HomeMy WebLinkAbout2011/09/13 Item 05CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
----- CHULAVISTA
September 13, 2011, Item
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
approving the Interim Desiltation and Maintenance Agreement
for the mass-grading of the Eastern Urban Center (Millenia) and
authorizing the Mayor to executc said agreement.
Resolution of the City Council of the City of Chula Vista
approving an Assignment and Assumption Agreement by and
between the City of Chula Vista, McMillin Otay Ranch, LLC,
and SLF IV/McMillin Millenia JV, LLC and authorizing the
Mayor to execute said agreement.
SUBMITTED BY: Assistant City ManageDevelopment Services Director
REVIEWED BY: CITY MANAGE
4/STHS VOTE: YES ~ NO ^X
SUMMARY
A condition of the Tentative Subdivision Map for the Eastern Urban Center (EUC) requires
the Developer to enter into an agreement with the City to provide for the maintenance of all
proposed drainage and water quality treatment facilities attributable to the project and bond
for such maintenance.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines,
because this action consists of a governmental fiscal/administrative activity which, on its
own, would not result in a potentially significant physical impact on the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines no
environmental review is required.
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September 13, 2011, Item
Page 2 of 3
RECOMMENDATION
That Council adopt both resolutions.
BOARDS/COMMISSION RECOMMENDATION
N/A
DISCUSSION
The EUC consists of approximately 207 acres of land, located south of Birch Road and
the Otay Ranch Town Center, north of the future extension of Hunte Parkway, and
adjacent and east of State Route 125 (SR-125). For location plat of the project, see
Attachment 1.
On September 15, 2009, in accordance with Resolution No. 2009-265, Council approved
the Tentative Subdivision Map for the EUC, Chula Vista Tract 09-03 (herein referred to
as "Tentative Map") for the subject property. As one of the conditions of approval of the
Tentative Map (TM Condition 52), prior to the approval of each grading permit for the
EUC, the Developer shall enter into an agreement with the City wherein the Developer
agrees to provide for the maintenance of all proposed drainage and water quality
treatment facilities attributable to the EUC. In addition, the Developer is required to
provide security satisfactory to the City Engineer guaranteeing the performance of the
aforementioned maintenance and siltation removal obligations.
Interim Desiltation and Maintenance Agreement for the Mass-Grading
On January 10, 2011, the City approved the mass grading plans for the McMillin Eastern
Urban Center, Chula Vista Drawing No. 10044, which proposes the temporary grading,
and construction of drainage facilities, including erosion control and desalting basins.
The proposed Interim Desiltation and Maintenance Agreement for the mass grading of
the EUC will partially satisfy TM Condition 52 that requires the Developer to provide for
the appropriate maintenance of certain interim grading, drainage, and desalting facilities;
and to provide sufficient security guaranteeing the performance of said maintenance
obligations.
Assignment and Assumption Agreement
On June 9, 2004, under the similar requirements of TM Condition 52, McMillin Otay
Ranch, LLC entered into an Interim Desiltation and Maintenance Agreement with the
City for the required improvements as shown in City of Chula Vista Drawing Numbers
03070-10, 030'10-11, and 03070-13. To cover its maintenance obligations, McMillin
Otay Ranch, LLC provided to the City a cash deposit for $58,800 and maintenance bond
number 2126608 for $235,200.
On February 22, 2011, SLF IV/McMillin Millenia JV, LLC (Millenia) acquired the EUC
and provided to the City a replacement bond and cash deposit to secure all commitments
made by McMillin Otay Ranch, LLC under the June 9, 2004 Interim Desiltation and
Maintenance Agreement.
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September 13, 2011, Item~~'
Page 3 of 3
Furthermore, Millenia is willing to enter into an Assignment and Assumption Agreement
(see Attachment No. 4) wherein it is provided that Millenia will assume the obligations of
McMillin Otay Ranch, LLC at Millenia's own expense and at no cost to the City.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. All costs associated with the construction and
maintenance of the interim drainage and desilting facilities within the EUC will be borne
by the Developer.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Attachment 1: Location Plat
Attachment 2: Interim Desiltation and Maintenance Agreement for the Mass Grading of
the Eastern Urban Center
Attachment 3: Resolution Approving the Interim Desiltation and Maintenance
Agreement for the Mass-Grading of the Eastern Urban Center (Millenia)
Attachment 4: Assignment and Assumption Agreement by and between the City of Chula
Vista, McMillin Otay Ranch, LLC, and SLF IV/McMillin Millenia JV,
LLC.
Attachment 5: Resolution Approving an Assignment_and Assumption Agreement by and
Between the City of Chula Vista, McMillin Otay Ranch, LLC, and SLF
IV/McMillin Millenia JV, LLC and Authorizing the Mayor to Execute
said Agreement.
Prepared by: Sandra Hernandez, Associate Engineer, Development Services Department
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ATTACHD/ENT 1
LOCATION PLAT
725
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AY
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R~I.ER
UNITED STA
MEXICO
SWEETWATER
RESERVOIR
UPPER OTAY
RESERVOIR
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PROJECT
\ SITE
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
Dated: ~~~ ~~
INTERIM DESILTATION AND MAINTENANCE AGREEMENT
BETWEEN
SLF IV/MCMILLIN MILLENIA JV, LLC AND
THE CITY OF CHULA VISTA
FOR THE MASS GRADING OF THE EASTERN URBAN CENTER
(MILLENIA)
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THE CITY COUNCIL
~--
RECORDING REQUESTED BY AND
V/HEN RECORDED RETURN TO:
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOURTH AVENUE
CHULA VISTA, CA 91910
Above Space for Recorder's Use
CCV File No. OR-ZS1G
ASSIGNMENT AND ASSUMPTION AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OTAY
RANCH, LLC, AND SLF IV/MCMILLIN MILLENIA JV, LLC
This Assignment and Assumption Agreement ("Agreement") is made this
day of , 201 1, (the "Effective Date") by and between the City of
Chula Vista, a municipal corporation ("City"), McMillin Otay Ranch, LLC, a Delaware
limited liability company ("McMillin"), .and SLF IVlMcMillin Millenia JV, LLC, a
Delaware limited liability company (`'Millenia"), with reference to the facts set forth
below.
RECITALS
A. This Agreement concerns and affects certain real property located in
Chula Vista, California. more particularly described in Exhibit A attached hereto
and incorporated herein by this reference (`Property"). The Property is part of a
project commonly known as the Eastern Urban Center ("EUC") of the Otay
Ranch plamled community (hereinafter re~e;red to as the "Project').
B. McMillin and the City previously executed an lnterim Desiltation and
Maintenance Agreement for the EUC Interim Grading (hereinafter referred to as
the "Maintenance Agreement) as set forth on Exhibit B, recorded on June 9,
2004 in the Office of the County Recorder of San Diego County as File No. 2004-
0~38918 of Official Records. The City acknowledges and agrees that the
construction of the Temporary Private Facilities has been completed in
accordance with the terms and provisions of the Maintenance Agreement.
C. The Maintenance Agreement was executed to provide maintenance and to
guarantee the operation and maintenance of certain temporary drainage, desilting
basins, and erosion/sedimentation control facilities, as shown on Chula Vista
Drawing Nos. 03070-1 Q, 03070-1 1, and 030"70- 13.
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D. McMillin provided to the City a cash deposit for $58,800.00 (the `'Cash
Deposit") and Maintenance Bond No. 2126608 for $235,200.00 issued by
Insurance Company of the West as stipulated in Section 3 of the Maintenance
Agreement.
E. On February 22, 2011 Millenia purchased said Property from McMillin
and has provided the City with a replacement bond in the amount of $235,200 and
requested the assignment of the Cash Deposit to secure all commitments made by
McMillin to the City for the Property pursuant to the Maintenance Agreement.
Furthermore, Millenia is willing to enter into this Agreement wherei^ it is
provided that Millenia will assume all maintenance obligations at Millenia's own
expense and at no cost to the City required by the Maintenance Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. That the above-referenced Recitals are true and correct and are
incorporated herein by this reference.
2. McMillin hereby assigns and Millenia hereby accepts, assumes and agrees
to such assignment of all rights, duties, obligations, and provisions made
by or in favor of McMillin in the Maintenance Agreement, attached hereto
as Exhibit B, which shall remain in full force and effect, including the
indemnification set forth therein.
3. Millenia hereby further agrees that the replacement bond provided by
Millena to the City shall replace the original bond posted by McMillin,
and that McMillin's rights, title and interest in the Cash Deposit shall be
and hereby are assigned to Millenia, to meet the security requirements set
forth in the Maintenance Agreement. The original bond shall be released
by the City to McMillin upon the execution of this Agreement by all
parties. The City shall continue Ito hold the Cash Deposit, but on
Millenia's rather than McMillin's account.
4. The parties hereto shall cause this Agreement to be recorded in the Office
of the County Recorder of San Diego County within thirty (30) days after
this Agreement has been fully executed by the parties.
Pursuant to Section 8.6 of the Maintenance Agreement the City hereby
consents to the assig~unent by McMillin and the assumption by Millenia of
the duties, obligations, and provisions of the Maintenance Agreement on
the above terms. The City hereby releases McMillin from all duties,
obligations and provisions of the Maintenance Agreement.
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6. Miscellaneous Provisions
6.1 Notices. Unless otherwise provided in this Agreement or by law,
any and all notices required or permitted by this Agreement or by
]aw to be served on or delivered to any party shall be in writing
and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U. S. Mail, certified or registered mail, return
receipt requested, first-class postage pre-paid, addressed to the
address indicated in this Agreement. A party may change such
address for the purpose of this paragraph by giving written notice
of such change to the other parties.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 9] 910
Attention: City Engineer
McMillin Otay Ranch LLC
c/o The Corky McMillin Companies
P.O. Box 85104
San Diego, CA 92 1 86-5 1 04
Attention: Todd Galameau
SLF IV/McMILLIN MILLENIA JV, LLC
P.O. Box 85104
San Diego, CA 92186-~ 104
Attention: Todd Galameau. Senior Vice President
With a copy to:
c/o The Stratford Compay
5090 North 40`t' Street, Suite 260
Phoenix, Arizona 85018
Attn: Diane W. Belcher
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other parties in the
manner provided in this paragraph.
6? Captions. Captions in this Agreement are inserted for
convenience of reference and do not define, describe, or limit the
scope, or intent of this Agreement or any of its terms.
5-8
6.3 Entire Agreement. This Agreement, together with any other
written document referred to herein, embody the entire Agreement
and understanding between the parties regarding the subject
matter hereof and any and all prior or contemporaneous oral or
written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede, or amend any other agreement between the
parties unless expressly noted.
6.4 Severability. If any term, covenant, or condition of this
Agreement, or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term,
covenant, or condition to person or circumstances other than those
as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant, or condition shall be
valid and be enforced to the fullest extent permitted bylaw.
6.5 Governing Law. The Agreement shall be governed and
construed in accordance with the laws of the State of California.
6.6 Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be original and all of which
shall constitute one and the same document.
6.7 Authority of Signatories. Each signatory and party hereto
hereby warrants and represents to the other party that it has legal
authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions and/or other actions have
been taken so as to enable it to enter into this Agreement.
END OF PAGE
(NEXT PAGES ARE SIGNATURE PAGES)
4
5-9
SIGNATURE PAGE
A5SIGNMENT AND ASSUMPTION AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OTAY
RANCH, LLC, AND SLF IVIMCMILLIN MILLENIA JV, LLC.
IN WITNESS WHEREOF, the parties have executed this Agreement to be
effective as of the Effective Date set forth above.
CITY OF CHULA VISTA
By:
Cheryl Cox, Mayor
APPROVED AS TO FORM:
By:
Glen Googins, City Attorney
ATTEST:
By:
Donna Norris, City Clerk
F
;, F
5
5-10
SIGNATURE PAGE
ASSIGNMENT AND ASSUMPTION AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OT.4Y
RANCH, LLC, AND SLF IV/MCMILLIN MILLENIA JV, LLC.
McMillin Otay Ranch, LLC
a Delaware Limited Liability Company
By: McMillin Land Development Services, L.P.
a California Limited Partnership
Its Manager
By: Corky McMillin Construction Services, Inc.
a Califomia Corporation
,!
Notary !a attnch acknowledo ement for each signakrreJ
/Corporate Authority reguiredfor each slg~zataryJ
5-11
By:
It ~ ~~
CALIFORNIA ALL PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Julv 12, 2011, before me, Ann M. Futo, Notary Public, personally appeared Todd Galarneau and
Justin Crai¢, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his~her/their authorized capacity(ies), and that by his,4ie~/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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.
Signature C~~ ° ° t ' ~..7~
Conunlsaion * 1832730
Nohry Public -California
San OIeOo County
Notary Form 2009
SIGNATURE PAGE
ASSIGNMENT AND ASSUMPTION AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OTAY
RANCH, LLC, AND SLF IV/MCMILLIN MILLENIA JV, LLC.
SLF IV / McMillin Millenia JV, LLC
a Delaware limited liability company
By: The Corky McMi tin Real Estate Group, LLC
a Delaware Iil1~~ited i bili company
Its: Man9e~i elMer~ >~/Y I
By:
Its: '' V
By:
Its: N/
/Notary to attach ncknowledgenzenttor each signahuzJ
/Corporate Aulhorifi regtriredfor ench signalorl
[i
5-13
CALIFORNIA ALL PURPOSE
CERTIFICATE OF ACKNOWLEDGIVIENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On July 12, 2011, before me, Ann M. Futo, Notary Public, personally appeared Brian J. Milich and
Wade Hall, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that l3efsl3e/they executed the same in
hisA3er/their authorized capacity (ies), and that by hisser/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
Signature
ld,r~n.:rlt .~~..,.R1
This area for oRCial notarial seal
5-14
Commission M 1832)30
Notary public - Caltiornia
San Oleae r.,......
Nalery Form 2011
LIST OF EXHIBITS
ASSIGNMENT AND ASSUMPTION AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OTAY
RANCH, LLC, AND SLF IV/MCMILLIN MILLENIA JV, LLC.
Exhibit A: Legal Description of the Property.
Exhibit B: Interim Desiltation and Maintenance Agreement (Eastern Urban Center
Interim Grading) [recorded on June 9, 2004 in the Office of the County
Recorder of San Diego County as File No. 2004-0538918 of Official
Records].
r
.L`,En~ineed:LA?1DDEV`,Prejects\6astern Urbst Center,Mass-0radin,Resta~ement & Assienmcnt ,lgreetnenl'.ayrevmeN.doc
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)_,XHIBIT "A"
Lzgal Description of Project Site
PARCEL A: (643-060-7 8-001
PARCEL 3 OF PARCEL MAP N0. 18481, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 31, 2D00 AS INSTRUMENTNO.2000-
283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM TILE LAND DESCRIBED IN THAT CERTAIN
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY ~?,
?D03 AS INSTRUMENT NO.2003-0604602 AND ACCEPTED BY THAT CERTAIN
ACCEPTANCE OF IRREVOCABLE OTTER OF DEDICATION OF FEE INTEREST
RECORDED MAY 22, 2003 AS INSTRUMENT NO.2003-D604603 AND CONVEYED TO
TIC STATE OF CALIFORNIA BY GRANT DEED RECORDED MAY 22, 2D03 AS
INSTRUMENT NO.2003-0604607 ALL OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA.
PARCEL B: (APN: 643-Ofi0-24)
THAT PORTION OF LAND CONVEYED TO TF1E STATE OF CALIFOI3DIIA RECORDED
ON IvIAY 22, 2003 AS INSTRUMENT N0.2003-0604607 LYING EASTERLY AND
NORTHEASTERLY OF THL• FOLLOWING DESCRffiED LINE:
COMMENCING AT A 2" IRON PIPE WITH DISC STAMPED "R.C.E ?606" MARKING
THE NORTHEAST CORNER OF LOT 23 OP RANCHO OTAY, AS SHOWN ON RECORD
OP SURVEY NO. 16504, RECORDED MARCH 9TH, 2000, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SAID PII'E BEARING NORTH
71i7'S7"EAST 2640.41 FEET FROM A 2" IRON PIPE WITH DISC STAMPED "L.S. 5284"
MARKING THE SOUTHWEST CORNER OF LOT 10 OF MAP NO. 14432, RECORDED
AUGUST 30TH, 2002, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 23 SOUTH 7157'57" WEST 22.30 FEET
TO TAE TRUE POINT OF BEGINNING; THENCENORTII 6324'16" WEST 138?4 FEET
TO THE BEGINNING OF A 550.03 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 2239'08" A DISTANCE OF 217.46 FEET TO THE BEGAiD1ING OF
ANON-TANGENT 433.15 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL BEARING TO SAID POINT BEARS SOUTH 4416'63" WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0200'16" A DISTANCE OF i 5.15 FEEI; THENCE NON-TANGENT TO SAID CURVE
NORTH 6D45'2B" WEST 30.31 FEET TO THE BEGRJNING OFANON-TANGENT 320.41
5-16
FOOT RADNS CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARDJG TO SAID
POINT BEARS SOUTH 4622'51" 14rEST; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 0943'}6" A DISTANCE OF 54.41 FEET TO
THE BEGINNING OF A 3606.39 FOOT RADNS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTI~IWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 423D'D8" A DISTANCE OF 157.5] FEET TO THE BEGINNING OF
A 1913.54 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
D538'03" A DISTANCE OF 168.19 FEET TO THE BEGINNING OF A 6998.01 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCENORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0124'52" A DISTANCE OF
172.745 FEET TO TI-IEBEGINNING OF ANON-TANGENT 3624.21 FOOT RADNS
CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID BEGINNING
BEARS SOUTH 6527'OI" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF D314'26" A DISTANCE OF 204.98 FEET; THENCE
NORTH 2118'33" WEST 204.19 FL-ET; THENCE NORTH 1729'08" WEST 83.50 FEET TO
THE BEGINNING OF A 14D7.94 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
D837'48" A DISTANCE OF 212.07 FEET; THENCE NORTH 0637'59" WEST 23259 FEET
TO THB POINT OF TERMINUS; THENCE NORTH 0911'35" WEST 169.93 FEET;
THENCE NORTH O8~?'34" WEST 56.24 FEET; THENCE NORTH 0910'03" WEST 77.41
FEET TO THE BEGINNING OF A 137.26 FOOT RADNS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 1332'35" A DISTANCE OF 32.44 FEET; TI~NCE NORTH 04~?'32" EAST
131.80 FEET TO THE BEGINNING OF A 284.84 FOOT RADNS CURVE CONCAVE
WESTERLY; THENCENORTHERLY ALGNG SAID CURVE THROUGH A CENTRAL
ANGLE OF 1416'D8" A DISTANCE OF 70.93 FEET TO THE BEGINNING OF A 121.83
FOOT RADNS REVERSE CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 190D'S9" A DISTANCE OF
40.41 FEET; THENCE NORTH D907'23° EAST 160.03 FEET TO THE BEGINNING OF A
911.14 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1439'39" A DISTANCE OF 233:15 FEET TO THE BEGINNING OF A 2155.33 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 0435'30" A DISTANCE OF 172.73
FEET; THENCENORTH 2822'31" EAST 120.32 FEET; THENCE NORTH 2632'?1"EAST
169 ~7 FEET TO THE BEGINNING OF A 593.50 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 3333'34" A DISTANCE OF 347.62 FEET TO THE BEGINNING OF A 1262.42
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID
CURVE TH1t0UGH A CENTRAL ANGLE OF 07D9'4I" A DISTANCE OF 157.79 FEET
TO THE BEGINNING OF A 36.88 FOOT RADIUS REVERSE CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 9039'38" A D15TANCE OF 58.35 FEET; THENCE NON-
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TANGENT TO SAID CURVE NORTH 0818'56" WEST 45.88 FEET; THENCE ALONG A
RADIAI. HEARINGNORTH 0810`13" WEST 65.00 FEET TO A POINT ON A 3700.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT BEING ON THE
SOUTHERLY LINE OF LAND DESCRIBED AS PARCEL 32019-1 CONVEYED TO THE
STATE OF CALIFORNIA RECORDED ON IvIAY 22, 2003 AS INSTRUMENTNO.2003-
06046D7• THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID STATE LAND
THROUGH A CENTRAL ANGLE OF 0348'57" A DISTANCE OF 246.42 FEET TO THE
SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN SAID STATE LAND
BEARING NORTH 0421'16" WEST 95.92 FEET.
Tl~. ABOVE DESCRIBED LAND WAS CONVEYED TO MCMILLIN OTAY RANCH,
LLC, A DELAWARE L[MITED LIABILITY COMPANY IN GRANT DEED RECORDED
AUGUST 6, 2010 AS INSTRUMENT N0.2010-D403982 OF OFFICIAL RECORDS.
PARCEL C: (APN:643-060-33)
THAT PORTION OF LAND CONVEYED TO TI<E STATE OF CALffORNIA RECORDED
ON MAY 22, 2003 AS INSTRUMENT NO.2003-0604b07 LYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMD'lENCING AT A?" IRON PIPE WITH DISC STAMPED "R.C.E 2_?606" MARKING
THE NORTFIEAST CORNER OF LOT 23 OF RANCHO OTAY, AS SHOWN ON RECORD
OF SURVEY NO. 16504, RECORDED MARCH 9TFI, 2000, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SAID PIPE BEARING NORTH
7157'57" EAST 2640.41 FEET FROM A 2" IRON PIPE WITH DISC STAMPED "L.S. 5284"
AdARICING TIME- SOUTHWEST CORNER OP LOT 10 OF MAP N0.14432, RECORDED
AUGUST 30TH, 2002, IN TFIE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THENORTHERLY LINE OF SAID LOT 33 SOUTH 7157'57" WEST 22.30 FEET;
THENCE NORTH 6324'16" WEST 138:L4 FEET TO THE BEGINNING OF A 550.03 FOOT
RADIUS CURVE CONCAVE-,NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2239'08" A DISTANCE OF
217.46 FEET TO THE BEGINNING OF ANON-TANGENT 433.li FOOT RADIUS
CURVE CONCAVENORTHEASTERLI", A RADIAL BEARINGTO SAID POINT BEARS
SOUTH 4415'53" WEST; TIiENCENORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 0200'I6" A DISTANCE OP 15.15 FEET; THENCE
NON-TANGENT TO SAID CURVENORTH 6045'28" VdEST 30.31 FEET TO THE
DEGINNING OF ANON-TANGENT 320.4I FOOT RADNS CURVE CONCAVE
NORTHL-ASTERLY, A RADIAL BEARING TO SAID POIlVT BEARS SOUTFI4G22'S1"
WEST; THENCE NORTHW ESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OP 094:146" A DISTANCE OF 54.41 FEET TO THE BEGINNING OF A 3606.39
FOOT RADNS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0?30'08" A DISTANCE OF
157.51 FELT TO THE BEGINNING OF A 1913.84 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE- NORTHWESTERLY' ALONG SAID CURVE THROUGII A
5-18
CENTRAL ANGLE OF 0538'03" A DISTANCE OF 188.19 FEET TO THE BEGINNING OF
A 6998.03 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0124'53" A DISTANCE OF 172.745 FEET TO THE BEGNNING OF ANON-TANGENT
3624.21 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH 652701" WEST; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF D314'26" A DISTANCE OF
2D4.98 FEET; THENCE NORTH 2118'33" WEST 204.19 FEET; THENCE NORTH 1729'08"
WEST.83.50 FEET TO THE BEGINNING OF A 1407.94 FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 0837'4B" A DISTANCE OF 212.07 FEET; THENCE NORTH
0837'59" WEST 232.59 FEET; THENCE NORTH 091 I'35" WEST 169.93 FEET; TI~NCE
NORTH 082'34" WEST 56?4 FEET; THENCE NORTH 0910'03" WEST 77.41 FEET TO
THE BEGINNING OF A 137:?6 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1332'35" A DISTANCE OP 32.44 FEET; THENCE NORTH 0422'32" EAST 131.80 FEET
TO THE BEGINNING OF A 284.84 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1416'08" A DISTANCE OF 7D.93 FEET TO THE BEGINNING OF A 121.88 FOOT
RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 1900'59" A DISTANCE OP 40.45
FEET; THENCE NORTH 0907'23" EAST 160.D3 FEET TO THE BEGINNING OF A 911.54
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1439'39" A DISTANCE OF
233?5 FEET TO THE BEGINNING OF A 2155.33 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 0435'30" A DISTANCE OF 172.73 FEET; THENCE NORTH
2822'31" EAST 120.32 FEET; THENCE NORTH 2632'21" EAST I69:L7 FEET TO THE
TRUE POINT OF BEGINNING, SAID FOINT BEING THE BEGII~TNING OF A 593.50
FOOT RADIUS CURVE CONCAVE WESTERLY; TIiENCENORTHERLY ALONG SAID
CURVE TI-IItOUGH A CENTRAL ANGLE OF 3333'34" A DISTANCE OF 347.62 FEET
TO THE BEGINNING OF A 1262.42 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
D709'41" A DISTANCE OF 157.74 FEET TO THE BEGINNING OF A 36.88 FOOT
RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
9034'38" A DISTANCE OF 58x5 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 0838'56" WEST 45.85 FEET; THENCE ALONG A RADIAL BEARING NORTH
OBt0'li" WEST 65.D0 FEET TO A POINT ON A 3700.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, SAID POINT BEING THE YGINT OF TERMINUS AND
IIEING ON THE SOUTHERLY LINE OF LAND DESCRIBED AS PARCEL 3?019-1
CONVEYED TO THE STATE OF CALIFORNIA RECORDED ON MAY 22, 3003 AS
INSTRUMENT N0.20D3-0604b07: THENCE NORTHEASTERLY ALONG SAID CURVE
AND SAID STATE LAND THROUGH A CENTRAL ANGLE OF 0348'i7" A DISTANCE
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OF 246.42 FEET TO THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN
SAID STATE LAND SEARING NORTH 0421'16" WEST 95.92 FEET.
THE ABOVE DESCRIBED LAND WAS CONVEYED TO MCMILLIN OTAY RANCH,
LLC, A DELAWARE LIMITED LIABII.ITY COMPANY IN GRANT DEED RECORDED
AUGUST 6, 2010 AS INSTRUMENT N0.201D-0403982 OF OFFICIAL RECORDS.
5-20
___
EXHIBIT B
RECORDlrD Rt3QULST Ol' ~ i 5 0 4 ~~~+ # ~~~4-~5,~8~18
First A~nerica» Title JL3iV 0~7 ~ 2004 11 e 35 Ai"f
SOaDIV1510N MAPPING DEPT.
OFFICItk. (
Recording Requested by: ) SAN DIEGO COl1NTY RECORDER'S OFFICE
1 GREGORY J. SNITH~ COIIiTY RECDFtDEF
CITY CLERK ) FEE5t 5fi.00
1~ When Recorded, Mail to: j IIIIIIIII!'JIIIIIIIIIIIfIIInI~I11IIII~IeItIIIIIII~II~~IU~
fJ CITY OF CHULA VISTA )
~11 276 Fourth Avenue )
1 ``4'J Chula Vista, CA 91910 )
File No. OR-251 G
INTERIM DESILTATION AND MAINTENANCE AGREEMENT
(Eastern Urban Center Interim Grading)
This Agreement is made by and between McMillin Otay Ranch, LLC (referred herein
as "Developer"), and the City of Chula Vista, a California municipal corporation ("City"),
with reference to the following facts:
RECITALS
A. Developer otivns approximately 214.7 acres of that certain real property, as
more particularly described in Exhibit "A" and as shown on Exhibit "A-1', within a portion
of what is commonly known as the Eastern Urban Center ("EUC") of the Otay Ranch
planned community (Hereinafter referred to as "Property").
B. On April 1, 2003, the Chula Vista City Council, pursuant to Resolution No.
2003-131, and in accordance with the California Environmental Quality Act (CEQA) (Pub.
Resources Code Section 21000 et seq.), certified the Final Second Tier Environmental
Impact Report 02-04 for the V illage 12 Freeway Commercial Sectional Planning Area Plan
approved, made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting
Program, and adopted a Statement of Overriding Considerations.
C. On April t, 2003, the City approved the Sectional Planning Area (SPA) Plan,
including the Public Facilities Financing Plan for Planning Area 12 Freeway Commercial by
Resolution Number 2003-132 relying on the Final Second Tier Environmental Impact Report
02-04 for the Village 12 Freeway Commercial Sectional Planning Area Plan approved by
Resolution 2003-131. Developer owns approximately 86.9 acres commonly known as the
Planning Area 12 of a larger area known as Freeway Commercial.
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11505
D. On April 15, 2003, the City approved a Tentative Map, Tract 03-] 1(Herein
referred to as the "Tentative Map"), for a portion ot'the Otay Ranch Sectional Planning Area
12-Freeway Commercial Plan by Resolution Number 2003-165. In addition, said Tentative
Map proposes certain grading work and the construction of ancillary desalting and drainage
facilities within the EUC.
E. Condition number 48 of the Tentative Map, as more particulazly set forth on
Exhibit "B", requires, that prior to approval of any gradingand/or desalting facilities within
the EUC, Developer shall enter into an agreement with the City, where Developer agrees to
maintain and guarantee the operation and maintenance of any private drainage and/or
desalting facilities that may be approved by the City Engineer within the EUC.
G. Whereas the City Engineer has determined that certain temporary drainage,
desalting basins, and erosionlsedimentation control facilities, as shown on Chula Vista
Drawings Nos. 03070-10, 03070-11 and 03070-13 are adequate as of the date of this
Agreement to temporarily service the grading proposed for the Property on Chula Vista
Drawings No. 03070-10, 03070-11 and 03070-13
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree as follows:
1. Defined Terms. The following defined terms shall have the meaning set forth
herein, unless otherwise specifically indicated.
1.1 "Temporary Private Facilities" shall mean certain temporary private drainage,
desalting basins, and erosion sedimentation control facilities proposed for construction within
the EUC, as shown on Chula Vista Drawings Nos. 03070-10, 03070-11 and 03070-13 and as
approved by the City Engineer including those Facilities shown on Encroachment PermitNo.
11-03-6MC-0184 as approved by Caltrans.
1.2 "Complete Construction" shall mean that consvuction of the Temporary
Private Facilities has been completed to the satisfaction of the City Engineer.
1.3 "Maintain" or "Maintenance" shall mean to furnish, or the furnishing of,
services and materials for the ordinary and usual maintenance required for the operation of
the Temporary Private Facilities as set forth in a City approved maintenance program.
2. Condition No. 48 Temporary Desiltation Facilities. In full satisfaction of
Condition No. 48 of the Tentative Map, Developer agrees to the following:
2.1 Construction. Developer agrees to construct private offsite Temporary Private
Facilities, as shown on Chula Vista Drawings Nos. 03070-10, 03070-11, and 03070-13, as
approved by the City Engineer. Developer shall complete construction of the Temporary
Private Facilities on or before the fast anniversary of the City Council `s approval of this
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11506
Agreement. The Temporary Private Facilities shall comply with all the provisions of the
National Pollutant Discharge Elimination System and the Clean Water Program. Developer
understands and agrees that Developer is responsible for obtaining all necessary peanits,
approvals and certifications, if any, from the applicable federal or state agencies, including
bttt not limited to Caltrans, California Department of Fish and Game and/or the U.S. Army
Corps of Engineers.
2.2 Maintenance. Developer sltall operate and maintain the Temporary Private
Facilities in accordance with the "Maintenance and Operation Plan" as set forth in the "Otay
Ranch Village 12-Freeway Commercial Off-Site Storm Drain & Desiltation Basin
Maintenance Plan" as revised April 13, 2004 prepared by Rick Engineering on file in the
Office of the City Engineer, until such time as they are 1) accepted for maintenance by the
City, other public agency approved by the Ci[y, or a maintenance entity approved by the City,
or 2) replaced by permanent public facilities approved by the City. Developer understands
and agrees that Developer shall 6e solely responsible for the maintenance and operation of
the Temporary Private Facilities and any liability resulting therefrom.
2.3 Secttrities. Developer shalt provide the City with maintenance securities, in
accordance with paragraph 3 below, to guarantee Developer maintenance obligations
hereunder.
3. Security for Performance.
3.1 Cash Deposit. Concurrent with the execution of this agreement, Developer
shall provide the Ci[y with a cash deposit ("Cash Deposil'~ which will be the equivalent of
two years of Maintenance costs for the Temporary Private Facilities as determined by the
City Engineer to guarantee Developer's Maintenance obligations under Section 22 of this
Agreement in the sums set forth in Exhibit "C". City shall hold the Caslt Deposit for the
duration of Developer's Maintenance obligations hereunder, and expend such deposit solely
for purposes in the performance of such obligations, in the event of Developer's default in
the performance of said maintenance obligations. Should the City expend the Cash Deposit
due to Developer's default ofits performance obligations, Developeragrees to redeposit the
equivalent sum ofmoney needed to equal the amount required by this Agreement, as set forth
in Exhibit "C",within 30 days of the City's request for such deposit. All interest earnings on
the Cash Deposit shall be retained by the City during this period. Any unexpended amount
of the deposit, including any interest earned, shall be released and remitted to Developer
upon the termination of its maintenance obligations as set forth in this Agreement.
3 ~ Maintenance Boads. Concurrent with the execution of this Agreement,
Developer agrees to the following:
a) Bands. Developer shall provide the City with a bond for an initial term of
eight years ("Maintenance Bond"), starting from the date of issuance of the
first grading permit in connection with Chula Vista Drawing Nos. 03070-10,
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11507
03070-I 1, and 03070-13, in order to guarantee its Maintenance obligations
under Section 2.2 of this Agreement in the amounts more fully set forth in
Exhibit "C". The Maintenance Bond shall be issued by a surety with a Bests
A-V rating or better and shall be in a form approved 6y the City Attorney.
Developer acknowledges and agrees that at no time shall the Maintenance
Bond be allowed to expire and that all times while Developer has
maintenance obligations to be performed pursuant to this Agreement the
Maintenance Bond shall be in full force and effect unless equivalent security
has been provided as set forth below.
b) Use of Maintenance Bond. Developer acknowledges and agrees that if
the Developer fails to fulfill its Maintenance obligations as set forth herein,
the sums provided by said bond may be used by City for the purpose of
fulfilling such obligations as approved by the City Engineer. Developer also
agrees that the City may take any and all actions necessary, in order to obtain
the funds necessary for the purpose of fulfilling sucho6ligations. Developer
agrees to pay to the City any difference between [he total costs incurred [o
perform the work, including but not limited to reasonable design and
administration of maintenance in substantial conformance with the
Maintenance and Operation Plan (including a reasonable allocation of
overhead), and any proceeds from the Maintenance Bond.
c) Develooer's Costs and Expenses. It is also expressly agreed and
tmderstood by the parties hereto that in no case will the City of Chula Vista,
or any department, board or officer thereof, be liable for any portion of the
costs and expenses of the work aforesaid, nor shall the City or the City's
officer, sureties or bondsmen, be liable for the payment of any sum or sums
for said work or any materials furnished therefor.
33 Developer understands and agrees that the City shall not issue any grant of
approval for development of the Property, ifthe Maintenance Bond has notbeen delivered or
approved as sufficient by the City.
3.'t Developer may request that another form of equivalent security, such as a
letter of credit or cash, acceptable to the City Engineer, be substituted for the Maintenance
Bond described herein. Developer acknowledges and agrees that such substitution is in the
sole discretion of the City Engineer.
3.5 Reduction of Security. In the event that the annual maintenance costs are
reduced, the City Engineer may review at Developer's request to reduce, proportionately, the
amount of the Maintenance Bond or equivalent security required by this Section. City shall
not unreasonably withhold approval of such request provided however that Developer s
obligations are adequately secured as determined by the City Engineer in hislher sole
discretion.
_. ... .
_ ___ _.
5=2~
11508
3,6 Municipal Code Requirements. Developer understands and agrees that
Developer shall be subject to all the provisions of [he ordinances, standards, and policies of
the City of Chula V ista (including Section 14.20.310 of the Municipal Code), the laws of the
state of California, and federal law as applicable to said work as all may be amended from
time to time.
4. Future Approvals. Developer acknowledges and agrees that the performance of
Developer's obligations hereunder is required for the health and safety of the residents of the
City of Chula Vista. Therefore, the Developer agrees that the City shall have the absolute
and unfettered right to withhold the issuance ol'any grant of approval for the Property, if the
Developer is determined by the City not to be in compliance with the terms of this
Agreement. If Developer is determined by the City not [o be incompliance with any term of
this Agreement, the City shall notify Developer of Developer`s noncompliance and provide
the Developer with 30 days to cure said noncompliance. The Developer shall not be in non-
compliance if, upon notification ofnon-compliance, Developer starts immediately to work
toward cure of said non compliance and diligently pursues, as determined by the City
Engineer, a course of action to achieve a cure within a reasonable time frame.
5. Agreement Binding upon Successors. This Agreement shalt be binding upon and inure
to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property as described on Exhibit "A" until released by the mutual consent of the parties.
6. Agreement Running with the Land. The burden of the covenants contained in this
Agreement ("burden") is for the benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. City is deemed the beneficiary of such
covenants for and in its own right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor and for whose benefit of such
covenants running with [he land have been provided without regard to whether Cityhas been,
remained or are owners of any particular land or interest therein: If such covenants are
breached, the City shall have the right to exercise all rights and remedies and to maintain any
actions or suits at law or in equity or other proper proceedings to enforce the curing of such
breach to which it or any other beneficiaries of this agreement and the covenants may be
entitled.
7. Indemni£cation. Developer further understands and agrees that City, as indemnitee, or
any office or employee thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developer, its agents or employees, related
to the construction of the Temporary Private Facilities and Developer's Maintenance
activities. Developer further agrees to protect and hold the City, its officers and employees,
harmless from any and all claims, demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of Developer, its agents or employees, related
to the construction of the Temporary Private Facilities and Developer's Maintenance
activities. The approved improvement securities referred to above shall not cover the
5-25
11509
provisions of this paragraph. Such indemnification and agreement to hold harmless shall
extend to damages to adjacent or downstream properties or the taking of property from
owners o f such adj acent or downstream properties as a result of Developer's construction and
Maintenance activities as provided herein. It shall also extend to damages resulting from
diversion of waters, change in the volume of flow, modification of the velocity of the water,
erosion or siltation, or modification of the point ofdischarge as the result of the construction
of the Temporary Private Facilities and maintenance and/or siltation removal activities. The
approval of plans for the Temporary Private Facilities and any related improvements shall not
constitute the assumption by City of any responsibility for such damage or taking, nor shall.
City, by said approval, be an insurer or surety For the construction ofthe Temporary Private
Facilities and any related improvements. The provisions of this Agreement shall become
effective upon the execution of this Agreement and shall remain in full force and effect
regardless of the City's approval of the Temporary Private Facilities.
8. Miscellaneous Provisions.
8.1 Entire Agreement. This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof and any and all other prior or
contemporaneous oral or written agreements are hereby superseded. This Agreement maybe
amended, but only pursuant to a written amendment properly authorized and executed by
both parties hereto.
8.2 Compliance with Laws. In the performance of its obligations under this
agreement Developer shall comply with any and all applicable federal, state and local laws,
regulations, policies, permits and approvals.
8.3 Recitals and Exhibits. All Recitals and attached Exhibits referred to herein
are hereby incorporated herein by this reference.
8.4 Term. This agreement shall remain in effect for so long as either party has
executory obligations hereunder.
8.5 Recordine. The parties hereto shall cause this Agreement to be recorded in
the Official Records of the County of San Diego.
8.6 Assignment. The obligations ofthe Developer under this Agreement shall not
be assigned in whole or in part, without the express written consent of the City.
8.7 Authority of Signatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its
principal to enter into this Agreement, and that al l resolutions and/or other actions have been
taken so as to enable it to enter into this agreement.
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1150
g.8 Termination. Upon the termination of this Agreement pursuant to applicable
provisions hereof, at the request of Developer or any successor in interest who owns any
portion of the Project encumbered by this Agreement, the City will execute an instrument in
recordable form prepared by Developer in a form acceptable to the City Attorney which
evidences the termination ofthis Agreement and confirms the release of the Project from the
encumbrance of this Agreement.
8.9 Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be
entitled to ajudgment against the outer for an amount equal [o reasonable attorney's fees and
court costs incurred. The "prevailing party" shall 6e deemed to be the party who is awazded
substantially the relief sought.
8.10 Prepazation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the prepazation
and/or drafting this Agreement.
8.1 I Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered, and received
when personally delivered to the party to whom it is directed, or in lieu thereof, when three
(3) business days have elapsed following deposit in the U.S. mail, cettified or registered mail,
return receipt requested, first-class postage prepaid, addressed to the address indicated in this
Agreement. A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party.
C1TY OF CHULA V [STA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
DEVELOPER:
McMillin Otay Ranch LLC
2727 Hoover Avenue
National City, CA 91950
Attn: Frank Zaidle, Vice President
]NEXT PAGE IS PAGE ONE OF TWO S[GNATURE PAGES]
5-27
11511
PAGE ONE OF TWO SIGNATURE PACES TO TFiE INTERIM DESILTATION AND
MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading)
IN WITNESS WHEREOF, the parties hereto have causedthis agreementto be executed the day
and year first hereinabove set forth.
Dated: ~' X004
CITY OF HULA VISTA ~ ~~
% a,_LIFJ~~L_-_
b'
tephe C. Padilla
Mayor
Attest:
~ ~ ~~ d
Susan Bigelow, City Jerk
Approved as to form:
Ann e ity Attorney
Dated:
(NEXT PAGE [S PAGE 2 OF TWO SIGNATURE PAGES)
8
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PAGE TWO OF TWO SIGNATURE PAGES TO THE INTERIM DESILTATION AND
MAINTENANCE AGREEMENT (Eastern Urban Center Interim Grading)
McMILLIN OTAY RANCH, LLC
a Delaware limited liability company
By: McMillin Companies, LLC
a Delaware limited liability company
(Attac]
- _. _ 5-29
11513
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On 5/20/04 ,before me, Dawn B. Mendoza. Notarv Public personally
appeared Frank Zaidle and Sohail Bokhari ,personally known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and ofFcial seal.
3 ~~,,. CCM;,r,.x yzas3ss z
N NOangv PL3~Cf N
Z •~ .Al:rUi'.NIR
_ w1N 0::,',O COIAVTv
TNS a2a faralfMal np•.a1.a16aa1
Title of Document Interim Desiltation and Maintenance Agreement
Date of Document No. of Pages
Other signatures not acknowledged
Notary FartrZ
McMilfn Cormanies
DAWN 8. MENDGZA
5-30
11514
LIST OF EXHIBITS TO THE INTERIM DESILTATION AND MAINTENANCE
AGREEMENT (Eastern Urban Center Interim Grading)
Exhibit A
Exhibit A-1
Exhibit B
Exhibit C
Legal Description for the EUC
Property Plat for the EUC
Condition ~ 48 of Tentative Map
Security Requirements
10
5-31
1=5i5
INTERIM DESILTATION AND MAINTENANCE AGREEMENT
(Eastern Urban Center Interim Grading)
EXHIBIT A
(MCMILLIN E.U.C. LEGAL DESCRIPTION)
11
5-32
ii5i6
J-13715i"1
EXHIBIT "A"
Legal Description for the McMillin Otay Ranch Eastern Urban Center
Parcel 3 In the City of Chula Vista according to the Parcel Map thereof No. 18481,
on file in the Office of the County Recorder of San Diego County, State of
California.
Excepting therefrom SR-125 Right-of-way as conveyed to the State of California
by Grant Deed filed in the OfFce of the County Recorder of San Diego County on
May 22, 2003 as File No. 2003-0604607 of Official Records.
Robert G. Schoettmer, L.S. 4324
ib/13715m.015
5-33
11517
INTERIlY1 DESILTATION AND MAINTENANCE AGREEMENT
(Eastern Urban Center Interim Grading)
EXHIBIT A-1
(MCMILLIN E.U.C. PROPERTY PLAT)
12
5-34
ii5i8
5-35
i~5is
INTERIM DESILTATION AND MAINTENAA'CE AGREEMENT
(Eastern Urban Centerlnterim Grading)
EXHIBIT B
Conditions ofApproval for Chula Vista Tract 03-11 Otay Ranch Planning Area
12-Freeway Commercial South (McMillin)
Resolution No. 2003-165
Condition No. 48
48. Should Applicant propose ilte construction of private offsite temporary
drainage andlor desalting faci lines within the EUC project, Applicant shall, prior
to approval of arty grading permit for such construction, enter into an agreement
with the City, where Applicant agrees to provide for the maintenance of said
facilities to the satisfaction of the Director of Engineering until such time as they
are replaced by permanent facilities approved by the City. In addition, Applicant
shall provide security in the form of cash or other security instrument approved by
(he Director of Engineering and City Attorney, guazanteeing the performance of
said maintenance obligations.
13
5-36
1.520
INTERIM DESILTATION AND )YIAINTENANCE AGREEMENT
(Eastern Urban Center Interim Grading)
EXHIBIT C
(SECURITY REQUIREMENTS)
MAINTENANCE OBLIGATIONS (Paragraph 22 of this Agreement)
* Cash Deposit Cash deposit (Two yeaz term) in the amount
of $ 58,800 to be submitted concurrent with
the execution of this Agreement.
* Maintenance Bond Bond (Eight year term) in the amount of $
235,200 to be submitted concurrent with the
execution of this Agreement.
2126608 Insurance Comnanv of the West
Bond No. Insurance Company
J:\L'n;inec~ltANDD[NPruJe<IS\friay ltmmlNiila~e 1?\rt¢millinl~ndin~+~U<siAatim AueemenLdoe
ZQ
RESOLUTION 2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE INTERIM DESILTATION
AND MAINTENANCE AGREEMENT FOR THE MASS-
GRADING OF THE EASTERN URBAN CENTER (MILLENIA)
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on September 15, 2009, in accordance with Resolution No. 2009-265,
Council approved the Tentative Subdivision Map for the Otay Ranch Eastern Urban Center,
Chula Vista Tract 09-03 (herein referred to as "Tentative Map") for the subject property; and
WHEREAS, Condition No. 52 of the Tentative Map requires the Developer to enter into
an agreement with the City to provide for the maintenance of all proposed drainage and water
quality treatment facilities attributable to the project; and
WHEREAS, on January 10, 2011, the City approved the mass-grading plans for the
McMillin Eastern Urban Center (Millenia), Chula Vista Drawing No. 10044, which proposes the
temporary grading and construction of drainage facilities, including erosion control and desilting
basins.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Interim Desiltation and Maintenance Agreement for the Mass
Grading of the Eastern Urban Center (Millenia) between the City and SLF IV/McMillin Millenia
JV, LLC, a copy of which shall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by: Approved as to Form by:
Gary Halbert, AICP, PE
Director of General Services/
Assistant City Manager
'~1City Attorney
5-38
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: 9 ~ 7 ~~~
ASSIGNMENT AND ASSUMPTION AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA,
MCMILLIN OTAY RANCH, LLC, AND
SLF IV/MCMILLIN MILLENIA JV, LLC
5-39
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF CHULA V1STA
OFFICE OF THE CITY CLERK
276 FOURTH AVENUE
CHULA V1STA, CA 91910
Above Space for Recorder's Use
CCV File No. PG-799
INTERIM DESILTATION AND MAINTENANCE AGREEMENT FOR THE
MASS GRADING OF THE EASTERN URBAN CENTER (MILLENIA)
This Interim Desiltation and Maintenance Agreement ("Agreement") is made by
and between SLF IV/McMillin Millenia JV, LLC (referred to herein as "Company"), and
the City of Clmla Vista, a California municipal corporation ("City"), with reference to the
following facts:
RECITALS
Company owns approximately 207 acres of land known as the "Otay Ranch
Eastern Urban Center" (hereinafter referred to as the `'Project") south of Birch
Road and the Otay Ranch Town Center, north of the future extension of Hunte
Parkway, adjacent to and east of State Route 12S (SR-125), and west of Eastlake
Parkway. The property which is the subject matter of this agreement is more
particularly described in Exhibit A, attached hereto and incorporated herein by
this reference (hereinafter referred to as the "Property").
On September 15, 2009, the ~i'ty approved a Tentative Subdivision Map for the
Project, Chula Vista Tract 09-03 (hereinafter referred to as the "Tentative Map"),
by Resolution Number 2009-225.
Condition number 52 of the Tentative Map, as more particularly set forth on
Exhibit B, requires, that prior to approval of each grading permit for the Project,
the applicant shall:
(a) Prepare a maintenance program of all the proposed drainage and water
quality treannent facilities, the channel or basin, including but not
limited to naturalized channels down stream of the Project, wetlands
restoration areas, detention basins, and water quality treatment
facilities;
5-40
(b) Demonstrate compliance with Section 1803 of the California building
code (CBC); and
(c) Enter into an agreement with the City wherein the applicant agrees to
provide for the maintenance of all proposed drainage and water quality
treatment facilities attributable to the Project, and provide security,
satisfactory to the City Engineer, guaranteeing the performance of the
aforementioned maintenance and siltation removal obligations. This
obligation may be transferred to another property owner if approved by
the City.
4 The City Engineer has determined that certain temporary drainage, desilting
basins, and erosion sedimentation control facilities, as shown on the Mass
Grading Plans for the Project, Chula Vista Drawing Number 10044 are adequate
as of the date of this Agreement to temporarily service the mass-grading proposed
for the Property.
NOR' THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Defined Terms. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated.
1.1. "Temporary Private Facilities" shall mean the temporary private
drainage, desilting basins, and erosion/sedimentation control
facilities proposed for construction within the Project, as shown on
Chula Vista Drawing No. 10044 as approved by the City Engineer.
1.2. "Comptete Construction" shall mean that construction of the
Temporary Private Facilities has been completed to the satisfaction
of the City Engineer
1.3. "Maintain" or "Maintenance" shall mean to furnish, or the
furnishing of, services and materials for the ordinary and usual
maintenance required for the operation of the Temporary Private
Facilities as set forth in the IOMP.
1.4. "Inspection, Operation, and Maintenance Plan," or "IOMP," means
a description of the inspection, operation, and maintenance
activities and schedules required to ensure proper operation and
effectiveness of the Temporary Private Facilities, which IOMP is
attached hereto as Exhibit C and incorporated herein by this
reference.
2. Condition No. 52 of Tentative Map. In partial satisfaction of Condition No.
52 of the Tentative Map, Company agrees to the following:
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2.1. Construction. Company, agrees to construct Temporary Private
Facilities, as shown on Chula Vista Drawing No. 10044. These
facilities may be phased in accordance with a phased grading plan
as approved by the City Engineer. The Temporary Private
Facilities shall comply with all the provisions of the National
Pollutant Discharge Elimination System. and the Clean Water
Program. Company understands and agrees that Company is
responsible for obtaining all necessary permits, approvals, and
certifications, if any, from applicable federal or state agencies,
including but not limited to Caltrans, the California Department of
Fish and Game and/or the US Army Corps of Engineers. City
shall cooperate with Company as necessary to obtain all such
permits, approvals and certifications.
2.2. Maintenance. Company shall operate and maintain the Temporary
Private Facilities in accordance with the IOMP until the
responsibility for maintenance has been assumed by another owner
of the Property or the City determines that the Temporary Private
Facilities are no longer needed because they have been superseded
by new private or public facilities approved by the City Engineer.
City agrees to ensure, but shall not be liable for in any way
whatsoever, that adequate securities, consistent with this
Agreement, are put in place as a condition of the transfer of
responsibility to another owner. Immediately upon the occurrence
of any of the aforementioned events, Company's maintenance
obligations shall terminate and City shall release and return to
Company any and all security provided pursuant to this Agreement
after adequate securities are put in place as a condition of the
transfer of responsibility to another owner.
23. Fulfillment of Condition No. 52. Condition No. 52 shall be
considered fully satisfied when the City Engineer makes the
determination that the last grading permit for the Project has been
issued; otherwise, the requirements of Condition No. 52 shall be
enforced for each grading permit for the Project.
2.4. Securities. Company shall provide the City with maintenance
securities, in accordance with paragraph 3 below, to guarantee
Company-maintenance obligations herein.
3. Security for Performance.
3.1. Cash Deposit. At least thirty (30) days before the filing oFthe City
of Chula Vista Form 5512 for Approval to Commence Work,
Company shall provide the City with a cash deposit ("Cash
3
5-42
Deposit") to guarantee Company's maintenance obligations
pursuant to Section 2.2 of this Agreement, in the sum set forth in
Exhibit D, which represents two years of maintenance costs for the
Temporary Private Facilities as estimated by the City Engineer.
The Cash Deposit amount may be adjusted by the City Engineer to
reflect phased grading. City shall hold the Cash Deposit for the
duration of Company's maintenance obligations hereunder. City
may spend money from the Cash Deposit solely as necessary to
correct any default of Company in the performance of Company's
maintenance obligations. Should the City spend any of the Cash
Deposit to correct any default of Company in the performance of
Company's maintenance obligations, Company agrees to restore
the Cash Deposit to its original level within 30 days of the City's
written request. Any unexpended amount of the Cash Deposit,
including any interest earned, shall be released and remitted to
Company upon the termination of its maintenance obligations as
set forth in this Agreement. The Cash Deposit amount may be
reduced upon transfer of responsibility to another party or upon
replacement of the temporary facilities with permanent facilities as
determined by the City Engineer.
3.2. Maintenance Bonds. Company also agrees to the following:
(a) Bonds. At least thirty (30) days before the filing of the City of
Chula Vista Fonn 5512 for Approval to Commence Work;
Company shall provide the City with a bond for an initial term
of eight (8) years ("Maintenance Bond"), in order to guarantee
its maintenance obligations under Section 2.2 of this
Ag~~eement in the amounts more fully set forth in Exhibit D.
The Maintenance Bond shall be issued by a surety and shall be
in a form approved by the City Attorney. Company
acknowledges and agrees that it shall maintain the Maintenance
Bond or equivalent security as determined by the City Engineer
and not let said Maintenance Bond or equivalent security lapse
or expire for as long as Company has maintenance obligations
pursuant to this Agreement.
(b) Use of Maintenance Bond. Company acknowledges and
agrees that if the Company fails to fulfil( its maintenance
obligations as set forth herein, the sum provided by said bond
may be used by the City for the purpose of fulfilling such
obligations as approved by the City Engineer. Company also
agrees that the City may take any and all actions necessary, in
order to obtain the funds necessary for the purpose of fulfilling
such obligations. Company agrees to pay to the City any
difference between the total cost incurred to perform the work,
4
5-43
including but not limited to reasonable design and
administration of maintenance in substantial conformance with
the LOMP (including a reasonable allocation of overhead), and
any proceeds from the Maintenance Bond.
(c) Company's Costs and Expenses. It is also expressly agreed
and understood by the parties hereto that in no case will the
City, or any department, board or officer thereof, be liable for
any portion of the costs and expenses of the work obligated
herein, nor shall the City or the City's officers, sureties or
bondsmen, be liable for the payment of any sum or sums for
said work or any materials furnished therefor.
3.3. Company understands and agrees that the City shall not issue any
grant of approval to commence work on the Property, if the
Maintenance Bond has not been delivered and approved by the
City as conforming to the requirements of this Agreement.
3.4. Company may request that another farm of equivalent security,
such as a letter of credit, or cash, acceptable to the City Engineer,
be substituted for the Maintenance Bond described herein.
Company acknowledges and agrees that such substitution is in the
sole discretion of the City Engineer.
3.5. Reduction of Security. In the event that the annual maintenance
costs are reduced, the City Engineer may review at Company's
request to reduce, proportionately, the amount of the Maintenance
Bond or equivalent security required by this Section. City shall not
unreasonably withhold approval of such request provided however
that Company's obligations are adequately secured as determined
by the City Engineer inhis/her sole discretion..
3.6. Municipal Code Requiremen=s. Company understands and agrees
that Company shall be subject to all the provisions of the
Ordinances, Standards, and Policies of the City of Chula Vista
(including Section 14.20.310 of the Municipal Code), the laws of
the State of California, and federal law as applicable to said work
as all may be amended from time to time.
4. Future Approvals. Company acknowledges and agrees that the performance
of Company's obligations herein is required for the health and safety of the
residents of the City. Therefore, the Company agrees that the City shall have
the absolute and unfettered right to withhold the issuance of any grant of
approval for the Property, if the Company is determined by the City not to be
in compliance with the terms of this Agreement. If Company is determined
by the City not to be in compliance with any term of this Agreement, the City
5-44
shall notify Company of Company's non-compliance and provide the
Company with thirty (30) days to cure said non-compliance. The Company
shall not be in non-compliance if, upon notification of non-compliance,
Company starts immediately to work toward cure of said non-compliance and
diligently pursues, as determined by the City Engineer, a course of action to
achieve a cure within a reasonable time-frame.
5. Agreement Binding upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors and assigns of the Company as
to any or all of the Property until released by the City or tern~inated in
accordance with the terms hereof. However, City agrees to release individual
properties from the obligations of this Agreement upon completion of
permanent facilities approved by the City as part of a development plan for
those individual properties or upon City approval of a transfer of
responsibility pursuant to sections 2.1 or 2.2 of the Agreement.
6. Agreement Running with the Land and in favor of City. The burden of the
covenants contained in this Agreement is for the benefit of the City, City is
deemed the beneficiary of such covenants running with the land without
regard to whether City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the
right, but not the obligation, to exercise all rights and remedies and to
maintain any action or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this
Agreement and covenants may be entitled.
7. Indemnification. Company further understands and agrees that City, as
indemnitee, or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or omissions of
Company, its agents or employees, related to the construction of the
Temporary Private Facilities and Company's maintenance activities.
Company further agrees to protect and hold the City, its officers and
employees, harmless from any and all ~ aims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts or omissions of
Company, its agents or employees, related to the construction of the
Temporary Private Facilities and Company's maintenance activities. The
approved improvement securities referred to above shall not be deemed to
limit the provisions of this paragraph. Such indemnification and agreement to
hold harmless shall extend to damages to adjacent or downstream properties
as a result of Company's construction and maintenance activities as provided
herein. It shall also extend to damages resulting from erosion or siltation, or
modification of the point of discharge as the result of the construction of the
Temporary Private Facilities and maintenance and/or siltation removal
activities. The approval of plans for the Temporary Private Facilities and any
related improvements shall not constitute the assumption by City of any
responsibility for such damage or taking, nor shall City, by said approval, be
6
5-45
an insurer or surety for the construction of the temporary Private Facilities and
any related improvements. The provisions of this paragraph shall become
effective upon the execution of this Agreement and shall remain in full force
and effect regardless of the City's approval of the Temporary Private
Facilities. However, nothing in this paragraph shall apply to any liability or
claims arising from the active negiigence or willful misconduct of City or its
officers or employees.
8. Miscellaneous Provisions.
8.1. Entire Agreement. This Agreement, together with any other
written document referred to or contemplated herein, embody the
entire Agreement and understanding between the parties relating to
the subject matter hereof and any and al] other prior or
contemporaneous oral or written agreements are hereby
superseded. This Agreement may be amended, but only pursuant
to a written amendment properly authorized and executed by both
parties hereto.
8 ~. Compliance with Laws. In the performance of its obligations
under this Agreement, Company shall comply with any and all
applicable federal, state and local laws, regulations, policies,
permits and approvals.
83. Recitals and Exhibits. All Recitals and attached Exhibits referred
to herein are hereby incorporated hereunder.
8.4. Term. This Agreement shall remain in effect for so long as either
party has executory obligations hereunder.
8.5. Recordine. The parties hereto shall cause this Agreement to be
recorded in the Office of the County Recorder of San Diego
County. !
G;
8.6. Assi~ment. The obligations of the Company under this
Agreement shall not be assigned in whole or in part without the
express written consent of the City pursuant to Section 10.23 of
the Development Agreement. City's consent shall not be withheld
if the assignment and delegation is to a Merchant Builder (as
defined in the Development Agreement) by private agreement and
the Company remains obligated to the City. Pursuant to Section
102.4 of the Development Agreement, however, City shall exhaust
any accepted, substitute security before making any demand on
Company.
5-46
8.7. Authority of Simiatories. Each signatory and party hereto hereby
warrants and represents to the other party that it has legal authority
and capacity and direction from its principal to enter into this
Agreement, and that all resolutions and/or other actions have been
taken so as to enable it to enter into this Agreement.
8.8. Termination. Upon the termination of this Agreement pursuant to
applicable provisions hereof, at the request of Company or any
successor in interest who owns any portion of the Project
encumbered by this Agreement, the City will execute an
instrument in recordable form prepared by Company in a form
acceptable to the City Attorney which evidences the termination of
this Agreement and confii7ns the release of the Project or
applicable portion thereof from the encumbrance of this
Agreement.
8.9. Attomev's Fees. If either party commences litigation for the
judicial interpretation, reforrnation, enforcement or rescission
hereof, the prevailing party shall be entitled to a judgment against
the other for an amount equal to reasonable attorney's fees and
court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
8.10. Preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or his/her
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting of this Agreement.
8.1 1. Notices. Unless otherwise provided in this Agreement or by law,
any and all notices required or permitted by this Agreement or by
law to be served on or delivered to either party shall be in writing
and shall be deemed duly served, iritaivered, and received when
personally delivered to the party to whom it is directed, or in lieu
thereof, when three (3) business days have elapsed following
deposit in the U. S. Mail, certified or registered mail, return receipt
requested, first-class postage pre-paid, addressed to the address
indicated in this Agreement. A party may change such address for
the purpose of this paragraph by giving written notice of such
change to the other party.
CITY OF CHU~A VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Engineer
8
5-47
COMPANY:
SLF IV/McMillin Millenia 7V, LLC
P.O. Box 85104
San Diego, CA 82]86-5104
Attention: Todd Galarneau, Senior Vice President
With a copy to:
c/o The Stratford Company
5090 North 40°i Street, Suite 260
Phoenix, Arizona 85018
Attn: Diane W. Belcher
8.12. Counterparts. This Agreement may be executed in more than one
counterpart, each of which shall be deemed to be original but all of
which, when taken together shall constitute but one instrument.
8.13. Miscellaneous. The above-referenced Recitals are true and correct
and are incorporated into the body of this Agreement by this
reference. This Agreement supersedes and replaces in its entirety
that certain Storm Water Management Facilities Maintenance
Agreement with Grant of Access and Covenants (Otay Ranch
Eastern Urban Center (EUC]) by and between McMillin Otay
Ranch, LLC and the City.
End of page (next page is signature page)
5-48
EXHIBIT "C"
SEDIMENT BASIN OPERATION AND
MAINTENANCE PLAN
MILLENIA (EIJC) MASS GRADING
APRIL 2011
Prepared For:
SLF N / McMillin Millenia JV, LLC
P.O. Box 85104
San Diego, CA 92186-5104
Prepared By:
701 B SV801, 5W to 900
.'Pµ PR®JECT DESIGN CONSULTANTS ` San0i0Ba.CAB2101
619:235.6471 T01
Planning I Landscape Architecture I Engineeringi Survey 619.234.0349 Fan
Job No. 3366.00
SUE PFFCF F,c
i
hlc. C56148 R+
EXP. 52-31-12 * }'G `-~ "-
~',
rT crvl~ o~~~c Debby Reece, RCE56148
cnue Registration Expires 12/31(12
5-49
TABLE OF CONTENTS
1. INTRODUCTION AND DESCRIPTION ...........................................................................I
2. MAINTENANCE PROGRAM ...........................................................................................2
3. CONCLUSIONS ..................................................................................................................3
FIGURES
Figure 1: Project Vicinity Map ....................................................................................................... 1
APPENDICES
1. Mass Grading Plans
2. Operation and Maintenance Procedures & Checklists
5-50
1. INTRODUCTION AND DESCRIPTION
This Operations and Maintenance (O&M) manual was prepared as a maintenance guide for the
proposed temporary sediment basins built within the Millenia (EUC) project, in the City of
Chula Vista, California. The basins tvil] be graded as part of a mass grading operation (City of
Chula Vista drawing 10044) and will be located east of SR-125, south of Birch Road, aad west
of Eastlake Parkway. There will be four basins: the north basin, west basin, southeast basin and
southwest basin. The basins will collect runoff from the disturbed mass graded area and drain I
into existing underground storm drain systems {north and west basins), and hrto existing canyons
(southeast and southwest basins). Maintenance for a series of concrete ditches that will be used
to help direct nmoff to the basins is also included in this report. Refer to the Vicinity Map below
for the project area. The proposed basins are shown on Drawings 10044-5, -6, -7, and -7
respectively, copies of which are provided in Appendix 1 for reference.
`;JEETYJATER
RESERVOIR
~ UPPER OTAY N
12 RESERVROIR
\ll 1 /
y0 ^K 8~ T~ELRAPH L~{ X\ W
/^, W
O 805 t+PIL @RGI RJ ~
m ORg11CE qyE ROIX \ ~-
an ~ -H• SZ I C
1lgiN ST AR8 RD
(~ OTAY OFAY RvR
V
OTAY s MESA RO
-OS
~ndL~A R/t'ER
\\ _- UNI'iE0 STAB
~_ \~ = MEXICO
Figure I: Project Vic&Jitylbinp
QNecunnno and RninotDcWFLLncaf SeniiSsIIcmpoM wemet FiIn10n:]f1i AfidtAASTV-p\4fw1(3) Ea
PROJECT
1 SITE
5-51
2. MAINTENANCE PROGRAM
The following section describes the maintenance procedures for the sediment basin and ditch
maintenance. It is understood that maintenance will be required until the responsibility for
maintenance has been assumed by another owner of part or all of [he Property or the City
determines that the Temporary Private Facilities are no longer needed because they have been
superseded by new private or public facilities approved by the City Engineer. The designated
responsible party listed below shall be solely responsible for the maintenance and operation of
the sediment basins and any liability resrltting there from.
Designated Resuonsible Partv: SLF 1V / McMillin Millenia JV, LLC, ATTN: Todd Galarneau
htsoection Frequency: The basins should be inspected prior to a 40% or greater probability of
precipitation, at 24 hour intervals during extended rain events and after the conclusion of rain
events greater than 0.5-inches of rainfall or greater during normal business hours defined as
Monday through Friday from 7:00 a.m. to 3:30 p.m. At a minimum, basins should be inspected
at least rivice per year. The inspection checklist in Appendix 2 should be rued to document the
items inspected. The most important item to inspect is the out]et structure to ensure it is
tmobstructed.
Maintenance Activities: See below. Refer to maintenance checklists in Appendix 2 for
maintenance task descriptions.
Sediment Basins:
• Examine basin banks for seepage and stnwhual soundness
• Check outlet structures and spillways for arty damage or obstmetions. Repair damage
and remove obstructions as needed.
• Check inlet and outlet area for erosion and stabilize if required.
• Remove accumulated sediment in the bottom of the basin when sediment reaches one
half the designated sediment storage volume. The sediment should be managed properly
and placed to prechide erosion, or disposed of accordingly. Options inc]ude:
incorporating sediment into earthwork on the site (if grading operations are occurring and
only if there is no risk that sediment is contaminated); or off-site expoNdisposal at an
appropriate location (e.g., sediment characterization and disposal to an appropriate
landfill).
• If basin has not drained within 96 hours after accumulation, remove standing water.
C9DOeumen\+and S<nines.-chby\(.mal5cningATcmpemry fnmmn Fln`OLK]SS36°~yad51\-0\7-till (2).doe
5-52
• If the basin does not drain properly due to storms that are more frequent or larger than the
design storm or other unforeseen site conditions, dewatering should be conducted in
accordance with appropriate dewatering procedures and in accordance with local permits.
• Remove excessive emergent and perimeter vegetation as needed or as advised by local or
state vector control agencies.
• Inspect and maintain chain link fence as required to preclude entrance to the basins.
Concrete Ditches:
Remove silt, vegetation and debris from all ditches as necessary to maintain design
capacity of the ditches.
• Inspect outlet locations into the sediment basins to check for undem~ining and/or
headcutting. Repair and/or regrade as necessary.
3. CONCLUSIONS
Routine maintenance and inspections are important to ensure proper performance of the four
proposed sediment basins in the EUC. The Designated Responsible Party shall inspect the
proposed basins at a minimum of rivice per year, near the beghuung and end of the wet season
(generally circa September 1st and before May Ist of each year). Retention of records of
inspections and maintenance activities is required by the State Construction General Permit.
Inspection and maintenance checklists can be found in Appendix 2.
V-xuranu anJ Smin+t`DebbyV.xa1 Artine}~TCmpoory Imema Flee`ACK76V1G6~8A51NA\LGod (1)dw
5-53
APPENDIX 1
Mass Grading Plans
5-54
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.gg 'wuu~m<W bw.,.gwswM+a: w 4 M CPAUOiC PL1N •nm, 100rJ-7 P
1. ~"iJx'y`nrrw run - uLr< 7
APPENDIX 2
Operation and Maintenance Procedures & Checklists
5-58
Checklist fol• Routine Sediment Basin Maintenance:
-ORIGINAL - DIAKE COPIES. KEEP PAST RECORDS FOR REFERENCE -
Basile
Inspection Date: Time: Inspected By:
Item to Inspect & Tosk Description Conditimt Comments/Cwreetive Action
Trash and Debris Removal
-Inspect for presence of debris. ^ Satisfactory
-Inspect basin for presence of trash.
-Inspect basin outlets and pipes for ^ Needs Attention
clogging 3c remove any obstmetiorrs.
^ Not Inspected
Erosion Repnir
-Make sure there are no bare soil areas ^ Satisfactory
d
that have erode
-Inspect spilhvay and ripmp pad for ^ Needs Attention
resence of trash or
dama
e and for
g
p
signs of erosion.
^ Not Btspected
Standing Wnter ^ Satisfactory
-Inspect for mosquitoes,
-Determine if any areas of basin do not ^ Needs Attention
have positive drainage to outlet.
-Check for signs of standing water ^ Not Inspected
Sediment Management
-lnspect level of sediment ^ Satisfactory
accumulatimt in basin with a tope
measurer from the outlet. ^ Needs Attention
i
d
h
d
l
re
, sc
e
u
e
-IFinajor cleaning is requ
maintenance. ^ Not Fnspected
Concrete Ditch Maintanance ^ Satisfactory
b
i
f
r
rom
-Ctearr out sediment and de
s
ditches to maintain capacity. ^ Needs Attention
-Inspect outlets of ditches to sediment
basins. ^ Not Inspected
Additional Comments:
5-59
EXIIIBIT "D"
SECURITY REQUIREMENTS
Maintenance Obligations per Section 3 of this Agreement.
• Cash Deposit Cash deposit equivalent to two (2) years of
maintenance cost in the amount of
$35,100.00 to be submitted thirty (30) days
before the filing of the City of Chula Vista
Form 5512 for Approval of
Commencement of Work
• Maintenance Bond Bond for an eight-year-term in the amount
of $140,400.00 to be submitted thirty (30)
days before the filing of the City of Chula
Vista Form 5512 for Approval of
Commencement of Work
5-60
~"~TI= t
RESOLUTION NO.2011-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN ASSIGNMENT AND
ASSUMPTION AGREEMENT BY AND BETWEEN THE CITY
OF CHULA VISTA, MCMILLIN OTAY RANCH, LLC, AND
SLF IV/MCMILLIN MILLENIA JV, LLC AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, McMillin Otay Ranch, LLC and the City of Chula Vista executed an Interim
Desiltation and Maintenance Agreement for the Eastern Urban Center Interim Grading,
recorded on June 9, 2004 in the Office of the County Recorder of San Diego County as File
No. 2004-0538918 of Official Records (2004 Interim Desiltation and Maintenance
Agreement); and
WHEREAS, the 2004 Interim Desiltation and Maintenance Agreement was executed to
provide maintenance and to guarantee the operation and maintenance of certain temporary
drainage, desilting basins, and erosion sedimentation control facilities, as shown on Chula
Vista Drawing Nos. 03070-10, 03070-11, and 03070-13; and
WHEREAS, on February 22, 2011, SLF IV/McMillin Millenia JV, LLC (Millenia)
purchased the Eastern Urban Center from McMillin Otay Ranch, LLC, and now McMillin
Otay Ranch, LLC has requested that their cash deposit and bond be released by the City; and
WHEREAS, Millenia has also requested that an Assignment and Assumption Agreement
be entered into wherein said agreement assigns all related duties and obligations contained in
the 2004 Interim Desiltation and Maintenance Agreement from McMillin Otay Ranch, LLC
to Millenia and secures the subject agreement with Millenia's replacement cash deposit and
bond.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Assignment and Assumption Agreement between the City of
Chula Vista, McMillin Otay Ranch, LLC, and SLF IV/McMillin Millenia JV, LLC assigning
the obligations of the 2004 Interim Desiltation and Maintenance Agreement to Millenia.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by:
Gary Halbert, AICP, PE
Development Services Director
Approved as to Form by:
/~'GlenR. s
' I°l~City Attorney
5-61
SIGNATURE PAGE
INTERIM DESILTATION AND MAINTENANCE AGREEMENT FOR THE
MASS GRADING OF THE EASTERN URBAN CENTER (MILLENIA)
IN WITNESS WHEREOF, the parties have executed this Agreement to be
effective as of the day of , 2071 (the `'Effective Date").
COMPANY: CITY OF CHULA VISTA
SLF IV/McMillin Millenia JV, LLC
a Delaware Limited Liability Company
By: The Corky
a Delaware Lir
Its Manaeii~p
By:
By:
Attachments:
]tin Real Estate Group, LLC By:
lability Company
Cheryl Cox, Mayor
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
ATTEST:
By:
Donna Norris, City Clerk
/Notn~~` to attach acknaw(edgemen~ for each srgnatureJ
lCoipoi-ate Autltarit~~ reguiredfor eachst;,;nratoiy~
Exhibit A: Legal Description of the Property
Exhibit B: Condition No. 52 of Tentative Map from CCV Resolution No. 2009-225
Exhibit C: Inspection, Operation, and Maintenance Plan (IOMP) titled "Sediment
Basin Operation and Maintenance Plan -Millenia (EUC) Mass Grading"
dated April, 2011 and prepared by Project Design Consultants
Exhibit D: Security Requirements
1\E~~ineerlLA]'DDEV\ProjecrslEanem Crban Cemer\nAass-Gredincllmm~m Desl hlny ffi Ylaim Ayeememdoc
5-62
Its: ~(~
CALIFORNIA ALL PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On July 12, 2011, before me, Ann M. Futo, Notary Public, personally appeared Brian J. Milich and
Wade Hall, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in
his/ker/their authorized capacity (ies), and that by his/-heF/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
Signature ~~~ + ° ~ ' ~~~
This area for o(hcial notarial seal
5-63
Cammisslon~ rufO
Notary Publlc~ 1832730
San pia Callforn7a
Comm c._ go County
Notary Form 2011
EaI-IIBIT "A"
Legal Description ofProject Site
PARCEL A: (643-060-18-00)
P.0.RCEL 3 OF PARCEL MAP N0. 18481, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OP CALIFORNIA, FILED IN TEIE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 31, 2D00 AS INSTRUMENT N0.2000-
283684 OF OFFICIAL RECORDS.
EXCEPTING TEIEREFROM THE LAND DESCRIBED IN THAT CERTAIN
IRREVOCABLE OFFER OP DEDICATION OF FEE INTEREST RECORDED MAY ~?,
2003 AS INSTRUMENT N0.2003-0604602 AND ACCEPTED BY THAT CERTAIN
ACCEPTANCE OF IRREVOCABLE OPPER OF DEDICATION OF FEE INTEREST
RECORDED MAY 22, 30D3 AS INSTRUMENT N0.2003-0604603 AA'D CONVEYED TO
THE STATE OF CALIFORNIA BY GRANT DEED RECORDED MAY 23, 3003 A5
MSTRUMEM NO.2003-0604607 ALL OP OFFICIAL RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA.
PARCEL B: (APN: 643-060-24)
THAT PORTION OF LAND CONVEYED TO THE STATE OF CALII'ORNLA RECORDED
ON b1AY 32, 2003 AS INSTRUMENT N0.2003-0604607 LYING EASTERLY AND
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A 2" IRON PIPE WITH DISC STAMPED "R.C.E 22606" MARKING
THE NORTHEAST CORNER OF LOT 23 OF RANCHO OTAY, AS SHOWN ON RECORD
OF SURVEY NO. 16501, RECORDED MARCH 9TH, 2000, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SAID PIPE BEARING NORTH
715757" EAST 2640.4I FEET FROM A 3" IRON PII'E WITH DISC STAMPED "L.S. 5284"
MARKING TEIL• SOUTHWEST CORNER OP LOT 10 OF MAP NO. 14432, RECORDED
AUGUST 30TH, 3002, IN THE OFFICE OF SAID COUNTY RECORDER; TEffiNCE
ALONG THE NORTHERLY LINE OF SAID LOT ? i SOUTH 7157'57" WEST 22.30 FEET
TO THE TRUE POINT OF BEGINNING; TI3ENCENORTEI 6324'16" WEST 138:14 FEET
TO TEIE BEGINNII`1G OF A 550.03 FOOT RADNS CURVE CONCAVE
NORTHEASTERLY; TEIENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 3239'08" A DISTANCE OF 317.46 FEET TO THE BEGINNING OF
ANON-TANGENT 433. LS FOOT RADNS CURVE CONCAVE NORTHEASTERLY, A
RADIAL BEARING TO SAID POINT BEARS SOUTEI 4415'53" WEST; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0200'16" A DISTANCE OF 15.15 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 6045'28" WEST 30.31 FEET TO TEIE BEGINNING OF ANON-TANGENT 320.41
5-64
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARING TO SAID
POINT BEP.RS SOUTH 4632'51" WEST; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 0943'46" A DISTANCE OF 54.41 FEET TO
THE BEGINNING OF A 3606.39 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAII} CURVE THROUGH A
CENTRAL ANGLE OF 0230'08" A DISTANCE OF 157.51 FEET TO THE BEGINNING OF
A 1413.84 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0538'03" A DISTANCE OF 188.19 FEET TO THE BEGINNING OF A 6998.41 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCENORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0124'52" A DISTANCE OF
172.745 FGET TO TI-IEBEGINNING OF ANON-TANGENT 3624.21 FOOT RADIUS
CURVE CONCAV E NORTHEASTERLY, A RADIAL LINE TO SAID BEGINNING
BEARS SOUTH 652701" WEST; THENCENORTAWD•STERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 0314'26" A DISTANCE OF 204.98 FEET; THENCE
NORTH 2118'33" WL•ST 204.19 FEET; THENCE NORTFI 1729'08" WEST 83.50 FEET TO
THE BEGINNING OF A 1407.94 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP
0837'48" A DISTANCE OF 212.07 FEET; THENCE NORTH 0837'59" WEST 232.59 FEET
TO THE POINT OF TERIvIINUS; THENCE NORTH 0911'35" WEST 169.93 FEET;
THENCE-NORTH 0822'34" WEST 5634 PEET; THENCE NORTH 0910'03" WEST 77.41
PEET TO THE BEGINNII`1G OP A 13736 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE TFIROUGI-I A CENTRAL
ANGLE OF 133235" A DISTANCE OP 32.44 FEL-T; THENCE NORTH 0422'33" EAST
131.SD FEET TO TFI$ BEGINNING OF A 284.84 FOOT RADICIS CURVE CONCAVE
WESTL-RS.Y; THENCEI~tORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 1416'08" A DISTANCE OF 70.93 FEET TO THE BEGINNING OF A 121.SS
FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CL-NTRAL ANGLE OF 190D'S9" A DISTANCE OF
40.45 PEET; THENCE NORTH 090723" EAST 160.D3 FEET TO THE BEGINNING OP A
91154 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1439'39" A DISTANCE OF ?3335'FEET TO THE BEGINNING OF A 215533 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCENORTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 0435'30" A DISTANCE OP 172.73
PEET; THENCE NORTH 2822'31° EAST 120.32 FEET; THENCE NORTH 2632'31" EAST
169.27 FEET TO THE BEGINNING OP A 593.50 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 3333'34" A DISTANCE OF 347.62 FEET TO THE BEGINNING OF A 1262.42
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID
CURVL• THROUGH A CENTRAL ANGEL- OF 0709'41" A DISTANCE OF 157.79 FEET
TO THE DEGINNING OF A 36.88 FOOT RADIUS REVERSE CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 9039'38" A DISTANCE OF 58.35 FEET; THENCE NON-
5-65
TANGENT TO SAID CURVE NORTH 0818'56" WEST 45.88 FEET; THENCE ALONG A
RADIAL BEARINGNORTH 081D'13" WEST 65.00 FEET TO A POINT ON A 3700.D0
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT BEING ON THE
SOUTHERLY LINE OF LAND DESCRIBED AS PARCEL 32019-I CONVEYED TO THE
STATE OF CALIFORNIA RECORDED ON MAY 22, 2003 AS INSTRUMENT N0.2003-
0604607: THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID STATE LAND
THROUGH A CL-NTRAL ANGLE OF 0348'57" A DISTANCE OF ?46.4? FEET TO THE
SOUTHERLY TERNfINUS OF THAT CERTAIN COURSE IN SAID STATE LAND
BEARING NORTH 0431'16" WEST 95.92 FEET.
THE ABOVE DESCRIBED LAND WAS CONVEYED TO MCMILLIN OTAY RANCH,
LLC, A DELAWARE LIMITED LIABILITY COMPANY IN GRANT DEED RECORDED
AUGUST 6, 2010 AS INSTRUMENT N0.2010-D403982 OF OFFICIAL RECORDS.
PARCEL C: (APN: 643-OGO-23)
TF-IAT PORTION OF LAND CONVEYED TO TIIE STATE OF CALIFORNIA RECORDED
ON MAY??, 2003 AS INSTRUMENTN0.20D3-06046D7 LYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMAdENCING AT A 2" IRON PIPE WITH DISC STAMPED "R.C.E 22606" MARKING
THE NORTFIEAST CORNER OF LOT 23 OF RANCHO OTAY, AS SHO\VN ON RECORD
OP SURVEY' ND. 16504, RECORDED MARCH 9TII, 2000, IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SAID PIPE BEARING NORTH
7157'57" EAST 2640.41 FEET FROM A 3" IRON PIPE \VITII DISC STAMPED "L.S. 5284"
A4ARICING THE SOUTHWEST CORNER DF LOT 10 OP MAP NO. 14432, RECORDED
AUGUST 30TH, 2D02, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE NORTHL-RLY LINE OF SAID LOT 23 SOUTH 7157'57" WEST 22.30 FEET;
THENCE NORTH 6324'] G" WEST 138:24 FEET TO THE BEGINNIDG OF A 550.03 FOOT
RADIUS CURVE CONCAVE-,NORTHEASTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2239'08" A DISTANCE OF
217.46 FEET TO THE BEGINNING OF A 1dON-TANGENT 433.15 FODT RADIUS
CURVE CONCAV E NORTHEASTERLY, A RADIAAL BEARING TO SAID POINT BEARS
SOUTH 44i5'S3" WEST; THENCENORTHVdESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 0300'16" A DISTANCE OP 15.15 FL-ET; T[IENCE
NON-TANGENT TO SAID CURVENORTH 6045'28" WEST 30.31 FL-ETTO THE
BEGINNING OF ANON-TANGENT 320.41 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL BEARING TO SAID POIlVT BEARS SOUTH 4622'51"
WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 0943'46" A DISTANCE OF 54.41 FEET TO THE DEGIlJNING OF A 3606.39
FOOT RADIUS CURVE CONCAVENORTHEASTERLY; THENCE NORTH\VASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0?30'06" A DISTANCE DF
157.51 FELT TO THE BEGINNING OF A 1913.84 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE- NORTHWESTERLY' ALONG SAID CURVE THROUGII A
5-66
CENTRAL ANGLE OF 0538'03" A DISTANCE OF 188.19 FEET TO THE BEGINNING OF
A 6998.01 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0124'52" A DISTANCE OF 172.745 FEET TO THE BEGINI~TING OF A NON-TANGENT
3624.21 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH 6527'Dl" WEST; THENCENORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF D314'26" A DISTANCE OF
2D4.98 FEET; THENCE NORTH 2118'33" WEST 204.19 FEET; THENCE NORTH 1729'08"
WEST.83.50 FEET TO THE BEGINNING OF A 14D7.94 FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCENORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 083T46" A DISTANCE OF 212.07 PEEP; THENCE NORTH
OS37'S9" WEST 332.59 FELT; TFIL•NCE NORTH 0911'35" WEST 169.93 FEET; THENCE
NORTH 0822'34" WEST 56?4 FEET; THENCE NORTH 0910'03" WEST 77.41 FEET TO
THE BEGINNING DF A 137.25 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL FuNGLE OF
1332'35" A DISTANCE OF 32.44 FEET; THENCE NORTH 0422'32" EAST 131.80 FEET
TO?IiE BL-GINNING OF A 384.8? FOOT RADIUS CURVE CONCAVE WESTERLY;
TI-~NCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1416'DS" A DISTANCE OP 70.93 FEET TO THE BEGINNING OP A 1?1.68 FOOT
RADIUS REVERSE CURVE CONCAVE EASTERLY; TIILNCENORTHLRLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 190D'S9" A DISTANCE OF 40.45
PEST; THENCE NORTFI 090723" EAST 160.03 FEET TO THE BEGINNING OF A 911.54
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCENORTI~ASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1439'39" A DISTANCE OF
333?5 FEET TO THE- BEGINNING OF A 2155.33 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CL•NTRAL ANGLE OF 043530" A DISTANCE OF 172.73 FEET; THENCE NORTH
28~?31" EAST 120.32 FEET; THENCENORTH 2633'21" EAST t69?7 PEETTO THE
TRUE- POINT OP BEGCNNRVG, SAID POINT BEING THE BEGINNING OP A 59350
FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 3333'34" A DISTANCE OF 347.62 FEET
TO THE BEGINNING OP A 1262.42 FOOT RADIUS CURVE CONCAVE 1ESTERLY;
THENCE NORTIERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0709'41" A DISTANCE OF li7.79 FEET TO THE BEGINNING OF A 36.88 FOOT
RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
9039'38" A DISTANCE OF 58.35 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 0818'56" WEST 45.85 FEET; THENCE ALONG A RADIAL BEARING NORTH
0810'13" WEST 65.00 FEET TO A POINT ON A 3700.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, SAID POINT BEING THE POINT OF TERMINi3S AND
BEING ON THE SOUTHERLY LINE OF LAND DESCRIBED AS PARCEL 3?019-1
CONVEYED TO THE STATE OF CALIFORNIA RECORDED ON MAY 22, 2003 AS
INSTRUMENT N0.2003-060460.7; THENCE NORTHEASTERLY ALONG SAID CURVE
AND SAID STATE LAND THROUGH A CENTi2AL ANGLE OF 0348'5?" A DISTANCE
5-67
OF 246.42 FEET TO THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN
SAID STATE LAND BEARING NORTH 0421'16" WEST 95.92 FEET.
THE ABOVE DESCRIBED LAND WAS CONVEYED TO MCMILLIN OTAY RANCI-I,
LLC, A DELAWARE LIMITED LIAHII.ITY COMPANY IN GRANT DEED RECORDED
AUGUST 6, 2010 AS INSTRUMENT N0.2010-0403982 OF OFFICIAL RECORDS.
5-68
EXHIBIT "B"
Resolution No.2009-225
Page 19
GR4DIIVC AA'D DAAL'IAGE
52. Prior to approval of each grading petaait for Lhe project, Applicant shalt:
Prepare a maintenance program of all the proposed drainage and water quality
treatment facilities, the channel or basin, iacivd'mg but nor limited to naturalized
channels dovm stream of ehe project, wetlands restoration areas, detention basins,
and water quality treatment facilities. The maintenance progam shall include,
but not be limited to: a) a manual describing the operation and maintenance of the
draiazge and water quality treatment facilities; b) an estimate of the wst of such
operation and mai¢trnance activities; and c) a funding mechanism and schedule
for financing the maintenance program. Said maintenance prograrn shall be
subject to approval by the City Engineer. The Applicant shall be responsible for
obtaining all required approvals of the maintenance program from all applicable
federal and state agencies.
b. Demonstrate compliance witn Section 1803 of the California Building Code
(CBC).
c. Enter into an agreement with the City of Chula Vista, wherein Applicant agrees
to:
i) Provide far the maintenance of all proposed drainage and water quality
treatment facilities attributable to the 'project, a-rd provide security,
satisfactory to the Ciry Engineer, guazanteeinE the performance of the
aforemeniio¢ed- maintenance and siltation removal obligations. This
oblipadon may be transferred to another property owner if approved by
the Ciry. Treatment Facilities including but not limited to naturalized
drainage channels, wetlands restotatio¢ areas as allowed by the resource
agearies, detention basins, and water quality reatmnnt facilities shall be
maintained by the Applicant until occurrence of the latter of the following:
(a) maintenance of such facilities is assumed by the City, open space
district of Maste: Homeowver's Association, or, (b) the City determines
all erosion protection plantings arc adequately established.
ii) °-ri;'.~-~- `er~-;~-rea~.° -'`-" ~e .,~'~"-`- "e-ts-t':ae-azraject;-{{anr-a{I
~__p_ - u~e~v '
`^ _,
~~n,~'2'a-z'd--~r"YC.=IcEz~aTF=E`-2ha~E _. _''_ _-_ _ __ 'r21f,
__ ..a . ...~ -.__ _. _
15-61
n..... rn ..von
5-69
Resolution No. 2009-235
Page 20
iii) Provide for the removal of any siltation resulting from all proposed
drainage and wazer quality treatment facilities, including but not limited to
the naturalized drainage channel, wedands restoration areas as allowed by
the resource agencies, detention basins, and water quality treatment
facilities, attributable to the Project, foi a minimum period of Hve years
afrer maintenance of such facility is accepted by :be City or an appropriate
Maintenance District
iv) Applicant shall provide security, satisfactory to the Ciry Engineer,
guztanteeing the performance of the aforementioned maintenance end
siltation removal obligations.
i3. Prior to installation of base paving and placement of curb and gutter form work related to
approved cotutruction plans the Applicant shall demonstrate, to the City Engineers
satisfaction, thzt high]y expansive fill soils (with an expansion index aver 90) ue not
vvirlrin the upper five feet of any public right of way or public easement. Applicant shall
selectively grade fill soils with an expansion index above 90 within the upper five feet of
nay public right of way or propose an alternate method to mitigate expansive sails. Said
altem¢te method shall be subject [o the approval of the City Engineer prior m placement
of curb and gutter, sidewalk or aggregate base. Additionally, nay formations! materials
within three feet of soft gmde shall be tested for expansion, and replaced with soil, which
has an expansion index of less than 90.
SEWER
54. Prior to approval of the first final °B" Map, the Applicant shall enter into an agreement
with the City to contribute its fair share and sball threafrer participate according todte
terms of such a6Reement in any necessary funding for implementing a Poggi Canyon
sewer trunk-monitoring program, as determined by the City Engineer. The sewer trunk
monitoring program shall include an analysis of the remaining capacity of the Poggi
Canyott/Date-Faivre sewer system. The analysis shall demonstrnte to the satisfaction of
the City Engineer that suf5cient capacity exists for the number of EDUs contained in all
Final Maps for the Projcet submitted to the City pursuant to the litniu set forth in the
PFFP. The analysis shall include all flows from relating to the Project, including pumped
flows, entering the Poggi Canyon Trunk Sewer, not just from Eastern Urban Center, or
from within the Poggi Canyon gravity basin
55. Prior to approv¢I of each final map, the Applicant shall enter into an agreement with the
Ciry whereby the Applicant agrees end acknowledges that all development within the
Eastern Urban Center shall be consistent with the "Eastern Urban Cenrer Technical
Sewer Study", prepared by PBS&J (fanuary 2006). Furthermore the Applicant shall
a, ee that prior to design review approval and in accordance with the Intensity Transfer
provisions in the EUC SPA, the Applicant .shall provide an updated Technical Sewer
Study with each proposed project requesting an intensity transfer. The Teeftiticel Sewer
Study shall demonstrate to the satisfaction of the City Engineer that adequate capacity
exists in the wastewater infra-trvcture to support the transfer.
15-fit
5-70