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Home My WebLink About2013/12/10 Item 14 ��. ve�.T � �t....��_I . - ..- -�4A�..:.�� - CITY COUNCIL :_= . .-r �� ._ _ � ��-� AGENDA STATEMENT - = -. . .�-�� . - _ _ — . _ __ -ya,e-�y� �. - -'- ' ��'� \/.Ai1� ��N�F CHULAVISTA 12/10/2013, Item � �1 ' ITE�7 TITLE: ORDINAIQCE OF THE CTTY COUI�'CIL OF THE C]TY OF CHULA VISTA AMEI�TDRv'G THE CITY OF CHULA VISTA COMMUNITI' FACILITIES DISTRICT ORDINAI�'CE TO AUTHORIZE THE.LEVY OF A SPECIAL TAX ON CERTAIN CITY PARK PROPERTY AND TO AUTHORIZE THE DIRECT BILLII�'G OF THE CITY FOR SUCH SPECIAL TAX SUBD4ITTED BY: DIRECTOR OF DEVELOPMEI�TT S�ICES i�� DIRECTOR OF PUBLI �'✓ORKS 'U REVIE�VED BY: CITY MANAGER ASSIST,AIJT CITY NAGER� 4/STHS VOTE: YES ❑ NO � SUn1A'IARY McMillin Otay Ranch LLC has requested that the City conduct proceedings to consider the approval of the formation of a Community Facilities Dish-ict to provide funding for the operation and maintenance oF public landscaping, storm H�ater quality, walls, fencine; trails, pedestrian bridges; liehting, and park improvements for the Eastern Urban Center/Millenia project. In 2009, the City Council approved an Ageement Regazding Construction of Parks in a Portion of Otay Ranch Eastem Urban Center that requires the City to pay part of the cost of public park maintenance. This action amends the Chula Vista Community Facilities District Ordinance ro allow for the City pazk property to be assessed a special tax to ensure collection of the City's portion of the park maintenance and allows the Zone Administrator to directly bill the City each year for the assessment. El��'IRO\'117ENTAL REVIE�i' The Development Services Director has reviewed the proposed activity for compliance with the Califomia Environmental Quality Act (CEQA). and has determined that the activity is not a "ProjecP' as defined under Section 1�378 of the State CEQA Guidelines because the creation of govemment funding mechanism is not considered a project; therefore, pursuant to Section 1�060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus; no environmental review is necessary. 14-1 12/10/2013, Item ��- Page 2 of 3 RECOMMENDATION Council place the ordinance on first reading. DISCUSSION On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts". The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello- Roos Act ��ith modifications to accomplish the following: (1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 AcP'); (2) include certain maintenance activities not listed in the Mello-Roos Act or the "1972 Acf'; and (3) establish an operating reserve fund for open space districts. McMillin Otay Ranch LLC has requested that the City conduct proceedings to consider the approval of the formation of Community Facilities District No. 14M (Eastem Urban Center/Millenia) (CFD 14M). CFD 14M will provide the necessary funding for the operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, lighting, and park improvements by levying an annual "special tax" which is to be collected from the propeRy owmers within CFD 14M. On September 1�, 2009, Council approved an Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center (the "Eastern Urban Center Parks AereemenP'). The Eastem Urban Center Parks Agreement states that the City and the CFD shall split equally (50-50) the costs of maintaining the Public Parks in the Eastem Urban Center based on preliminary cost estimates provided by both the City and McMillin. The City's share shall be based on the average annual cost for 21.51 acres each fiscal year as calculated for the City's budget for public parks. To ensure collection of the City's portion of the cost of the park maintenance, CFD 14M has been structured with rivo zones �vith the City parks placed into the second zone. This action amends the Chula Vista Community Facilities District Ordinance to allo�v for the City park propeRy to be placed into the zone to be assessed a special tax and to allow the Zone Administrator to directly bill the City each year for the assessment so the public parks remain off the County property tax rolls. The Ordinance, as amended, also requires that the developer maintain the park improvements for a minimum period of one year following their completion prior to turning over to the City for on-going maintenance. Future Actions In Januazy, the City Council shall consider a resolution adopting the Boundary Map for CFD 14M, a resolution of intention declaring the intent to form the district, and a resolution ordering preparation of the Community Facilities District Report. 14-2 12/l0/2013, [tem /;� Page 3 of 3 DECISION DZAKER CONFLICT Staff had revieN�ed the property holdings of the Ciry Council and has found no propem� holdine «ithin �00 feet of the boundaries of the propem� which is the subject of this action. Staff is not independently a�i�aze, nor has staff been informed b}� any City Councilmember, of any other fact that mav constitute a basis for a decision maker conflict of interest in this matter. RELATIONSHIP TO CITY'S STRATEGIC PLAN The Citys Strateeic Plan has five major eoals: Operational Excellence, Economic Vitalitv; Healthy Community, Strone and Secure Neiehborhoods and a Connected Communit}�. This action supports the eoal of providine Healthy Communities, which includes maintaining and operating community and neiehborhood facilities. CURRENT YEAR FISCAL IAIPACT Approval of this ordinance has no immediate impact to the General- Fund. Consideration of formation of CFD 14A4 and the levy of an assessment on public park property shall be considered under future Council action. ONGOING FISCAL ID4PACT The Cit�� and the CFD shall split equally (�0-50) the costs of maintaining the Public Pazks in the Easrem Urban Center based on preliminary cost estimates provided by both the City and McMillin. The City's shaze shall be based on the average annual cost for 21 S I acres each fiscal yeaz as calculated for the City's budget for public parks. ATTACH117ENTS 1. Cirv Ordinance A'o. 2730 2. Agreement Reeazding Construction of Pazks in a Portion of Otay Ranch Eastem Urban Center Prepared by: Michae!Lengvel, Senior Management Analyst H:�PUBLIC ll'ORKS- E1�GWGEVDA\CAS2013\I?-10-131�ncndmg CFD OrdinanccU2EPORT-PN'-CFD Ordinance Amendment Aeenda S�aiementREV.doc 14-3 ORDINANCE NO. 2730 AN ORDINANCE OF THE CITY OF CHULA VISTA ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINANCE WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter city duly organized and existing under a freeholder's charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Constitution") and the Charter of the City (the "Charter"l; and WHEREAS, the Mello-Roos Community Facilities Act of_1982,as amended (the "Melio- Roos Act"), provides the City with an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation; and WHEREAS, the Mello-Roos Act authorizes the establishment of a community facilities district to finance the maintenance of parks, parkways and open space but does not expressly authorize a community facilities district to finance habitat maintenance and the monitoring of biological resources and certain maintenance and services authorized to be financed through the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council of the City, acting under and pursuant to the powei, reserved to the City under Sections 3, 5 and 7 of the Constitution and the Charter, finds that the public interest and necessity require the enactment of this ordinance to authorize, and establish the authorization and procedure for, the formation of community facilities districts by the City to finance such additional public services not authorized by the Melio-Roos Act as the City Council may deem necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1 . Declaration of Policv. It is hereby declared to be the policy of the City to permit the financing of public services pursuant to the authorization and procedure set forth in this Ordinance as well as by any other method permitted by law. This ordinance is enacted pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and under the Charter. SECTION 2. Short Title. This Ordinance shall be known as and may be cited as the "City of Chula Vista Community Facilities District Ordinance." SECTION 3. Authoritv and Procedure. Whenever the public interest and necessity so require, the City Council of the City may, acting under and pursuant to this Ordinance, estabiish a community facilities district as provided for in the Mello-Roos Act. Except as otherwise provided in the Ordinance, the provisions of the Mello-Roos Act, now in effect or as such act may be amended from time to time, are hereby incorporated in this Ordinance bv this reference and made a part hereof. SECTION 4. Provisions Not Exclusive. This provisions of this Ordinance are not exclusive. The power and authority conferred upon the City Council by the provisions of this 14-4 Ordinance 2730 Page 2 � Ordinance are in addition to and supplemental to the powers conferred by the Charter, any other ordinance of the City or law. Additionally, the City Council may elect to follow the procedures now or hereafter provided by general law, includin9 without limitation, the Mello- Roos Act; provided, however, that whenever the City is acting pursuant to this Ordinance the provisions of this Ordinance shall be controlling to the extent that they are in conflict with any of the provisions of such generai law. SECTION 5. Amendments to'Mello-Roos Act. A. The services authorized to be financed pursuant to Government Code Section 53313 are hereby amended to add and include:: 1 . The maintenance, operation and management of public property in which the City of Chula Vista has a property interest in or private property that is required to be dedicated or maintained as open space or for. habitat preservation or both. Such property may be located outside the boundaries of the applicable community facilities district and outside the jurisdictional boundaries of the City. Such maintenance, operation and management shall mean the furnishing of services and materials for the ordinary and usual maintenance, operation and management of any open space or habitat area as may be required by the City or other public agency charged with the responsibility to maintain, operate or manage any such area. Such services may include but shall not be limited to the following: (a) Repair, removal or replacement of any improvement, structure or facility necessary or convenient to the maintenance, operation or management of the open space or habitat area; (b) Providing for the life, growth, health, and beauty of habitat, including cultivation, irrigation, trimming, spraying, fertilizing, or treating of disease orinjury; (c) The removal to trimmings, rubbish, debris, and other solid waste; (d) The operation and management of operi space and natural habitat, including biological monitoring and evaluation of collected data; (e) The conduct of biological activities necessary to sustain the species being protected; and (fl The operation and maintenance of pedestrian bridges and community gardens within or appurtenant to such open space or habitat area(s). 2. The maintenance and/or servicing of "improvements" as such term is defined in Streets and Highways Code Section 22525. In addition to those improvements identified in Streets and Highways Code Section 22525, the term "improvements" shall also include pedestrian bridges. For purposes of this paragraph _. 2, the term "maintenance" shall have the meaning given such term in Streets and Highways Code Section 22531 and the term "servicing" shall have the meaning given such term in Streets and Highways Code Section 22538. All terms contained in Streets and Highways Code Sections 22531 and 22538 which are defined in Article 14-5 Ordinance 2730 Page 3 2 of Chapter 1, Part 2, Division 15 of the Streets and Highways Code shall have the meaning given to such terms in such code. B. Any community facilities district established for one or more of the purposes authorized in Government Code Section 53313 or in paragraphs A.7. or A.2. above may establish maintenance or service zones or areas within such district to facilitate the provision and administration of such services. C. At the time a community facilities district is formed to provide any of the services authorized pursuant to paragraphs A.1. or A.2. above or territory is annexed to an existing community facilities district which was formed to provide any of the services authorized pursuant to paragraphs A.1 . or A.2. above, the owner or developer of the property within such newly formed community facilities district or the territory annexed to an existing community facilities district shall be responsible for providing,such services or causing such services to be provided for a minimum period of one year from the date of formation of such community facilities district or the date of annexation of such territory to an existing community facilities district, respectively, or if required by the City Manager, until such later time as the open space or habitat area and/or the improvements which are to be financed from special taxes to be levied within such newly formed community facilities district or such territory annexed to an existing community facilities district are accepted by the City Manager or his or her designee. For each community facilities district formed to provide any of the services authori� pursuant to paragraphs A.1 . or A.2. above, there shall be established and maintained , operating reserve fund in an amount not to exceed one hundred percent (100°h) of the annual maintenance, operations and management budget for each such community facilities district for any fiscal year. The rate and method of apportionment of the special tax for any such community facilities district shall provide that the special tax may be levied on all taxable property within the community facilities district prior to the acceptance by the City or other public entity for operation, maintenance and management of the open space or habitat areas and/or improvements to be operated, maintained and managed from the proceeds of the special taxes in order to initially fund the operating reserve fund at an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations and management budget for the first fiscal year foliowing acceptance of such areas or improvements. If the_ areas and/or improvements are to be accepted incrementally, the operating reserve fund shall be initially funded incrementally in an amount equal to one hundred percent 1100%) of the estimated annual maintenance, operations and management budget for the first fiscal year following acceptance of such increment of the areas and/or improvements. A precondition to the acceptance of any open space or habitat area and/or improvements by the City or another public entity for operation, maintenance and management shall be that the operating reserve fund for such area or improvements must have been funded at an amount equal to one hundred percent (100%) of the annual budget for the operation, maintenance and management of such area and/or improvements for the fiscal year following the acceptance thereof (the "Reserve Fund Requirement"). The rate and method of apportionment of the special tax shall further provide that following acceptance of the areas and/or improvements or any increment thereof the proceeds of the annual special tax levy may be used to replenish the operating reserve fund to the Reserve Fund Requirement provided that the annuai spec tax levy shall not exceed the authorized maximum special tax for such fiscal year. Su�._ operating reserve shall be maintained for and may be used to provide necessary operating 14-6 Ordinance 2730 Page 4 revenue for the first six (6) months of each fiscal year and to pay for extraordinary unbudgeted expenses occurring during any fiscai year. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force on the thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City as required by law. Presented by: Approved as to form by: / — _ '1 Joh P. Lippitt M. Kaheny Dir ctor of Public Works ty Attorney 14-7 Ordinance 2730 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of April, 1998, by the foliowing vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None .lJ�wL�Y /Yi/l.wYl Shirley Ho on, Mayor ATTEST: � ? � � Beverly A Authelet, City Clerk STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2730 had its firsi reading at a regular meeting held on the 28th day of April, 1998 and its second reading and_ adoption at a regular meeting of said City Council held on the 28th day of April, 1998. Executed this 28th day of April, 1998. r' � � l-C l��l.�.�-lt�� Beverly A. uthelet, City Clerk 14-8 ... TricO'r.IGiNALOFTrI1S DOCUNENT � Recording Requested By: , wasFECOanEDON OCTZa 2ooe - and ' DOqJMENTNUMBER 200;-05993d3 ��jhen RecOrded Mail TO: DAVID!.BUTLER,COUN iY�CO,�DER SAN DIEGO COUN1'RECpr1pEF'S OFFIC'c City Clerk T1ME. 2:10 PM City of Chula Visla 276 Fourth Avenue Chula Vista,Califomia 91910 EXEMPT FROM RECORDL-R'S FGES Punuant to GovEiznMeti�Cout §6103 �n�ve sr�cE Fok K�cuxuFx�s use un�n AGREEMENT RECARDtrTC CONSTRUCTIO\` OF PARKS I?V A PORTiON OF OTAY RANCH EASTERN URBAN CENTER THIS AGREEMEiVT REGARDfNG CONSTRUCTION OF PARKS IN A PORTION OF OTAY R.4.�ICH rASTERN UR[3AN CENTER (`AgrcemenP') is made as of this 15th day of September; 2009, by and betti�een the CITY OF CHULA V1STA, a California municipal corporation and charter city (`Cih��) and McMILLN OTAY RA1dCH LLC; a Detaware limited liability company ('`MciYlillin")w�th reference to the following facts: WHEREAS, Olay Ranch is a mastcr planned community within City that consists of vazious "Villa_es." A portion of Otay Ranch, callcd the Eastem Urban Center ("EUC°), «�ll consist-of a high-intensity mixture�of retail; employm:nt, civic, cultural and medium-high-to- urban-core levels of residential uses: WHEREAS, McMillin owns approximately ninery percent of ihe EUC arca. The legal description of ihe approtimately 206.6 acres of EUC o«•ned by McMillin ("iYleMillin RropertV'), which is Ihe subject of this Agreement, is shown on E�hibit A hereto along with a map of EUC showing the remainder, oamed by other o�mers("Othcr O�ti�ner Property"), which is not governed by this Agreement; WFIEREAS, Califomia Govemment Code yti66477, ei scq. (the "Quimby Act�) and thc City's Parklands and Public Facilities Ordinance; [Chula Vista Municipal Code ("CVMC") ChaPter 17.10 ("PLDO")], as amcndcd, require that developmcnt projects provide land and improvements for neighborhood and community parks and recreational facilities. allow for a credil a�ainst ehe payment of fecs or dedication of land if the subdivider provides park and recreational� improvements_ and pemiit ihe City to require a combination of dcdication and payment of in-lieu fees if the Ciry determines that thc wmbination would better serve the public; ' i Attachment I to Resolution 2009-226 Page I of 22 . fz 14-9 WHERBAS, thc PLDO's requirements ha��e been and will be imposed on the McMillin Property ihrough conditions ot' approval of tentative maps and supplemental subdivision improvement agreements; WHEREAS, the Quimby Act, the PLDO and the Otay Ranch Gencral Dcvelopment Plan (`'GDP") parks and open space policics require that EUC provide 3 acres of neighborhood and community parks per 1,000 residents; WI-[EREAS, appro�imately 23.36 acres of Parkland would be required of the McMillin Pmperty. This tigure is based on the PLDO's assumption that there will be an average ol'2.61 residents in each of the 2,983 multi-family units in the McMillin Property and its (and the GDP'sj requirement to provide 3.0 acres per thousand residents — i.e., 2,983 units times 2.61 residents per unit dmes 3 acres per [divided byJ 1,OOU residents equals 23.36 acres; VJNEREAS, the GDP policies: (i) state that ihe EUC will provide local parl:s, town squares, plazas or other park facilities to meet its nceds, pursuant to the rUC Parks Master Plan, which may include ��ariations from conventional parkland standards; and (ii) allow pedestrian spaces, plazas, promenades and town squares to be creditcd toward satisfyina the EUC par1: requirement; WHEREAS, the SPA Plan for EUC anticipates that EUC will provide sufficient area and facilities to meet its recrcational needs on-site and a portion of its recmational needs will be provided through thc payment of in-lieu fees. The SPA-level parks masler plan considers the �. needs and standards identitied in the framework strategy prepared for the Uni��ecsity_study area. ,_ . _ ��_, and the CUC-specific policies of the General I'lan and GDP, which allow vaziations from - - - � - �com�entional parkland standards. Thus, EUC will pro��ide a netw�ork of public and private pedesirian spaces, plazas, paseos, promenades, and squares to create a pedcstrian and recreation- oricnted environment, with additional fees paid "in lieu' of land consislent with the LUC parks master plan and PLDO. Tn addition to traditional parks, EUC.will receive a crcdit for the 2.75 acres of additional recreational facilities provided in districts 1, 4 and 8 in the form of dedicated jogoing paths and office plazas; WHT'RCAS, thc parties intend by this Agreement to implement the requirements of thc EUC SPA Plan, the PLDO; the Quimby Act and the conditions of approval of tentative maps for the McMillin Property by cstablishing pazk land dedication, improvemcnt and additi�nal in-lieu fee rcquirements �ahich sa[isfy park requiremenu for the Mcn4illin Propeny; WHERL"AS, the City's General Plan conlcmplates development of EUC as the focal point for the east area plan, with GUC comprised ot a vibrant and intense mixture of land uses in an urban seriing. 'Similarly, the San Dicgo Association of Govemments has idcntified EUC as a smart growlh urban center. These urban centers auract a different demographic profile than thc surrounding suburban development in Otay Ranch, so successful implementation requires that an cmphasis be placed on placemal:ing in the public realm, including as fo parks and other public spaces. The Gcneral Plan also contemplates the development of standards ior both public and pri��ate uses; :rrriquc io dre F_usrern Urhan Cenler, to help create this urban character. This A�reement rellects these unique approaches in applying City standards needed to accomplish the vision of EUC contemplated by the General Plan and the Otay Ranch GDP; Attachment 1 to Resolution 2009-226 Page 2 of 22 14-10 _. �VHEREAS, Ciq�, by enterin� into this Agreement, finds that, due to the unique, urban, hi�h-densiry namre of the EUC, suitable land does not e�ist to satisfy the entire 2336' acre parkland dedication requirement solely throueh the dedication of parkland and improvcmenu; the Ciry further hnds that, as a result, public�interest and the park and recreation necds of[he fumre EUC residents would be. better served throueh a combination of parkland dedication, pazkland development improvements and in-lieu fces; (an approximate estimatc of park costs appears in Fxtiibit F hereto); and VdHEREAS, this Aareement does not increase or decrease any pazk oblieations but instead clarifies responsibility for the PLDO requirements amibulable to thc McMillin Property by addressin� the amount of land required, in-]ieu fee payment rcquired; park design, park construction, bonding, the level of amenities to be provided, event programming, and thc I'unding of maintenance: \OW, TI-IEREPORE, in considcration of the mutual co��enants herein conlained. the parties agree as folloH�s: � 1. Definitions. In addition to tertns defined in the Rccitals, the followine terms shall have the indicated definitions throughout this AgrcemenL I-.1 "Association"means the proper[y owners' (home or business) association whose territory includes the obli�ation to operate and.maintain a private Urban.Park or Urban Recreational Facility. 1? "Commencc Construction" means a construction permit or other such approva] necessary to commcace consWCtion has been issued by. the Citv and construction sta�ing has beaun. 1.3 "Complete Construction" means that conswction of a park has becn completed.to the reasonable satisfaciion of City's Direclor of Development Services, exclusivc of the H�arranry period. t.4 "CVMC" means City's Municipal Code. 1.� "District" means a planning district �vithin the McMillin Properiy as shoH-n on Ethibit B. 1.6 "Escalator" means the percentaee change in construciion cosu calculated pursuant to CVMC §17.10.110, which oullines parl: development fee updates, from the month of approval of this Agreement to the month of issuance of thc construction permit for any one park. 1.7 "In-Lieu Fees" means park acquisition and pazkland development Cee obligations pursuant to Calilomia Government Code §66477 and Ciry's PLDO. 1.8 "IOD" means irrevocable oFler of dcdicalion. 1.9 "Park Impro�rements' means the improvements per the Cit}�-approved pazk cOnsiruction documenls. Att�chment I to Resolution ?009-326 Pagc 3 of 22 14-11 1.10 "Park Mastcr P[xn" mcans the Master Plan as defined in the Chula Vista Landscape Manual Section One—Submittals. . l.l I "TurnkeV" means designed and constructed consistent with the provisions of the Chula Vista Landscape Manual, the SPA Plan, and related Developmcnt Services Dcpariment specifications and policies in effect on the date of this Agreement; and ready for use without any further Improvemcnls requimd, including provision for a City Council-approved three-party agreement among McMillin, City and a landscape architect for the design and preparation of a specific Park Mester Plan and preparation of construction documents. l.l? "Urbao Parl:s" mcans the six publicly or pri�•ately o�vned parks shown conceptually on Exhibit B. , 1.13 "Urban Recrcational Facilities" means, the office plazas and jogging paths within Districts 1, 4, and 8 shown conccptually on Exhibit B and describcd in the EUC SPA Plan. 1.14 "Value Enginecring Guidelines" mcans the guidelines in L'shibit C. 2. Satisf��ina PLDO. McMillin shall satisfy Uie PLDO for,the McMillin_Property by providing the following: 12.88 acres of Urban Parks, 2.75 acres of Urban Recrcationai Facilities, and [n-Licu Fees in an amount equivalent to the parkland and parUnnd improvement value of 7.73 acres. 2.1 Urban Parks. McMillin shalT:providc approximately 12.88 acres of land with Park Improvemcnts, pursu'ant to CVN1C jy 17.10.040 and 17.10.050, as Urban Parks on the tollowing terms: (a) Parf: Mastcr Plan and Approt�al oF Construction Documents. McMillin shall use City's customary proccdures to design; and obtain City approval of the designs of, Urban Parks. All Park Master Plan dcsigns and design approvals shall be consistent with the EUC SPA Plan, the PLDO and the City's Landscape Manual. L-'ach Pazk Master Plan shall be processed through the following steps: (i) City and McMillin shall enter into a ihree party abreement with a landscape architect to design a Park Master Plan and prepare construction documcnts, to the satisfaction of the Director oP Development Services. (ii) In order to facilitatc tlie Park Master Plan and Construction llocumeni process and milestones identified in the City's Landscape Manual;City and McMillin shall hoid a scoping meeting at the beginning of thc design process for cach Urban Parkto confirm ihe desibm intcnt of the particular Urban Park(s) and to identify applicable City requirements prior to initiating design H�ork. City and McMillin acknowled�e the necd for close coordination during the design phase to ensure the fidal, approved documents reflect the intent of the Castem Urban Cenlcr Urban Parks; Recreation; Opcn Spacc and 'I'rails Plan and other. applicabte City requirements. City and McMillin also ackno�rledge that A�tachment I to Resolution 2009-226 Page 4 of 23 14-12 i . . ,"� : refinement to the process ma;� be appropriate o��er the tertn of this ASn-ecment to improvz the desi�n; re��iew, delivery and ongoin� operation of thc EUC Urban Parks. 'To accomplish this end result a "post design-construction' meeting shall be hcld among City, vicMillin-and the design team to identify areas where actions can bc taken (desis�m, materials, construction wordination, phasing; delivery, maintenance, etc.) that could improve the design and deliven�of each subsequent Urban Park. (b) Le��cl of Improvcrraents. The lmproecments for each Urban Park provided pursuant to this Agreemcnt shall be•in Tumkey condition and consistent with the SPA Plan and Eahibit F. As adjacent land uses are defined,' Mci�iillin or City may propose that facilitics to be provided within each Urban Park be modi3ied'or rearranged to complemeni adjacent land uses. Such changcs are subiect to City revicw and approval. (c) Construction/Ciming. McMillin shall provide City an IOD for the land needed for each Urban Park as a condition of appro��al of a final subdivision map for the area that includes that Urban Pazk. McMillin shall Commence Construction of each Urban Park consistent H�th Eahibit D hereto, "Ttvesholds for Parks and Facilities." McMillin shall then pursue that Conswction diligemly to Complction. Tlie Completion �of Construction for each EUC Urban Park shall be consistent «�th Exhibil D. in addilion, McMillin shall submit• for Ciry re��iew and obtain City approval of the cons!ruction budgel for each Urban Park and Town Squaze park prior to park construction Commencement Construction bud�ets, established at the time conswction documents are submined, should reflect both�thc base_ requi�ement cstablished by tfie parl:land dcvclopmeni componcnt o(� the PLDO and the proporiionate amounl of In-Lieu Fee of �.88 acres bein�applied. (d) Boundary Adjustmcnu. The parties a�ree that minor adjusfinenis to Urban Park boundaries may be appropriate to optimize the interface with adjacent developmcnt. All such adjustments shall be subject to City rcview and approval, t�!othing in this section shafl be construed as alloK�ing any reducrion in the overall acreaoe oF Urban Parks, but-additional acreage provided may result in a credi[at City's discrelion. (e) Documentation of Costs. .MeMillin shall, w-ithin si�ty(60) days of Completion of Construction; provide City; for its review and approval, all documentavon Cin� rcasonably requires to evidence the completion and costs of each Urban Pazk, reflecting.as necessary the provisions of.section 3 of this !lgreemcnt. City approval-oF that cost documentation shal] constitute confinnation of ihe acreage and acreage equivalcncies providzd thereby. (� Title. For pubtic Urban Parl:s; City shall accept title pursuant to iu customary procedures. For privnte Urban Parks, McMillin shall irrevocably and without chazge grant City a right of public use and access o��er, through, and across said facilitics for park and recreation purposes. City shall accept and pro��de credit for Urban Parks on land subject to easements so long as the land is usable open space and a park use would not be inconsistent with the easements, such as underground sewer easements. Auachment 1 to Rcsolulion 2009-226 Pagc 5 of 22 14-13 2.2 Urban Recreational Facilities. McMillin shall pro��ide 2.75 acres of Urban Recreational Facilities in Districts 1, 4 and 8_ conceptually shown on E�hibit B and as dcscribed in the CUC SPA Plan; on the 1'ollowina terms. City has detertnincd that these Urban Recreational Facilitics are usable for active recreational uses and, therefore; eligible as a credit toward McMillin`s parkland dedication requirement pursuant to the PLDO. (a) Urhan Recreational Facility Park Crcdit. McMillin shall receive 2.7� acres of parkland dedication and improvement credit I'or delivery of Urban Recreational Facilities ��Zthin Districts 1, 4 and 8. City shall require the construction of the Urban Rccrcational Facilities as shown in Cxhibit B. Prior to the approval of a final map containin� an Urban Recreational Facilih�; the applicant shall provide and secure an engineers cost estimate for the on-site Urban Recreational Facilities. . • (b) Implementation. MeMillin or the successor otimer of the alTected part of the McMillin Property shall, in accordance with the timing sct forth in Exhibit D, "Thresholds for Parks and Pacilitics;" provide Cit}� for review and obtain City approval for construction plans for Urban Recreational I^acilities. McMillin shall also provide City, for its review and approval, master Association covenants, conditions and restrictions to document responsibiliq� for long tetm maintenance. Improvement plans lor Urban Recreational Facilities shall be reviewrd by the Zoning Adminislrator pursuant lo Ihe SPA and City's customary improvement plan review� procedures. All designs shall be consistent with the EUC SPA Plan and City's applicable regulations. (c) Construction/Timing. McMillin shall conswct eacit- .Urban _ --- _: _.. . _. .:Recreational �acilily, or thc contained segmenl, concurrently with development of thc - — --- surrounding community and in accordance with ihe timing set forth in Exhibit D. Unless other timing or phasing is approved as part of a discretionary permiL all such facilities shall be completed prior to request for final inspection for thc first residential unit or non- residenlial space in Districts I, 4 and 8 containing said facility segment. In addition, the applicant shall submit for City review and obtain City approval of thc construction budget for each Urban Recreational Facility, or segment thereof, prior to Commencement of Construction. Construction budgcts should reflect both thc basc requirement established b;� the parkland development component of the PLDO and thc proportionate amount of ln-Lieu Fce of 5.88 acres being applied, as described in scction 23, belo�v. (d) Documentation of Costs. Mc�9illin shall, within si�ty (60) days of Complction of Conslruction, provide City, for its review and approval, all documcnlation City reasonably requires to evidence tlie completion and costs ot'each Urban Recrcational Facilily. City appro��al of that cost documentation shall constitute confirtnation of thc acrea�c and acreagc cquivalencies provided thcreby�. Should morc than a to[al of 2J5 acres of Urban Recreational Facilities be delivered in Districts 1; 4 and 8, then the applicant may transfer that halancc within the GUC to offset other parks obligations o� establish credits for future use subject to the revie�v and appro��al of the Dircclor of Development Sen�iccs. Should the applicant dcliver less than a total of 2.7� acres of Urban Recreational Pacililics in Districls I, 4 and 8 then the applicant shall provide the balance in either (a) additional acreage or equivalency in EUC Urban Parks, (b) additional improvements in �UC Urban Parks and/or (c) pay fecs eyuivalent to the Attachmcnt 1 to Resolution 2009-226 Pagz 6 of 22 • 14-14 . . :� � - balance o1'acrea�e based on the Ciq� fees in effect at the time subject to the re��iew and approval of the Ciry Engineer. � (e) Boundary Adjustmenis. The paYies a�ree that minor adjustments to Urban Recreational Facility boundaries may bc appropriate to optimize thc interface with adjacent development. All such adjustments shall be subject to City review and approval. Nothing in this section shall be construed as allowring any rcduction in the overall acreage of Urban Recrcational Facilities, hut additional acreaoc provided may result in a credil at Cit��'s discretion. (� Title. City shull accept and pro�ide credit for Urban Recmational Facilities on land subject to easemenls so long as the land is usable open space consistent with the SPA and a recreational use woutd not be inconsistent with the easzments, such as underground sewer easements. 2.3 Credit Aeainst In-Lieu Fees. Ciry has deterniined that McMillin may satisfy 7.73 acres of'vlcMillin�s PLDO obli��ation throuah In-Licu Pees. Mcytillin will provide . park and recreational improvements to die dedicated land described in sections 2.1 and 2.2, above,.equivalent to the value of 5.88 acres of parkland dedication and development, for which McMillin ��i14 receive a credit a�auist the payment of 5.88 acres of ln-Lieu fees. The park and recreational improvements shall be provided as follows. (a) Implemcntation. McMillin shall deli��er physical improvemcnts, beyond thc basc level accounted for in the PLDO development fce, in the public lirban Parks,- private ToH•n Square; and the Urban Recrcational Facilities. Onlv the cost of those enhancements consistent with EUC SPA Plan and approved by City and McMillin shall be eligible for credit a�ainst the payment of ln-Lieu Fces. (b) Acreage Equivalency. 7'he value of the additional park and recreatimial improvements to the Urban Park; private To��n Square, and/or an Urban Recreation Faciliry shall be converted ro an equi��alent acrea;e as shoH�n in Eshibit E, , "Monitoring Table/Equivalency Calculations," based on the PLDO as of the etTective date of lhis A�reement; adjusted by the Escalator pursuant to Section 3. (c) Documenta6on of cosu. McMillin shall, within si�ty (60) days of Completion of Construciion of each Urban Park, To��n Square or Urban Recreational Gacility For which McMillin serks crcdit towazd paymenl of In-Lieu Fecs; provide City all documentation City reasonabh�requires to e��idence the amount espended on park and recreational improvemenu, beyond the base lc��el accounted for in the PLDO developmcnt fce. City approval of that cost documentalion shall constitute confinnation of the acreage and acreage equivalcncics provided thereby. (d) Additional Credit. Should McMillin expcnd or invest more than the equivalznt of 5.88 acres of parkland dedication and development on approved facilities, �+�th costs documenied in accordance with Sccrion 23(c), �1cMillin may receive credit for the value of those espenditures, at the City's discrction, toward any addiuonal EUC park requirements. Ariachment I to Resalulion 2009-226 Page 7 of 22 14-15 2.4 I'a��mcnt of In-Lieu �ees. McMillin shall pay Cit}' the remaining In-Lieu Fees equivalent to I.S� acres of parkland acquisition and de��elopment as follows: (a) Payment Amounts. The In-Lieu Fees shall be paid at thrce residential devclopment milestoncs. The first paytnent shall be equivalent to 0.G3 acres and the second and third pay�flents shall be cqual to 0.61 acres each. .The actual amount oCeach payment ��11 be dztermined by multipl}�ing both the parkland acquisition fee and the parkland devclopment fee, as sel forth in the PLDO al the time of paymcnl, by the aforementioned acreage. (b) Timing of Payments. "fhe lirst paymcnt, cqual to 0.63 acres. shall be made prior to the appro��al of the first final map which grants any residential dcvelopment rights. The second payment, equal to 0.61 acres, shall be madc prior to thc appro��aLofthe final map that would allo�v thc ]000`h unit in the McMillin Property. The third payment; equal to 0.61 acres, shafl bc madc prior to the approval of the tinal map that would alloti•thc 2000`�unit in the McMillin Properiy. 2.5 Additional Parkland Acquisition Parkland De��elooment and 1n-Lieu Pee Obli�ations. In the event that residential; hotel, motel or othcr development as described in CVMC §17.10.040 occurs within the EUC above and be��ond 3;983 units and that developmcnt results in additional parkland, park acquisition or in-licu fce obligalions in accordance ��ith the PLDO; McMillin shall satisfy the additional obligations to the satisfaction of the Director of Development Services. 3. Escatator. McMillin shall,be responsib}e for increases in costs of providin� I'ark lmprovements as follows. 'The use o1'the Escalator is shown in E?:hibit 1�. 3.1 Urban Paris �nd Urban Recreational Facilities. All parkland and improvement costs will be escalated in accordance with the. improvement component of fhe PLDO and the tcrms of this Agreement; in the cvent of a conflict between thc PLDO and this Aoreement, this Agreemcnt shall prevail. 3.? Credit Aeainst In-Lieu Fces. For those park and recreational improvemcnts fi�r ��hich McMillin seeks a credil againsl the paymenl of In-Lieu Pees; the Escalator shall apply to both the acquisition and development components of thc PLDO. 3.3 "fime of Calculation. Total required Park lmprovement costs shall be calculatcd as of[hc issuance of a construction permit for each park. 4. Event ProQrammine. In ordcr to help encouragc the sense of community of the McMillin Property's residents and businesscs, City may considcr approving at least twclve (12) evcnts per park per year if proposed by McMillin or an Association, subject only to reasonable insurance, public health and safety requirements and in accordance with CVMC and zoning requirements. Any proposed event shall not exclude atlendance by any memher of the public. Suitable events include community, health (e.�., escrcise, yo�a or Tai Chi classcs), arl, science; literature, Iocal business, and health fairs; recreational events; fam�ers` markets; seasonal and huliday evenis; and outdoor perfomiances. All events shall be consistcnt wilh the underlying zoning and the requirements of the CVMC unless otherwise modified by the EUC SPA Plan. Attachment 1 to Resnlution 2009-226 Pa��e S of 22 14-16 City may consider establishin� a streamlined process alloH�ine City to accommodate requests for general p�blic events (at least tw�etve (12) privately-sponsored events per year) to be held on the McMilli❑ Property subject to the provision of blanJ:et insurance, public health and safety requirements.. City will have the opportunity to request and receive approval itom the Town Square site oH�ners/oH�ners representative(s) for.at least twelve (12) publicly-sponsored e��cnts per year at the To�i�n Square pri��ate park site subject to the pro��ision of blanket iusurance. 5. Dlaintenance. 5.1 Urban Parks: City and/or McMillin shall maintain the public and private Urban Parks az shown in Exhibit B to e'stablished City standards or as may funher be dcfined within approred park master plans. (a) Public Parks. City and McMillin shall spiit equally (�0-50) thc costs of maintaining Public Parks; determined at the park master plan appro��al staoe and 6ased on Preliminary cost estimates provided by bolh City and McMillin. City's share (and thus IvlcMillin's basic share; subject to Section 5.3) shall be based on the a�-era�e. annnal�maintenance cosl for Z1.51 acres (23.36 acres less the 1.8� O(�Site In-Lieu Fce aerzage) each fiscal year as calculated for the City`s budget for public parks. Should maintenance costs be determined to be overly burdensome on either City or �4cMillin at the time of individual park mastcr plan submittaUreview, the park IaciliUes shall bc adjusted and approved in accordance w�th the Value Engineering Guidelines in Gxhibit C. Should'additional maintenance funds be needed•abo4e.and�beyond•what is detailed abovc F1cMillin reserves the right lo increase its portion of the funding at its sole discretion. Should McMillin, at its sole discrelion, decide lo inerease its portion of funding, City shall not Ue required to match the funding in order to maintain thz fifly/fifty (�(Y-)Oj split of maintenance costs. (b) Private Parks. McMillin shall be responsiblc for maintenance of private parks within the MeMillin Property. to the satislaction of the Director of Developmcnt Services, until an Association or other entity assumcs msponsibilit��, in' wTitinc, for mainten;uice of the park, pursuant to CCRRs appro��ed by the City. �.2 Urban Recreational Facilities. Cit}• shall maintain the Urban Recreational facilities that are within public street rights-of-way lo establishcd City standards and as may further be dcfined within the appro�-ed impro�•ement plans. City and McMillin may also enier into an a��reement to perniit maintenance of Urban Recreational Facilities within public rights-of- way by an Association. Urban Recreational Facilities included in individual project submittals to City's Design Review. as detailed in the 7liresholds for Parks and Recrcational facilities (Eshibit D); shall either be included in or annexed to a communiry facilitics district an assessment district;an Assxiation; or equivalent cntih•that would tinance maintenance. >.3 Districts. City and McMillin abree that McMillin's portion of park mzintenance costs may be covcrcd throu�h inclusion in a maintenance district. Should this occur, those funds collected for parl: maintenance �vill be u�d soley and entirelv nn park maintenance and will not be used to cover the maintenance cosu of othcr facilities. Attachment I to Resolution 2009-226 Pagc 9 of 22 I 14-17 6. Rent, Concessions and Events. Leases; concessions and s�ecial evcnts arc contemplated in all of the parks in thc McMillin Properry. 6.1 Renu and Concessions in Pubiic Parks. City shall control leasing and concessions wid�in all public parks in the McMillin Property, subject lo City's customary pem�itting process. Net proceeds (i.e. re��enues to the e�tent greater than expenditures) received by City therefrom shall be deposited into a City-controllcd capital reserve Fund to be used soley for capital replacemenls or improvements within public pazks wilhin the McMillin Properiy. 6.2 F_vents In Public Parks. Net proceeds recei��cd by City from current and prospective City-��idc proerams and e��ents shall be used by City at City`s discretion. Net revenues received by City fram non-City-�vide programs and events in a public park in the McMillin Property shall be deposited into a City-controlled capital reserve fund to be used solely for capital replacements or improvements within pub(ic parks within the McMillin Propeny. 6.3 Pri��ate Parks. The o�+mer of each private park in the McMillin Property shail have full decision-making power over leasing and cancessions within each such park, as well as control over and thc right to receive any revenues derived therefrom and will confer in good faith with the City to avoid conflicLS associated with a competing or conflicting activity or use with an c�isting or proposed City activity or use in un FUC par4:. ShoulJ City sponsor any cvent in any pri��ate GUC park;then the nct proceeds receivcd therefrom shall be deposited into a' Ciry-controlicd capital reserve fund to be used solely_for capital rcplacements or improvements within parks within lhe McMillin Praperiy. _ , 7. Securitv. McMillin shall post security with City in an amount eyual tQ I00%_of. the cost of constructing the Park Improvements, as deterniined by City based on fina] construction documents submitted by McMillin. The security shall be posted as a condition of receiving an Urban Park conswction permit and prior lo recciving any building permits for ihe GUC. City may use that security to Complcte Construction of such Urban Park or Urban Rccmational Pacility, and to satisfy In-Lieu Fecs, sliould McMillin fail lo meet its obligations to do so. City may reduce and release these securities pursuant lo City`s cust�maq� procedures and schedules pro rata upon conipletion or pavment ofthc parks and fees descrihed in Section 2. City reserves the right to withhold issuance of building and/or construction permits for units or properties within any part of the EUC ��-hcn parks have not bccn Completed as shown in E�hibit D, "Thresholds for Pazks." All sccurity shall be a bond or letter of credit subject to the reasonable approva] of City. D4c1�1illin shall pal' the City the difference bet�;�een the total cosls incurred to Complete Construction and satisly In-Lieu �ecs, and any pmceeds from the se;curity. 8. Dclars. City may appro��e e�tensions for the date for Commencemenl and/or Complction of Construction of:u�y Park due ro City delays in approving park plans or due to force majeure. In addition, Cit;� may consider chanoing the construction schedule if appropriate to improve the relationship of certain parks, such as the Civic Plava, with its surrounding community. 9. .loint Use. McMillin and the City agrcc to meel in good failh to discuss the feasibitity of cntering into ajoint usc agrcement with the Chula Vista Glementarv School District should that district wish to pursue joint use of a park adjacent lo its property. The details and Attachment 1 to Resolution ?009-226 1'age 10 of 22 14-18 contents of such an aeReement sha11 be in accordancc with the CVMC; the EUC SPA Plan, this Agreement and any City pazk standards in eftect at that iime. ]0. Public Works. When construcUn�, or entcrins into any contracl relating to the desi�m or construction of, an Urban Park, a Park Improvement or any other park or recreational improvements'required by this Aorcemznt (collectively, the "Improvemcnts"), McMillin shall comply with City Charter Section 1009; the Cirv`s policies and procedures eovemin�: competitive 6idding for public works projects, and all other applicable local, state and federal requirements in effect at thc time the biddine and contracting for; or construction of. the Improvements takes place. 11. Chan�_es. City reserves its right to amend the PLDO, SPA Plan and pazks master plaa subject to state and fcdera! la�v and to a development a�reement behveen Ciry and McMillin: The Parties as�rec thaL should an}� changes in state or fcderal ]aw result in onc or more provisions ofthis Agreement no lon_er being enforceable, the Parties shall mcet and confcr regarding amending thc Aerecment accordingly. The nquired PLDO fce obli�ati�ns and valucs are subject to periodic updates. McMiltin's fee obligations are based on the Ic��el of fees in effect at the time d�e fees are paid, with the exception of the.fee obligation described in Section 2.4. 12. Citv Action, If the City Council tinds that the proposed design of a park wi[hin ihe McMillin Property is inconsistcnt with the SPA Plan, MeMillin shall have the opportunity to re-design ihe park and submit the re��sed desi�n for the City Council`s consideration. 13. illiscellancous Provisions. 13.1 iVotices. All notices and demands civcn pursuanl to this A�_reement shall bc written. They shall be decmed served (i) immediatel;•; upon personal delivery; (ii) the nest husiness day, if sent prepaid by rc�;ognized ovemi��ht service such as FedG� for dclivery the next business day; or (iii) thrce (3) business days afier deposit in the United Slates mail, certified or • registered maiL reWm reccipt requested, first-class postage prepaid. Until notia: of a change of address is prc�perly �iven; noticc shall be given: If to City: Ciiy of Chula Vista Attn: lames D. Sandoval, Ciry Manager 276 Fourth Avenue Chula Vista. Califomia 91910 �Vith a copy to: Of(ice of lhe City Attomey Atin: City Attorncy 276 Fourth A��enuc Chula Vista, California 91910 � Ifto McMillin: McMillin Otay Ranch LLC do McMillin Companics LLC Aun: Mr. Todd Galameau 2750 Womble Road Attachmznt I to Resolution 2009-236 Pagc I I of 22 14-19 San Dicgo, California 92106 With a copy to: Hccht Solberg Robinson Goldberg& Qagley LLP Attn: Mr. Richard Schulman 600 W. [3roadway, 8'� Floor San Dicgo, California 92101 13.2 Captions. Captions in this Agreement are inserted for com�enience of reference. They do not define, describe or limit any term of this Agreement. ]3.3 Entirc Aereemcnt. This A�reement embodies the cntire agreement and understanding betH�een the panies regarding the subjcct matter hereo£ No prior or contemporaneous oral or w�ritten representations; agrcemenu: understandings and/or statements rcgarding its-su�ject mattcr shall have any forcc or cffect. This Agreement is not intended to superscde or amend any other agrcemcnt beh��ccn the parties unlcss c�pressly noied. Howe��er, all previous wriuen agrecments; such as supplemeni�l subdivision improvement a�recments, by and bet��een the parties rclating to park obligations, as well as Citys Parks and Recreation Master Plan and Landscapc Manual, rcmain in full force and el'iect exccpt to the catcnt they conflict with this Agrecment. li.4 Contents of Aereemcnt. All recitals set forih above and all e�hibits attachcd hereto are part of this Agreement. 13.5 Sevcrabilitv. If any provision of this Agreemcnt or its pariicufaz application is hcld inealid or unenforceabte, the.remaining provisions of this A�reement, and their application, shall remain in full force_and effecL unless a party's consideration materially fails as a result. 13.6 Recordation. The City may rccord this Amendment in the Oilice of the County Recorder of San Dicgo County; Califomia. 13J Preparation of A��reemenL No infercnce, assumption or presumption shall be drawn from the lact that a party or its atlomcy drafted this Agreement. It shall he conclusi��ely presumed that all parties participated equally in draflin�this A�reement. ]3.8 Authoritv. Each party warrants and represents that it has le�al authority and capacity to enter inro [his Agreement, and that it Itas taken all necessary action to auihorizc its entry into this Agreement. Each indi��idual si�ning this Aarcement on behalf of an cntit}' warranls that his/her principal has duly authorired him/hcr to sign this Agreement on its behalf so as to bind his/hcr principal. 13.9 Modification. This Agrcement may not be modified; temiinatcd or rescinded, in whole or in part, escept by written instrument duly executed and acknowledged by the parties hereto; their successors or assigns. Attachment 1 to Resolution 2009-236 Page 12 of 22 14-20 13.i0 Successors. (a) Subject to para�raph 13.10(b); T4cMillin shall remain responsible to City ior compliance with this Agreement. However, McMillin may contractually obli�ate, to A4cMillin, mcrchant builders or othcr successors w�thouv afTzcting City`s rights hereunder. Should McMillin transfer or assion its interest m the McMillin Property, in whole or in part; to any person or entity during the Term of this A�reemeN, any such transferee or assignee shall be bound by this A�reement, as applicable to the ponion of the Mc,'vtiilin Property acquired by the lransfer or assigment. No action by tilcMillin punuant to this section, without the City`s consent, shall relieve McMillin of iu obligations under this Adreement. (b) D4c.Millin's design, construction and paymcnt obligations hereunder may be performcd or reimbursed, in H•hole or in part, by a communiry facilities district'or similar financing district, subject to approval by City. facept as othenvise provided in or as modified by the Development A�reement, I�9cMill�n may pursue construclion in accordance with CVMC §3.�0.140. (c) Compliance with this A�rcemenl shall be deemed to satisfy McMillin's PLDO and SPA Plan obligations relating to parks. Oncc- all parks and impro��emenu ha��e been constructed and dedicated, as req�ired by this A�rcement, including any additional park obligations that may be reyuired pursuant to scction 2.� above, all park dedication and impro��ement requirements for the EUC shall be deemed completc and the obligation shall be removed from title, as to McMitlin and any merchant builders de��elopina ��ithin the McMillin Property. 13.1 1 Tertn. This Agreement shal] remain in effect until; but shall automatically terminate upon, City acceptance of all thc public Urban Parl:s and Urban Recrealiona! Pacilities, the Completion oF Construction of the pm�ate To��m Square 2nd Urban Recreational Facilities. the construction and delivery of park and recreational improvemcnts equal to thc valuc of the total credit against In-Lieu rees, and payment of In-Lieu Fee oblieations per thc icrms of this Agrcement; provided, however, that the provisions oP Sections 5.1(a); �.I(b) and 13.14 shall survive tertninalion of lhis Agreemcn[ . 13.12 Govcmin� Law and Venue. 'I'his'Agreement shall he go��erncd by and construcd in accordance with the laws of die State of Calitornia Any action arising under or relaling to lhis Agreemcnt shall be brought only in the tederal or state courts located in San Die�o Countp, State of Calitomia, and if'appticable, the City of Chula Vista, or�s close thereto as possible. Vcnue for this Agrocmcnt,and performancc hcrcunder; shall tx:the City of Chula Vista. 13.1; Administrative Claims Requirements and Procedures. t�'o suit or arbitration sha11 be brou�ht arising out of this Aa eement a�ainst the City_unlcss a claim has tint been praenled in writing and filed with the City and acted upon by the City in accordance H�th the procedures sct forth in Chaptcr 13� of the CVMC, as same may from time to time be amended (the provisions of which are incorrorated by this reference as if fully set forth herein), and such policies and proceclures uscd by City in the implementation of same. Al(achment I ro Recolution 2009-226 Page 13 of�? 14-21 , li.14 lndemnification. McMillin shall indemnify, protect and hold the Cily, ils `officers, emplo}•ees, agents and independent contractors, free and harmless from any liability whauoe��er or any damaec of any kind or nature, relating to, arising out of, or alleocd to be the result of the acts, omissions, neali�ence or �villful misconduct of Mci�tillin or McMillin's employees, subcontractors or other persons, agencies or firms for whom McMillin is Ic�a11y responsible. (collecti��ely, "McMillin"), relating to or arising from Me�4illin`s activities contemplated under this Agrcemcnt, excepting only those claims for damages arisin� from the sole active ncgligence or sole willful misconduct of thc City. Also covered is liability arising from, connected H�th: caused by or claimed to be caused by the active or passive neglioent acts or omissions of the City, its agents, offic:ers, or employecs which may bc in combination with the active or passi��e negligent acts or omissions of Men4illin, its employees, aaents or officers, or any third party. McMillin shall defcnd, al its own e�pense,including attorncys' fees,the City, its otTicers, agents, employees and independent contractors in any ]egal action based upon such alleged acts or omissions of McMillin. The Cily may, in its discretion, participate in the defense of any such le�al claim, action or procceding, and McMillin shal] pay-for the City`s czpenses reasonably incurred, including City's attome}�s' fecs. li.15 Non-liabilitv of Citv 017icials and Emplo��ees. No member; of�icial, employec or consultant of the City sliall be personally liable to McMillin or iu successor-in- inlerest in thc event of any default or breach by City, or for any amount which ma}� become due to �4cMillin or to its successor-in-interest or on any obligations under the terms of [his Agrccmenl. 13.16 Countcmaris. This Agreement may be executed in any number of counterparts, each of which shall be the original and all of which shall constituh;'onc "and the same.document. Attachment I to Resolution 2009-226 Page 14 of 22 14-22 [N WITNESS WHEREOF, the parties hcreto have caused this Agreement to be exccuted the day and year first set forth above. C1Tl' OF CHULA V]STA, a municipal McMfLLTN OTAY R4NCH, LLC, a corporation Delaware limitcd liabiliry company BY: McMILLIN COMPAi�IlES,LLC, a By ^ � Delaware timited liability company Cheryl Cox Ma}; r fts: Manager Attest: By I . ' ted Name: oQp ��1C(LG� � � �� Donna R Noms, Ciry Clerk By APPROVED AS TO FORM: Its: � / PnntedName: N��p�p5 [� � , . By . r - �. Miesf�Id�City.4ttomey ,�� Attachment I to Resolution_ Page I5 of 22 14-23 n� � ��f f�� CALIFORNIA ALL PURPOSE � CERTIF�CATE OF ACKNOWLEDGMIENT �t � � �: STATE OF CALIFORNIA �� COUNTY OF SAi�i DfEGO �; � } � � On October 14,2009, before me,Ann M. Futo.Notarv Public, personally appeared Todd Galameau and <S' Nick Lee, who proved to me on thz basis of satisfactory evidence to be the p�rson(s) tivhose name(s) is/aze �� F, subscribed to thz �vithin instnime�t and acknowledged to me that ke,�slze/the executed the same in � �� kisf#�ef/their authorizzd capacity(ies), and that by#i�k�/their signature(s) on tlle instrument the person(s), y or the entity upon behalf of which the person(s) acted, e�ecuted the instrument. � s� l certify under PENALTY OF PERJURY under the laws of the State of Californ�a that the foregoing � � paragraph is true and correct. $ - �WITNESS my hand and official sea1. �j� � j ��ii f�t�iq 25 l ) Vl YI _ � i l � ��/4 � �"�Corp� � Signature �/`^ �" `�' ��++ �i �S � �� ;{ �� > , �� . � 5 � ,..,..,v. �,.. _ � . ., �,�,.�� .,.,:.� _:�„w......vJ.,y..�� . . ,..,.,�...�.,.,.�,.,...�..,...,w. ,...,.,.,��:..�,..�:�.,�-.�:.�,.�,. . Nogry Fam 3009 . 14-24 . G0�l��?�d1��i Ct3D� 273�� .7 ! CEr�Ti�Y U4�=R P�NAL�' O, P�R.lU�Y T,-�AT i;:= �I�TAsY Sc�! flsa ir'.c DO�Jt'r�� Tt3 N/:�iC;-i T'ri3S STATt34LNT IS A ti„C'.-1,Y7 R1,t3S AS �fll!01+JS: f' �I�/ /yl � fuTo - N=_re o� tne Notar!: ; . Comrissier i�:ui:�bar: /�J 2 / '3o Da?= Ccmmiss:cn�iras:�i1�• ��/ °�� Ceun�+/ 4�J`ere.Bcnd is �iizd: � ��-7 � p,iancrac:v:¢r cr Vendor �i;.3nber: �n'/� I (Located on bo� sides o# t�-�e �o�:�r seal bcr�e;) . � ' Signzs.:re: �- .� �' f ' � ��y �- �la� (/,-�f1" Fr..� iVz a i� appl;��ie} ' �.- .r; �i -� l/��L� � Da?e: �� -Z� �/ • F1_..a c� E,:acL_cn: a�c:-�-,afltc SP.e�.71sei � 14-25 - ACKNOWLEDGEMENT State of Califomia County of San Die�o On the 12th day of October, 2009, before me, Teresa Rodriguez, Deputy City Clerk, � personally appeared Cheryl Cos, who proved to me on the basis of satisfqctory evidence to be the person whose name is subscribed to the�aithin instrument and acknowled�ed to me that she executed the same in hcr authorized capacity, and that by her signature on the instrument,the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL"CY OF PERJ URY under the laws ofthe 5tate of Califomia that the fore�oing paragraph is true and correct. WITNESS my hand and official seal. �.�'`L'-5' . . . � °��; y a_�' • "" '- Teres�Rodriguez, eputy'City Clerk __- Ciry of Chufa Vista' ---- c�: :� cs � � ', � � �� ° 14-26 . . . , �, �=. EXHIBIT A LeQal Description of Mc1�Iillin Properri� With Man of All of EUC REAL PROPERTY I\ THE UNlCORPORATED AREA OF THE COIJbiTY OF SAh' DIEGO, STATE OF CALIFORNIA DESCRiBED AS FOLLOWS. PARCEL 3 OF PARCEL MAP NO. IS481, IN THE CITY OF CHULA VISTA, COUt�TY OF SAN DIEGO, STATE OF CALTFORAlA, FiLED IN THE OFFICE OF THE COU'I�'TY RECORDER OF SAN DIEGO COUNTY,MAY;1,2000,AS TNSTRUMENI'NO.2000-283b84 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE LAND DESCRIBED Rv THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION OP FEE IN'fEREST RECORDED MAY 22, 3003, AS INSTRU?v1ENT NO. 2003-060�1602, AhD ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATI0�1 OF FEE I\TEREST RECQRDED MAY 22, 2003,AS IIJSTRUMENT TJO. 2003-0604603, AND CONVEYED TO THE STATE OF CAL(FORNIA 8Y GRANT DEED RECORDED MAY ��, �003, AS NS7RUMEtiT N0. ZOOi- 0604607,ALL OF OFF[CIAL RECORDS OF SAN DIF_GO COUNTY,CALIFORNIA. \` ..� .it�• ;I�� . NLLAGE 72 PARCEL 2 PM 18481 '1 ; 'PA�RCEL 61RCH ROAD �-,\' ' •�• '! A _ - 9 ..�`.::=" . _. �^ �� ` ' „•= '- VILLAGE 11 .: . � MAP 14780 �" 'p� APN'k 643-612-02 9� ��CiC�3 1. ..+' PM 18481 ;: � VILL4GE 7 FUTURE E.U.C. • APN#643-060-19 � APtv;643-060-16 '�; �� i • �. �. \. 1`, . \��:i Y� � �clsw�M��. �. i U��Y' • .\ � . . LOT18 � � _ . APN�644-070-01 - „ ' LOT 23 . 0 - OTAY RANCH � 'I^'CC NOi TJ F.�LC IWY W2 RO.S.i�1 Attachment 1 to Resolution 2009-226 A-1 Pagc 1 G uf 22 � 14-27 E\fI[BI"1' B Concc��tual Nfap of McAlillin Proncrh� and Parks Exhibit B ; z�=im-�a=erBma�t=—.. .�� '��,. � � � n? �-::� '� . i° "`* ; r-�t -�` - t ;,�\*� .�� ; ; ; :..``...-,-�.,. 1� � �� SI . / \�"�—� ' f ` —°—~-1---'_ '4, � ` � � ry �� 'l =' � / +\ 11� G � p E� i ,-ll' n. ' � I, � �; ,� r;,::' "��-. ' r- , Nonheast �%�;�. %. %, ��,�/ ;Inieraction' •�/ ��' � ,i��.��n��„' si '�' � IA�L:I� �� \. ./��7�iLi""�w.n ,,��c� � h ! :�' � „ —_ .-- . ! 1>� .:'. \ '/ ' • ,r. �' I � :`,�I . \ /' � �I I��` � , c' �'1�::��:k � � s �!' ; J,{ � : �� 1 : : �� Crvic ` � ' � ` ' . �; ��;. i � `Y��j�. 'Kinetic'�` i � f ; I�l' ____. 1 , , - ; � 1; ��. � )U( -atl"" �t_..___...,._ ...._..._.._: __�{. — . �' i �'� ,� �=^� 1 T('u�w�=�G;�ti�nS�,�ly'��j�--\ ��'� ��=1� — • 1 i �� II ��,! � � � • ^i I � � ti �TOVm Square ��i� y ' \� '�'5.:�, L�' -.:I ' '(Performance _ . I , � ,. ; ` �-----� . _ . I', li � t �_`..\\ '`, � �� '''j. M� i 51 ,' i �� \. _ � _...1 �..�, n i�� v�— j��ti,; i �4F�,��*pf.� �'� �', 9�^,lE3F rifdGe�� , .;�iu •'��. � �� .:�" ��tuF�'\�� `af`�`� ~x � �� i,t�� ''�1k }' / �a G\ I'Y �k �,, �'1�7� I.�SOUYh1•Ir:St J ,�� j' u _r�4'r 'P.totion' �F �°� 1 L _,�!° :. t � ,.. y . ., �.' ;3 ' 4 `" R�.� � � e �� t�.: , '� �....- -- --- ..._�. �- ._— � � � - "� �. � � A` - --•�. �' 1 ��: ! p� � , . ' �'�. @§� ;� '�Souuieast /:*'' `� •": ' ro�niaqes , q�� %��4_: - 'Ofcles' Yi S t ��`J. ��---� ;•,""...: ' y.. ;�.�`• \\^��-`-�� :'- .�,Sou�h'CenUal ,,.�; /_�) _ '�,� y;...,:n�.LignY , i'r� I �- -'._- ° " - - ' -� :�`.c ?7�� °ublic Paiks._ - '' -.,�r�• � Private Parks ' �t Privale Ofiice Plua ..•.••• Jo99ing Pa1h IJO;e:Jogging patn anC Ply�bCGons ere conc:�uyanCv:�ItbesecwzCNrough�ha Eastern Urban Center � � T1A cor�Qitions�M fie wncepcual biocY. a��a��-.. Otay Ranch Auuchment 1 to Resolution 2009-22G B-1 I'agc 17 of 22 14-28 EXIi1BIT C Valuc Engineeriog Guidclines Inrcnt: The intent of these Value Engineering Guidelines Pro�ram is to provide a decision making [ool for addressuig facility desi�,n andlor inclusion should the Escalator and anv value en�ineering esercise not result in sufTicient funJs to complete Ihe construction of the parks as ori�inally anticipated. Guidelines• L At a minimwn, thc park f:+cilities should meet the follo�aing objectives: a. �Anq. f:�cility revision or rcduction musl not reduce `1'lacemaking' funclion of the parks. b. Facility reducUOns or modificaiions shall focus on the rccrcational necds of lhc target demographic as identified in the EUC SPA Pian and ensure facilities to meet lt�is target demographic. c. Any faciliry re��ision or reciuction should maintain the design concept for the particular park us identifizd in ihe EUC SPA Plan. 2. Each park shal] maintain the core facilities that promote � multiplicity of recrcational experiences rather than a sin¢ular use(for an esample; the muitipurpose field area�vould be � maintained over a spccialized court sport faciltty). 3. Each park shall mainfain at least one focus element that addrcsszs the `energy' design concrpl for thc particular park as identified in the EUC SPA Plan. 4. Each pazk shall pro��ide both shaded and sunny rcereational areas. Shade can be provided by structure or tree caiiopy. �. tacli park shall provide a complement of site fumishings for the general operations of the park, including at a minimum adequate waste and recydin� receptacles, benches aind potable ��ater sources. G. A� a minimum, ifpro�r�mmeJ into lhe park and identified in the EUC SPA Pla��, rzstroon�/maintcnancc facililirs mll bc provided unlcss thc City ofChula Vista dctemiines othenvise. The estent and design of Ihese facilities may be sub�ect to ��alae-en;ineering. 7. Each park should maintain its commitmeat to sustainable practices includin�drought tolerant p4ant materials, increasc of pervious surfaces, lo�v eneray and low waicr use fixtures, recycled materials and other measures. S. Grdnis or other contributing funding sources such as sponsorships should he explored to increase the fimJin� pool and enablc the initial dcsign concepls. Atlachmcnt 1 to [Zesolution 2009-22G C-1 1S of 22 14-29 Eshibit D Thresholds for Parks I'ark fOD Submit 1'arkA7xstcr 1'lan Couunencc Conslructiun.l'• Pa�k COm[71etiDn = Submil 1'uhlic Access cascmcnt(i(nceded) P1 On first Prior to issuance of first Prior to occupancy o(100 Park�u bc compkmd onc � Pi�ml Map building pemiit for Tentatiee dwtlling units wit6in'Pentative ycar afmr park Ma Lot d Ma�Lot�l. Commenccs Cnivetnution� P2 On first 1'rior to issuance of first Prior to occupancy of a Lbrary Yark to be completeA onc Final A1ap buildmg pcnnil for a library or or cultur�l vcnuc in Lo[s 7 or ycarallcr park commenccs eultural vcnut willein Lots 7 or 16.` CO115[NCUOII Z 1l.� 1'3 S On lirst Prior w iseuance nf tirs[ Priur lo oceapancy uf the �irst I'ark to be compieted unc PBYLYi I�inal �lap building�xmiii for Tenlative building on Tentaliec nvp Lo�s ycar a(ter park commznccs �ta I.ots 17 or 1S. I7 or IS. mnvnictinn Z � I'1 On firs� . I'rior lo issuanee ol liist Prior ro uccupaney of 100 Park io be cumpleted uue final �9ap building pem»i for Tcntati��e dwdling units within for - ycar afler park conunenccs Ma Lot 27. Trntatiw Ma I.ot 27.� cunstructiun' 1'S On first Prior tn issuance of I irst Priur lo occupanty uf GS I'ark�o be completed one . Final�lap building permit for Tenta[it�e dtt�elling uniis within Tenta�ivt ycar aficr park convnrnces Ma Lol 2G. � Ma Lot 2G. � cunstn�ciion 2 PG On firsl Prior w issuance of lirs[ Prior to occupancy uf 200 Park W 6e compielyd nnc I�inal Map . building penvit Cor Lot 2S. dwelline units widtin Lot 2S� ycar after park cuuvntnces � cnnsin�ci ion� II'it is deiam:ined [hat a school site �vill br locatcd adjacent to the p�rk then construciion of the par�:slmll cummence priur Iu its opc�ling. � � . 3 Shuuld suCGcicnt evidcnce or bnndiny be provideJ lo ihe Cily Enginecr ensuring Ihm ihe park will bc complztad in a timely mm�ner thcn thc City L'nginecr m�}�allo��building pennits [u be issucd in the subsequent SPA Sitc Utilizaiimi Plan UistricLi and/or Tcnlative Map Lois: � � � " - � , ' Should another building fronting on the park si�e replace the Ibrary or culWral venue, ihe usu�nce of a building �xrmit for,and occupancy uf, that building"'ill trigger[he submittal of dic park masicr plan and the mnuncncement uf consuvclion.res cctivcl ,uf P2. Nul�:S�ciiru� % ,..Crcurim..giv�.r dm Ciq�dzc rill�r to u•i16GnlJ huifrGn.�prrnii�s fiir muLS ur prupc�fies�rithin 1hr L•UC shnuL! pnrk consuvcliai canune��crmen� or parkc canplura�t nn�occm'm•rhu��n m IGis erhiGil. Thresholds f'or Recreational Facilities � I�acilih�(s) Submit Design Submit SecuritV, Credit Reccived Engincers Est. & public access easement .Jogging 1'�il� With projec[submittal Prinr lo pmject Buildin� Throu�h"f\i Condilion S m DRC. • cnnit SIA/SSIA(s Officc Ninzas With projcct subntiunl Prinr lo projccl Building "Phruugh'1'M Cnndition l �u DRC. ermit SIA/SSIA(s) Notes: It is anticip�tcd Ihat individual project suhmiltals will eontain �heir project portion uf the rccreatiunal fuciliiics �nd that Ihe Ciry �vill accept recma[ionul facilily delivery in segments through tlie buildout of tlic EUC. Pedestrian Im ruvement Plaiis mca�u che Im rorcment I.ns that canlain ihe cdestrian facilit referrrttcd. f\ttachincnt I to Rcsulution D-1 �� -�� 14-30 T ... C . 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ORDII�'ANCE OF THE CITY COUI�'CIL OF THE CITY OF CHULA VISTA AMEI�TDII�'G THE CITY OF CHULA VISTA COMIviLJNITY FACILITIES DISTRICT ORDI�7ANCE TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON CERTAI�' CITY PARK PROPERTY AI�iD TO AUTHORIZE THE DIRECT BILLII�TG OF THE CITY FOR SUCH SPECIAL TAX R'HEREAS, on April 28, 1998, the City Council, acting under its Chaner authorit}�; enacted Ordinance I�'o. 2730, the "Chula Vista Communiri Facilities District Ordinance` (the "Ordinance"); incorporating the provisions of the Mello-Roos Communih� Facilities Act of 1982. as amended (commencing �vith Govemment Code Section �3311) (the "A4ello-Roos Act '); into the Ordinance ��ith modifications to accomplish the follo��ine: (1) incorporation of all maintenance activities authorized by the "Landscaping & Lightine Act of 1972" (the "1972 Act"); (2) include certain maintenance activities not listed in the Mello-Roos Act or the 1972 Act; and (3) establish an operating reserve fund for open space districts; and �VEHREAS. on September 1�; 2009, the Citv Council approved an Agreement Reeazdina Construction of Parks in a Portion of Otay Ranch Eastern Urban Center (the "Eastem Urban Center Parks Agreemenr') and the Eastem Urban Center Parks Aereement states that the Cit}� and McMillin shall split equally the costs of maintainins the public parks, i.e., those pazks for ��-hich the City has accepted title pursuant to the Eastern Urban Center Pazks Aereement, in the Eastern Urban Center (the "Public Urban Parks") based on preliminar}� cost estimates provided by both the Cit�� and McMillin; and ��'HEREAS, Mcn4illin Otay Ranch LLC ("McMillin") has requested that the Cit}• conduct proceedings to consider the approval of the formation of Community Facilities District I�'o. 14A4 ("CFD 14M") to provide the necessazy funding for the operation and maintenance of public landscapine; storm ti�ater quality, walls, fencing, trails; pedestrian bridses; liehtinQ, and park improvements �i�ithin the Eastem Urban Center/Millenia project by levyine an annual "special tax" �i�hich is to be collected from the property owners ��ithin CFD I�M; and WHEREAS; to ensure the annual collection of the Citv's portion of the cost of the maintenance of the Public Urban Pazks pursuant to the Eastern Urban Center Pazks Agreement (the "City's Annual Public Urban Pazks Maintenance Cosr'); MeMillin has further requested that CFD 14M be structured with h;�o zones �;�ith the Public Urban Pazks to be placed into the second zone and to be subject to the levy of a special tax to generate special taK revenue sufficient to fund the City`s Annual Public Urban Parks Maintenance Cost; and �VHEREAS; Go��emment Code Section �3340(c) provides that properties or entities of the state; federal, or local eovemments shall, subject to certain stamtory exceptions not applicable hereto; be e�empt from the le�� of special ta.�es; and 1:Wnome��\FINAL RESOS AND ORDIN.ANCESL013\I? ]0 13\ORDINANCE-PU`-CFD Ordinance Amendmentdoc 12/3/2013 9:36 A,�t 14-35 Resolution No. Page 2 WHEREAS, the proposed special tax structure requires an amendment to the Ordinance to authorize the levy of a special tas on the property included in the Public Urban Parks and to authorize the direct billing of the City each year for the payment of such special taY for the sole purpose of financing the Cit}�'s Annual Public Urban Parks Maintenance Cost. NOW, THEREFORE, the City Counci] of the City of Chula Vista does ordain as follows: 1. Section 5, Amendments to Mello-Roos Act, of Ordinance 2730 is hereby amended to add paragraph D. thereto which shall read as follows: "D. Authorization to Levy and Collect a Soecial Tax A�ainst the Eastern Urban Center Urban Parks' PropertY. (1). Unless the conte�t otherwise requires, the definitions contained in this subparagraph (1) shall govem the construction of paragraph D: (a). "City's Annual Public Urban Parks Maintenance Cost ' sliall mean the City's share of the cost of the annual maintenance of the Public Urban Costs determined pursuant to the Eastern Urban Center Parks Agreement. (b). "Landowner' shall mean the City of Chula Vista. (c). "Eastern Urban Center Parks AgreemenP' means that certain Agreement Regarding Construction of Parks in a Portion oF Otay Ranch Eastern Urban Center made as of the 15th day of September, 2009 by and bet�i�een the City of Chula Vista and McMillin Otay Ranch LLC. (d). "Public Urban Parks ' shall mean those parks to which the City accepts title pursuant to the �astem Urban Center Parks Agreement. (e). "Public Urban Parks Property" shall mean those parcels of real property owned by the City and upon N�hich the Public Urban Parks are ]ocated or to be located. (2). Notwithstanding the provisions of Government Code Section 53340(c), a specia] tax may be authorized to be levied by a community facilities district established by the City pursuant to the Mello-Roos Act, as amended by the City of Chula Vista Community Facilities District Ordinance, on the Public Urban Parks Property for the sole purpose of financing the City's Annual Public Urban Parhs Maintenance Cost. Such special tax may not be levied for the purpose of administering such community facilities district, tl�e levy and collection of such special tax or the establishment and maintenance of an operating reserve applicable to the City's obligation to fund the City's Annual Public Urban Parks Maintenance Cost. J:\Attomey�F'INAL RESOS AND ORDINANCES�013U2 10 13\ORDINANCH-PW-CFD Ordinance AmendmenLdoc 12/3/2013 10:57 AM 14-36 Resolution No. Paee 3 (.i). In an�� communit}� facilities district proposed to be established to le�� a special ta�c as pro��ided for in subparagraph (2) above, the legislative bod�� shall b}� resolution designate a portion or portions of such communitv facilities district as an improvemeni azea that shall include only the Public Urban Pazks Property. The portions of the communit�� facilities district included in such improvement azea need not be contieuous. Afrer the desienation of such improvement area. all proceedines for the purpose of levyine the special ta�es for the pati�ment of the Cit}�'s Annual Public Urban Pazks Maintenance Cost or for any chanee pursuant to Article 3 of the Mello-Roos Act, shali apply onl}� to such improvement azea. (4). Any special tax authorized to be le��ied by a community facilities district as provided for in subparagraph (2) above shall be collected bv direct billine of the Cirv by such communin� facilities district or the administrator of such community facilities district. The provisions of Govemment Code Section �3340(e) shall not apply to the collection of such special tax. Such special ta� shall be authorized to be levied onl}� so lon2 as the Eastem Urban Center Parks Agreement or the oblisations of the City to fund the City's Annual Pubiic Urban Pazks Maintenance Cost remain in effect. 2. All other provisions of Ordinance 2T0 shall remain in full force and effect. 3. This Ordinance shall take effect and be in force on the thirtieth dav afrer its final passage. 4. The Cit}� Clerk shall certify to the passaee and adoption of this Ordinance and shall cause the same to be published or posted accordina to la�+�. Presented by Approved as to form by n /�/. n h':�� ,1 . Richazd A. Hopkins �r G�n�]Y Go9gins Director of Public \T�orks ��--Ci��Attorney� 1:4�nomev�FI1�AL RESOS A\'D ORD[N.ANCES�2013U2 10 li\ORDI�ANCE-P\V-CFD Ordinance Amendmentdoc 1?/3/2013 10:57�1 14-37