17, 2006, and was monitored by myself. The fencing was checked using The Oaks North Rough Grading Clearing Limits, digital plans provided by Hunsaker and Associates. Due to fire break requirements some sections of the orange construction and silt fencing are separated from each other as much as 40 — 50 feet. An approved biologist from HELIX Environmental will continue to monitor all phases of the vegetation clearing. Please call if you have any questions. Sincerely, Roger W. Ditrick Biologist Ifflflenvironmental planning, inc. 5/00 La Mesa Blvd., Suite 150 La Mesa, CA 91941-6476 fax (619) 462-0552 phone (619) 462-1515 Inland Empire Office f hone (951)328-1700 January 20, 2006 MDI-17 Mr. Tim O'Grady Villages of La Costa 1903 Wright Place, Suite 180 Carlsbad, California 92008 Subject: Raptor Surveys for the Villages of La Costa Oaks North project Dear Mr. O'Grady: Mitigation Measure 4.4-24 of the Villages of La Costa Mitigation Monitoring and Reporting Program states: "Prior to the issuance of a grading permit, a qualified biologist shall determine the presence or absence of occupied raptor nests on the affected area. Grading and construction which creates adverse effects to active raptor nests, including noise levels above 60 dB(A) at the nest site, shall be restricted to 200 feet from any active raptor nest. This restriction shall be noted on all grading and construction plans. No grading or construction activities shall be permitted within 200 feet of the active nest(s) until the young have fledged." The breeding season for raptors is generally considered to be February 1 through August 15. A raptor nesting survey was conducted on January 18, 2006 for the start of brushing the site. No active raptor nests were observed. An additional pre-construction survey for raptors is necessary if grading is initiated after February 1, 2006 and results in noise levels above 60 dB(A) beyond the edge of development. If any active nests are located, the restrictions noted above will be implemented. Please call if you have any questions. Sincerely, Roger W. Ditrick Biologist iitiienvironmental planning inc. date: to: organization: from: subject: job number: message: NOTICE OF TRANSMITTAL January 20, 2006 Don Neu City of Carlsbad Department of Planning Roger W. Ditrick Villages of La Costa - Oaks North MDI-06.2 Don, Enclosed is the letter of compliance for the HCP limits staking/fencing for the Villages of La Costa project in the City of Carlsbad, La Costa Oaks North Phase 2. If you have any questions please call. Thanks, Roger 8100 La Mesa Blvd., Suite 150 La Mesa, CA 91941-6476 e-mail: RogerD@Helixepi.com phone: (619) 462-1515 fax (619) 462-0552 8100 La Mesa Blvd., Suite 150 La Mesa, CA 91941-6476 fax (619) 462-0552 phone (619) 462-1515 January 20, 2006 Inland Empire Office phone (951) 328-1700 City of Carlsbad Attn: Don Neu 1635 Faraday Avenue Carlsbad, California 92008-7314 Fax (760) 602-8558 Subject: The Oaks North (Oaks Phase 2) Village of The Villages of La Costa project in the City of Carlsbad Dear Mr. Neu, This letter has been written to inform you that the perimeter staking and fencing for The Oaks North segment of the Villages of La Costa project has been completed. The orange construction fence and silt fence installation was completed on January 17, 2006, and was monitored by myself. The fencing was checked using The Oaks North Rough Grading Clearing Limits, digital plans provided by Hunsaker and Associates. Due to fire break requirements some sections of the orange construction and silt fencing are separated from each other as much as 40 - 50 feet. An approved biologist from HELIX Environmental will continue to monitor all phases of the vegetation clearing. Please call if you have any questions. Sincerely, Roger W. Ditrick Biologist From: To: Date: Subject: Tim, Don Neu togrady@morrowdevelopment.com 01/18/20065:11:31 PM Data Recovery Plan for CA-SDI-11,569 & 11570 I have reviewed the document titled "Treatment Plan for Data Recovery Investigation of Archaeological Sites CA-SDI 11,569 .and CA-SDI-11570" prepared by RECON dated January 13, 2006. I have approved the Treatment Plan on behalf of the Planning Director. Please let me know if you need anything further from the Planning Department regarding the City's approval of the data recovery plan. Don Neu, AICP Assistant Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760)602-4612 Fax (760) 602-8559 E-Mail: dneu@ci.carlsbad.ca.us TRANSMITTAL LETTER D TO: ATTN: FROM: RE: EVELOPMENT City of Carlsbad Don Neu Tim O'Grady RE: La Costa Oaks North CT 99-04-03 DATE: January 13, 2006 SENT VIA: Hand Delivery 0 URGENT O PLEASE REPLY 0 FOR REVIEW AND COMMENTS 0 FOR YOUR INFORMATION 0 PHOTOCOPY 0 AS REQUESTED NOTES: I have enclosed RECON's Treatment Plan for Data Recovery Investigation of Archaeological Sites CA-SDI-11569 and CA-SDI-11570 pursuant to the Mitigation Measure 4.5-6. If there is any way you can review and provide us with your approval and/or comments before Thursday, January 19th, I would greatly appreciate it. I am trying to schedule RECON to start on Thursday, January 19th. Should you have any questions, please do not hesitate to contact Mr. Tim O'Grady or myself at (760) 929-2701 ext. 102. Sincerely, Tim O'Grady TOG:jef Enclosure RECEIVED JAN 13 2006 CITY OF CARLSBAD PUNNING DEPT 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Phone: 760 929-2701 Fax: 760 929-2705