HomeMy WebLinkAbout2001-10-02; Municipal Water District; 511; Potable Water Pressure Reducing StationCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL ci I I
AB# 511 TITLE- -- APPROVAL OF A REIMBURSEMENT AGREEMENT DEPT. HD.
WITH WAVE CREST RESORTS, L.L.C. FOR CONSTRUCTION OF A
MTG. 1 o/02/0 1 POTABLE WATER PRESSURE REDUCING STATION AT THE & CITY ATTY
NORTHERLY END OF SURFSIDE LANE, CMWD PROJECT NO. 96-239
DEPT. ENG CAPITAL IMPROVEMENT PROJECT NO. 38181 CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. I I 35 for approval of a reimbursement agreement with Wave Crest
Resorts L.L.C. for constructing a potable water pressure regulating station at the northerly end of
Surfside Lane, CMWD Project No. 96-239, City Project No. 38181.
ITEM EXPLANATION:
In order to provide for existing and future water flow demands in the 255foot Hydraulic Gradient
(HG) pressure zone a Pressure Reducing Station was constructed south of Palomar Airport Road and west of l-5 off of the existing 318foot HG pressure zone per Capital Improvement Program
No. 38181. Wave Crest Resorts L.L.C. the developer of a 162-unit hotel located south of Palomar Airport Road at Carlsbad Boulevard agreed to design and construct the Pressure
Regulating Station as part of their hotel project. Carlsbad Municipal Water District has agreed to
reimburse the developer for design and construction of the Pressure Reducing Station.
ENVIRONMENTAL REVIEW:
This project is categorically exempt from the environmental review process under the provisions of
the California Environmental Quality Act (CEQA) Section 15301. A Notice of Exemption,
in compliance with CEQA Section 21152b of Public Resources Code has been filed by the Planning Director.
FISCAL IMPACT:
The total estimated cost for the work covered by the reimbursement agreement is one hundred forty-
two thousand five hundred and thirty-four dollars ($142,534). Funds in the amount of $150,000 have been appropriated for City Project No. 38181 for the Fiscal Year of 2001/2002. The source of funds
is the Water Connection Fee Fund.
ESTIMATED CONSTRUCTION AND DESIGN COST FOR
PRESSURE REDUCING STATION
Construction of Pressure Regulating Station $120,534
Design Cost $22,000
Total Estimated Cost $142,534
Appropriation Available $150,000
EXHIBITS:
1. Location Map for Hotel and Pressure Reducing Station.
2. Resolution No. j 135 for approval of a reimbursement agreement with Wave Crest
Resorts L.L.C. for constructing a potable water pressure regulating station at the northerly end of Surfside Lane, CMWD Project No. 96-239, City Project No. 38181.
3. Reimbursement agreement.
--- EXHIBIT * 9 B
LOCATION MAP
CARLSBAD BEACH HILTON INN
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WATER LINES CMJSlF?lJCTED FUR’.,
CARLSBAD BEACH YILTON f” L\i
EXISTING VATER LINE--\\
PRCIPOSED PRESSURE REDUClNG STATICIN~
PROJECT NAME:
CARLSBAD BEACH HILTON INN
PROJECT NUMBER
CMWD 96-239
UP tf 3818
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RESOLUTION NO. 1135
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) FOR
APPROVAL OF A REIMBURSEMENT AGREEMENT WITH WAVE
CREST RESORTS L.L.C. FOR CONSTRUCTION OF A POTABLE
WATER PRESSURE REDUCING STATION AT THE NORTHERLY
END OF SURFSIDE LANE, CMWD PROJECT NO. 96-239,
CITY PROJECT NO. 38181.
WHEREAS, Wave Crest Resorts L.L.C. (“Wave Crest”) is the owner/developer of the
Carlsbad Beach Hilton Garden Inn Project (the “Project”); and
WHEREAS, a pressure reducing station (the “Station”) was designed and constructed by
Wave Crest at the north end of Surfside Lane as part of the Project ; and
WHEREAS, the construction of the Station was done at the request of the Carlsbad
Municipal Water District; and
WHEREAS, Wave Crest has requested the Board approval of a Reimbursement
Agreement (a copy of which is attached hereto and marked as Exhibit “A” and incorporated by this
reference) pursuant to District Ordinance 26; and
WHEREAS, the City of Carlsbad Planning Director has filed a Notice of Exemption from
the environmental review process in compliance with Section 21152b; and
WHEREAS, the total estimated cost for construction and design of the Station is
$142,534, and the Water Connection Fee Fund appropriation is $150,000 under capital
improvement project number 38181.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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2. That the agreement between the CMWD and Wave Crest Resorts L.L.C. for the
reimbursement of costs for constructing water pipeline improvements at the north end of
Surfside Lane, CMWD Project No. 96-239, City Project No. 38181, is hereby approved and the
President is authorized to execute said agreement.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 2nd day of October , 2001 by the following vote, to wit:
AYES: Board Members Lewis, Finnila, Nygaard, Hall
NOES: None
(SEAL)
JfW 24s 2002 2504 PM
RECORDING REQUESTED BY:
Wave Crest Resorts
WHEN RECORDED, PLEASE MAIL TO: cs 1qt3 City Clerk r\it City of Carisbad 1200 Carlsbad Village Drive Carlsbad, California 92008
Please record the documents at no fee as it is to the benefit of the District
(Gov. Code [6103].
CONSTRUCTION OF THE CARLSBAD BEACH HILTON GARDEN INN
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
POTABLE WATER PRESSURE REDUCING STATION
CP 3818
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OFA
POTABLE WATER PRESSURE REDUCING STATION AT THE NORTH END OF SURFSIDE
LANE dated as of @D&% , 2001, ("Agreement"). is made at Carlsbad,
California, between WAVE CREST RESORTS, L.L.C., a California Limited Liability Company
("Wave Crest"), and the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency
organized under the Municipal Water District Act of 191 1, and a Subsidiary District of the City of
Carlsbad, ("District"), with reference to the following recitals:
RECITALS
A. Wave Crest is the owner of a certain real property located in the City of Carlsbad,
California, (the "Hilton Inn Property"), which is more particularly described within attached Exhibit
"A" which is incorporated by this reference and made a part hereof
B. Wave Crest has constructed a 162-unit hotel (the "Hilton Inn") on the Hilton Inn
Property (the "Hilton Inn Project").
C. Construction of the Hilton Inn shall be in accordance to City of Carlsbad Dwg. 365-
7c
D. Wave Crest is the record owner of the Hilton Inn
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E. On January 7, 1998, the City of Carlsbad Planning Commission passed,
approved, and adopted a Site Development Plan for the Hilton Inn Project, SDP 97-19, the terms
of which contain certain District Conditions.
F. District Condition No. 49 in SDP 97-19 requires that the Hilton Project meet
adequate capacity, pressure and flow demands. District and Wave Crest agree that the
construction of a pressure reducing station is necessary to provide for adequate capacity,
pressure, and flow demands for the Hilton Inn Project ("Pressure Reducing Station").
G. The location of the Pressure Reducing Station and the Hilton Inn is shown on
attached Exhibit "B which is incorporated herein by reference.
H. The construction of the pipelines and appurtenances, including the Pressure
Reducing Station (collectively the "Water Work), is to be constructed in accordance
with Improvement Drawing 365-7C prepared by John Powell and Associates, Inc., dated
August 23, 1999 ("Water Work Plans") which is on file with the City of Carlsbad Public Works
Department.
I. District and Wave Crest recognize that the Water Work exceeds the infrastructure
otherwise required of the Hilton Inn Project in that the size of the Pressure Reducing Station is
greater than what is required of the Hilton Inn. Wave Crest agrees to construct or cause the
construction of the Water Work, provided the District agrees to reimburse Wave Crest with a
lump sum payment as set forth in this Agreement for work that exceeds the infrastructure
otherwise required of the Hilton Inn Project. For the purposes of this Agreement, the Waterwork
includes Reimbursable Water Work and Hilton Inn Project Requirement Water Work. "Hilton Inn
Project Requirement Water Work" is that portion of the Water Work, which could be required by
the District as conditions of the Hilton Inn Project, "Reimbursable Water Work" shall mean that
portion of the Water Work, which was to be constructed by the District as a Capital improvement
Project (i.e., the Pressure Reducing Station portion of the Water Work) and necessaryto provide
adequate water capacity, flow demands and pressure for the Hiiton Inn as well as other future
and current development in the area. The Reimbursable Water Work amount shall be as set forth
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on attached Exhibit "C", which is incorporated herein by reference, which is subject to
modification as set forth in this Agreement. A line item description of the specific work items
included within the category of Reimbursable Water Work is included within attached Exhibit "D
which is incorporated herein by this reference.
J. District Ordinance No. 26 establishes the guidelines of constructing, including
reimbursements for water pipeline and appurtenances, facilities larger than those required for the
Hilton Inn Project.
K. Wave Crest has requested reimbursement from the District pursuant to the District
Ordinance No. 26 for the cost of constructing the Water Work.
L. The parties intend that this Agreement satisfy any potential requirements of
District Ordinance No. 26 and Government Code Section 66486
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. Recitals. The recitals are true and correct.
2. Wave Crest's Obliqations. Wave Crest's agreementto perform the Water
Work as set forth herein, and the actual construction thereof, shall fully satisfy and constitute full
compliance with all requirements regarding the Hilton Inn Project with respect to the Water Work.
3. District's Obliqations.
a) District shall make available for Wave Crest's use, the complete set of
plans, specifications, geotechnical reports, and other design documentation for the Water Work.
b) District agrees to reimburse Wave Crest forthe Reimbursable Water
Work in the method described in Sections 4 and 5 below. Invoices for payment request shall provide
the actual cost to construct the Pressure Reducing Station ( the "Reimbursement Amount"). The
actual cost of the Pressure Reducing Station shall include all costs associated with the installation of
the Water Work, allowances for design, soils compaction testing, pipeline surveying, staking, and
other incidental costs as set forth on estimates of Exhibits "C" & "D" ("Actual Cost").
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4. Accountinq of Costs. Wave Crest has solicited bids from three reputable
contractors for the entire Hilton Inn Project, which includes the Reimbursable Water Work.
The contractor selected, MBK Construction ("Contractor"), shall itemize Reimbursable Water
Work Costs. The parties agree that the spreadsheet attached hereto as Exhibit "C" is a fair
estimated allocation of the costs for the Pressure Reducing Station, for the categories of
Reimbursable Water Work and Wave Crest Project Requirement Water Work. Costs for the
Pressure Reducing Station shall be subject to modification through change orders.
a) During the performance of any Reimbursable Water Work, Wave
Crest shall retain detailed payment records for all items of Reimbursable Water Work for use by
District in auditing any subsequent reimbursement requests by Wave Crest. Wave Crest's
requests for reimbursement shall include copies of change orders (if new), invoices, payment
slips, canceled checks (front and back), lien releases and other documentation reasonably
required by District to evidence the completion and payment for each item of Reimbursable
Water Work ("Work Documentation").
b) Exhibit "C' sets forth the preliminary cost estimates for the
Reimbursable Water Work. With the exception of design fees which are agreed upon at
twenty-two thousand dollars ($22,000), the parties acknowledge that Exhibit "C", which was
prepared by Wave Crest's engineers, is for illustrative purposes only and that all costs are
subject to further detail pursuant to clause (a) above as well as to audit for eligibilityfor payment
in accordance with the procedures of Paragraph 4.
c) With their request for reimbursement, Wave Crest shall forward
one copy of each invoice submitted to Wave Crest by Contractor, to the Public Works Director for
City of Carlsbad, together with an invoice for all other components of the Actual Cost not
otherwise reflected on the Contractor's invoice. The Public Works Director shall confirm and
approve the Reimbursement Amount based upon the components of Actual Costs and Overhead
Costs set forth in Section 3(b) of this Agreement. If the Public Works Director objects to any
items comprising the Reimbursement Amount, the Public Works Director shall notify Wave Crest
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within ten (IO) days of receipt of all invoices forwarded by Wave Crest. Failure to so notify Wave
Crest shall be deemed the Public Works Director's approval of such invoices. In the event the
Public Works Director does object, Wave Crest and the Public Works Director shall meet to
discuss the disputed amount (at which time Wave Crest shall make available all of the Work
Documentation) and attempt to resolve the matter through good-faith negotiation. District
recognizes that the above described invoices may include other Hilton Inn Project work, but that
the Reimbursable Water Work shall be clearly highlighted.
d) Prior to the submission of the final invoices (the Final
Reimbursement Request), to the Public Works Director, Wave Crest shall obtain necessary or
appropriate lien releases from the Contractor, and shall obtain from the City of Carlsbad, the
District, and any and all other appropriate governmental agencies, all approvals, certificates, and
other documents necessary to indicate the completion of the Water Work. The date Wave Crest
receives the final lien releases, approvals, and certificates shall be deemed the date of
completion of Water Work (the "Completion Date"). District recognizes that the lien releases may
include releases for other Hilton Inn Project Work performed during the same time period as the
Reimbursable Water Work.
e) All change orders shall be subject to written approval by both the
District and Wave Crest, At the time of approval, the parties shall also determine the portion Of
the change order, which is allocated to Reimbursable Waterwork. 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 Water Work in an orderly, reasonable and prudent manner according to the
standard engineering and construction practice applicable to the Water Work, then the allocation
of the portion to Reimbursable Water Work should be in proportion to the allocation as between
Reimbursable Water Work and Hilton Inn Requirement Water Work in Exhibit "C' for that portion
of the Water Work.
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5. Payment of Reimbursable Expenses.
a) Payment of Reimbursement Amount shall be made during the
2001-2002 fiscal year. Payment shall be made during said fiscal year, within sixty (60) days afler
the Public Works Director's determination on any such Reimbursement Request; or
determination pursuant to Paragraph 6(a) if applicable.
b) Any disputed Reimbursement Amount that is ultimately agreed or
determined to be payable shall be paid to Wave Crest within thirty (30) days afler any settlement
with, or award to, Wave Crest.
c) District shall not offset Wave Crest's entitlement to reimbursement
under this Agreement against any obligation of any person.
d) Although District is a Subsidiary District of the City of Carlsbad,
Developer and City agree that the City's General Fund is not part of this Agreement and shall not
be obligated under the terms of this Agreement nor available for reimbursement purposes.
6. Miscellaneous.
a) 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 of interpretation not formally 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 Wave Crest or the Public Works
Director for City of Carlsbad. A copy of such documented dispute shall be forwarded to both
parties involved along with recommended methods of resolution. The Public Works Director for
City of Carlsbad, 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 unsatisfactoryto the
aggrieved party, a letter outlining the dispute shall be forwarded through the office of the
Executive Manager to the Board of Directors of District for their resolution.
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The Board of Directors may, but is not obligated to resolve the dispute. If the Board of Directors
considers the dispute, and directs a solution, the action of the Board of Directors shall be binding
upon the parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at law.
b) - Notice. Unless otherwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in writing and shall be deemed to
have 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 Wave Crest: Wave Crest Resorts, LLC 829 Second Street, Suite A Encinitas, CA 92024
Attention: Bill Canepa Telephone: (760) 753-2440
Facsimile: (760)
With a copy to: Legal Repres nta ve fgr Wave Cre LicIJ r. ~c Kufyve
If to District: Carlsbad Municipal Water District 1635 Faraday Avenue
Carlsbad, CA 92008 Attention: Public Works Director
Telephone: (760) 602-2730
Facsimile: (760) 602-8562
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.
c) Jurisdiction and Venue. The parties agree and hereby stipulate
that the proper venue and jurisdiction for resolution of any disputes between the parties arising
out of this agreement is San Diego County, California.
d) Successors Covenant To Run With Real Propertv. This Agreement
and the covenants contained herein shall be binding upon and inure to the benefit Of the
Developer and District and shall run with the real property and create an equitable servitude upon
the real property. After District reimbursement to the Developer, the provisions of this Agreement
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shall no longer apply to, and the same shall no longer be or constitute an equitable servitude
against or run with the land and the equitable servitude herby created shall automatically
terminate upon the request of the Developer, District shall execute and deliver to Developer, in
recordable form, any further documents and/or instruments reasonable necessary to evidence
that Project is thereafter released and free from the provisions of this Agreement, provided that
the cost of preparing and recording such documents and/or instruments shall be paid by
Developer.
e) CounterDarts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same instrument.
r) Governinn Law. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of California.
g) Complete Aareement. This Agreement contains the entire
agreement between the parties with respect to the matters set forth herein, and supersedes all
prior or contemporaneous agreements (whether oral or written) between the parties with respect
to the matters set forth herein
h) Amendment. This Agreement may be amended only by a written
instrument executed by District and Wave Crest.
i) Term. This Agreement shall be effective as of the date hereof, and
shall terminate on the earlier of (i) the date the District fully reimburses Wave Crest the
Reimbursement Amount, or (ii) January 1, 2003.
j) No Third Party 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.
k) Assignment of Agreement developer shall not assign this
Agreement or any part thereof or any monies duethere under without the prior written consent Of
the District.
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L) 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first above written.
"WAVE CREST"
WAVE CREST RESORTS, L.L.C., a
By:
(sign here) / I
By: Bill CaneDa. President * 5r <."* f by
(print nameltitle)
"DISTRICT"
CARLSBAD MUNICIPAL WATER
DISTRICT a Public Agency organized
By:
(sign here)
By:
(print nameltitle)
(Proper notarial acknowledgment of execution by Wave Crest Resorts, L.L.C. must be attached.)
officer signs, the corporation must attach a resolution certified by the secretaty or assistant secretary under (President or vice-president and secretary or assistant secretary must sign for corporations. If only one
corporate seal empowering that officer to bind the corporation.)
APPROVED$S TO FORM:
By:
Deputybeneral Counsel
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" . - ~~~ . .~ . . ."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
and acknowledged to me tha@shelthey executed the me irQiajherRheir authorized capacity(ies), and that by
s/her/their signature(s) on the instrument the person(s),
or the entity upon behall of which the person(6) acted,
executed the instrument.
d ..
7high UN) informalion blow is no! mquired by bw. il myprwe dW
fraudutentmvaiandraa"enldhlrkm,lo~rdPament.
Description of
Mle or Type of Document
. Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capecity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual 0 Corporate Officer . 0 Corporate OMcsr
Title(s): " xUe(s): 0 Partner - D Limited 0 General 0 Partner-DCIi DGeneral
0 Attorney-in-Fact 0 Attomey-in-Fact
0 Trustee 0 Trustee
0- Guardian or Conservator 0 Guardian or Conservator
0, Other: 0 other:
Signer Is Representing: Signer Is Representing:
EXHl I3 IT "A"
Commonwealth Land Title Company kae 1 & 4
San Diego, California 92108
1455 Frazee Road, Suite 600
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Wave Crest Resorts UC
829 Second Street, #A
Encinitas, CA
Attn: Bill Canepa
Your Ref: "' - Wave Crest . t. - ~- -
Our No: 1022150-4 - -
Title Officer: Edwin J. Kern. Jr. -
- TitleDfficer: Helen G. Wilson -
A Direct (619) 686-6000 F~x (619) 299-7031
Property Address: Vacant land
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- PRELIMINARY REPORT
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Dated as of March 27,2000 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Commonwealth Land
Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date
hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. "
- . The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office
which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide
you with notice of matters which are not covered under the terms of the title kurance policy
and should be arefully considered.
It is hportant to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects, and encumbrances affecting title to the
land.
"
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CLTA Preliminary Repon Form (Rev. 1/1/95)
*
'1022150 ,. ' Page 2
The form of policy of title insurance contemplated by this report is:
An ALTA Loan Policy
. ..
... .', - The estate or hterest in the land hereinafter described or referred to covered by this report is: ~. I
A FEE as to PWd-A; i -. . ._ - __ i- 24
AN EASEMENT more fully described below as to Parcels AI & A2
Title to said estate or interest at the date hereof is vested in:
- Wave Crest Resorts, LLC, a California limited liability company
The land referred to in this Report is situated in the State of California. County of San Diego, and is
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminarv Rennrr Fnrm (Rev. lIlIP3
1022150 ,. ' Page 3
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EXHIBIT "A"
PARCEL A:
That portion of public right-of-way known as Solamar Drive and Carlsbad Boulevard (formerly
State of California ownership) relinquished to City of Carlsbad as File/Page No. 57648,
recorded April 25, 1967, and those portions of Parcels 1, 3 and 4 of deed recorded May 7,
19%. per Document No. 1996-0230216 of Official Records, in the City of Carlsbad, County
of San,Diegp, State of California, described as follows:.-. . - "
Beginning at Comer No. 6 of Lot "H" of Rancho Agua Hedionda in the City of Carlsbad,-
County of San Diego, State of California, according to Partition Map thereof No. 823, filed in . -.
the Office of the:Ckimtjr RiPorder of San Diegc&ouxity, member 16, 1896, as shown and delineated on said Map; thence running South 89'25'20" East (North 8999'00" East per said
deed to Palomar Beach Resort, LLC, a California limited liability company, recorded May 7,
1996, per Document No. 1996-0230216 of Official Records) along the South line of said
Rancho, as shown on said Map, 5317.58 feet to a point; thence North 00"01'40" East (North
OO"32'00" West per said deed to Palomar Beach Resort) 1558.90 feet; 'thence North 89"25'20" -
West (South 89"59'00" West per said deed to Palomar Beach Resort) along a line parallel with
the South line of said Rancho to an intersection with the Westerly line of the 100.00 feet right
of way as described in a deed to the Atchison, Topeka and Santa Fe Railroad Company,
recorded March 10, 1881, in Book 38, Page 171 of Deeds; thence leaving said parallel line
Northwesterly along said Westerly line of said 100.00 feet right of way North 22"29'23" West,
555.00 feet to a point referred to as Point "A", said Point "A" befng the True Point of
Beginning; thence leaving said Westerly line North 73"47'11" West, 267.90 feet to a point on
the boundary of Relinquishment No. 14749 as shown on Sheet 3 of State Highway Map No. 59
recorded September 2, 1966 as File No. 144347 of Official Records; thence continuing North
73'47'11" West, 101.93 feet; thence South 12"04'16" East, 328.12 feet; thence South
Ol"35'07". East, 51.25 feet; thence South 16'44'53" East, 170.00 feet to the beginning of a
non-tangent curve concave Northerly having a radius of 25.00 feet, a radial line bears South
29'49'13" West; thence Easterly along the arc of said curve through a central angle of
31"06'52" a distance of 13.58 feet; thence tangent to said curve North 88"42'21" East, 55.56 -
feet to a point on the Easterly line of land described in a deed to the State of California, for
freeway purposes, recorded June 18, 1953, in Book 4894, Page 494 of Official Records, said
point being North 16'44'53" West, 78.87 feet from the intersection of said Easterly line with
the said parallel lie of the South line of said Rancho; thence Southerly along said Easterly line
South 16'44'53" East (South 17'20'33'' East per said deed to Palomar Beach Resort), 78.87
feet to said intersection; thence Easterly along said line parallel to the South line of said
Rancho South 89'25'20" East (South 89'59'00" West), 357.14 feet to said intersection with the
Westerly line of said 100.00 feet right of way of said Atchison, Topeka and Santa Fe Railroad
Company; thence Northwesterly along said Westerly line North 22'29'23" West, 555.00 feet
to the True Point of Beginning.
-~ -
-
CLTA Preliminary Report Form (Rev. 1/1/95)
1022150
Page 4
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PARCEL A1 :
A nonexclusive easement for purposes of enabling Grantee to o upon Grantor's property in -
order to construct, install and maintain storm drains and relati 5 pipes in, under, across and
along the Northerly 5.00 feet of those areas designated as Exclusive Use Areas appurtenant to
Parcels 5, 6 and 7 as shown and defined upon that certain Solamar Condominium Plan
recorded May 31, 1988 as File No. 88-255644 and as fully set forth in Easement Grant -
recorded June 9, 1998 as File No. 1998-0348705, both of Official Records of San Diego
County. in the City of Carlsbad, County of San Diego, State of California, described as
foIIows:
Beginning at the Northeast comer of above said sol ma^ Condominium Plan; thence Westerly - along the Northerly line of said Condominium Plan North 89"25'20" West (Record South
89'54'07" West), 78.83 feet to the True Point of Beginning; thence leaving said Northerly line-
South 00034'40" :5&st,*5.QQfeet; thence North_89"251_2Om~~est, 100.48 feet; thence North __
OO"34'40" East, 5.00 feet to said North lie; th&ce Easierly along said North line South
89"25'20" East (Record North 89'54'07" East) 100.48 feet to the True Point of Beginning.
PARCEL A2:
A nonexclusive easement for purposes of enabling Grantee to go upon Grantor's property in
order to make, construct, install and/or plant, and to maintain certain entrance improvements
and landscaping, and to construct a wall of approximately 106 feet in length in, under, across
and along the Northerly 5.00 feet of the Common Area and those areas designated as Exclusive
Use Areas as shown and defmed upon that certain Solamar Condominium Plan recorded May
31, 1988 as File No. 88-255644 and as fully set forth in Easement Grant recorded June 9,
1998 as File No. 1998-0348706, both of Official Records of San Diego County, in the City of
Carlsbad, County of San Diego, State of California, described as follows:
Areas designated as Exclusive Use Areas on the condominium Plan referred to above, as
appurtenant to'Parcels 1, 4, 5, 6 and 7 along with that portion of the Common Area and area
designated as Exclusive Use Area to Parcel 1 of referred to above Condominium Plan,
described as follows: -
..
z -
-
..
:.. ..-I
-
Beginuing at the Northwest comer of above said Solamar Condominium Plan, said comer -
being the True Point of Beginning; thence Northeasterly along the North line of said
Condominium Plan South 89025'20" East (Record North 89"54'07" East), 33.16 feet; thence
leaving said North line South Ol"15'33" East, 5.00 feet; thence South 25'17'48" East, 60.04
feet; thence Westerly South 65'32'13" West, 30.87 feet to the Westerly line of said
Condominium Plan; thence Northerly along said Westerly line, North 24'03'47" West (Record
24'44'20" west), 78.69 feet to the True Point of Beginning.
APN: 210-100-19
CLTA Preliminary Report Form (Rev. 1/1/95)
'B '
LOCATION MAP
.
PROJECT NAME: I I PROJECT NUMBER
2ARLSBAD BEACH HILTON INN I CM WD 96-239 I
EXHIBIT “C”
CARSLBAD BEACH HILTON INN PROBABLE COST OF CONSTRUCTION
AND DESIGN OF PRESSURE REDUCING STATION
(ITEMIZED ESTIMATE FOR CONSTRUCTION AND DESIGN OF PRESSURE REDUCING
STATION)
1. General Construction Contract (see attached) $109,534
2. Engineering Design (John Powell and Associates) $22,000
3. Pacific Bell Connection (see attached) $4,000
4. San Diego Gas and Electric Connection (see attached) $7.000
TOTAL ESTIMATED COST* $142,534
‘Reimbursement shall not exceed the dollar amount of this estimated total cost. Actual reimbursement amount
will be determined by acceptable cost documentation submitted by the developer.
EXHIBIT " D" (PA~E 104 3)
CARLSBAD BEACH HILTON GARDEN INN
OPINION OF PROBABLE COST FOR CONSTRUCTION
FOR PRESSURE REDUCING STATION
SDP 97-19 I CDP 97-40, DWG. 365-7W
PRESSURE REDUCING STATION
VAULT (see attached breakdown)
PIPING & VALVES (see attached breakdown]
STORM DRAIN CONNECTION
6" CMLBC steel relief line
Type I Catch Basin
12" RCP drain
ELECTRICAL
PACIFIC BELL CONNECTION
SDG(LE CONNECTION
LS 510,882.50
LS 539,631.00
EA
LF $42.00
53,540.w
LF 534.00
LS $28.897.35
LS s4,wo.w
LS s7,m.w
26
1
6
SUBTOTAL:
15% CONTINGENCY:
TOTAL:
;10.882.50
39,631 .W
51.092.00
53.540.w
$204.00
$4.836.00
28.897.36 128.897.36
54.m.00
57.000.00
$4,000.00
57,000.W
$85,246.86
$14,287.03
5108,533.89
1. Una prices are based on City of Carlsbad Unit Prices fw Bonding Amounts and bid results of recent projects of similar type, loation 8 size
2. This opinion i5 limited to our best judgment of anticipated wnsIsuc4kn costs and is not a proposal or guarantee.
3. ElecVical cost estimates and connections by Mark Babn & Associates.
John Powell Associates. Inc.
PAGE: 1
PROJECT NO: 12772
DATE, 02/25/99
ELECT/INST Wk
001 METERfTEL. PmFSrAL - 100 A. 120/Z~0V,
003 .1-1/2*' UJWOUITIPYC SCRLO
004 3/L" PVC COITE6 RGS
006 TYPE I FIXTURE'
007 REOEPTACLES I
WP hTCH N
008 FLOAT N '
010 MAN. STARTER ,
O'll PR. TRANWITTE~ - 2 YlRE 0-150 PSI
012 TEWETRI SYST~ PER CHU)
005 UBCCS I
I I
013 MI%. ELECT
I
1PB
80 Fr 1.50 120.00
78 Fr 3.65 284.70 6.75 526.50
2 Ea 390.00 780.00 180.00 360.00
1 Lot 250.00 250.00 350.00 350.00
1 Ea 150.00 150.00 90.00 90.00
1 Ea 210.00 210.00 90.00 90.00
1 El 1ZO.W 120.00 45.00 ~5.00
2 Ea 310.00 6M.00 67.50 135.00
Z Ea 175.00 350.00 L5.00 90.00
1 Lor 3.900.00 3,900.00 2.500.00 2,500.00
1 LOt 1.000.00 1.000.00 1.000.00 1.000.00
1 Ea 7,500.00 7.500.00 5L0.00 540.00
8.10 w.00
8.0h0.00
10.40
9.60
600.00
570.00
300.00
2L0.00
220.00
165.00
377.50
6.L00.00
2.000.00
a,oco.oo
763.00
811.20
600.00
1,150;00
360.00
240.00
165.00
uo.00
755.00
6,400.00
2,000.00
I PAGE TOTAL: 21.659.20
I I
I TOTAL cow:
waterial Corr ( t15.28L.70) sales tax J 7.8 X
TOTAL PROJECT COST:
Profir a 15 X
PROJECT TOTAL:
Conringemits a 10 X
GUANO TOTAL ESTINATE:
221.6.59.20
Sl.llu.56 __"".__"_
S22.843.76
13.L26.56 """""__
126.270.33
U.627.03
",av7rfv
.__".._____
I
I
PRINT TIK MRR: '3. 1~04r~1 TOTRL p.01
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