Loading...
HomeMy WebLinkAbout2012/12/11 Item 15~~ ,~;x CITY COUNCIL '~ , ~~ ~ AGENDA STATEMENT ~ ~ ~ CITY OF '~"' CHULA VISTA DECEMBER 1 1, 2012, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE INTERIM DESILTATiON AND MAINTENANCE ~• AGREEMENT WITH SLF IV/MCMILLIN MILLEN[A JV, LLC, FOR THE EASTERN URBAN CENTER (MILLENIA) _~ AND AUTHORIZING THE MAYOR TO EXECUTIr SAID AGREEMENT. SUBMITTED BY: ASSISTANT CITY MANAGE>~/ DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER • ASSISTANT CITY ANAGER ~~ 4/STNS VOTE: -YES ~ NO SUMMARY _ The Interim Desiltation and Maintenance Agreement with SLF IV/McMillin Millenia JV, .LLC for the Mass-Grading of the Eastern Urban Center (Millenia) was approved by City Council on September 13, 2011 with Council Resolution 2011_-168. This amendment to the agreement is necessary to identify new and redesigned developer maintained features associated with the grading of the first phase. of the project. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the ~Catifomia Environmental Quality Act (CEQA) and has determined that the proposed project is adequately covered in pervious certified Final Second Tier Environmental Impact Report (EIR 07-0,1) for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan. Thus, no further environmental review or documentation is required. RECOMMENDATION That Council adopt resolution. 15-1 DECEMBER 11, 2012, Item Page 2 of 3 DISCUSSION The Millenia Project, known as the Eastern Urban Center, or ("EUC"), consists of approximately 207 acres of land located south of Birch Road and the Otay Ranch Town Center, just east of State Route 125 (see Attachment 1). A development condition for the EUC (CV Tract No. PCS-09-03) requires the Developer (SLF IV/McMillin Millenia JV, LLC) to enter into an agreement with the City to provide for the maintenance of all proposed drainage and water quality treatment facilities. The mass-grading permit was issued'in January of 2011 and the developer entered into an agreement to maintain those facilities'shown on grading plan (Drawing # 10-044). This. agreement was recorded in the San Diego County Recorder's Office on November 2, 2011, as Official Record Number 2011-0582265 (Attachment 2). At the beginning of year 201'2, the Developer started the design process for a construction change to the Grading Plans toreflect more detail for the area assaciated with the first phase of work. The first phase of work for the site consists ofrough-grading Lots 2, 3, 4, Pl, I1, 12, 20, 21, 27, P4, and a portion of Lot 1 of the EUC (see Attachment 3). The amended agreement (Attachment 4) calls for the developer to maintain the redesigned temporary drainage and water quality treatment facilities to accommodate the proposed first phase of rough grading and to post certain securities to ensure performance. DECISION MAKER CONFLICT Staff has reviewed the property holdings of City Council and has found no property - holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by City Council member, of any other fact that may constitute a basis for a decision maker coriflict of interest iri this matter. 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 project will be borne by the Developer. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS Attachment 1 i Location Plat Attachment 2: Interim Desiltation and Maintenance Agreement for the Mass Grading of the Eastern Urban Center (Millenia), recorded in the San Diego County Recorder's Office as Official Record Number 201 1-0582265 Attachment 3: Figure showing the first phase of the Millenia Development Attachment 4: First Amendment to the Interim Desiltation and Maintenance Agreement for.the Mass Grading of the Eastern Urban Center (Millenia) 15-2 DECEMBER 11, 2012, Item f ,5 _ Page.3 of 3 PYepared•by: SandraHernandez, Associate Engineer, Development Services Department' SAVED IN: H: IPLANNLNGIAgenda's and Resos -most up to date version12 012 11 2-11IAmenrlment to Agreement forMillenia_EUCIIstAmendlnterimDesiltMaint AGENDA.doc. ~~ 15-3 w z ~ w U O ~ w A W E,, a a ~ o ~ ~, Fv ~ ~ w~ o~ c~ a o z w ~ ~ l ~. z n U LLl C n O N t4'T~`A~HIV~EN~' 2 RECORDED REQUEST Of First American Titte SVBDIVISIOK ASAPPING DEPT. \\~yEN RECORDED RETURN TO: CITY OFCHULA VtSTA OFFICE OF THE CITY CLERK Z7P 37b FOURTH AVENUE CHULA VISTA. CA 9i 910 Z~(1 ~~~~ ~ ~ ~ ~ ~~7 ~ -~~~~~~ I lfllllil III III VIII VIII III{I VIII II II III I I Ill VIII VIII IIII III hlOV d2, X011 8:dd AM OFFICIAL RELOADS - SAM DIEGp COUNTY RECORDER'S OFFICE Ernest J. Dlonen6mg. Jr., COUNTY RECORDER. FEES: 95.00 ~~.~ES:. z7 ~.~ ~~ Above Space for Recorder's Use CCV File No. PG-799 INTERIM DESILTATION AN- 1\LAINTENANCE AGREEMENT FOR THE MASS GRADING OF THE EASTERN URBAN CENTER (.MILLENIA) This Interim Desiltation and Maintenance Agieement ("Agreement") is made by and between SLF IV/McMillin Millenia JV, LLC (referred to herein as "Company"), and the City of Chula Vista. a California municipal corporation ("City"}, with reference to the fOIIOwInE faCF57 RECITALS Company owns approximately 207 zeres of land knovrn 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 [he ititure extension of Hunte Parkway, adjacent to and east of State Route 135.(SR-135), and west oft Eastlake Park ray. The property which is-the subject matter of this agreement is more panicularly described in Exhibit A, attached hereto and incorporated herein 6y this reference (hereinafter refe>red to as the'`Property°}. On September t 5, 2009, the City approved a Tentative Subdivision Map for the Project. Chula Visia Tract 09-03 (hereinafter referred to as the. "Tentative Map"}. 6v Resolution Number 2009-235. Condition .number 52 of the Tentative Map. as more particularly set fonh on Exhibit B, requires, that prior to approvat of each grading permit for the Project. the applicant shall: (a) Prepare a maintenance program of all the proposed drainage and water quality treaunent facilities. the channel or basin. inctudme but not liriiited 1o naturalized channels down stream et~the Project. ucdands restoration areas- detention basins. and grater quality .treaunent facilities: 15-5 ~? -ZU ((` «7 65.56 (b) Demonstrate compliance with Section IS03 of the Califmitia building code (C[3Cj; and (c) Enter into an ageement with the City wherein the applicant agrees to provide for dte 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 oti•ner if"approved by the City. " " - 4 The City Engineer has determined that certain temporary drainage, desihino basins, and erosionaedimentation comrol facilities; as shown on the Mass Gradine Plans for the Project, Chula Vista Drav:ing Numbei10044 are adequate asbf the date ofthis Agreement to temporarily service the mass-grading proposed for the Propert}'. NOW THEREFORE, inconsideration of the mutual co~~enants contained herein, the parties agree as folibt+~s: 1. Defined Terms. The follota-ing defined terms shall have the meaning set forth herein. unless othenaise specifically indicated. 1.1. "Temporary Private Facilities" shall mean the temporary private drainage, dgsi(ting basins. and erosion/sedimentation control facilities proposed for construction within the Project, as shoum on Chula Vista Drawing No. 10044 as approved by the City En~_ineer. 1.3. "Complete Construction" shall mean that construction oi' the.. Temporary Privatz Facilities has been completed to the satisfaction of the City Engineer. e 1,3. "Maintain' or 'Maintenance` shall mean [o furnislt, or the furnishing of. services and materials for the ordinary and usual maintenance required for the operation of the Temporary Private Facilities as set fotth in the lOh9P. - Ld. ~ "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 lOMP 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. 7? of the Tentative Map. Company agrees to the following; " 15-6 655 7 2.1. Construction. Company. agrees to construct Temporary Private Facilities, as shop+m an Chula Vista Drawinc No. 10U4<#. These facilities may be phased in accordance with a phased eradina plan as approved by the City Engineer. The Temporary Private.. Facilities shall comply with all the provisions of the National Pollutant Discharrne Elimination System and the Clean l~'ater Program. Company understands and aerees tliat Company is responsible for obtaining all necessary permits, approvals. and certifications, if any, from applicable federal or state agencies, including but not Eimifed to Caltrans, the California Department of Fish and Game and/or the US Army Corps of Engineers. Citj' shall cooperate with Company as necessary to obtain all such - permits, approvals and certifications. Z 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 ihat 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 am' w'ay' whatsoever, that adequate securities, consistent with ibis Agceement, are put in place as a condition of the transfer of responsibilit}' to another owner. Immediately upon the occuaence of any of the aforementioned events, Company's maintenance obligations shall tenninaie and Cin' shall release and return to Company any and ail securit}• provided pursuant to this Aereement after adequate securities are put in place as a condition of the transfer of responsibility to another o~+'ner. 23. Fulfillment of Condition No. i2. Condition No. ~2 shall be considered full}' satisfied when the City Engineer makes the determination. that Ehe last grading permit for thz Project has been issued: otherwise. the requirements of Condition lVo. 5? shall be ` enforced for each grading permit far the Project: 2.4.. Securities. Company shall provide the City with maintenance securities. in accordance with paragraph 3 belotr. to guarantee Company-maintenance oblieations bereft.. 3. Securit}~ for Performance. 3.1. Cash Deuosi[. At least thi[1y (30} daysbzfore the filing of t{te City of Chula Vista Form »12 for Approval to Commence Wark. Company shall provide the City..with a cash deposit ("Cash 3 15-7 6558 Deposit',} to guarantee Company's maintenance obligations pursuant to Section 22 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 eroding. City stroll 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 correc[ 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 whhin 30 days of the City's written request. Any unexpended amount of the Cash Deposit. including am• interest tamed, shalt be released and remitted to Company upon the termination of its maintenance obligations as set fonh 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 Citv Enemeer. 3?. Maintenance Bonds. Company also as ees to the follotvine: (a) Bonds. At least thirty (30) days before the filing of the City of Chula Vista Form Shc~ for Approval to Commence Mork, Company shill provide the City with a bond for an initial term of eight (8) years ("f.4aintenance Bond"). in order;o guarantee i[s maintenance obligations under Section 2?~of this Agreement in the amounts more fully set forth in Exhibit D. The.Maintenance Bond shall be issued by a surety and shall be in a fotn 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 Sond or equivalent security (apse or expire for as lone as Company has maintenance obligations pursuant to this Agreement. {b) Use of Maintenance Bond. Company acknot~~ledges and agrees that if the Company fails to fulfill its maintenance obligations as set forth herein. the sum provided by said bond niay 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 al} actions necessar}~. in order to obtain the funds necessary for the purpose of fulfilling such obligations. Company agrees to pay to [he Citp any difference between the total cost incurred to perform the »ark. 15-8 6559 including but not. limited to reasonable design and administration of maintenance in substantial conformance n-ith the IOMP (including a reasonable allocation of overhead). and any proceeds from the Maintenance Bond. (cJ Com~am'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. boazd or ofticer 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 sha[I no[ issue any ' Brant of approval to commence work on the Property, if the Maintenance $ond has not been delivered and approved by the City as conforming [o the requiremems ofthis Agreement. ' 3.4. Company 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 $ond 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 rzquest to reduce, proponionatety. the amount of the Maintenance Bond or equivalent securip~ required by this Section. City shall not unreasonably witl3hold approval of such rzquest provided ho~a~ever Thai Company's obligations are .adequately secured as determined by the City Engineer in his/her sole discretion, 3.6. h7unicipaLCode Requirements. Company understands and agrees " _ that Comnatty shall be subject to all the provisions of the Ordinances, Standards, and Policies of the City of Chula Vista (including Section I4:?0310 of the Municipal Code), the laws of the State of Caiifomia. and federat law as applicable to said work as ail may be amended from time to time. d. Future Approvals. Company acknowledges and agrees that the performance of Company's obligations herein is required for the stealth and safety of the residents of the City. Therefore, the Company agrees that the City shall hate the absolute and unfettered ri<~ht to ~i•ithhold dre issuance of am grant of _ ~ approval fnr the Prupenp. if the Company is determined by the City not w be in compliance with the terms ofthis Agreement. If Compan}~ is determined ' ~ by the City not to be in compliance syith any term ofthis Agreement. the Cit. S 15-9 s~so shall notify Company of Comparrv's non-compliance and provide the Company with shiny {30j days to cure said non-compliance. The Company r ~ shall not be in non-compliance if upon notification of non-compliance, Company starts immediateh~ 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 reasonab(etime-frame. - 5. .Agreement Binding upon Successors. This Agreement shall be binding -. upon and inure to the benefit of the successors and assi_ns of the Company as to any or all of the Property until released by the City or terminated in accordance with the terms hereof. However, City agrees to release individual properties from the obligations of this Agreement upon completion of permanent facilkies 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. i or 2? of the Agreement 6. Agreement Running with the Land and in Savor of City. The burden of the covenants cortained in this Agreement is for the benefit of the Ciq~, 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 Cicy shall have the right, but not the obligation. to exercise ati rights and remedies and to maintain any action or suits at law or in equip 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. IndemniSitation- 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 propeny occasioned by reason of the acts or omissions of Compam•, 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 ofscers 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 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 shat! not be deemed to limit the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent ar downstream properties as a result of Compam's canstruction and maintenance activities as piavided herein. It shall' also extend to damages resulting from uosion or siltation, or modification of the point of discharoe as the result of the construction oflhe I-emporary Private Faci]ities and maintenance andlor siltatian removal activitfes- The spproval of plan's for the Temporary Private Facilities and any related improvements shall not constinrte the assumption by City of any responsibiRt}• for =_uch damage or tafiing, nor shall City. by said approval, be 15-10 ~~~Z an insurer or surety for the construction of the temporary Private Facilities and any related hnprovements. 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 Cin~'s approval of the Temporary Private Facilities. Hoy+•cver, nothing in this paragraph shall appl}• to any liability or claims arising from the active negligence or willful misconduct of City or its ofticets or emplo}gees. S. Miscellaneous Provisions. ' 8.1. Entire Agreement. This Agreement. together with any other written document referred to or contemplated herein, embody the entire Ac eemem and understanding between the parties relating to the subject matter hereof and any and -all other prior or contemporaneous oral or written agreemenu are hereby superseded. This Agreement may be amended, but only pursuant to a written amendment properly authorized and executed by both panies hereto. &?. Compliance with Laws. In the performance of its obligations under this Agreement. Company'shall comply with any and atl applicable federate state and local laws. reeulations, policies, permits and approvals. / 8.3. Recitals and Exhibits. All Recitals and attached Exhibits referred to herein are hereb} incorporated hereunder &.4. Tenn. This Agreement shalt remain in efl'ect for so long as either pang has executooy obligations hereunder. 5.5. Recordinc. The panies hereto shall cause this Agreement to be racorded in the Office of the County Recorder of San Diego • Coumy. &.6. Assignment. The obligations of the Compam• under this Agreement shall not be asst<<=ned in ~ehole or in part without the express written consent of the City pursuant to Section 10?3 of the Developmen[ Agreement. City's consent steal! not be ~3 ithheld if the assignment and delegation is to a Merchant Builder (as defined in the Development Agreemcnt) by private agreement and '. the Company remains obligated to the City. Purauara to Section 10?.4 of the Development Agreement, however. City shall exhaust any accepted. substitute security before making an7 demand on Coinpanc. 7 15-11 s~sz 8.7. Authority of S'tenatories. Each si,natory aad patty hereto hereby reactants and represents to the other party that it has le,al authority " and capacity and direction from. its principal to enter into this ,~creement, and that al( resolutions andlor other actions have been taken so as to enable it to enter'snto this Agreement. 5.8. Termination. Upon the termination of this Aereement pursuant to applicable provisions hereof, at the request of Company or any successor in interzst 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 Atiomey which evidences the tertrtination of this Agreement and confirms 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 inte€pretation, reforn;azion, enforcement or rescission hereof, the prevailing parry shall be entitled to a judgment against the other for an amount equal to reasonable attome}'s fees and court costs incurred. The "prevailing party" shall be deemed to a the party who is awarded substantially the relief sought. ' 8.1-0. Preoaration of Aereement. No inference. assumption or presumption shall be drawn from the fact tfiat a party or his/tier attorney prepared and!or drafted this Aereement. lx shall be conclusively presumed that both parties panicipated equally in the preparation and/or dratiin~~ of this Aereement, 8.1 L Notices. Unless otherwise prnvided in this Aereement or by law. any and all notices required or permitted by this Agreement or by Saw to be served on or delivered to either party shall be in .+•riting and shall be deemed dult~ serJed, delivered, and received when • personally delivered to the pany~to whom it is directed, or in lieu thereof, when three (3} business days have elapsed following deposit in the U. S. Maih certified or registered mail, return receipt requested. first-class postage pre-paid, addressed to the address - indicated in this Agreement. A pang may chance such address for ' the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA ?76 Founh.4venue Chula Vista- CA 91910 At[enzion: City Engineer ~ _ 8 15-12 X563 CQMPANY: SLF'IV/R1cMillin Millenia 1V. LLC P.O. Boz 85104 San Diego. CA 82186-5304 Attention: Todd Galameau, Senior Vice President N'ith a copy. to: c/o The Stratford Company 5090 Nonh 40'" Street, Suite 260 Phoenix. Arizona 85018 Attn: Diane W_Belcher 8.I2. 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 wns[i[ute but one instrument. 8.13. R4iscelEaneous, 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 i[s entirety that certain Storm Water Mana¢ement Facilities Maintenance Agreement with Grant of Access and Covenants (Otay Ranch Eastern Urban Center [EUC]) 6y and ben+een A4cMillin Otay Ranch. LLC and the City. End of page (next pace is signature pace) 9 t5-13 6564 SIGNATURE PAGE 1NTERIA4 DESTLTAT30N AND MAINTENANCE AGREEMENT FOR THE MASS GRADING OF THE EASTERN URBAN CENTER (RI3LLENI.A) IN WITNESS WHEREOF, ~he~;,p~an~<t~es~{have executed this Agreement to be effective as of the ~ t_~_ day of- ~~-~~ ''~_. 20 i 1 (the''Effective Date"'j. COMPANY: CITY OF CHULA VISTA SLF IVlMcMillin MilEenia JV, LLC a Delaware Limited Liability Company B}': The Cor{:y McMillin Real Estate Group; LLC By: a Delaware Li~nitp~iab~y Company Chet; i Cox, ay its Managing q!! e~ By: y l/ ~ , ---b APPROVED AS TO FO 4:. . / lts: ............._ ~ By: G g~~. Bl2 en ~~ Attorney Its: '~"/ ATTEST: BV': QCnn-,~kty C12~ /.Yntnr,-r ro nnnc/r ncdrran /ed enreirr Jar-nnch ar~nnrurc'J (Corporn~e .drrtbovi~r r-eyzdredfnr aac/r s~gnn/on j .. . Attachments: Exhibit .A: Leeai Description tifthe Property Exhibit 8: Condition h'o. 5Z of Tentative Map from CCV Resolution ?Io. 2009-325 Exhibit C: inspection. Operation, and Maintenance Plan {(OMP) titled "Sediment Basin Operation and Maintenance Plan -MilEenia (EUC) Mass Grading" dated Aprii, 2011 and prepared by Project Design Consultants Exhibit D: Szcurity Requirements r r:.., .~n.nsrn>r~~~p,.,. ,, ev,.~m c.;.,., c=,~„>r.:,>.c.,a~„__ m,n,,, ia.,,:,,, e ~i~~~,: n.:~,,,,rn: s„_ 15-14 CALIF~RIVIA ALL PI7RP®SE ~ ~ 6 ~ CER~'IFIC'A'I'E ®I+' A~I£NC}WLEI3GNIEI~T'I' STATE OF CALIFORNIA COUNTY OF SANbIEGO On July 12..2011. before me, Ann M. Futo. Notary Public, personally agpeared Brian J. Milich and Wade Hall, who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) islare subscribed to the within instrument and aelrnawledged to me that lxlsheJthey executed the same in lti~ter/their authorized capacity (ies), and that by `=tis~terltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing pazagraph is true and coirect. VTITNESS my hand and official seat. Signature ilils a-va for oMtial nobial soal ~ ANN M FUiO d Cammissfon ~ 1832730 ._m Notary Pdbitc • Calliomta z = San lliego County. M Comm. Expires Jan 23, 20t3 r Nctary EOfRl 2ett ~ ~_~ ssss EXFIISIT "A„ Lege] Deseripfion of Project Site PARCEL A: (643-066-7 8-001 P 4RCEL 3 OF P.aRCEL MAP NO.7 6487 IN THE C1TY OF CHLIT,A VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FEED IN THE OFFICE OF THE COUNTY RECORDER DF SAN DIEGO COUNTY, MAY 3I, 2000 AS INSTRUNfENTNO.36DD- ?5366~I OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE LAND DESCRIBED aN THAT CERTAL'~t IRREVOCABLE OFFER OF DEDICATIDN OF FE$ INTEREST RECORDED MAY ~z, 20D3 AS INSTRUMENTNO.2D63-D604602 AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE APFER OF DEDFCATION OF FEE INTEREST RECORDED MAY ~?, 20D3 AS INSTRUMENTNO.26G3-0605603 AIdD CONVEYED TO THE STATE OF CALIFORNIA EY GRANT DEED RECORDED MAY 23,?003 AS INSTRUMENT NO.30D3-0 6 04 607 ALL OF OFFICIAL RECORDS OF SAN DIEGO CDtNTY, CALIFORNIA. PARCEG B: (A_pN: 043-060-24) THAT PORTION DF LAND CONVEYED T 0 THE STATE OF CALIFORNL4 RECORDED ON tv1AY 22, 2003 AS INSTRUMENT N0.2DD3-D6D4647 LYING EASTERLY AND NORTHEASTERLY OF THE FOLLO WING DESCRIBED LINE: CONIIvIENCiNG AT A 2" LtLDN PIPE W1TH DISC STAMPED "R.C.E 22606" MARK-TNG THE NDRTITL•AST CORNER OF LOT 23 OP RANCHO OTAY, AS SHOVaTf ON RECOZD OF SURV EY NO. 16501, RECORDED MAILCH 9TH, 2000, Iii THE OFFICE OF Tf-iJ COL-1~7TY RECORDER OF SAN DIEGO COtIi~'TY, SAID PII'E SEARING NORTH 7157'57" EAST 2640,41 FEET FROM A 2" IRON PIPE WITH DISC STAMPED "L.S. 5254" MARKING THE SOUTHWEST CORNER DF LOT IO OF MAP N0, 74432, RECORDED AUGUST 3DTH, 3DD2, SN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 23 SOUTIi 73 57'57" WEST ~? 3G FEET - TO THE TRUE PRINT OF }BEGINNING; TFL~NCENORTFI 6324'16" WEST 135:1 FEET TO THE BEGINNING OF A 55D.D3 FOOT RADNS CURVE CONCAVE NORT-HEASTERLY; THENCE NORTA`?JESTERLY ALONG SAID CURVE TiIROUGII A CENTRAL ANGLE OF 2239'48" A DISTANCE DF 217.46 FEET TO THE BEGINNING OF ANON-TANGENT 433.15 FOOT RADNS CURVE CONCAVE NDRTiS-h.ASTERLY, A R4DtAL BEARThiG T O SAID P OINT BEARS SOUTEI 441 S53" WEST; THENCE NORTEIWESTERLY ALONG SAID CURVETHROUGH A CENTRAL ANGLE OF 0200'16" ADISTANCE OF 15.15 FEET;ZY=ENCENON-TANGEISI'TDSAID CLtRVE NOR"!-tI 60~S2S" VEST 303 f FEET TD TFIE BEGINNING OF P_ NDN-TANGENT 320.41 15-16 s~~7 FOOT?2ADNS CURVE CONCAVENORT"tLASTERLY, ARADIAL BEARING TO SAID POINT BEARS SOUTH 4622'5 i" SVEST; THENCE NORTHWESTERLY ALONG SAID CURV E THROUGH A CENTRAL ANGLE OF 0943'46" A DISTANCE OF 54.41 FEET TO THE BEGRvNiNG OF A 3606.39 FOOT RADNS CURVE CONCAVE NORTHEASTERLY; THENCE NOR'TITWESTERLXHLONG SAID CURVE THROUGH A CENTRAL ANGLE OP 0230'08" A DISTANCE OF 157.51 FEETTO THE BEGINN NG OF A 1913.84 FOOT RADIUS CURVE CONCAVENORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 0538'D3" A DISTANCE OF 188.14 FEET TO THE BEGINNING OF A 6948.01 FOOT PADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0134'53" A DISTANCE OF 173.745 FEET TO TIME BEGII3NING OF ANON-TANGENT 36?4.32 FOOT RADNS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 6527'01" WEST; THENCENORTHVJESTERLY ALONG SAID CURVE T[stOUGH A CENTRAL ANGLE ©F 0314'36" A DISTANCE OF 204.98 FEET; THENCE NORTH 2118'33" WEST 204.14 FEET; THENCE NORTI~I 1724'08" WEST 83.50 FEET TO THE BEGINNING flF A 1407.94 FOOT RAD1U5 CURVE CONCAVE EASTERLY; 7`HL-NCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL AIJGLE OF 083748" A DISTANCE OF 212.07 FEET; THENCE NORTH 0837`54" WEST 232.59 FEET TO THE POINT OF TERbIINUS; THENCE NORTH 0911'35" Z'JEST 169.93 FEET; THENCE NOR T H DS?~'34" WEST 50?4 FEET; THENCE NORTH 0410'03" WEST 77.41 FEET TO THE BEGINNING OF A 137.25 FOOT RADIUS CURVE CONCAVE EASTERLY;THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1332'35" A DISTANCE OF 32.44 FEET; THENCE NORTH 04~?'32"EAST 13I.80 FEET TO THE BEGINNING OF A 384.81 FOOT RADNS CURVE CONCAVL- WESTERLY; THENCENORTHERLY ALONG SAID CURVE THROUGH A CRN"SIL'.L ANGLE OF 1416'08" A DISTANCE OF 70.93 FEET TO TI3E BEGINNING OF A 131.88 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALDNG SAID CURVE THROUGH A CENTRAL ANGLE OF 1900'59" A DISTANCE OF 40.45 PEST; THENCE NORTH 4907'23" EAST 160.03 FEET TO THEBEGINNING OF A 911.14 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE N(RTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE DF 1439'39" A DISTANCE OF ?3325 FEET TO TEL BEGINNING OF A 3155.33 FQOT RADIUS CURV E CONCAV E SOUTHEASTERLY; THLNCENORTFiEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0}35'30" A DIST~1IdCE OF 173.73 FEET; THb"NCE NORTH 3832'31" EAST 120.32 FEET; Tf-IENCE NORTH 2632'31" EAST i 69 27 FEET TO THE BEGINNING OF A 593.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTI-rRLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3333'34" A DISTANCE OF 347.62 FEET TO THE BEGINNING OF A 1262.?? FOOT RADIUS CURVE CONCAVE 4ESTERLY; THENCE NORTHERLY ALONG SAID CURVE TIIItOUGI-I A CENTRAL fW GLH OF 0704'47" A DISTANCE OF 157.79 FEET TO THE BEGINNING OF A 36.58 FOOT RADNS REVEiLSE CURVE CONCAVE SOUTI-L~ASTERLY; TFIENCE NORTHEASTERLY ALONG SAID CURVE THROL'G?? A CENTRAL ANGLE OF 4039'33" A DISTA,'~ICE OF 5835 FEET; THENCE NON- 15-17 ' ~~~~ TANGENT TO SAID CUR dE NORTH 4818'56" WEST 45.88 FEET; THENCE ALONG A RADZ?.L BEP_RiNG NORTH 0810`I3" WEST 65.00 FEET TO A POINT ON A 3700.00 FOOT RADIi1S CURVE CONCAVE SOUTT•IEASTERLY, SAID POINTBElNG ON THE SOUTHERLY LINE OF LAND DESCRIBED AS PA-RCEL 32019-1 C01~IEYED TO THE STATE OF CALIFORNIA RECORDED ON MAY 22, 2003 AS B+ISTRUMENTNO.3003- 0604607; THENCE NORTHEASTERLY ALONG SAID CURV E AND SAID STATE LAND THROUGH A CENTRAL P.NGLE OF 0348'87' A DISTANCE OF 246.42 FEETTO THE SOUTHERLY TERIvIIt~'US OF THAT CERTAIN COURSE IN SA1D STATE LAND BEARING NORTH 442Pi6" WEST 95.93 FEET. THE ABOVE DESCRIBED LAND WAS CONVEYED TO MCMILLAl OTAY RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY IN GRANT DEED RECORDED AUGUST 6, 2D14 AS INSTRUIvIENTNO.261D-0903983 OF OFFICIAL RECORDS. PARCEL C: {APN: 643-060-?3) THAT PORTION OF LAND CONVEYED TO THE STATE OF CALIFORNIA RECORDED ON MAY 22, 2003 AS INSTRUML-NT N0.2003-9604b47 LYING EASTERLY OP THE ' FOLLOWCNG DESCRIBED LINE: COIvfi4L•NCWG AT A 3" IRON PIPE 1VITH bISC STAMPED "R.C.E ?606" MARKING THE NORTE~AST CORNER OF LOT 23 OF RANCI-IO OTAY, AS SFIOIVN ON RECORD OF SURVEY' N0. I6544, RECORDED MARCFI 9TEi, 3000, IN THE OFFICE OF TEi COUNTYRECORDER OF SAN DIEGO COUNTY, SAID PII'E BEARINGNORTH 715757" EAST?G;0.41 FD•ET FROlvi A 3" AON PII'E 1VITH DISC STAMPED "? S. 5284" MAitICING TEtE SOUTEIWEST CORNER OFLOT 14 OF M.AP N0.14432, RECORDED AUGUST 30TH, 2442, 1N THE OFFICE OP SALD COUNTY RECORDER; THENCE ALONG THENORT HERLY L[NE OF SAID LOT 23 SOH 7157'57" WEST 22.30 FEET; T.~!`ICE NORTi163247 6" WEST 138 74 FEET TO THE BEGINNING OF A 550.03 FOOT RADIUS CURVE CONCAVL-,NORTPSASTERLY; THENCENORTFI\VASTERLY ALONG SAID CURVE THItOUGH A CENTRAL ANGLE OF 2239'D8" A DISTANCE OF ?! 7.46 FEET TO THE BEGINNING, OF ANON-TANGENT 433.15 FOOT RADIUS CURVE CONCAVENORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SDUTH 4415'53" WEST; Ti3ENCENORTII\VESTERLY ALONG SAID CURVE TEAOUGH A CENTRAL ANGLE 4P 020D'16" A DISTANCE OP 15.15 FEET; TEIENCE NON-TANGENT TO SAID CURVE NORTH 6045'28" WEST 30.31 FEET TD TIC BEGINNING OF,4NON-TANGENT 330.41 FOOTItADIUS CURVE CONCAVE NORTHEASTERLY, A RADL4L BEARING TO SAID POINT BEARS SOUTH 4622'51" WEST; THEN CE NORTIiWESTERtY ALDNG S AID CURV E TEAOUGH A CENTRAL ANGLE flP 0943'46" A DISTANCE OF 54.41 FEET TO THE BEGINNING OF A 36C6.39 FOOT RADIUS CURVE CONCAVENORTEi*ASTERLY; THENCENORTI-ItiVESTERi.Y ALONG SAID CURVE THROUGEI A CENTRAL ANGLE OF 0230'08" :1 DISTANCE OF 157.51 FEL-TTO TFIE BEGIIv1tII~G OF A 1913.84 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; TEIENCENORT[3VdESTERLYALONG SAID CURVE THROUGEi A 15-18 6569 CENTRAL ANGLE DF 0538'03" A DISTANCE OF 188.19 .FEET TO THE BEGINNING OF A 6998.61 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6134'S2" A DISTANCE OF 172.745 FEET TO THE BEG iNMNG OF A NON TANGENT 3625.21 FOOT RADIUS CURVE CONCAVE NORTHEASTERiY, A RADIAL LT23E TO SAID BEGINNING BEARS SOUTH 6127'42" WEST; THENCE NORTHWESTERLY ALONG SAID "CURVE THROUGH A CENTRAL ANGLE OF D314'26" A DISTANCE OF 2D4.98FEET;THENCENORTH21]8'33"WEST244.19FEET;THENCENORTHi729'fl8" . WEST.83.50 FEETTO THE BEGINNING OF A ]407.94 FOOT RADIUS CURVE CONCAVE EASTERLY; Tl-IENCENORTHERLY ALONG SAID CURVE THROiIGH A CENTRAL ANGLE OF 0837'48" A DISTANCE OF222.D7 FEET; TI-LENCENORTH D83TS9" VdEST?32.54 FEET; THENCE NORTH D9] 1'3 S" WEST 269.93 FEET; THENCE NORTH 08~?'34" WEST 56?4 FRET; THENCE NORTH 4914'03-' WEST 77.41 FEET TO THE BEGINNING OF A li7?b FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF i 332`35" A DISTANCL• OF 32.44 FEET; THENC%NDRTH 0422`32" EAST 13L.8D FEET TO THE BEGINNING DF A 284.84 FOOT RADIUS CURVE CONCAVE ~FaESTERLY; THENCE NORTHERLY ALONG SAID CURVE TI3ROUGH A CEN T RAL ANGLE OF 1+16'08" A DISTANCE DP 70.93 FEET TO THE BEGINNING OF A 122.88 FOOT RADITLS REVERSE CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1400'59" A DISTANCE OP 40.95 FEET; THENCE NORTH 0907?3" EAST 260.03 FEETTO THE BEGINNING OF A 912 S4 FODTRADIUS CURVE CDNCAVE SOUTHEASTERLY; THENCENORTHEASTERLY ALONG SAID CURVE TE-[ItOUGA A CENTRAL ANGLE OF 1439'39" A DISTANCE OF 233?5 FEET TO THE BEGINNNG OF A 2255.33 FOOT RADICIS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY AZ,ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0435'36" A DISTANCE OF 272.73 FEET; TPLFNCENORTH 28~?'31" EAST' 12D32 FEET; THENCENORTI•I2633'21° Ea.ST 169.27 FEETTO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A 593.5D FOOT RADIUS CURVE CONCAVE WESTERLY; `RIENCE NORTF>~~•"ILT Y ALONG SAIl7 CURVE Ti-Il20UGH A CENTRAL ANGLE OF 3333'34" A DISTANCE OF 347.62 FEET TO TIdE BEGR~'NING OF A 225243 FOOT RADIUS CURVE CONCAVE WESTERLY; TI~NCENORTHERLYALONG SAID CURVETHROUGH A CENTRAL ANGLE Or^ 0709`41" A DISTANCE OF 157.79 FEET TO THEEEGTNNING OF A 36.88 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9D39'38" A DISTANCE OF 5835 FEET; THENCENDN-TANGENT TO SAID CURVE NORTH 0818'56" WEST 45.SS FEET; TPIENCE ALONG A RADIAL. BEARING NORTH 6810'1 i" WEST 65.60 FEET TO A POINT ON A 3700.06 FOOT RADIUS CURVE CONCAVE SOtITHEASTBRLY, SAID POINT BEENO THE POINT OF TERMIISCIS AND BEING ON THE SOUTHERLY LINE OF LAMB DESCRIBED AS PARCEL 32619-1 CONVEYED Tff THE STATE OP CALIFORNIA RECORDED ON MAY 32, 2403 .AS MSTRUAQENT ND. 2DD3-0604607• THENCE NORTHEASTERLY ALONG SAID CURVE AND SAlD STATE LAND THROUGH A CENTRAL ANGLE OF 03=}8'57" A DISTANCE 15-19 6570 OF 246.42 I REF TO THE 50-JTHERLY TERMINUS OF THAT CERTAIN COURSE Its SAID STATE LAND BEAR7NG?~tORTH 0431'16" WEST 95.43 FEET. THE ABOVE DESCIZIDED LAND VAS CONVEYED TO MCIv~.LIN OTAY RANCH, LLC, A DELAWt~TL LIMITED LIABILITY COMPANY IN GRANT DEED RECORDED AUGUST 6, 2010 AS INSTRUMENTNO.2010-0403982 OF OFFICIAL RECORDS. 15-20 ' s~71 IrXH[$IT « $" Resolution No. 2009-225 Page 14 - GRADING AND DRSL'1AGE 52 Prior tv approval of each ereding permit for the project, Applicant shall: ' ~ Prepare a maintcrtance. progr..m of alt the proposed drainage sad water quality treatment i~ilities, the chaanci ar basin, inctudmg but aot Iiraitcd co aatnrnl'tz:d channpLs down strcatn of the pmjcct, wodands restomtion accts, detention 6asitu, and water quality treatment facilities. The maintenance program sfiali include, but not be limited to: a) a manu¢I descrihingthc operation and mainenance oFthv drainage and water quality treatmeat facilities; b) en esfimaze of rho cost of such operation and maiatrnapce activities; and e) n funding mechanism and sthedu{e ,~ ~ - for financing the maintenance aran-am. Said maintenance program shai3 be snbjcct to approval by the Ciry Engineer. The Applicant shall be responsible for obtaitiing alt [cquixed appmvals of the maintenance prom 5nm all appSica6le federal and score agencies. b. Demonstratecompfiaace uiCn Section 1603 of the California Building Code (CBC}. ' c. Enter into an agreemrnt with the City of Chula Vista, whrein Applicant agcers ta: i} Provide far Cite mairteaanr of ail proposed drainage and µ~ter quality trea~eat facilities attrihvtabk to the 'projevt, ar,d pro45de security, satisfacmry to the Ciry Engioecr, ~uueatesing the performz~ce of the .. ~ afotemcalioned maintenance and siltation removal otnligadons. This oLitgadon mdy be imnsfcrted to another propery. owner 3f approved by the Ciry. Tmaiment facilities iaduding .but pat limited to nattvatizad drainage channels, wetlands restomtiva nrezs as ellowed by the resource . ag~cic;, dcuntion basins, and watergvakity treatment facilities she11 be mzintaiaed by the Applicant until occurrence of the tatter of the foilowiag: (a} maintenance of such facilities is assumed by thn City, vocn space district ar Mast_r Homeowner's Association, or, {b) ibc City dcterrrSncs all erosion protection p;antin~ arc adequately established. II n~BT:a'c-. .-*'ri-~ - ~:.h_-t^-r~:l E-itf E•ix----I= ~~`ik i_n13 ~-c~ ~~ a31}ta12'v-~-=,'~Y -..;~-.`_'`oC`~~"~T-':Y'e--]_~tt2~-2^ t5-5t - _ n..... in _ron 15-21 ---- ----~ 6512 Res¢Suti¢n 7J¢. 2404-225 Page 20 iii) Providt fast the zcmoval of any siltation resulting from all proposed dainage and x~,=rer qu~ity treavatnt facilities, including but nut limited to the aatualiud dranage charutei, wetlands restorntion azezs zs allowed by the resource zgcneies, detention basins, zad wzter quality uca[meat facilities, attributable to dre Project, for a irinimu*n period of bve yea,-5 after maintenance of suoh facility is zevepted by :he City ar an zppmpaate Mainteaaacc District iv) Applicant shall providn 5tntniry, satisfactory to the Ciry Engineer, guara.'tteeh7g the perivrntanve of the aforementioned raeintcnance end s1ffiion removal obligations. 53. Prior to installation of base paving and placement of curb and gutter form wort-related to approved construction plates the Apoticant shall demonstrate, to the City Engincce's satisfaction, that highiY expansive fill soils {with an expansion index over 90) arc oast witivn the upper five feet of any public right of way or public easement. Apoticant shell selectively grade fill soils with an expansion index above SO within tier vpperfiue feet of any public right of way or gronosn as altetnntt method to nvGgate expansive sails. Snid ahernntn method shat be subject m d7e approval of the City Eng'meer prior m placement of curb and goner, sidewalk or aggregate bast. Additionally, aay formational materiels vrithin three feet of sob Bade sbail be teased fat expansion, end tnplaccd with soft, wMch has an expansion index of Icss than 4P. S?;~YE$ 54. Prior to approval oC the first basal "B" Map, the Applit2~tt shalt emer into an agreement with the City to contribute its fair share and shall thcrcnftcr aarticipate according to the tcmu of such agreement in any necessary funding fat imniementing a Poggi Canyoa sewer trun3:-monitoring program, as determined by the City Eng~ect. The sewer tzvn>=- monitoring ptegr2m shall suciude an analysis of ibe rcmainirg capacity of dre Poggi Canyon/Dzte-Paiute sewer sysc.m. The analysis shall demonstrate to tilt setisfacticn of Il o City Engineer that st7i;icieaE capaviry exists for the ttutnbcr of EDUs contained in zit Final }baps for the Project sutrtttiaed to Lhe City pursuant to the limi's set ,orih Li the PFFP. The analysis sh=_ll include all flows $om relating :a Ehe P:ajxt, including pumped ' t~otvs, entering the Poggi Canyon Trunk Sewer, not just £rvm Easletn U;ban Ccnte{ nr fiam within the Poggi Crsryon grnvity basin. - S5. Prior to approvtil of each basal mzg, the Applicant shell cnmr into nn agreement with the _ Ciry-whereby the Applicant agrees and aclaowtadges that all development widhin the - F.zstun Vrhan Center shall be consistent with the "Eastern Urban Censer Ted7nicol Sauer Study ", prepared by pBSfiJ S7anuary 2008). Furthermore the Applicant shall a~4-rte that prior to desi„eu review approval and in accordance with the Entensity Transfer provisions in the EUC SPA, the Applicant sbnll provide za updated Tnehrtical Sewer . Study with each proposad project requtsfing an intensity transfer. The ?esht$ce! Sewer - - Study shall demonsaatc to rite satisfaC~vn of the Gity Engineer ihzt adcqua[e capacity exists in the wastewater infrastructure m suogoti the hansfet: 75-62 -~R. 17 f.F7R 15-22 i 6 5 7 3 ~xl~zBZT ==c°, SEDIIVIENT BASIN OPERATION AND MAINTENANCE PLAN MILLENIA (EIJC) MASS GRAI}ING APZtri.2011 - Prepared For SLF IV 1 McMillin Millenia 5V, LLC P.O, Box 85104 SanDiego,CA 92186-S1Q4 Prepaxed By: Q~, ' Rp~ p~ y~ '101 651ram, Su;m W9 ~~`ye'aY ~Rr~ IV~~UKY iCI 9a E~0'lCa-F YYIS.9 Pnitl.6 s~ San OiuBC.CA B21ot 619235.6;71 Tnl - V c~ Planning t Lpndscape Atchit©cture 1 Engl~earing~i 5ur~ey ~ 619.234-a34~Fa: Jab No. 33fi6.00 etyOFESS/oN N. w ko. CScS.8 +'t n G * EXP. t2-3w-i2 ~ ~ C.~~_ m E<~I IK sjgr clvt~ Qp~`~ Debby Reece, RCE56148 For cFt1T Registration Expires I213I(12 15-23 TABLE OF CONTENTS 1. FNTRODUCTION AND DESCRIPTION ........................... 2. MAINTENANCE PROGRAM ..................._...................... 3. CONCLUSiONS ....:..:....................................._......._.......... FIGURES Figure 1: Project Vicinity Map ................................................. APPENDICES 1. Mass Grading Plans 2. Operation and Maintenance Pracednres & Checklists s~~4 1 t 6575 I. INTI20DIJCTION A1VD DESCRIPTION T}tis Operations and Maintenance (O&M) manual was prepared as a maintenance guide for the proposed temporary sediment basins built within the Ivlillenia {Et3C) project, in the City of Cfiula Vista, California. The basins will 6e 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, and west of Eastlake Parkway. Tltere tvi11 be four basins: the north basin, west basin, southeast basin and southwest basin. The basins ttidlt collect runoff from the disturbed mass graded area and drain into existing underground storm drain systems (north and west basins), and htto existing canyons (southeast and sautluvest basins)• Maintenance for a series of concre~e ditches that uvll be used to help direct mnoff fo 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 10{144-5, -6, -7, and -7 respectively, copies of which are grovided in Appendix t forrefetence. t7EEr'; nrER RESERVOIR 4 ~ UPPER nTAY N Q RESERVRatR `~ !! u 5~ I O fi~ wNP`G E40LA © 0.44HG' P~ ~ e dVc P IX~~ \ Figure l: Project~ciuityl~Sap C:~Dva:rrnu aM Sminn>DrbbF`1ont 5<nins.\'.e.?anRl ceex Fiin'ALt,].N]f t©A51~1~0~1-!•ul t=).dn PROJECT SITE 15-25 6576 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 un61 the responsibility for maintenance has been assumed by another owner of Bart ar all 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. The designated responsible party listed below shall 6e solely responsible for the maintenance and opemtion of the sediment basins and anyliabi[ity restating there from. Designated Responsible Party: SLF IV / McMillin Millenia N, LLC, ATTN: Todd Galameau htsoection Freaaenev: 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 twice per year. The inspection checklist in Appendix 2 should be used to document the items inspected. The most important item to inspect is the outlet structure to ensure it is ttnobstructed. Maintenance Activities: See below. Refar to maintenance checklists in Appendix 2 for maitrtenanca task descriptions. Sediment Basins: Examine basin banks for seepage and struchrral soundness o Check outlet structures and spillways for any damage or obsimetions. Repair damage and remove obstructions as needed. o Check inlet and outlet area for erosion and stabilize if required. a Remove accumulated sediment in the bottom of the basin when sediment reaches one half the desigttated sediment storage voiturre. The sediment should be managed properly and placed to preclude erosion, or disposed of accordingly. Options. include: 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-sste export disposal at an appropriate location (e.g., sediment ,characterization and disposal to an appropriate land511). e If basin has not drained within 96 hours after accumulation, remove standing water. e:IDUdRt r1, end Fuiny~D:[b]l'.wl5ea4-511. rn~~eraeT {m~mn r~rslOLKi6~}]dG~U.]5,~-011~G.vi p1,da 15-26 6577 o I{the basin does not drain property due to storms that are more $Eguent or larger than the design storm or other unforeseen site conditions, dewatering should be conducted in accordance with appropriate dewatering procedures and in accordance with local permits. o Remove excessive emergenE and perimeter 4egetatian as needed or as advised by local or state vector control agencies. a Inspect and maintain chain link fence as required fo preclude en€rance to the 3rashrs. Concrete Ditches: a Remove silt, vegetation and debris from all ditches as necessary to maintain design capacity of the ditches. e Inspect outlet locations into the sediment basins to check for unde(miring and/or headcutting. Repairandlorregradeasnecessary. 3. CONCLUSTON$ Routine maintenance and inspections are 'srnportant to ensure proper performance of the font proposed sediment basins in the EUC. The Designated Responsible Party shall insgecC the proposed basins at a minimum of hvice per year, near the beginning and end of the wet season {generally circa September 1sE and before Ivlay Ist oE' each year). Retention of records of inspections and maintenance activities is reguired by the State Construction General Permit. Inspection and maintenance checklists can be found in Appendix 2. Ct~«u~xrti ,ed ecicint~rNt~[°aS ScrtincAT<m.~ronry L ~,m.f FileSA[Kl6V 3VS~B.151N-Qll~~ati (2)~- 15-27 6578 APPENDUY 1 Mass Grading Plans For the Mass Grading Plans for the McMillin Otay Ranch (Eastern Urban Center), see City of Chula Vista Drawing Number 10044, Work Order Number PG-799, on file at the Office of tlae City Engineer of the City of Chula Vista 15-28 6579 APPENDIX 2 Operation and Maintenance Procedures & Cftecldists i f 15-29 658Q CheckIistfor Routine Sedimenf Basin Maintenance: - ORFG7NAL -i4IAKE COPIES. KEEP PAST RECQRDS FOR REFERENCE - Basin: Tnspectiou Detc: Time: IrspeUCd By: Item to Inspect & Tasic Description Condition CommentslCorrective Action Trash and Debris Removal ^ Satisfzctory dnspect for presence afdebris. -Inspect basin for presence of trash. -Inspect basin outleta and pipes for ^ Needs Attention clogging & remove any obstmctiolrs. - ^ Not lnspected- _ Erosion Repair -Make sure there arc no 6atc sni) areas ^ Satisf ctory shot hove eroded -Inspect spi)hvay and riatap pad for ^ Nccds Attention ssence oCtmsh or d for d e amage an signs of erosion. ^ Not Inspected Standing ~Vnter o Satisfactory -Irspect for mosquitoes, • -IJetcrmine if any areas ofbasin do not ^ Needs Attention osi6vc drainage to outlet. have " p heck for signs of standing hater ^ Not tuspceted Sediment Management ^ Satisfactory -Inspect level of sediment accumDtation K basin with n tape .. measurer fmm the outlet a Needs Attention h d l e u e -If major cScaning is required, sc maintenance... a Not Inspected .. Concrete Ditch )maintenance - o Satisfactory - -Cteanout sediment and debr)sfmm ditchestomaintaincagacity, ^ Needs Attention -Inspect outlets of ditches to sediment basins• a Not Fnspected Additional Comments: I I. 15-30 6581 E~'FTIBIT "D" SECURI'I"X I2EQiJTRElYIEN1'S ' Maintenance Obligations per Section 3 of this Agreement. c Cash Deposit Cash degosit equivalent to two {2) yeazs of maintenance cost in the amount of 535,100.OD to be submitted thirty (30) days before the filing of the City of Ghuta Vista Form 5512 - .for Approval of Commencement of Work Maintenance Bond Bond for an eight-yeaz-term in the amount of $I4Q,404.00 to be submitted thirty (30) days before the filing of the City of Chula Vista Form SSIZ for Approval of Commencement ofVlork 15-31 ATTACHMENT 3 FIRST PHASE OF GRADING FOR THE EASTERN URBAN CENTER {EUC) / MILI.ENIA DEVELOPMENT -<~ Scurcr. Qtay2anch EUC SPA PPFP ` 15-32 PHASE I flF GRADING "A" Street Reference Identification 27 Block Reference Identification P2 Park Reference Identification RESOLUTION N0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE INTERIM DESILTATION AND MAINTENANCE AGREEMENT WITH SLF IV/MCMILLIN MILLENIA JV, LLC; FOR THE EASTERN URBAN CENTER (MILLENIA) AND AUTHORIZING THE 'MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on September 15, 2009, in accordance with Resolution 2009-265, City Council approved the Tentative Subdivision Map for the Otay Ranch Eastern Urban Center, Chula Vista Tract 09-03 ("Tentative Map") for the subject property; and WHEREAS,' Condition of Approval .Number 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 September 14, 2011, the Developer and the City executed the Interim. Desiltation and Maintenance Agreement for the Mass Grading of the Eastern Urban Center (Millenia), and the Assignment and Assumption Agreement by and Between the City of Chula Vista, McMillin Otay Ranch,-'LLC, and SLF IV/McMillin Millenia JV, LLC, which both agreements were recorded in the San Diego County Recorder's Office on November 2, 2011, as Official Record Number 2011-058226, and as Official Record Number 2011_-0582266, respectively; and WHEREAS, at the beginning of year 2012, the Developer's started the process for the approval of a construction change to Grading Plans Number 10044 to reflect the first phase of work that required the redesign of the temporary drainage and water quality treatment facilities that called for the elimination of some of the previously approved facilities and, the construction of some additional,infrastructure; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act ("CEQA") and has determined that the proposed project is adequately covered in pervious certified Final Second Tier Environmental Impact Report ("FEIR 07-01") for the Otay Ranch Eastern Urban Center Sectional Planning Area ("SPA") Plan. Thus, rio further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the First Amendment to the Interim Desiltation and Maintenance Agreement for the Mass ,Grading of the Eastern Urban Center (Millenia), in the form presented to 'the City Council, as may have been modified by the Council prior to its approval, a copy of. which is on file in the Office of theCity Engineer. 15-33 Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council,of the City of Chula Vista, that the Mayor of the City is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented By: Gary Halbert, AICP, PE Director of pevelopment Services Approved as to form by: ~~77G_~1 ~d~'C;ity orney 15-34 THE ATTACHED AGREEMENT HAS BEEN REVIEWED _ AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGiVED UPON APPROVAL BY THE CITY COUNCIL -~ i ~~ , City Attorney Dated: IZ~~~~/~ AMENDED AND RESTATED INTERIM DESILTATION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SLF IV/MCMILLIN MILLENIA JV, LLC FOR THE EASTERN URBAN CENTER (MILLENIA) 15-35 RECORDING REQUESTED BY AND WHEN RECORDED RETURN T0: 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. PG-799 AMENDED AND RESTATED INTERIM DESILTATION AN~_MAINTENANCE AGREEMENT WITH SLF IVMCMILLIN MILLENIA .IV, LLC FOR THE EASTERN URBAN CENTER (MILLENIA) This Amended and Restated Interim Desiltation and Maintenance Agreement ("Agreement") is made by and between SLF IV/McMillin Millenia JV, LLC (referred to herein as "Company" or "Applicant"), and the City of Chula Vista, a California municipal corporation ("City"), with reference to the following facts: RECITALS 1 Company owns approximately 207 acres of land known as the "Otay Ranch Eastem 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 125 (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"). 2 On September 15, 2009, the City 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. 3 On June 1, 2004, Company's predecessor and the City entered into that certain Interim Desiltation and Maintenance Agreement (Eastern Urban Center Interim Grading) for the Project recorded in the Sari Diego County Recorder's Office on June 9, 2004, as Official Record Number 2004-0538918, which was assigned to and assumed by the Company by that certain Assignment and Assumption Agreement dated September 14, 2011 and recorded on November 2, 2011, as Official Record Number 2011-0582266 (together, "Interim Desiltation and Maintenance Agreement 1"). On September 14, ZO11 Company and City entered into that certain Interim Desiltation and Maintenance Agreement for the Mass I 15-36 Grading of the Eastern Urban Center (Millenia) for the Project recorded in San Diego County Recorder's Office on November 2, 2011, as Official Record Number 2011-0582265 (Interim Desiltation and Maintenance Agreement 2"). 4 This Agreement hereby supersedes and replaces Interim Desiltation and Maintenance Agreement 1 and Interim Desiltation and Maintenance Agreement 2. 5 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 treatment 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; (b) Demonstrate compliance with Section 1803 of the California building code (C$C); 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. 6 The City Engineer has determined that certain temporary drainage, desilting basins, and erosion/sedimentation control facilities, as shown on Approved Construction Change "B" of the Mass Grading Plans for the Project, Chula Vista Drawing Number 10044 ("Construction Change "B") are adequate as of the date of this Agreement to temporarily service the mass-grading proposed for the Property. NOW THEREFORE, inconsideration 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 Construction Change "B" as approved by the City Engineer. 2 15-37 1.2. `'Complete 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 famish, 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: 2.1. Construction. Company, agrees to construct Temporary Private Facilities, as shown on Construction Change "B." 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 Temporazy Private Facilitie's '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 3 15-38 .after .adequate securities aze put in place as a condition of the ~. -transfer of responsibility to another owner. 2.3. 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 of the City of Chula Vista Form 5512 for Approval to Commence Work,' - Company shall provide the City with a cash.. deposit . ("Cash 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 one yeaz 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. 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. 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 parry or upon replacement of the temporary facilities with permanent facilities as determined by the City Engineer. ', (a) Comnany'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 4 . 15-39 bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. 3.2. Municipal Code Requirements. 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 14.20310 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 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 terminated 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 5 15-40 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 claims, 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 constriction 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 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 negligence 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 all 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. 8.2. 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. 8.3. 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. 6 15-41 8.5. Recordine. The parties hereto shall cause this Agreement to be recorded in the Office of the County Recorder of San Diego County. 8.6. Assignment. 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 10.2.3 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.privafe agreement and the Company remains obligated to the City. 8.7. Authority of Signatories. Each signatory and party hereto hereby warrantsand represents to the other party thatit 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 confirms the release of the Project or applicable portion thereof 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 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. 8.1-0. 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. 8.11 Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or b~~ law to be served on or delivered to either party shall be in writin and shall be deemed duly served;. delivered, and received whe: 15-42 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 CFIUL,A VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Engineer COMPANY: SLF IV/McMillin Millenia JV, LLC __ P.O. Box 8104 San Diego, CA 82 1 86-5 1 04 Attention: Todd Galameau, Senior Vice President With a copy to: c/o The Stratford Company 5090 North 40"' Street, Suite 260 Phoenix, Arizona 8018 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, Interim Desiltation and Maintenance Agreement I, and Interim Desiltation and Maintenance Agreement 2. End of page (next page is signature page) 8 15-43 SIGNATURE PAGE AMENDED AND RESTA'YED FNTERI114 DESILTATION AND N[AINTENANCE AGREEMENT WITH SLF IV/MCNHLLIN MILLENIA .FV, LLC, FOR THE EASTERN URBAN CENTER (PvIILLENIA) IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the day of , 20 (the "Effective Date''). COMP ANY: SLF N/Mcblillin Millenia JV, LLC a Delawan-e Limited Liability Company By: The Corky McMillin Real Estate Group; LLC a Delaware Linuted Liabnlaty Company Its Managing Member By: CITA' OF CI-IULA VISTA By: APPROVED AS TO FORM: CheLyl Cox, Mayor Its: y ~~ ~ By: ~CS^- ~.v~~~~il By: Glen R. Googins, Citti` Attorney Its: s V ~ ATTEST: By: Donna Norris, City Clerk rotary to attacl2 acknoia=lerlgentent for each signature) (Corporate Aaathority req~~ired for each signatory) Attachments: Exhibit A: Legal Description of the Property Exhibit B: Condition No. ~2 of Tentative Map from CGV Resolution No. 2009-225 Exhibit C: Inspection, Operation, and Maintenance Plan (lOMP) Exhibit D: Security Requirements 1:\En~ineeriLANDDEV\Projec[s\Eastern Urban Cented~\f.as-G radin_s\PHASE 1`~AI Lt-Amended Lv(ain[ Agmemcm[\IstAmendHnterimDesiltNlaint-NO BOND_10-10-L?.doc J:\Attutney\MS\istt\mendedUcsil[r\grmmtDIOBOND-I LI}2l-FINAL. 15-44 i CALIFORNIA"ALL PURPOSE . STATE OF CALIFORNIA COLNTY OF SAN DIEGO On November 27, 2012, before me, Ann M. Fufo, Notary Public, personally appeared Todd Galarneau and Don Mitchell, 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 helske/they executed the same in hisAie~/their. authorized capacity(ies), and that by his/her/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 PERNRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l.i~~~~~' v~~J"`- .. ANN M. FUTO - ~~ Commission # 1832730 -o Notary Public -California' i _ ' ~ San Diego County > My Comm. Expires Jan 23, 2013 J ..Notary Forth 2012. .