HomeMy WebLinkAboutCT 94-09; Carlsbad Ranch Company LP; 1998-0513381; Reimbursement Agreement/Release. - -’
DOG : I?%+0513381 1 A
RECORDING REQUESTED BY 1 FIUG 139 1998 2:46 PM
WHEN RECORDED MAIL TO:
city Clerk
CITY OF CARLSBAD
389 OfTICIhL RECORDS SAN DIEGO CllllNiy RECORDER’S IFFICE GREGoaY ;.$Ttl~ CWNTY RECORDER , m 43.00
1200 Carlsbad Village Dr.
Cartsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN: 211-023-73
AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR CONSTRUCTION OF IMPROVEMENTS FOR CANNON ROAD WEST (REACH 1)
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF
IMPROVEMENTS FOR CANNON ROAD WEST (REACH 1) (“Reimbursement Agreement”),
dated as of July 3 , 1998, is made at San Diego County, California, between Carlsbad
Ranch Company, L.P., a California limited partnership, exclusively in its capacity as owner of
Lot 5, Map No. 13357 (“Owner”), THE CITY OF CARLSBAD, a municipal corporation of the
State of California (“City”), and THE CARLSBAD MUNICIPAL WATER DISTRICT, a municipal
corporation of the State of California (District), with reference to the following:
RECITALS:
A. Owner holds fee title to the real property described on Exhibit A (“Property”), which
Owner intends to develop as part of a golf course (“Project”) as contemplated by Master
Tentative Map CT 94-09 (“Tentative Map”). City’s Planning Commission, by Planning Commission Resolution No.3851, recommended conditional approval of the Tentative Map.
B. Conditions of approval for the Tentative Map (“Conditions”) requires Owner to
construct a portion of Cannon Road, referred to as the “Improvements”, and as more
specifically described in Exhibit “B” attached hereto. Because the Project is within City’s Bridge
and Thoroughfare District No. 3 (“B&TD #3”), certain costs incurred by Owner in performing the
Improvements are reimbursable from fee collections for B&TD #3, Cannon Road West project
funds and water connection fee funds.
C. Owner has agreed to construct the Improvements, but only on terms and
conditions that will ensure that: (i) City will provide reimbursement from B&TD #3, Cannon Road
West project funds and water connection fee funds, on a progress-payment basis, of all
Reimbursable Expenses that are incurred by Owner in connection with the Improvements; and
(ii) City has appropriated funds for the portion of Cannon Road West included in this agreement
with the 1998-1999 Capital Improvement Program; and (iii) District has appropriated funds for
the water and recycled water lines.
D. City, District and Owner intend that this Reimbursement Agreement satisfy the
requirements of GOVERNMENT CODE §66486.
1
. TiiE PARTIES AGREE:
390
1. Cannon Road.
(a) City shall be responsible for acquiring the right-of-way for Cannon Road West
and any off-site grading or borrow site easements required for the grading of that right of way
prior to Owner’s commencement of construction.
(b) Owner’s agreement to perform the Improvements as set forth herein shall fully
satisfy and constitute full compliance with the Master Tentative Map Condition 48(a), 72(g), 73(b) and 74 for the Project.
2. Reimbursable Work.
(a) All work giving rise to Reimbursable Expenses is referred to as “Reimbursable
Work”. Notwithstanding anything herein to the contrary, all Reimbursable Expenses shall be for
work that is within B&TD #3 and oversizing for water and recycled water pipelines.
(b) With respect to all hard costs of construction comprising Reimbursable Work,
Owner has provided the estimated quantities and unit costs of the Reimbursable Work (Exhibit
“B”) for review and the City and District deems them to be reasonable.
(c) During the performance of any Reimbursable Work, Owner shall retain
detailed payment records for all items of Reimbursable Work, for use by City and District in
auditing any subsequent reimbursement requests by Owner. Owner’s requests for
reimbursement (each, a “Reimbursement Request”) shall include copies of contracts, change orders, invoices, payment slips, canceled checks (front and back), lien releases and other
documentation reasonably required by City to evidence the completion and payment for each
item of Reimbursable Work. Reimbursement Requests may be submitted by Owner as
described in Paragraph 3.
(d) Exhibit B sets forth the preliminary cost estimate for the Reimbursable Work. The parties acknowledge that Exhibit B lists items that are eligible for reimbursement and in
what percentage they are eligible for payment in accordance with the procedures of Paragraph
3 below.
(e) City and District shall provide Owner at its sole expense, all plans,
specifications, permits, City inspections and licenses. necessary to complete Owner’s Work.
City and District shall also provide the services during construction by its civil engineer (O’Day
Consultants). Owner shall reimburse the City and District for reasonable costs incurred by City
and District for the above items in the amounts as indicated in Exhibit C.
2
3. Audit of Reimbursable ExDenses.
(a) Owner may submit Reimbursement Requests for each month, or portion thereof, during which Reimbursable Work was performed.
(b) All Owner’s Reimbursement Requests will be processed and audited for City by a reputable consulting engineer selected by City (“Auditing Engineer”). The costs of the Auditing Engineer shall be paid directly by City and District from B&TD #3 and Cannon Road
West and water connection fee funds.
(c) The Auditing Engineer shall review all contracts for Reimbursable Work and the payment records submitted in connection therewith, and shall within thirty (30) days after receipt thereof issue to City and District and Owner a written report either accepting Owner’s submittal or specifying with particularity any reimbursement items or amounts not approved.
Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by Owner using the dispute resolution procedure of Paragraph 5 below.
(d) City’s and District’s reimbursement obligations hereunder shall be based upon
the actual costs incurred by Owner in performing Reimbursable Work; provided, however, that to the extent that the cumulative total of BTD#3 Reimbursable Expenses exceed the costs for such work estimated in Appendix A to the Fee Study Report for B&TD #3 dated April 16, 1998, (“Project Cost Estimate”), plus the twenty percent (20%) contingency, then prior to payment of such excess, the B&TD #3 fee program shall within the following twelve (12) months be amended to reflect the actual construction costs.
4. Pavment of Reimbursable ExDenses.
(a) Upon the Auditing Engineer’s determination on any Reimbursement Request for Reimbursable Expenses, City and District shall, within thirty (30) days thereafter, pay all undisputed Reimbursable Expenses to Owner.
(b) Any disputed Reimbursable Work that are ultimately agreed or determined to be payable shall be paid to Owner within thirty (30) days after any settlement with or award to Owner pursuant to Paragraph 3(c) above.
Cc) Prior to making any Progress Payment(s) for BTD#3 Reimbursable Work
performed by Owner between Stations 37+50 and 50+00, the City shall first deduct from said
Progress Payment(s) an amount equal to the Property’s fair share fee for BT&D #3, currently estimated to be $52,226.00 as indicated in Exhibit C and Owner shall receive a credit against the B&TD #3 fee obligation for the Property in the same amount.
5. DisDutes. If a dispute should arise regarding the performance or interpretation of this Reimbursement Agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by an officer of Owner or by City’s Public Works Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Public Works Director or officer of Owner receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council and/or the Water Board may then opt to consider the directed solution to the problem. In such cases, the action of the City Council and/or the Water Board shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law.
3
392
6. Other Provisions.
(a) Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been duly
delivered upon personal delivery, or by Federal Express (or similar reputable express delivery
service), or by facsimile transmission with back-up copy mailed the same day, or as of the
second business day after mailing by United States certified mail, return receipt requested,
postage prepaid, addressed as follows:
If to Owner, to: Carlsbad Ranch Company, L.P.
c/o Carltas Company
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008 Telephone: (760) 431-5600
Facsimile: (760) 431-9020
Attention: General Partner
If to City, to: The City of Carlsbad Public Works - Engineering Department
2075 Las Palmas Drive
Cartsbad, California 92009
Telephone: (760) 438-l 161 x 4391
Facsimile: (760) 431-5769
Attention: Public Works Director
If to District: The Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Cartsbad, California 92008
Telephone: (760) 438-2722 Facsimile: (760) 31-1601
Attention: General Manager
or to such other address or to such other person as any party shall designate to the others for
such purpose in the manner set forth above.
(W This Reimbursement Agreement, and the releases and other agreements
contained in this Reimbursement Agreement shall be binding on and inure to the benefit of the parties and their heirs, successors, assigns, partners, principals, agents, officers, directors,
shareholders and attorneys of the Parties. Notwithstanding the foregoing, any reimbursement
rights hereunder shall remain with Owner unless Owner should specifically assign those rights
to a successor, by a written assignment delivered to City.
w This Reimbursement Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute but one and the same instrument.
W No modification, waiver or discharge of this Reimbursement Agreement
shall be valid unless the same is in writing and signed by the party against which the
enforcement of such modification, waiver or discharge is or may be sought.
@I This Reimbursement Agreement shall be interpreted and enforced under
the laws of the State of California.
(9 Time is of the essence of each provision of this Agreement.
(9) The term of this agreement shall be for a period of two (2) calendar years
from the date hereof.
(W This Agreement shall be effective on and from the date on Page 1 of this
Agreement.
0) The following exhibits are attached to and by this reference incorporated
into and made a part of this Reimbursement Agreement:
A
B C
Legal Description of Property Preliminary Cost Budget Summary
City and District Reimbursable Costs
IN WITNESS WHEREOF, the parties have executed this Reimbursement Agreement as
of the date first set forth above.
Owner:
CARLSBAD RANCH COMPANY, L.P., a California limited partnership
By: Carltas Company, a California limited partnership, General Partner
By: Carltas Management, a California corporation,
City:
District:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney/
General Council
BY .
As&ant City Attorney/
ti sistant General Council
-.
3P
1 -
CALIFQRNIA ALL-PURPOSE ACKNOWL,EDGlinEN
State of &l-i2 rnh)lA
County of ,Slal;l Di.!ZW
On JML\l 3 , 19qtY
Date ’
before me, t(AlmJ Mw-43, Ph77w pul?Llc ,
Name and Title of Officer (e!g.. “Jane Doe. Notary Public”)
personally appeared fi HIS --pP~Z c. Pu6JK I Name(s) of Signer(s)
w sonally known to me - 0fY u” e to be the person@
whose namemar. subscribed to the within instrument
and acknowledged to me thamwxecuted the
same inU$l/h&Mirauthorized capacity(ies), and that by
-signature@) on the instrument the person.@&
or the entity upon behalf of which the person&j acted,
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ,&!I?m)dT /?@- ei/M@u @sw\%%dr af= 6% A I 1 eMd@d p@
Document Date: 7/z-a/4 8 Number of Pages: 5 PLUS E%f4
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Attorney-in-Fact
0 Trustee
Si or/ er Is Representing:
Top of thumb here
Siyte6 Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
Cl Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
@ 1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 9tSgg.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
395
h
EXHIBIT =A
LEGAL DESCRIPTION OF PROPERTY
Lot 5 of Map No. 13357, Carlsbad Ranch Unit 1 recorded in the Office of the County
Recorder of the County of San Diego, State of California, September 11, 1996.
PRELIMINARY COST BUDGET SUMMARY
CANNON ROAD EXTENSION
I ITEM I I REIMBURSABLE EXPENSES
I Eligible
R. E. Hazard Juty 10, 19971
TOTAL [ Non-Eligible
~coNsTRUCT~ON COSTS:
A. 5%. 37+50 to sta. 60+60
1
2.
3.
4.
5.
6.
7.
8.
9.
10.
11
12
13.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 .
34.
35
36
37
38.
39
40
41
42
43
44.
45
46
47
48 .
49
50
51
52
53
54.
55
56
57
58
Mobilization
Construction Water
Furnish 8 Install Project Sign
Remove Temporary Fence
Rebalance Subgrade to +I- 0.5’ (Allowance)
Subgrade Preparation
Conduit, Wtre. Pull Boxes 8 EIecbical Service
Type 21 Street Lights, 200 Watt
Adjust Valve Cover to Grade
Aggregate Base
Asphatt Concrete Pavement
Cold Plane Existing AC
Blnch Type “A” AC Dike
Zlnch Thidc AC Sidewalk
street Monument M-l 0
Blnch Type “BY’ Median Curb
Type “G” Curb 8 Gutter
PCC Sidewalk
Commercial Concrete Driveway
4” Median Stamped Cont. at Cannon Rd.
Pedestrian Ramp Type “8”
Remove Plug 8 Connect to Existing Sewer
8-Inch PVC Sewer Main
sewer Plug
Sewer Access Hole
Sewer Vdeo Inspection
24-Inch Welded Steel Reclaimed Water Main
16-Inch Welded Steel Water
12-l& WSP Stub Out
B-Inch Blow Off Assembly
24-Inch Butterfly Valve
16-Inch Gate Valve
12-inch Gate Valve
Cathodic Test Station
Connect to Existing 20-tnch Watertine
Connect to Existing 12-Inch Waterline
d-Inch Steel Thrust Ring Spool and Concrete
Remove Existing 12-Inch PVC
a-Inch Air Vacuum Valve
P-Inch Manual Air Release
2-Inch Rectaimed Water Irrigation Service
Handle Undergrcund Spoils
15’4” x 10’ SS Arch Undercrossing
Structure Excavation (Arch UC)
Structure Back611 (Arch UC)
12* WC Private Drain
18” x 18” Private CB
Timber Bulkheads
4” Perforated PVC Subdrain
1 CF - 3/4” Rock Drain
Arch Underpass ASTM BackfilUMonitoring (Allow)
TVlCATV Conduit
Erosion Control Device Removals (Allowance)
3” Sch. 60 PVC Q Future Signalized Intersection
Signing 8 Striping
Site Preparation Landscape Areas
Bark Mulch
Median Tree 24” Box
7-1E-984m’r updmd (rn.S. excel 5.095)
1 I LS = s 30,500.00
1 I LS = s 1,200.00
1IEA =s 1.800.00
1IEA =s 700.00
1 I LS = s 11.500.00
w).SOO I SF = 5 13,575.90
1 I LS = 5 4.400.00
4/EA =$ 9,200.oo
31EA =s 1,275.OO
8,500 I TN = S 102,000.00
2,900 I TN = S 84100.00
2,560 I SF = $ 1,935.oo
1201LF =S 600.00
565 I SF = 8 1,271.25
lIEA=S 400.00
2,360 I LF = 5 12,880.OO
2,401 / LF = 5 14.045.65
12,000 I SF = S 17.400.00
170 / SF = 3 510.00
12,707 I SF = S 39,391.70
1IEA =s 350.00
IIEA =s 600.00
943 I LF = 3 18660.00
21EA =f 160.00
3lEA =s 7,200.OO
9431 LF = 6 943.00
1,2621LF =S 132.510.00
1.2741LF =S 95,550.oo
21EA =s 9.720.00
2/EA =s 9.750.00
21EA =s 15.800.00
21EA =s 6,81X.00
31EA =s 3.56500
21EA =s 3,030.oo
lIEA =s 7,120.OO
lIEA =s 6,OOO.OO
2lEA =s 3,050.oo
48lLF =S 864.00
2lEA =s 4600.00
l/EA =s 1.38500
53 I LF = S 2,014.OO
1 I LS = $ 10.000.00
1841LF =S 126,040.OO
9,500 I CY = $ 29,450.oo
6,655 I CY = f 122,901.oo
8841LF =f 22.100.00
2lEA =s 1,840.OO
21EA =f 12.610.00
184lLF =S 4,324.OO
1641LF =$ 3.680.00
1 I LS = s 25.000.w
140 / LF q S 5.600.00
1 I LS = $ 10,000.00
1 I LS = s 1.500.00
1 I LS = 0 5.000.00
1 I LS = s 2.300.00
1 I LS = s 510.00
91EA =s 7.650.00
1 Of5
f 13,115.oo
L 516.00
t $637.25 __.
s 4,400.oo
t 9.200.00
43660.00 t
S 36.163.00
J 600.W
S ip271.25
5 14945.85
s 17,400.00
S 510.00
S 39 391.70 ----Lo - 5 350.00
S 600.00
S 18 660.00 i S 160.00
S 7.200.00
E 943.00
S 66866.00
t 67.522.00
s 9,720.oo
S 9,750.oo
L 1.490.00
S I 490.00 I- S 2 235.00 -I- L 3.030.00
S 7.120.00
S 6.000.00
0 3,050.oo
S 664.00
0 4.000.00
t 1.385.W
S 1o,ooo.w
0 126,040.OO
f 29,450.oo
S 122,901 .oo
s 22,100.00
S 1,640.OO
S 12 610.00 -I-
S 4,324.OO
S 3.680.00
f 25,OOO.OO
s 5.600.00 .-
~-__
S 1,500.00
S 989.00 - s 510.00
8 7.650.00
E 17.385.00
S 684.00
S 1.8W.W
S 700.00
0 _ 11,5orJ.OO
t 7,731.z
S 1,275.OO
S 58.140.W
S 47,937.oo
S 1,935.oo
f 400.00
f 12.880.00
5 65.624.00
f 28.028.00
-S 14,310.w
t 5,310.oo
5 1.350.00
f 2.014.00
a 10.000.00
S 5,ooo.oo
a 1.311.00
-
7i?aB1 I4
59 5 Gal. Median Shrub
60 . Hydroseed Mix #3
61 Hydroseed Mix #2
62 . Hydweed Mix #I
63 , Median Irrigation System
64 . 4” PVC Median Underdrain
65 . 4” Psrf. PVC Median Underdrain
66 Maintenance & Plant Establishment Period
67 Phi9 Weep Holes In Curb Inlets
68 Stabilized Construction Enhance
69 Gravel Bags
ITEMS 27 THROUGH 33 ARE DISTRICT REIMBURSABLE ITEMS
216 I EA = $ 3,888.OO
1 I 1s = S 28,OOO.OO
I! LS = s 9.245.00
1 I LS = $ 4.950.00
i/LS =t 19.120.00
802 / LF = $ 3,609.OO
340 I LF = $ 3.080.00
4 I MO = s 3,100.oo
21EA =s 600.00
5,250 I SF = 0 5.250.00
600 I I3 = $ 750.00
7.k5.9apld ~pdasd (t-t7 S. 6~~4 s.rrn5) 2 of 5
3-- 1.150.051.80
s 3,888.W
S 9,245.OO
S 19.120.00
S 3,809.OO -
S 3.060.00
S 3,100.00
S 8?5,181.0s 5 334,870.75
S 29,000.00
Y4,950.00 S
S 600.00 __-- _____ s $250.00
s 750.06 -__
.
B. Sta. 86+W to Sta. 63+99
1 Mobiiiiation
2 Construction Water
3 Rebalance Subgrade to +/- 0.5’ (Akowance)
4 Subgrade Preparation
5 Conduit. Wire, Pull Boxes 8 Elec. Service
6 . Type 21 Street Lights, 200 Watt
7 Aggregate Base
8 Asphalt Concrete Pavement
9 Street Monument M-10
10 8Inch Type”B1” Median Curb
11 Type “G” Curb & Gutter
12 PCC Siiewalk
13 Commercial Concrete Driveway
14 4” Median Stamped Cont. at Cannon Rd.
15 24” Welded Steel Waterline
18 16” Welded Steel Waterline
17 24” Butterfly Valve
18 16” Gate Valve
19 2” Air Vacuum Valve
20 2” Blow Off Assembfy
21 2” Irrigation Service
22 3” Steel Thrust Ring Spoof and Concrete
23 Metal Beam Guard Railing
24 Chain Link Fence
25 Erosion Control Device Removals (Allowance)
26 3” Sch 80 PVC Q Future Signalised Intersection
27 Signing 8 Striping
28 MQBarrimde
29 Sine Preparation for Landscape
30 BarkMulch
31 5-Gal. Median Shrubs
32 Median Tree - 24” Box
33 . Hydmseed Mix #3
34 Hydmseed Mix #2
35 Hydmseed Mix #I
36 Median Irrigation System
37 Maintenance 8 Plant Establishment Period
38 Erosion Control (Allowance)
39 Gravel Bags
40 Plug Weep Holes in Curb Inlets
Items 15 through 20 are District reimbumable items
C. Sm. 58+58 to Sta. 72+62.05
Macarlo Canyon Brtdge East Abutment
1 Mobilization
2 Develop Haul Roads
3 Construction Water
4 Remedial Grading
5 Import Fill (From Lot 5)
6 Import Fill (From LEGOIAND)
7 Earthwork Stockpile/Storage Charge
8 II2 Ton RSP
9 Drainage Ditch Type D75
10 Prefabricated Verttcal Drain System
11 Geotechincal Envelope
12 Aggregate Base 8 314” Rock
13 Install City Furnished Piezometen
14 ‘T’ Stakes for wick Drain System
15 Deep Settlement Plates
18 Shallow Settlement Plates
17 Auguring for Prefab. Vertical Drains
18 Erosion Control (Allowance)
19 Gravel Bags
7-1W9~palm’s updated (mt. oxcal So-95)
I ITEM I I TOTAL
398
1 I LS = $
1 I LS q s
1 / LS = s
87,100 I SF = f
1 I LS = $
4lEA =$
7,525 I TN = S
2,715 I TN = S
21EA =s
2.600 I LF = S
2,606 I LF = $
13.090 I SF = S
3.40 I SF = f
16,394 I SF = S
1,302 I LF = S
1.3051LF =S
IIEA =s
1IEA =s
21EA =s
2/EA =s
l/EA =s
41EA =I
1,2951LF =$
900 I LF = S
1 I LS = s
1 I LS = s
1 I LS = s
1001LF =S
1 / LS = 0
1 I LS = $
442 I EA = s
131EA =s
1 I LS = $
? I LS = $
1 I LS = s
1 I LS = s
4 I MO = S
1 I LS = s
1,250 I EA = S
8/EA =S
0
1 I LS = s
1 I LS = s
1 I LS = s
11,290 I CY = s
50,000 I CY = s
25,000 I CY = S
25,000 I CY = S
2,000 / CY = s
750 I LF = S
275,000 I LF = $
14,150 I SY = s
18,100 I TN = S
1 I LS = s
14 I EA = s
21EA =s
51EA =s
51,500 I LF = S
1 I LS = s
350 I EA = 0
3of5
25.000.00
1,250.OO
5,500.w
13,065.w
5,500.oo
9,2W.O0
90,300.w
78.735.00
800.00
14560.00
15.210.00
18,850.OO
1,020.00
50,821.40
136.710.00
97.875.00
7,QW.W
3,400.oo
4,ooo.oo
3.184.00
1.730.00
8,100.OO
54,390.oo
16,2W.O0
1o,ooo.w
1,500.w
2,500.OO
3,000.w
4,100.00
195.00
7.956.00
11.050.00
8.6W.00
11.6W.00
108.88O.W
40.765.00
7.180.00
7,500.oo
1562.50
1,800.OO
889.48890
40,000.00
13.500.00
6,459.W
38.080.00
182,500.W
133,750.w
1,250.OO
110.000.00
5.475.00
275,OOO.OO
21,225.oo
402.500.00
5.020.00
2,450.OO
4,?90.00
3,3w.o0
126,175.W
15,000.00
437.50
REIMBURSABLE EXPENSES
Non-Eligible 1 1 Eligible
S
S 25,OW.OO
s 1.250.00
-S 5,500.w
S 13,065.w
s 5,500.oo
S 9.200.00
i 90.3w.w
S 78,735.W
5 5 6OO.W 6OO.W -- -- ___~ ___~ S S 14.58900 14.58900
S S 15,210.OO 15,210.OO
S S 18,850.W 18,850.W
5 5 1,020.00 1,020.00
5 5 80.821.40 80.821.40
136710 136710
97875 97875
7900 7900
3400 3400 4000 4000
3164 3164
S S 1.730.w 1.730.w
6100 6100
S 54.390.00
S 16.200.W
10.000.00 S
S 1,500.00
S 2 500.00 I
5 3,ooo.oo
S 4 lW.00 --- 1
s 195.00
-s 7.956.00
S 11,050.00
S 8.800.00
-s 11,800.OO
s 108,880.00
S 40.765.00 --
s 7,180.00-
0 7,500.oo
S 1 562.50 I S 1,800.OO
S 689,488.90
S 40,000.w
S 13,5w.o0
S 6.45900 t 36;08O.W
S 182,500.OO 4 133.750.00
2 1,250.OO
s 110,000.00
-0 5,475.oo
S 275000.00
S 21:225.00
S 402,500.OO
3 5.020.00 - 2.450.00 S
S 4 790.00 .~-_-..__ L-
S 3,300.w
S 126,175.OO -
S 15.000.00
S 437.50
7r3w98 I?
-
.
20 Silt Fence
21 Environmental Fence (Habitat)
7.1599-9&m’s updoled (m ‘. excel U-95)
1
1,500 / LF = 5 6.000.00 S 8.WO.00 -~ 1.3bO I LF = S 14.850.00 S 14,850.OO
S 1,387,752.50 $ S lJ87s752.50
Construction Total t 3,427,293.29 S 815,181.05 S 2,612,112.15
Construction Contingency @ 2% s 665,456.64 s 183,036.21 $ 522pu.43
4 of 5
[INCZ~DENTM cosTs:
Soils Engineering (Altowance) 1
2.
3.
4.
5.
6.
Field Engineering (Surveying)(Allowance) S 38,400.00 s 14,449.06 $ 23.95094
Archaeological Monitoring (Allowance) S 5.000.00 t 5.000.00
Palaontological Monitoring (Allowance) S 5,ooo.oo S 5,ooo.oo
Overhead Allocation (4.00 % Allowance) =s 169,830.47 $ 40.394.15 s 129,436.33
Liability Insurance Reimbursement (1.00 % Allowance) =s 35,603.03 $ 0,460.17 $ 27,134.66
.
I 23.70% 76.22%
S 64,610.OO S 12,564.60 $ 72,025.40
Incidental Total s 362,846.47
Incidental Contingency @ 25% f 75,710.12
Total Estimated Cost L 4,461,302.U
s 67,427.60
s 16,656.N
1,062,662.01-
TOTAL ESTIMATED DISTRICT REIMBURSABLE ITEMS $ 459,279 TOTAL ESTIMATED CITY REIMBURSABLE ITEMS $2,969,521 TOTAL ESTIMATED NON-REIMBURSABLE ITEMS $1,062,502
t 236,412.67
t 66,653.17
t 3,420,6#.42
7.159S,,alsn’r uplaled (“IS excel 5.095) 5of5
-
EXHIBIT “C”
CITY REIMBURSABLE COSTS
CANNON ROAD WEST REACH 1
DESCRIPTION
Inspection fees
based on $602,876.05
Bridge and Thoroughfare District No. 3 Fee
$124 X 800 ADT = $74,400
Less fee paid with AD 95-1 $22,174
AMOUNT
$6,680
$52,226
. h h
AMENDMENT NO. 1 TO AGREEMENT FOR REIMBURSEMENT
The agreement dated July 30, 1998 for reimbursement of costs for construction
of improvements for Cannon Road West (Reach 1) between the City of Carlsbad, a municipal
corporation, the Carlsbad Municipal Water District, a Public Agency organized under
the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, and
Carlsbad Ranch Company, L.P., a California limited partnership, is hereby extended for a period
of one (1) year ending on July 30,200l.
All other provisions in the original agreement shall remain in full force and effect.
All insurance policies to be maintained by Owner shall be extended to include
covera e for this extension period. hTNf; 7 ltq /so00
CARLSBAD RANCH COMPANY, L.P., a California limited partnership
By: Carl& Company, a California Limited partnership, General Partner
w
By:
Chief Financial Officer
CITY:
CITY OF CARLSBAD, a municiPal
DISTRICT:
-t-ORRAINF M.WOOD City Clerk
894 0 d
DATE - .
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
Rev.7/18/00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
S D
.
County of Gn tcqo I
ss.
On Jtily 2q, 28(7qbeforeme, r/fohl& R ’ BP040 ;O@) ’ Date Name and Title of OffGer (e.g.. “Jane Doe. Notary%blic”)
personally appeared ~IV/C~&%A c. pAi&& k&VW H. &l/u.“j Name(s) bf Signer(s) ’
/ @ personally known to me
Cl proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)+are
subscribed to the within instrument and
acknowledged to me that h&she/they executed
the same in -h&%&their authorized
capacity(ies), and that by Mr/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary S-M Above
WITNESS my hand and official seal. ,
b-TA-E-~
Signature of Notary Public U
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:#im~dm~n) dQ . 1 -fD hw@cw\~r\ .f $‘f
7/24)WOO fhw&mm-+
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s &met
_ -
Cl Individual
(7 Corporate Officer - Title(s):
q Partner - 0 Limited 0 General
0 Attorney in Fact
•i Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907