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HomeMy WebLinkAboutCarlsbad Unified School District; 2009-05-13;DGC# 2010-0032021 RECORDED REQUESTED BY CITY OF CARLSBAD ' (ft AND WHEN RECORDED PLEASED MAIL TO: j\ City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 JAN 21,2010 2:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER. COUNTY RECORDER FEES: 0.00 PAGES: Space above this line for Recorder's use. PARCEL NO: NA NOTICE OF COMPLETION Notice is hereby given that: 1 . The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on December 7, 2009. 6. The name of the contractor for such work or improvement is Hubbard Construction Company. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PD 08-06 Chestnut Avenue Storm Drain BCC, Drawing No. 462-8. 8. The street address of said property is in the City of Carlsbad. CITY ORCARLSBAD , Jr. City Engineer VERIFICATION OF CITY CLERK .1*. \ee I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on /^ft/KHiA-t^ 15 . 20; O , accepted the above described work as completed and ordered that a Notice or Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed onQt^huAA-c^^-fl . 20 iO , at Carlsbad, California. CITY OF CARLSBAD Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The developer has constructed the improvements required for Project No. PD 08-06 Chestnut Avenue Storm Drain BCC, Drawing Number 462-8 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Storm drain $277,152 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS ,PTuira, Public Works Director Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. TTSA HK.DABRAND, City M~anager Date APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF CITY OF CARLSBAD DRAINAGE MASTER PLAN FACILITY BCC IN CHESTNUT AVENUE PD 08-06 / CARLSBAD HIGH SCHOOL MODERNIZATION BETWEEN CITY OF CARLSBAD, a Municipal corporation AND CARLSBAD UNIFIED SCHOOL DISTRICT AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF CITY OF CARLSBAD DRAINAGE MASTER PLAN FACILITY BCC IN CHESTNUT AVENUE PD 08-06 / CARLSBAD HIGH SCHOOL MODERNIZATION This Agreement for Reimbursement of Costs for the Construction of City of Carlsbad Drainage Master Plan facility BCC(("Storm Drain BCC)" at the intersection of Valley Street and Chestnut Avenue dated as of 3y^e. /£& , 2009 ("Agreement") is made at San Diego County, California, by andHaetween the CITY OF CARLSBAD, a municipal corporation ("City") and Carlsbad Unified School District, a California public school district located in the County of San Diego ("District") with reference to the following recitals: RECITALS A. District is the record owner of certain real property located in the City of Carlsbad, California known as Carlsbad High School more particularly described on Exhibit "A" attached hereto and made a part hereof, and Exhibit "B", shown for reference purposes only. Carlsbad High School is about 34 Acres. B. District intends to modernize the existing High School located at 3557 Lancer Way ("Project"). The Project is the subject of certain approvals received from City, including without limitation improvement plans DWG 462-8. C. The Environmental Impact Report (EIR) SCH 2007121067 includes a mitigation measure that requires the District to construct Storm Drain BCC. The District has requested to enter into a reimbursement agreement prior to approval of improvement plans. D. City proposes to construct improvements to Storm Drain BCC in the future. District wishes to construct the said improvements now to facilitate the Project and has requested reimbursement for fifty percent of the proposed City Improvements as detailed in the cost estimate prepared by the City and shown in Exhibit "C", attached hereto and made a part hereof. E. The City's cost estimate for the design and construction of Storm Drain BCC as contained in the 2008 City Drainage Master Plan is $511,979 of which $255,989 represents a fifty percent share of the estimated cost. F. The Parties intend that upon completion of Storm Drain BCC, the City will perform an audit to determine the City's actual fifty percent share of the cost of Storm Drain BCC. If the City's actual fifty percent share of the cost of Storm Drain BCC is less than or equal $511,979, then the City will pay the actual fifty percent share of the cost. If the City's actual fifty percent share of the cost of Storm Drain BCC exceeds $511,979, then the City will pay a maximum of $511,979. The City will not pay for any cost in excess of the $511,979. NOW, THEREFORE, the City and District agree as follows: 1. Recitals. The Recitals, above, are true and correct and incorporated herein by this reference. 2. Improvements. The proposed Storm Drain BCC are further described on Drawing No. 462-8 of the improvement plans for Storm Drain BCC on file with the City Engineer and incorporated by this reference. -2- 3. City Obligations. (a) City agrees that this Agreement and District construction of Storm Drain BCC, satisfies the mitigation requirements of EIR SCH 2007121067 as such mitigation requirements relate to Storm Drain BCC. (b) City agrees to pay District an amount equal to the actual fifty percent share of the actual cost of Storm Drain BCC, as determined by an audit performed by the City after completion of Storm Drain BCC, if such audit determines that the City's actual fifty percent share of the cost improvements is less than or equal to the City estimate of $511,979. The City will not pay for any cost in excess of the $511,979. (c) Any such payment to the District shall be made within thirty days (30) of written request to make such payment. 4. District Obligations. (a.) District agrees to bear the cost of the difference between the City's actual fifty percent share of the cost to construct the Storm Drain BCC, as determined by an audit performed by the City after completion of Storm Drain BCC, and $511,979, if such audit determines that the City's actual fifty percent share of the cost exceeds $511,979. 5. Audited Fair Share Work. District shall retain detailed payment records for all items of work during the design and construction of Storm Drain BCC, for use by the City in preparing the audit of the City's actual fifty percent share of the cost of Storm Drain BCC. This audit shall be made available to the District for review, for a period of no less than thirty (30) days prior to the commencement of the thirty (30) day grace period by which payment is due per section 3. (c.) above. 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 District Superintendent or the City's Director of Public Works. 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) working 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 binding upon the parties involved, although nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. 7. Assignment of Agreement. The District shall not assign this Agreement or any part thereof or any monies due thereunder without the prior written consent of the City. 8. 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 District shall be addressed as follows: -3- CARLSBAD UNIFIED SCHOOL DISTRICT 6225 El Camino Real Carlsbad, CA 92009 Telephone: (760)331-5000 FAX: (760) 331-5007 Notices to City shall be delivered to the following: CITY OF CARLSBAD Public Works/Engineering Department Attention: Public Works Director 1635 Faraday Ave 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. 9. 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. 10. 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. 11. Complete Agreement. 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. 13. Amendment. This Agreement may be amended by a written instrument executed by City and Developer. 14. Term. This Agreement shall be effective as of the date first above written, and shall terminate on the date the City pays to Developer the actual audited amount of City's actual fifty percent share of the cost of the Storm Drain BCC Improvements. 15. 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. -4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. CARLSBAD UNIFIED SCHOOL DISTRICT, a California public school district ATTEST: 21: LORRAIN CityClerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: -42ft,. JL ^ Deputy City Attorney -5- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 7 /Date' personally appeared before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) ELLEN DURHAM ComfrtMton #1823042 Notary Public • California San Diago County Comm. Expires ec 14.2012 who proved to me on the basis of satisfactory evidence to be the person!^whose nameh^ \s/aX§ subscribed to the within instrument and acknowledged to me that he/^3/thj0£ executed the same in his^jtec/ffjsifr authorized capacityta^f", and that by his7f/>^71tb^fr signature^ on the instrument the persortftQ, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - 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. ascription of Attached Document^i^^J^^/^^ „.—V^r.,; .//_M^<4^i5SA^8i^^^^*^ ^uJ^^'4^,4^ Title orType of Doeum Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER i Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 93SO De Soto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827- H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Covenant for Easement Rev. 2/19/09 EXHIBIT "A" LEGAL DESCRIPTION CARLSBAD HIGH SCHOOL MODERNIZATION PD 08-06 TRACTS 248 AND 249 OF THUM LANDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, DECEMBER 9,1915. EXCEPTING THEREFROM: THAT PORTION OF TRACT 248, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID TRACT 248; THENCE SOUTH 28°39' EAST ALONG THE NORTHEASTERLY LINE THEREOF, A DISTANCE OF 534.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID TRACT 248, SOUTH 28°39' EAST 276.39 FEET; THENCE SOUTH 61°21' WEST 267.65 FEET; THENCE NORTH 28°39' WEST 285 FEET; THENCE SOUTH 61°21' WEST 26.35 FEET; THENCE NORTH 28°39' WEST 83.39 FEET; THENCE NORTH 61°21' EAST 62 FEET; THENCE SOUTH 78°14'32" EAST 143.4 FEET; THENCE NORTH 61°21 EAST 122 FEET TO THE TRUE POINT OF BEGINNING. 55 r-N 55EXHIBIT B NOT TO SCALE LEGEND: @ 205-140-16 @ 205-140-18 @ 205-140-19 (§) 205-140-20 (2l) 205-140-21 205-140-25 205-140-28 205-140-30 205-140-29 - NOT A PART PROJECT NAME CARLSBAD HIGH SCHOOL MODERNIZATION PROJECT NUMBER PD08-06 EXHIBIT 8 DRAW BY: SCOTT EVANS. CARLSBAD EN&NEEWG DEPT. 4/20/09 C:\DEVEOPUENTPROJECTS\PD\PD08-06.DVKS 4- IL TJCD JQV)"TTT03 0° " 0 O-*-» _c to CO O O CN COo CN CM 0 |s^ o <- CM ^ ^CD co O CQ CD O j{ 1ia L* ?i1is!$ H 11 * cCD O. 0o:CDj^ Q "coCO ^ •a"CO f"^(yj COO»jo O Project Number::Client::Estimator(s)::Estimating Office-Estimate Issue Number::late Original Issue Date::imate Revision Number-Estimate Revision Date::BC Project Manager: :imate QA/QC Reviewer-Estimate QA/QC Date::.b "co to•Jjj LLJ LJJ LU CESS AREA0a: Q. zoi- oo_I Ho LLJ O(T Q. GO C 'coCOCO c T3 ^"ro Q 1 OOm •4—f 0 '21 Q. •a(Q.ain— CD O O 11 « [ M II H 1 0.4:li .,;^ajefia|st;:j;:Vj*AmoinS-;,£ | O 3 11 ^= t I 1•a.-•ii£ $5 D_ C/D 1 S 1 5LUa o ^enera! equipment reniai[01200-1gCO 3 8 8 OO g S O op s 8 O s oo d g OM 8 d(A 0o Q rM Trench box. 9500 Ibs, 8'x 20'A 0O 3 8 O(A 05 i 8 Og Oo0 o>tA 8 CDtA 8a oog oog 5 Trench Plates allowances Q ^ bo. OO fe Op §o GENERAL REQUIREMENTS Total' CONSTRUCTIONt/5 S 1 CS ffie c E 1 o o mn <> 8 OtA 0OotA 3 s 8 tA 8 O o" g •o inCD •sifA •fl-COa o inr^oi E 1 •5_a | T <UC 1 c lite demolition" - 090ZOJ^is oootA 8 3 ICO D D s D 5 cn•fl- CO 8 3 OO S $3,279.80cnCM intA | ONID I to S 1 I S cix: 8 1a t7 CMoro S 8 OtA oO S CO CNp A 3 OtA M •*- 8 •fl-" n_ CMtA 3 tA OO oCNCDtA OO A ! ic Asphalt disposal - hauling and disposal fee, 4" thick1 C ca C; Sin oo 3 8 OW 1 O D S 5 N 1 3 3 CNCO CO D c 0 in T CO 0 z 1c 1 sn I Ooo 8 O 1 &. s s 5 Q $557.70S O CO CNCOc ? CT Sawcuttinp asphalt after 3" deep; each addl inch of depth1O; I c nM 8 8 3 CTto D OCM W CM O ^ g 3 5 S D t3 u? OCNCD Rne grade under asphalto c CM $38,6348 S 1 O $42.39 /inin N n *-$29,192.14b N K ^XI I S bi CO § u t s a. 0o o" 8 g 8 OtA T3 3O $2.08 /s n CO CM •^ o 8 3 g O A CO 3 | ro Backfill, dozer backfilling, trench, no compaction| £|02360 - (^ S 8 3 OO D §• ! CMCO N 5 O O Ov» 8 3 3) M tA 1 COCOCD Backfill Compaction, walk behind, vibrating roller 24" W, 6" lifts, 2n N tA 8 3 •a 3O A CO § O o o 8 3 g $326.11S •M §• - 1 a. tN _c (D 2 CJ S c.c c C j g 8n oo 8 •a U ^ s i u 3 O D 8 3 $2,296.53COcna 1- CO 00 V)d CM I CO ao.E a E cc s cOCT T 1 1 t> n c D in tA 8 g 8dtA •a O S*i op N CO CN •*- 3 3 3 3 $3,344.00fS tA 1 oa •c O Ci a.QJ b (0 E 1cc g x:c. I "n LL .t O n $16,067gn oo 8 •o O $25.63 /3 S 8 If) in $1.881.00g COtA $4.501.86CO IA 1 to Hauling, LCY, no loading, 12 c.y. dump truck, 20 Ml RT, 0.4 Ids/hr3- 8 8 8 8 T3 O COen o A CN T- 8o"tA g D $463.98•fl- 8 1 LC U LL LL U 2I-g1 !^ n o n N o" g £3tA H O A Op tA g O 3d fA 8 OtA Oo citA oos •£ CO Disposal fee"c s1 c. £ •fl- D A OO D_ OO 8 5 $2614 /op g o 8dtA g 3 Oo 8 OootA 1 1 1 E "5 LL 1c; I O 1 1 025 70 -- C$10,042oo 3 0O 8 3cn $251 0.68 /S n A 0n w 00"006'9$oon A coCD S(O co"tA D S s •fl- C OJTJ CO C LO Q. 5 c R £ c "5O 1o" 3 3 8 8 x:$2828 /op A 8 J) « 8 OCOIDs 8 OCOin A OO 3a" oocn tA s to Cleanoutm g M" 8 OA OO 8 1 O Ni oCN in A CO *- tA $1 ,580.008 n SA $677.32COCOcnID tA S •fl-CB or manholes, cone, slab tops, precast, 8" thick, 5' diaCD n 8 8 OO g 1 oSins o•fl; A *ito tA $1,040.00g §:N COCM n 'JO tNCO CM '£> tA t •fl-Catch bsns or manholes, frs and covs, hvy traffic, 24" diam, 400 Ib.oo 8 OootA Oo 8 C NtA 8 8 3 S 8 OD $576.00oo •fl- (A t •fl-CB or manholes, inverts, single channel brick, concretetk M OO 3 OO 8 S s. OtA OO tA 0 3 $368.00g •o $154.56CDCD 31 S CD C a I X c\ c tiCIL x:c I | a 1n £O 1 ! & a c to $34,707C3O OtA OO 8 CO $55.98 /oCD s A S CN 8g A 8 A OO i NtA OO (A =? OCN CD -g 1 "ca _n a O) 1£ I 1Q. U U 1 1 1 .° o fc o §1s£ f 1 < I 3 ? ^S O I Q.' ff II |1 ll ll Amount0 3 SiJ3» c § § 1 CO 1- £•' .... f ,,: I Jnes on pav't, o fs1 0 CM S §s oos a? n S g S " n «4 §$111.00CN s c cvCD •c's •v | S. o 1 £ 1 •^, g Lines on mmsndscapiny, ^ ^c y 8 O 3 OO in J3 | I 8 2 8 D OOo'tA g2 ° S 1 ~ a Cl £Landscaping£ o s $4,878.003 1 D I g O(A 8O*W 8 D civt R C S " ££ D. IT £ S s 5 Traffic Contro» ? 0 o D S s 1 8 S £UJ in CM $630.00ooin CO oos oo£QO'OOS>$o s y> n J2 CL CM S 0) D.Pot Holing - ptotfl 2 •s •5 n D o" 1 in 26,226,53t^9,988.53** ". N "it £TRUCTItc 0 I" 1 no r-l0 1"uc- 1S c? r^iO <D S A D 1 •5COUJ CO I g D 2,289.60o(M SN Ori S £ 4 eo o O)f£ f-g c.2n a Cl — S c i 0_ Tt S CM' ^ sS §i 2,289.60S603.04•§ K! So 'HANICALffS in ! t: 1 1 1 1 OCh tX 0 S ->" go"fj 8 S C sD $3,644.50Sn 7.525.00. op 36,722.50UJ D S C cr 1 •ftn p sn noa: 1 » S, c Olca S eg w D 3 8 8 -6(DUJ ri 8 ^o*f>$598.00oin S $268.68J ^> isn 01 rau (OCO "a % 'a. "S a c 'col 0 s o" w § ooD $3,644.508,123.00** | *•* 5*~- ^r 5<\X a " 8 S3 or « o Q | in"33,657.03w» S 5 eo si wT a t- J-J 03 .£ U- 9 1 r> . U> 3 <> O O 3 w M fO*rt i £ r dO)v>Grand Total i- O .00 ;3' i^f c0) 0turnaia. &ora O 05 oo O5 O5 Q*X T—N- inco L_ O£} CD 0 OCO tf* QS CNCD CD (MaterialT—in CD COco ^^*coq CM "c0 Q. crLU o 0o in o^ O5r^•^(Subcontractor00 o &^ vPo~-in 00 co 0.C O incoh- O5N. CM60- "wO O 0z CNoo CO r~-. t/5~ o^o0 oo Q. | CD O CD O CDin CD ^fy vO O0 in (Material Mark-upoin CM UJ xO oO in (Subcontractor Mark-upoo o inw- 0s"oo in T—(Equipment Mark-upCOo o T— ifr u*inr—fx>(Sales iax (material)ooo CO CN vPO^inh- fs_|Sales iax (equipment)o CD CN CO xPo^ Oin CM 0)c c CD I D) 'o..0. Ic !s'i^ 'co oo <& 0s*o T— 0 0oc {Worker's Travel/SubsisteCO co ooCOCO (Subtotalooco CD o 4ft- "-P0soq CNv- toco (Contractor General CondooCM O5h-co (Subtotal05 COOJ vPQ*S 0T— o (Earthquake InsuranceCD CD CD O5 CO (Subtotalcoco CO Ln y^. o"oo dCM ••fc^(Construction ContingencyCO05in in (SubtotalCM 05 0s"oo CM C/Jd "5 £CD (/} 'OL O)"0 CO JC CD (Subtotalr--s w vP0"- O O T-^(Performance BondCD <£ vPo-- 0O r— '(Payment Bondoo £ "5f (Subtotal35 CM 5s" O O CJ (Engineering Feeooo o y^" i Q. E _J (Environmental Permittingen en T- 5 llotal Estimate