HomeMy WebLinkAboutSDP 97-08A; MSGW California II LLC; 2001-0000000; Reimbursement Agreement/ReleaseJLY** “, ‘; :. ‘I
4 i-,2:
APN: 209-050-25/SDP 97-08(A)
AGREEMENT FOR REIMBURSEMENT OF
COSTS FOR DESIGN & CONSTRUCTION OF
IMPROVEMENTS FOR ORION STREET
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN AND
CONSTRUCTION OF IMPROVEMENTS FOR ORION STREET BETWEEN EL CAMINO REAL
AND FARADAY AVENUE (“Reimbursement Agreement”), dated as of mst 10, 2001, is
made at San Diego County, California, between MSGW CALIFORNIA II, LLC aZali#anQa
I
l&&ed-Kibiity-CeFptwation (“Developer”), and THE CITY OF CARLSBAD, a municipal
corporation of the State of California (”
a Delaware limited liability camp
A. Developer is completing the construction of improvements on property identified as
Assessor’s Parcel Number 209-050-29 and known as the Carlsbad Corporate Center (“Project”)
located west of Orion Street, south of Faraday Avenue and east of El Camino Real as indicated
on Site Development Plan Amendment 97-08(A) (“Site Development Plan Amendment”) as
further shown in Exhibit A. The Developer has obtained City approval of improvement plans for
the Project (DWG 381-2) that includes the design of certain improvements in Orion Street off-
site from the subject property on Assessor’s Parcel Number 209-050-25 (“Orion Street
Improvements”) as further shown in Exhibit B. City’s Planning Commission, by Planning
Commission Resolution No. 4552, recommended conditional approval of the Site Development
Plan Amendment on May 19, 1999.
B. Site Development Plan Amendment Condition of Approval No. 1 ID requires
Developer to prepare documents satisfactory to the City Engineer and agree to install additional
street improvements in Orion Street off-site from the Project including any necessary transitions
to existing grading and improvements. Because the Orion Street Improvements are connected
to the City’s Capital Improvement Project No. 3603 (“CIP Project”) and since it is in the best
interest of both the Developer and City to construct both the Orion Street Improvements and
CIP Project (“Joint Improvements”) at the same time by the same contractor, therefore certain
costs incurred by City in performing the design and construction of Joint Improvements are
reimbursable from the Developer.
NOW, THEREFORE, the City and Developer agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein by
this reference.
2. Citv Obligations. In consideration of Developers reimbursement and other
undertakings as set forth herein, City agrees to perform the following in order to construct the Joint Improvements defined below (collectively, the “City Obligations”). Developer agrees that
the City Obligations will only partially satisfy implementation of Developers Condition 11 D of the
Rev. 6/7/01
-1 -
Site Development Plan Amendment, in that the Developer is still responsible for additional items
of work as stated in Paragraph 3 below.
Joint Improvements
(a) Complete the design of CIP Project for Grading and
Improvement Plans (DWG 380-9) including the necessary
references to Orion Street Improvements, which have been
prepared by Developer;
(b) Obtain City approval of the CIP Project;
(c) Grade the full-width right-of-way;
(d) Construct street improvements including subgrade preparation, aggregate base, asphalt paving and concrete
curb and gutter;
(e) Construct 48-inch RCP Storm Drain for Orion Street
Improvements as shown on Sheet 4 of DWG 381-2;
(f) Construct lo-inch water line realignment under 48-inch Storm Drain for Orion Street Improvements as shown on
DWG 381-2B.
3. Developer Oblinations.
(a) Developer has acquired the necessary easement, which was recorded on
January 12, 2000, as document number 2000-0018490 for the Orion Street improvements
(Exhibit C), and has received the necessary letter of permission for off-site grading for the
Storm Drain by letter dated October 6, 1999 from the County of San Diego (Exhibit D).
(b) The parties acknowledge that the remaining items of Condition 1 ID, other
than those items to be constructed as a part of the City Obligations under this agreement
including such items as the concrete sidewalk, all landscaping and irrigation west of Orion
Street, construction of two street lights, as well as the undergrounding of SDG&E facilities, will
be constructed by Developer and are not reimbursable by City to Developer.
(c) Developer’s agreement to have City construct the Orion Street Improvements
above, shall satisfy and constitute partial compliance with Condition 1 ID of the Site
Development Plan Amendment excepting therefrom the improvements as set forth in
Paragraph 3 (b) above. City’s performance of the City’s Obligations under this agreement is
expressly agreed by Developer to be contingent upon Developer’s entry into, and performance
under, this Reimbursement Agreement
4. Reimbursable Work.
(a) All work giving rise to Reimbursable Expenses is referred to as
“Reimbursable Work”. Reimbursable Work includes, but is not limited to, “Reimbursable
Construction Work” and “Reimbursable Incidental Work” both of which are defined below. A
preliminary cost estimate of all Reimbursable Expenses is shown in Exhibit E.
(b) With respect to all hard costs of construction for the Orion Street Improvements comprising Reimbursable Work (collectively “Reimbursable Construction Work”), City shall solicit bids from contractors. Reimbursable Construction Work shall be bid together with Non
Rev. 6/7/01 , -2 -
Reimbursable work for that portion of the Joint Improvements, which are being bid by such contractor. Upon selection of the contractor by City and agreement upon a contract amount, the costs thereof shall be allocated among the bid items consistent with the method and process used in the Exhibit E. The parties agree that the spreadsheet attached hereto as Exhibit E is a fair allocation of the costs under such contract as among the items of Reimbursable Work and Non Reimbursable Work. Costs shown in Exhibit E are subject to
modification through change orders pursuant to Paragraph 4(c) of this Agreement.
(c) All change orders affecting Reimbursable Work shall be subject to approval by both City and Developer. At the time of approval, the parties shall also determine the portion of the change order which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Orion Street Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work and Non-Reimbursable Work in Exhibit E for that portion of the Orion Street Improvements.
(d) Reimbursable Work will also include the expense to the City for design
coordination, project management and inspection of the Orion Street Improvements (collectively
estimates the total cost of Reimbursable
Incidental Work as d allocation specified in Paragraph 4(g) of
any Reimbursable Work, City shall retain detailed
payment records for all items of Reimbursable Work, for review by Developer. City’s requests
for reimbursement (each, a “Reimbursement Request”) shall include copies of bids received,
invoices, lien releases and other documentation reasonably required by Developer to evidence
the completion and payment for each item of Reimbursable Work.
(f) Exhibit E sets forth the preliminary cost estimate for both the Reimbursable
Work and the Non-Reimbursable work stated in Paragraph 3(b) above. The parties
acknowledge that Exhibit E, which was jointly prepared by City and Developer’s engineers, is
for illustrative purposes only and that Developer is responsible for payment of all costs as
requested by the City in accordance with the procedures of Paragraph 5 below.
(g) City shall be entitled to an overhead allocation of four percent (4%) of actual
Reimbursable Expenses in lieu of other reimbursement for City’s costs incurred for salary and
benefits for office staff of City’s engineering department, purchasing department, finance
department, field supervision above the level of on-site inspector, and general legal and
accounting fees.
5. Pavment of Reimbursable Expenses.
(a) Payment for Reimbursable Expenses shall be made by Developer in the
following stages: 1) Deposit of $20,000 with Developer’s signed copy of this
Reimbursement Agreement and before signature by City to
reimburse City for a portion of the Reimbursable Incidental
work.
Rev.6/7/01
-3 -
2) Deposit of the remaining Reimbursable Incidental Work plus
contractors bid amount for Reimbursable Construction Work
plus ten percent (10%) for potential change orders within 15 calendar days after City receives bids on the Joint
Improvements and prior to award of contract by City.
3) Payment of actual Reimbursable Expenses plus the
overhead allocation of four percent (4%) less deposits shall
be made within 30 calendar days after the date of City’s
Reimbursement Request.
(b) At such time as the Reimbursable Expenses are known to exceed the total
payments made by Developer for the Project, then Developer shall make payment of any additional Reimbursable Expenses within 30 calendar days after the date of City’s
Reimbursement Request.
(c) After the Notice of Completion is filed and the Developer has paid the actual
final Reimbursable Expenses as required in the Paragraphs 5 (a) and 5 (b) above, the City will
release Developer’s bonds for the Orion Street Improvements and return any excess deposits
that exceed the total of the actual Reimbursable Expenses plus the four percent overhead
allocation pursuant to this agreement. Failure by the Developer to comply with this agreement
will result in the City’s calling of the Developer’s bonds for the Orion Street Improvements. The
Developer’s bonds for the Orion Street Improvements were conditioned by Planning
Commission Resolution No. 4552.
6. Disputes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question
of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the City’s Director of Public Works (the “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 Director, or principal, upon receipt, shall reply to the letter, including 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 may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and directs a
solution, the action of the City Council shall be the final administrative remedy for the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law.
7. Termination and Release. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and City. Upon performance of the obligations referred to in Section 5 for the Project and after City has filed the Notice of Completion for the Joint Improvements, the provisions of this Agreement shall no longer apply and shall automatically terminate as to the Project. Upon the request of Developer, City shall execute and deliver to Developer any further documents and/or instruments reasonably necessary to evidence that the Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing such documents and/or instruments shall
be paid by Developer.
8. Assinnment of Agreement. Developer shall not assign this agreement or any part thereof or any monies due thereunder without the prior written consent of the City.
-4-
Rev. 6/7/01
. --
9. Notices. 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, address as specified herein. Notices required to be given to Developer shall
be addressed as follows:
MSGW CALIFORNIA II, LLC c/o Gale & Wentworth California, LLC Attention: John A. Dobrott 2030 Main Street, Suite3+9- 200 Irvine, CA 92614 Telephone: (949) 260-I 900 FAX: (949) 260-1925
Notices to City shall be delivered to the following:
CITY OF CARLSBAD Engineering Department Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008
Telephone: (760) 602-2730 FAX: (760) 602-8562
Each party shall notify the other immediately of any changes of address that
would require any notice delivered hereunder to be directed to another address.
10. Transfer or Assianment Not Permitted. The obligations and benefits of this Agreement shall not be transferred or assigned.
11. Counterparts. This 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 one and the same instrument.
12. Governing Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California.
13. Complete Aureement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter.
14. Amendment. This Agreement may be amended by a written instrument executed by City and Developer (including for this purpose any successors of Developer, to the extent of their ownership of real property within Project); except that no amendment regarding the provisions for reimbursement to Developer shall be valid unless executed by Developer.
15. Term. This Agreement shall be effective as of the date first above written, and shall terminate after the Developer fully reimburses City the Reimbursable Expenses and after the City has filed the Notice of Completion for the Joint Improvements.
Rev. 6/7/01
-5 -
. --
16. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit.
17. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
18. Exhibits. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement:
A Carlsbad Corporate Center Project property description
B Orion Street Improvements
C Recorded Easement Document No. 2000-0016490
E Letter of Permission to Grade dated 10/6/99 Preliminary Cost Estimate of Reimbursable Expenses
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.
Printed Name: Jan&PO Qr. 7-harflc ”
Title Ati++ ~~-I‘zM /?kyc s~-ktl;~ ”
(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.)
De*ty City Attorney
Rev.6/7/01
-6 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ti I
ss. County of (2&7qz -
On&u 20, 200, , before me,m OlJ/QU~ Y* make?, ?-SRX
Name and Tie of Officer (e.g., “Jane Doe, Notary~ublic”)
u b/it ,,
Date
personally appeared 3 OHd P. /)Or3rzO~;T- 1 Name+jof Sign&.&
Ei-personally known to me
B-proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person@ whose name@ is/at+
subscribed to the within instrument and
acknowledged to me that he/sM#+qexecuted
the same in his/be&h&r authorized
CapacityJies), and that by his-
signature(s) on the instrument the person@, or
the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
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:#qm#. f%& /jZ~~rn&d~~i~~d~ &F C0~r-r F&C ~&SG,Q w
CZUnSsLPidL r/d ~~~mP/zb(/cmE~d75 jr-K OPc an S7k?FL?7
Document Date: &e 25~. 3 / Number of Pages: 6
Signer(s),Other Than Named Above:&flm- G . ~-~=v--zx &&-M/QJ P. BAcl, &X83+
i3iw G
7
fnf%9k5/iL Of-L /77fyoR l=aR FM. c/4 bF c%f=Jgr7-0.
Capacity ies) Claimed by Signer L-Y
Signer’s Name: -~XJ 8 _ Dabr;l SLt
q Individual
dcorporate Officer - Title(s): iQcwwni/,,m~~ ZEa ~q+m
0 Partner - 0 Limited 0 General
II Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: #YM 6 d C 6964 FaRnJ /& q L .L. c.
8 1997 National Notary Association * 9360 De Soto Ave., P.O. Box 2402 l Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
State of California
3 County of *r. runqz I
ss.
Date lrdame and litle of Officer (e.g., “Jane Doe, N&y Public”)
personally appeared sio~atxo/I 6. n?w-/fQc
Name(s) El Signerfef I
Impersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose name(+) is/ate-
subscribed to the within instrument and
MONIQL
Commissic 2 f Noton/ Puhl
1
acknowledged to me that he/sheMey executed
tn# 1173559 the same in his/i+e#t&r authorized
-, --.ic - California g capacity(&), and that by his/~
Orange CounIy - signature&j-on the instrument the person(s), or
the entity upon behalf of which the person&J
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
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: fisti. -&- &m~f 4 C&-r ts f& d-cJi,n ~C~-+n.LLfi&
&= /o?f=2.JMmfJ FM 3Zla/7 a-7cE~y-- 0 /
Document Date: & N_ 2-o 01 Number of Pages: b
Signer(s) Other Than Named Above: &II/;, &O&a U &r)~/d 3 *q, L arrZ~&. m-a
/+-IQ ci+J flfin3u- 3J h%yo< 6K jh 'c-&y fir= c~,@LsRflo.
Capacity(ies) Claimed by Signer
Signer’s Name: J-+@%iLO c7. ThO/Ro/ Y El individual c
dcorporate Officer - Title(s): A5.&%,‘,, /?&p-P -itn f?liG;Ju
0 Partner - 0 Limited 0 General
I7 Attorney in Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: /?J J (7 ,+J Ca /r’Coc n;a z L.L-c..
Top of thumb here
0 1997 National Notary Association l 9350 De Soto Ave., P.O. Box 2402 l Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6627
I
. c *. .
1
, 2
3
4
5
6
7
E
5
l(
11
1:
1:
14
1:
II
1’
1
1
2
2
2
2
2
2
i
L d
:
L3wm7 “A I’
PLANNING COMMISSION RESOLUTION NO. 4552
A RESOLUTION OF THE P LANNlNG COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 97-08(A) TO
CONSTRUCT A FOUR BUILDING INDUSTRIAL CAMPUS ON
PROPERTY GENERAL LY LOCATED EAST OF EL CAMINO REAL AND SOUTH OF. -FARADAY AVENUE IN LOCAL FAClLlTIES MANAGEMENT ZONE 5 CASE NAME: CARLSBAD CORPORATE CENTER CASE NO.: SDP 97-08(A)
WHEREAS, MSGW California II, L.L.C., a Delaware Limited liability
company, “Developer”, has filed a verified application with the City of Carlsbad regarding
property owned by Beckman Instruments, Inc., “Owner”, described as
Parcel 2 of Parcel Map 13958, iu the City of Carisbad, County
of San Diego, State of California, as filed in the Office of the
County Recorder of San Diego County, September 18,198s as
file no. 85344096
(“the Property”); and
WHERBAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibit(s) “A” - T dated May 19,1999, on file in the Planning
Department, CARLSBAD CORPORATE CENTER, SDP 97-08(A) as provided by Chapter
21.06/Section 21.53.120 of the C&bad Municipal Code, and
WHERBAS, the Planning Commission did, on the 19th today of May, 1999, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
WHEREAS, on December 17,1997, the Planning Commission approved, SDP
97-08, as described and conditioned in Planning Commission Resolution No. 4205. .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pianning
Commission of the City of C&bad as follows:
- _
1
.- 2
3
4
5
6
7
8
S
l(
11
1:
1:
IA
l!
l(
1’
1
1
2
2
2
2
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Planning . Commission APPROVES, CARLSBAD CORPORATE CENTER, SDP 97-
08(A) based on the following findings and subject to the following conditions:
Findings:
1. That the requested use. is properly related to the site, surroundings and environm’ental settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
trafIic circulation, in that the project is compatible with the surrounding development
through the use of similar design and materials as surrounding industrial
development, and the office manufacturing and warehousing land uses are
consistent with the Planned Industrial General Plan designation.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all required setbacks and development standards have been met.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessaxy to adjust
the requested use to existing Or pen&ted fiture uses in the neighborhood will be provided and maintained, in that the Site Development Plan ls adopted by conditions
which requires that all development takes place consistent with what has been
proposed. The industrial campus development proposed provides setbacks and
extensive landscaping that is compatible with the surrounding development.
4. That the street systems serving the proposed use is adequate to properly handle all traflic
generated by the proposed use, in that a traffic study supporting the adequacy of the
adjacent arterial streets w&s reviewed by staff and summarized for the Planninp
Commission. The traffic generated by this proposal ls less than projected by the
General Plan Master Environmental Impact Report for this area.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, tht applicable local fhcilities management plan and all City public fxility policies 811(
ordinsnces since:
A. The project has been conditioned to ensure the building permits will not be issw for the project unless the District Engineer determines that sewer sewice i available, and building cannot occur within the project unless sewer servic remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project.
B. The project has been conditioned to provide proof from the Carlsbad School
District that the project has satisfied its obligation for school facilities.
C. Park-in-lieu fees are required as a condition of approval.
PC RESO NO. 4552 -2-
- *
1
2
3
4
5
6
7
E
5
l(
11
1:
1:
14
1:
l(
1’
1
1
2
2
2
2
2
2
2
:
:
6.
7.
8.
D. AlI necessary public ~I~~VUIEII~S have been provided or are required as conditions of approval.
The Developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to. abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to cbmply with any requirement approved as part of the Local Facilities Management Plan for Zone 5.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noWland use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that the development is
outside the 60 CNEL contour which designates office aud industrial development as
a compatible land use.
That the project is consistent with the City’s Landscape Manual, adopted by City Council
Resolution No. 90-384.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution., and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditiony .
1. Approval of SDP 97-08(A) is granted subject to the k&al of SUP 97-05(A) and Ms
98-11. SDP 97=08(A) is subject to all conditions contained in SUP 97-05(A) for thf
Special Use Permit and Ms 98-11 for the tentative parcel map.
2. Approval of SDP 971)8(A) supplements the approval of SDP 97-08. All condition!
of approval found in Planning Commission Resolution No. 4205, dated December
17,1997 remain in full force and effect except as modified herein..
3. Condition No. 1 of Planning Commission Resolution No. 4205 is amended to read PI
follows:
Staff is authorki and directed to make, or niquirc the Developer to make, all correction and modifications to the Site Development Plan documents, as necessary to make then internally consistent and in conformity with the final action on the project. Developmen
PC RESO NO. 4552 -3-
a_ I
1
.- 2
3
4
5
t
i
t
!
l(
1:
1:
1:
11
1,
11
.l
1
1
2
2
2
i
i
. 1
c 1
I 1
4.
5.
7.
8.
shall occur substantially as shown on the approved Exhibits. Any proposed development different fkom this approval, shall require an amendment to this approval.
Condition No. 7 of Planning Commission Resolution 4205 is amended to read as
follows:
The Developer shall pay the public ‘facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfil1 the developer’skubdivider’s agreement to pay the
public facilities ‘fee dated December 1, 1998, a copy of which is on file with the City
Clerk and is incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to
provide school facilities.
The Developer shall pay its fair share for the “short-term improvements” to the El
Camino Real/ Palomar Airport Road lutersection prior to approval of the final map
or the issuance of a grading permit, whichever occurs first. The amount shall be
determined by the methodology ultimately selected by Council, lncludmg but not
limited to, an increase in the city-wide traffk impact fee; an increased or new Zone 5
LPMP fee; the creation of a fee or assessment district; or incorporation into a Melle
Roos taxing district.
The project is approved to be constructed in two phases as shown on the projecl
exhibits. Modifications to the proposed phasing can be made subject to the
Planning Director and City Engineer approval, Building permits for phase on(
must be issued within 24 months from the final date of approval or this approval
shall expire. Building permits for phase two must be issued within five years frou
the date of the final approval or the future phase approval will expire.
The signs shown on the approval elevation plans for Building uDH are specificall!
not approved. The Developer shqll submit and obtain Planning Director approval of I uniform sign program for Building “D” prior to occupancy of the building.
Bnfrlneering
9. Condition No. 25 of Planning Commission Resolutlon 4205 ls amended to read a
follows:
The owner of the subject property shall execute an agreement holding the City harmles regarding parking, access, circulation, and drainage across the adjacent properk. Th owner shall also record a deed restriction on the property which relates to the’ propose
cross lot drainage and to accommodate parking & circulation’ as shown on the Site Development Plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall:
PC RBSO NO. 4552 -4-
.*.
1 r 2
3
4
5
6
7
@
S
1c
11
li
1:
Id
l!
1l
1’
1;
1’
2
2
2
2
2
2
2
i
i
A. Clearly delineate the limits of the drainage course;
B. state that the drainage course is to be maintained in perpetuity by the underlying
property owner, and
C. that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance.
D. The deed restriction to define circulation, parking, and access shall be to the
satisfaction of the City Engineer.
10. Condition No. 31 of Planning Commission Resolution 4205 is amended to read as
follows:
Prior to issuance of a building or gradiig permit, an additional 12 feet of right of
way along the project’s frontage of El Camino Real and along the projects frontage
of Faraday Ave. shall be dedicated by the owner for the proposed deceleration
lane(s). The length of the additional right of way shall be based on CalTrans
standards as shown on the Site Development Plan and to the satisfaction of the CiQ
Engineer.
11. Conditlon No. 33 of Planning Commission Resolution 4205 is amended to read w
foUows:
Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfktion of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements:
A
B.
c-
D.
E.
F.
A deceleration lane along the El Camino Real frontage as shown on the Site
Development Plan, including signing & striping plans.
A deceleration lane along the Faraday Ave. frontage as shown on the Site
Development Plan, including signing and strlplng plans.
A raised median ln Faraday Ave. as shown .on the Site Development Plarr~
including signing and striping plans.
Additional one-half street improvements to Orion Way including but not llmlted to AC paving, base, curb & gutter, sidewalk, landscaping &
irrigation, driveway and pedestrian access ramps.
Traffic Control Plans for all improvements in the public right of way.
Onsite and offkite public storm drain improvements as shown on the Site
Development Plan and as required by the City Engineer.
PC RESO NO. 4552 -5-
I .
1
v 2
3
4
5
6
i
I
s
l(
11
1:
1:
11
1:
11
1’
1
1
2
2
2
2
2
2
i
L 1
12. Condition No. 38 of Planning Commission Resolution 4205 is amended to read as
follows:
A. Prior to issuance of a building permit, the applicant shall submit written
permission from San Diego Gas and Electric for the proposed encroachments
into the existing easements for the grading and construction of the parking
located in the N. E. comer of the project.
B. Additionally, the applicant shall obtain written permission from San Diego
Gas and Electric for the Storm Drain Outfall and for the Orion Way private
access road. A cash security or other security acceptable to the City
Engineer, for these improvements shall be posted if there is a delay caused by
S.D.G. & E. The City Engineer shall make the. determination as to the
amount and the acceptance of the security and whether the delay is caused
. .
Water
by S.D.G.-&E.
13. The developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
14. 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.
1s. All potable water and recycled water meters shall be placed within the public right-oi way.
16. A public fire flow system &all be required for this industrial or commercial development and it shall be constructed as a looped pipeline system.
17. The sewer lateral shown for proposed Bulldlng uAH wlll not be maintained by the CITY within the existing sewer easement shown on Sheet 3 of the plans. All sewel
laterals for all buildings shall have a cleanout at property line in accordance with
Carlsbad Municipal Water District Standards.
18. Bulldlng ‘A” is shown adjacent to the existing 15-foot wide sewer easement
Because of the building location the following shall apply:
A. No portion of Building “A”, including roof overhangs and apputenance
shall protrude into the sewer easement.
B. No trees, flag poles, or monuments shall be planted or located within th
sewer easement. The concrete curbs, gutters, sidewalks and pavement ar
acceptable.
C. The foundation for Building uA* shall extend deep enough to preclude an impact or bearing load being placed onto the esistlng 8” dlameter VCP sewe
pipe, and manholes from Building ‘A”. Structural and geotechnkt
calculations shall be prepared showing that no additional loading will b PC RESO NO. 4552 -6
*
s
e
e
Y !r 11 be
-, * .
1
, 2
3
4
S
1c
11
li
1:
Id
l!
l(
1’
11
1’
2
2
2
2
3
i
:
D.
E.
placed upon the existing sewer pipeline and submitted to the District
Engineer for approval prior to submittal of building permit application for
Building uA”.
AU proposed onsite water pipelines, fire hydrants, service lines and meters
shall be within a minimum 20-foot wide public easement dedicated to the
Carlsbad Municipal Water District,
All landscaping shall be designed to be irrigated with recycled water using
Carlsbad Municipal Water District Standards. The location of service lines
to supply recycled water shall be obtained from the District Engineer prior to
final design of the onsite recycled water irrigation system.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from May 19, 1999 to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Fake to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/txactions DOES NOT APPLY to water and sewer wrmection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of liitations has previously othenAse expired.
. . .
PC RESO NO. 4552 -7-
1
_ . 2
3
4
5
f
i
.I
!
1t
1:
1:
1:
11
1
1
1
1
1
2
i
i
:
:
I d
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
:ommission of the City of Carlsbad, California, held on the 19th day of May 1999, by the
3lowing vote, to wit:
AYES: Chairperson Heineman, Commissioners L’Iieureux, Nielsen,
Segall, Trigas, and Welshons
NOES:
ABSENT: Commissioner Compas
ABSTAIN:
COURTNEY E.m, Chairperson
CARLSBADP LANNING COh4MISSION
ATTEST:
Planning Director
PC RESO NO. 4552 -8-
EXHIBIT B
ORION STREET IMPROVEMENTS
REIMBURSABLE WORK
1. Percentage of Contractor’s Mobilization Costs
2. Percentage of Contractor’s Clear and Grub Costs
3. Unclassified Excavation in Developers area of work
4. Exported soils in Developers area of work
5. Asphalt pavement in Developers area of work
6. Aggregate Base Material in Developers area of work
7. Lime Treated Soil (12” Subbase) in Developers area of work
8. Concrete Curb and Gutter in Developers area of work
9. AC Berm
10. Alley Type Driveway
11. Pedestrian Ramp
12. 10” CML&C Steel Water Pipe
13. 48” RCP
14. Wing Wall
15. Type Bl Inlet
16. 18” RCP
17. Portion of Design Coordination
18. Portion of Project Management by City
19. Portion of Inspection Costs by City
20. Overhead Allocation at 4%
DEVELOPER WORK (at its cost)
1. Concrete Sidewalk
2. Landscaping and Irrigation
3. Two Street Lights
4. Undergrounding of SDG&E facilities
9 ~INGF~EOUEB~BY~~FCARLSBAD , t’ FOFtlHEBENEFKOFlHEUlYOF -BAD .- * * PER GOVERNMENT CODE SECTKM 27383
WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
City Clerk
CITY OF CARLSBAD 1200 Cartsbad Village Drive
Carlsbad, CA 92998
DDC # 2000-0018490
Jan 12L. 2000 2=17 PM
oFF1c1flL ImmS
SAN DIEGO CUNY RECOWR’S OFFICE GREGORY f$TH, IXfTYYRENRDER .
fcl ‘al
I SPACE ABOVE FOR RECORDER’S USE ONLY
GRANT OF
ROAD EASEMENT
NO TRANSFER TAX DUE
Assessor’s Parcel
No.: 299-059-25
Project ORION STIMSGW
City Ref. No.: W.O. No.: TA6165
Parcel No.: 99-0261-A Log No.: ggO4-02
Fund: AEF
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE COUNTY OF SAN DIEGO, a political subdivision of the State of California
hereby GRANTS to
THE CITY OF CARLSBAD, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California: an
EASEMENT FOR PUBLIC STREET AND PUBLIC UllLlN PURPOSES over, under, upon and across said rest property as described in Exhibii “A” attached hereto and made a part hereof consisting of one page. Exhibit ‘B”
consisting of two pages is attached for clarity only.
RESERVING THEREFROM the following rights and privileges: . . . .
1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said
easement, together with the right to cause in said airspace such noise and such incidence offlight as may be
inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said
airspace taking off from, landing at or operating on McClellan-Palomar Airport.
2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any.other
perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or
above, the McClellan-Palomar Airport dear zone approach surface.
3. The right to require Grantee, at Grantee’s sole cost and expense, to remove, raze or destroy those portions of buildings, other structures and land infringing upon or extending into said McClellan-Palomar Airport clear
zone approach surface, together with the right to prohibit the future erection’ of buildings or other structures which would infringe upon or extend into said surface.
4 The right to require Grantee, at Grantee’s sole cost and expense, to mark and light as obstructions to air navigation, any and all structures, trees or other objects that may at any time project or extend above said
surface.
1
a‘
.*
- .
8. * 69-0261 -A . .
_ . ‘5. The right of ingress to and egress from, and passage over the herein described easement, for the above
purposes.
Dated this 12th day of January I wi.5. 2000
THE COUNTY OF SAN DIEGO,
STATE OF CALlFORNlA
ss
COUNTY OF SAN DIEGO
On r/Fr/ZOwa , before ma, GREGORY J1 SMITH. Assessor/Recorder/County Clerk in and for
said County a&State, personally appeared JOHN A. MILLER, Director, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the County executed the same.
WITNESS my hand and official seal.
GREGORY J. SMITH, Assessor/Recorder/County Clerk
BY v - -
Deputy
llccl&Y 4 ma Name (typed or pinted)
. . .s
- . ..CW *....a..-.e. I. *..+
a--
4. s , ‘.. .’ aa ’ c
-- . -- .
y9.0261.A
GWCAOOO 1 Fedex Carlsbad
EXHIBIT “A”
City of Carlsbad
Orion Street Public Right of Way
From the County of San Diego
A.P.N. 209-050-25 .
All that portion of Lot “B” of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State
of California, according to Map No. 823 thereof, filed in the office of the County Recorder of said county
November 16, 1896, described as follows:
Beginning at the northeast comer of Parcel 2 of Parcel Map No. 13958, filed in the office of the County Recorder of said county on September 18,1985 as File No. 85-344096; thence South 78O42’57” East, 19.94
feet to the westerly sideline of that certain easement for road and utility purposes described in Parcel No.
82-0001-B in deed to the City of Carl&ad recorded in the office of the County Recorder of said county on
June 30, 1982 as Document No. 82-201566; thence along said westerly sideline South 11°17’14” West (North 10046’15” East per said deed) ,517.96 feet to the beginnii of a tangent 374.00 foot radius curve,
concave easterly; thence southerly along said curve through a central angle of 54O45.22” a distance of 357.42 feet; thence leaving said westerly sideline along a radial line to said curve, South 4603 1’52” West,
12.00 feet to the beginning of a non-tangent 386.00 foot radius curve, concave easterly, a radial lime
through said point bears South 46031’52” West; thence northerly along said curve through a central angle of 54’45’22” a distance of 368.89 feet thence North 11’17’14” East, 502.18 feet to the beginning of a non-
tangent 23.00 foot radius curve, concave southwesterly, a radial line through said point bears North
69010’58” East; thence northwesterly along the arc of said curve through a central angle of 27O46’49” a
distance of 11 .15 feet to a point on the easterly line of said Parcel 2; thence along said easterly line, North
1 l”17’03”East, 8.11 feet to the Point of Beginning.
Containing an area of 10,663 square feet plus or minus.
See plat attached hereto marked Exhibit ‘B’ and by this reference thereto made a part hereof.
. . . .
\-
.
;.-
C.
.-Y @/ 99.0261.A G/l
-
.y. l
*,J y”
\
11*17’03= E A
8.11’
A.P.N. 209-050-25 . .
SEE SHEET NO. 2 SHEET 1 OF 2 --e i -- --m DAVID EVANS
I
Es
AND ASSOCIATES, INC. CITY OF CARLSBAD
\,”
4
.e.- .,
.
.
EE SHEET NO. 1 S 99.0261.A
A.P.N.
209-050-29
SUBDIVISION\ BOUNDARY
EXlSnNG 48’ WIOE ESMT. FOR RCMDANDUllUIYPURPOSES REcoRoED 6/50/82 As ooc. NO. 82-201566, 0.R
SCALE 1= 60’
- \ -24’
--
A.P.N. 209-050-25
A.P.N. 209-050- 19
SHEET 2 OF :
DAVID EVANS
AND ASSOCIATES, INC.
7a7uEAzARDcmn!a SvllESW SAN DIEGO, CA @ZloB (810 260-3420 Muy4
FXHlBlT “B”
GIN OF CARLSBAD
ORION STREET PUBLIC RIGHT OF WAY
SDP 97-06(A); MS 98-11
.- .-- .-a .- -e ,-.w - . C. .c . CL-CL.. .CA”\. cc, m* a-r. “CIICI. se. ,LI m. .C
L”,“,,mm IPIJ uJ;Qo FAA -- IQ002 .- _ 10-05-199s 11:ZBAM FROM GILLESPIEJIEUJ 619+255+25o1 P-2
I - ,lO/t4~ls XON 10:OL ta SisL~~iBtS CAU L ~ORTQ. CALLY. rt+Eir-1mQ &:57PM FRoMGIU.ESPIEmFSELD61SMS6S=1 p. pw
(hamlntiw called %SGW). bmbd ti 2020 w Sbcmt, sul& 2j2, t&m, m &sla. this M 8itdl 80-m B on wbBr 4,lw9 me hall brmhd. QI A@ b, zaoa, mod, B#, tilhMCulyrrrPrkmrk~~eYlrWPliQbAptflS.~~QivinO~~~BtIwd~hlrb~~ ptloruRtBnnotkodmuBh~
couNrYoFsANDlE6o
DA= Id-6 - $$ 0Y
M6GW CALIFORNIA 2, &AC.
MT&o/r /vt
;. . .
. . .
.d
-
.i
:’
. .
:
. .
. .
.a . ..I
2’
_.
i . :: . .5
-.
- .: . .
i :
;
. .
MXWcALlFllwllAI. UC .- __.. _._ -.- _ ~~~ APA 2o#-a5&23
_ I -- -.-_ _ _ -- _ _ _
m
to Q ** m
cixl c
RX #-SUE GRADING I AN.. lAIpRol4rMEN~
I
UV
EXHIBIT "A" DAWDLVANS AND -TES, INC. wmamm m 77 muswo WooDQoAma QIeuo-w80
( i-
EXHIBIT B -*
INSURANCE
Without limiting MSGWs indemnification obligations to County, MSGW shall provide and
maintain, during the duration of this Permit and for such other period as may be required
herein, at its sole expense, insurance in the amounts and form described below.
1. Reauired General Liabilitv Insurance Coveraae. MSGW shall procure either
Comprehensive General Liability Insurance or Commercial General Liability Insurance in
the amounts and form set forth below:
(A) Comprehensive General Liabilitv Insurance. A policy of Comprehensive General
Liability Insurance with a combined single limit (CSL) per occurrence of not less than one
million dollars ($1 ,OOO,OOO) per occurrence;
(B) Commercial General Liabilitv Insurance. A policy of Commercial General Liability
Insurance which provides limits of not less than: (1) Per Occurrence: $1 ,ooo,m
(2) General Aggregate: suw~ (3) Products/Completed Operations: $1 ,ooQooo (4) Personal & Advertising Injury limit: $1 ,ooo,ooo
For either type uf insurance, deductibles shall ba declared to and approved by the
County’s Risk Manager.
(C) Required General Liabilitv Policv Coverage. Any general liability po,licy provided
by MSGW hereunder shall include the following coverage:
(1) Premises and Operations (2) Products/Completed Operations (3) Contractual Liability expressly including liab’llity assumed under the Permit
(4) Personal Injury Liability
(5) Independent ContmctMs Liabilii
(6) Severability of Interest clause
(D) Additional Insured Endorsement. Any general liability policy provided by MSGW
hereunder shall contain an endorsement which applies its coverage to the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively, as additional insureds.
(E) Primarv Insurance Endorsement, The coverage afforded by the additional insurad endorsement described above shall apply as primary insurance, and any other insurance maintained by the County, the members of the Board of Supervisors of the County, or its
.t-
officers, agents, employees and voluntears, or any County self-funded program, shall be
excess only and not contributing with such coverage.
(F) Form of General Liabilitv Insurance Policies. All general liability policies shall be
written to apply to all bodily injury, including death, property damage, personal injury and
other covered loss, however occasioned, oazuning during the policy term, and shall
specifically insure the performance by MSGW of that part of the indemnity agreement
contained in the Permit relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any
such aggregate limit must remain available at all times; if over 50°h of any aggregate limit has been paid or reserved, County may require additional coverage to be purchased by
MSGW to restore the required limits. MSGW may combine primary, umbrella and as
broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the Additional Insured Endorsement
described above.
2. Comorehensive Automobile Liabilltv Insurance. MSGW shall procure Comprehensive
Automobile Liability Insurance written fobdiiy injury, including death, and property
damage, however occasioned, oazuning during the policy term, in the amount of not less
than One Million Dollars ($1 ,OOO,OOO), combined single limit per occurrence, applicable
to all owned, non-owned and hired vehicles.
3. Statutorv Workers’ Compansation and Emolovefs Liabilitv Insurance. Unless MSGW
is a sole proprietorship, MSGW shall maintain a policy of California Workers’
Compensation coverage in statutory amount and Employer’s Liability coverage for no less
than one million dollars ($1 ,OOO,OOO) per oazurrance for all employees of MSGW engaged
in sewices or operations under the Permit. Coverage shall include a waiver of subrogation
in favor of County of San Diego, a copy of which shall be provided to County.
4. Subcontractors’ Insurance. MSGW shall maks certain that any and all Subcontractors
hired by MSGW are insured in acco&nca with this Permit If any Subcontractor’s
coveraga does not comply with theforagoing provisions, MSGW shall indemnify and hold county harmiess of and from any damage, loss cost or expense, induding attorneys’ fees,
incurred by County as a result thereof.
5. General Provisions,
(A) Evidence of Insurance. MSGW shall, as soon as practicable following the
placement of insurance required hereunder, but in no event later than the effective date
of the Permit, delivar to County certificates of insurance evidencing the same, together
with appropriate separate endorsements thereto, evidencing that MSGW has obtained such coverage for the period of the Permit. MSGW shall deliver certiied copies of the actual insuranca policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certiicates and appropriate separate endorsements thereof, shall be delivered to County within thirty (30) days prior to the
expiration of the term of any policy required herein. MSGW shall permit County at all
reasonable times to inspect any policies of insurance of MSGW which MSGW has not
delivered to County.
(B) Claims Made Coveraae. If coverage is written on a “claims made” basis, the
Certificate of Insurance shall clearly so state. In addition to the coverage requirements
specified above, such policy shall provide that:
(1) The policy retroactive date coincides with or precedes MSGWs
commencement of work under the Permit (including subsequent policies purchased as
renewals or replacements).
(2) MSGW will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Permit, including the requirement
of adding all additional insureds.
(3) lf insurance is terminated for any reason, MSGW shall purchase an extended reporting provision of at least two years to report claims arising in connection with the
Permit.
(4) The policy allows for reporting of circumstances or incidents that might give rise to future claims.
(C) Failure to Obtain or Maintain Insurance: CountVs Remedies. MSGWs failure to
procure the insurance specified herein, or failure to deliver certified copies or appropriate
certificates of such insurance, or failure to make the premium payments required by such
insurance, shall constitute a material breach of the Permit, and County may, at its option,
terminate the Permit for any such default by MSGW.
(D) No Limitation of Obliaations. ‘The foregoing requirements as to the types and limits
of insurance coverage to be maintained by MSGW, and any approval of said insurance
by the County or its insurance Contractor(s), are not intended to and shall not in any
manner limit or qualify the liabilities and obligations otherwise assumed by MSGW
pursuant to the Permit, including, but not limited to, the provisions concerning
indemnification.
(E) fiotice of Cancellation or Chance of Covemae. All certificates of insurance provided by MSGW must evidence that the insurer providing the policy will give County thirty (30) days’ written notice, at the County address shown in the Permit in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance.
(F) Qualifvina Insurers. All policies of insurance required hereby’shall be issued by
companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder’s alphabetic and financial size category rating of not less than A, VII according to the current Best’s Key
Rating Guide, or a company of equal financial stability that is approved in writing by
County’s Risk Manager.
(G) Review of Coveraae. County shall retain the right at any time to review the
(-
coverage, form and amount of insurance required herein and may require MSGW to obtain
insurance reasonably sufficient in coverage, form and amount to provide adequate
protection against the kind and extent of risk which exists at the time a change in
insurance is required.
(H) Self-lnsumnce. MSGW may, with the prior written consent of County’s Risk
Manager, fulfill some or all or the insurance requirements contained in the Permit under a plan of self-insurance. MSGW shall only be permitted to utilize such self-insurance, however, if, in the opinion of County’s Risk Manager, MSGW’s (i) net worth, and (ii)
reserves for payment of claims of liability against MSGW, are sufficient to adequately
compensate for the lack of other insurance coverage required by the Permit. MSGWs
utilization of self-insurance shall not in any way limit liabilities assumed by MSGW or
under the Permit.
(I) Waiver of Subrogation. MSGW and County release each other, and their
respective authorized representatives, from any insurance carried by County or MSGW
other than any self-insurance, covers any such Claim or damage. Included in any policy
or policies of insurance provided by MSGW hereunder sf all be a standard waiver of rights
of subrogation against County by the insurance company issuing said policy or policies.
OhnROEkr3 Octabu4,1Qo9
EXHIBIT E PRELIMINARY COST ESTMATE OF REIMBURSABLE EXPENSES
I 1 I I 1 I. REIMBURSABLE CONSTRUCTION WORK / !
I I I I I A City and FedEx improvements: EI chno R-I and IMOM stat tint,19 1 !
I Grading I 1
1 Mobilizatiin : LS 1 S7.5OO.W ! $7500.00 57.009.75 $629.52 IProrate by Subtotal _ 2 ~ $7500.00 $7.5OO.W Clear and Grub ; LS 1
3 1 Unclassified Excavatiin CYO 5.260 $10.25 : 553.915.W S48,790.00 I S6.125.W ‘5OOcyforDev
4 (Exported Soils CYO _ 3,040 : 512.00 1 $36.460.00 S33,012.32
j
j S3,467.68 IProrate bid by item 3
1 SUbtotal / $105.395.00 I 1
Type “A” AC Berm (6”) LF / 2.700 7 tz.lb-i.
19 /Pedestrian Ramp I I3 i 4 I $6
20 iAC Sidewalk SF 1 3,392 !
21 ITemp. Silt Fence LF I 610 ! $1.00 [ $610.00 (
22 1 cord. TrarnC Control ~ LS 1 1 S8.000.W / l8.OOO.W 1 $8.000.00 / i sublo~l I 231n93t4 2-l I t ----- -. __ _, - - - .-_ , I I
I I I I I I I W8ter I 32 i Adiust Water Valve Covers and I I I I I
IDry LRiliUer & Miscellaneous
37 /AdjustX-Telephone M.H. tograde / EA 1 2 ( $175.00 / $350.00 s350.w I
38 1 Adjust X-Pullbox /El/l $175.00 5175.00 s175.w /
p.5OO.W s2.5OO.w 1 39 ) Relocate X-Vaull ; EA 1 i S2.!3W.W ( j ISubtotal / I !
.
Exhiiit E lo FedEx AQml-2 Page 1 of 2
EXHIBIT E PRELIMINARY COST ESTIMATE OF REIMBURSABLE EXPENSES
Exhibit E lo FedEx Agmt-2 Page2d2