HomeMy WebLinkAbout2013/09/17 Item 05 ��-.;:,.�- -
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CHULAVISfA
09/17/li, Item S
ITEDZ TITLE: RESOLUTIO?�' OF THE CITl' COU1'CIL OF THE CITI' OF
CHliL.A V'ISTA APPROVII�'G .A GRr1NT OF EASE!�4ENTS.
LICE?�'SE AI�TD D4AII�TTENAI�'CE AGREEngNT BET�4'EEN
OTAY RANCH VILLAGE II SUiv 6/8 LLC. AND THE CITl'
OF CHULA VISTA FOR OTAY R�1�'CH VILLAGE 2
NORTH R-8A (CHULA V1STA TRACT NO. 11-0�)
RESOLUTIO\i OF THE CITl' COU1'CIL OF THE CITY OF
CHULA �'IST.A :�PPRO\'Ii�'G A GRANT OF EASEA4EI�TTS.
LICEIvSE AIvD MAINTE\AI�'CE AGREE?��E\T BET\�%EE\'
SUi�'RISE CORTA BELLA; LLC_ .1�\�D THE CITY OF
CHULA VISTA FOR OTAY RAi\'CH \%ILLAGE 2 \TORTH R-
8B (CHULA VISTA TRACTNO. 11-OS)
RESOLliTION OF THE CITY COU`I�'CIL OF THE CITY OF
CHiJLA VISTA APPROVIl�'G A GRANT OF EASEA4ENTS.
LICE\�SE r�\D I�4AIivTENANCE AGREEn4E?�TT BETVIEEN
SUi�TRISE CORTA BELLA. LLC. AND THE CITY OF
CHULA VISTA FOR OTAl' RAi\'CH VILLAGE 2 \TORTH R-
9B (CHtiLA VISTA TRACT NO. 11-0�)
SUBNIITTED BP: DEVELOP�4EI�TT SERVICES DIRECTOR I��
�
REVIE«'EDBY: � CITl' ?�4Ar?AGER �rJ•5�
ASSISTAi\'T/DEPUT7' CITY A4AIvAGER�/�
�-�
4hTHS VOTE: 1'ES I� \'O �
Stin'L1LaR1'
The proposed action «�ould allo��� and obligate Ota}� Ranch Village II SiJN 6/8; LLC and
Corta Bella� LLC (Developers), developers of Otav Ranch \%illage 2 Neiahborhoods R-8A;
R-8B and R-9A, to perpetually maintain the landscapina and other pri��ate facilities ���ithin
the riaht-of-�i�av. y
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09/17/13. Item 5
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ENVIRONMEl�'TAL REVIEVI'
The De�elopment Sen�ices Director has revie���ed the proposed activity for compliance
��ith the California En��ironmental Qualit�� Act (CEQA) and has determined tbat the
activity is not a "ProjecY as defined under Section 15378(b)(2) of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activiry is not subject to CEQA. Thus,no environmental review is required.
RECOn1n4ENDATION
Council adopt the resolutions.
BOARDS/COA'IAZISSION RECOMAIENDATION
I�'ot applicable
DISCUSSION
On February 25, 2013, Otay Ranch Village lI SUN 6/8, LLC, filed Map No. 15900 for
the Otay Ranch Villaoe 2 North 1�'ei�hborhood R-8A.
Village II of Otay HB SUB, GP recorded Maps 15904 and 15901 for Otay Ranch Villa�e
2 R-8B and R-9B; respectively. Village II of Otay HB SUB, later transferred the
property to Corta Bella; LLC.
Otay Ranch Villa�e 2 1�'orth I�'eiehborhoods R-8A; R-8B and R-9A are located south of
Olympic Parkway, west of La Media Road and north of Santa Diana Road.
As part of the Supplemental Subdivision lmprovement Agreements for each Final D4ap,
the De��elopers were required to enter into a Grant of EasemenCs, License and
Maintenance Agreement (Agreement) with the City. �
The purpose of these A�reements (Exhibit "A ') is for the City to grant to the Developers,
its aeents, or successors in interest; easements over and across public areas for the
De��elopers to pri��ately maintain certain improvements within the Project Some of the
privately maintained improvements include, but are not limited to: street trees,
landscaping and private storm drains. For a comp]ete description of tl�e improvements to
be maintained. see Exhibit "A".
DECISION AZAKER COIVFLICT
Staff has revieN�ed the property holdings of the City Council and has found no property
holdinss within �00 feet of the boundazies of the property which is the subject of this
action.�Staff is not independently a���are; nor has staff been informed by any Cin-
Councilmember, of any other fact that ma}� constitute a basis for a decision maker
conflict of iriterest in this matter.
CUF2RENT YEAR FISCAL IA4PACT
"I�here is no impact to the General Fund. Developers will cover all costs and fees
associafed H�ith the Agreements.
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09/17/13; Item �
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ONGOING FISC.AL INIPACT
11�ere is no impact to the General Fund. De��elopers; its aeents, or successor in interest,
aze responsible for an}� costs related to the execution of the Agreements.
ATT�,CEIIVIENTS
Grant of Easemenu and Maintenance Aereements for
Ota�� Ranch V'illaee 2 ?�'ei�hborhood R-8A
Otav Ranch ViliaQe 2 ?�'eiehborhood R-8B
Ota�� Ranch V"illase 2 ?�'eishborhood R-9B
Prepared by: Chester Bautisra, .4ssociate Cn�il Engrneer, Development Sen•ices Department
H:IDSDL9gendas and Resos, most up to date versionl101319-17-20131 V3 No GEAi9'sIREPORT-DSD-
[%illage 1 GEAti4.doc
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COUI�'CIL RESOLUTION NO.
RESOLUTIOI�' OF THE CITY COUI��CIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEn4ENTS.
LICEI�TSE AI�'D MAINTENANCE AGREEMENT BETR�EEN
OTAY RAI�CH VILLAGE II SUN 6/8 LLC, AND THE CITY OF
CHULA VISTA FOR OTA1' RAI�'CH VILLAGE 2 NORTH R-
8A (CHULA VISTA TRACT NO. 11-0�)
WHEREAS, on February 2�; 2013, Otay Ranch Village II SUl�T 6/8; LLC ("Developer";
or "O��mer`); filed Map No. 1�900; Chula Vista Tract No. ll-0� Otav Ranch Villaee 2,
Neighborhood R-8A (Final AQap); and
R'HEREAS, as part of the Supplemental Subdivision Improvement Agreement filed with
the Final D4ap, the Developer «�as required to enter into a Grant of Easements; License and
Maintenance Agreement ("Agreen�ent') ���ith the City; and
WHEREAS, the De��elopment Services Director has reviewed the proposed activity for
� compliance with the California Environmental Quality Act (CEQA) and has detennined that the
acti��ity is not a "Project' as defined under Section 15378(b)(2) of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(2) of the State CEQA Guidelines the activit}� in not
subject to CEQA. Thus; no environmental review is required; and
WHEREAS, the proposed Agreement �vould allow and obligate Developer or a successor
in interest to perpetually maintain the sVeet trees, landscaping, private sewer and private
stormdrain, and other facilities within the right-of-way for the development known as the Otay
Ranch Village 2 Neighborhood R-8A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chu1a
Vista, that it hereby approves the Grant of Easements, I_icense and Maintenance Agreement
bet�veen Otay Rauch Village II SiJN 6/8, LLC, and the City of Clmla Vista for Ota�� Ranch
Village 2 Neighborhood R-8A, in the form presented, as may have been modified by the Council
prior to its approval and with such minor modifications as may be required or approved by the
City Attomey, a copy of which shall be kept on f le it� the Office of the City Clerk.
Presented by Approved as to form
Kelly G. Broughton / Gle
Development Services Director J�� City Attorney
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COU1'CIL RESOLUTIO\T NO.
RESOLUTION OF THE CITl' COLTNCIL OF THE CIT1' OF
CHiiL.4 VISTA APPRO\'I?�'G A GRA�\'T OF EASE�4E\iTS.
LICENSE A\'D �4AINTE\'.A\�CE AGREE\g\TT BET�I%EE\'
CORTA BELLA LLC. AND THE CITY OF CHULA V1STA
FOR OTAY RANCH VILLAGE 2 NORTH R-SB (CHULA
VISTA TRACT NO. 1 I-0�)
\4%HEREAS. on n4azch 14, 20li, Villaee II of Ota� HB SliB; GP. filed \4ap No. 1�904:
Chula Vista Tract\o. 11-0� Ota�� Ranch Village 2; Neiehborhood R-8B (Final Map); and
�4�HEREAS, V"illage II of Ota�� HB SUB: GP subsequentl�� transferred ownership of Ota�
Ranch Viliage 2 \jeishborhood R-8B to Cona Bella; LLC, ("De��eloper'. or "O���ner`); and
\4'HEREAS, as part of the Supplemental Subdivision Improvement Agreement filled
�ti�ith the Final �4ap; the Developer N�as required to enter into a Grant of Easements; License and
D4aintenance Aereement ("Aereemenr') ��ith the City; and
\VHEREAS; the Development Sen�ices Director has revie���ed the proposed acti��itv for
compliance „�ith the Califomia En��ironmental Qualiri- Act (CEQA) and has determined that the
acti��ity is not a "Projecr' as defined under Section 1�378(b)(2) of the State CEQA Guidelines;
therefore; pursuant to Section 1�060(c)(2) of the State CEQA Guidelines the activit�� in not
subject to CEQA. Thus, no environmental re��ie�r is required; and
�'�%HEREAS; the proposed Agreement ���ould allo«� and obliQate De��eloper or successor
in interest to perpetually maintain the street trees, landscaping, private stormdrain, and other
facilities within the right-of-���ay for the development l:no���n as the Ota<<
Ranch Villaee 2 \'eiehborhood R-8B.
\'0\1'. THEREFORE. BE IT RESOLVED bv the Cin Council of the Cit�� of Chula
Vista, that it herebv approves the Grant of Easements; License and 1�4aintenance Aereement
betw�een Corta Bella. LLC. and the Citv of Chula Vista for Ota� Ranch Villaee 2 Nei2hborhood
R-8B; in the form presented, as ma�� have been modified b�� the.Council prior to its approval and
�a�ith such minor modifications as may be required or approved by the Cit�� Anomev, a cop�� of
� wfiich shall be kept on file in the Office of the City Clerk.
Presented by Approved as to form
Kellv G. Brouehton / Glen .
Development Services Director ��Citv Attomev
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COiJNCIL RESOLUTION NO.
RESOLUTION OF THE CITI' COUI�'CIL OF THE CITY OF
CHUL9 VISTA APPROVING A GRANT OF EASEMENTS;
LICENSE AI��D A4AII�'TENANCE AGREEMENT BETWEEN
CORTA BELLA LLC, AND THE CITY OF CHULA VISTA
FOR OTAY RANCH VILLAGE 2 NORTH R-9B (CHULA
VISTA TRACT NO. 11-OS)
WHEREAS, on February 25, 2013; Village II of Otay HB SUB, GP, filed Map �'o.
1�901; Chula Vista Tract I�ro. 11-OS Otay Ranch Village 2, Neighborhood R-9B (Final �Map);
and
WHEREAS, Villaee II of Otav HB SUB; GP subsequently transferred o��nership of Ota}�
Ranch Villa�e 2 Nei�hborhood R-9B to CoRa Bella, LLC, ("Developer_,,or "ONmer"); and
WHEREAS; as part of the Supplemental Subdivision Improvement Agreement filed with
the Final Map, the Developer �vas required to enter into a Grant of Easements, License and
Maintenance Agreement ("Agreement") with the City; and
WHEREAS, tl�e Development Services Director has reviewed the proposed activity for
compliance with the Califomia Environmental Quality Act (C�QA) and has determined that the
activity is not a "Projecr� as defined under Section ]5378(b)(2) of the State C�QA Guidelines;
therefore, pursuant to Section 1�060(c)(2) of the State CEQA Guidelines the activity in not
subject to CEQA. Thus, no em=ironmental review is required; and
WHEREAS; the proposed Agreement would allow and obligate Developer or a successor
in interest to perpetuall�� maintain the street trees, landscaping, private stormdrain; and other
facilities ���ithin the right-of-way for the development known as the Otay
Ranch Village 2 Neighborhood R-9B.
NOW, TH�REPORE, B� IT RESOLV�D by tl�e Ciry Council of the City of Chula
Vista, that it hereby approves the Grant of Easements, License and Maintenavice Agreement
between Corta Bella, LLC; and the City of Chula Vista for Otay Ranch Village 2 Neighborhood
R-9B; in the form presented, as ma}� have been modified by the Council prior to its approval and
���ith such minor modifications as may be required or approved by the City Attorney; a copy of
which shal] be kept on file in the Office oFthe City Clerk.
Presented bv Approved as to form �
� Kelly G. Brouahton �/ G
Development Services Director �`a2 City Attorney
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TI� ATTACHED AGREEi��\�T' HAS BEE\T REVIE���ED
AI�iD APPROVED AS TO FORA7 BI' THE CITY
ATTOR\TEY�S OFFICE AI�TD ��IJILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COLTNCIL
/ �1 Glen . oogi s
��I` City Attomey
Dated: d —'/
GRANT OF EASEME\TTS A\TD MAINTEI�TANCE AGREE\�IE\iT
BETWEEI�7
THE CITY OF CHULA VISTA AI�rD
OTAY RANCH VILLAGE II SLTN 6/8. LLC
FOR
CHULA VISTA TRACT \TO. 11-OS
OTAY RAI�'CH VILLAGE 2 NORTH
i�]EIGHBORHOOD R-8A. i�fAP NO. 15900
MOI�TTECITO AT OTAY RAI�TCH
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RECORDING REQUESTED BY:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(SPACE ABOVE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 11-05, OTAY RANCH VILLAGE 2 NORTH
NEIGHBORHOOD R-SA, Map No. 15900
MONTECITO AT OTAY RANCH
(DEDICATED EASEMENTS)
This GR4NT OF EASEMENTS AND MAINTENANCE AGREEMENT ("AgreemenY') is made as
of this 6th day of�eptemher , 2013, by and between the CITY OF CHULA VISTA, a municipal
corporation ("City"), and OTAY RANCH VILLAGE II SUN 6/8, LLC, a Delaware limited liability company
("ORV II").
RECITALS
A. This Agreement concerns and affects the real property located in Chula Vista, California,
more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The
Property is part of the overall planried residential development project commonly known as the "Montecito
at Otay Ranch" community. For purposes of this Agreement, the term "ProjecY' shall refer to the overall
Montecito at Otay Ranch community, including, but not limited to, the Property.
B. ORV II is the owner of the Property and a "Merchant Builder" under that certain
Declaration of Covenants, Conditions and Restrictions of Montecito at Otay Ranch recorded on
October 4, 2005 as Document No. 2005-0856104 in the Office of the County Recorder of San Diego
County, California (as amended and supplemented from time to time, "Community Declaration"). The
Community Declaration provides for MONTECITO AT OTAY RANCH COMMUNITY ASSOCIATION, a
California nonprofit mutual benefit corporation ("Community Association"), to maintain certain areas in
the Project. Capitalized terms not otherwise defined herein shall have the same meanings set foRh in the
Community Declaration.
C. The Property is covered by that certain final map ("Final Map") described on Exhibit "A"
attached hereto and referenced in the title to this Agreement.
D. In order for ORV-II to obtain the Final Map and for the City to have assurence for the
maintenance of ceRain areas within the public right-of-ways shown on the Final Map (collectively, "Public
Right-of-Ways"), a condition of approval set forth in City Council Resolution No. 2006-157 for approval of
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the Final Map for the Property ("City Resolution") requires that those areas be maintained. The Public
Right-oi-Ways to be dedicated to the public on the Final Map are shown on Exhibit "B" attached hereto
as "Stow Grove Avenue", "Pyramid Peak Streef', "Astor Court" and a portion of "Cathedral Oaks Road".
The portions of the Public Right-of-Ways to be maintained consist of landscaped parkways and are
described on Exhibit "B" as "Parkway to be Maintained by HOA" and are collectively referred to herein
as the "Community Association Maintained Parkways."
E. The City desires to grant to ORV-II easements upon, over and across the Public Rightof-
Ways for purposes of maintaining the Community Association Mainiained Parkways as shown on
Exhibit "B", thereby satisfying ihe condition of approval in the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grent of Easements. The City hereby grants to ORV-II and its agents, successors and
assigns, non-exclusive easements and rights-of-way over and across the Public Right-0f-Ways for the
purpose of maintaining; repairing and replacing landscaping improvements aocated in the Community
Association Maintained Parkways. These grants are made without any warranties of any kind, express or
implied, other than the warranty stated in Section 12(� below.
2. Maintenance Obliqations.
(a) ORV-II to Initially Maintain. ORV-II hereby covenants and agrees, at its sole
cost and expense, to mainiain, repair and replace, or cause to be maintained, repaired or rep�aced, those
improvements within the Community Association Maintained Parkways which are described on
Exhibit "C" attached hereto, at a level equai to or better than the level of maintenance which is
acceptable to the Director of Public Works Operations, at his/her discretion and equivalent to City or
Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term
"Maintenance" or "maintain" shall mean the maintenance, repair, the provision of water and replacement
obligations described herein and on Exhibit "C" hereto and shall also inciude repair and replacement at
no cost to the City of any City owned propeRy that is damaged during performance of the maintenance
responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of
the City.
(b) Transfer to Community Association. Upon ORV-II's transfer of maintenance
obligations to the Community Association, (i) the Community Association shall become obligated to
perform the obligations so transferred, and (ii) subject to the requirements of Section 3 below having
been satisfied, ORV-II shall be released from such obligation. Transfer of maintenance obligations to the
Communiry Association may be phased (that is, there may be:multiple transfers). Upon commencement
of the Community Association's maintenance obligations pursuant to this Section 2, the Community
Association Maintained Parkways shall constitute "Common Mainienance Area" as that term is defined in
the Community DeGaration.
ORV-II represents to the City that it intends to, and has the authority to, unilaterally transfer said
maintenance obligations to the Community Association and that such transfer has been provided for in
Section 3(a)(ii) below.
3. Assiqnment bv ORV-II and Release of ORV-II.
(a) Assignment. Upon ORV-II's transfer of the maintenance obliaations to the
Community Association, it is intended by the paRies that the Community Association shall perform the
maintenance obligations either itself or by contractors. Such transfer will release ORV-II from its
obligations only if all of the following occur:
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(i) CommuniN Association Accepts Obliqation. The Community Association
has unconditionally accepted and assumed all of ORV-II's obligations under this
Agreement in writing, such assignment provides that the burden of this Agreement
remains a covenant running with the land, and the assignee expressly assumes the
obligations of ORV-II under this Agreement. The assignment shall also have been
approved by the appropriate governing body of the Community Association by resolution
or similar procedural method and approved as to form and content by the City Attorney.
The City shall not unreasonably withhold its consent to such assignment.
(ii) Communitv Declaration. The City has confirmed that there have been no
modifications to the recorded Community Declaration previously approved by the City, to
any of the following provisions: the Community Association shall be responsible for all
Community Association Maintained Parkways, the Community Association shall
indemnify the City for all claims, demands, causes of actions, liability or loss related to or
arising from the maintenance activities, and the Community Association shall not seek to
be released by the City from the maintenance obligations of this Agreement, without the
prior written consent of the City and one hundred percent (100°/a) of the holders of first
mortgages or owners of the Property.
(iii) Communitv Association Insurance. The Community Association
maintains a policy of general liability insurance which at least meets the requirements of
Section 11.1.2 of the Community Declaration. The Community Association shall provide
the City with a Certificate of Insurance upon procurement of the policy as set forth above.
This Section 3(a) may not be amended without the written consent of the Director of
Development Services and the City Attorney.
(b) Release. When all conditions precedent in Section 3(a) are fulfilled, ORV-II
shall be released from its obligations under this Agreement, including its security and insurance
requirements. ORV-II acknowledges that it has a contractual obligation to perform the terms and
conditions of this Agreement until and unless released by the City from this Agreement. At least sixty(60)
days prior to such transfer, ORV-II shall give a notice to the City of ORV-II's intent to transfer its
maintenance obligations herein.
4. Indemnitv. ORV-II shall defend, indemnify and hold harmless the City, its offcers, agents
and employees, from any and all actions, suits, claims, damages to persons or property, costs including
attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss'of any sort (herein
"claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of or
arising out of or in connection with the use, maintenance, or repair of the Community Association
Maintained Parkways. ORV-II shall not have any liability under this Section by reason of the Community
Association's failure to maintain.
5. Indemnitv of Communitv Association. The Community Association's assumption of
the maintenance and other obligations hereunder shall be subject to the terms and provisions of this
Agreement, including, without limitation, the following indemnification provisions:
Indemnitv. The Community Association shall defend, indemnity and hold harmless the
City, its officers, agents and employees, from any and all actions, suits, claims, damages
to persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which
result from the Community Association's failure to comply with the requirements of the
obligations transferred to the Community Association. The Community Association shall
not have any liability under this indemnity by reason of another party's failure to maintain,
excepting ihat of any contractor engaged by the Community Association to perform such
obligations. It is specifically intended that the City shall have the right to enforce this
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indemnity. This indemnity may not be amended without the prior written consent oi the
Director o�Development Services and the City Attorney.
6. Aareement Bindinq Upon Anv Successive Parties. This Agreement shall be binding
upon ORV-II and any successor Merchant Builder to ORV-II under the Community Declaration. This
Agreement shall be binding upon the Community Association upon transfer of maintenance obligations to
the Community Association. This Agreement shall inure to the benefit of the successors and assigns of
the parties as to any or all of the Property.
7. Aqreement Runs 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. The 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 such covenants running with the land have been provided, without
regard to whether the City has been, remained or are owners of any paRicuiar 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.
8. Governinq Law. This Agreement shall be governed and construed in accordance with
the laws of the Siate of California.
9. Effective Date. The terms and conditions of this Agreement shall be effective as of the
date this Agreement is recorded in the Office of ihe County Recorder of San Diego County, California.
10. Counteraarts. This Agreement may be executed in any number of counterparts, each or
which shall be an original and all of which shall constitute one and the same document.
11. Recordinq. The parties shall cause this Agreement to be recorded in the Office of the
County Recorder of San Diego County, California within thirty (30) days after this Agreement has been
approved by the City Council.
12. Miscellaneous Provisions.
(a) 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 United States mail, certified or registered mail, return receipt requested, firstclass postage
prepaid, addressed to the address indicated in this Agreemeni. A party may change such address for the
purpose of this Section by giving written notice of such change to the other party.
If To City: CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue -
Chula Vista, California 91910
Attn: City Engineer
If To ORV-II: OTAY RANCH VILLAGE II SUN 6/8, LLC
c!o Heritage Building & Development, Inc.
4350 Executive Drive, Suite 305
San Diego: California 92�21
Attn: Mr. Steven E. Baldwin
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With a Copy To: DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, California 92101
Attn: Marianne F. Adriatico, Esq.
If To Community MONTECITO AT OTAY RANCH COMMUNITY
Association: ASSOCIATION
clo Walters Management
9665 Chesapeake Drive, Suite 300
San Diego, California 92123
Attn: Ms. Melinda Young
(b) Caotions. 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.
(c) Entire Aqreement. 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.
(d) Recitals: Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, ORV-II, its agents and employees, shall comply with any and all applicable federal, state and
local rules, regulations, ordinances, policies, permits and approvals.
(f) Authoritv of Siqnatories. Each signatory and party hereto hereby warrants and
represents to the other paRy 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
said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated or rescinded, in
whole or in part, except by written instrument duly executed and acknowledged by the parties hereto,
their successors or assigns, and duly recorded in the Office of the County Recorder of San Diego County,
California.
(h) Severabilitv. 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
circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be
enforced to the fullest extent permitted by law.
(i) Preparation of Aqreement. No inference, assumption or presumption shall be
drawn from the fact that a party or its 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.
[Remainder of Page Intentionally Left Blank. Signatures Contained on Next Page]
5
DM21417053 i 4
osiosizo,s 5-1 2
IN WITNESS WHEREOF, the pa�ies hereto have caused this Agreement to be executed the day
and year first set forth above.
City: CITY OF CHULA VISTA, a municipal corporation
By:
Cheryl Cox, Mayor
By:
Its:
Attest:
By:
Donna Norris, City Clerk - '
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
ORV-II: OTAY RANCH VI�LAGE II SUN 618, LLC, a
Delaware limited liability company
By: HERITAGE BUILDING AND
DEVELOPMENT, Inc., a California
corpo�ation
Its: Agent
BY /
ItS: SEN W Z P'LaJE,�S MANA(�2
6
oM2�a;�a:ai._
09/O6/2013 5-13
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here insert name and title of the officer), personally appeared
, 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/herltheir 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 PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF Gv� } { )
On�c=vn�[/ � �'i3 , before me, � �1 5�^ �"��`11� nU�`i') �hh'1 L
'� (here insert name and title of the o�cer)� y
personally appeared n� ��� S S �c
, who proved to me on the basis of satisfactory evidence to be the personj;�)
whose name� is/are subscribed to the within instrument and acknowledged to. me that he/sHefthey
executed the same in r}is/Mer-fikeir authorized capacity(ies), and that by his/herltheir signature(�) on the
instrument the personQ.f), or the entity upon behalf of which the person(�j 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 � (Seal)
_ CRISTIN BEACL
Commission e 1996D57
.�Z :'� Notary Public -CaliPornia i
z -'- San Diego Counry '
M Comm.Expires Nov 25,2D16 r
7
DM2\4�70537.4
09/0612073 5-14
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here insert name and trtle of the o�cer), personally appeared
• , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within insirument and
acknowledged to me that helshe/they executed ihe same in his/her/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 PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here inseR name and fitle of the o�cer)
personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in his/her/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 instrumeni.
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 o�ciai seal.
Signature (Seal)
8
�Jn+z�<��ca7�.a
oe�oerzo�s 5-15
EXHIBIT "A"
Legal Description
All of that ceRain real property located in the City of Chula Vista, County of San Diego, State of California,
described as follows:
LOTS 1 THROUGH 10, INCLUSIVE, AND 13 THROUGH 49, INCLUSIVE, OF CHULA
VISTA TRACT NO. 11-05, OTAY RANCH VILLAGE 2 NORTH NEIGHBORHOOD R-8A,
IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. �5900, FILED IN THE OFFICIAL RECORDS OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON
FEBRUARY 25, 2013.
Exhibit "A"
DM2\4170531.4
09l06/2013 . 5-� 6
EXHIBIT "B"
Plat Showing Community Association Maintained Parkways
Exhibit "B"
DM21a770537 C
09lO6I2073 5_1 7
SHEET 1 OF 1
OLYMPIC PAR�AY
4i INDICA7f5 PARKW,4Y 70
E� c BE MAlN7AlNED BY
ti COMMUNl1Y ASSOCIATION
11 �
� 2
� \\ l
I \ \
� \�� �
� \ \
\� \\
�'�° � \
�Q
_�� 10 LOT 'A" \\� \�.
c¢i o 9 13 24 25 �
14 23 26 \�
� ; 15 22 27 \�
B � 16 21 [F 28
� w V 31
� 7 0 17 20 a 29 32
6 V y 30 33 :
I 18 19 ¢
5 � 34
+ �n PYR.9M/D PEAX ST.
I 4
T 46 45 44 43 42 41 40 39 38 37 36 35
3 �
� 1 48 � �—�� �—� ��—�T �
CARPINTERIA STREET
�-
EXHIBIT "B"
HUNSAKER CHULA VISTA TRACT NO. 06-OS
� � & ASSOCIATES OTAY RANCH VILLAGE 2
5 " " ° � ` ` °, � " ` NEIGHBORHOOD R-8A
PIANNING 4/W Waples Streec
ENLMfERING San Diegq Ca 92711
SURVEYING PH(858)558�4500�FX(859155&W14 All�'llSt, 21 2�13
R\0650\kMap\E% V. 2 R-8A Mointenance Responsibility.dwg w.o. 2807-40 0 �
5-18
EXHIBIT "C"
Maintenance Responsibilities
Community Association I
Area Maintenance City of Chula Vista Maintenance
Community Association Landscaping in the parkways Maintenance of curb, gutter,
Maintained Parkways inGuding irrigation, trimming and sidewalks and pavement.
shown on Exhibit "B". pruning of trees, and maintenance
and irrigation of turf areas, and
maintenance of any project signage
or similar project monumentation.
Exhibii"C"
onaz�a;;osa�=
09/06I2073 cJ_� 9
THE ATTACHED AGREEMENT HAS BEEN REVIE«�ED
AI�iD APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGI�TED UPON APPROVAL BY
THE CITY COUNCIL
/ Gl . '
X��`" City Attorney
Dated: ����
��,
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA AND
SUNRISE CORTA BELLA, LLC
FOR
CHULA VISTA TRACT NO. 11-OS
OTAY RANCH VILLAGE 2 NORTH
NEIGHBORHOOD R-8B, MAP NO. 15904
MONTECITO AT OTAY RANCH
5-20
RECORDING REQUESTED BY:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.�
� (SPACc ABOVE rOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 11-05, OTAY RANCH VILLAGE 2 NORTH
NEIGHBORHOOD R-86, Map No. 15904
MONTECITO AT OTAY RANCH
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("AgreemenY') is made as
of this 9th day of September , 2013, by and between the CITY OF CHULA VISTA, a municipal
corporation ("City"), and SUNRISE CORTA BELLA, LLC, a' Cal'rfornia limited liability company
("Sunrise").
RECITALS
A. This Agreement concerns and affects the real property located in Chula Vista, Cal'rfornia,
more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The
Property is part of the overall planned residential development project commonly known as the "Moniecito
at Otay Ranch" community. For purposes of this Agreement, the term "ProjecY' shail refer to the overall
Montecito at Otay Ranch community, including, but not limited to, the Properiy.
8. Sunrise is the owner of the Property and a "Merchant Builder" under that ceRain
Declaration of Covenants, Conditions and Restrictions of Montecito at Otay Ranch recorded on
October 4, 2005 as Document No. 2005-0856104 in the Office of the County Recorder of San Diego
County, California (as amended and supplemented from time to time, "Community Declaration"). The
Community Declaration provides for MONTECITO AT OTAY RANCH COMMUNITY ASSOCIATION, a
Cal'rfornia nonprofit mutual benefit corporation ("Community Association"), to maintain certain areas in
the Project. Capitalized terms not othenvise defined herein shall have the same meanings set forth in the
Community Declaration.
C. The Property is covered by that certain final map ("Final Map") described on Exhibit "A"
attached hereto and referenced in the title to this Agreement.
D. In order for Sunrise to obtain the Final Map and for the City to have assurance for the
maintenance of certain areas within the public right-of-ways shown on the Final Map (collectively, "Public
Right-of-Ways"), a condition of approval set forth in City Council Resolution No. 2006-157 for approval of
�
DM21at3ec70.2
09/O6/ZO i 3 5—2�
the Final Map for the Property ("City Resolution") requires that those areas be maintained. The Public
Right-of-Ways to be dedicated to the public on the Final Map are shown on Exhibit "B" attached hereto
as "Santa Ivy Avenue" and "Carpinteria Street". The portions of the Public Right-of-Ways to be
maintained consist of (i) landscaped parkways that are described on Exhibit "B" as "Parkway to be
Maintained by HOA" and are collectively referred to herein as the "Community Association Maintained
Parkways", and (ii) private storm drains that are described on Exhibit "C" as "Storm Drains to be
Maintained by HOA and are collectively referred to herein as the "Community Association Maintained
Storm Drains".
E. The City desires to grant to Sunrise easements upon, over and across the Public Right-
of-Ways for purposes of maintaining the Community Association Maintained Parkways as shown on
Exhibit "B" and the Community Association Maintained Storm Drains as shown on Exhibit "C", thereby
satisfying the condition of approval in the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
_
-
1. Grent of Easements. The City hereby grants to Sunrise and its agents, successors and
assigns, non-exclusive easements and rights-of-way over and across the Public Right-of-Ways for the
purpose of maintaining, repairing and replacing (i) landscaping improvements located in the Community
Association Maintained Parkways and (ii) storm drain improvements, including inlets and catch basins,
located in ihe Community Association Maintained Storm Drains. These grants are made without any
warranties of any kind, express or implied, other than the warranty stated in Section 12(� below.
2. Maintenance Obliqations.
(a) Sunrise to Initially Maintain. Sunrise hereby covenants and agrees, at its sole
cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those
improvements within the Community Association Maintained Parkways and the Community Association
Maintained Storm Drains, which are described on Exhibit "D" attached hereto, at a level equal to or
better than the level of maintenance which is acceptable to the Director of Public Works Operations, at
his/her discretion and equivalent to City or Community Facilities District maintained right-of-way facilities.
For purposes of this Agreement, the term "Maintenance" or "maintain" shall mean the maintenance,
repair, the provision of water and replacement obligations described herein and on.Exhibit "D" hereto
and shall also include repair and replacement at no cost to the City of any City owned property that is
damaged during performance of the maintenance responsibilities pursuant to this Agreement.
Exhibit "D" also refers to the maintenance responsibilities of the City.
(b) Transfer to Community Association. Upon Sunrise's transfer of maintenance
obligations to the Community Association, (i)the Community Association shall become obligated to
perform the obligations so transferred, and (ii) subject to the requirements of Section 3 below having
been satisfied, Sunrise shall be released from such obligation. Transfer of maintenance obligations to the
Community Association may be phased (that is, there may be multiple transfers). Upon commencement
of the Community Association's maintenance obligations pursuant to this Section 2, the Community
Association Maintained Parkways and the Community Association Maintained Storm Drains shall
constitute "Common Maintenance Area" as that term is defined in the Community Declaration.
� Sunrise represents to the City that it intends to, and has the authority to, unilaterally transrer said
maintenance obligations to the Community Association and that such transfer has been provided for in
Section 3(a)(ii) below.
3. Assiqnment bv Sunrise and Release of Sunrise.
(a) Assignment. Upon Sunrise's transfer of the maintenance obligations to the
Community Association, it is intended by the parties that the Community Association shall perform the
2
DM2\a4366102
09/O6/2073 5-2 2
maintenance obligations either itself or by contractors. Such transfer will release Sunrise from its
obligations only if all of the following occur:
(i) Communitv Association Accepts Obliqation. The Community Association
has unconditionally accepted and assumed all of Sunrise's obliaations under this
Agreement in writing, such assignment provides that the burden of this Agreement
remains a covenant running with the land, and the assignee expressly assumes the
obligations of Sunrise under this Agreement. The assignment shall also have been
approved by the appropriate governing body of the Community Association by resolution
or similar procedural method and approved as to form and content by the City Attorney.
The Ciry shall not unreasonably withhold its consent to such assignment.
(ii) CommuniN Declaration. The City has confirmed that there have been no
modifications to the recorded Community Declaration previously approved by the City, to
any of the following provisions: the Community Association shall be responsible for all
Community Association Maintained Parkways and Community Association Maintained
Storm Drains, the Community Association shall indemn'rfy the City for all ciaims,
demands, causes of actions, liability or loss related to or ansing from the maintenance
activities, and the Community Association shall not seek to be released by the City from
the maintenance obligations of this Agreement, without the prior written consent of the
City and one hundred percent (100%) of the holders of first mortgages or owners of the
PropeRy.
(iii) Communitv Association Insurance. The Community Association
maintains a policy of general liability insurance which at least meets the requirements of
Section 11.1.2 of the Community Declaration. The Community Association shall provide
the City with a Certificate of Insurance upon procurement of the policy as set forth above.
This Section 3(a) may not be amended without the written consent cf the Director of
Development Services and the City Attorney.
(b) Release. When all conditions precedent in Section 3(a) are fulfilled, Sunrise
shall be released from its obligations under this Agreement, including its security and insurance
requirements. Sunrise acknowledges that it has a contractual obligation to perform the terms and
conditions of this Agreement until and unless released by the City from this Agreement. At least sixty(60)
days prior to such transfer, Sunrise shall give a notice to the City of Sunrise's intent to transfer its
maintenance obligations herein.
4. Indemnitv. Sunrise shall defend, indemnify and hold harmless the City, its o�cers,
agents and employees, from any and all actions, suits, claims, damages to persons or property, costs
including attorneys fees, penalties, obligations, ertors, omissions, demands, liability, or loss of any sort
(herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of
or arising out of or in connection with the use, maintenance, or repair of the Community Association
Maintained Parkways and/or the Community Association Maintained Storm Drains. Sunrise shall not
have any liability under this Section by reason of the Community Association's failure to maintain.
5. Indemnitv of Communitv Association. The Communiry Association's assumption of
the maintenance and other obligations hereunder shall be subject to the terms and provisions of this
Agreement, including, without limitation, the following indemnification provisions:
Indemni . The Community Association shall defend, indemnity and hold harmless the
City, its o�cers, agents and employees, from any and all actions, suits, claims, damages
to persons or property, costs including attorne�s fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which
result from the Community Association's failure to comply with the requirements of the
obligations transferred to the Community Association. The Community Association shall
3
DM21�366 i0.2 '
oa�oeizo�3 5—2 3
not have any liability under this indemnity by reason of another party's failure to maintain,
excepting that of any contractor engaged by the Community Association to perform such
obligations. It is specifcally intended that the City shall have the right to enforce this
indemnity. This indemnity may not be amended without the prior written consent of the
Director of Development Services and the City Attorney.
6. Aqreement Bindinq Upon Anv Successive Parties. This Agreement shall be binding
upon Sunrise and any successor Merchant Builder to Sunrise under the Community Declaration. This
Agreement shall be binding upon the Community Association upon transfer of maintenance obligations to
the Community Association. This Agreement shall inure to the benefit of the successors and assigns of
the parties as to any or all of the Property.
7. Aqreement Runs 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-interesi thereto. The 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 such covenants running with the land have been provided, without
regard to whether,the City has been, remained or is an owner of any particulaF 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 ihe curing of such
breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled.
8. Governinq Law. This Agreement shall be governed and construed in accordance with
the laws of the State of Califomia.
9. Effective Date. The terms and conditions of this Agreement shall be effective as of the
date this Agreement is recorded in the O�ce of the County Recorder of San Diego County, California.
10. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be an original and all of which shall constitute one and the same document.
11. Recordinq. The parties shall cause this Agreement to be recorded in the Office of the
County Recorder of San Diego County, California within thirty (30) days after this Agreement has been
approved by the City Council.
12. Miscellaneous Provisions.
(a) 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 United States mail, certified 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 Section by giving written notice of such change to the other party.
If To City: CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Engineer
If To Sunrise: SUNRISE CORTA BELLA, LLC
280 Newport Center Drive, Suite 240
Newport Beach, California 92660
Attn: Mr. Shawn Baldwin
4
DM2\44366�02
osiosizo,s 5-24
With a Copy To: DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, Cal'rfornia 92101
Attn: Marianne F. Adriatico, Esq.
if To Community MONTECITO AT OTAY RANCH COMMUNITY
Association: ASSOCIATION
c/o Walters Management
9665 Chesapeake Drive, Suite 300
San Diego, California 92123
Attn: Ms. Melinda Young
(b) Caotions. 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.
(c) Entire Aqreement. 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 oiher agreement between the parties unless expressly noted.
(d) Recitals: Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Comoliance With Laws. In the performance of its obligations under this
Agreement, Sunrise, its agents and employees, shall comply with any and all applicable federal, state and
local rules, regulations, ordinances, policies, permits and approvals.
(� Authoritv of Siqnatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its principai to
enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable
said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated or rescinded, in
whole or in part, except by written instrument duly executed and acknowledged by the parties hereto,
their successors or assigns, and duly recorded in the Office of the County Recorder of San Diego County,
California.
(h) Severabilitv. 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, covenani or condition to person or
circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be
enforced to the fullest extent permitted by law.
(i) Preoaration of Aqreement. No inference, assumption or presumption shall be
drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be
conclusiveiy presumed that both parties participated equally in the preparation and/or drafting of this
Agreement.
[Remainder of Page Intentionally Left Blank. Signatures Contained on Next Page]
5
DM9�36o i0.2
�/06/29 i 3
5-25
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first set forth above.
City: CITY OF CHULA VISTA, a municipal corporetion
By:
Cheryl Cox, Mayor
By:
Its:
Attest:
By:
Donna Norris, City Clerk -'
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
Sunrise: SUNRISE CORTA BELLA, LLC, a California
limited liability company
By: �/���
� I15: SE�1fOR-� PKCJFL-T MANAGE2
6
DM2144360"�02
09/O6/2013 5_n C
LU
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here insert name and title of the officer), personally appeared
, who proved to me on the basis oi
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/shelthey executed the same in his/her/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 cert'rfy under PENALTY OF PERJURY under the laws of the State of Cal'rfornia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF S�'^� )
On ? ti � Zt�l , beforeme, . 11S,�1.. f��� � , I IV�� ,��1��� �-
(here insert name and title of the o�cer)
personaliy appeared �� L,4�U,F � �
, who proved to me on the basis of satisfactory evidence to be the person�s)
whose name(�S) islare subscribed to the within instrument and acknowledged to me that he/sHe;fhey
executed ihe same in his/MerrEHeir authorized capacity(ies), and that by hislhedtl�eir sianature(�) on the
instrument the person(�, or the entity upon behalf of which the person(ij'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 o�cial seal.
Signature (Seal)
�
� �_ CRISTIN BEALL
' Commission A 799fi057
��Z ..a Notary Pu61ic -California z
z San Diego Counry �
My Comm.Expi�es Nov 25,2016 J
7
DM21�366101
09/0612013 5_n 7
L
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here insert name and title of the officer), personally appeared
, 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 helshe/they executed the same in his/her/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 PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here inseR name and title of the o�cer)
personally appeared
, 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 hislher/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 (Seal)
8
DM214a366102
09/O6/2013 5—2�
EXHIBIT "A"
Legal Description
All of that certain real property located in the City of Chula Vista, County of San Diego, State of California,
described as follows:
LOTS 1 THROUGH 29, INCLUSIVE, OF CHULA VISTA TR,4CT NO. 11-05,
OTAY RANCH VILLAGE 2 NORTH NEIGHBORHOOD R-88, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 15904, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNN, CALIFORNIA ON MARCH 14, 2013.
Exhibit"A"
DM21�3o070.2
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EXHIBIT "B"
Plat Showing Community Association Maintained Parkways
Exhibit "B"
DM2\44366102
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SHEET 1 OF 1
lNDICAiES PARKWAY TO
Bf MAINTAINED BY
COMMUNIIY ASSOGATION
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CARP/NTERIA STREET
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EXHIBIT "B"
H U N SA K E R CHUL:A vISTA 1-RACT N0. 11-05
� � & ASSOCIATES OTAY RA��1CH VII.LAGE 2
5 " h ° ' ` ` °. � " ` NEIGHBORHOOD R-8B
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5-31
EXHIBIT "C"
Plat Showing Community Association Maintained Storm Drains
Exhibit °C'
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SHEET 1 OF 1
- - - - lND/CATES HDPE STORM
� DRAIN TO 8f MA/NTAINED
BY COMMUNlTY ASSOCIAIION
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EXHIBIT "C"
HUNSAKER CHULA VISTA TRACT N0. 11-OS
S � & ASSOCIATES OTAY RANCH VILLAGE 2
: � N o i E c a � N � �IEIGHBORHOOD R-8B
pUNNING 9iW Wapl�Stree[
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5-33
EXHIBIT "D"
Maintenance Responsibilities
Community Association
Area Maintenance Cit of Chula Vista Maintenance
Community Association Landscaping in the parkways Maintenance of curb, gutter,
Maintained Parkways including irrigation, trimming and sidewalks and pavement.
shown on Exhibit "B". pruning of trees, and maintenance
and irrigation of turf areas, and
maintenance of any project signage
or similar project monumentation.
Community Association Maintenance of storm drain None.
Maintained Storm improvements, including inlets and
Drains shown on catch basins.
Exhibit "C". _-
Exhibit "D"
DM2\44366102
osiosizo,s 5-34
THE ATTACHED AGREEMEI�rf HAS BEEI�T REVIE��TED
A\TD APPROVED AS TO FORI�4 BI' THE CITI'
ATTORI�TEY'S OFFICE AI�TD ��'II L BE
FORMALLI' SIGNED UPON APPROVAL BY
THE CITY COUI�'CIL
��
Glen . og ns
� � City Attorney �
Dated: ��d /3
GRAI`TT OF EASEMEI�TTS AI�TD MAFI�TTEN�\TCE AGREEMENT
BETVVEEN
THE CITY OF CHULA VISTA Ai�1D
SUI�iRISE CORTA BELLA. LLC
FOR
CI-IULA VISTA TRACT NO. 11-0�
OTAY RA\TCH VILLAGE 2 NORTH
I�7EIGHBORHOOD R-9B. MAP NO. 15901
MONTECITO AT OTAY RANCH
5-35
�
RECORDING REQUESTED BY:
City Cle�k
City of Chula Vista
276 Fourth Avenue
Chula Vista, Califomia 919�0
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(SPACE ABOVE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 11-05, OTAY RANCH VILLAGE 2 NORTH
NEIGHBORHOOD R-9B, Map No. 15901
MONTECITO AT OTAY RANCH
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("AgreemenY') is made as
of this 9th day of September , 2013, by and between the CITY OF CHULA VISTA, a municipal
corporation ("City"), and SUNRISE CORTA BELLA, LLC, a California limited liability company
("Sunrise").
RECITALS
A. This Agreement concerns and affects the real property located in Chula Vista, California,
more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"). The
Property is paR of the overall planned residential development project commonly known as the "Montecito
at Otay Ranch" community. For purposes of this Agreement, the term "ProjecY' shall refer to the overall
Montecito at Otay Ranch community, including, but not limited to, the Property. ,
B. Sunrise is the owner of the Property and a "Merchant Builder" under that certain
Declaration of Covenants, Conditions and Restrictions of Montecito at Otay Ranch recorded on
October 4, 2005 as Document No. 2005-0856104 in the Office of the County Recorder of San Diego
County, California (as amended and supplemented from time to time, "Community Declaration"). The
Community Declaration provides for MONTECITO AT OTAY RANCH COMMUNITY ASSOCIATION, a
California nonprofit mutual benefit corporation ("Community Association"), to maintain certain areas in
the Project. Capitalized terms not othenvise defned herein shall liave the same meanings set forth in the
Community Declaration.
C. The Property is covered by that certain final map ("Final Map") described on Exhibit "A"
attached hereto and referenced in the title to this Agreement.
D. In order for Sunrise to obtain the Final Map and for the City to have assurance for the
maintenance of certain areas within the public right-of-ways shown on the Final Map (collectively, "Public
Right-of-Ways"), a condition of approval set forth in City Council Resolution No. 2006-157 for approval of
1
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the Final Map for the Property ("City Resolution") requires that those areas be maintained. The Public
Right-of-Ways to be dedicated to the public on the Final Map are shown on Exhibit "B" attached hereto
as "Pershing Road", "Santa Alexia Ave�ue", "Santa Ivy Avenue", and "Carpinteria StreeY'. The portions
of the Public Right-of-Ways to be maintained consist of (i) landscaped parkways that are described on
Exhibit "B" as "Parkway to be Maintained by HOA" and are collectively referred to herein as the
"Community Association Maintained Parkways", and (ii) private storm drains that are described on
Exhibit "C" as "Storm Drains to be Maintained by HOA and are collectively referred to herein as the
"Community Association Maintained Storm Drains".
E. The City desires to grant to Sunrise easements upon, over and across the Public Right-
of-Ways for purposes of maintaining the Community Association Maintained Parkways as shown on
Exhibit "B" and the Community Association Maintained Storm Drains as shown on Exhibit "C", thereby
satisfying the condition of approval in the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to Sunrise and its agents, successors and
assigns, non-exclusive easements and rights-of-way over and across the Public Right-oi-Ways for the
purpose of maintaining, repairing and replacing (i) landscaping improvements located in the Community
Association Maintained Parkways and (ii) storm drain improvements, including inlets and catch basins,
located in the Communiry Association Maintained Storm Drains. These grants are made without any
warranties of any kind, express or implied, other than the warranty stated in Section 12(� below.
2. Maintenance Obliaations.
(a) Sunrise to Initially Maintain. Sunrise hereby covenants and agrees, at its sole
cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those
improvements within the Community Association Maintained Parkways and the Community Association
Maintained Storm Drains, which are described on Exhibit "D" attached hereto, at a level equal to or
better than the level of maintenance which is acceptable to the Director of Public Works Operations, at
his/her discretio� and equivalent to City or Community Facilities District maintained right-of-way facilities.
For purposes of this Agreement, the term "Maintenance" or "maintain" shall mean the maintenance,
repair, the provision of water.and replacement obligations described herein and on Exhibit "D" hereto
and shall also include repair and replacement at no cost to the City of any City owned property that is
damaged during performance of the maintenance responsibilities pursuant to this Agreement.
Exhibit "D" also refers to the maintenance responsibilities of the City.
(b) Trensfer to Community Association: Upon Sunrise's transfer of maintenance
obligations to the Community Association, (i)the Community Association shall become obligated to
perform the obligations so transferred, and (ii)subject to the requirements of Section 3 below having
been satisfied, Sunrise shall be released from such obligation. Transfer of maintenance obligations to the
Community Association may be phased (that is, there may be multiple transfers). Upon commencement
of the Community Association's maintenance obligations pursuant to this Section 2, the Community
Association Maintained Parkways and the Community Association Maintained Storm Drains shall
constitute "Common Maintenance Area"as that term is defined in the Community Declaration.
Sunrise represents to the City that it intends to, and has the authority to, unilaterally transfer said
maintenance obligations to the Community Association and that such transfer has been provided for in
Section 3(a)(ii) below.
3. Assiqnment bv Sunrise and Release of Sunrise.
(a) Assignment. Upon Sunrise's transfer of the maintenance obligations to the
Community Association, it is intended by the parties that the Communiry Association shall perform the
2
DM21�-C3E?502
o�weizo�� 5-3 7
maintenance obligations either itself or by contractors. Such transfer will release Sunrise from its
obligations only if all of the following occur:
(i) Communitv Association Acceots Obliqation. The Community Association
has unconditionally accepted and assumed all of Sunrise's obligations under this
Agreement in writing, such assignment provides that the burden of this Agreement
remains a covenant running with the land, and the assignee expressly assumes the
obligations of Sunrise under this Agreement. The assignment shall also have been
approved by the appropriate governing body of the Community Association by resolution
or similar procedural method and approved as to form and content by the City Attorney.
The City shall not unreasonably withhold its consent to such assignment.
(ii) Communitv Declaration. The City has confirmed that there have been no
modifcations to the recorded Community Declaration previously approved by the City, to
any of the following provisions: the Community Association shall be responsible for all
Community Association Maintained Parkways and Community Association Maintained
Storm Drains, the Community Association shall indemnify the City for all claims,
demands, causes of actions, liability or loss related to or a�ising from the maintenance
activities, and the Community Association shall not seek to be released by the City from
the maintenance obligations of this Agreement, without the prior written consent of the
City and one hundred percent (100%) of the holders of first mortgages or owners of the
Property.
(iii) Communitv Association Insurance. The Community Association
maintains a policy of general liability insurance which at least meets the requirements of
Section 11.1.2 of the Community Declaration. The Community Association shall provide
the City with a Certificate of Insurance upon procurement of the policy as set forth above.
This Section 3(a) may not be amended without the written consent of the Director of
Development Services and the City Attorney.
(b) Relea§e. When all conditions precedent in Section 3(a) are fulfilled, Sunrise
shall be released from its obligations under this Agreement, including its security and insurance
requirements. Sunrise acknowledges that it has a contractual obligation to perform the terms and
conditions of this Agreement until and unless released by the City from this Agreement. At least sixty(60)
days prior to such transfer, Sunrise shall give a notice to the City of Sunrise's intent to transfer its
maintenance obligations herein.
4. I�demnitv. Sunrise shall defend, indemnify and hold harmless the City, its officers,
agents and employees, from any and all actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort
(herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or entity because of
or arising out of or in connection with the use, maintenance, or repair of the Community Association
Maintained Parkways and/or the Community Association Maintained Storm Drains. Sunrise shall not
have any liability under this Section by reason of the Community Association's failure to maintain.
5. Indemnitv of Communitv Association. The Community Association's assumption of
the maintenance and other obligations hereunder shall be subject to the terms and provisions of this
Agreement, including, without limitation, the following indemnification.provisions:
Indemnitv. The Community Association shall defend, indemnity and hold harmless the
City, its officers, agents and employees, from any and all actions, suits, claims, damages
to persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which
result from the Community Association's failure to comply with the requirements of the
obligations transferred to the Community Association. The Community Association shall
3
DM2\44389502
osmsrzo,3 5-3 8
not have any liability under this indemnity by reason of another partys failure to maintain,
excepting that of any contractor engaged by ihe Community Association to perform such
obligations. It is spec�cally iniended that the City.shall have ihe right to enforce this
indemnity. This indemniry may not be amended without the prior written consent oi the
Direcior of Development Services and the City Attorney.
6. Agreement Bindinq Upon Anv Successive Parties. This Agreement shall be binding
upon Sunrise and any successor Merchant Builder to Sunrise under the Community Declaration. This
Agreement shall be binding upon the Community Association upon transfer of maintenance obligations to
the Community Association. This Agreement shall inure to the benefit of the successors and assigns of
the parties as to any or all of the Property.
7. Aareement Runs With the Land. The burden of ihe 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. The 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 such covenants running with the land have been provided, without
regard to whether the City has been, remained or is an owner of any particufa� land or interest therein. It
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.
8. Governinq Law. This Agreement shall be governed and construed in accordance with
the laws of the State oi California.
9. Effective Date. The terms and conditions of this Agreement shall be effective as of the
date this Agreement is recorded in the Office of the County Recorder of San Diego County, Cal'rfornia.
10. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be an original and all of which shall constitute one and the same document.
11. Recordinq. The parties shall cause this Agreement to be recorded in the Offce of the
County Recorder of San Diego County, California within thiriy(30) days after this Agreement has been
approved by the City Council.
12. Miscellaneous Provisions.
(a) 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 United States mail, certified 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 Section by giving written notice of such change to the other party.
If To City: CITY OF CHULA VISTA
Department of Public WorkslEngineering Division
276 Fourth Avenue
Chula Vista, California 91910
Attn: City Engineer
If To Sunrise: SUNRISE CORTA BELLA, LLC
280 Newport Center Drive, Suite 240
Newport Beach, Cal'rfornia 92660
Attn: Mr. Shawn Baldwin
c
oMnL��x,.z
o�we�zo,� 5—3 9
With a Copy To: DUANE MORRIS LLP
750 B Street, Suite 2900
San Diego, Califomia 92101
Attn: Marianne F. Adriatico, Esq.
If To Community MONTECITO AT OTAY RANCH COMMUNITY
Association: ASSOCIATION
c/o Walters Management
9665 Chesapeake Drive, Suite 300
San Diego, California 92123
Attn: Ms. Melinda Young
(b) Caotions. 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.
(c) Entire Aqreement. 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.
(d) Recitals: Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Comoliance With Laws. In the performance of its obligations under this
Agreement, Sunrise, its agents and employees, shall comply with any and all applicable federal, state and
local rules, regulations, ordinances, policies, permits and approvals.
(� Authoritv of Siqnatories. 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
said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, terminated or rescinded, in
whole or in part, except by written instrument duly executed and acknowledged by ihe parties hereto,
their successors or assigns, and duly recorded in the Office of the County Recorder of San Diego County,
California.
(h) Severabilitv. 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
circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be
enforced to the fullest extent permitted by law.
(i) Preparation of Aqreement. No inference, assumption or presumption shall be
drawn from the fact that a party or its 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.
[Remainder of Page Intentionally Left Blank. Signatures Contained on Nezt Page]
5
DM214438950.2
09J06/2013 5-4 0
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first set forth above.
City: CITY OF CHULA VISTA, a municipal corporetion
By:
Cheryl Cox, Mayor
By:
Its:
Attest:
By:
Donna Norris, City Clerk =
APPROVED AS TO FORM:
By:
Glen R. Googins, City Attorney
Sunrise: SUNRISE CORTA BELLA, LLC, a Cal'rfornia
limited liability company
By: .����(� "
ItS: SEI,LOQ ���WEL7 MANAGE2
6
DM21'-3E95tl.2
09/06/20�3 5-41
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here inserf name and title of the officer), personally appeared
, 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/her/their signature(s) on the instrument the person(s), or the entity upon behaif 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 (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF � i P )
I � R�
On �Oifrt�,-� � i zt'�3 , beforeme, �15 n ��'��� . l�G���'I �I������
° here msert name and[i le of the�o �ce�
personally appeared i I�����ti� ��
, who proved to me on the basis of satisfactory evidence to be the person(�
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/slae�fHey
executed the same in his/her-fN�eir authorized capacity(+es), and that by his/herlSkaeir signature(S�j on the
instrument the person�, or the entity upon behalf of which the person($� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ (Seal)
,,. CRISTIN BEALL
• Commission # 1996051
_ .F_a�-. .I Notary PuCiic -Califomia =
Z San Diego County �
My Comm. Ezpires Nov 25,2016+
7
DM21d438950.2
osrosizo,s 5-4 2
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here insert name and tifle of the o�cerJ, personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) islare 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/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 PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct:
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , before me,
(here inseR name and title of the o�cer)
personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and acicnowledged to. me that he/shelthey
executed the same in his/her/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 ihe instrument.
I certrfy under PENALTY OF PERJURY under the laws of the State of Calffornia that the
foregoing paragraph is true and correct.
WITNESS my hand and o�cial seal.
Signature (Seal)
8
DM21�=3E950.2
09/06/20i3 5-43
EXHIBIT "A"
Legal Description
All of that certain real property located in the City of Chula Vista, County of San Diego, State of California,
described as follows:
LOTS 4 THROUGH 68, INCLUSIVE, OF CHULA VISTA TRACT N0. 11-05,
OTAY RANCH VILLAGE 2 NORTH NEIGHBORHOOD R-9B, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
' MAP THEREOF NO. 15901, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, CALIFORNIA ON FEBRUARY 25, 2013.
I
Exhibit "A"
DM2\4438950.2
09/O6l20 i 3
5-44
EXHIBIT "B"
Plat Showing Community Association Maintained Parkways
Exhibit "B"
DM21aa389502
o_wos�zc�a 5-45
SHEET 1 OF 1
� lNDlCA7E5 PARKWqY 70
BE MA/NTA/NED BY
COMMUNIIY ASSOGAAON
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EXHIBIT "B"
H U N SA K E R CH[TLA vISTA TRACT N0. 11-0�
� � & ASSOCIATES oTAY R�NCH VILLAGE 2
5 " " ° � ` ` °, � " ` NEIGHBORHOOD R-9B
PUNNING 9707 Waple Streec
ENGINEERING San Dieg0.Ca 92721
SURVEYING PH(858)55&4500�FI((858)55&M14 Jul 2�, 2013
R\105fi\N1ap\E% V. 2 R-98 Maintenance Responsibility.d.g e.o. 2807-26 y
5-46
EXHIBIT "C"
Plat Showing Community Association Maintained Storm Drains
Exhibit "C"
DM214a389502
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SHEET 1 OF 1
— — — — lNDlCA7E5 HDPE STORM
ORAIN l0 BE MAINTAINED
BY COMMUNl7Y ASSOCIArION
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EXHIBIT "C"
HLINSAKER CHIJLA VISTA TRACT N0. 11-05
� � &ASSOCIATES OTAY RANCH VII.,LAGE 2
5 A N o � E � o. � N � NEIGHBORHOOD R-9B
PUNNING 97W Waples Street
ENGINEERING San Diegq Ca 92127
SURVEYING PH(85B)558d500•F7C(859)558•W�4 September 5, 2013
R:\1056\&Eng\Exhi6its\DRE Exhibits\R-98 Mointenonce Responsibility SD ExhC
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EXHIBIT "D"
Maintenance Responsibilities
Community Association
Area Maintenance I Cit of Chula Vista Maintenance
Community Association Landscaping in the parkways Maintenance of curb, gutter,
Maintained Parkways including irrigation, irimming and sidewalks and pavement.
shown on Exhibit "B". pruning of trees, and maintenance
and irrigation of turf areas, and
maintenance of any project signage
or similar project monumentation.
Community Association Maintenance of storm drain None.
Maintained Storm improvements, including inlets and
Drains shown on catch basins.
Exhibit "C". _ =
Exhibit "D"
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