HomeMy WebLinkAbout2015/11/17 City Council Agenda Packet - Regular MeetingMary Casillas Salas, Mayor
Patricia Aguilar, Counllrernber
Pamela Bensoussan, Coon llmember
John McCann, Co n it ern er
Steve l ll sen, Coun ilmember
h
to
Brovv-tr� Act
y ,,e -UY OF
CHULA VISYA
Gary Halbert} City Manager
Glen R. Googins, City Attorney
Donna R. Norris, City Clerk
Tuesday, November 17, 201 5:00 PM Council Chambers
276 4th Avenue, Building
Chula Vista, CA 91910
REGULAR MEETING of THE CITY COUNCIL
CALL To OE
ROLL CALL:
Co ncilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Salas
FLEDGE of ALLEGIANCE To THE FLAG AND MOMENT of SILENCE
SPECIAL ORDERS of THE DAY
A. 15-0622 PRESENTATION OF A PROCLAMATION TO SOUTH BAY
COMMUNITY SERVICES PRESIDENT/CEO KATHRYN
LEII B , YOUTH AND FAMILY DIRECTOR MAURICIO
TIE, CASTLE PAT ELEMENTARY SCHOOL
PRINCIPAL PAL ALMA MO EN , AND CHULA VISTA
PROMISE NEIGHBORHOOD ENGLISH LANGUAGE
LEARNER COACH AND CESAR CHA IEZ BOOK CLUB
COORDINATOR CARMEN E. QUINTANA PROCLAIMING
2015-2016 AS CASTLE PARK ELEMENTARY CESAR
CHA EZ BOOR CLUB YEAR IN THE CITY OF CHULA
VISTA
City of Chula Vista Page 1 Printed on 1/11212015
City Council Agenda November 17, 2015
B. 15 -0498 PRESENTATION OF THE CROWNING OF THE 2015
STARLIGHT PARADE AMBASSADORS
CONSENT CALENDAR (Items 1 - 7)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests that an item
be removed for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting. Items pulled from the Consent Calendar will be discussed immediately following
the Consent Calendar.
1. 15 -0624 APPROVAL OF MINUTES of October 27, 2015.
Staff Recommendation: Council approve the minutes.
2. 15 -0620 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE LANDSCAPE WATER CONSERVATION ORDINANCE,
CHAPTER 20.12 OF THE MUNICIPAL CODE, TO COMPLY
WITH STATE REQUIREMENTS TO INCREASE WATER
EFFICIENCY FOR NEW AND RETROFITTED
LANDSCAPES (SECOND READING AND ADOPTION)
Department: Development Services Department
Staff Recommendation: Council adopt the ordinance.
3. 15 -0402 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MAINTENANCE
AGREEMENT FOR INTERIM DRAINAGE IMPROVEMENTS
AND NPDES FACILITIES WITH SLF IV /MCMILLIN
MILLENIA JV, LLC, FOR OTAY RANCH MILLENIA PHASE
2 (EASTERN URBAN CENTER) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Department: Development Services Department
Staff Recommendation: Council adopt the resolution.
4. 15 -0558 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT FOR CHULA
VISTA TRACT NO. 09 -03 OTAY RANCH MILLENIA PHASE
2 (EASTERN URBAN CENTER) BETWEEN THE CITY AND
SLF IV- MILLENIA, LLC
Department: Development Services Department
Staff Recommendation: Council adopt the resolution.
City of Chula Vista Page 2 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 2
City Council Agenda November 17, 2015
5. 15 -0597 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY TO ENTER
INTO A 10 -YEAR LEASE PURCHASE AGREEMENT WITH
PNC EQUIPMENT FINANCE, LLC. FOR THE ACQUISITION
OF TWO (2) PIERCE ARROW XT TRIPLE COMBINATION
PUMPER /FIRE ENGINES, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL PURCHASE AND
LEASE AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY TO ENTER
INTO A 10 -YEAR LEASE PURCHASE AGREEMENT WITH
LEASING 2, INC. FOR THE ACQUISITION OF ONE (1)
HME AHRENS - FOX MODEL 34D/500 TYPE III FIRE
APPARATUS /BRUSH ENGINE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE FINAL PURCHASE
AND LEASE AGREEMENT
Department: Fire Department
Staff Recommendation: Council adopt the resolutions.
6. 15 -0603 CITY ATTORNEY REPORT ON CITY COUNCIL TERM
LIMITS AND CITY COUNCIL DIRECTION TO STAFF
REGARDING SAME
Department: City Attorney
Staff Recommendation: Council hear the report and provide direction to staff as it deems
appropriate.
7. 15 -0574 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RELEASE OF A
REQUEST FOR PROPOSALS TO SOLICIT AN EVENT
PLANNER FOR A SPONSORED CITY EVENT TO BE HELD
IN EASTERN CHULA VISTA IN SPRING 2016
Department: City Manager
Staff Recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
City of Chula Vista
Page 3
Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 3
City Council Agenda November 17, 2015
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council's jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Council from discussing or taking action on any issue not included
on the agenda, but, if appropriate, the Council may schedule the topic for future discussion
or refer the matter to staff. Comments are limited to three minutes.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
8. 15 -0623 RATIFICATION OF APPOINTMENT OF FERNANDO KISH
AND TODD VOORHEES TO THE BOARD OF ETHICS
COUNCILMEMBERS' COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance with
the Ralph M. Brown Act (Government Code 54957.7).
9. 15 -0612 CONFERENCE WITH LEGAL COUNSEL REGARDING
EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9 (a)
Name of case: Jeffrey Hughes v. City of Chula Vista,
Worker's Compensation Appeals Board, Case No.
ADJ9500826, ADJ9500827
ADJOURNMENT
to the Special City Council Meeting on November 17, 2015, at 5:30 p.m., in the Council
Chambers, and thence to the Regular City Council Workshop on December 3, 2015, at
4:00 p.m., in the Council Chambers.
Materials provided to the City Council related to any open- session item on this agenda are available
for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A,
during normal business hours.
City of Chula Vista
Page 4
Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 4
City Council Agenda November 17, 2015
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and /or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619)
691-504 1 (California Relay Service is available for the hearing impaired by dialing 711) at least
forty -eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT &T U -verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m.
(both channels) and are archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 5
Printed on 11/12/2015
Page 5
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0622, Item #: A.
City of Chula Vista
Staff Report
PRESENTATION OF A PROCLAMATION TO SOUTH BAY COMMUNITY SERVICES PRESIDENT /CEO
KATHRYN LEM BO, YOUTH AND FAMILY DIRECTOR MAU RICIO TORRE, CASTLE PARK ELEMENTARY
SCHOOL PRINCIPAL ALICIA MORENO, AND CHULA VISTA PROMISE NEIGHBORHOOD ENGLISH
LANGUAGE LEARNER COACH AND CESAR CHAVEZ BOOK CLUB COORDINATOR CARMEN E.
QUINTANA PROCLAIMING 2015 -2016 AS CASTLE PARK ELEMENTARY CESAR CHAVEZ BOOK CLUB
YEAR IN THE CITY OF CHULA VISTA
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 1 of 1
Printed on 11/12/2015
pow frredeby LegistarT""
g 6
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0498, Item #: B.
City of Chula Vista
Staff Report
PRESENTATION OF THE CROWNING OF THE 2015 STARLIGHT PARADE AMBASSADORS
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 1 of 1
Printed on 11/12/2015
pow frredeby LegistarT""
g 7
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0624, Item #: 1.
City of Chula Vista
Staff Report
APPROVAL OF MINUTES of October 27, 2015.
RECOMMENDED ACTION
Council approve the minutes.
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 1 of 1
Printed on 11/12/2015
pow frredeby LegistarT""
g t33
Tuesday, October 27, 2015
CALL TO ORDER
City of Chula Vista
Meeting Minutes -Draft
5:00 PM
REGULAR MEETING OF THE CITY COUNCIL
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann,
Councilmember Miesen and Mayor Salas
Also Present: City Manager Halbert, City Attorney Googins, Assistant City Clerk Bigelow, and Deputy
City Clerk Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Aguilar led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 15 -0442
PRESENTATION BY PARADE DIRECTOR LIEUTENANT
COMMANDER HENRY A. MARTINEZ II AND VETERAN'S
ELEMENTARY SCHOOL PRINCIPAL FROYLAN VILLANUEVA OF
THE 2015 VETERANS DAY PARADE
Lieutenant Commander Martinez and Mr. Villanueva gave a presentation on the 2015 Veterans Day
parade.
B. 15 -0591
PRESENTATION OF A PROCLAMATION TO LA BELLA PIZZA
GARDEN OWNERS TONY RASO JR., JOE RASO AND STAN DALE
COMMENDING LA BELLA PIZZA GARDEN FOR 60 YEARS OF
HOSPITALITY IN THE CITY OF CHULA VISTA
Mayor Salas
read the proclamation and Councilmember Miesen presented it to La Bella Pizza Garden
owners Tony Raso Jr., Joe Raso and Stan Dale.
C. 15 -0467
PRESENTATION OF A PROCLAMATION TO EMPLOYEES OF COX
COMMUNICATIONS PROCLAIMING TUESDAY, OCTOBER 27, 2015
AS COX CARES FOUNDATION DAY IN THE CITY OF CHULA VISTA
Mayor Salas
read the proclamation and Councilmember McCann presented it to Ceanne Guerra and
lleana Ovalle Engel, representing Cox Communications.
City of Chula Vista
Page 1
2015 -11 -17 Regular Meeting Agenda Packet Page 9
City Council Meeting Minutes - Draft October 27, 2015
D. 15 -0576 PRESENTATION BY ENVIRONMENTAL SERVICES MANAGER LYNN
FRANCE AND RECYCLING SPECIALIST MARTIE SOLOMON OF THE
BEAUTIFY CHULA VISTA EVENT HELD OCTOBER 10, 20155 AND
GROUP RECOGNITION OF THE 720 VOLUNTEERS WHO
PARTICIPATED
Environmental Services Manager France and Recycling Specialist Solomon gave an overview of the
Beautify Chula Vista event and presented a slide show.
E. 15 -0374 UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT
PROGRAM: LEAN GREEN RECYCLING PROJECT
Performance and Organizational Development Manager Mills spoke regarding the City's Continuous
Improvement Program. Associate Planners Tessitore -Lopez and Vander Bie, Sr. Accountant Galeana
and Recycling Specialist Hice gave a presentation on the Lean Green Recycling Project.
CONSENT CALENDAR (Items 1 -10)
1. 15 -0592 APPROVAL OF MINUTES of September 22, 2015.
Recommended Action: Council approve the minutes.
2. 15 -0585 WRITTEN COMMUNICATIONS
Memorandum from Councilmember Aguilar requesting an excused
absence from the October 6, 2015 City Council meeting.
Recommended Action: Council excuse the absence.
3. 15 -0271 A. RESOLUTION NO. 2015 -241 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK
PURPOSES LOCATED IN OTAY RANCH VILLAGE 2
B. RESOLUTION NO. 2015 -242 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF
THE IRREVOCABLE OFFERS OF DEDICATION FOR PUBLIC OPEN
SPACE AND OTHER PURPOSES LOCATED IN OTAY RANCH
VILLAGE 2
Recommended Action: Council adopt the resolutions.
4. 15 -0465 RESOLUTION NO. 2015 -243 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND D -MAX ENGINEERING INC. FOR
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DRY
WEATHER MS4 OUTFALL DISCHARGE MONITORING SERVICES
AND AUTHORIZING THE CITY MANAGER TO APPROVE UP TO
THREE ONE -YEAR EXTENSIONS TO SAID AGREEMENT
Recommended Action: Council adopt the resolution.
City of Chula Vista Page 2
2015 -11 -17 Regular Meeting Agenda Packet Page 10
City Council Meeting Minutes - Draft October 27, 2015
5. 15 -0544 RESOLUTION NO. 2015 -244 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE (1)
SEWER TV INSPECTION VEHICLE UNDER THE TERMS AND
CONDITIONS OF NATIONAL JOINT POWERS ASSOCIATION
CONTRACT NUMBER 022014 -AMI AND AWARDING A PURCHASE
ORDER IN THE AMOUNT OF $3115591 TO ATLANTIC MACHINERY,
INC.
Recommended Action: Council adopt the resolution.
6. 15 -0543 ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION
2.52.125 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
(FIRST READING)
Recommended Action: Council place the ordinance on first reading.
7. 15 -0557 FISCAL YEAR 2014/2015 ANNUAL FINANCIAL STATUS REPORT
Recommended Action: Council accept the report.
8. 15 -0565 RESOLUTION NO. 2015 -245 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING A LICENSE AGREEMENT WITH
AAAG- CALIFORNIA, LLC (AIM) FOR CITY -OWNED PROPERTY
LOCATED AT 610 BAY BOULEVARD
Recommended Action: Council adopt the resolution.
9. 15 -0566 RESOLUTION NO. 2015 -246 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AGREEMENT ( "TASER
QUOTATION ") BETWEEN THE CITY AND TASER INTERNATIONAL
FOR THE PURCHASE OF BODY -WORN CAMERAS, DATA STORAGE
AND RELATED PRODUCT SUPPORT SERVICES
Recommended Action: Council adopt the resolution.
10. 15 -0569 RESOLUTION NO. 2015 -247 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $12,500 FROM THE DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID
FUNDS TO THE POLICE GRANT FUND (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember Miesen, seconded by Councilmember
McCann, to approve staff's recommendations on the above Consent Calendar
items, headings read, text waived. The motion carried by the following vote:
Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas
No: 0
Abstain: 0
City of Chula Vista Page 3
2015 -11 -17 Regular Meeting Agenda Packet Page 11
City Council Meeting Minutes - Draft October 27, 2015
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Charles wolf, representing the Parade Band Foundation, presented a video and spoke regarding the
upcoming Chula Vista Bayfront Band Review and Festival.
The following members of the public expressed concern regarding fees and services provided at the
Norman Park Senior Center.
- Gloria Escalera, Chula Vista resident
- Kay Bodge, National City resident
Crystal Vasquez spoke on behalf of Cruz Vasquez, Chula Vista resident, representing the United
Association of Food Trucks of San Diego, who requested that the Council implement standards and
regulations for food trucks in Chula Vista.
CITY MANAGER'S REPORTS
There were none.
MAYOR'S REPORTS
Mayor Salas spoke regarding the following recent events: UTC Aerospace Systems, formerly Rohr,
celebration of 60 years in Chula Vista; San Diego Magazine's annual Latino Impact Awards; discussion
on water issues and rates; speaking engagement for the Mexican American Business and Professional
Association; visit from the Mayor of Rosarito; her recent visit to the Stephen Hawking Charter School,
and the opening of the Easton Archery Center of Excellence at the Olympic Training Center. She
recognized Kala Lopez of Villa Bonita Senior Living for her receipt of the Outstanding Department
Director of the Year award by the California Assisted Living Association.
11. 15 -0588 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS
& COMMISSIONS:
City of Chula Vista
Christopher Ramirez, Veterans Advisory Commission
Griselda Delgado, Cultural Arts Commission
Leticia Cazares, Cultural Arts Commission
Leslie Smith, Board of Appeals and Advisors
Brandon Machuca, Youth Action Council
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Bensoussan, that the above appointments be ratified. The motion carried by the
following vote:
Yes: 5 - Aguilar, Bensoussan, McCann, Miesen and Salas
No: 0
Abstain: 0
Page 4
2015 -11 -17 Regular Meeting Agenda Packet Page 12
City Council Meeting Minutes - Draft October 27, 2015
COUNCILMEMBERS' COMMENTS
Deputy Mayor Bensoussan and Councilmember Miesen spoke regarding the recent Ribbons and
Shovels Awards event.
Councilmember McCann spoke regarding the recent La Bella's anniversary event and the opening of the
Easton Archery Center of Excellence at the Olympic Training Center. He thanked Mayor Salas and
Councilmember Bensoussan for their work on the Ribbons and Shovels Awards event. He spoke
regarding the ribbon cutting event for the new fire engine at Station 1.
Mayor Salas announced that Items 12 and 13 would not be heard.
CLOSED SESSION
12. 15 -0573 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
Name of case: City of Chula Vista v. Bay & E, Inc., et al., San Diego
Superior Court, Case No. 37- 2013 - 00055103- CU- MC -CTL
Item 12 was not discussed.
13. 15 -0590 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
Name of case: Dan Villamin v. City of Chula Vista, et al., United States
District Court, Case No. 15cv2214 BAS RBB
Item 13 was not discussed.
ADJOURNMENT
At 6:39 p.m., Mayor Salas adjourned the meeting to a Special City Council Retreat on October 30, 2015,
at 12:00 p.m., in the Visitor's Center Conference Room located at the Olympic Training Center; and
thence to the Regular City Council Meeting on November 3, 2015, at 5:00 p.m., in the Council
Chambers.
City of Chula Vista
Page 5
Kerry K. Bigelow, Assistant City Clerk
2015 -11 -17 Regular Meeting Agenda Packet Page 13
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0620, Item #: 2.
City of Chula Vista
Staff Report
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE LANDSCAPE WATER
CONSERVATION ORDINANCE, CHAPTER 20.12 OF THE MUNICIPAL CODE, TO COMPLY WITH
STATE REQUIREMENTS TO INCREASE WATER EFFICIENCY FOR NEW AND RETROFITTED
LANDSCAPES (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
In response to the ongoing drought in California, the California Code of Regulations Title 23, Waters,
Division 2, Department of Water Resources, Chapter 2.7 "Model Efficient Landscape Ordinance" was
revised and approved by the California Water Commission on July 7, 2015. The action requires all
municipalities and counties to either adopt the revised State's Model Water Ordinance or to adopt an
ordinance of equal or greater efficacy by December 1, 2015. The proposed revisions to the existing
Chula Vista Landscape Water Conservation Ordinance meet the State requirements.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a
Class 7 categorical exemption pursuant to Section 15307 [Actions by Regulatory Agencies for
Protection of Natural Resources] of the State CEQA Guidelines, because the proposed action seeks
to implement a State mandate aimed at conserving the City's water resources through proper
landscape design, installation, maintenance and water management techniques and standards.
Thus, no further environmental review is necessary.
BOARD /COMMISSION RECOMMENDATION
N/A
DISCUSSION
The current Chula Vista Landscape Water Conservation Ordinance, Chapter 20.12 of the Chula Vista
Municipal Code, came into effect January 1, 2010. The key principle was a requirement to compare
and not exceed the anticipated water availability on a given landscape project with the estimated
water use once the landscape and irrigation are installed.
Governor Brown's Drought Executive Order of April 1, 2015 (EO B- 29 -15) directed the Department of
Water Resources to update the State's Model Water Efficient Landscape Ordinance through
expedited regulation.
The Executive Order called for revising the State's Model Ordinance to increase water efficiency
City of Chula Vista Page 1 of 3 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet page 1by LegistarT""
File #: 15 -0620, Item #: 2.
standards for new and retrofitted landscapes through:
more efficient irrigation systems,
• g reywater usage
onsite storm water capture
limiting the portion of landscapes that can be covered in turf
lowering the amount of water allowance that can be applied to landscape
The Executive Order also requires reporting on the implementation and enforcement of local
ordinances, with required reports due by December 31, 2015. Updating the ordinance to incorporate
these elements will help stretch our limited water supplies.
The California Water Commission approved their revised model water ordinance on July 7, 2015 and
released the final text to municipalities on Sept 15.
Local agencies (cities and counties) have until December 1, 2015 to adopt the Model Ordinance or
adopt their own ordinance, which must be at least as effective in conserving water as the State's
Model Ordinance.
The revisions to the Chula Vista Landscape Water Conservation Ordinance (Chapter 20.12)
incorporate the mandated state changes.
DECISION -MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500 -foot rule found in California Code of Regulations Title 2, section
18702.2(x)(11), is not applicable to this decision for purposes of determining a disqualifying real
property - related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,
et seq.).
Staff is not independently aware, and has not been informed by any Council member, of any other
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The objective of this
ordinance touches on both Operational Excellence and Economic Vitality in that it promotes the
conservation of water.
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 2 of 3
Printed on 11/12/2015
p Page 1b LegistarT""
File #: 15 -0620, Item #: 2.
CURRENT YEAR FISCAL IMPACT
The requirement to update this ordinance was generated by the State of California, making it an
unfunded mandate. The fiscal impact in the current year was the staff time associated with updating
this ordinance.
ONGOING FISCAL IMPACT
Overall, the ongoing fiscal impact for maintaining a newly developed area of landscaping should
lower water bills, however, the unit cost of water is increasing, making an accurate estimate
problematic. The ordinance does require a more detailed level of administrative review on small jobs
and the next Master Fee Schedule update should be revised to reflect these changes. Larger
projects are reviewed with full cost recovery and will not affect the General Fund
ATTACHMENTS
Attachment 1. Public Hearing Notice
Attachment 2. Proposed revision to the Chula Vista Landscape Water Conservation Ordinance,
Chapter 20.12
Attachment 3. Landscape Water Conservation Ordinance - strike out under line
Staff Contact: Mary Radley x3542
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 3 of 3
Printed on 11/12/2015
p Page 1b LegistarT""
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE LANDSCAPE WATER CONSERVATION ORDINANCE,
CHAPTER 20.12 OF THE MUNICIPAL CODE, TO COMPLY
WITH STATE REQUIREMENTS TO INCREASE WATER
EFFICIENCY FOR NEW AND RETROFITTED LANDSCAPES
WHEREAS, in response to the ongoing drought in California, the California Code of
Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7 "Model
Efficient Landscape Ordinance" was revised and approved by the California Water Commission
on July 7, 2015; and
WHEREAS, the action requires all municipalities and counties to either adopt the revised
State's Model Water Ordinance, or to adopt an ordinance of equal or greater efficacy by
December 1, 2015. The proposed revisions to the existing Chula Vista Landscape Water
Conservation Ordinance meet the State requirements; and
WHEREAS, the current Chula Vista Landscape Water Conservation Ordinance, Chapter
20.12 of the Chula Vista Municipal Code, came into effect on January 1, 2010. The key
principle was a requirement to compare and not exceed the anticipated water availability, on a
given landscape project, with the estimated water use once the landscape and irrigation are
installed; and
WHEREAS, Governor Brown's Drought Executive Order of April 1, 2015 (EO B- 29 -15)
directed the Department of Water Resources to update the State's Model Water Efficient
Landscape Ordinance through expedited regulation; and
WHEREAS, the Executive Order called for revising the State's Model Ordinance to
increase water efficiency standards for new and retrofitted landscapes through:
• more efficient irrigation systems
• greywater usage
• onsite storm water capture
• limiting the portion of landscapes that can be covered in turf
• lowering the amount of water allowance that can be applied to landscape; and
WHEREAS, updating the ordinance to incorporate these elements will help stretch
limited water supplies; and
WHEREAS, the California Water Commission approved its revised model water
ordinance on July 7, 2015 and released the final text to municipalities on Sept 15; and
2015 -11 -17 Regular Meeting Agenda Packet Page 17
Ordinance
Page 2
WHEREAS, the Executive Order also requires reporting on the implementation and
enforcement of local ordinances, with required reports due by December 31, 2015.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.
CHAPTER 20.12, LANDSCAPE WATER CONSERVATION
Sections:
Soil Management Report
20.12.010
Purpose
20.12.020
Definitions
20.12.03 0
Applicability
20.12.040
Exemptions
20.12.050
City of Chula Vista Landscape Manual
20.12.060
Landscape Documentation Package
20.12.070
Title Sheet
20.12.080
Soil Management Report
20.12.090
Planting Plan
20.12.100
Landscape Construction Plan
20.12.110
Irrigation Plans
20.12.120
Grading Plans
20.12.130
Irrigation System Design
20.12.140
Maximum Applied Water Allowance (MAWA)
20.12.150
Estimated Total Water Use (ETWU)
20.12.160
Water Allowance /Water Use Comparison.
20.12.170
Limitations On The Use Of Water Features.
20.12.180
Turf Regulations
20.12.190
Public Education &Model Homes
20.12.200
Recycled Water & Gray Water
20.12.210
Landscape Installation
20.12.220
Landscape and Irrigation Maintenance
20.12.23 0
Modified Approvals
20.12.240
Irrigation Testing and Statement of Substantial Conformance
20.12.250
City's Right To Inspect
20.12.260
Waste Water Prevention
APPENDIX 1 Prescriptive Compliance Option
20.12.010 Purpose
The State Legislature determined in the Water Conservation in Landscaping Act (the "Act "),
Government Code sections 65591 et seq. that the State's water resources are in limited supply.
The Legislature also recognized that while landscaping is essential to the quality of life in
California, landscape design, installation, maintenance and management must be water efficient.
The general purpose of this chapter is to establish water use standards for landscapes in Chula
2015 -11 -17 Regular Meeting Agenda Packet Page 18
Ordinance
Page 3
Vista that implement the landscape design requirements established by the Act. An updated
Model Water Ordinance was approved by the California Water Commission on July 7, 2015
Consistent with the Legislature's findings, the purpose of this ordinance is to:
A. Promote the values and benefits of landscaping practices that integrate and go beyond the
conservation and efficient use of water.
B. Establish a structure for planning, designing, installing, maintaining and managing water
efficient landscapes in new and rehabilitated landscapes.
C. Use of water efficiently, and without waste, by setting a Maximum Applied Water
Allowance as an upper limit for water use at the lowest practical amount.
D. Create conditions to support life in the soil by reducing compaction, incorporating
organic matter that increases water retention, and promoting productive plant growth that
leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits.
E. Minimize energy use by reducing irrigation water requirements, reducing reliance on
petroleum -based fertilizers and pesticides, and planting climate- appropriate shade trees in
urban areas.
F. Conserve water by capturing and reusing rainwater and graywater wherever possible and
selecting climate- appropriate plants that need minimal supplemental water after
establishment.
G. Protect air and water quality by reducing power equipment use and landfill disposal trips,
selecting recycled and locally sourced materials, and using compost, mulch and efficient
irrigation to prevent erosion.
H. Protect existing habitat and creating new habitat by choosing local native plants, climate
adapted non - natives and avoiding invasive plants. Utilizing integrated pest management
with least toxic methods as the first course of action.
20.12.020 Definitions
A. "Applicant" means an individual or entity submitting a landscape documentation
package to request a permit, plan check, or design review from the City of Chula Vista.
B. "Automatic irrigation controller" means an automatic timing device used to remotely
control valves that operate an irrigation system. Automatic irrigation controllers are able to
self - adjust and-schedule irrigation events using either evapotranspiration (weather- based) or
soil moisture data.
C. "Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
D. "City" means the City of Chula Vista.
E. "Certified landscape irrigation auditor" means a person certified to perform landscape
irrigation audits by an accredited academic institution, a professional trade organization or
other program such as the US Environmental Protection Agency's WaterSense irrigation
auditor certification program and Irrigation Association's Certified Landscape Irrigation
Auditor program.
F. "Compost" means the safe and stable product of controlled biologic decomposition of
organic materials that is beneficial to plant growth. (It may include the material known as
Biochar.)
2015 -11 -17 Regular Meeting Agenda Packet Page 19
Ordinance
Page 4
G. "Conversion factor (0.62)" means the number that converts acre - inches per acre per
year to gallons per square foot per year.
H. "Cool season turf' means a type of turf that remains green in the winter months.
I. "Distribution uniformity" means the measure of the uniformity of irrigation water over
a defined area.
J. "Drip irrigation" means any non -spray low volume irrigation system utilizing emission
devices with a flow rate measured in gallons per hour. Low volume irrigation systems are
specifically designed to apply small volumes of water slowly at or near the root zone of
plants.
K. "Ecological restoration project" means a project where the site is intentionally altered
to establish a defined, indigenous, historic ecosystem.
L. "Effective precipitation" or "usable rainfall" (Eppt) means the portion of total
precipitation which becomes available for plant growth.
M. "Emitter" means a drip irrigation emission device that delivers water slowly from the
system to the soil.
N. "Established" in the context of landscape, means the point at which plants in the
landscape have developed significant root growth into the site. Typically most plants are
established after one or two years. Native habitat mitigation areas and trees may need three to
five years for establishment.
O. "Estimated Total Water Use" (ETWU) means the total water used for the landscape
area of the project.
P. "ET adjustment factor (ETAF)" means a factor that when applied to "reference
evapotranspiration ", adjusts for plant water requirements and irrigation efficiency, two major
influences on the amount of water required for healthy landscapes. The ETAF for residential
areas is 0.55 or below. The ETAF for non - residential areas is 0.45 or below. The ETAF for
new and existing (non - rehabilitated) Special Landscape Areas shall not exceed 1.0. The
ETAF for existing non - rehabilitated landscapes is 0.8.
Q. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time. See also `reference
evapotranspiration.'
R. "Flow rate" means the rate at which water flows through pipes, valves and emission
devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
S. "Flow sensor" means an inline device installed at the supply point of the irrigation
system that produces a repeatable signal proportional to flow rate. Flow sensors must be
connected to an automatic irrigation controller, or flow monitor capable of receiving flow
signals and operating master valves. This combination flow sensor /controller may also
function as a landscape water meter or sub - meter.
T. "Friable" means a soil condition that is easily crumbled or loosely compacted down to a
minimum depth per planting material requirements, whereby the root structure of newly
planted material will be allowed to spread unimpeded.
U. "Fuel Modification Plan Guideline" means guidelines from a local fire authority to
assist residents and businesses that are developing land or building structures in a fire hazard
severity zone.
V. "Gray water "means untreated wastewater that has not been contaminated by any toilet
discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and
does not present a threat from contamination by unhealthful processing, manufacturing, or
2015 -11 -17 Regular Meeting Agenda Packet Page 20
Ordinance
Page 5
operating wastes. "Gray water" includes, but is not limited to, wastewater from bathtubs,
showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not
include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section
17922.12. All graywater systems shall conform to the California Plumbing Code (Title 24,
Part 5, Chapter 16) and any applicable Chula Vista Standards.
W. " Hydrozone" means a portion of the landscape area having plants with similar water
needs and root depth. A hydrozone may be irrigated or non - irrigated.
X. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of
water per unit of time (e.g., inches per hour).
Y. "Invasive plant species" means species of plants not historically found in California that
spread outside cultivated areas and can damage environmental or economic resources.
Invasive species may be regulated by county agricultural agencies as noxious species. -Lists
of invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive and noxious weeds database.
Z. "Irrigation audit" means an in -depth evaluation of the performance of an irrigation
system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes,
but is not limited to: inspection, system tune -up, system test with distribution uniformity or
emission uniformity, reporting overspray or runoff that causes overland flow, and preparation
of an irrigation schedule. The audit must be conducted in a manner consistent with the
Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S.
Environmental Protection Agency "Watersense" labeled auditing program.
AA. "Irrigation efficiency" (IE) Irrigation efficiency means the measurement of the
amount of water beneficially used divided by the water applied. Irrigation efficiency is
derived from measurements and estimates of irrigation system characteristics and
management practices. The irrigation efficiency for purposes of this ordinance is 0.75 for
overhead spray devices and 0.81 for drip systems.
BB. "Invasive plant species" means an evaluation of an irrigation system that is less
detailed than an irrigation audit. An irrigation survey includes, but is not limited to:
inspection, system test, and written recommendations to improve performance of the
irrigation system.
CC. "Landscape architect" means a person who holds a license to practice
landscape architecture in the state of California, pursuant to Business and Professions Code,
Section 5615.
DD. "Landscape area" means an area with outdoor plants, turf and other vegetation
that uses water provided by the Otay Water District, the Sweetwater Authority or other local
water purveyor. A landscape area includes water features either in an area with vegetation or
that stands alone. A landscape area does not include the footprint of buildings, structures,
decks, patios, sidewalks, driveways, gravel or stone walkways void of plant materials, paved
portions of parking lots or other hard landscape. A landscape area does not include an area
without irrigation designated for non - development such as designated open space or area
with existing natural vegetation or a transition zone.
EE. "Landscape water meter" means an inline device installed at the irrigation
supply point that measures the flow of water into the irrigation system and is connected to a
totalizer to record water use.
FF. "Landscape Manual" means the City of Chula Vista Landscape Manual as may
be amended from time to time.
2015 -11 -17 Regular Meeting Agenda Packet Page 21
Ordinance
Page 6
GG. "Landscape Documentation Package" means a package of drawings and other
documents that are required to be submitted to the City for approval in order to demonstrate
that the landscape design complies with the requirements of this ordinance. The landscape
documentation package is subject to periodic update as part of the landscape manual
HH. "Low head drainage" means a sprinkler head or other irrigation device that
continues to emit water to the zone in which it is located after it has shut off.
II. "Low volume irrigation" means any equipment that uniformly delivers a low
volume of water, precipitation rate, to the landscape such as 0.5 inches, 0.7 inches and 1.0
inch per hour.
JJ. "Low water usage" means a plant species identified as having a low plant factor
in the context of plant selection.
KK. "High water usage" means a plant species identified as having a high plant factor
in the context of plant selection.
LL. "Mandatory Water Restriction" Restrictions to water supply mandated by the
State of California.
MM. "Master shut -off valve" is an automatic valve installed at the irrigation supply
point which controls water flow into the irrigation system. When this valve is closed water
will not be supplied to the irrigation system. A master valve will greatly reduce any water
loss due to a leaky station valve.
NN. "Maximum Applied Water Allowance" (MAWA) means the maximum allowed
water use for a specific landscape area based on the square footage of the area, the ETAF and
the reference ETo. The Estimated Total Water Use shall not exceed the Maximum Applied
Water Allowance. (Special Landscape Areas, including recreation areas, areas permanently
and solely dedicated to edible plants such as orchards and vegetable gardens, and areas
irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.)
MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 -ETAF) x SLA)]
00. "Median" is an area between opposing lanes of traffic that may be unplanted or
planted with trees, shrubs, perennials, and ornamental grasses.
PP. "Mine land reclamation project" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act of
1975.
QQ. "Mulch" means an organic material such as leaves bark, straw or inorganic
mineral materials such as rocks, gravel or decomposed granite left loose as applied to the soil
surface to reduce evaporation, suppress weeds, moderate soil temperature or prevent erosion.
RR. "Multi- family residential development" means condominiums, apartments and
mobile homes.
SS. "New construction" means, for the purposes of this ordinance, a new building
with a landscape or other new landscape, such as a park, playground, or greenbelt without an
associated building.
TT. "Non - residential landscape" means landscapes in commercial, institutional,
industrial and public settings that may have areas designated for recreation or public
assembly. It also includes portions of common areas of common interest developments with
designated recreational areas.
UU. "Operating pressure" means the pressure at which the parts of an irrigation
system are designed by the manufacturer to operate.
2015 -11 -17 Regular Meeting Agenda Packet Page 22
Ordinance
Page 7
VV. "Outdoor `WaterSmart' Package" means a document /documents, for example
leaflets and a checklist of recommendations, describing landscape water conservation
principles and techniques, including water budgeting, appropriate to small landscape design,
installation and renovation.
WW. "Overhead spray devices" or "overhead spray irrigation systems" means
systems that deliver water through the air (e.g., spray heads and rotors).
XX. "Overspray" means the water from irrigation or that is delivered outside an area
targeted for the irrigation and makes contact with a surface not intended to be irrigated.
YY. "Parkway" means the area between a sidewalk and the curb or traffic lane. It
may be planted or unplanted, and with or without pedestrian egress.
ZZ. "Permit" means an authorizing document issued by local agencies for new
construction or rehabilitated landscapes.
AAA. "Pervious" means any surfaces or material that allows the passage of water
through the material and into underlying soil.
BBB. "Plant factor" means a factor that, when multiplied by the ETo, estimates the
amount of water a plant needs for healthy growth. For purposes of this ordinance, the plant
factor range for very low water use plants is 0 to 0. 1, the plant factor range for low water use
plants is 00.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the
plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance
are derived from the publication "Water Use Classification of Landscape Species ". Plant
factors may also be obtained from horticultural researchers, from academic institutions or
professional associations as approved by the California Department of Water Resources
(DWR).
CCC. "Point of Connection" means the source of water for a specific irrigation system.
DDD. "Precipitation rate" means the rate of application of water measured in inches
per hour.
EEE. "Prescriptive Compliance Option" — An alternative submittal to the `landscape
documentation package' that may be used as a compliance option for approval of small scale
landscape and irrigation projects.
FFF. "Recreational area" means an area, excluding private single family residential
areas, designated for active play, recreation or public assembly in parks, sports fields, picnic
grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
GGG. "Recycled water" means water that has been treated at the highest level required
by the California Department of Health Services for water not intended for human
consumption. "Tertiary treated recycled water" means water that has been through three
levels of treatment including filtration and disinfectant. "Recycled water" is sometimes
referred to as "reclaimed water ".
HHH. "Reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters that affect the water use of plants. ETo is given in inches per day,
month or year and is an estimate of the evapotranspiration of a large field of four inches to
seven inches tall, cool season turf that is well watered. Reference evapotranspiration is used
as the basis of determining the MAWA so that regional difference in climate can be
accommodated.
III. "Rehabilitated landscape" means any re- landscaping project, that requires a
permit, plan check, or design review, in accordance with the applicability criteria of this
ordinance, and the modified landscape area is equal or greater than 2,500 square feet. In the
2015 -11 -17 Regular Meeting Agenda Packet Page 23
Ordinance
Page 8
case of single - family homes, only those construction projects that have impacts to
landscaped areas shall be deemed to be rehabilitated landscapes.
Mi. "Residential development" means development of single family or multi - family
homes.
KKK. "Runoff' means water that is not absorbed by the soil or landscape to which it is
applied and flows from the landscaped area. For example, runoff may result from water that
is applied at too great a rate (application rate exceeds infiltration rate) or when there is a
slope.
LLL. "Smart controller" means a weather -based or soil moisture based irrigation
controller that monitors and uses information about environmental conditions for a specific
location to automatically adjust watering schedules.
MMM. "Soil moisture sensing device" or "soil moisture sensor" means a device that
measures the amount of water in the soil. The device may also suspend or initiate an
irrigation event.
NNN. "Soil texture" means the classification of soil based on its percentage of sand,
silt, and clay.
000. "Soil" means the growing medium available for plant growth.
PPP. "Special landscaped area" (SLA) means an area of the landscape dedicated
solely to edible plants, recreational areas, areas irrigated with recycled water, or water
features using recycled water.
QQQ. "Sprinkler head" or "spray head" means a device which delivers water through
a nozzle.
RRR. "Statement of Substantial Conformance" references the form administered by
landscape inspectors.
SSS. "Static water pressure" means the pipeline or municipal water supply pressure
when water is not flowing.
TTT. "Station" means an area served by one valve or by a set of valves that operate
simultaneously.
UUU. "Sub meter" means a metering device to measure water applied to the landscape
that is installed after the primary utility water meter.
VVV. "Turf' means a ground cover surface of mowed grass. Annual bluegrass,
Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and
Buffalo grass are warm- season grasses.
WWW. "Valve" means a device used to control the flow of water in the irrigation system.
XXX. "Vegetated area" means an area with vegetation that is irrigated.
YYY. "Warm season turf' means a type of turf that grows during warm weather but
becomes dormant during cold weather.
ZZZ. "Water feature" means a design element where open water provides an
aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains,
artificial streams, spas, and swimming pools (where water is artificially supplied). The
surface area of water features is included in the high water use hydrozone of the landscape
area. Constructed wetlands used for on -site wastewater treatment or storm water best
management practices that are not irrigated and used solely for water treatment or storm
water retention are not water features and, therefore, are not subject to the water budget
calculation.
2015 -11 -17 Regular Meeting Agenda Packet Page 24
Ordinance
Page 9
AAAA. "WUCOLS" means the Water Use Classification of Landscape Species
published by the University of California Cooperative Extension and the Department of
Water Resources 2014, as may be amended from time to time.
20.012.030 Applicability
After December 1, 2015 this ordinance shall apply to any project requiring a building permit,
discretionary permit, or City approval of landscape and irrigation plans that are within the
following categories:
A. New construction projects with an aggregate landscape area equal to or greater
than 500 square feet and rehabilitated landscape projects with an aggregate
landscape area equal to or greater than 2,500 square feet requiring a building or
landscape permit, plan check or design review.
Applicants shall submit a Landscape Documentation Package to the City for
approval, by City signature, prior to the installation of the landscape improvements.
B. A model home that includes a landscape area where the home is served by either
the Otay Water District, the Sweetwater Authority or the California American Water
Company. Applicants shall submit a Landscape Documentation Package to the City
for approval, by City signature, prior to the installation of the landscape
improvements. Plans shall include informational signs explaining the principles of
water efficient landscape based on a water budget.
C. For projects that are below the above stated thresholds the City offers an
Outdoor Water Smart Package explaining techniques that can be used to conserve
water in landscape design.
This ordinance shall apply to new applications and applications that have been through one City
plan check by City officials. Applications that have had two or more plan checks are `grand
fathered' in, with their current landscape design concept. However, it is recommended that the
applicant voluntarily modify landscape proposals that are high in water use.
20.12.040 Exemptions
This ordinance does not apply to the following:
A. Registered local, state or federal historical sites.
B. Ecological restoration projects that do not require a permanent irrigation system.
C. Mine land reclamation projects that do not require permanent irrigation systems.
D. Existing plant collections, as part of botanical gardens and arboretums open to the
public.
20.12.050 City of Chula Vista Landscape Manual
2015 -11 -17 Regular Meeting Agenda Packet Page 25
Ordinance
Page 10
The City of Chula Vista Landscape Manual is incorporated into the Chula Vista Municipal Code
by reference. The City of Chula Vista Landscape Manual may be periodically updated by the
Director of Development Services.
20.12.060 Landscape Documentation Package
Project applicants shall submit the necessary information on required landscape and irrigation
plans in a form and manner prescribed by the Director of Development Services. Necessary
information shall include:
A.
Title Sheet
B.
Soil Management Report
C.
Planting Plan
D.
Landscape Construction Plan
E.
Irrigation Plan
F.
Grading Plan
20.12.070 Title Sheet
The title sheet shall contain items as described in the City of Chula Vista Landscape Manual.
The title sheet shall also contain the applicant's signature and a date along with the statement "I
am familiar with and agree to comply with the requirements for landscape improvement
plans as described in Chapter 20.12 of the Municipal Code. I have prepared this plan in
compliance with those regulations. I certify that the plan implements the regulations to
provide efficient landscape water use."
20.12.080 Soil Management Report
The soil management report shall be prepared by a licensed landscape architect, licensed civil
engineer or licensed architect and contain the information described in CVMC 20.12.080.A and
20.12.080.B. The soil management report shall be based on site conditions after grading
operations have been completed. The soil management report information shall either be
submitted as one of the sheets in the planting plan set or as a separate document.
A. An analysis of the soil for the proposed landscape area of the project covering
information about soil texture, soil infiltration rate, pH, total soluble salts, plant
sodium, percent organic matter and horticultural suitability.
B. Recommendations for soil amendments that may be necessary to allow healthy plant
survival and growth in the landscape area using efficient irrigation techniques.
C. In projects with multiple landscape installations (i.e. production home
developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy
this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7
lots.
20.12.090 Planting Plan
2015 -11 -17 Regular Meeting Agenda Packet Page 26
Ordinance
Page 11
The planting plan shall be prepared by a licensed landscape architect, licensed civil
engineer or licensed architect and contain, but is not limited to the following
information:
A. A list /legend of all vegetation by botanical and common name that exists or is
proposed to be planted in the landscape area(s). For new planting include the
quantities, container size at planting, the location of each plant and the associated
hydrozone. Identify existing vegetation to remain and existing vegetation to be
removed. Protection and preservation of native species and natural vegetation and
selection of local native species is encouraged where appropriate.
B. The planting design shall group plants in hydrozones based on the moisture
requirements of those plants. A hydrozone may mix plants of moderate and low water
usage or plants with high water usage with plants of moderate water usage. No
hydrozone shall mix plants with high water usage with plants with low water use.
Plant factors are available from WUCOLS.
C. Plant selection shall take into account suitability of the soil and climatic attributes as
well as the availability of supplemental water available through irrigation.
D. The planting plan set shall include planting details, specifications, maintenance
specifications and responsibilities.
E. Plant selections for all properties adjacent to a wild land —urban interface or open
space area shall comply with current Chula Vista Fire Department guidelines and
regulations.
F. The use of invasive plant species, such as those listed by the California Invasive Plant
Council, is strongly discouraged.
G. The plan shall demonstrate compliance with best management practices required by
Section 14.20 of the Municipal Code.
H. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in
street medians.
I. Soil Preparation, Mulch and Amendments
(A) Prior to the planting of any materials, compacted soils shall be transformed to a
friable condition. On engineered slopes, only amended planting holes need meet this
requirement.
(B) Soil amendments shall be incorporated according to recommendations of the soil
report and what is appropriate for the plants selected.
(C) For landscape installations, compost at a rate of a minimum of four cubic yards
per 1,000 square feet of permeable area shall be incorporated to a depth-of six inches
into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are
exempt from adding compost and tilling.
J. Organic mulch materials made from recycled or post- consumer shall take precedence
over inorganic materials or virgin forest products unless the recycled post- consumer
organic products are not locally available. Organic mulches are not required where
prohibited by local Fuel Modification Plan Guidelines or other applicable local
ordinances.
K. A minimum three inch (3 ") layer of mulch shall be applied on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or
direct seeding applications where mulch is contraindicated. To provide habitat for
2015 -11 -17 Regular Meeting Agenda Packet Page 27
Ordinance
Page 12
beneficial insects and other wildlife, up to 5 % of the landscape area may be left
without mulch.
20.12.100 Landscape Construction Plan
The landscape construction plan shall include all elements of hard landscape, paving,
Storm water management and drainage not shown on civil engineering plans. It shall include
physical layout, specifications and details. The landscape construction plan shall include plans,
details and specifications of any water features that comprise the overall landscape
improvements. Implementing storm water best management practices into the landscape and
grading design plans to minimize runoff and to increase on -site rainwater retention and
infiltration are encouraged.
A. Project applicants shall refer to the local agency or Regional Water Quality Control
Board for information on any applicable storm water technical requirements.
B. All planted landscape areas are required to have friable soil to maximize water retention
and infiltration.
C. It is strongly recommended that landscape areas be designed for capture and infiltration
capacity that is sufficient to prevent runoff from impervious surfaces as required by any
applicable local, regional, state or federal regulation.
D. It is recommended that storm water projects incorporate any of the following elements to
improve on -site storm water and dry weather runoff capture and use:
(1) Grade impervious surfaces, such as driveways, during construction to drain to
vegetated areas.
(2) Minimize the area of impervious surfaces such as paved areas, roof and
concrete driveways.
(3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or
blocks, pervious or porous concrete) that minimize runoff.
(4) Direct runoff from paved surfaces and roof areas into planting beds or
landscaped areas to maximize site water capture and reuse.
(5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment
systems.
(6) Incorporate infiltration beds, swales, basins and drywells to capture storm
water and dry weather runoff and increase percolation into the soil.
(7) Consider constructed wetlands and ponds that retain water, equalize excess
flow, and filter pollutants.
20.12.110 Irrigation Plans
The irrigation plans shall be prepared by a licensed landscape architect, licensed civil
engineer, licensed architect or an irrigation consultant. The irrigation plans shall include,
but are not be limited to, the following information:
A. The location, type and size of all components of the irrigation system that will
provide water to the landscape area, including, but not limited to, controller, water
lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers,
pressure regulators and backflow devices.
2015 -11 -17 Regular Meeting Agenda Packet Page 28
Ordinance
Page 13
B. The irrigation water source and type (potable or recycled), point of connection, the
static water pressure at the point of connection, the application rate in inches per hour
and the design operating pressure in pounds per square inch for each station.
C. Irrigation schedule information including typical irrigation schedules that demonstrate
that landscape can thrive using the MAWA calculated as part of that package. Include
specification notes for routine inspection, repair and replacement of equipment and
state the party responsible for maintenance.
D. A table that identifies MAWA for the improvements, including the calculations used
to determine the MAWA. The calculations shall be based on the formula in paragraph
20.12.140. Temporarily irrigated areas shall be included in the low water use
hydrozone. The surface area of a water feature or pool shall be included in the high
water use areas for the purposes of water budget calculation.
E. A table that identifies ETWU for the improvements and includes the calculations used
to determine the ETWU. The calculations shall be based on the formula in paragraph
20.12.150. Temporarily irrigated areas shall be included in the low water use
hydrozone. The surface area of a water feature or pool shall be included in the high
water use areas for the purposes of water budget calculation.
F. The plan shall demonstrate compliance with best management practices required by
Section 14.20 of the municipal code.
G. Identify any applicable graywater discharge piping, system components and area(s) of
distribution.
H. Notes describing requirement to carry out an independent irrigation audit upon
completion of landscape improvements.
20.12.120 Grading Plans
Grading plans shall include site grading information including, but not limited to, elevations,
slope heights, drainage patterns, pad elevations, storm water management, and finish grade.
Previously approved grading plans that comply with the City grading ordinance Chapter 15.04,
"as built" grading plans or grading plans undergoing the grading permit approval process are
acceptable submittals.
20.12.130 Irrigation System Design
The following techniques and practices shall be incorporated into the design of irrigation
systems:
A Landscape water meters, defined as either a dedicated water service meter or private
sub - meter, shall be installed for all non - residential irrigated landscapes of 1,000 sq. ft.
but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and
residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter
may be either:
1. A customer service meter dedicated to landscape use provided by the local
water purveyor; or
2. A privately owned meter or sub - meter.
2015 -11 -17 Regular Meeting Agenda Packet Page 29
Ordinance
Page 14
B The irrigation system shall be designed to conform to the hydrozones of the plants
specified in the planting plan.
C The irrigation system shall be designed to prevent runoff, over spray, low -head
drainage and other similar conditions where irrigation water flows or sprays onto area
not intended for irrigation and use low volume irrigation or mulched areas wherever
feasible
D Portions of irrigation systems containing slopes greater than 25 percent shall utilize
an application rate of 0.75 inches per hour or less to prevent runoff unless the
applicant clearly demonstrates that no runoff or erosion will occur. (Prevention of
runoff and erosion must be confirmed during the irrigation audit.)
E Sprinkler heads and other low emission devices shall be selected based on what is
appropriate for the plant type in the hydrozone and shall have matched precipitation
rates unless otherwise directed by the manufacturer's recommendations.
F Sprinkler spacing shall be designed to achieve the highest possible distribution
uniformity.
G Areas less than ten (10) feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produces no runoff or overspray.
H The system shall provide that only low volume irrigation is used to irrigate any
vegetation within 24 inches of an impermeable surface unless the adjacent
impermeable surfaces are designed and constructed to cause water to drain entirely
into landscaped areas.
J The irrigation system shall be regulated by means of a smart controller (either
evapotranspiration, weather based, soil moisture utilizing non - volatile memory based
or similar.).
K Irrigation projects equal or greater than 5,000 square feet shall include the installation
of a master valve and flow sensor to prevent water waste associated with mainline
breaks and other failures.
L Where feasible, trees shall be placed on separate valves from shrubs, groundcover and
turf to facilitate the appropriate irrigation of trees. The mature size and extent of the
root zone shall be considered when designing irrigation for the tree.
M If the water pressure is below or exceeds the recommended pressure of the specified
irrigation devices, the installation of a pressure regulating device is required _to ensure
that the dynamic pressure at each emission device is within the manufacturer's
recommended pressure range for optimal performance.
N Flow sensors that detect high flow conditions created by system damage or
malfunction are required for all on non - residential landscapes and residential
landscapes of 5000 sq. ft. or larger.
O All irrigation emission devices must meet the requirements set in the American
National Standards Institute (ANSI) standard, American Society of Agricultural and
Biological Engineers' /International Code Council's (ASABE /ICC) 802 -2014
"Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in
the landscape must document a distribution uniformity low quarter of 0.65 or higher
using the protocol defined in ASABE /ICC 802 -2014.
2015 -11 -17 Regular Meeting Agenda Packet Page 30
Ordinance
Page 15
20.12.140 Maximum Applied Water Allowance (MAWA)
All applicable landscapes shall not exceed the MAWA calculated for the project using
the following formula:
MAWA = (ETo)(0.62)[(ETAF x LA) +((1 -ETAF) x SLA)]
In which the following abbreviations apply:
1. MAWA = Maximum Applied Water Allowance in gallons /year
2. ETo = Evapotranspiration in inches per year.
3. 0.62 = Conversion factor to gallons per square foot.
4. ETAF = 0.55 or below for residential landscape area
5. ETAF = 0.45 or below for non - residential areas
6. LA = Landscape Area excluding SLA.
7. SLA = Portion of the landscape area identified as Special Landscape areas.
Measured in square feet*
* The City reserves the right to reduce the ET adjustment factor (ETAF) for
Special Landscape Areas that are the responsibility of the City to maintain.
20.12.150 Estimated Total Water Use (ETWU)
All applicable landscape shall calculate the ETWU for each project using the following
Formula:
ETWU = Eto x 0.62 x [((PF x HA) /IE) + SLA]
{Considering precipitation ETWA = (Eto -Eppt) x 0.62 x [((PF x HA) /IE)
+SLA] }
In which the following abbreviations apply;
1. ETWU = Estimated Total Water Use in gallons per year.
2. Eto = Evapotranspiration in inches per year.
3. 0.62 = Conversion factor to gallons per square foot.
4. PF =Plant factor from WUCOLS.
5. HA = Hydrozone Area in square feet. Each HA shall be classified according
to its water use; high medium, or low according to the legends on the planting
plans.
2015 -11 -17 Regular Meeting Agenda Packet Page 31
Ordinance
Page 16
6. IE = Irrigation Efficiency (0.75 for overhead spray devices and 0.81 for drip
systems).
7. Eppt — Effective precipitation or useable rainfall
8. SLA = Portion of the landscape area identified as Special Landscape areas
measured in square feet.
20.12.160 Water Allowance / Water Use Comparison.
Irrigation plans shall state, in close proximity on the sheet, the MAWA and the ETWU
for each Point of Connection thereby demonstrating that the ETWU does not exceed
the MAWA in a format acceptable to the Director of Development Services or designee.
Any sets of plans where the ETWU does exceed the MAWA shall not be approved by the
City. (ETWU shall be equal to or less than MAWA)
Mandatory Water Restriction from the State of California, if implemented, may override the
maximum water allowance calculated for this project.
20.12.170 Limitations On The Use Of Water Features.
The total of all water features for a project, other than single - family homes with a landscape area
of less than 5,000 square feet and a homeowners association or apartment building swim
complex that serves a residential project, shall be limited to 15 percent of the total landscape area
of the project.
20.12.180 Turf Regulations
The following regulations shall apply to all projects that are required to submit a landscape
design package to the City for approval:
A. Turf shall not be used on slopes greater than 25 percent where the toe of the slope is
adjacent to an impermeable surface.
B. Areas less than ten (10) feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produces no runoff or overspray.
C. On commercial, industrial or multi - family landscape no turf shall be installed in a
median, parking lot island or parkway unless, if determined by the city manager,
limited use of turf is necessary to provide safe access for pedestrians leaving a parked
vehicle to reach the sidewalk.
D. On commercial, industrial or multifamily landscape no turf shall be installed on any
portion of the site that is inaccessible or unusable to a person who uses the site.
E. On commercial or industrial projects, decorative cool season turf shall not be used.
The use of warm season turf shall not exceed 15 percent of the total landscape area of
a project.
F. An athletic field, park, golf course, cemetery or other similar use shall be designed to
limit the use of turf to only those areas where it is essential for the operation of the
2015 -11 -17 Regular Meeting Agenda Packet Page 32
Ordinance
Page 17
facility, as determined by the city manager. Areas where turf is not essential to the
operation of the facility shall be landscaped with plants with lower water use
requirements than turf.
G. No turf shall be allowed in a landscape area that cannot be efficiently irrigated, for
example where overspray and run off cannot be avoided.
20.12.190 Public Education & Model Homes
All model homes shall clearly display a sign, visible from the roadway adjacent to the
home using black writing (two inches high minimum) on a white sign stating,
THIS MODEL HOME USES WATER EFFICIENT LANDSCAPE AND IRRIGATION. Signs
shall explain the principles of water efficient landscape based on a water budget and demonstrate
low water use approaches to landscaping such as using native plants, graywater systems, and
rainwater catchment systems.
Developers shall provide homebuyers with an Outdoor `WaterSmart' Package at move -in and
information about the City of Chula Vista Naturescape Program.
20.12.200 Recycled Water and Gray Water
Newly constructed and rehabilitated landscapes for public agencies and private
development projects with a landscape area equal to or greater than 2,500 square feet
including, but are not limited to industrial, commercial, cemetery, public, quasi - public,
institutional and multi - family residential development shall use recycled water or gray water for
irrigation purposes where it is available.
Use of recycled water or gray water for irrigation purposes does not excuse a person from
complying with all State and local laws and regulations related to recycled water use or
gray water use.
20.12.210 Landscape Installation
An approved landscape design package shall be fully installed prior to final inspection.
20.12.220 Landscape and Irrigation Maintenance
Once the landscape on all projects, approved as a result of these regulations, is
established, it shall be maintained to ensure compliance with the approved MAWA by
the party responsible for landscape maintenance.
20.12.230 Modified Approvals
An Applicant may submit an application to modify part or all of their Landscape
Documentation Package.
2015 -11 -17 Regular Meeting Agenda Packet Page 33
Ordinance
Page 18
20.12.240 Irrigation Testing and Statement of Substantial Conformance
(a) For all projects approved by the City, the landscape architect of record shall state in
writing that the landscape improvements have been installed in compliance with the
approved Landscape Documentation Package prior to final inspection and City issuance
of a certificate of completion of the project. They shall be satisfied that the irrigation
system has been functionally tested, by testing, irrigation survey or irrigation audit, for,
but not limited to, the following: distribution uniformity, over spray and that runoff has
been addressed, and water use can match the included calculations once plants are
established with the irrigation provided. The project applicant shall submit a copy of the
testing, irrigation survey or irrigation audit to the City prior to completion or turnover in
the case of public improvements.
(2) All landscape irrigation audits shall be conducted by a third party, independently certified
landscape irrigation auditor. Landscape audits shall not be conducted by the person who
designed the landscape or installed the landscape.
20.12.250 City's Right to Inspect
The City has the right, but not the obligation, to inspect any landscape installation for
which it has an approved Landscape Documentation Package.
20.12.260 Waste Water Prevention
No new irrigation system (since the approval of this ordinance) shall allow irrigation
water to flow onto adj acent property, non - irrigated areas, structure, walkways, roadways
or other paved areas whether the cause is run off, low head drainage or other similar
condition. Penalties for violating any provisions of this chapter will be issued pursuant to
CVMC 1.41.100 et seq.
2015 -11 -17 Regular Meeting Agenda Packet Page 34
Ordinance
Page 19
APPENDIX 1 Prescriptive Compliance Option
(a)This appendix contains prescriptive requirements which may be used as a compliance
option to the Model Water Efficient Landscape Ordinance on small scale landscape and
irrigation submittals. (2,500 square feet or less)
(b) Compliance with the following items is mandatory and must be documented on a
landscape plan in order to use the prescriptive compliance option:
(c)At the time of final inspection, the permit applicant must provide the owner of the
property with a certificate of completion, certificate of installation, irrigation schedule
and a schedule of landscape and irrigation maintenance.
(1) Submit a Landscape Documentation Package which includes the following elements:
(A) date
(B) project applicant
(C) project address (if available, parcel and /or lot number(s))
(D) total landscape area (square feet), including a breakdown of turf and plant
material
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-
installed)
(F) water supply type (e.g., potable, recycled, well) and identify the local retail
water purveyor if the applicant is not served by a private well
(G) contact information for the project applicant and property owner
(H) applicant signature and date with statement, "I agree to comply with the
requirements of the prescriptive compliance option to the MWELO ".
(2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a
depth of six inches into landscape area (unless contra- indicated by a soil test);
(3) Plant material shall comply with all of the following;
(A) For residential areas, install climate adapted plants that require occasional,
little or no summer water (average WUCOLS plant factor 0.3) for 75% of the
plant area excluding edibles and areas using recycled water; For non - residential
areas, install climate adapted plants that require occasional, little or no summer
water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding
edibles and areas using recycled water;
(B) A minimum three inch (3 ") layer of mulch shall be applied on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting groundcovers,
or direct seeding applications where mulch is contraindicated.
(4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential areas, and there
shall be no turf in non - residential areas;
(B) Turf shall not be planted on sloped areas which exceed a slope of 1 foot
vertical elevation change for every 4 feet of horizontal length;
(C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is
adjacent to a parking strip and used to enter and exit vehicles. Any turf in
2015 -11 -17 Regular Meeting Agenda Packet Page 35
Ordinance
Page 20
parkways must be irrigated by sub - surface irrigation or by other technology that
creates no overspray or runoff.
(5) Irrigation systems shall comply with the following:
(A) Automatic irrigation controllers are required and must use evapotranspiration
or soil moisture sensor data and utilize a rain sensor.
(B) Irrigation controllers shall be of a type which does not lose programming data
in the event the primary power source is interrupted.
(C) Pressure regulators shall be installed on the irrigation system to ensure the
dynamic pressure of the system is within the manufacturers recommended
pressure range.
(D) Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve)
shall be installed as close as possible to the point of connection of the water
supply.
(E) All irrigation emission devices must meet the requirements set in the ANSI
standard, ASABE /ICC 802 -2014. "Landscape Irrigation Sprinkler and Emitter
Standard," All sprinkler heads installed in the landscape must document a
distribution uniformity low quarter of 0.65 or higher using the protocol defined in
ASABE /ICC 802 -2014.
(F) Areas less than ten (10) feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produce no runoff or overspray.
(6) For non - residential projects with landscape areas of 1,000 square feet or more, a
private sub - meters) to measure landscape water use shall be installed.
2015 -11 -17 Regular Meeting Agenda Packet Page 36
Ordinance
Page 21
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
2015 -11 -17 Regular Meeting Agenda Packet Page 37
APPENDIX 1 Prescriptive Compliance Option
20.12.010 Purpose
The State Legislature determined in the Water Conservation in Landscaping Act (the "ACT "),
Government Code sections 65591 et seq. that the State's water resources are in limited supply.
The Legislature also recognized that while landscaping is essential to the quality of life in
California, landscape design, installation, maintenance and management must be water efficient.
The general purpose of this chapter is to establish water use standards for landscapes in Chula
Vista that implement the landscape design requirements established by the "ACT ". An updated
Model Water Ordinance was approved by the California Water Commission on July 7th' 2015
Consistent with the Legislature's findings the purpose of this ordinance is to:
Style Definition: Heading 1: Font: 16 pt, Bold,
No underline, Kern at 16 pt, Space Before: 12
pt, After: 3 pt
Style Definition: Heading 2: Font: (Default)
Arial
Style Definition: Body Text: Font: Not Italic,
Justified, Line spacing: Multiple 0.9 li, Tab
stops: 0.5 ", Left + 1 ", Left + 1.5 ", Left +
3.5 ", Left
Style Definition: Header
Style Definition: Footer
Style Definition: Body Text Indent: Justified,
Indent: Left: 0 ", Hanging: 1 ", Line spacing:
Multiple 0.9 li, Tab stops: 0.5 ", Left + 1 ", Left
+ 1.5 ", Left + 3.5 ", Left
Style Definition: Body Text Indent 2:
Justified, Indent: Left: 0 ", First line: 0.5 ", Line
spacing: Multiple 0.9 li, Tab stops: 0.5 ", Left +
1 ", Left + 1.5 ", Left + 3.5 ", Left
Style Definition: Body Text Indent 3: Font:
Italic, Justified, Indent: Left: 0 ", First line:
0.25 ", Line spacing: Multiple 0.9 li, Tab stops:
0.5 ", Left + 1 ", Left + 1.5 ", Left + 3.5 ", Left
Style Definition: Body Text 3: Font: 12 pt,
Bold, No widow /orphan control, Don't adjust
space between Latin and Asian text, Don't
adjust space between Asian text and numbers
Style Definition: Body Text 2: Font: 12 pt,
Right: 0 ", Line spacing: At least 12 pt, No
widow /orphan control, Don't hyphenate, Don't
adjust space between Latin and Asian text,
Don't adjust space between Asian text and
numbers, Tab stops: -0.5 ", Left + 1 ", Left +
1.5 ", Left + 1.75 ", Left + 2 ", Left + Not at
- 0.25" + 3.02" + 5.48" + 7.25"
Style Definition: HTML Preformatted
Formatted: Left: 1 ", Right: 1 ", Different first
page header
Formatted: Font: Not Bold
Formatted: Header
2015 -11 -17 Regular Meeting Agenda Packet Page 38
CHAPTER 20.12, LANDSCAPE WATER CONSERVATION
Sections:
20.12.010
Purpose
20.12.020
Definitions
20.12.030
Applicability
20.12.040
Exemptions
20.12.050
City of Chula Vista Landscape Manual
20.12.060
Landscape Documentation Package
20.12.070
Title Sheet
20.12.080
Soil Management Report
20.12.090
Planting Plan
20.12.100
Landscape Construction Plan
20.12.110
Irrigation Plans
20.12.120
Grading Plans
20.12.130
Irrigation System Design
20.12.140
Maximum Applied Water Allowance (MAWA)
20.12.150
Estimated Total Water Use (ETWU)
20.12.160
Water Allowance / Water Use Comparison.
20.12.170
Limitations On The Use Of Water Features.
20.12.180
Turf Regulations
20.12.190
Public Education & Model Homes
20.12.200
Recycled Water & Gray Water
20.12.210
Landscape Installation
20.12.220
Landscape and Irrigation Maintenance
20.12.230
Modified Approvals
20.12.240
Irrigation Testing and Statement 8f6f Substantial Conformance
20.12.250
City's Right To Inspect
20.12.260
Waste Water Prevention
APPENDIX 1 Prescriptive Compliance Option
20.12.010 Purpose
The State Legislature determined in the Water Conservation in Landscaping Act (the "ACT "),
Government Code sections 65591 et seq. that the State's water resources are in limited supply.
The Legislature also recognized that while landscaping is essential to the quality of life in
California, landscape design, installation, maintenance and management must be water efficient.
The general purpose of this chapter is to establish water use standards for landscapes in Chula
Vista that implement the landscape design requirements established by the "ACT ". An updated
Model Water Ordinance was approved by the California Water Commission on July 7th' 2015
Consistent with the Legislature's findings the purpose of this ordinance is to:
Style Definition: Heading 1: Font: 16 pt, Bold,
No underline, Kern at 16 pt, Space Before: 12
pt, After: 3 pt
Style Definition: Heading 2: Font: (Default)
Arial
Style Definition: Body Text: Font: Not Italic,
Justified, Line spacing: Multiple 0.9 li, Tab
stops: 0.5 ", Left + 1 ", Left + 1.5 ", Left +
3.5 ", Left
Style Definition: Header
Style Definition: Footer
Style Definition: Body Text Indent: Justified,
Indent: Left: 0 ", Hanging: 1 ", Line spacing:
Multiple 0.9 li, Tab stops: 0.5 ", Left + 1 ", Left
+ 1.5 ", Left + 3.5 ", Left
Style Definition: Body Text Indent 2:
Justified, Indent: Left: 0 ", First line: 0.5 ", Line
spacing: Multiple 0.9 li, Tab stops: 0.5 ", Left +
1 ", Left + 1.5 ", Left + 3.5 ", Left
Style Definition: Body Text Indent 3: Font:
Italic, Justified, Indent: Left: 0 ", First line:
0.25 ", Line spacing: Multiple 0.9 li, Tab stops:
0.5 ", Left + 1 ", Left + 1.5 ", Left + 3.5 ", Left
Style Definition: Body Text 3: Font: 12 pt,
Bold, No widow /orphan control, Don't adjust
space between Latin and Asian text, Don't
adjust space between Asian text and numbers
Style Definition: Body Text 2: Font: 12 pt,
Right: 0 ", Line spacing: At least 12 pt, No
widow /orphan control, Don't hyphenate, Don't
adjust space between Latin and Asian text,
Don't adjust space between Asian text and
numbers, Tab stops: -0.5 ", Left + 1 ", Left +
1.5 ", Left + 1.75 ", Left + 2 ", Left + Not at
- 0.25" + 3.02" + 5.48" + 7.25"
Style Definition: HTML Preformatted
Formatted: Left: 1 ", Right: 1 ", Different first
page header
Formatted: Font: Not Bold
Formatted: Header
2015 -11 -17 Regular Meeting Agenda Packet Page 38
Ordinance
P 2
A. Promote the values and benefits of
landscaping_ practices that integrate and go
beyond the conservation and efficient use of water.
B. Establish a structure for planning, designing, installing, maintaining and managing water
efficient landscapes in new and rehabilitated landscapes.
laiidse. hen it is ervailab4.-
Yxxxtn VV
D-.C. Use of water efficiently, and without waste, by setting a Maximum Applied Water
Allowance as an upper limit for water use at the lowest practical amount.
D. Create conditions to support life in the soil by reducing compaction, incorporating
organic matter that increases water retention, and promoting productive plant growth that
leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits.
E. Minimize energy use by reducing irrigation water requirements, reducing reliance on
petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in
urban areas.
F. Conserve water by capturing and reusing rainwater and graywater wherever possible and
selecting climate appropriate plants that need minimal supplemental water after
establishment.
G. Protect air and water quality by reducing power equipment use and landfill disposal trips,
selecting recycled and locally sourced materials, and using compost, mulch and efficient
irrigation to prevent erosion.
H. Protect existing habitat and creating new habitat by choosing local native plants, climate
adapted non - natives and avoiding invasive plants. Utilizing integrated pest management
with least toxic methods as the first course of action.
20.12.020 Definitions
A. - "Applicant" means an individual or entity submitting a landscape documentation
package to request a permit, plan check, or design review from the City of Chula Vista.
B. ".A.pplhed AALnteir"
nr n „ _ --- - ;+ +-
B. "Automatic irrigation controller” means an automatic timing device used to remotel
control valves that operate an irrigation system. Automatic irrigation controllers are able to
self - adjust and schedule irrigation events using either evapotranspiration (weather- based) or
soil moisture data.
C. "Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
D. "City" means the City of Chula Vista.
E. "Certified landscape irrigation auditor" means a person certified to perform landscape
irrigation audits by an accredited academic institution, a professional trade organization or
other program such as the US Environmental Protection Agency's WaterSense irrigation
auditor certification aroaram and Irritiation Association's Certified Landscaae Irriiiation
Auditor program. -
Formatted: Normal, Indent: Left: 0.5"
Formatted: Not Highlight
Formatted: Font: Bold
Formatted: Indent: Left: 0.25 ", First line: 0 ",
Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
Formatted: Indent: Left: 0.25 ", First line: 0 ",
Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
2015 -11 -17 Regular Meeting Agenda Packet Page 39
Ordinance
Page 3.4
Formatted: Right
F. "Compost" means the safe and stable product of controlled biologic decomposition of
organic materials that is beneficial to plant growth. (It may include the material known as
Biochar.
G. "Conversion factor (0.62)" means the number that converts acre - inches per acre per
year to alg lons per square foot per year.
H. "Cool season turf," means a type of turf that remains green in the winter months. -
Formatted: Indent: Left: 0.25 ", First line: 0 ",
F.
""Piseiretionaff • „
Numbered + Level: 1 +Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
denial.
at: 0.44" + Indent at: 0.69"
1. "Distribution uniformity" means the measure of the uniformity of irrigation water over
a defined area.
J. "Drip irrigation" means any non -spray low volume irrigation system utilizing emission
devices with a flow rate measured in alg lons per hour. Low volume irrigation systems are
specifically designed to apply small volumes of water slowly at or near the root zone of
plants.
G-. K. "Ecological restoration project" means a project where the site is intentionally
Formatted: Indent: Left: 0.25 ", First line: 0 ",
altered to establish a defined, indigenous, historic ecosystem.
Numbered + Level: 1 + Numbering Style: A, B,
L. "Effective precipitation" or "usable rainfall" (Eqpt) means the portion of total
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
precipitation which becomes available for plant -rg owth.
M. "Emitter" means a drip irrigation emission device that delivers water slowly from the
system to the soil.
H-. N. "Established" in the context of landscape, means the point at which plants in the
Formatted: Indent: Left: 0.25 ", First line: 0",
landscape have developed significant root growth into the site. Typically most plants are
Numbered + Level: 1 + Numbering Style: A, B,
established after one or two years. Native habitat mitigation areas and trees may need three to
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
five years for establishment.
]�.O. "Estimated Total Water Use" (ETWU) means the total water used for the
landscape area of the project.
-J-.P. "ET adjustment factor (ETAF)" means a factor that when applied to "reference I
evapotranspiration ", adjusts for plant water requirements and irrigation efficiency, two major
influences on the amount of water required for healthy landscapes. The ETAF for residential
areas is 0.55 or below. The ETAF for non - residential areas is 0.45 or below. The ETAF for
new and existing (non- rehabilitated) Special Landscape Areas shall not exceed 1.0. The
ETAF for existing non - rehabilitated landscapes is 0.8.
"Evapotranspiration rate" means the quantity of water evaporated from
adjacent soil and other surfaces and transpired by plants during a specified time. See also
`reference evapotranspiration.'
.
N. "Homeowner- »
R. "Flow rate" means the rate at which water flows through pipes, valves and emission
devices, measured in alg lons per minute, alg lons per hour, or cubic feet per second.
S. "Flow sensor" means an inline device installed at the supply point of the irrigation
system that produces a repeatable signal proportional to flow rate. Flow sensors must be
connected to an automatic irrigation controller, or flow monitor capable of receiving flow
2015 -11 -17 Regular Meeting Agenda Packet Page 40
Ordinance
P 4
signals and operating master valves. This combination flow sensor /controller may also
function as a landscape water meter or sub - meter.
T. "Friable" means a soil condition that is easily crumbled or loosely compacted down to a
minimum depth per planting material requirements, whereby the root structure of newly
planted material will be allowed to spread unimpeded.
U. "Fuel Modification Plan Guideline" means gyuidelines from a local fire authority to
assist residents and businesses that are developing land or building structures in a fire hazard
severity zone.
V. "Gray water" means untreated wastewater that has not been contaminated by any toilet
discharize, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and
does not present a threat from contamination by unhealthful processing, manufacturing, or
operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs,
showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not
include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section
17922.12. All graywater systems shall conform to the California Plumbing Code (Title 24,
Part 5, Chapter 16) and any applicable Chula Vista Standards.
Q_.W. "Hydrozone" means a portion of the landscape area having plants with similar
Formatted: Indent: Left: 0.25 ", First line: 0",
water needs and root depth. A hydrozone may be irrigated or non - irrigated.
Numbered + Level: 1 + Numbering Style: A, B,
�X. "Infiltration rate" means the rate of water entry into the soil expressed as a
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
depth of water per unit of time (e.g., inches per hour).
Y. "Invasive plant species" means species of plants not historically found in California that
spread outside cultivated areas and can damage environmental or economic resources.
Invasive species may be regulated by county agricultural agencies as noxious species. -Lists
of invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive and noxious weeds database.
Q-. "Irrigation audit" means an in -depth evaluation of the performance of an -
Formatted: Indent: Left: 0.25 ", First line: 0",
irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit
Numbered + Level: 1 + Numbering Style: A, B,
includes, but is not limited to: inspection, system tune -up, system test with distribution
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
uniformity or emission uniformity, reporting overspray or runoff that causes overland flow,
and preparation of an irrigation schedule. The audit must be conducted in a manner
consistent with the Irrigation Association's Landscape Irrigation Auditor Certification
program or other U.S. Environmental Protection Agency "Watersense" labeled auditing
program.
AAA. "Irrigation efficiency" (IE) Irrigation efficiency means the measurement of the
amount of water beneficially used divided by the water applied. Irrigation efficiency is
derived from measurements and estimates of irrigation system characteristics and
management practices. The irrigation efficiency for purposes of this ordinance is 0.75 for
overhead spray devices and 0.81 for drip systems.
BBB. "Invasive plant species" means an evaluation of an irrigation
system that is less detailed than an irrigation audit. An irrigation survey includes, but is not
limited to: inspection, system test, and written recommendations to improve performance of
the irrigation system_
ACC. "Landscape architect" means a person who holds a license to practice
landscape architecture in the state of California, pursuant to Business and Professions Code,
Section 5615.
2015 -11 -17 Regular Meeting Agenda Packet Page 41
Ordinance
Page 5.4 Formatted: Right
ADD. "Landscape area," means an area with outdoor plants, turf and other vegetation I
that uses water provided by the Otay Water District, the Sweetwater Authority or other local
water purveyor. A landscape area includes water features either in an area with vegetation or
that stands alone. A landscape area does not include the footprint of buildings, structures,
decks, patios, sidewalks, driveways, gravel or stone walkways void of plant materials, paved
portions of parking lots or other hard landscape. A landscape area does not include an area
without irrigation designated for non - development such as designated open space or area
with existing natural vegetation or a transition zone.
EE. "Landscape water meter" means an inline device installed at the irrigation
supply _point that measures the flow of water into the irrigation system and is connected to a
totalizer to record water use.
OFF. "Landscape Manual" means the City of Chula Vista Landscape Manual - Formatted: Indent: Left: 0.25 ", First line: 0",
as may be amended from time to time. Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
EGG. "Landscape Documentation Package" means a package of drawings and other at: 0.44" + Indent at: 0.69"
documents that are required to be submitted to the City for approval in order to demonstrate
that the landscape design complies with the requirements of this ordinance. The landscape
documentation package is subject to periodic update as part of the landscape manual
X—. HH. "Low head drainage" means a sprinkler head or other irrigation device that
continues to emit water to the zone in which it is located after it has shut off. Formatted: No underline
III. "Low volume irrigation" means any equipment that uniformly delivers a
low volume of water, precipitation rate, to the landscape such as 0.5 inches, 0.7 inches and
1.0 inch per hour.
JJ. "Low water usage" means a plant species identified as having a low plant factor
in the context of plant selection.
KKK. "High water usage" means a plant species identified as having a high plant factor
in the context of plant selection.
LL. "Mandatory Water Restriction" Restrictions to water supply mandated by the
State of California.
MM. "Master shut -off valve" is an automatic valve installed at the irrigation supply
point which controls water flow into the irrigation system. When this valve is closed water
will not be supplied to the irrigation system. A master valve will greatly reduce any water
loss due to a leaky station valve.
ANN. "Maximum Applied Water Allowance" (MAWA) means the maximum allowed
water use for a specific landscape area based on the square footage of the area, the ETAF and
the reference ETo. The Estimated Total Water Use shall not exceed the Maximum Applied
Water Allowance. (Special Landscape Areas, including recreation areas, areas permanently
and solely dedicated to edible plants such as orchards and vegetable gardens, and areas
irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0 . )
MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 -ETAF) x SLA)]
00. "Median" is an area between opposing lanes of traffic that may be unplanted or
planted with trees, shrubs, perennials, and ornamental rag sses.
PP. "Mine land reclamation project" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act of
1975.
Formatted: Indent: Left: 0.31 ", First line: 0 ",
Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
Formatted: Indent: Left: 0.25 ", First line: 0 ",
Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
2015 -11 -17 Regular Meeting Agenda Packet Page 42
Ordinance
P 6
BB.QQ. "Mulch" means an organic material such as leaves bark, straw or inorganic
Formatted: Indent: Left: 0.25 ", First line: 0 ",
mineral materials such as rocks, gravel or decomposed granite left loose as applied to the soil
Numbered + Level: 1 + Numbering Style: A, B,
surface to reduce evaporation, suppress weeds, moderate soil temperature or prevent erosion.
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
ERR. "Multi -- family residential development" means condominiums, apartments and
mobile homes.
DD.' SS. "New construction" means, for the purposes of this ordinance, a new
building with a landscape or other new landscape, such as a park, playground, or greenbelt
without an associated building.
TT. "Non - residential landscape" means landscapes in commercial, institutional,
industrial and public settings that may have areas designated for recreation or public
assembly. It also includes portions of common areas of common interest developments with
designated recreational areas.
UU. "Operating_ pressure" means the pressure at which the parts of an irrigation
system are designed by the manufacturer to operate.
VV. "Outdoor `WaterSmart' Package" means a document /documents, for example -
Formatted: Indent: Left: 0.25 ", First line: 0 ",
leaflets and a checklist of recommendations, describing landscape water conservation
Numbered + Level: 1 + Numbering Style: A, B,
principles and techniques, including water bud etin appropriate to small landscape design
C, ... +Start at: 1 +Alignment: Left +Aligned
at: 0.44" + Indent at: 0.69 ", Tab stops: Not at
2 installation and renovation.
1" + 2.92"
WW. "Overhead spray devices" or "overhead spray irrigation systems" means
systems that deliver water through the air (e.g., spray heads and rotors).
FF _. XX. "Overspray" means the water from irrigation or that is delivered outside an area -
Formatted: Indent: Left: 0.25 ", First line: 0",
targeted for the irrigation and makes contact with a surface not intended to be irrigated.
Numbered + Level: 1 + Numbering Style: A, B,
YY. "Parkway" means the area between a sidewalk and the curb or traffic lane. It
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69 ", Tab stops: Not at
may be planted or unplanted, and with or without pedestrian egress.
1" + 2.92"
zz. "Permit" means an authorizing document issued by local agencies for new
construction or rehabilitated landscapes.
GG.AAA. "Pervious" means any surfaces or material that allows the passage of water -
Formatted: Indent: Left: 0.25 ", First line: 0",
through the material and into underlying soil.
Numbered + Level: 1 + Numbering Style: A, B,
1414.,BBB. "Plant factor" means a factor that, when multiplied by the ETo, estimates the
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69 ", Tab stops: Not at
amount of water a plant needs for healthy growth. For purposes of this ordinance, the plant
1" + 2.92"
factor range for very low water use plants is 0 to 0. 1, the plant factor range for low water use
plants is 80.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the
plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance
are derived from the publication "Water Use Classification of Landscape Species ". Plant
factors may also be obtained from horticultural researchers, from academic institutions or
professional associations as approved by the California Department of Water Resources
DWR .
14-. CCC. "Point of Connection" means the source of water for a specific irrigation system.
J4-.DDD. "Precipitation rate" means the rate of application of water measured in inches
per hour.
Try
EEE. "Reece eats on"Prescriptive Compliance Option" — An alternative submittal to
the `landscape documentation package' that may be used as a compliance option for approval
of small scale landscape and irrigation projects.
2015 -11 -17 Regular Meeting Agenda Packet Page 43
Ordinance
Page 7.4 Formatted: Right
t4—,. FFF. "Recreational area" means an area , excluding private single
family residential areas, designated for active play , recreation or public assembly in
parks, sports fields, erad picnic grounds, amphitheaters or golf eettfsescourse tees, fairways,
roughs, surrounds and greens.
NAC-GGG. "Recycled water" means water that has been treated at the highest level required
by the California Department of Health Services for water not intended for human
consumption. "Tertiary treated recycled water" means water that has been through three
levels of treatment including filtration and disinfectant. "Recycled water" is sometimes
referred to as "reclaimed water ".
NN.HHH. "Reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters that affect the water use of plants. ETo is given in inches per day,
month or year and is an estimate of the evapotranspiration of a large field of four inches to
seven inches tall, cool season turf that is well watered. Reference evapotranspiration is used
as the basis of determining the MAWA so that regional difference in climate can be
accommodated.
00.III. "Rehabilitated landscape" means any re- landscaping project, that requires a
permit, plan check, or design review, in accordance with the applicability criteria of this
ordinance, whefe 5.0 and the teWmodified landscape area, Anhl.. th%e m e ' ea ' N s
is equal or greater than 2,500 sq.ft. In the case of single -
family homes, only those construction projects that have impacts to landscaped areas shall
be deemed to be rehabilitated landscapes.
P_PJJJ. "Residential development" means development of single family or multi-
family homes.
KKK. "Runoff' means water that is not absorbed by the soil or landscape to which it is
applied and flows from the landscaped area. For example, runoff may result from water that
is applied at too great a rate (application rate exceeds infiltration rate) or when there is a
slope.
RR.LLL. "Smart controller" means a weather based or soil moisture based irrigation
controller that monitors and uses information about environmental conditions for a specific
location to automatically adjust watering schedules.
&S-.MMM. "Soil moisture sensing device" or "soil moisture sensor" means a device that
measures the amount of water in the soil. The device may also suspend or initiate an
irrigation event.
TT.N-NN. "Soil texture" means the classification of soil based on its percentage of sand,
silt, and clay.
X000. "Soil" means the growing medium available for plant growth.
N'N' "Special landscaped area" (SLA) means an area of the landscape that falls inte
one of �4e folio
dedicated solely to edible plants
ms., recreational areas, areas irrigated with recycled water.
PPP. is ttsed fef aeti or
SP 13 t;4 as
.water features using recycled water.
QQQ. "Sprinkler head" or "spray head" means a device which delivers water
through a nozzle.
Formatted: Indent: Left: 0.25 ", First line: 0 ",
Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69 ", Tab stops: Not at
1" + 2.92"
Formatted: Font color: Black
Formatted: Font color: Black
Formatted: Font color: Black
Formatted: Font color: Black
Formatted: Font color: Black
Formatted: Indent: Left: 0.25 ", First line: 0 ",
Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.44" + Indent at: 0.69"
2015 -11 -17 Regular Meeting Agenda Packet Page 44
Ordinance
Pie 8
XX.RRR. "Statement of Substantial Conformance" references the form administered by
landscape inspectors.
VY.SSS. "Static water pressure" means the pipeline or municipal water supply pressure
when water is not flowing.
Z-Z—.TTT. "Station" means an area served by one valve or by a set of valves that operate
simultaneously.
UUU. "Sub meter" means a metering device to measure water applied to the landscape
that is installed after the primary water meter.
AA-.VVV. "Turf" means a ground cover surface of mowed grass. Annual bluegrass, - Formatted: Indent: Left: 0.25 ", First line: 0 ",
Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool - season grasses. Numbered + Level: 1 + Numbering Style: A, B,
C, ... + Start at: 1 + Alignment: Left + Aligned
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and at: 0.44" + Indent at: 0.69", Tab stops: Not at
Buffalo grass are warm- season grasses. 1" + 2.92"
BBB -WWW. "Valve" means a device used to control the flow of water in the irrigation
system.
CGC—.XXX. "Vegetated area" means an area with vegetation that is irrigated.
DD- D-YYY. "Warm season turf' means a type of turf that grows during warm
weather but becomes dormant during cold weather.
E ZZZ. "Water feature" means a design element where open water provides an
aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains,
artificial streams, spas, and swimming pools (where water is artificially supplied). The
surface area of water features is included in the high water use hydrozone of the landscape
area. Constructed wetlands used for on -site wastewater treatment or storm water best
management practices that are not irrigated and used solely for water treatment or storm
water retention are not water features and, therefore, are not subject to the water budget
calculation.
FFF.AAAA. "WUCOLS" means the Water Use Classification of Landscape Species
published by the University of California Cooperative Extension; and the Department of
Water Resources and the Bifi:ea i of Reela atie 2014, as may be amended from time to time.
20.012.030 Applicability
After Dec 1,X02015, this ordinance shall apply to any project requiring a building permit,
discretionary permit, or city approval of landscape and irrigation plans that mare within the
following categories:
2015 -11 -17 Regular Meeting Agenda Packet Page 45
Ordinance
Page 9.4 Formatted: Right
&B. A model home that includes a landscape area where the home is served by either
the Otay Water District, the Sweetwater Authority or the California American Water
Company. Applicants shall submit a Landscape Documentation Package to the city
for approval, by city signature, prior to the installation of the landscape
improvements. Plans shall include informational signs explaining the principles of
water efficient landscape based on a water budget.
C. For projects that are below the above stated thresholds the City offers an
Outdoor Water Smart Package explaining techniques that can be used to conserve
water in landscape design.
This ordinance shall apply to new applications and applications that have been through one city
plan check by city officials. Applications that have had two or more plan checks are `grand
fathered' in, with their current landscape design concept. However, it is recommended that the
applicant voluntarily modify landscape proposals that are high in water use.
20.12.040 Exemptions
This ordinance does not apply to the following:
In
A. Registered local, state or federal historical sites.
B. Ecological restoration projects that do not require a permanent irrigation system.
C. Mine land reclamation projects that do not require permanent irrigation systems.
D. planExistin plant collections, as part of botanical gardens and arboretums open to
the public.
Formatted: Indent: Left: 0.25 ", Hanging:
0.5 ", Numbered + Level: 2 + Numbering Style:
A, B, C, ... + Start at: 1 + Alignment: Left +
Aligned at: 0.75" + Tab after: 1" + Indent at:
1"
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: No bullets or numbering, Don't
adjust space between Latin and Asian text,
Don't adjust space between Asian text and
numbers
2015 -11 -17 Regular Meeting Agenda Packet Page 46
Ordinance
Pie 10
Formatted: Not Strikethrough
iL
20.12.050 City of Chula Vista Landscape Manual Formatted: Don't adjust space between Latin
and Asian text, Don't adjust space between
The City of Chula Vista Landscape Manual is incorporated into the Chula Vista Municipal Code Asian text and numbers
by reference. The City of Chula Vista Landscape Manual may be periodically updated by the
Director of Development Services.
20.12.060 Landscape Documentation Package
Project applicants shall submit the necessary information on required landscape and irrigation
plans in a form and manner prescribed by the Director of Development Services. Necessary
information shall include:
A.
Title Sheet
B.
Soil Management Report
C.
Planting Plan
D.
Landscape Construction Plan
E.
Irrigation Plan
F.
Grading Plan
20.12.070 Title Sheet
The title sheet shall contain items as described in the City of Chula Vista Landscape Manual.
The title sheet shall also contain the applicant's signature and a date along with the statement "I
am familiar with and agree to comply with the requirements for landscape improvement
plans as described in Chapter 20.12 of the Municipal Code. I have prepared this plan in
compliance with those regulations. I certify that the plan implements the regulations to
provide efficient landscape water use."
20.12.080 Soil Management Report
The soil management report shall be prepared by a licensed landscape architect, licensed civil
engineer or licensed architect and contain the information described in CVMC 20.12.080.A and
20.12.080.B. The soil management report shall be based on site conditions after grading
operations have been completed. The soil management report information shall either be
submitted as one of the sheets in the planting plan set or as a separate document.
A. An analysis of the soil for the proposed landscape area of the project covering
information about soil texture, soil infiltration rate, pH, total soluble salts, plant
sodium, percent organic matter and horticultural suitability.
B. Recommendations for soil amendments that may be necessary to allow healthy plant
survival and growth in the landscape area using efficient irrigation techniques.
C. In projects with multiple landscape installations (i.e. production home
developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfX
this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7
1 ntc
2015 -11 -17 Regular Meeting Agenda Packet Page 47
Ordinance
P 11.4 Formatted: Right
20.12.090 Planting Plan
The planting plan shall be prepared by a licensed landscape architect, licensed civil
engineer or licensed architect and contain, but is not limited to, the following
information:
A. A list /legend of all vegetation by botanical and common name that exists or is
proposed to be planted in the landscape area(s). For new planting include the
quantities, container size at planting, the location of each plant and the associated
hydrozone. Identify existing vegetation to remain and existing vegetation to be
removed. Protection and preservation of native species and natural vegetation and
selection of local native species is encouraged where appropriate.
B. The planting design shall group plants in hydrozones based on the moisture
requirements of those plants. A hydrozone may mix plants of moderate and low water
usage or plants with high water usage with plants of moderate water usage. No
hydrozone shall mix plants with high water usage with plants with low water use.
Plant factors are available from WUCOLS.
C. Plant selection shall take into account suitability of the soil and climatic attributes as
well as the availability of supplemental water available through irrigation.
D. The planting plan set shall include planting details, specifications, maintenance
specifications and responsibilities.
E. Plant selections for all properties adjacent to a wild land —urban interface or open
space area shall comply with current Chula Vista Fire Department guidelines and
regulations.
F. The use of invasive plant species, such as those listed by the California Invasive Plant
Council, is strongly discouraged.
G. The plan shall demonstrate compliance with best management practices required by
Section 14.20 of the municipal code.
H. High water use plants, characterized by plant factor of 0.7 to 1.0, are prohibited in
street medians.
I. Soil Preparation, Mulch and Amendments
(A) Prior to the planting of any materials, compacted soils shall be transformed to a
friable condition. On engineered slopes, only amended planting holes need meet this
requirement.
(B) Soil amendments shall be incorporated according to recommendations of the soil
report and what is appropriate for the plants selected.
(C) For landscape installations, compost at a rate of a minimum of four cubic yards
per 1,000 square feet of permeable area shall be incorporated to a depth of six inches
into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are
exempt from adding compost and tilling.
J. Organic mulch materials made from recycled or post- consumer shall take precedence
over inorganic materials or virgin forest products unless the rec. compost- consumer
organic products are not locally available. Organic mulches are not required where
prohibited by local Fuel Modification Plan Guidelines or other applicable local
nrdinanrPC
2015 -11 -17 Regular Meeting Agenda Packet Page 48
Ordinance
Pie 12
K. A minimum three inch (3 ") laver of mulch shall be aaalied on all exaosed soil
surfaces of planting areas except in turf areas, creeping or rooting_groundcovers, or
direct seeding applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife, up to 5 % of the landscape area may be left
without mulch.
Formatted: Indent: Left: 0.25 ", No bullets or
numbering
20.12.100 Landscape Construction Plan
The landscape construction plan shall include all elements of hard landscape, pavingz
Storm water management and drainage not shown on civil engineering plans. It shall include Formatted: Normal, Don't adjust space
physical layout, specifications and details. The landscape construction plan shall include plans, between Latin and Asian text, Don't adjust
space between Asian text and numbers, Tab
details and specifications of any water features that comprise the overall landscape stops: 0", Left
improvements. Implementing storm water best mana_eg ment practices into the landscape and
grading design plans to minimize runoff and to increase on -site rainwater retention and
infiltration are encouraged.
A. Project applicants shall refer to the local agency or Regional Water Quality Control
Board for information on any applicable storm water technical requirements.
B. All planted landscape areas are required to have friable soil to maximize water retention
and infiltration.
C. It is strongly recommended that landscape areas be designed for capture and infiltration
capacity that is sufficient to prevent runoff from impervious surfaces as required by any
applicable local, regional, state or federal regulation.
D. It is recommended that storm water projects incorporate any of the following elements to
improve on -site storm water and dry weather runoff capture and use:
(1) Grade impervious surfaces, such as driveways, during construction to drain to
vegetated areas.
(2) Minimize the area of impervious surfaces such as paved areas, roof and
concrete driveways.
(3) Incorporate pervious or porous surfaces (e.g., _ravel, permeable pavers or
blocks, pervious or porous concrete) that minimize runoff.
(4) Direct runoff from paved surfaces and roof areas into planting beds or
landscaped areas to maximize site water capture and reuse.
(5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment
systems.
(6) Incorporate infiltration beds, swales, basins and drywells to capture storm
water and dry weather runoff and increase percolation into the soil.
(7) Consider constructed wetlands and bonds that retain water. eaualize excess
flow, and filter pollutants.
20.12.110 Irrigation Plans
The irrigation plans shall be prepared by a licensed landscape architect, licensed civil
engineer, licensed architect or an irrigation consultant. The irrigation plans shall include,
but are not be limited to, the following information:
2015 -11 -17 Regular Meeting Agenda Packet Page 49
Ordinance
Pale 13-4 Formatted: Right
A. The location, type and size of all components of the irrigation system that will
provide water to the landscape area, including, but not limited to, controller, water
lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers,
pressure regulators and backflow devices.
B. The irrigation water source and type (potable or recycled), point of connection, the
static water pressure at the point of connection, the application rate in inches per hour
and the design operating pressure in pounds per square inch for each station.
C. Irrigation schedule information including typical irrigation schedules that demonstrate
that landscape can thrive using the MAWA calculated as part of that package. Include
specification notes for routine inspection, repair and replacement of equipment and
state the party responsible for maintenance.
D. A table that identifies MAWA for the improvements, including the calculations used
to determine the MAWA. The calculations shall be based on the formula in paragraph
20.12.140. Temporarily irrigated areas shall be included in the low water use
w to e- hydrozone. The surface area of a water feature or pool shall be included in
the high water use areas for the purposes of water budget calculation.
E. A table that identifies ETWU for the improvements and includes the calculations used
to determine the ETWU. The calculations shall be based on the formula in paragraph
20.12.150. Temporarily irrigated areas shall be included in the low water use
«, tee- hydrozone. The surface area of a water feature or pool shall be included in
the high water use areas for the purposes of water budget calculation.
F. The plan shall demonstrate compliance with best management practices required by
Section 14.20 of the municipal code.
G. Identify any ap=plicable graywater discharge piping, system components and area(s) of
distribution.
H. Notes describing requirement to carry out an independent irrigation audit upon
completion of landscape improvements.
20.12.120 Grading Plans
Grading plans shall include site grading information including, but not
limited to, elevations, slope heights, drainage patterns, pad elevations, storm water management,
and finish grade. Previously approved grading plans that comply with the City grading
ordinance 15.04, "as built" grading plans or grading plans undergoing the grading permit
approval process are acceptable submittals.
20.12.130 Irrigation System Design
The following techniques and practices shall be incorporated into the design of irrigation
systems:
AA Landscape water meters, defined as either a dedicated water service meter or private
sub - meter, shall be installed for all non - residential irrigated landscapes of 1,000 sq. ft.
but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and
2015 -11 -17 Regular Meeting Agenda Packet Page 50
Ordinance
Pie 14
residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter
may be either:
1. A customer service meter dedicated to landscape use provided by the local
water purveyor; or
2. A privately owned meter or sub - meter.
B The irrigation system shall be designed to conform to the hydrozones of the plants
specified in the planting plan.
-BC The irrigation system shall be designed to prevent runoff, over spray, low -head
drainage and other similar conditions where irrigation water flows or sprays onto area
not intended for irrigation and use low volume irrigation for mulched areas
wherever feasible..
GD Portions of irrigation systems containing slopes greater than 25 percent shall utilize Formatted: Normal
an application rate of 0.75 inches per hour or less to prevent runoff
unless the applicant clearly demonstrates that no runoff or erosion will occur.
(Prevention of runoff and erosion must be confirmed during the irrigation audit.)
DE Sprinkler heads and other low emission devices shall be selected based on what is
appropriate for the plant type in the hydrozone and shall have matched precipitation
rates unless otherwise directed by the manufacturer's recommendations.
EF Sprinkler spacing shall be designed to achieve the highest possible distribution
uniformity.
FG Areas less than ten (10) feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produces no runoff or overspray.
H The system shall provide that only low volume irrigation is used to irrigate any
vegetation within 24 inches of an impermeable surface unless the adjacent
impermeable surfaces are designed and constructed to cause water to drain entirely
into landscaped areas.
GJ The irrigation system shall be regulated by means of a smart controller (either
evapotranspiration, weather based, soil moisture utilizing non - volatile memory based
or similar.).
PIK Irrigation projects equal or greater than 5,000 square feet shall include the installation
of a master valve and flow sensor to prevent water waste associated with mainline
breaks and other failures.
IL Where feasible, trees shall be placed on separate valves from shrubs, groundcover and
turf to facilitate the appropriate irrigation of trees. The mature size and extent of the
root zone shall be considered when designing irrigation for the tree.
M If the water pressure is below or exceeds the recommended pressure of the specified
irrigation devices, the installation of a pressure regulating device is required to ensure
that the dynamic pressure at each emission device is within the manufacturer's
recommended pressure ran - eg for optimal performance.
N Flow sensors that detect high flow conditions created by ystem damage or
malfunction are required for all on non - residential landscapes and residential
landscapes of 5000 sq. ft. or larger.
O All irrigation emission devices must meet the requirements set in the American
National Standards Institute (ANSI) standard, American Society of Agricultural and
Biological Engineers' /International Code Council's (ASABE /ICC) 802 -2014
"Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in
2015 -11 -17 Regular Meeting Agenda Packet Page 51
Ordinance
Pie 15-4 Formatted: Right
the landscape must document a distribution uniformity low quarter of 0.65 or higher
using the protocol defined in ASABE /ICC 802 -2014.
20.12.140 Maximum Applied Water Allowance (MAWA)
All applicable landscapes shall not exceed the MAWA calculated for the project using
the following formula:
MAWA = (ETo)(0.62)[(O-.7ETAF x LA) ++O-.J+((1 -ETAF) x SLA)]
In which the following abbreviations apply:
1. MAWA = Maximum Applied Water Allowance in gallons /year
2. ETo =
Evapotranspiration in inches per year.
3. 0.62 =
Conversion factor to gallons per square foot.
4. ETAF
= 0.55 or below for residential landscape area
5. ETAF
= 0.45 or below for non - residential areas
-5-.6.LA = Landscape Area ' excluding SLA.
6-.7.SLA = Portion of the landscape area identified as Special Landscape areas.
Measured in square feet*
*
* The City reserves the right to reduce the ET adjustment factor ETAF for
Special Landscape Areas that are the responsibility of the City to maintain. .4 ( Formatted: Indent: Left: 0"
20.12.150 Estimated Total Water Use (ETWU)
All applicable landscape shall calculate the ETWU for each project using the following
Formula:
TWU = Etox .62}{{ x PF Xx HA4- /1E) + SLA)j
lConsidering precipitation ETWA = (Eto -Eppt) x 0.62 x [((PF x HA)/IE)
+SLA
In which the following abbreviations apply;
Formatted: Spanish (International Sort)
Formatted: Font: 12 pt, Bold, Spanish
(International Sort)
Formatted: Font: 12 pt, Bold, Spanish
(International Sort)
Formatted: Font: 12 pt, Bold, Spanish
(International Sort)
Formatted: Font: 12 pt, Bold, Spanish
(International Sort)
Formatted: Font: 12 pt, Bold, Spanish
(International Sort)
Formatted: Left
2015 -11 -17 Regular Meeting Agenda Packet Page 52
Ordinance
Pie 16
1. ETWU = Estimated Total Water Use in gallons per year.
2. £T-eEto = Evapotranspiration in inches per year.
3. 0.62 = Conversion factor to gallons per square foot.
4. PF = Plant factor from WUCOLS.
5. HA = Hydrozone Area in square feet. Each HA shall be classified according
to its water use; high medium, or low according to the legends on the planting
plans.
6. IE = Irrigation Efficiency ( 0.75 for overhead sprgy
devices and 0.81 for drip systems).
7. Eppt — Effective precipitation or useable rainfall
-7-.8. SLA = Portion of the landscape area identified as Special Landscape Formatted: Justified
areas measured in square feet. .4 ( Formatted: Left, Indent: Left: 0"
20.12.160 Water Allowance / Water Use Comparison.
lvvigatif LXX X5%14LX% Irrigation plans shall state, in close proximity on the sheet, the MAWA and the ETWU
for each Point of Connection thereby demonstrating that the ETWU does not exceed
the MAWA.
the MAWA in a format acceptable to the Director of Development Services or designee..
Any sets of plans where the ETWU does exceed the MAWA shall not be approved by the
City of Chula Vista. (ETWU shall be equal to or less than MAWA)
Mandatory Water Restriction from the State of California, if implemented, may override the
maximum water allowance calculated for this project.
20.12.170 Limitations On The Use Of Water Features.
The total of all water features for a project, other than single- family homes with a landscape area
of less than 5,000 square feet and a homeowners association or apartment building swim
complex that serves a residential project, shall be limited to 15 percent of the total landscape area
of the project.
20.12.180 Turf Regulations
The following regulations shall apply to all projects that are required to submit a landscape
design package to the City for approval:
A. Turf shall not be used on slopes greater than 25 percent where the toe of the slope is
adjacent to an impermeable surface.
B. 104MIAl 10W Vol "AtiAP IQ
diffiension of the 1MRd.S..e...Ape afea is si* feet of less wide.
B. Areas less than ten (10) feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produces no runoff or overspray.
2015 -11 -17 Regular Meeting Agenda Packet Page 53
Ordinance
Pie 17-4 Formatted: Right
C. On commercial, industrial or multi - family landscape no turf shall be installed in a
median, parking lot island or parkway unless, if determined by the city manager,
limited use of turf is necessary to provide safe access for pedestrians leaving a parked
vehicle to reach the sidewalk.
D. On commercial, industrial or multifamily landscape no turf shall be installed on any
portion of the site that is inaccessible or unusable to a person who uses the site.
E. On-a commercial or industrial projects, decorative cool season turf shall not be used.
The use of warm season turf shall not exceed 15 percent of the total landscape area of
a project.
F. An athletic field, park, golf course, cemetery or other similar use shall be designed to
limit the use of turf to only those areas where it is essential for the operation of the
facility, as determined by the city manager. Areas where turf is not essential to the
operation of the facility shall be landscaped with plants with lower water use
requirements than turf.
G. No turf shall be allowed in a landscape area that cannot be efficiently irrigated, for
example where overspray and run off cannot be avoided.
20.12.190 Public Education & Model Homes
All model homes shall clearly display a sign, visible from the roadway adjacent to the
home using black writing (two inches high minimum) on a white sign stating, "THIS
THIS MODEL HOME USES WATER EFFICIENT LANDSCAPE AND IRRIGATION" —..
Signs shall explain the principles of water efficient landscape based on a water budget and
demonstrate low water use approaches to landscging such as using native plants, graywater
systems, and rainwater catchment systems.
Developers shall provide homebuyers with an Outdoor `WaterSmart' Package at move -in and
information about the City of Chula Vista Naturescape Program.
20.12.200 Recycled Water and Gray Water
Formatted: Normal, Indent: Left: 0 ", First
line: 0"
Formatted: Indent: Left: 0 ", Hanging: 1"
Newly constructed and rehabilitated landscapes for public agencies and private
development projects with a landscape area equal to or greater than 2,500 square feet
including, but are not limited to, industrial, commercial, cemetery, public, quasi - public,
- institutional and multi - family residential development shall use recycled water or gray water for
irrigation purposes where it is available. -4 1 (Formatted: Indent: Left: 0 ", First line: 0"
Use of recycled water or gray water for irrigation purposes does not excuse a person from
complying with all State and local laws and regulations related to recycled water use or
gray water use.
20.12.210 Landscape Installation
An approved landscape design package shall be fully installed prior to final inspection.
20.12.220 Landscape and Irrigation Maintenance
2015 -11 -17 Regular Meeting Agenda Packet Page 54
Ordinance
Pie 18
Once the landscape on all projects, approved as a result of these regulations, is
established, it shall be maintained to ensure compliance with the approved MAWA by
the party responsible for landscape maintenance.
20.12.230 Modified Approvals
An Applicant may submit an application to modify part or all of their Landscape
Documentation Package.
20.12.240 Irrigation Testing and Statement Ofof Substantial Conformance
LaLFor all projects approved by the City, the landscape architect of record shall state in
writing that the landscape improvements have been installed in compliance with the
approved Landscape Documentation Package. - prior to final inspection and City issuance
of a certificate of completion of the project. They shall be satisfied that the irrigation
system has been functionally tested, by testing, irrigation survey or irrigation audit, for,
but not limited to, the following: distribution uniformity, over spray and that runoff
4&�Lehas been addressed, and water use can match the included calculations once plants
are established with the irrigation provided. The project applicant shall submit a copy of
the testing, irrigation survey or irrigation audit to the City prior to completion or turnover
in the case of public improvements.
(2) All landscape irrigation audits shall be conducted by a third party, independently certified
landscape irrigation auditor. Landscape audits shall not be conducted by the person who
designed the landscape or installed the landscape.
20.12.250 City's Right to Inspect
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
The City has the right, but not the obligation, to inspect any landscape installation for
which it has an approved Landscape Documentation Package. Formatted: Font: Not Italic
' Formatted: Indent: Left: 0 ", Hanging: 1"
20.12.260 Waste Water Prevention
No new irrigation system (since the approval of this ordinance) shall allow irrigation
water to flow onto adjacent property, non - irrigated areas, structure, walkways, roadways
or other paved areas whether the cause is run off, low head drainage or other similar
condition. Penalties for violating any provisions of this chapter will be issued pursuant to
CVMC 1.41.100 et seq.
2015 -11 -17 Regular Meeting Agenda Packet Page 55
Ordinance
Pie 19.4 (Formatted: Right
APPENDIX I Prescriptive Compliance Option
(a)This appendix contains prescriptive requirements which may be used as a compliance
option to the Model Water Efficient Landscape Ordinance on small scale landscape and
irrigation submittals. (2.500sg.ft or less)
(b) Compliance with the following items is mandatory and must be documented on a
landscape plan in order to use the prescriptive compliance option:
(c)At the time of final inspection, the permit applicant must provide the owner of the
property with a certificate of completion, certificate of installation, irrigation schedule
and a schedule of landscape and irrigation maintenance.
1) Submit a Landscape Documentation Package which includes the following elements:
A date
(B) project applicant
(C) project address (if available, parcel and /or lot number(s))
(D) total landscape area (square feet), including a breakdown of turf and plant
material
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -
installed
(F) water supply type (e.g., potable, recycled, well) and identify the local retail
water purveyor if the applicant is not served by a private well
(G) contact information for the project applicant and property owner
(H) applicant signature and date with statement, "I agree to comply with the
requirements of the prescriptive compliance option to the MWELO ".
(2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a
depth of six inches into landscape area (unless contra- indicated by a soil test),
(3) Plant material shall comply with all of the following;
(A) For residential areas, install climate adapted plants that require occasional,
little or no summer water (average WUCOLS plant factor 0.3) for 75% of the
plant area excluding edibles and areas using recycled water; For non - residential
areas, install climate adapted plants that require occasional, little or no summer
water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding
edibles and areas using recycled water;
(B) A minimum three inch (3 ") layer of mulch shall be applied on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting_groundcovers,
or direct seeding applications where mulch is contraindicated.
(4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential areas, and there
shall be no turf in non - residential areas;
(B) Turf shall not be planted on sloped areas which exceed a slope of 1 foot
vertical elevation change for every 4 feet of horizontal length;
(C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is
adjacent to a parking strip and used to enter and exit vehicles. Any turf in
2015 -11 -17 Regular Meeting Agenda Packet Page 56
Ordinance
P 20
parkways must be irrigated by sub - surface irrigation or by other technology that
creates no overspray or runoff.
(5) Irrigation - systems shall comply with the following_
(A) Automatic irrigation controllers are required and must use evapotranspiration
or soil moisture sensor data and utilize a rain sensor.
(B) Irrigation controllers shall be of a type which does not lose programming data
in the event the primary power source is interrupted.
(C) Pressure regulators shall be installed on the irrigation - system to ensure the
dynamic pressure of the system is within the manufacturers recommended
pressure range.
(D) Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve)
shall be installed as close as possible to the point of connection of the water
supply•
(E) All irrigation emission devices must meet the requirements set in the ANSI
standard, ASABE /ICC 802 -2014. "Landscape Irrigation Sprinkler and Emitter
Standard," All sprinkler heads installed in the landscape must document a
distribution uniformity low quarter of 0.65 or higher using the protocol defined in
ASABE /ICC 802 -2014.
(F) Areas less than ten (10) feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produce no runoff or overspray.
(6) For non - residential projects with landscape areas of 1,000 sq . ft. or more, a private
sub- meter(s) to measure landscape water use shall be installed.
2015 -11 -17 Regular Meeting Agenda Packet Page 57
Ordinance
Pie 21-4 (Formatted: Right
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Kelly Broughton Glen R. Googins
Director of Development Services City Attorney
2015 -11 -17 Regular Meeting Agenda Packet Page 58
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0402, Item #: 3.
City of Chula Vista
Staff Report
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
MAINTENANCE AGREEMENT FOR INTERIM DRAINAGE IMPROVEMENTS AND NPDES
FACILITIES WITH SLF IV /MCMILLIN MILLENIA JV, LLC, FOR OTAY RANCH MILLENIA
PHASE 2 (EASTERN URBAN CENTER) AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
A condition of the Tentative Subdivision Map for the Eastern Urban Center (Millenia) requires the
Developer to enter into an agreement with the City to provide for the maintenance of all proposed
drainage and water quality treatment facilities attributable to the project and bond for such
maintenance. An Interim Desiltation and Maintenance Agreement with SLF IV /McMillin Millenia
JV, LLC for the Mass - Grading of Millenia was originally approved by City Council on September
131 2011 in accordance with City Council Resolution 2011 -167 and was recorded on November 2,
2011, as Official Record Number 2011- 0582265. On December 11, 2012, in accordance with City
Council Resolution 2012 -241, City Council approved an Amended and Restated Interim
Desiltation and Maintenance Agreement with SLF IV /McMillin Millenia JV, LLC which was
recorded January 25, 2013 as Official Record Number 2013 - 0053282. This Maintenance
Agreement for Interim Drainage Improvements and NPDES Facilities for the Otay Ranch Millenia
Phase 2 (the "Maintenance Agreement "), which supersedes the previous two agreements, is
necessary to identify those new developer maintained features and responsibilities required of the
Developer associated with the second phase of grading of Millenia.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed agreement for compliance with
the California Environmental Quality Act and has determined that the agreement and work
associated therewith is adequately covered in previous certified Final Second Tier Environmental
Impact Report (EIR 07 -01) for the Otay Ranch Eastern Urban Center (EUC) Sectional Planning
Area (SPA) Plan and Tentative Map. Thus, pursuant to the California Environmental Quality Act
(CEQA), no additional environmental review is required.
BOARD /COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Millenia Project consists of approximately 207 acres of land located south of Birch Road and
the Otay Ranch Town Center, just east of State Route 125 (see Attachment 1).
City of Chula Vista Page 1 of 3
2015 -11 -17 Regular Meeting Agenda Packet
Printed on 11/12/2015
page 5� TM
File #: 15 -0402, Item #: 3.
A development condition for Millenia (CV Tract No. PCS- 09 -03) requires the Developer to enter
into an agreement with the City to provide for the maintenance of all proposed drainage and water
quality treatment facilities. The mass - grading permit was issued in January of 2011 and, as
discussed above, the Developer entered into various agreements to maintain those facilities
shown on grading plan (Drawing # 10 -044). Also as discussed above, the original maintenance
agreement was recorded in the San Diego County Recorder's Office on November 2, 2011, as
Official Record Number 2011 - 0582265 (Attachment 2).
At the beginning of year 2012, the Developer started the design process for a construction
change to the Grading Plans to reflect more detail for the area associated with the first phase of
work. The first phase of work for the site consisted of rough - grading Lots 2, 3, 4, P1, 11, 121 201
211 271 P4, and a portion of Lot 1.
On December 11, 2012 the developer executed their first amendment to the November 2, 2011
agreement. The amendment was necessary to identify new and redesigned developer maintained
features associated with the grading of the first phase of the project. The updated agreement
called for the developer to maintain the redesigned temporary drainage and water quality
treatment facilities to accommodate the proposed first phase of rough grading and to post certain
securities to ensure performance. As discussed above, that agreement was adopted by City
Council on December 11, 2012 and recorded in the San Diego County Recorder's Office on
January 25, 2013, as Official Record Number 2013 - 0053282 (Attachment 3).
This Maintenance Agreement (Attachment 4) is required to supersede the previous two
agreements. This Maintenance Agreement calls for the Developer to maintain the redesigned
temporary drainage and water quality treatment facilities to accommodate the proposed second
phase of rough grading and to post certain securities to ensure performance. This Maintenance
Agreement includes the unfinished maintenance tasks of Phase I and all the remaining
maintenance requirements for Phase II inclusive as shown on Attachment 5.
DECISION -MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property - related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(x)(11), for purposes of the
Political Reform Act (Cal. Gov't Code §87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The adoption of
this Resolution approving the Maintenance Agreement will address the following goals:
• Operational Excellence: Collaborate with residents and businesses to provide
City of Chula Vista Page 2 of 3
2015 -11 -17 Regular Meeting Agenda Packet
Printed on 11/12/2015
p Page 6a LegistarTM
File #: 15 -0402, Item #: 3.
responsive and responsible public service by implementing effective and efficient
operations.
• Healthy Community: Protect resources and environmental health for both current
residents and future generations. Foster the health of our physical environment through
balanced, connected and sustainable land uses.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. The Developer will cover all costs and fees associated
with the Maintenance Agreement.
ONGOING FISCAL IMPACT
There is no impact to the General Fund. All costs associated with the construction and
maintenance of the interim drainage and desilting facilities within the project will be borne by the
Developer.
ATTACHMENTS
Attachment 1: Location Plat.
Attachment 2: Interim Desiltation and Maintenance Agreement for the Mass Grading of the
Eastern Urban Center (Millenia), recorded in the San Diego County Recorder's
Office as Official Record Number 2011- 0582265.
Attachment 3: First Amendment to the Interim Desiltation and Maintenance Agreement for the
Mass Grading of the Eastern Urban Center (Millenia) entitled "Amended and
Restated Interim Desiltation and Maintenance Agreement with SLF I V/Mcmillin
JV, LLC for the Eastern Urban Center (Millenia)", recorded in the San Diego
County Recorder's Office as Official Record Number 2013 - 0053282.
Attachment 4: Maintenance Agreement for Interim Drainage Improvements and NPDES
Facilities for the Otay Ranch Millenia Phase 2.
Attachment 5: Figure showing drainage facilities within the second phase of grading of Millenia.
Staff Contact: Dave Kaplan, Transportation Engineer, Development Services Department
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 3 of 3
Printed on 11/12/2015
p Page 6� LegistarTM
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MAINTENANCE
AGREEMENT FOR INTERIM DRAINAGE IMPROVEMENTS
AND NPDES FACILITIES WITH SLF IV /MCMILLIN
MILLENIA JV, LLC, FOR OTAY RANCH MILLENIA PHASE
2 (EASTERN URBAN CENTER) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS on September 15, 2009, in accordance with City Council Resolution No.
2009 -265, Council approved the Tentative Subdivision Map for the Otay Ranch Eastern Urban
Center, Chula Vista Tract 09 -03 (Tentative Map) for the subject property; and
WHEREAS, a Condition of Approval of the Tentative Map requires the Developer to
enter into an agreement with the City to provide for the maintenance of all proposed drainage
and water quality treatment facilities attributable to the project; and
WHEREAS, on January 10, 2011, the City approved the mass - grading plans for the
McMillin Eastern Urban Center (Millenia), Chula Vista Drawing No. 10044, which proposed the
temporary grading, and construction of drainage facilities, including erosion control and desilting
basins; and
WHEREAS, on September 13, 2011, in accordance with City Council Resolution 2011-
167, the City Council approved the Interim Desiltation and Maintenance Agreement for the Mass
Grading of Millenia between the City and SLF IV /McMillin Millenia JV, LLC, which was
recorded on November 2, 2011, as Official Record Number 2011 -05 82265; and
WHEREAS, on December 11, 2012, in accordance with City Council Resolution 2012-
241, the City Council approved an Amended and Restated Interim Desiltation and Maintenance
Agreement with SLF IV /McMillin Millenia JV, LLC which was recorded January 25, 2013 as
Official Record Number 2013- 0053282; and
WHEREAS, this Maintenance Agreement for Interim Drainage Improvements and
NPDES Facilities for the Otay Ranch Millenia Phase 2 is necessary to identify those new
Developer maintained features and responsibilities required of the Developer associated with the
second phase of grading of Millenia and shall supersede the previous two agreements; and
WHEREAS, the Development Services Director has reviewed the proposed agreement
for compliance with the California Environmental Quality Act and has determined that the
agreement and work associated therewith is adequately covered in previous certified Final
Second Tier Environmental Impact Report (EIR 07 -01) for the Otay Ranch Eastern Urban Center
(EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Thus, pursuant to the California
Environmental Quality Act, no additional environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the Maintenance Agreement for Interim Drainage Improvements
and NPDES Facilities for the Otay Ranch Millenia Phase 2 between the City and SLF
2015 -11 -17 Regular Meeting Agenda Packet Page 62
IV /McMillin Millenia N, LLC in the form presented, with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk, and authorizes and directs the Mayor to execute the same.
Presented by
Kelley Broughton
Development Services Director
Approved as to form by
Glen R. Googins
City Attorney
2015 -11 -17 Regular Meeting Agenda Packet Page 63
1 :25%
ir
r
1
A31
1. �I•I I
.1-4 1all at
ATTACHMENT 1
LOCATION PLAT
1 ' _
- - nc J,
' 'r � I I 11 � •r �'r
■ai f,4 1imc r, h
Lib« , J ,
■ t . '1 ■ .i. _�. '�
•r
Town i�-erder
�F r; -I I 1 i r• rJ
6.
VILLAGE 12 ` - ` l- IF ON
1..' + 1 r'� ■ir I his
IIrIT71=ar� ?TT � ��
L �
' _ 7 • ;1f J
1�IILLE�TIA-PHASE 1- + : r
1 1 r 1 1 T• 5 7 1 f 1 f 1 '
VUAUGZ 11
........ .. .. ..
1 1 1
. 1 1 1 1 1 r
......... _
J
�a
r
Nor
r = �
1
MII VNIA PHASE Z
... ... ... .
VILLAGE 9
N
1
�4
�K�I
Drsciaim eF_ Map and parcef data gr1e believied to be - accurate, but accuracy is not guafar7feed_ This is not a 1 in ch = 77 2 feet
I -egaf c!ocurn-en t and srhouid rrot b�e suhstrtufled for a Uffe sea rrh, appraisals survey or zoning vefrfrcatforr_ 07/14/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 64
RECORDED REQUEST OF
First American Title
SUBDIVISION MAPPI fG DEPT.
WHEN 1D RETURN T:
CITY OF CHULA VISTA
V-00
OFFICE OF THE CITY CLERK
276 FOURTH AVENUE
CHULA VISTA, CA 91910
ZCo 0
fi555
1
DOC # 2011,,0582265
IIIIIIII IIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
NOV 02,2011 8:00 AM
OFFICIAL flECOflDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenhwg, Jr.. COUNTY RECORDER
FEES. 9500
PAGES: 27
111111 I�IIIIIIIIIIII IlNlllllllllllllllllllllllllllllhlll��lll IIIIIIIIIIIIIIIIII
Above Space for Recorder's Use
CCV File No. G -799
INTERIM DESILTATION AND MAINTENANCE AGR EEMENT FOR THE
MASS GRADING of THE EASTERN URBAN CENTER (MILLENIA)
This Interim De illation and Maintenance Agreement "A ,reement"' is made by
and between SLF M cMelfin >1 illenia J . LL (referred to herein a :' ornpany" , and
the Cit y of Chula Vista. a California municipal corporation " City"), with reference to the
f llowing facts:
RECITALS
Company owns approximately 207 acres of land known as the -Otay Ranch
Eastern Urban Center" (hereinafter referred to as the "Project" south of Birch
Road and the Otay Ranch Town Center., north of the future extension of Flunte
Par wa , adi acent to an d ease of State route 12 -- 1:.15), and west of East Iake
Parkway. The property which is the subject matter of this agreement is more
particularly described in Exhibit A. attached hereto and incorporated herein by
this re`erence (hereinafter referred to as the "Property`'.
On September 15, '009. the City, approved a Tentative Subdivision Map for the
project, Chula Vista Tract 09--0 her inafter referred to as the "Tentative M ap" .
by Resolution Number 2009-1.25.
Condition number 52 of the "Fentative Map, as more particularly set forth on
: Exhibit B, requires, that prior to approval of each grading permit for the Project.
the applicant shall
a Prepare a maintenance pro w rare of all the proposed dnainag and water
quality treatment facilities* the channel or basin. 117clUdin , but not
limited to naturalized channels down stream of the Project. wedands
restoration areas. detention basins. and water quality treatment
facilities:
2015 -11 -17 Regular Meeting Agenda Packet
167
Page 65
6556
( Demonstrate compliance with Section 1 803 of the Cafifomia building
code : and
c Eater into an agreement xvith the its wherein the applicant agrees to
prop #ide for the maintenance of all proposed drainage and water q ual it l
treatment facilities attributable to the Project, and provide security{,
satisfactory to the City Engineer, guaranteeinp, the performance of the
aforementioned maintenance and siltation removal obligations. This
obligation may be transferred to another property owner if approved by
the City.
The City Engineer has determined that certain temporary drainage, de iltin
basins, and erosion sedimentation control facilities, as shown on the Mass
Grading Flans for the Pro *ect, Chula Vista Drawing Number 10044 are adequate
as of the date of this Agreement to temporarily se *ice the mass-grading proposed
for the Property.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Defined Terms. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated.
f .1. Temporary Private Facilities ;" shall mean the temporary private
drainage, desalting basins, s, and erosion/sedimentation control
facilities proposed for construction within the Project. as shown on
Chula Vista Draw-in k #o. f 0044 as approved bar the its Engineer-
9 r_
l.?. '."Complete Construction" shall meafi that construction of the
Temporary ' private Facilities has been completed to the satisfaction
of the City Engineer.
t
1.3. -Maintain' or "Maintenance "' shall mean to f mish, or the
fumishing of, sere #ices and materials for the ordinary and usual
maintenance required for the operation of the Temporary Private
Facilities as set forth in the IOMP.
)A. - Inspection. Operation. acid Maintenance Plan,., or IOMP." means
a description of the inspection. operation. and maintenance
activities and schedules required to ensure proper operation and
effectiveness of the Temporary Private Facilities. which 1 1 P IS
attached hereto as Exhibit C, and incorporated herein by this
reference.
2. Condition No. 52 of Tentative Map. In partial satisfaction of Condition No.
of the Tentative lap, ompan�� agrees to the following:
2015 -11 -17 Regular Meeting Agenda Packet Page 66
6557
.1. Construction. Company, agrees to construct Temporary Private
Facilities. as shown on Chula Vista Drawine No. 10044. Then
facilities may be phased in accordance with a phased grading plan
as approved by the City Engineer. The Temporary Private
Facilities shall comply with all the provisions of the National
Pollutant Discharge Elimination System and the Clean Water
Program. Company understands and agrees that Company is
responsible for obtaining all necessary permits, approvals, and
certifications. if arty, from applicable federal or state agencies,
i ncl ud) ng but not limited to Cal trans, the California Departinent of
Fish and Game ardor the US Arm} Corps of Engineers. City
shall cooperate with Company as necessary to obtain all such
permits, approvals and certifications.
Maintenance. Company shall operate and maintain the Temporary
Private Facilities in accordance with the IOMP until the
responsibili
6558
Deposit") to guarantee Company's maintenance obligations
pursuant to Section ?. .2 of this Agreement, in the sum set forth in
Exhibit D, which represents two years of maintenance costs for the
Temporary Private Facilities as estimated by the City Engineer,
The Cash Deposit amount may be adjusted by the City Engineer to
reflect phased grading. City shall fold the Cash Deposit for the
duration of Company "s maintenance obligations hereunder. City
may spend money from the Cash Deposit solely as necessary: to
correct any default of Company in the performance of Company'
maintenance obligations. Should the City spend any of the Cash
Deposit to correct any default of Company in the performance of
Compa y "s maintenance obligations, Company agrees to restore
the Cash Deposit to its original level within 30 days of the City's
written request. Any unexpended amount of the Cash Deposit.
including any interest earned, shall be -released and remitted to
Company upon the termination of its maintenance obligations as
set forth in this Agreement. The Cash Deposit amount may be
reduced upon transfer of responsibility to another party or upon
replacement of the temporary facilities with permanent facilities as
determined by the City Engineer,
3.2. Maintenance Bonds. Company also agrees to the following:
a Bonds. At least thirty 30 days before the filing of the City of
Chula Vista Form 5512 for Approval to Commence fork,
Company shall provide the City with a bond for an initial tern
of eicht ( ,Fear . Mainienance Woad -). in order to guarantee
its maintenance obilarations under Section ?.? of this
Agreement ent ire the amounts more i611Y set forth in Exhibit D.
The Maintenance Woad shall be issued by a surely and shall be
in a form approved by the City Attomey. Company
acknowledges and agrees that it shall maintain the Maintenance
Bond or equivalent security as determined by the City Engineer
and not let said Maintenance Bond or equivalent security lapse
or expire for as long as Company has maintenance obligrations
pursuant to this Agreement.
b Use of Maintenance Bond. Company acknowledges and
agrees that if the Company fails to fulfill its maintenance
obligations as set forth herein, the sum provided by said bond
may be used by the City for the purpose of fulfilling SLICII
obligations as approved by the City Engineer. Company also
agrees that the City may take any and all actions necessary, in
order to obtain the Funds necessary ror the purpose of fulfilling
such obligations. Company agrees to pay to the City any
difference between the total cost incurred to perform the work.
2015 -11 -17 Regular Meeting Agenda Packet Page 68
6559
including but not 11 iced to reasonable design and
administration of maintenance in substantial conformance with
the IOMP (including a reasonable allocation of overhead), and
any proceeds from the Maintenance Bond.
c Corte an 7s Costs and-Expenses. It is also expressly agreed
and understood by the parties hereto that in no case will the
City, or any department, board or off leer thereof, be liable for
any portion of the costs and expenses of the work obligated
herein, nor shall the City or the City's officers, sureties or
bondsmen, be liable for the payment of any sum or sums for
sa warp or any materials furnished therefor.
. Company understands and agrees that the City shall not issue any
grant of approval to commence work on the Property, if the
Maintenance fond has not been delivered and approved by the
City, as conforming to the requirements of this Agreement.
3.4. Company may request that another form of equivalent security,
such as a letter of credit, or cash, acceptable to the City Engineer,
be substituted for the Maintenance Bond described herein.
Company acknowledges and agrees that such substitution is in the
sole discretion of the City Engineer.
Reduction of Security. In the event that the annual maintenance
costs are reduced, the City Engineer may review at Company's
request to reduce, proportionately. the amount of the Maintenance
Bond or equivalent security required by this Section. City shall riot
unreasonably withhold approval of suc h request provided loo %vever
that Companys obligations are adequately secured as determine
by the City Engineer in his/her sole discretion.
16. Municipal Code Reguirements. Company understands and agrees
that Company shall be subject to all the provisions of the
Ordinances, Standards, and policies of the City of Chula Vista
(including Section 14.20310 of the Municipal Code).. the laws of
the State of Callfomia, and federal law as applicable to said work
as all may be amended from time to time.
4. Future Approvals. Company acknowledges and agrees that the performance
of Company's obligations herein is required for the health and sarety of the
residents of the Cilv. Therefore, the Company agrees that the City shall have
the absolute and unfettered right to withhold the issuance of any grant of
approval for the Property. if [lie Comp4ny is determined by the City- not to be
in compliance with the terms of this Agreement. If Company is determined
by the City. not to be in compliance with any terra of this Agreement, the City
R
-- . - --- -- =..S-IJ X17 - Regular Meeting.Agenda Packet Page W., - -4- --
6560
shall notify Company of Company s non-compliance and provide the
Compan • F rich thirty dad= o cure said non-compliance. The Company
shall riot be in non - compliance if, upon notification of non-compliance,
Company starts immediately to work toward. cure of said noon- compliance and
diligently pursues. as determined by the City Engineer, a course of action to
achieve a cure within a reasonable time-frame.
5. Agreement Binding upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors and assigns of the Company as
to any or all of the Property until released by the City or terminated in
accordance with the terms hereof. However. City agrees to release individual
properties from the obligations of this Agreement upon completion of
per anent facilities approved by the City as part of a development plan for
those individual properties or upon City approval of a transfer of
responsib lity pursuant t sections . l or ?. of'the grec r nt.
. Aareement Running with the Land and in favor of City. The burden of the
covenants contained in this Agreement is for the benefit of the Cit F, City is
deemed the beneficiary: of such covenants running Nvith the land without
regard to whether City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the
right, but not the obligation, to exercise all rights and remedies and to
maintain any action or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this
Agreement and covenants may be entitled.
7. Indemnification. Company further understands and agrees that Cite, as
indernnitee. or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts of- omissions of
Company. its agents or employees" related to the construction of the
Temporary Private facilities and Company "s maintenance activities.
Company further agrees to protect and hold the City. its officers and
employees., harmless from any and all claims. demands. causes of action,
liability or lass of any sort. because of or arisincy out of acts or ornissions of
Company. its agents or employees, related to the construction of the
Temporar y Private facilities and Company 's maintenance activities. The
approved improvement securities referred to above shall not be deemed to
limit the provisions of this paragraph. Such indeninif ication and agreement to
bold ham less shall extend to dan ages to adjacent or downstream properties
as a result of Company's construction and maintenance activities as provided
herein. It shall also extend to damages resulting from erosion or siltation, or
modification of the point of discharge as the result of the construction of the
Temporary Private f=acilities and maintenance and/or siltation removal
activities. The approval of plans For the emporar \- Private facilities alld ally
related improvements shall not constitute the assumption by City of any
responsibilit , for such damage or to it 1, nor shall City, by said approval, be
rl
2015 -11 -17 Regular Meeting Agenda Packet Page 70 _}
6561
are insurer or surety for the construction of+the temporary porary Private Facilities and
any related i provernents. The provisions of this paragraph shall become
effective upon the execution of this Agreement and shall remain in full force
and effect regardless of the City's approval of the 'remporary Private
Facilities. However. nothing in this paragraph shall apply to any liability or
claims arising, from the active negligence or willful misconduct of City or its
officers or employees,
8. Miscellaneous .provisions.
J. Entire A. aree rnent. This Agreement., together- with any other
written document referred to or contemplated herein, embody the
entire Agreement and understanding between the parties relating to
the subject matter hereof and any and all other prior or
contemporaneous oral or written agreements are hereby
superseded. This Agreement may be amended, but only pursuant
to a written amendment properly authorized and executed by both
parties hereto.
Compliance nc kith Laws. In the performance of its obligations
under this Agreement, Company shall comply with any and all
applicable federal. state and local Jaws. regulations. policies,
permits and approvals.
eeitais and Exhibits. All Recitals and attached Exhibits referred
to herein are hereby incorporated hereunder.
8.4. Term. This Agreement shall remain in effect for so long as elther
party has executory obligations hereunder:
8.5. Recorder The parties hereto shall cause this A reer ent to be
recorded in the Office of the COUnty Recorder- of San Diego
' County`.
;r
&6. Assignment.. The obligations of the Company under this
Agreement shall not be assigned in Nvhole or in part without the
express written consent of the City pursuant to Section 10.2. 3) of
the Development Agreement. City's consent shall not be withheld
if the assignment and delegation is to a Merchant Builder as
defined in the Development A(Irreernent ) by private agreement and
the Company remains obligrated to the City. Pursuant to Section
10.2.4 of the Development A greement, ho�Never. City shaII e haunt
any accepted. substitute security before making any demand on
Company.
7
.---- .-.., .2 015 -IIL- -7 Reg.wlar- MeeUng- Aganda- Packet - Page 74-
. -- -R -�-
6562
8.' . Authority of Si n tories. Each signatory and party hereto hereby
warrants and represents to the other party that it has legal authority,
and capachy and direction from its principal to enter into this
Agreement, and that all resolutions and/or other actions have been
taken so as to enable it to enter into this Agreement.
8.8. Termination. Upon the termination of this Agreement pursuant to
applicable provisions hereof, at the request of Company or any
successor in interest who owns an), portion of the Project
encumbered by this Agreement. the City will execute an
instrument in recordable form prepared by Company in a form
acceptable to the City Attorney which evidences the termination of
this Agrreernent and conf iris the release of the Project or
applicable portion thereof from the encumbrance of this
Agreement.
8.9. Attorney's Fees. if either party commences litigation for the
judicial interpretation, reformation. enforcement or rescission
hereof the Prevailing party shall be entitled to a judgment against
the other for an amount equal to reasonable attorney's fees and
court costs incurred. The ..prevailing party., shall be deemed to be
the party who is awarded substantially the relief sought.
8.10. Preparation of p—ree ent. No inference. assumption or
presumption shall be drawn from the fact that a party or his /her
attome y prepared and /or drafted this Agreement. it shall be
conclusivel y presumed that both parties participated equally in the
preparation and /or drafting of This A ,regiment.
8.1 1. Notices. Unless otherwise provided in this Agreement ent or by law.
any and all notices required or permitted b this Agreement or by
law to be staved on or delivered to cither party shall be in writinO
and shall be deemed duly seared, delivered, and received when
personally delivered to the party to whom it is directed. or in lien
thereof* when three (30 business days have elapsed followin
deposit in the U. S. bail, certified or registered snail. return receipt
requested. first -class postage pre -paid, addressed to the address
indicated in this Agreement. A party may change such address for
the purpose of this paragraph by giving written notice of such
chance to the other party.
CITY OF CIAULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Engineer
���2015 -11 -17 Regular Meeting Agenda Packet Pale 72
6563'
COMPANY:
:
LF IV/McMillin MilleniaJ .l..L
P.O. Box 85104
San Diego, CA 82186-5104
Attention: Todd Galameau, Senior Vice President
With a copy to;
c/o The Stratford Company
5090 North 40'h Street, Suite 1.60
Phoenix, Arizona 85018
Attn- Diane W. Belcher
8,1?. Counterparts. Tbis Agreement ent may be executed in more than one
counterpart. each of which shall be deemed to be original but all of
which, when taken together shall constitute but one instrument.
8.13. Miscellaneous. The above- referenced Recitals are true and correct
and are incorporated into the body of this Agreement by this
reference. This Agreement supersedes and replaces in its entirety
that certain Storm Water Management Facilities Maintenance
Agreement vvlth Grant of Access and Covenants tay Ranch
Eastern Urban Center [ ]) by and between McMillin Otay
Ranch. LLC and the City {.
End of page (next page is signature page)
0
_-- ...—_ _._ 20154. 1-- l- 7-Reg-ular- .Meeting- Agenda Packet . _-. �-Page- 7- -Y- - ---.__
6564
SIGNATURE PACE
INTERI M DESILTATION AND MAINTENANCE AGREEMENT FOR
MASS GRADING OF THE EASTERN URBAN CENTER MILL NIA
IN WITNESS WHEREOF, parties have executed this Agreement to e
effective as of the day of r, o 1 1 wle "Effective Date ".
COMPANY: C T P C ULA VIS'T'A
S f' IV/McMillin Millenia .1 1. LL
a Delaware Limited Lia l ity Company
By: The Corky McMillin Real Estate Group, LL By:
L__ - A--..ec
Delaware Limit 'ability Company Cheryl Cox. av
Its Managin� ee��
By:
APPROVED AS TO FO •
is
• y.
Iis:
ATTEST:
B: A,&Ua�� is mzv
D,b T na N o rrIs , 1 Cler,
Attachments:
Exhibit A: Legal Description of the Property
Exhibit It : Condition fro. 52 of Tentative Map from CCV Resolution lain...
Exhibit : inspection. Operation. and Maintenance plan IOMP titled -Sediment
Basin Operation and Maintenance plan — 1 illenla EUC) Bass radin "
dated April. 2-011 and prepaTed by Project Design Consultants
Exhibit D: Securit y Requirements
J ' �:xS �lotcGt s. i i ) 'L` � rt��r i Yamcm Utban Coact €rues m Maini Atuee: cni d1w
2015 -11 -17 Regular Meeting Agenda Packet Page 74
CALIFORNIA ALL PURPOSE 6565
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ulv 12, 2011-, before me,, Ann M. Futo. ]rotary Public, personally appeared Bran J. Mil ch and
Wade Hall, NA.Fho prayed to me on the basis of satisfactory evidence to e the person(s) whose name(s)
/are subscribed to the within instrument and acknowledged to me that � /they executed the same in
(their authorized capacity es, and that by their signature(s) on the istrmet the
person(s), or the entity upon behalf of which the person(s) acted, executed the 'Instrument.
certify under PENALTY PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
This area for official notarial coal
Notary Farm 2011
—2015- 1147. Regular- Meeting. Agenda Packet
ANN . F T
CDMMISSIDn#1832730
. •+ Notary Public - Callfarnia
San Diego County,
Comm. My Expires Jan 23, 2013 In, 1W- -w-- wqr i
1W -W
w . .� Pag.e.75-- -
ti HI IT &L 73
Legal Description Of r0j t Silte
PARCEL
6565
PARCEL 3 OF PARCEL MAP NO . 18 4 I, III THE C1TY OF CHULA VISTA, COU14TY
F SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTS
RECORDER OF SAN DIRG 0 COUNTY, MAY 31, 2"000 AS IN TRLUENT NO .2000-
2B3 F OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN
rRREVOCABLE OFFER OF DEDICATION OF FEE 114T RE T RI- CORDED MAY 2,
2003 AS WTRUMNT N. ? 003 - 0604602 AND ACCEPTED THAT CERTAIN
ACCEPTANCE OF IRREVOCABLE FrER OF DEDICATION OF FEE INTEREST
RECORDED I A. , 2003 AS INSTRUMENT . E . 2003-0604..6,03 .03 A 'D NVE�D TO
TI-M STATE OF CALIFORNIA BY GRANT DEED RECORDED MAY 2233,2003 AS
TN TRENT ND. )003 #0604607 ALL OF OFFICIAL, RECORDS OF SAN DIEGO
COUNTY, CALIFORNIA.
PARCEL . (A-P : 6433-060-224)
TEkT PORTION OF LAND CONVEYED TO THE STATE OF CA11FORNIA RECORDED
01\1 .A _ 2003 A INSTRUMENT D. '?003. 0604607 LYING EASTERLY AND
NORTHEASTERLY OF THE FOLLOWING D S RMED LINE:
COMMENCING AT AT' IRON PIPE WlTH DISC STAMPED "R. .E 2260 " Ntk ,KJN
THE NORTHEAST CORNEA. OF LOT 23 OF RANCHO OTAY, AS SHOWN ON RE CORD
F S URV F, Y N 0. I _5 0-4L.3 RECORDED MARCH 9TH, ?000* IN THE 0 FT- 1 CE 0F'IHE
COU14TY REORDER OF SAN DIEGO COUNTY, SAID FIFE BEARING NORTH
715757 " FAST 2640.41 FEE" FROM A'2" M N PIPE WITH DISC STAGED " L.S. 294"
lyLkRKING THE SOUTHWEST CORNER OF LOT 10 OF MAP NO. 1443Z RECORDED
AUGUST 30TH, 002, IN THE OFFICE OF SAID COUNTY RECORDER;. THENCE
ALONG THE N RT ERL rNE OF SAID LOT' 3) SOUTH 71575711 WEST 22.30 FEET
TO THE TRUE POINT OF BEGGING; THEN E NORTH 6324'16" WEST 13 9.24 FEET
TO THE BEGINNING F A 550.03 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THEN E NORTHWESTERLY ALONG SAID CI R B THROUGH A
CENTRAL ANGLE OF 2239'08" A. DISTANCE OF .2.17.46 . FEET TO THE T E MING OF
A NON-TANGENT 433.15 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A
RADIAL. BEARJNG TO SAID POINT BEAD SOUTH 4415`53" WEST; THENCE
-
NORTHWaTERLY ALONG SAID CURVE THROUGH A CLNTRAL ANGLE OF
0200'16" A DISTANCE OF 15. 1 FEET; THENCE NON-TANGENT TO SAID CURVE
ND TH 0= 5)'22 " WEST 30,31 FEET TO THE BEGGING OF A NON-TANGENT 320.41
2015 -11 -17 Regular Meeting Agenda Packet Page 76
6567
F CT RADIUS CURVE CONCAVE NORTHEASTERLY, A< RADIAL BEAMNG TO SAID
POINT A .S SOUTH 46202'5 1" WEST; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH L ANGLE OF 0943'46" A DISTANCE F 54.41 FEE'S' TO
THE BEGROWO OF A 3606;39 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; ; SCE 140IM-TWESTERLY ALONG SAID CMVE THROUGH A
CENTRAL ANGLE OF D23 '08" A DISTANCE OF 157.51 FEET TO THE BEGR4NIN 0 C
A 1913.84 FOOT RADIUS CURVE CONCAVE ORTREAST L ; TIC
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0.53 8' 3" A DISTANCE OF 188.19 FEET* TO THE BEGMING ORA 6998,0 I OOT
RADWS CURVE CONCAVE NORTHEASTERLY; ; 3THENC NORTHWESTERLY'`
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0124!52" DISTANCE OF
170-2.745 FEET 'T TIM MNINC OF A NON-TANGENT 3624.021 FOOD' RADIUS
CURVE CONCAVE NORTHEASTERLY, A RADIAL LrNE TO SAID BEGINNING
BEARS SOUTR 6527'01 " WEST; THENCE NORTHWESTERLY ALONG SAID CURVE
TRROUGH A CENTRAL ANGLE OF 0314'.2-6" A DISTANCE OF 204,98 FEET, THENCE
NORTH 2118'33" WEST *204.19 FEET; THENCE NORTH 1729t08" WEST 83,50 FEET T
THE Co x F 1407.94 FOOT RADIUS C CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0837'48" AJ��I I 'A� 212.07 FEES' - �'� NORTH 08375 " WEST ., FEES'
T THE POINT 4_ TERMINUS; "�'1 NORTH 0911'35# WEST 16x.93 FEE'S;
THEN C NORTH 082T.'34" WEST 5 6.2 4 FEET; THEN CF, ORTH 0910'03" 'SST 77A
FEET To THF, BEGINNING OF A 13126 FOOT RADIUS CURVE CONCAVE
EASTERLY,-, THENCE NORTHERLY ALONG SAID CURVE THROUGH GH A CENTR-AL
ANGLE OF 1332'35" A DISTANCE 32,44 FEET; THENCE NORTH 042232" EAST
31.80 FEE71 TO TIM BEOWNrNG OF A 1.94.84 FC T RADIUS CURVE CON CAVE
WESTERLY; HE C ORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 1416'0 9 " A. DISTANCE ]F D.9.) FEET TO THE BEGINNING OF A 121.88
FOOD` RADIUS REVERSE S CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 t 9" A DISTANCE OF
44.45 FEET; THENCE F'OR'TH 09071 —23" EAST 160.03 FEFT:T0 THE BEMNING OF A
1 L54 FOOT RADIUS CURVE CONCAVE SD TBEA T RL ; THENCE
NORTHEASTERLY ALONG SAID CURS T14ROUGH A CENTRAL ANGLE OF
1 439'39" A DISTAN C OF 233.9-5,FEET TO THE GII�INC OF A 2155.33 FOOT
RADIUS US CUR ` CONCAVE 3' ASTERL ; THENCE NORTHEASTERLY C
SAID CUR B THROUGH A CENTRAL ANGLE OF 0435'30" A DISTANCE OF 172,731
FEET; THENCE ORTH 282213 1 " EAST 1'20.33 —2 FEES; THENCE NIT ? 1" EASE'
9.27 FEET TO THE BEGIMING OF A 593.50 FOOT RADIUS CURVE CONCAVE
WE STERLY; THENCE NORTHERLY ALONG SAID CURVE THR UC; A. CENTRAL
AL
ANGLE 3333'34" A DISTANCE OF 347,62) FEET TO TBE BEGINNING OF A 1262.42
FOOT RADIUS S CURVE CONCAVE T S'T I L -, THENCE NORTHERLY ALONG SAID
CURVE THROUG H A. CENTRALAN GLE OF 4709'41" A DISTANCE F 157.79 FEES`
TO THE BEGMNING OF A 36.88 FOOT RADIUS REVERSE CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CUM THROUGH A
CENTRAL A GL F 903999" 9lx A DISTANCE F 58,35 FEET; THENCE 0 -
.�.,,�.. 2n15-11=- egular MeetingAgeada Packet- . _ .. , „ , . ._ . , - - , ... _ ...---Page.77 w -. .
TANGENT TO SAID CURVE NORTH 081 8'5611 WEST 45.88 ' THENCE ALONG A
RA SA ► BEARING NORTH 081 E WEST 65.00 FEET TO A. POINT ON A 3700.00
FOOT RADIUS CURVE CON CAVB SOUTHEASTERLY` SAID POINT fNG ON THE
SOUTHERLY NE OF LAND DESCRIBED AS PARCEL... 032.0 19 -1 CONVEYED TO THE
SK'A'TE OF CALIFORNIA RECORDED ON MAY � 2003 AS INSTRUMENT N .27003 -.
60 607 ND �� S' � ' A
THROUGH A CENTRAL ANGLE OF 034B'57" A. DISTANCE OF 246A2 FEET TO THE
SOUTHERLY TERI&NUS OF THAT CERTAIN COURSE IN SAID STAFF LAND
BEARING NORTH 0 ' l " WEST 95.92 FEE'.
ABOVE TBE DESCRIBED LAND WAS CONVEY M TO M MIL IN OTAY RANCH,
LLC, A DELAWARE LIMITED LIABILITY CObVANY IN GRANT DEED RECORDED
AUGUST 6, ? 010 AS INSTRUMENT N . 2010- 040391 ? OF OFFICIAL RECORDS.
PAR . A N. 6432-0 60-23)
THAT PORTION .AID CONVEYED THE STATE CALIFORNIA CORDED
ON MAY 2212 2003 AS rNS''R . MENTN . ' 003- 0604607 qN EASTERLY THE
L MN DESCRIBED LINE:
CojvMENCING AT AT' IRON PIPE WITH DISC STAMPED D "R. .E 06" MARKING
THE NORTHEAST CORNER OF LOT 1-3 OF RANCHO O TA , AS SHOWN ON RECORD
SURAIEY NO, 1 6504, RECORDED MARCH 9nl, 27000, IN THE OFFICE OF THE
couNTY RECORDER OF SAN DIEGO COUNTY, SAID PIPE BEARING NORTH
7157'57" EAST ?6 0.41 FEET FROM A 11 IRON PIPE WITH DISC STAMPED "L'S. 52$4:1
1�4ARJCNG T14E SOUTHWEST CORNER OF LOT 10 OF bW NO. 14432), RECORDED
.^,U GUST 3 OTH9 ?002, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE
ALONG THE NORTHERI:Y LINE OF SAM LOT 23 S UTH 7157157" WEST227.3 0 FEET;
THENCE NORTH 632411611 WEST 138.24 FEET TO THE DEGR4NING OF A. 550.03 FOOT
RADIUS CURYE CONCAVE, NORTHEASTERLY; THENCE N RTI-1 ES R Y
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2239'08 #' A DISTANCE OF
1 7.46 FEE'S' TO THE BEGMING OF A 1\10N-TAN GENT 3". IS FOOD' RADIUS
CURVE CONCAVE NORTHEASTERLY, A, RADA. BEATING TO SAID POINT BEARS
SOUTH 441 5#531` WEST; THEN CE NORTIMMSTERLY ALONG SAID DUNE
T�.DJ A CENTRAL A 0 00' 16" A DISTANCE 5. I FEET; TINE
NON- TANGENT TO SAID CURVE NORTH 60451281' 1 TST 30.31 FE ET TO TIC
BErjMfNQj A NON - TANGENT 17.0.41 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A. RADIAL BEARING TO SAID POINT BEARS SOUTH 4622'5111
WEST, THENCE NORTHWESTERLY ALONG SAID R E THROUGH A CENTRAL
ANGLE OF 0943 "" A DISTATE OF 54.41 FEET TO THE EEGINNFN A 3606.39
FOOT RADrUS CURVE CONCAVE N RTE ASTER ; THENCE N RTM'ES 'ERL
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0230'08" A DISTANCE
-`
1 '57,51 FEET TO THE EIS IqNTIN A 191.4 FOOT RADT S CURVE CONCAVE
R HEALS 'ER Y; THENCE NORT14WESTERLY ALONG SAID CURVE THROUGH A
2015 -11 -17 Regular Meeting Agenda Packet Page 78
6569
MNTI A ANGL OF 0538'03'# A DISTANCE OF 188,19 FEET TO THE. ISM OF
A 6993.01 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THE
NORTHWESTERLY ALONG SAID CURVE THROUGH A. CENTRAL ANGLE Of
OI ' 2" A DISTANCE OF 172.745 FEET TO TM 11'%M0� OF ANO TANGENT
3624-21 FOOT RADIUS CURATE CONCAVE NO RTIM- ASTERL , A DIAL LM TO
SAM BEOrNNING BEARS SOUTH 652TO 1" WEST; THENCE O THW S M
ALONG SAIDCURVE THROUGH A CENTRAL ANGLS OF 0314126" A DISTANCE D
2 04.98 FEET; THENCE T14i 211813 1 �` ��j+�� 4.19 FEET; THENCE T I 91081t
W ST. 3. 0 ,L �i' `I' BEGU� ' #lIN;.J OF 1/7r FOOT` RADIUS CURVE
CONCAVE - AST RLY; T14ENC . NORTHERLY ALON r SAID CURVE THROU014
CENTRAL ANGLE OF 0837'48' A. DISTANCE OF 212.07 FEET; TEMNCE NORTH
08 7# " ST" 232.59 Fes; nIENCE NORTH . 091 I #3 " WEST 169.93 FEET; THENCE
NORTH 082234" WEST 56.24 FEEM THENCE NORTH 0910 #03" WEST 77.41 FEET TO
THE BEGNNING OA F A 13 7.26 FO OT CI S CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG SAID CURVE THROU014 A CENTRAL ANGLE OF
1 332135" A DISTANCE OF 32.44 FEET; T IE CE NORTH 0422'32" EAST 131.80 FEET
TO TTY BE ORqNING OF A 284.84 FOOT RADIUS V CONCAVE WESTERLY;
THENCE NORTHERLY ALONG NG SAID CURVE THROU014 A CENTRAL ANGLE OF
1416108 " A DISTANCE OF 70.93 FEET TO THE E WNING OF A I21.8 8 FOOT
RADIUS REVERSE CURVE CONCAVE EASTERLY,, THE NLCE NORTHERLY RL ALONG
SAID CURVE THROUGH UG A CENTRAL ANGLE OF 900'59" A DISTANCE OF 40.45
. T; T I NCE NO RT 1 0907'23 F1 EAST 1 60.03 T TOTFIEBEGMINGOFA911.54
FOOT RADIUS S CURVE CONCAVE A SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A OF ANGLE 1439'39" DISTANCE ANCE
FEET E T GPI !G Olio A,. 2135.33 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY R.L ALONG SAID CURVE THROUGH A.
CE NTRAL ANGLE OF 043T30'# A DISTANCE OF 172.73 FEET; THENCE NORTH
282231" FAST 120.32 FEET; TRENCE NORTH 632'2 I" EAST" 1 69.27 FEET TD THE
TRUE POINT OF BEGINNING) SAID POINT BRING THE BEMNING OF A 593.50
FOOT RADIOS CUkVE CONCAVE WESTERLY; THENCE NORTFM-RLY ALONG SAID
CURVE THROUGH A. CENTRAL ANGLE OF 3333134" A DISTANCE OF 347.62 FEET
TO THE EGNNI I OF A 12 62.42 FOOT RA. MUS CURVE CONCAVE 1 ESQ` RL ';
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE D
0709'41" A DISTANCE OF I .57179 FEET TO THE BEGD4NING OF A 36.88 F OOT
RADIUS REVERSE CURVE COIN AA SOUTHEASTERLY; THENCE
NORTHEASTERLY RL ALONG SAM CURVE THROUGH A, CENTRAL ANGLE D
9039'38" A DISTANCE OF 58.35 FEET; THENCE N N- TANGENT TO S - D CURATE
NORTH 081 9.56" WEST 45.818 FEET; THENCE ALONG A RADIAL BEARING NORTH
0810,1 'i WEST 65.00 FEET TO A POINT OWN A 3700.00 'FOOT C T RA IU CURVE
CONCAVE SOS TR ASTERLY, SA ED POINT BErNG THE POINT OF TERMR�TUS AND
BEING OWN THE SOUTHERLY LINE OF LAND DESCIUBED AS PARCEL 32019-1
CO'N-VE "E"D TO THE STATE OF CALIFORNIA .NIA RE O R ED ON MAY 227 2003 AS
TNSTRUMENT NO. 2003-060 607; THENCE NORTHEASTERLY ALONG SAID CURVE
AND SAID STATE LAND THROUGH UGH A CENT`. ANGLE OF 034B'57" A DISTANCE
2015 -11 -17 Regular Meeting Agenda Packet Page 79
6570
Or 246.42 FED TO TRE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN
SAM STATE LAND BEARING NORTH 0421'16" WEST 95.92 FRET.
THE ABOVE REBED LAND WAS CONVEYED TO MCIVELLIN OTAY NCH,
A.0 LIED LIABILITY COMPANY IN GRANT DEED RECORDED
AUGUST 6.,2010 AS INS'LMN' NO, 2010-0403982) DF OFFICIAL RECORDS.
2015 -11 -17 Regular Meeting Agenda Packet Page 80
6571
El XHI l 14W
Resolution N. 2009 -2
Page 1
! ;�. t�r_!•h +*3- _+- .�i�23�f�t r. i5 !ri t r.•iyi =ih :i:. t .i. Y.!l*.^�.i�8 •1�!i.
,y 3
awry} er, P. 7.�
a ! •*
OfI s .�vsr. r ► Y ♦ }
d i ush e 14 1% Y#b r i n ra'a
•� r s
GRADENG AND DR kLNAGE
52. Prior to approval of each gMiag permit for the project, Applicant shall*
a+ spare a ma manauce program of all the proposod &ainacle and water~ quality
ailies, the. cbaacl or basin, intlucfmg but not Iitcd to oat=liztd
channels down stream of the PrDj=4 wetlands restoration areas, detention bas=',,
a d water quality tre t eat facilitie . The maintenance proms shall include,
but not be limited to: a) a r anuel dascTibing the operation and mai to as e of the
dritina a and water quality treatment facilities; b an estirnate of tht cost of such
operation and mairarnanm activities; and c a funding echa i m and schedule
for finmcing the maimienaace proc.Tam. Said maintanance proms shall be
subject to approval by the City Engineer. The Applicant shall be respD sible for
obtaining all required approvals of the maiintenanm progimm from all applicable
Federal and state agencies.
b. De or trate compliance %Nith Sccuion 1803 of ihe ali€orn'a Building Code
BC).
c. Enter into an agreement with the City of Chula Vistas wherein Applicant arcs
to:
i Provide for the rnainteuanca of all pr posed drzinage and water quality
treatmeat .welli es attributable to the -project, and provide security,
sa sfamory to the airy l c 1necr, guaranteeing the erfo nance of the
a oremcatioced rrta t aDc and siltation removal obligations. nis
obligation mdy be tans 'erred to anothr-r pmpuny owricr if approved by
the City. Treatment facilities M"cluding but not lirmited to nanu-411zed
drama is chapels= wetlands restoration areas as Mowed b the resource
agencies, detention basins, and water quality treatment facilifies shah be
maintained by the Applicant untH occurrence of Che latter of the Meowing:
a alutana ce of sueit facilities is assumed by the City, upen space
district or faster Homeowner's Assoc'Mon, or; the City datcamints
ail erosion p tecdoa plantings are adequately cstabEsbed.
+ r R • r{ rt 1.11 �*.'L�Ii el _. f.. # i !1 f••5..._. n #.w f� 1-r r t �•`,"� � f • * / ,r
46t e
41 1
•
2015 -11 -17 Regular Meeting Agenda Packet
6572
Resolution No. 00 -.2.5
Pago 20
iii) Provide for the rernaval of any siltation restg from aU prapastd
drainage and water ua]i treatment facilitics, including but not limited to
enaW drae channel, wetlands -restoration areas as allured by
the itsource agencies, detention basins, and grater quality treatment
f-heilifles, f1ruibutablm to the Project, for a mlnim= period of five yc=
after maintenance of such faciHry is accepted by the City or an appropriate
Maintenaace l istricL
Iv Applicant shall provide seewity, sat sf4ctary to the Oty Engineer,
gaz==ing the performancte of the aforementioned maintenance and
siltation removal obligations.
53. P or to butall ation of base paving and placement of curl> and gu e. r fora work- related to
apprcvcd construction plans the Applicant shall demote, to The City Engineces
satisfaction, that higWy expansive fill soils with an expansion index over 0 are not
-within the upper five #feet of any public right of way or public eas ant. Applilcam sba
seItctlVel Y grads U soils th are expansion index. above 90 its the upper ve feat of
any public right of war or propose aa altemme meLhod to n-itignte expansive soils. Said
ahemaw tnetbod shall be subject to the approval of the City Engineer prior to placement
of curb and gutter, sidr -walk or aggregate base. . Additionally, aay formational mattaials
within three fact of sub gradD sba he tested for a pa ion, and mplaced with so , wMch
bas an expansion index of less than' 0.
NYE
54. Prior to approval of the R= final "B" Map, the Applicant shall enter into an agre=cni
with the City to conHbute its fair share and shall thcreafier pardcipatc according to the
terms o-T such agreement in any necessary ceding 1'40t' ftnpl=enting a Poggi Lyon
sewer wunk-- monitoring progr'a as determined by thr City En 9 ' r. The sewe tr
r urk-
mooitonng proms shall ;include an analysis of the r=te g rapacity of the Fogg
anyon am- Ewivre sewer system. 7be ac sits shall demonstrate to the satisfaction of
the City En I ter that s-of cient capacity exists for the number of ED 'Us cortwned � all
Final Maps for e P ojcct subimined to the City pursuant to the Uat is set fanth in the
l'l*i*'P. The analysis shall inciude`a o %VS from reladng to the Fraject, including pwnpcd
flows, cntcring the Poggi Canyort Tnmk Sewer, not just from Eastem Urban cnt.--r, or
from ►it in the Foggi Canyon gmvit b-asim
55. p ,6or to approval of each final map, tae Applicant shaU enter into an a retment with the
City whcreby the Applicant agrm and acknowtedgcs that all development vnidh n the
Eastern Urbaa Crmtcr shall be consislent whh the ` #Bastern Ur6an Gamer- Technfcal
aver S(udy ", prepared by PBS&J Tate 2008). pct are the Applicant s1W1
arce that prior to design review approval gad in accordance with the Inteasity Traw 'er
Provisions in Lbe EUC SPA, xhc Appllcaat shall provide an updated Tccbzdc4 8cwer
Study with each prcpos d project re ue ing an intensiry tr=f ri The Techn3cal Sewer
Study shaU de o =te to the satisfaction of #.hc City Engiueer that adequate capacity
deists in the wastewater k&asUucture io support the transfer.
1—
2015 -11 -17 Regular Meeting Agenda Packet Page 82
6573 EXJ111V-1T«c °
SEDIMENT BASIN OPERATION AND
MAINTENANCE PLAN
MILLENIA (RUC) MASS GRADING
APRYL 2011
Prepared For:
SL McMillin Mill i T , LLC
P.O. Bo.x 85104
San Diego, CA 92196-5104
'Prepared y:
7018 SIMI, SUite 800
PROJECT" DESIGN CWSUANS san Cis on.CA 92 10,
619.235.6471 Tot
Planning I �.e +gape Archita turn I Engineering ur ea i1923 4.03 4 9 Fax
Job No. 3365.00
ASS/
~t
SUE►
m
Ho. 056148
P- 12-31-12
or, Cf,0
2015 -11 -17 Regular Meeting Agenda Packet
Debby Reecc, RCE 56149
e il tr tim Expires 12/31/12
6574
�
T"LE OF CONTENTS
I. INTRODUCTION AND '—.~..~~.--.-_.__..~.`_.,.l �
|
2. NLAJNTENANCE PBl)0BLAM .............. .~~...---..~.,','—~.,,,,~,,~'...2 �
�
3 ~^^^ )
FIGURES
`
|
]
F I
APPENDICES
l. Mass Grading Plans
I Operation and Maintenance Procedures &CbmnIdists
201e41 Packet
6575
L INTRODUCHON AND DESCRlPTION
This Operations and Maintenance M manual was prepared as a m ntenan a guide for the
proposed temporary scdime t basins built Within the rifler ja (EUQ project, in the City of
Chula Vista, CalifbiTda. the basins will be waded as part of a mass grading operation (City of
Chula Vista drawing 10044) and will a located east of -125, south of Birch Road, and merest
of Eastlake Parkway. There will be four basins: the north basin, crest basin, southeast basin and
soot ivest basin. The basins will collect runoff` from the disturbed mass graded area and drain
into existing under r un storm drain systems (north and west basins), and h1to existing canyons
(southeast and southwest basins). Maintenance for a seri
2.
MAINTENANCE rROGRAM
6576
The folloNving section describes the maintenance procedures for the sediment basin and ditch
maintenance. t is understood that maintenance will a required until the respous�bilit for
maintenance has been assumed by another owner of part or all of the grope* or the City
determines that the Temporary Private Facilities are no longer needed because they have been
superseded by oew private or public facHities approved by the City Engineer. The designated
responsible party listed below shall be solely responsible for the maintenance and operation of
the sediment basins and any liability resulting them from.
Designated Res onsible Fart : SL I McMillin Millenia �, LL C, A �:'rodd Cralarneau
sae ; The basins should be inspected prior to a 0% or greater probability of
precipitation, at 24 hour intervals during extended rain events and after the conclusion of rain
events greater than O. - inches of rainfall or geater during normal business hours dewed as
Monday though Friday from :00 a.m. to 3:30 pan. At a minimum, basins should be inspected
at least Mice per gear. The ins eetion cbe klist in Appendix 2 should be used to document the
items inspected. The most important item to dnsp et is the outlet structure to ensure it is
imobstructed.
Maintenance Activities: See below. Refer to mair►tenance checklists in Appendiix 2 for
maintenance a task descriptions.
Sediment Basins:
a Examine basin bards for seepage and structural soundness
Check outlet structures and spillways for any damage or obstructions. Repair damage
and remove obstructions as needed.
Check inlet and outlet area for erosion and stabilize if required.
Remove accumulated sediment in the bottom of the basin when sediment reaches one
half the designated sediment storage volume. The sediment should be managed properly
and placed to preclude erosion, or disposed of accordingly. Options include:
incorporating sediment into earthwork ou the site i `din operations are occurring and
only if there is no risk that sediment is contaminated); or off-site export/disposal at an
appropriate Ideation e.g., sediment characterization and disposal to an appropriate
landfill).
•
If basin has not drained within 96 hours after accumulation, remove standing water.
CAN cum nuznd seli inwD, bb =1 S €:lirp%Tempurary UsiMO d'OUL761,33 4=1
2015 -11 -17 Regular Meeting Agenda Packet _.Page,86.,_,1_-,��,
6577
* If the basin does not drain properly clue to stoats that are more frequent or larger than the
design store or other unforeseen site conditions, dewatening should be conducted it
accordance xvith appropriate dewatening procedures rid i n accordance with local permits,
• Remove excessive emergent and perimeter vegetation as needed or as advised by local or
state vector control agencies.
Inspect and aiataii) chain link fence as required to preclude entrance to the basins..
Concrete Ditches:
a Remove silt, vegetation and de s from all ditches as necessary to maintain design
capacity of the ditches.
Inspect outlet locations Milo the sediment basins to check for undermining andlor
eadcutting. Repair and/or re grade as necessary.
3. CONCLUSIONS
Routine maintenance and inspections are important to ensure proper per 'or a ec of the four
proposed sediment basins 'u the ` ` . The Designated Responsible Party shall inspect the
proposed bast as at a minimum of vice per year, near t Ye �x min ; and end of the vet season
(generally circa September Ist and before May Ist of each year), Retention of =cords of
inspections and maintenance activities is rend by Lhe. State Construction General Permit.
Inspection and maintenance checklists can be found 'in Appendix 2.
C ; \D0Cu Wj ;nd Stttiups thby1Lo.-zj SeltinSsiTrayariry Wmtt fik3!OLK76►33[63Br1S •O .\TtrlcsI (2j
2015 -11 -17 Regular Meeting Agenda Packet
1
i
1
i
4
�F
Y
}
Y
t
Y
J
6578
APPENDIX
Mass Grading Plans
For the Mass Grading Plans for the McMillin Otay Ran (Eastern Urban Center), see
City of Chula Vista Drawing Number 10044, Work Order Number PG-799, o file at the
Office of the City Engineer of the City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet Page 88
6579
APPENDIX 2
Operation and Maintenance Procedures & Checklists
-201544-47 R Mee4ng- Agenda- Packet Paige
6580
CheckIist for Routine Sediment n Basin Maintenance:
ORIGINAL -- MAKE COPIES. KEEP PAST RECORDS FOR REFERENCE -rt
Basin:
Inspection Date: Time:
Inspected ;
Item to fnspect & Task DEscriptiort
Condition COMMMS/CM-rective Action
Trash and Debris Removal
�
Satisfactory
- Inspect for presence o debris,
-- Inspect sin outlels and i for
# #
�
Needs �1����i/�4
clogging rCMD F nn obstructions.
555..///
n
Not Inspected
Erosion ep ��yxir
bate soil areas
-Make sure there are no bare Soil areas
'D
n` 1 yy� +n: ■Ja■
Satisfactory
that have eroded
Inspect spillway and dp p pad for
o
Needs Attention
damage and far presence o trb or
signs �# Vi++s'�W'i
i.T
D
Not Inspected
Standing Water
o
Satisfactory
-Inspect for mosgt itaes,
-Determine i any areas of basin dD not
o
Needs Attention
have posiHYe drainage to outlet.
-Check for signs of standing Neater
a
Not Inspected
Sediment Management
- Inspect level of'sediment
0
atisl`actor
accumislation in basin with a tape
measurer From the outlet.
o
Needs Attention
+ . �y y� p
i+ is iL►gW ed, schedula
"'�1y
�33�1�j #1�.yi!i�{��r�l+4p��tiniggr
yi+
;i�aint4F # +ik�. ce..
a,
i
Not Inspc + ed
Concrete Ditch Maintetzance
0
Salisractory
-Clean out sediment and debris from
ditches to maintain capacity.
a
Deeds Attention
-Inspect cutlets of ditches to scd*went
basins.
o
Not Inspected
Additional Comments:
4
t
2015 -11 -17 Regular Meeting Agenda Packet
6581
EXJMI 44 VT
SECURITY REUIOREMENTS
Made a anee hli;atio s per Section 3 of this Agreement.
• Cash. Deposit Cash deposit equivalent to two 2 years of
maintenance cost in the amount of
,10. to he submitted they days
before the filing of the City of Chula Vista
Form 5512 for approval of
Commencement of Work
* Maintenance Bona
Bond for an eight- year -term in the amount
of $1401,400.00 to be submitted thi y (3 0)
days before the filing of the City of Chula
'vista Form 5512 for Approval of
Commencement of Work
_�.. -9-1-147 Regular-Meeting-Agenda Packet-
Page Pages 9f - ----
2015 -11 -17 Regular Meeting Agenda Packet Page 92
f
• � t
X14 � t
[(�j
First American Title
I10M EMU iLDI R SERVICES
-REe6FdXNfrRE,Q������
"EN RECORDED RETURN ;
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOURTH AVENUE
CHULA V STA, CA 91910
accvm -16
DOC # 2013- 0053282
JAN 25, 2013 8:00 AM
OFFICIAL RECORDS ""71
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dionenbmg, Jr.. COUNTY RECORDED
FEES: 100.00
PAGES: 29
IIIIIVI�IIIIIIIIII�IIIIIIII�II�I�IIIIIIBIIilllll�llllllllllll�llllllllll�il
Above Space for Recorder's Use
V File Igo. G #799
AMENDED AND RESTATES INTERIM DESILTAT[ON AND MAINTENANCE
AGREEMENT WITH SLF IV/MCMILLIN MILLENIA ,N, i.LC FOR THE
EASTERN URBAN CENTER (MILLENIA)
This Amended and Restated Interim Desiltation and Maintenance Agreement
"Agreement") is made by and between SLF IV/McMillin Mille is J`, LLC (referred to
herein as "Company" or "Applicant"), and the City of Chula Vista, a California
ii
rn c a corporation ("'City"'), with reference to the following `acts:
RECITALS
l Company owns approximately 207 acres of lard known as the " tay Ranch
Eastern Urban Center "' hereinafter referred to as the "Project}' south of Birch
Road and the Otay Ranch Town Center, north of the.. future extension of rte
Parkway, adjacent to and east of State Route 12 5 (SR-125), and west of Eastlake
Parkway. The property which is the subject matter of this agreement is more
particularly deseribed in exhibit A. attached hereto and incorporated herein by
this reference (hereinafter referred to as the "'Property').
2 On September 15, 2009, the City approved a Tentative Subdivision Map for the
Project, Chula Vista Tract Ro (hereinafter referred to as the "Tentative Map"'),
by Resolution Number 2009-225.
On June 1, 2004, Company's predecessor and the City entered into that certain
Interim Desiltation and Maintenance Agreement (Eastern Urban Center Interirr
Grading) for the Project recorded in the San Diego County Recorder's Office on
Juno 9, 2004, as Official Record Number 2004-0538918, which was assigned to
and assumed by the Company by that certain Assigr rent and Assumption
Agreement dated September 14, 2011 and recorded on November 2, 2011, as
Official Record Number 2011-0582266 (together, "'Interim Desiltation and
Maintenance Agreement I"). On September 14, 2011 Company and City entered
into that certain Interim I esilt tion and Maintenance Agreement for the Mass
2015 -11 -17 Regular Meeting Agenda Packetm�- R
Page - 3
4
r
Grading of the Eastem Urban Center (M llenia ) for the Project recorded in San 8972
Diego County Recorder's office on November 2, 2011, as Official Record
Number 2011 -0 Interim Desiltation and Maintenance Agreement ").
This Agreement heTeby supersedes and replaces Interim Desiltafion and
Maintenance Agreement I and Interim Desiltation and Maintenance Agreement 2.
Condition number 52 of the Tentative Map, as more particularly set forth on
Exhibit requires, that prior to approval of each grading permit for the Project,
the Applicant shall:
(a) Prepare a maintenance program of all the proposed drainage and water
quality treatment facilities, the cannel or basin, including but not
limited to naturalized channels down strew of the Project, wetlands
restoration areas, detention basins, and water quality treatment
facilities;
(b) Demonstrate compliance with Section 1803 of the California building
code C Q; and
(C) Enter 'into an agreement with the City wherein the Applicant agrees to
provide for the maintenance of all proposed drainage and water duality
treatment Facilities attributable to the Project, and provide security,
satisfactory to the City Engineer, guaranteeing the performance of the .....,
aforementioned maintenance and siltation removal obligations. This
obligation may be transferred to another property owner if approved by
the City.
The City Engineer has determined that certain ternporary drainage, desalting
basins, and erosion sedimentation control facilities, as shown on Approved
Construction Change "B" of the Mass Grading Plans for the Project, Chula Vista
Drawing Number 10044 ( "Construction Change "B" are adequate as of the date
of this Agreement to temporarily service the mass- grading proposed for the
Property.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
L Defined Terms, The Following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated.
1.1. "Temporary Private Facilities'' shall mean the temporary private
drainage, desalting basins, and erosion sedimentation control
facilities proposed for construction within the Project, as shown on
Construction Change "B" as approved by the City Engineer.
2
2015 -11 -17 Regular Meeting Agenda Packet - Page 94
i
1.. "Complete Construction" shall mean that construction of the 8973
`emporar Private Facilities has been completed to the satisfaction
of the City Engineer.
1.3. "Maintain" or " ;Maintenance" shall mean to furnish, or the
furnishing of, services and materials for the ordinary and usual
maintenance required for the operation of the Temporary l'r�vate
Facilities as set forth in the IOM P.
1.4. "Inspection, Operation, and Maintenance Plan," or ' 1 ,MP," means
a description of the inspection, operation, and maintenance
activities and schedules required to ensure proper operation and
effectiveness of the Temporary Private Facilities, which l MP is
attached hereto as Exhibit C and incorporated herein by this
reference.
2. Condition No. 52 of `entativ Map* In partial satisfaction of Condition No.
of the Tentative Map, Company agrees to the following:
2.1. Construction. Company, agrees to construct Temporary Private
Facilities, as shown on Construction Charge "B." These facilities
may be phased in accordance with a phased grading plan as
approved by the City Engineer. The Temporary Private Facilities
shall comply with all the provisions of the National Pollutant
Discharge Elimination System and the Clean Water Program.
Company understands and agrees that Company i's responsible for
obtaini
r
after adequate secunhics are put in place as a condition of the 8974
transfer of responsibility to another owner,
13. Fulfillment of Condition No. 52. Condition No. 52 shall be
considered fully satisfied when the City Engineer makes the
determination that the last grading, permit for the Project has been
issued; otherwise, the requirements of Condition No. 52 shall be
enforced for each grading permit for the Project.
2.4. Securities. Company shall provide the City with maintenance
securities, in accordance with paragraph 3 below, to guarantee
Company - maintenance obligations herein.
3. Security for Performance.
3.1. Cash Deposit. At least thirty 3 days before the filing of the City
of Chula Vista Form 5 512 for Approval to Commence work,
Company skull provide the City with a cash deposit "Cash
Deposit'') to guarantee Company's maintenance obligations
pursuant to Section 2.2 of his Agreement, i
46
s
i
bondsmen, be liable for the payment of any surer or Burns for 8975
said work or any rnatenals furnished therefor.
3.2. Municipal Code Requirements. Company understands and agrees
that Company shall be subject to all the provisions of the
Ordinances, Standards, and Policies of the City of Chula Vista
(including Section 14.20.3 10 of the Municipal Code), the laws of
the State of Califomia, and federal law as applicable to said work
as all may be amended from time to time.
4. Future Approvals* Company acknowledges and agrees that the performance
of Company's obligations herein is required for the health and safety of the
residents of the City. Therefore, the Company agrees that the City shall have
the absolute and unfettered right to withhold the issuance of any grant of
approval for the Property, if the Company is determined by the City not to be
in compliance with the terms of this Agreement. If Company is determined
by the City not to be 'in compliance with any term of this ,Agreement, the City
shall notify Company of Company's non - compliance and provide the
Company with thirty days to cure said non - compliance. The Company
shall not be in non-compliance if, upon notification of non - compliance,
Company starts immediately to work toward cure of said non - compliance and
diligently pursues, as determined by the City Engineer, a course of action to
achieve a cure within a Treasonable time - range.
5. Agreement Binding upon Successors. This Agreement shah be binding
upon and inure to the benefit of the successors and assigns of the Company as
to any or all of the Property until released by the City or terminated in
accordance with the terms hereof`. However, City agrees to release individual
properties from the obligations of this Agreement upon completion of
permanent Facilities approved by the City as part of a development plan for
those individual properties or upon City approval of a transfer of
responsibility pursuant to sections 2.1 or 2.2 of the Agreement.
6. Agreement Running with the Lard and in favor of City, The burden of the
covenants contained in this Agreement 'is for the benefit of the City, City is
deemed the beneficiary of such covenants running with the land without
regard to whether City has been, remained or are owners of any particular land
or interest therein. if such covenants are breached, the City shall have the
right, but not the obligation, to exercise all rights and remedies and to
maintain any action or suits at law or in equity or other proper proceedings to
enforce the cur*ng of such breach to which it or any other bcneficiarics of this
Agreement and covenants may be entitled.
7. Indemnification. Company further understands and agrees that City, as
indemnitee, or any officer or employee thereof, shall not be liable for an
injury to person or property occasioned by reason of the acts or omissions o
2015 -11 -17 Regular Meeting Agenda Packet Page 97
Company, its agents or employees, related to the construction of the 8976
Temporary Private Facilities and Company's maintenance activities.
Company farther agrees to protect and hold the City, its officers and
employees, harmless from any and all claims, demands, causes of action,
li
4
8. 5. Recorder The parties hereto shall cause this Agreem ent to be
recorded in the Office of the County Recorder of San Diego
County.
8.6. A.ssignment. The obli
r �
R t �
personally delivered to the party to whom it is directed, or 'in lieu 8978
thereof, when three business days have elapsed following
deposit in the U. S. Mail, certified or registered rail, return receipt
requested, first -class postage pre -paid, addressed to the address
indicated in this Agreement. A party may change such address for
the purpose of this paragraph by giving mitten notice of such
charge to the other party.
CITY OF CA VISTA
276 Fourth Avenue
Chula Vista, CA 919 10
Attention: City Engineer
COMPANY: {
SLF WfMcMillin Mil enia JV, LLC
P.O. Box 8 104
San Diego, CA 82186 -5104
Attention: Todd Galameau, Senior Vice President
With a copy to:
c/o The Stratford Company
5090 North 40 Street, Suite 260
Phoenix, Arizona 85018
Attn: Diane W. Belcher
8.12. nt a -t . This Agreement may be executed in more than one
counterpart, each of which shall be deemed to be original but all of
which, when taken together shall constitute but one instrument.
8.13. Miscellaneous. The above- referenced Recitals are true and correct
and are incorporated into the body of this Agreement by this
preference. This Agreement supersedes and replaces in its entirety
that certai
■ r
i
# t
S
�s •
SIGNATURE PAGE
AMENDED AND RESTATED IN'T'ERIM ESIL" ATION AND MAINTENANCE
G REEMEN ' WITH SLF IV/MCM ► I N M I LLEN I A JV, LLC, FOR TH
EASTERN URBAN CENTER (MILLENIA)
IN WITNESS WHEREOF, the parties have executed this Agreement t e
cKeefive as of the 1b day of.... eS4LMbor 2012, (the "Effective W.
CO N f
SLY WMeMillin Mille la JV, LLC
a Delaware awar Limited to Liability Company
By: The Corky McMillin Deal Estate Group, LL
a Delaware Limited Liability Company
Its Managing Member
By:
Its:
By:
Its.
vr7o
CITV OF CHULA VISTA
By.
r
Cheryl Cox, aye
ATTEST:
ST:
/1'
By: Ali C>�"
Donna N rr , City Clerk
(Notary io attach acbiow-ledgement.for each signature)
(CorporateAuthority reqw*redjbr each signalorj)
l -xiit A* Legal Description of to Property
xlil It B: Condition Now 'I "entati c: Map lirom CCV Resolution No. 2009 -225
lax rl it : Inspection, Operation, and Maint nance Man 10MP
Exhibit : Security Requirements
JAE, �inceAlANDDI -N "rojcct Nl msturn Urban Cent rk1�� ns- +�radin0111 11191: l 113 -A ►umd d Mainz
AucnictiiIl stAm�:ndiiitcriml)c, ilt aint- N IIONI 10 -104 2,doc
_
J :\Atl mcyi -# 1Ec;tAmendcdl iliA 3 tN01IONt) -I 1.13.21-FINAL
X
2015 -11 -17 Regular. Meeting Agenda Packet µ - . ...,� _.. __ n Page 101
CALIFORNIA ALL PURPOSE
CERTMCATE OF ACKNOWLEDGMENT 8980
STATE CALIFORNIA
COUNTY OF SAN DIEGO
On . 2,. M. uto I tam Publ e� personally appeared Todd Ga larnea
� November �� i•� � � 1 511 IM5515 �5 FF.4�FMr
and Dori Mitchel, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/acre subscribed to the within 'instrument and acknowledged to rye that h /they executed the
same in 1.6. i S Ah er/their authorized apacity ies , and that by his/Ahe. lr 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 Mate of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
pl
Signature
of 2032
2015 -11 -17 Regular Meeting Agenda Packet
ANN K FUTO
CommIssion # 1832730
.� Notary Public - California Z
San Diego Count ,V&
• . r
M Comm. Expires plan , 2013 .. .. ...
Page 102
Legal Description
aE propeny in the City orChula Vista. County of San Diego, State orCallibmia. described as 1 11ow :
PA Vii: (643-060-18-0)
PARCEL 3 E* PARCEL MAP . 18481. I T14E� CITY F" CHULA 1�IS'�'. COUNTY I} SAID
DIE-GO. . STATE OF CALIFORNIA, FILED IN TMC OFFICES OF TME COUNTY RECORDER E:
SAN DIEGO COUNTY, MAY 31, 2000 AS INSTRUMENT N . 2000-283684 OF OFFICIAL
RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED SCRI i IN THAT CERTAIN IRE ABLE.1 E'I•E:R
OF DEDICATION OF FEES INTEREST REC RI MAY 22,2003 AS ENSTRUME NT NO, 003 -
0604602 AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE I.1.1,'OR E'
DEDICATION ATIO E* rEE INTEREST RECORDED MAY 22, 2003 AS INSTRUMI:gr NO. 003 -
0604603 A C C 1 ' I 'm 'nic STATE DE• CALIFORNIA 13Y.GRANT DEED RECORDED
MAY r 2003 AS INSTRUMENT . 2003 - 0604607 ALL OF OF-FI IAL RECORDS 01• SAID!
DIE-GO COUNTY. CALIFORNIA.
A CEI, 8: PN. 643-060-24)
THAT PORTION OF LAND CONVEYED TO THE STATE OF CALIFORNIA REC RE I'D ON MAY
227, 2003 AS INSTRUMENT NO. 2003-0604607 LYING AS'I`E RL AND NO TN ASTE.RLY 01'
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A " ]RON PIPE; WITH DISC STAMPED "R, .E. 22606" MARKING THE
NORTHEAST RI EAR OF Lur 23 OF RANCHO TA , AS SHOWN ON RECORD OF S1 RVE. Y
NO. 16504, RE-CORDED MARCH 9TH, 20001 IN THE OFFICE F THE COUNTY RECORDER E•
SAN DIEGO COUNTY, SAID PIPES BEARING NORTH 71057'57" EAST 2640,41 FEE *r FROM A "
IRON PIPE: WITH DISC STAMPED "L.S. 5284" MARKING I *rHE S THwEs"E' CORNER 0IF LOT
10 OF MAP NO, 14432, RECORDED AUGUST 30TH H4v 20022 IN Tfl OFFICE OF SAID COUNTY
NT
RECORDER; THENCE ALONG THE NORTHERLY E RLY LI F SAID LOT 23 SOUTH TI' ?I °57$5 "
WEST 22.30 EDIT TO THE TRUE POINT OF BEGINNING; THENCE N 1 +1'I•I 63124'16" WEST'
138.24 FEET TO THE BEGINNING OF A 550 -03 FOOT RADIUS CURVE O C VI.:
NORTHEASTERLY; THE C6 NORTHWESTERLY ALONG SAID CURVE 1TIROUGH A
CENTRAL L ANGLE F 22'039'08"' A DISTANCE OF 217.46 FEET ET T THE BEGINNING A NOW
TANGENT 433.15 FOOT RADIUS CURVE O CAV NORTHEASTERLY, A RADIAL E E:ARIi
TO SAID POINT BEARS SOUTH 44 °1553`} WEST; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLES OF 02000'16" A DISTANCE E• 15.15 IiE.E..i', 'I'I II "i E21
ONJANG N'r TO SAID CURVE NORTH 0 °45" '* WEST" 30.31 FI -I:T TO THE #' 131:'G ( 1 11 CAE'
, A I - 'E'ANG T 320.41 '' RADIUS CURVE CONCAVE I R11EAS1 Y. A RADIAL
IAL
BEARING TO SAID POINT BEARS SOUTH 46'22'51" wizs'E', '1'E-w.,NC E I I "1'11 IAST176 R I,Y
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0904.E 4 A I ES'rA CE: I. 54,41
m:,34 :`r w ',rF1 BEGINNING OP A 3606.39 F00T* RADIUS CURVE, CONCAVE,
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVr 111ROI. GH A
BEGINNING A CENTRAL ANGLE P 02"30'08" A IS'EA C DP 157.51 IST 'E Ir
1913.84 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE CL 1 RT1 EW1. STIARLY
ALONG SAID CURVE THROUGH A cEN,rRAL ANGLE OF 05"38'03" A DISTANCE 1. 18H.19
2015 -11 -17 Regular Meeting Agenda Packet Page 103
FEET T THE BEGINNING A .0 FOOT RADIUS U CONCAVE
NORTHEASTERLY; TH E NORTHWESTERLY L SAID R V
"ITIROUGH
CENTRAL AL ANGL F 01 °24'52 "# A DISTANCE OF 172.745 FEET T B13.01 NINE OF A
NON-TANGENT 3624.21 FOOT RADIUS CURVE CONCAVE 1``+I R'I HEAST2 :1 LY. A 1 ADIA1,
LINE 'ro SAID BEGINNING BEARS SOUTH 6502701" ESrr; 'rHENCE 1 R'1'1.1WEST1. -RL *
ALONG SAID CURVE THROUGH CENTRAL ANGLE 31# 03 "14'26" A { IS'I'ANC13 01"' 204,98
FEET- THENCE RT 1018'33" WEST 204.1 FEET; THENCE
NORTH I * 9'0 " WE -ST /8}
3.5
FEET T THE BEGINNING INNIN F A 1407.94 FOOT DI CURVE NC j VE'k ASTI'.■ '} LY:
THENCE NORTHERLY Y AL SAID CURVE THROU0H A CI.N`I'RAL ANGLE OF 08037148" A
DISTANCE OF 21 2.07 FEET; THENCE NORTH 0 *37'59" WEST 232.59 FIT T T1.1 110191'01-"
'I"ERM I US, THENCE NORTH 09"] 115" WEST 169.93 FEET, THENCE RTH 0 *22'34" WEST
56,24 FEET; THENCE NORTH 09"10'03" WEST 77.41 FEET TO THE BEGINNING OF A 137.?6
FOOT RADIUS CURIE CONCAVE EASTERLY; THENCE NORnmERLY ALONG SAID CURV17.
THROUGH G A CENTRAL. ANGLE OF 13032'35" A DISTANCE OF 32.44 F ET; THENCE NORTH
0402212" AST 131.80 FEE'1' TO THE BEGINNING OF A 294.84 FOOD' RADIUS I S G R I,
CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A GI;I 'I'I A1.
ANGLE Off* 14'016'08" A DISTANCE OF 70,93 FEET TO THE BE-GINNING O1' A 121.88 FOOT
RADIUS REVERSE CURVE CONCAVE EASTERLY; `]'1'1ENCE NORTHERLY ALONG SAID
CURT., THROUGH G A CENTRAL ANGLE OF 19 *00'59" A DISTANCE OF 40-45 FEET; '1'I.1E1 GI,
NORTH 09007'23" EAST 160.03 FEET TO THE BEGINNING OF A 911.54 F001" RADIUS CURVE
CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID C R I� THRGUG11
A CENTRAL ANGLE OF I4 "39'39" A DISTANCE OF 233425 FEET TO THE BEGINNING 01` A
2155.33 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 'I`1•IENGE I R'1`HEASTF -41 LY
ALONG SAID CURVE THROUGH A CENTRAL TRAL A iGLE OF 04035'30" A r IS'1 "A CE 01.4 172.7,E
FEET; .mc-No. NORTH 28'22'31 * EAST 1 20.32 FEET; THENC E Nowrm 2 *32'21 "° EAST 169o27
1'm;or *r THE BEGINNING F A 593.50
' AFOOT RADIUS CURVE CONCAVE WE.S'1r
'I-w.NCE RT14 RLY ALL SAID CURVE THROUGH A CENTRAI., ANGLE OF 33033'34" ,
A
INSTANCE OF 347.62 FEET TO THE BEGINNING OF A 1202.42 1.091' RADIUS CURVE.
CONCAVE WESTERLY; THENCE NORTHERLY A1. 1 C SAID CURVE THROUGH is 1:.I '1'RAl.
ANGLE F I}7 *09'41" A DISTANCE OF 157.79 FEET TO "1'H1; BEGI N(NG Or A 316.88 l,'00'1*
RADIUS REVERSE CURVE NCAVE SOUTHEASTERLY; THENCE N R'I'I•Ir;AS'J'1:1 1.
ALONG SAID CURVE THROUGH A CENTRAL ANGLE F 90'D39138"' A DIS`1'A CE 01' 51.35
FEET; THENCE ND *TANGENT TO SAID CURVE NORTH- 08° 18'56' ES"11 45.88 1.1.0
THENCE ALONG A RADIAL B EARI ]G NORTH 090 0'13" WEST 65.00 FEIr:T TO A POINT ON A
3700.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY. SAID POINT nE, ING ON '1'11F
SOUTH ERLY LI F LA ND D ESCR I B E D AS PARCEL. 32019 -1 CON V EY E TO TH E S'1'ATHi or
CALIFORNIA RECORDED ON MAY 22, 2003 AS INSTRUMENT ISO. 2003 - 0504607, 'I'1IEI 1.
NORTHEASTERLY ALONG SAID CURVE AND SAID STATE LAND THROUG H A CI..i TRAI,
ANGLE OF 03 °48'57 " A D1S`i'AI CE OF 245.42 FEET TO THE SGUTHERL Y T ERM I N US OF `111 AT
CERTA IN CO URS F, IN SAID STATE LAND B EARI NG NORTH 0402 PI " WEST 95.9 2 r' El" :41%
THE ABOVE DESCRIBED LAND WAS CONVEYED TO MCMILLIN OTAY RANCH, LI.C.
DELAWARE LIMITED LIABILITY COMPANY IN GRANS' DEED RECORDED AUG ST 5..010
AS INSTRUMENT NO. 2010 *0403982 OF OFFICIAL RECORDS.
FARCE. 0 ( F : 643- 060 -2
THAT PORTION OF LAND CONVEYED TO THE STATE OF CALIFORNIA RECORDED Ali
22. 2003 +4AS 1NSrCR MENT . 2003-0604607 LYING 1.AS'rE. -RL OF THE I•OLLOi I '
DESCRIBED LINE:
2015 -11 -17 Regular Meeting Agenda Packet Page 104
fy y 11 * • a ; 8983
COMMENCING AT A ER1 I1I��. 11TI�1 � STAMPED 20 1I�1R1'�� � 1 Il.
NORTHEAST CORNER OF LOT 23 OF RANCHO OTAY, AS S 14OWN ON RE-CORD 01• I r.;
NO, 16504, RECORDED MARCH 9TH, 2000, IN THE OFFICE. OF THE COUN-rY RrC0111)1.11 Or
SAN DI EG 0 COUNT', SAID FIFE BEARING NO RT14 7"1057"57" EAST 2640.41 Fib "r r. itoM A 211
IRON PIPE WITH DISC STAMPED 1.3, $284" MARKING THE SOUTHWEST C RNEM Or 1.0614
10 OF MAP NO. 14432, RECORDED AUGUST 30TH, 2002. IN THE OFFICE. 1f SAID COUNTY
RECORDER; THENCE ALONG THE NORTHERLY DINE 1• SAID LOT 23 SOUTH 71 037'57"
WEST 22.30 FEET; THENCE NORTH 3 °2416" WEST 138.24 FEIN` TO THE 131 CI NING Or A
550.03 FOOT RADIUS CURVE C 1 CAV RTH ASTERLY; THENCE N011wriiwriserERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2 °39'08" A DISTANCE OF 217.46
FEET TO THE BECl1N1 Ci OF A NON-TANGENT 433,15 FOOT RADIUS CURVE C CAVE- RTH AST RLY, A RADIAL BEARING TO SAID POINT BEARS sou" m 401S'53" WEST*:
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 1;
02 "0016" A DISTANCE OF 15,15 FEET; THENCE NONJANGENT TO SAID CI.. RVI R -1.11
60045'28" WEST 30.31 FEE'S' TO THE BEGINNING OF A NON-TANGENT 3 20.41 F0011 RADIUS
CURVE CONCAVE CAVE RTH ASTERLY, A RADIAL. BEARING TO SAID Powr BEARS SOU-1-11
46°22'51" VEST, THE NCE NORTH W ESTER LY ALONG SA I D CU RV L `I HR UG H A C1.fNTRA1.
ANGLE OF 0904346'° A DISTANCE OF 54 +41 FEET T 3 'C1 " iE BEGINNING 01" A 3606.39 FOX
RADIUS CURVE CONCAVE NORTHEASTERLY- THE C RT1. W S'1'EI LY AL I C SAID
CURVE THROUGH A CENTRAL A GL E' 0230'08" A Di 'rA CE, OF 157,51 1,I *E.1 TO TI.11.
BEGINNING F A 1913.84 FOOT RADIUS CURVE CONCAVI. 1�CRTHI..ASTE.RLY; '1'III,I C1{
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 115 *38'03" A
DISTANCE CE F 118.19 FEET TO THE BEGINNING OF A 6998.01 FOOT RADIUS CURVE.
CONCAVE NORTHEASTERLY; T14ENCE NORTHWESTERLY ALONG SAID CURVE THROUGH
A C ENTRAL ANGLE OF 01024'52" A DISTANCE OF 172.745 FEET T '1'HI: BEGINNING OF, A
NON-TANGENT 3624.21 FOOT RADIOS CURVE CONCAVE 1 THI ASTERLY. A RADIAL
LINE TO SAID BEGINNING BEARS SOUTH 65`27'01" WEST, THENCE N R'i'H IIt +1 R IA
ALONG SAID CURVE THROUGH A CENTRAL. ANGLE CF 03 "14'26° A DISTANCE., CE., 1i 204.98
1• EE.T, THENCE NORTH 21018'33n WEST 204.19 FEET; THENCE I CRTM 17 °29'08" ill fST -83.50
FEET TO THE BEGINNING OF A 1407.94 FOOT RADIUS CURVE CONCAVE EASTERLY.
THENCE NORTHERLY A N SAID U 'r ROUGH A CENTRAL A IA,. OF, 081,37"48% A
DISTANCE OF 212 +07 FEET; T14ENCE NORTH 08 037'59" W S,r 232.59 FEET., 3 HEI CE, NORTH
09'11 11S" WEST 1 69.93 FEET; THENCE NORTH 08022'34" WEST 56.24 10EElf-l"HENC11 I CRT11
09010'03" WEST 77,41 FEET TO THE BEGINNING OF A 1-374,26 FOOT RADIUS CL. RVI-.
CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CEINTRAC.
ANGLE OF 13 "3235" A DISTANCE OF 32.44 FEET; THENCE NORTH 04022'32" 1'AS +I' 131,80
FEET TO THE BEGINNfNG OF A 284,84 FOOT RADIUS IUS CURVE CONCAVE WESTE RI,Y;
I'I-I1 »I CE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14"16.08"A
DISTANCES OF 70.93 FEET T ' l! ' rl!E BEGINNING OF A 121.88 FOOT RADIUS REVERSE CURVE
CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE.. THROUGH A CENTRAL
ANGLE OF I9 °00'59" A DISTANCE F 40645 FEET; THENCE NORTH *07' 3" E:AS'I' 160 +03
FE T TO TIDE BBG INN ING OF A 911.54 FOOT RADIUS CU RV IB C NCAVE SOUTH EA S I EMLY,
THENCE NORTHEASTERLY ALONG SAID CURVE T14ROUGI -I A CENTRAL ANGLE OF
14°39'39°' A DISTANCE C F 233.25 FEET TO THE BEGINNING F A 2155.33 F091` RADIUS
CURVE CONCAVE SOUTHEASTERLY; ASTERLY; T14E NC RTHEASTERLY ALONG SA II CI..II 111,
THROUGH A CENTRAL ANGLE OF 04035'30" A DISTANCE F 172.73 rj1 ro I *, `i -w-N ,. 1 arn i
°22'31*' EAST 120.32 FEET} THENCE RTH *32'21" EAS'1~ 169.27 FEET 'I' ' 11F. T U1
POINT OF BEGINNING, SAID POINT BEING THE BEGINNING Or, A 593.50 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE NORTHERLY A LONG SAID CUR V11 11 T)1ROUG E A
CENTRAL ANGLE OF 33033'34" A DISTANCE OF .347662 FRET TO THE BE: I1` NING OF A
1262.42 FOOT RADIUS CURVE CONCAVE CAVE EST RLY; THENCE NORTHERLY ALONG SAID
2015 -11 -17 Regular Meeting Agenda Packet .. Page 10a..
• . ,.... 8984
CURVE T1 R H A CENTRAL ANGLE 0 *0 F 1" Did rAN F 157.79 m7.,i#1 it `I IE
l II ING A 36.88 T RADIUS REVERSE CURVE CONCAVE S TI TI. S '�.���t ,
THENCE NORTHEASTERLY ALONG SAID CURVE THROU I.1 A CENTRAL ANGLE OF
90039'38" DISTANCE ��M" OF $8.35 FEET; T1 ON-T NGENI T 1' • I CURVE NORTH
�
08018'56" �+k� ST 45.88 FEET- THENCE G/y'.y(A DIAL BEARING NORTH 08010'13" S '
65,00 FEET T A POINT ON A 3700.00 FOOT RADIUS CURVE CONCAVE vn- A 'rERL .
SAID POINT BEING THE POINT TERMINUS AID BEING ON THE SOUTHERLY LIE OF
LAND DESCRIBED AS PARCEL. 32019 -1 CONVEYED T THE STATE F CALIFORNIA
RECORDED `+,1 , 2003 INSTRUMENT . 2003 - 0604607, THENCE
NORTHEASTERLY ALONG SAID CURVE AND SAID STATE LAN *rl-I I-I A E fiTRAI�
ANGLE. OF 03'048'57" A DISTANCE 246.42 FEET TO THE SOUTHERLY TERMINUS I• '1'111,1'
ER rAI N COURSE I N SAID STATE LAN D B EA l I NG N ORTH 0421 #16x: WEST 95.92 FEED.
THE ABOVE DESCRIBED AT WAS CONVEYED TO M ILLIN 'rA RANCH. [,[,C.
DELAWARE LIMITED LIABILITY COMPANY, IN GRANT DEED i• 131 AUGUST 6.2010
S INSTRUMENT SID. 2010-0403982 OF OFFICIAL RECORDS.
S.
2015 -11 -17 Regular Meeting Agenda Packet Page 106
C1RADNG AND DRA.LNAGIC EX V4 I 8 17 tlbli
52. Prior to approval of each grad'mg permit for the project, Applicant shall: 8985
a. Prepare a ,ai nt an" proms of all the proposed drainage and water quality
tatmnt Facilities, the c1annel or basin, eluding but not meted to naturalized
chamels down stream of the project, wetlands restoration areas, detention baste,
and wader quality treatment Facilities. The maintenancfx proms shall ode,
but not be limited to: a manual desciibing the operation and maintenance of the
drainage aad water quality treatment facilities; an estimate off'the cost of such
operation and maintenance activities', and c a funding mcchanism and schedule
for dancing the maintenance programs. Said maintenance proms shall
subject to approval by the City EngLnecr. ne Applicant shall be responsible For
tam rag aH required approvals of the .maintenance program from all applicable
federal and state agencies.
Demonstrate compliance with Sermon 1803 of the California Building Code
CC.
c. Enter into are agreement With the City of Chula Vim wherein Applicant agrees
to:
Prole For the maintenance of all proposed drainage a nd water quality
treatment faciffifies at .ri uia le to the *project, and provide security,
satisfactory to the City Engineer, auamtee. g the performance of the
aforementioned maintenance and siltation removal obligations:. This
oblication my be transfer-red to another propeTty owner if approved by
the City. Treatment facilities includi but not kited to naturalized
drainage channels, wetlands restoration4, areas as allowed by the rc o r e
agencies'. detention basins; and water quality treatment facilities shall be
maintained by the Applicant until occurrence of t e latter of the following:
(a) maiatenance of soh faoilffies is assumed by the City, open space
dirt ct or Master Homeowner's Association, or; (b) the City deterrrdnes
all erosion protection plantings are adequately established.
Y # Ik # Y
.` • i. �4 r a ! r r w. r as w ,-
& M rt * m # V
M# r y0 ♦ M f
� yF w r
rs rE r
7F
� r •
!
w
r � r
Y # # AF
#
!
ip - o # r
dr
W11Y
97Z%
r r IIF Y*F tN s w •
��# # r
Al wt M a4 a ay A
aM r* M WyR •k wrt w
rt whlF M 'r #
7 # i 4M M '4
M M A iF A #
# M rY*
olp
2015 -11 -17 Regular Meeting Agenda Packet Page 107
8986
)II) Provide for the removal of any siltation resulting from all proposed
dmin.e and water quality treatment faiie, M'cluding but not IU*W'ted to
the namralized drainage camel, wetlands restoration areas as allowed by
the resource agencies, detention basins, water quality treatment
facilities, attri utab to the Pmjea, for a un period of five yeaTs
der maintenance facility is ame ted by the City OT an p o is
Maintenance District
i Applicant # shall provide secmity, satisfactory to the City Engineer,
to i" the performance of the afor ment o .c�d mai to ame and
Ammon =mo-val obligafions.
2015 -11 -17 Regular Meeting Agenda Packet Page 108
Ri -
EXI30IT °`C„
SEDDRNT BASIN OPERATION AND
IYIAIN'fENANCE PLAN
PHASE 1 OF MILLENIA
JULY 25, 2012
Prepared For:
SLF V McMillin Milleria JV, LLC
P.O. Box 85104
San Diego, CA 92186-5104
Prepared
701 S Sum Sulla
rV P r '�` DESIGN CONSULTANTS Sanwa *, A 2101
519.235.6471 'tai
Planning I Landscape Architecture I Engineering I Survey 8182.0349 Fax
vv. 3356.0
QgpF Essla�
1'
UP. 12-31-12
J
�ZeD{ GA4A' d�
Debby Ree e, E RCE 561
Registration Expires 12/31/12
2015 -11 -17 Regular Meeting Agenda ace Page"! 09
# �f
•
Y • 8988
FABLE OF CONTENTS
L R4TRODUCTION AND DESCRIPTION...... ... b ..* . . . . . . . . . . . . . r I
�,..• OVERVIEW BASINS...,.,. .... ................#. r #...r ... ...... *.�rawrtwraa►ra3sYrrr * *rr *++r
.J * MAINTENANCE GR.M ......•* ai ..................................... ...... r. + .....................4••r. #t *i
{# CONCLUSIONS ............ .... r..........r► irt ........ .........r........r #........... r► w# F. r# a.* .t }� #.f.i }fi. ► *f� +T #.4f.f.i}.ftt
FIGURES
Figur' i1 • Project Vicinity Map
e #. ♦ y.t. t..,.* wrt.}.*. r* ryrr • rtrt+*.. rr....... r..... fr... r# r. ..f...e.4r.r.trari...•
APPENDICES
Mass Grading Flans
2. Operafion and Maintenance Procedures & Checklists
Racket _-Page 110
*NMI
11 INTRODUCTION AND SH I N
'his operations and Maintenance &M manual was prepared as a maintenance guide for the
proposed temporary sediment basin F or the first phase of the Millenia projea The project was
formerly known as the Eastern Urban Center (EUQ development and 'is located east of -125,
south of it h Road, and west of Eastlake a Parkway in tho City of Chula Vista, Caffbmia.
0
a
f WEEiWAiER
ESERVOIR
� UPPER OTAY �
Q
RESERVOIR
MEXICO
Figure I.- Project Vi arzft� Map
Phase I of the Milleniak project consists of constructing a portion of the overall Mill nia project
per the mass grading operation shown on City of Chula 'Vista Drawing 10044, as modified by
Construction Change 'B'. Co t - action Change "B" is the eo strnedon change that was
processed with the City for thr, Phasa I grading). The Phase I project includes the grading of
N3365JUNG F ORTW xiu O&M ht al•P i= INMUASW.ONVM.3cLA$ac
1
2015 -11 -17 Regular Meeting Agenda Packet Page 111 ,�_
P Ue
sheets and sheet mdod pads, and construction or the back -borne slur drain systcc ror I #
final
� .. ?. ; 4. , _ , , . , and H. an a portion; f Final Ma lot 1. (Note that thy: Viral
Map sows di f1`crent lot number; ror sc�inc or (lie pads com arcd to the original let ntu bcrs. per
dic VT1 ). Futurc phascs will develop the balance of the Millcnia property.
*, OVERVIEW OF BASIN
This report su orls (lie mainicnanec requircmenis f`or lbe proposed temporary scdir cnt basins
1 r the Phase 1 condition. The proposed temporary sediment basins will be gmdcd as ,art orthe
Phase ) �r~adin� and will be temporary in nature to serve Lhc interim conditions prior to l'''ull
Pr 'cc( build out. F efer it) Appendix 1 for an exhibit showing the location of ilia tcin orary
sediment basins. The three types or basims included in ibis 0& M manual i ncl ude thc: 161lowing:
1 `1'cmpur•ary destifino bzdns to capfurc see -Unent From proposed building pad areas. `hesc
inch de asins �1 _ T ,. . �- , -1, -1, 5 -1, -1 -1, 1 -1. 1.1 -1, and �-1 . The basin (in
each rxras~s- graded lot will be privately ninintained. When any or ffic mass - ;traded pads are
devc1opcd with futurc development, the temporary des-iltin basin(s) can Elul lot will be remov d
because the basins) will no longer be necessary.
21 Previously constructed temparary de, 1fing basin to rumain ror the Phasc l condition_ (Basin
1 -1 Is the main existing basin Owt will rcnx in to accommodate the Phase l condition and it I
located northwest of tlrc f~ tore A Street / future Bob Pletcher Wa ' inic rsection ). This basin Was
previously built per Dmwin 0-3)070-10 and will be recon i ured to remain ror the Phase 1
condition. 1lie basin will be privately main(alned until a 1161ure phase of Ific Milfcnia projcct
constructs Bob Fletcher Way and eompletcs flic fill grading for Lot I, At that link:. Basin 141
krill be rcroc.
3 Proposed temporary dclentioiWhydroniodiFicntion basin near Future Street M. nic M Strect
Basin is not a deslifinn basin but %vill funchon as a detention f"acilit � For the south - ent l basin.
The basics will dctain 0 -gear nows to the c n ou south of the intersection of C Street and 1 l
Sheet to less than pre- project conditions. 'ne basin will be a conrbincd
dele€ ion wdromodilication basin. The basin will be privatcly maintaincd until the lot
immediately northwcst ofC Streel 1 K4 Sircel inicrsection is developed.
2015 -11 -17 Regular Meeting Agenda Packet- - Page lL12 .
n addition to maiinleivance or tem porary banns, maintenancc ro r a serics or di tches that will be
used it) licip direct runoff to the basins is also included in this report. Temporary storin drain
eutfalls will also be privately t aintaincd.
3. MAINTENANCE PROGRAryl
tc rollowing section describes [lie malnten uce procc:du s for the sediment basin and diteb
tt1ait�tenance and other tc rar � facilities. It is understood that mai tcnance �vill required
until the responsibility for maintenance has been assumed by another owner of part or all of the
Properly or t ityleterres that the Temporary Private l= acil #ie are no longer needed
because they have been superseded by new private: Dr public facillltics approved by the City
Cn ineer. Tbc desilinated responsible party listed Wog shall be solely responsible ['Or the
maintenance and operation or the sediment basins and any liability resulting there from.
esi natcd l :s o :t ble Party: SLR;
l IV McMillin l illcnia JV, LL C, A'N`N: Todd Galameatt
Inspection Fre0 a y: 'ltc basins should be inspected prior to a 40% or catur probability or
reci litalion, at 1.4 lour intervals du ngy extended rain events and alter the conclusion or rite
events reat r than 0.5-inches ot` rainfall or greater during normal business hours defined as
Monday through Friday From 7:00 a.m. to .3 %30 p.m. At a niininium. basins should be inspected
at least iwicc per year, *nic inspection checklist in Appendix ? should be used to document the
items inspected. The most important item to inspect is the.:., outlet structure to ensure it is
unobstnictedt
Maintenance Activities: Sep: Wow. Refer to maintenance checklists in Appendix 1 for
maintenance task- descri tiolls.
Sediment Basins:
0 E amine basin banks for s epa�c and structural soundness
0 heck outlet structures and spillways 1br nny dat Mtge or obstructions. Repair air d► talk
and removc obstructions as needed.
0 heel: inlet and out Ict area for erosion and stabitize I f required.
Rcmovc accumulated s dinient in the bottom of the basin xyhen sediment reaches one
hal F tlio esil"nated sediment storage volume. The sedirnent should be managed properly
and phiced t rclud: rosin or disoscd of accordingly. Oplions include:
incorporating scdiment into cartliwork on the site; or cif-sitc export/disposal at an
___
401 us a
2015-11-IZRagular. l�Ept'�g F? :P t- Page 113-
s • �
appropriate location scd1mcn1 characterization and disposal to an approprialu
landfill).
if basin has not drained within 96 hours after accumulalion, remove standino water.
0
D lf'the basin does not drain properly due to storms that are inure frequent or largmr than the
d es i gn storm or othcr unforescen site conditions, deg aterin should be conducted in
uecordancc with appropriate dewalenincr procedures,
a Remove excossivc emergent and pc6nictcr vcgct do as needed or iL advised by local or
state vcctor control agencies.
Q Inspcet and maintain chain link fencc as required to prccludc entranec to the rcn cd
basins.
oncrcic or Earthen Ditches:
Q Rciriovc silt, vean I con and debris s m all ditchcs as r cec ,nary to air tai desillro
capacity of the ditccs.
a Inspcct outict locations into the sWiment basins to check ror undenninin and/or
headcutting. Repair and/or regradc as necessary.
14cin or~. Storm Drain ulfalls:
a l c to c silt, vegetation, and dcbris rrom all outfalls as accessary to maintain an
unobstructed outlet.
lcpair acid /or replace Tipp as neec:ssary.
NTCnImIgEy �laww r k. wi .yaam y � .wa. 1C:
The master dcv loper (S Ll l V 1 McM Ellin MiIlenia .1 V, LLQ will construct a lernporary
parkway Swale behind the proposed curer and gutter. Ti raina c within each temporary
parkway Swale will be collected in a private lempornry drain and discharged into the
public storm drain sys1cm. Future owners of the de elopzi lc: lots -will be re* on ible for
. removal of the tee urary parkway swalc and construction of the part -wa + improver ents.
includxn sidcwrail -s{ ` e purpose of the temporary park-way sw ale is to protect the
public bioretwition areas wilthin the streets from construction runo lfas the Iandsca inn can
the slopes ivels established.
Kaintenan a activilics include removal of sift and debris and vegetation manaDement oil
an ongoing basis. Temporary erosion and sedinicitt control deg #ices such as gravel bad
cheek 6ni will be rcpla cd as needed.
O l cpair anti /or re lmde as neccssar .
0 1nspec:t ror s 11 ns of bu rrow i ng anii :ils such as gophers.
#' ��l; t► x. �. 3: i�t;�'����1'sx�14�E3xs�+��t,��� aa�•11r,�� !ti #�#*► I�,�,li�.�i��•X'��ss+�1.,�,�
4
2015 -11 -17 Regular Meeting Agenda Packet Page 114
CONCLUSIONS
*ss
oullnc maintenonec and inspections are impartant to ensure proper perromiance of tllc
proposed se line t basins in die UUC. The Designalcd Responsible Pany small inspect the
Proposed basins at c minimum or twice per year. near the be innin and end of the wet season
glencrally circa September 1st and before May lst of c ch year). Retention of records of
inspections and r aintenancc activities is required by [lie Sinte Construction Gcncr l Permit.
Inspection zind maintenance checklisLs can be round in Appendix 2.
jP..3.m. :l Csit'3t#iS'1.r #V ib.6ii,,k �I%,Ia~A -M 1,c 1%,Lk,p I1ASIN•rW-VILx Uk%c
'i
2015 -11 -17 Regular Meeting - genda Packet Page 115.-_
APPENDIX l
Temporary Sediment Basin Exhibit
2015- 11 -17 Regwl a Agenda Packet - Page 116.-
2015 -11 -17 Regular Meeting Agenda Packet �R 4 �"�m�� Page 117
�S M
TRUE COPY CERTIFICATION
. ...............
.......... 1 ..........
t -
Gamt Code 27361.7)
San Diego
Place of Execution
I certify under penalty of perjury that this material is a true copy of the original
material contained in this document.
ROAD
taTZ AK6 p�-gkWAY
{date
Aec. Fare -1 (&11.03)
Signature of Declarant
Type or Print Name
2015 -11 -17 Regular Meeting Agenda Packet Page 118
r 0 a
*9m
NDIX
Operation and Maintenance Procedures & Checklists
2015 -11 -17 Regular Meeting Agenda Packet Page 119
LAW"
Checklist for Routffie Sediment Basin Maintenance:
-- ORIGINAL -- MA ICE COPWS. KEEP PAST REC01WS FOR REFERENCE
a
Inspection Date: 'dime:
Inspected y:
It= to hupect & Task Description
Condition oxn nl J or-recti a Ac on
'rash and Debris Removal
o ebris.
-Inspect for presuic d
a actor
- Inspect basin for presence of trash.
4nspect basin outlets and pipes for
u
Needs Attention
clogging roe any obstructioas.
a
Not Inspected
Erosion Repair
n
Sadsfactoxy
-Make sore there are no bare soil areas
that have eroded
- Inspect r1prap pad for damage and for
o
needs Anention
presence of tlr or sites of erosion.
o
Not Inspected
Standing Water
o
Satisfactory
-inspect for mosquitoes,
-Determine if any areas of asin do not
n
Nmds Attention
have positive drainage to outlet.
-Check for signs of standing water
Not Inspected
Sediment Management
- Inspect level of sediment
o
axisfactory
accur rula ortobasin with a tape.
measurer from the i
o
Needs Attention
-If major cleaning is required, schedule
maintenance.
I3
Not Inspected
Concrete/Earthen Ditch
o
SatisfacrGry
Maintenance
-Clean out sedxnwnt and debris from
ditches to maintain capacity.
o
Needs Attcndan
4py� ct outlets of ditches to sediment
basins,
E3
�lfy} �j
Not Inspected
Additional Comments.
2015 -11 -17 Regular Meeting Agenda Packet Page 120
899
EXHIBIT "ID"
SECURITY REQUIREMENTS
Maintenance Obligations per Section o Agreement.
��nent.
Cash deposit equivalent to one 1 year of
maintenance cost in the amount of
al a of 558,800.00 (Fib Eight Thousand Eight
Hundred Dollars and NO to be
submitted at least arty days before the
filing off'the City of Chula Visa Form 55 1
for Approval Commencement of Work
2015 -11 -17 Regular Meeting Agenda Packet
Page 121 —
2015 -11 -17 Regular Meeting Agenda Packet Page 122
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
MAINTENANCE AGREEMENT FOR INTERIM DRAINAGE
IMPROVEMENTS AND NPDES FACILITIES
FOR THE OTAY RANCH MILLENIA PHASE 2 (EUC)
2015 -11 -17 Regular Meeting Agenda Packet Page 123
RECORDING REQUESTED Y AND
WHEN RECORDED RETURN TO:
CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
276 FOUR'T'H AVENUE
CHULA VISTA, CA 91910
.hove Space for Recorder's Use
CCv File No, PG874
MAINTENANCE AGREEMENT FOR INTERIM DRAINAGE IMPROVEMENTS
AND NPDES FACILITIES
FOR THE OTAY RANCH MILLENIA PHASE 2 (EUC)
This Maintenance Agreement (Agreement) is made by and between SLF Iv- TILLIIA,
LLC (Company), and the City of Chula vista, a California Municipal Corporation (City),
with reference to the following facts:
RECITALS
A. Company owns approximately 118.6 acres of land known as the "Otay " toy Ranch
Millenia Phase 2" (the `Project" ) located at the intersection of Birch Road and
Eastlake Parkway. Millenia Phase 2 consists of Lots 10, 11, and 12 of Final Map No.
15942. The property which is the subject matter of This agreement is more particularly
described in Exhibit A. attached hereto and incorporated herein by this reference
(hereinafter referred to as the "Property ".
B, On September 15, 2009, the Chula vista City Council, pursuant to Resolution No.
2009 -223, and in accordance with the California Environmental Quality Act (CEQA)
(Pub. Resources Code Section 21000 et seq.), certified. the Final Second Tier
Environmental Impact Report for the Otay Ranch Eastern Urban Center Sectional
Planning Area (SPA) flan (Final EIR-07-01) and adopted the Findings of Fact,
Statement of Overriding Considerations, and Mitigation Monitoring and Reporting
Program.
C. On September 15, 2009 the City approved the SPA Plan including Planned
Community District Regulations /Design Plan (Form Based Code), Public Facilities
Finance Plan, Affordable Housing Program and other Regulatory Documents on 207
acres of land in the Eastern Urban Center portion of the Otay Ranch by Resolution
2009 -224.
Page 1 of 12
2015 -11 -17 Regular Meeting Agenda Packet Page 124
D. On September 15, 2009, the City approved a Tentative Subdivision Map for the
Project, known as the Otay Ranch Eastern Urban Center, Chula vista Tract No. PCS-
09 - 3 (the "Tentative Map"), by Resolution Number 2009 -225, in which Tentative
Map Conditions of Approval were required for the Proj
storm ter management facilities and other temporary pri
re vate drainage
improvements, d silting basins and erosion sedimentation control facilities proposed
for construction within the Project, as shown on Chula Vista Drawing No. 10 and
Drawing Number 10044 (Construction Changes "A" - "G" for the Phase I Mass
Grading Plans PG -799) as approved by the City Engineer, and as amended from time
to time.
1.2. "Complete Construction" shall mean that construction of Drainage
Improvements and NPIS Facilities have been completed to the satisfaction of the
City Engineer.
1.3. "Maintain" or "Maintenance" shall mean to furnish, or the Wishing of, services
and materials for the ordinary and usual maintenance required for the operation or
implementation of the NPIS Facilities as set forth in the latest city-approved IMP,
1.4. "Inspection, Operation, and Maintenance Plan" or " 1 I P" means a description
of the inspection, operation, and maintenance activities and schedules required to
ensure proper operation and effectiveness of the Drainage hnprovements and NPDES
Facilities, which 1MP is attached hereto as Exhibit C and incorporated herein by this
reference. The I MP shall be updated to the satisfaction of the City Engineer, if
construction changes are approved to the Chula Vista Drawing No. 15008 that
modifies the Drainage Improvements and NPDES Facilities.
1.5. "Grading plans" shall refer to the City of Chula Vista Mass Grading Plans for
Millenia Phase 2 (Eastern Urban Center) in the City of Chula vista., California Tract
To. 09-035 Drawing Number 1 5008, work Order Number PG-874. Grading Plans
can be amended from time to time by approval of the City Engineer.
1.6. " tay Ranch EUC Tentative Subdivision Map Conditions of Approval" shall
refer to the Tentative Map conditions approved by City Council with Resolution
2009225 .
2. This agreement hereby supersedes and replaces the interim Desiltation. and
Maintenance Agreement for the Mass Grading of the Eastern Urban Center
(Millenia), recorded November 2, 2011, as recorded document number 2011 - 0582265
and Amended and Restated Interim I esil t ation and Maintenance Agreement with
SLF Iry /McMillin Millenia JV, LLC for the Easter. Urban Center recorded ,nary
2, 2013, as recorded document number I -3 - 0053282.
3. Condition No. 52 of the otay Ranch EUC Tentative Subdivision Map Conditions
of Approval. In partial satisfaction of Condition No. 52 of the Otay Ranch EIC
Tentative Subdivision Map Conditions of Approval, Company agrees to the
following:
3.1 Construction. Company agrees to construct Drainage improvements and NPDES
Facilities, as sbo vn on the approved Grading flans for the Project and any
Page 3 of 1
2015 -11 -17 Regular Meeting Agenda Packet Page 126
subsequent grading plans for otay Ranch ilillenia Project approved by the City
Engineer. These Drainage Improvements and N D S Facilities shall comply
with all the provisions of the National Pollutant Discharge Elimination System
and the Clean Water Program. Company understands and agrees that Company
is responsible for obtaining all necessary permits, approvals, and certifications, if
any, from applicable federal or state agencies, including but not limited to
Caltrans, the California Department of Fish and Game and/or the US Anny
Corps of Engineers. City shall cooperate with Company as necessary to obtain
all such permits, approvals and certifications.
3.2 Maintenance. Company shall operate and maintain the Drainage Improvements
and NFDS Facilities in accordance with the latest city - approved III' until
such time as the City, or a maintenance entity approved by the City, accepts them
for maintenance, or they are replaced by permanent facilities
..,,.,...,,..,. 3.3 Fulfillment of Condition �o. � of the ota y ranch L� Tentative � bdivision
_
Map Conditions Approval. Condition No. 52 shall be considered fully
satisfied when the City Engineer makes the determination that the last grading
permit for the Project has been issued and a funding mechanism has been
identified and accepted by the City to perpetually maintain the Drainage
Improvements and NPD S Facilities for the Project; otherwise, the requirements
of Condition No. 52 shall he enforced for each grading permit for the Project.
Company shall maintain all the Drainage Improvements and NPD S Facilities
until such time the City Engineer releases Company of said -obligation with a
letter to the Company.
3.4 Securities. Company shall provide the City with maintenance securities, in
accordance with Paragraph 3 below, to guarantee Company's maintenance
obligation hereunder.
4. Security for Performance.
4.1 Cash Deposit. Pursuant to and in satisfaction of Condition No. 52 of the otay
Ranch ETC Tentative Subdivision Map Conditions of Approval, Company shall
provide the City with a cash deposit in the amount of Fifty Eight Thousand and
Eight Hundred dollars ($58,800) as more fully set forth in Exhibit D to guarantee
Company's maintenance obligations hereunder until the City accepts Drainage
Improvements and NPD S Facilities. ompa ly a novel dges and agrees that
the City may, in the sole discretion of the City Engineer expend said deposit
solely as necessary to guarantee the Maintenance obligations under Section 3.2
of this Agreement in the event of Company's default in the performance of said
Maintenance obligations. Should the City spend the deposit due to Company's
default of its perfon-nance obligations, Company agrees to redeposit the
equivalent sure of money needed to equal the required cash deposit, within 30
days of the City's request for such deposit. Any unexpended amount of the
deposit, including any interest earned, shall be released and remitted to Company
Page 4 of 1
2015 -11 -17 Regular Meeting Agenda Packet Page 127
upon the termination of its maintenance obligations as set forth in this
Agreement. The cash deposit may be reduced upon transfer of responsibility to
another party or upon replacement of temporary facilities with permanent
facilities as detennifned by the City Engineer.
4.2 Maintenance Bond. Company also agrees to the following:
a Bond. Prior to issuance of the Grading Permit for the Project, at the City
Engineer's, or designee's, request, Company shall provide the City with a
bond Maintenance Bond) for a series of five years starting from the
date of issuance of the grading permit in connection with the Grading
Plans, in order to guarantee performance of its maintenance obligations
under Section 3.2 of this Agreement in the amounts more fully set forth
in Exhibit D. The Maintenance Bond shall be in a form approved by the
City Attorney. The City Engineer, or designee, will review the securi
obligations. In addition, Company may request that another form of
equivalent security, such as a letter of credit, or cash, acceptable to the
City Engineer, be substituted for the Maintenance Bond described herein.
Company acknowledges and agrees that such substitution is in the sole
discretion of the City Engineer.
4.3 l uni p l Code Requirements. Company y understands and agrees that Company
shall be subject to all the provisions of the Ordinances, Standards, and Policies of
the City of Chula vista (including Section 14.20.3 10 of the Municipal Code), the
laws of the State of California, and federal law as applicable to said work as all
may be amended from time to time,
5. Future Approvals. Company acknowledges and agrees that the performance of
Company's obligations herein is required for the health and safety of the residents of
the City. Therefore, the Company agrees that the City shall have the absolute and
unfettered right to withhold the issuance of any grant of approval for the Property, if
the Company is determined by the City not to be in compliance with the terms of this
Agreement. If Company is determined by the City not to be in compliance with any
terra of this Agreement, the City shall notify Company of Company's non -
compliance and provide the Company with thirty (3 0) days to cure said non -
compliance. The Company shall not be in non. - compliance if, upon notification of
nova- compliance, Company starts immediately to work toward cure of said non -
compliance and diligently pursues, as determined by the City Engineer, a course of
action to achieve a cure within a reasonable time - frame.
6. Agreement Binding upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the Company as to any or all of
the Property until released by the City or terminated in accordance with the tens
hereof. However, City agrees to release individual properties from the obligations of
this Agreement upon completion of permanent facilities approved by the City as part
of a development plan for those individual properties or upon City approval of a
transfer of responsibility pursuant to sections 2.1 or 2.2 of the Agreement.
7. Agreement Running with the Land and in favor of City. The burden of the
covenants contained in this Agreement is for the benefit of the City, City is deemed
the beneficiary of such covenants running with the land without regard t 'whether
City has been., remained or are owners of any particular land or interest therein. If
such covenants are breached, the City shall ila the right, but not the obligation, to
exercise all rights and remedies and to maintain any action or suits at lair or in equity
or other proper- proceedings to enforce the curing of such breach to which it or any
other beneficiaries of this Agreement and covenants may be entitled.
8. Indemnification. Company further understands and agrees that City, as indenmitee,
or any officer or employee thereof, shall not be liable for any injury to person or
property occasioned by reason of the acts or omissions of Company, its agents or
employees, related to the construction of the Drainage Improvements and NP ES
Page 6 oft
2015 -11 -17 Regular Meeting Agenda Packet Page 129
Facilities and Company's maintenance activities. Company further agrees to protect
and hold the City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because of or arising out of
acts or omissions of Company, its agents or employees, related to the construction of
the Drainage hnp ovements and NPDES Facilities and Company's maintenance
activities. The approved improvement securities referred to above shall not be
deemed to limit the provisions of this paragraph. Such indemnification ication and agreement
to hold harmless shall extend to damages to adjacent or downstream properties as a
result of Company's construction and maintenance activities as provided herein. It
shall also extend to damages resulting from erosion or siltation, or modification of the
point of discharge as the result of the construction of the Drainage Improvements and
NPDES Facilities and maintenance and /oar siltation removal activities. The approval
of plans for the Drainage Improvements and NPDES Facilities and any related
improvements shall not constitute the assumption by City of any responsibility for
such damage or taking, nor shall City, by said approval, be an insurer or surety for the
construction of the Drainage Improvements and NPDES Facilities and any related
improvements. The provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and effect regardless of the
City's approval of t the Drainage Improvements and NPDES Facilities. However,
nothing in this paragraph shall apply to any liability or claims arising from the active
negligence or villf'al misconduct of City or its officers or employees.
9. Miscellaneous Provisions,
9.1 Entire. g ement. This Agreement, together with any other written document
referred to or contemplated herein., embody the entire agreement and
understanding between the parties relating to the subject ratter hereof and any
and all other prior or contemporaneous oral or Witten agreements are hereby
superseded. This Agreement may be amended, but only pursuant to a written
amendment properly authorized and executed by both parties hereto.
9.2 Cony lianee with Laws. In the performance of its obligations under this
Agreement, Company shall comply with any and all applicable federal, state and
local laws, regulations, policies, permits and approvals.
9.3 Recitals and Exhibits. All Recitals and attached Exhibits referred to herein are
hereby incorporated hereunder.
9.4 Tern. This Agreement shall remain in effect for so long as ' either party has
executory obligations hereunder.
9.5 Recording. The parties hereto shall cause this Agreement to be recorded in the
Office of the County Recorder of San Diego County.
9.6 Assignment. The obligations of the Company under this agreement shall not be
assigned in whole or in part without the express written consent of the City
Page 7 of
2015 -11 -17 Regular Meeting Agenda Packet Page 130
1
pursuant to Section 10.2i of the Development Agreement. City's consent shall
not be withheld if the assignment and delegation is to a Merchant Builder as
defined in the Development Agreement by private agreement and the Company
remains obligated to the City,
9.7 Authodly--of Signatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction
from its principal to eater into this Agreement, and that all resolutions and/or
other actions have been taken so as to enable it to enter into this Agreement.
9.8 Termination. Upon the termination of this Agreement pursuant to applicable
provisions hereof, at the request of Company or any successor in interest who
ovens any portion of the Project encumbered by this Agreement, the City will
execute an instrument in recordable fora prepared by Company in a Form
acceptable to the City Attorney which evidences the termination of this
Agreement and confirms the release of the Project or applicable portion thereof
from the encumbrance of this Agreement,
9.9 Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party
shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The ' prevailing party" shall
be deemed to be the party who is awarded substantially the relief sought.
9,1 o Preparation^ of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his /her attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting of this Agreement.
9.11 Noti
276 Fourth Avenue
Chula Vista., CA 91910
Attention; City Attorney
COMPANY:
SLF 1V -M11 LENLk, LLC
5949 Sherry Lane, Suite 1750
Dallas, TX 75225
And
Millenia. Real Estate Croup
Attn. Todd Gala,rneau
2750 Womble Road, Suite Zoo
San Diego, CA. 92186
9,12 Countm arts. This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be original but all of rhieh, when taken
together shall constitute but one instrument.
9.13 Miscellaneous. The above- referenced Recitals are true and correct and are
incorporated into the body of this Agreement by this reference.
End of page
(Next pages are signature pages)
Page 9 of 12
2015 -11 -17 Regular Meeting Agenda Packet Page 132
SIGNATURE PAGE I of
MAINTENANCE AGREEMENT FOR DRAINAGE IMPROVEMENTS
AND NPDES FACILITIES
FOR THE UTAY RANCH MILLENIA PHASE 2 (EUQ
N WITNESS WHEREOF, the parties have executed this Agreement to be effective eetive a
of the day of , 2 the "Effective Date").
COMPANY:
SLF W-MILL NIA, LLC
Delaware Limited Liability Company
Its Owner
Y: SLF IV MILLNIA INVESTOR, LLC
Texas Limited Liability Company
Its Sole and Managing Member
Y: Stratford Lard Fund IV, L. P.
Delaware Limited Partnership
Its Co- Managing Member
Y: Stratford Fund IV GP, LLC
Texas Limited Liability Company
Its General Partner
By: A��94� A�"I�f
'+
jr 6/ r
Its
(Notary to attach aclircowledgement fnr each signature)
(Corporate Authority required for each signatory)
Page 10 of
2015 -11 -17 Regular Meeting Agenda Packet Page 133
SIGNATURE PAGE Off`
MAINTENANCE AGREEMENT FOR DRAINAGE IMPROVEMENTS
AND NPDES FACILITIES
FOR THE OTAY RANCH MILLENIA PHASE 2 (FUC)
CITY of CHULA VISTA:
am
Mary Casillas Salas
Mayor
Glen R. Googis
City Attorney
ATTEST:
Donna Nom*s
City Clerk
J AAttome y\MichaeISMEUC\AgmntlDosAt gt- 015Naint A grvnnt4Ynteri DrainNME 4MllloniaFh - 11.14.1 -FIN AL.doc
Page 11 of
2015 -11 -17 Regular Meeting Agenda Packet Page 134
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the trueness,
accuracy or validity of that document.
STATE OF TEXAS )
)SS.
COUNTY OF DALLAS }
On k-fl � N 0 E re nee 5, Y J A 0 C, C V A �U Notary Public personally
appeared -- L (AJQUJA !.0 4 , who proved t me n the basis of satisfactory evidence
(personally known) to be the person(W whose name (K is /a -,subscribed to the within instrument
and acknowledged to nee that heshP,/-thPy executed the sane in hisher.the4 authorized
capacity i , and that by his h r thir signatureowon 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 Texas that the foregoing
paragraph is true and correct.
WITNESS nay hand and official seal.
P Susan C. Evans
USa Evans
0 etas- � Public,
ri = State of TeNa
Signature x 4 (Seal) . it S. 1 018
or-
2015 -11 -17 Regular Meeting Agenda Packet Page 135
Attachments.
Exhibit A: Legal Description of the Property
Exhibit : Condition No. 52 of the Otay Ranch EUC Tentative Subdivision Ma
Conditions of Approval
Exhibit C: Inspection, operation, and Maintenance Plan I MP titled "Sediment
Basin Operation and Maintenance Plan — Millenia Phase 2 (Eastern Urban
Center) Mass-Grading," dated August, 2015 and prepared by Project
Design Consultants
Exhibit : Security Requirements
J Engineer \LANDDEV\Proj ectsTastem Urban Center \PHA, S E 2\Grading\Maintenanc e Agreem ent.docx
'age 12 of 1
2015 -11 -17 Regular Meeting Agenda Packet Page 136
.. . .. . .. . .. . BIRCH
LfI
3
(T L013}
SILT NOT A PC
BASIN (T1f
ITm LOT 3)
�:. ARTISAN ST
NOT A
I DA LOT 51 PART ,
4 J ��F ..`.�...��. V NOT
f 7m LOT 61 1
'
PAST
.. `A
4 (TM LOT 1)
JfM LOT 7)
4�
X155 5{ APPOF L5}
} 'A
"! 1,.i15V Y +kip! 5Y
V��.
'1 kit. 'LN
(Thi LOT 161
DA LOT ( `
?, F 11 +Vol#
•5 i �� �5 #.
JX {,}
C
jTm LOT 281 �
TEMP. OUTFALL
T MPIORARY DESILTING BASIN KEY MAP
SCALE 1 }'= 500'
2015 -11 -17 Regular Meeting Agenda Packet Page 137
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0558, Item #: 4.
City of Chula Vista
Staff Report
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT
OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO.
09 -03 OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER) BETWEEN THE CITY
AND SLF IV- MILLENIA, LLC
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The proposed action would allow and obligate SLF - Millenia, LLC, owner of the Otay Ranch Millenia
Project, to perpetually maintain the landscaping, hardscape, and other facilities within the right -of-
way for the Phase 2 development.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project is adequately
covered in previous certified Final Second Tier Environmental Impact Report (EIR 07 -01) for Otay
Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Thus,
pursuant to the California Environmental Quality Act (CEQA), no additional environmental review is
required.
BOARD /COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Millenia Project, also known as the Eastern Urban Center (EUC), consists of approximately 207
acres of land located south of Birch Road and the Otay Ranch Town Center, just east of State Route
125.
On May 12, 2009, the owner of the Millenia Project, now SLF - Millenia, LLC (Developer), filed a duly
verified application for the subdivision of the project. As part of the Conditions of Approval set by
Resolution No. 2009 -225 for the Otay Ranch Eastern Urban Center Tentative Subdivision Map (CVT
09 -03), the Developer was required to enter into a Grant of Easements, License and Maintenance
Agreement with the City.
On September 23, 2013, the owner of the Millenia Project recorded Final Map No. 15942 that
subdivided the Project into 12 numbered and 13 lettered lots. Subsequently, on December 23, 2013,
City Council passed and adopted Resolution No. 2013 -247 approving a Grant of Easements, License
and Maintenance Agreement between the City and the Developer for Millenia Phase 1. Millenia
Phase 1 consists of Lots 1 through 9 and Lots "A" through "M" of Final Map No. 15942.
City of Chula Vista Page 1 of 3 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee�i38y LegistarT""
File #: 15 -0558, Item #: 4.
The purpose of tonight's action will be to pass and adopt a Resolution to approve a Grant of
Easements, License and Maintenance Agreement (Agreement) between the City and the Developer
for Millenia Phase 2(see Exhibit "A "). The Millenia Phase 2 consists of portions of Lots 10 through 11
of Final Map No. 15942.
The objective of this Agreement is for the City to grant the owner of the Millenia Project, its agents, or
successor in interest, an easement over and across public areas for SLF- Millenia, LLC to privately
maintain certain public improvements within Millenia Phase 2. Some of the privately maintained
improvements include, but are not limited to: bioretention basins, street trees, decorative lighting,
benches, bus stop shelters, and unit pavers. For a complete description of the private improvements
to be maintained, please see Exhibit "A."
DECISION -MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property - related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(x)(11), for purposes of the
Political Reform Act (Cal. Gov't Code §87100, et seq. ).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The adoption of this
Resolution approving the Agreement will address the following goals:
• Operational Excellence: Collaborate with residents and businesses to provide responsive and
responsible public service by implementing effective and efficient operations.
• Healthy Community: Protect resources and environmental health for both current residents
and future generations. Foster the health of our physical environment through balanced,
connected and sustainable land uses.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. The Developer will cover all costs and fees associated with
the Agreement.
ONGOING FISCAL IMPACT
There is no impact to the General Fund. All costs associated with the maintenance of the public
improvements within the project will be borne by the Developer.
ATTACHMENTS
Exhibit "A ": Grant of Easements, License and Maintenance Agreement
Staff Contact: Sandra Hernandez, Associate Engineer, Development Services Dept.
City of Chula Vista Page 2 of 3 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee�3y LegistarT""
File #: 15 -0558, Item #: 4.
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 3 of 3
Printed on 11/12/2015
�ageed4y LegistarT""
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS,
LICENSE AND MAINTENANCE AGREEMENT FOR CHULA
VISTA TRACT NO. 09 -03 OTAY RANCH MILLENIA PHASE
2 (EASTERN URBAN CENTER) BETWEEN THE CITY AND
SLF IV— MILLENIA, LLC
WHEREAS, the Millenia Project, also known as the Eastern Urban Center (EUC),
consists of approximately 207 acres of land located south of Birch Road and the Otay Ranch
Town Center, just east of State Route 125 (the "Prof ect "); and
WHEREAS, on May 12, 2009, the owner of the Millenia Project, now SLF — Millenia,
LLC (Developer), filed a duly verified application for the subdivision of the Project. As part of
the Conditions of Approval set by Resolution No. 2009 -225 for the Otay Ranch Eastern Urban
Center Tentative Subdivision Map (CVT 09 -03), the Developer was required to enter into a
Grant of Easements, License and Maintenance Agreement with the City; and
WHEREAS, on September 23, 2013, the owner of the Project recorded Final Map No,
15942 that subdivided the Project into 12 numbered and 13 lettered lots. Subsequently, on
December 23, 20131 City Council passed and adopted Resolution No. 2013 -247 approving a
Grant of Easements, License and Maintenance Agreement between the City and the Developer
for Millenia Phase 1. Millenia Phase 1 consists of Lots 1 through 9 and Lots "A" through "M"
of Final Map No. 15942; and
WHEREAS, Developer will subdivide portions of Lots 10 through 11 of Final Map No.
15942, also known as Millenia Phase 2, and is required to enter into a Grant of Easements,
License and Maintenance Agreement that will allow and obligate Developer to perpetually
maintain the landscaping, hardscape, and other facilities within the right -of -way for Millenia
Phase 2; and
WHEREAS, the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has determined that the proposed
Project is adequately covered in previous certified Final Second Tier Environmental Impact
Report (EIR 07 -01) for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA)
Plan and Tentative Map. Thus, pursuant to the California Environmental Quality Act, no
additional environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the Grant of Easements, License and Maintenance Agreement for
Chula Vista Tract No. 09 -03 Otay Ranch Millenia Phase 2 (Eastern Urban Center), between the
City and SLF IV— Millenia, LLC, in the form presented, with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk, and authorizes and directs the Mayor to execute the same.
2015 -11 -17 Regular Meeting Agenda Packet Page 141
Presented by:
Kelly G. Broughton, FASLA
Director of Development Services
Approved as to form by:
Glen R. Googins
City Attorney
2015 -11 -17 Regular Meeting Agenda Packet Page 142
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: / /�1�5;
� /Glen R -;� ns'
-CiCy A![orne
'City
� T ��"I'l
GRANT OF EASEMENTS, LICENSE AND
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF Cl-fULA
VISTA AND
SLF IV MILLENIA LLC
FOR CHULA VISTA TRACT NO. 09 -03
2015 -11 -17 Regular Meeting Agenda Packet Page 143
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 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
ABOVE SPACE FOR RECORDER'S USE
CCV File No. OR-853F
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO. 09-03
OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER)
(DEDICATED EASEMENTS)
THIS GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
( "Agreement ".) is made as of this day of , 20 , by and between the
CITY OF CHULA VISTA, a Municipal Corporation ("City "), and SLF IV- MILLENIA LLC a.
Delaware Limited Liability CompanX ( "Millenia, LLC ").
RECITALS
A. This Agreement concerns and affects certain improvements within a portion of
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 Gta. y Ranch
•
Master Planned. Community and is commonly known as Millenia Phase 2 and also refered to as
the Eastern Urban Center ( "Millenia Phase 2"), being subject of that certain City Council
Resolution No. 2009 -224 (`City Resolution"). For purposes of this Agreement, the terms
"Millenia Phase 2" or "Project" shall refer to the Millenia Phase 2 property.
B. City Council adopted Resolution. No. 2013 -247 on December 23, 2013 approving
a Grant of Easements, License and Maintenance Agreement between SLF IV/McMillin Millenia
iv, LLC, and the City for Millenia Phase 1 (the `Phase 1 GrELMA ") that was recorded in the
County Clerks Office as Official Document No. 20 14- 0012781. The Phase I GELMA
encumbered a portion of the Eastern Urban Center that consist. of Lots I through 9,. and Lots "A"
through "M" of Chula Vista Tract No. 09 -03, Gtay Ranch Millenia (Eastern, Urban Center), Final
Map No. 15942 and will still be in full force and effect.
C. Millenia, LLC is the owner of the Property and the Declarant under that certain
Declaration of Covenants, Conditions and Restrictions of Millenia filed or to be filed in the
Grant of Easements Agreement
— Millenia Phase 2 1
10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 144
County Recorder's Office of San Diego County, of the state of California ( "Community
Declaration"). The Community Declaration provides for the Millenia Community Association,
a California Nonprofit Mutual Benefit Corporation ( "Millenia Association") to maintain certain
areas in the Community. Futhermore, one or more subassociations may be formed
("Subassociations") for particular areas within the Millenia Community; the purposes of which
would include the maintenance of certain amenities within the area over which the
Subassociation has jurisdiction.
D, The Property as described on Exhibit "A" is, or will become, covered by certain
final maps ( "Final Maps ").
E. In order for Millenia, LLC to obtain the Final Maps for Millenia Phase 2 and for
the City to have assurance that the maintenance of certain areas within the Millenia Community
would be provided for, the City and Millenia, LLC have or will entered into a Supplemental
Subdivision Improvement Agreement ("SSU"). In the SSIA, Millenia, LLC agrees that
maintenance of such areas shall be accomplished by the creation of the Millenia Association.
The Parcels shown on Exhibit "B ", attached hereto, describe those particular areas which were
dedicated to the public on one or more Final Maps, but which include landscaping and drainage
improvements to be maintained by the Millenia Association. The public areas to be maintained
by the Millenia Association are collectively referred to as the "Millenia Association Maintained
Public Areas ".
F. The City desires to grant to Millenia, LLC easements for landscape maintenance
purposes upon., over, and across the Millenia Association Maintained Public Areas as shown on
Exhibit "B ", in order to faci 1 ite the performance by Millenia, LLC of the obligations as set forth
in the SSIA, adopted pursuant to the City Resoulution.
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 Millenia, LLC and its
agents, successors, and assigns, non - exclusive easements and right -of -way over and across the
Millenia Association Maintained Public Areas for the purpose of maintaining, reparing, and
replacing landscaping and other improvements located thereon as described on Exhibit "C99.
The grants are made without any warranties of any kind, express or implied, other than the
warranty stated in Paragraph 14(f) below.
2. Maintenance oblizations.
(a) Millenia, LLC to Initially Maintain. Millenia, LLC 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 Millenia Association
Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to
or better than the level of maintenance which is acceptable to the Director of Public works, at
his/her discretion and equivalent to City or Community Facilities District Maintained right-of-
way g
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
Grant of Easements Agreement
-- Millenia Phase 2 2 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 145
herein and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the
City of any City -owned property that is damaged as a result of the activity of Millenia, LLC, or
the Millenia Association or any other Transferee (as described below) during the performance of
the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the
maintenance responsibilities of the City which the City shall perform.
(b) Transfer to Millenia Association or other Transfers. Upon
Millenia, LLC's transfer of maintenance obligations to the Millenia Association, (i) the Millenia
Association shall become obligated to perform the obligations so transferred, and (ii) subject to
the City determining that the requirements of Paragraph 3 below have been satisfied, Millenia,
LLC shall be released from such obligation. Transfer of maintenance obligations to the Millenia
Association may be phased (that is, there may be multiple transfers).
Millenia, LLC represents to City that it intends to, and has the authority to, unilaterally transfer
all or some of the maintenance obligations either (i) to the Millenia Association and that such
transfer has been provided for in the Community Declaration, and that such document(s) include
the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to a new homeowners
association ( "New Association ") established for maintenance of the open space and
thoroughfare median areas in the Property, and that such transfer shall be provided for in the
declaration of restrictions ("New Declaration ") for the New Association, and that such
document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References
below in this Agreement to the "Association" shall include the New Association and
"Declaration" shall include the New Declaration if Millenia, LLC elects to form a new
homeowners association for all or a portion of the Property. Alternatively, Millenia, LLC shall
have the right to unilaterally transfer all or some of the obligations hereunder to a Transferee (as
described in Subsection (c) below) or to any other person or entity who acquires all or a portion
of Millenia, LLC's interest in the Millenia community as provided in Section 10. Upon an such
p y
transfer by Millenia, LLC to a Transferee, Millenia, LLC shall be released from any future
obligations arising after the transfer and the assignee shall assume the obligations arising after
the date of the transfer.
(c) Transfer by Millenia Association. The Millenia Association
shall have the right to transfer Maintenance obligations to a Subassociation or to the owner of an
apartment project ( "Transferee "). Upon the Millenia Association's transfer of Maintenance
obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligation
so transferred, (ii) the Millenia Association shall retain the right to perform. the Maintenance
should the Transferee fail to do so, and (iii) the Millenia Association shall be released from the
obligations so transferred subject to the City determining that the requirements of Paragraph 4
q
below have been satisfied. Although it is possible that Maintenance obligations might be
transferred to an apartment owner, Millenia, LLC does not believe it is likely that maintenance
obligations will be transferred to an apartment owner.
3. Assi nment and Release of Millenia, LLC.
(a) Asshin,ment. Upon Millenia, LLC's transfer of the Maintenance
obligations to the- Millenia Association, it is intended by the parties that the Millenia Association
shall perform the Maintenance obligations either itself or by contractors. Such transfer to the
Grant of Easements Agreement
- MilIenia Phase 2 3 10102/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 146
Millenia Association will release Millenia, LLC from its obligations only if all of the following
occur:
�} Millenia Association Accepts Obligati on. The Millenia
Association has unconditionally accepted and assumed all of Millenia, LLC's obligations under
this Agreement in writing arising after the date of the assignment and such assignment provides
that the burden of this Agreement remains a covenant running with the land, and the assignee
expressly assumes the obligations of Millenia, LLC under this Agreement arising after the date
of the assignment. The assignment shall also have been approved by the appropriate governing
body of the Millenia Association by resolution or similar procedural method and approved as to
form and content by the City Attorney. The City shall not unreasonably withhold or delay its
consent to such assignment.
Millenia Association's CommunLty 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 Millenia Association
shall be responsible for the maintenance of the Millenia Association Maintained Public Areas,
the Millenia Association shall indemnify City for all claims, demands, causes of action, liability
or loss related to or arising from the maintenance activities by the Millenia Association except to
the extent caused by the negligence or misconduct of the City, and the Millenia Association shall
not seek to be released by City from the maintenance obligations of this .Agreement, without the
prior consent of City and one hundred percent (100 %) of the holders of first mortgages or owners
of the Property.
(iii) Millenia Association Insurance. The Millenia Association
procures and formally resolves to maintain at its sole cost and expense, commencing no later
than the City's release of all of Millenia, LLC's landscape maintenance bonds, a policy of public
liability insurance which at least meets the requirements of Section 5.1 {a} of the Community
Declaration which reads as follows:
(b) General Liability Insurance. The Master Association shall
obtain a comprehensive general liability and property damage insurance policy insuring the
Master Association and the Owners against liability incident to ownership or use of the Master
Association Property. The limits of such insurance shall not be less than three million dollars
($3,000,000.00) covering all claims for death, personal injury and property g a damage arising out of
p g
a single occurrence. The Aggregate Limit will not be less than two times the Combined BL/PD
per occurrence" Limit of Liability, or not less than $6,000,000. The insurer issuing such
. g
insurance shall have rating by A. M. Best of "A, Class V" or better with no modified occurrences
and as admitted by Best's Insurance Guide. Such insurance shall include the following
additional provisions provided they are available on a commercially reasonable basis:
The City of Chula Vista shall be named as a Liability
Additional Insured to such insurance on a Primary basis, and the Liability Additional Insured
Endorsement shall not exclude products /completed operations hazard pursuant to the City's
requirements to the Master Association to do so;
Grant of Easements Agreement
— Millenia Phase 2 4 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 147
(ii) The policy shall not contain a cross suit exclusion clause
which would abrogate coverage should litigation ensue between insureds;
(iii) The policy shall contain the following severability clause
(or language which is substantially the same): "The coverage shall apply separately to each
insured except with respect to the limits of liability" Section 5.1(a) may not be amended without
the written consent of the City Attorney and Development Services Director.
The Millenia Association shall provide the City with a Certificate of Insurance, and Liability
Additional Insured Endorsement designating, `City of Chula Vista ", upon procurement of the
policy as set forth above.
(c) Release. When all conditions precedent in Paragraph 3(a) are
fulfilled, Millenia, LLC shall be released from its obligations under this Agreement, including its
security and insurance requirements. Millenia, LLC acknowledges that it has a contractual
obligation to perform the terms and conditions of this Agreement until released by the City from
this Agreement. At least sixty (GO) days prior to such transfers Millenia, LLC shall give: a notice
to the City of Millenia, LLC's intent to transfer its Maintenance obligations herein and provide
the City with the appropriate documents listed in Paragraph 3(a). The City acknowledges that
Millenia, LLC may transfer its obligations in Phases and in such case, Millenia, LLC shall be
released as to the obligations so transferred.
4. Assi nment and Release of Millenia Association.
(a) Assilmme t. Upon Millenia Association's transfer of the
Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall
perform the Maintenance obligations either itself or by contractors. Such transfer will release
Millenia Association from its obligations only if all of the following occur:
(i) Transferee Accepts Obli ation. The Transferee has
unconditionally accepted and assumed all of Millenia Association'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 Millenia
Association under this Agreement. If the Transferee is a Subassociation, the assignment shall
also have been approved by the appropriate governing body of the Subassociation 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) Subassociation's Declaration of restrictions If the
Transferee is a Subassociation, the
recorded Declaration of Restrictions
maintenance and insurance provisions.
City has reviewed and approved
to confirm that said document
.
the Subassociation's
contains appropriate
(iii) Subassociation Insurance.. The Transferee procures and
formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance
which meets the requirements set forth in Paragraph 3(a)(iii) above. The Subassociation shall
provide the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
Grant of Easements Agreement
Millenia Phase 2 5 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 148
(b) Release. when all. conditions precedent in Paragraph 4(a) are
fulfilled, the Millenia Association shall be released from its obligations under this Agreement,
including its security and insurance requirements. At least sixty (60) days prior to such transfer,
Millenia Association shall give notice to the City of Millenia Association's intent to transfer its
Maintenance obligations herein and provide the City with the appropriate documents listed in
Paragraph 4(a).
5. Millenia, LLC's Insurance. Until such time as the Millenia Association
has obtained the general liability insurance required under the Community Declaration, Millenia,
LLC agrees to procure and formally resolves to maintain at its sole expense, commencing no
later than the date that the landscape architect of record has submitted a letter of substantial
conformance pertaining to work being completed to the Development Services Director, or his
designee, has deemed. the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
(a) General LiabililK Insurance. Millenia, LLC shall obtain a
comprehensive general Liability and. property damage insurance policy insuring Millenia, LLC
against liability incident to ownership or use of Property. The limits of such insurance shall not
be less than Three Million Dollars ($3,000,000.00) Covering all claims for death, personal injury
and propety damages arising out of a single occurrence. The Aggregate Limit will not be less
than two times the Combined BIIPD "per occurrence" Limit of Liability, or not less than
$6,000,000. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V', or
better with modified occurences and as admitted by Best's Insurance Guide. Such insurance
shall include the following additional provisions provided they are available on a commercially
reasonable basis:
(i) The City of Chula Vista shall be named as a Liability
Additional Insured to such insurance on a Primary basis, and Liability Additional Insured
Endorsement shall not exclude products 1 completed operations hazard pursuant to the City's
requirements for Millenia, LLC to do so;
(ii) The policy shall not contain a cross -suit exclusion clause
which would abrogate coverage should litigation ensue between. insured and;
(iii) The policy shall contain the fallowing Severability clause
(or language which is substantially the same): "The coverage shall apply separately to each
P Y
insured except with respect to the limits of liability ".
Millenia, LLC shall provide the City with a Certificate of Insurance and Liability Additional
Insured Endorsement designating, "City of Chula Vista ", upon procurement of the policy as set
forth above.
f. Indemnity. Millenia, LLC shall indemnify, defend and hold. City, its
officers, agents, employees, subcontractors and independent contractors free and harmless from
any liability whatsoever, based or asserted upon any act or omission of Millenia, LLC, its
officers,. agents, employees, subcontractors and independent contractors, for property damage,
bodily injury, or death (Millenia, LLC's employees included) or any other element of damage of
Grant of Easements Agreement
— Millenia Phase 2 6 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 149
any kind or nature, relating to or in any way connected with or arising from the activities
contemplated by this Agreement, including, but not limited to, the use, maintenance., or repair of
the Millenia Association Maintained Public Areas, save and except for liability or claims arising
through the active negligence or willful misconduct of City. Millenia, LLC shall defend, at its
expense, including attorneys' fees, City, its officers, agents, employees, subcontractors and
independent contractors in any legal or equitable action based upon such alleged acts or
omissions, save and except liability or claims arising through the active negligence of willful
misconduct of City.
7. Indemni of Transferee. The document whereby Millenia, LLC
transfers a Maintenance obligation to a Transferee shall be signed by both Millenia, LLC and the
Transferee and shall set forth an express assumption of Maintenance and other obligations
hereunder and shall include the following indemnification provision:
Indemnity. Transferee shall indemnify, defend and hold City, its officers, agents,
employees, subcontractors and independent contractors free and harmless from any liability
whatsoever, based or asserted upon any act or omission of Transferee, its officers, agents.,
employees, subcontractors and independent contractors, for property damage, bodily injury, or
death (Transferee's employees included) or any other element of damage of any kind or nature,
relating to or in any way connected with or arising from the activities contemplated by this
Agreement, including, but not limited to, the use, maintenance, or repair of the Millenia
Association Maintained Public Areas, save and except for liability or claims arising through the
active negligence or willful misconduct of City. Transferee shall defend, at its expense.,
including attorneys' fees., City, its officers, agents, employees, subcontractors and independent
contractors in any legal or equitable action based upon such alleged acts or omissions, save and
except liability or claims arising through the active negligence of willful misconduct of City.
Notwithstanding the foregoing, Transferee shall not have any liability under this paragraph by
reason of another party's failure to maintain. It is specifically intended that the City shall have
the right to enforce this paragraph. This paragraph may not be amended without the written
consent of the City Attorney and the Director of Development. Services.
S. A regiment Bindin ive Parties. This Agreement
,g Upon shall be binding upon Millenia, LLC and any successive Declarant. under the Community
Declaration. This Agreement shall be binding upon the Millenia. Association and any
Transferees upon transfer of Maintenance obligations to the Millenia Association or Transferee,
respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of
the parties as to any or all of the Property.
91 Agreement 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 beneficiar y 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 particular land or interest therein. If such covenants are
breached, the City shall have the right to exercise all rights and remedies and to maintain an
actions or suits at law or in equity or other proper proceedings to enforce the curing of such
Grant of Easements Agreement
— Millenia Phase 2 7 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 150
breach to which it or any other beneficiaries of this Agreement and the covenants may be
entitled.
10. Assign ment. As provided in Section 10.2 of the Development Agreement
executed by the City and McMillin otay Ranch, LLC, recorded in the San Diego County
Recorder's office on October 27, 2009 as Document No. 2009 - 0595116, McMillin otay Ranch,
LLC, or its successor in interest, shall have the right to assign its rights and delegate some or all
of its obligations under this Agreement, but only to another master developer it so identifies to
City who agrees in writing to fulfill. McMillin otay Ranch, LLC's role with regard thereto. City
retains the right to consent or not consent to such change, but City's consent shall not be
unreasonably withheld and shall be limited to confirming the financial resources of the successor
necessary to fulfill its role under this Agreement.
11. Governing Laws. This Agreement shall be governed and construed in
accordance with the laws of the State of California.
12. 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 the
San Diego County.
13, Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be original and all of which shall constitute one and the same
document.
14. R.ecor . The parties shall cause this Agreement to be recorded in the
Office of the County Recorder of San Diego County within thirty (30) days after this Agreement
has been approved by the City Council.
15. 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 Paragraph
by giving written notice of such change to the other party.
Ci
City of Chula Vista
Development Services Department
Land Development Division
276 Fourth Avenue
Chula Vista, California 91910
Millenia, LLC:
SLF IV- Mi.11enia, LLC
Grant of Easements Agreement
— Millenia Phase 2
10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 151
5049 Sherry Lane
Dallas., Texas 75225
Attn: Heather Shannon
With a copy to:
Millenia Real Estate Group
2750 Womble Road, Suite 200
San Diego, CA 92186
Attn: Todd Galarneau
(b) Captions. Captions in this Agreement are inserted for
convenience of reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other
written document referred to herein, embody the entire agreement and understanding between
the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or
written representations, agreements, understandings and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any other agreement between. the
parties unless expressly noted.
(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
wn.
under this Agreement, Millenia, LLC, its agents and employees, shall comply with any and all
applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and parry 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 the parties hereto, their successors or assigns, and duly recorded in the office of the County
Recorder of San Diego County.
(h) Preparation of Agreement. 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.
(i) Approvals. When any approvals or corrections are requested to be
obtained from the City hereunder, the failure of the City to deliver notice of disapproval of any
such request meeting all the provisions of this agreement as determined by the City Manager
within one hundred eighty (180) days after receipt of notice of such request to the City Attorney
and Development Services Director shall constitute approve thereof.
Grant of Easements Agreement
— Millenia Phase 2 9 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 152
End of page (next page is signature page)
Grant of Easements Agreement
— Millenia Phase 2
10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 153
SIGNATURE PAGE I of 2 FOR
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
CHULA VISTA TRACT NO, 09-03
OTAY RANCH MILLE1vIA PHASE 2 (EASTERN URBAN CENTER)
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed the
day and year first set forth above..
CITY of CHULA VISTA:
Mary Casillas Salas, City Mayor
APPROVED AS TO FORM:
Glen R. Googins, City Attorney
ATTEST:
Donna Norris, City Clerk
J:lAttomey\Michael Sh\EUC\GELMA- 20151GELMA -EUC -C V T0903- 10.2.15 - FINAL. doc
Grant of Easements Agreement
— Millenia Phase 2 11 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 154
SIGNATURE PAGE 2 OF 2 FOR
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
OWNER:
CHULA VISTA TRACT NO, 09-03
OTAY RANCH MILLENIA PHASE 2 (EASTERN URBAN CENTER)
SLF IV - MILLENIA, LLC,
a Delaware limited liability company
By: SLF IV Millenia Investor, LLC,
a Texas limited liability company,
its sole and managing member
By: Stratford Land Fund IV, L.P.,
a Delaware limited partnership,
its co- managing member
By: Stratford Fund IV GP, LLC,
a Texas limited liability company,
its general partner
4!;747
r
(Notary to attach acknowledgment for each signature)
(Corporate Authority required for each Signatory, if applicable)
Grant of Easements Agreement.
— Millenia Phase 2 12 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 155
A Notary Public or other officer completing this certif cate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy or validity of that document.
STATE OF TEXAS )
)ss.
COUNTY OF DALLAS )
On nioutimaFrL q 201S before me, SUDAN C. EVAN► f ,Notary Public, personally
appeared M,A(Llc. LJ fSJIlBV/16 who :proved to me on the basis of satisfactory evidence
(personally known) to be the person whose name is /alb subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/keb4heir authorized
capacity(�s), and that by his, signature(, 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 Texas that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Susan C. Evans
* Notary Public,
State of Texas
Of Expires:03 -15 -201 g
2015 -11 -17 Regular Meeting Agenda Packet Page 156
Attachments:
Exhibit "A ": Legal Description of Property
Exhibit "B ": Plat Showing Public Area to be Maintained
Exhibit "C": Maintenance Responsibilities
Grant of Easements Agreement
— Mi llenia Phase 2 13 10/02/2015
2015 -11 -17 Regular Meeting Agenda Packet Page 157
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Chula Vista, County of San Diego, State of a ffor m t described as
follows:
LOTS I , 21 , 10t 11, 12 AND LOT L OF CHULA VISTA TRACT CIO. 09-03 OTAY ►N MILLENIA
(F-ASTERN URBAN CENTER), IN THE CITY U A VISTA, COUNTY OF SAN DIEGO, STATE
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15942, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, SEPTEMBER 23, 2013.
I PN: 643-060-26-00, 643-060-27-00, 643 - 060- 28 -00, 643 - 060"35`00, 643"060 - 36-00, 643""060"
37-00 and 643 - 060 -49-00
F1'rs Amefiea ride
2015 -11 -17 Regular Meeting Agenda Packet Page 158
Y
1
(ri7
EXHIBIT B
PRIVATELY MAINTAINED RIGHTS -OF -WAY
—" �'" BIRCH ROAD
,.
}
}
i
2
J 1
t I
f
Y
C
'
1
3 l
•
4
i
4
•
i
LEGEND FOR SHEETS 2-6)
KEYMAPBY
• � ,r LANDSCAPING TO BE MAINTAINED
� MASTER HOME OWNER
T TO
SCALE
�� � . �/ y� irF (MILLENIA COMMUNITY S IATIOff!
B10—RETENTION BASIN MAINTENANCE
SEE EXHIBIT �
0 BE MAINTAINED TRANSIT AGENCY
PHASE 2 BOUNDARY
A13BREVIATIONS
M T1 NAL MAP
TM TENTATIVE MAP S -• — 3
_
FS = Fl R f...a STATION
PARK SITE
ENGINEERING G COMPANY
,31--x ., -.. - --1 OF SHEETS
N
CD
—L
-4
;u
m
rhm
m
m
m
CL
fu
-0
su
m
roilL
-0
CD
CD
EXHIBIT B
PRIVATELY MAINTAINED RIGHTS-OF-WAY
ARTISAN ST --� - - - - - -- - - --
*own zoom WE=%
PHAI:�F 9
PHASE 2--/
'T
BOUNDARY
?� °, FM LOT 6/
TM LOT 6
FM
LOT
20/
A e
LOT
2)/ FM LOT 8/
(TM LOT S 1 )
PHASE 2
BOUNDARY
ENGINEERING COMPANY
x
LL,
FM LOT 5/
-- TM LOT 5
0:
lit, r
i -
BOUNDARY
FM LOT )IC11
(p
SOro
slop
goo �k
o
FM LOT 21/
(TM LOT
SEE SHEET 3
Cn
SHEET_,21..." OF SHE
N
O
1
1
3
-T
N
i�
i
m
^m
iAi
fu
V
su
roilL
CD
EXHIBIT B
SEE SHEET 2 PRIVATELY MAINTAINED RIGHTS —OF —WAY
Md
0
�v
M:
FM LOT 7/
(TM LOT 7) �
FM LOT E/
(TM LOT P2)
ENGINEERING COMPANY
SEE SHEET 5
l
l
I
N
O
r.
un
FM LOT 11/ \ �G
(TM LOT
PHASE 2---,o
BOUNDARY
0
0 - \�5
G�
FM LOT 12/
(TM LOT 19)
III ............... III lill III llll,�I 11#1` jllll,� I
SHEET_ 3 OF ....:P.._. SHEEfS
CD
1
N
y. yy„ � �YYYY�i11YY� �YIiYIIiW IIA�999Viiiiii 9YIPPPI�
EXHIBIT
PRIVATELY- MA NTAI NED. RIGHTS-OF-WAY
1
SEE SHEET 3
FM LOT 15/
� (TM LOT
77,24)
SEE SHEET 6
ENGINEERING COMPANY
`... OF ....... ....... HE
N
O
Ct7
1
1
1
3
-T
N
m
m
m
m
CL
fu
su
m
rh
CD
1
SEE SHEET 4
FM LOT 19/
(TM LOT 29)
EXHIBIT B
PRIVATELY MAINTAINED RIGHTS -OF -WAY
FM LOT D/ o
(7M SOT P6)
PHASE 2
BOUNDARY
I ENGINEERING COMPANY
.
FM LOT 18/
(TM LOT 28)
'T
SEE SHEET 5
jjllll� / PROJECT BOUNDARY
f
EXHIBIT 46 11
Maintenance R soon i iiitEes for Mille i
Area: Those parkways, pedestrian corridors and medians of public roads as identified on Exhibit 414r 11
Master Home Owners Association ([1 H A)
City of Chula Vista Maintenance
Maintenance
• Curb and Gutter — inspect and ma Main
*
Street Frees — inspect and maintain.. in.. trim and
0 Storm gain Inlets i--. inspect and maintain
thin
* Standard Street Lights — inspect and maintain
•
Palm Frees — inspect and maintain, trim and
0 Traffic Signals — inspect and r? ointain
thin
• Street and Traffic Signage — inspect and
0
Planting Areas — maintain andfertilize
maintain
a
Bike Racks — inspect and repair
Centerli ne, sideline and parking striping
•
'rash Receptacles — Inspect, clean and empty
inspect and maintain
Benches — inspect and clean
• Bioretention Basins —As detailed in Exhibit ""C-
0
Decorative Lighting — inspect and maintain
20
•
lore- Standard street Lighting and up-lighting —
• Graffiti Control — all City maintained facilities
inspect and maintain
Irrigation (including heads and bubblers)
monitor, adjust and inspect
•
Concrete (standard grey and exposed
aggregate) — clean maintain and power wash
•
Unit Pavers — clean, maintain, poi er ras t and
replenish join t sand
0
Decomposed Granite —smooth and clean,
replenish In wom areas
a
Free Grates — clean and maintain
•
Private Si gnage — Inspect and main tain
•
Bioretention Basins —As detailed in Exh # it "
,r
0
Bus Stop Shelters — inspect, clean and maintain
•
Pendant Lighting — inspect and maintain
Planter Pots — inspect and maintain
0
Concrete S eatwalls — inspect and main tain
•
Concrete Pavers — inspect and maintain
•
Graffiti Control -°~ all Association maintained
facilities
C1110869 1 v/i -0003
2015 -11 -17 Regular Meeting Agenda Packet Page 165
EXHIBIT 4T.211
Bioretention Basin Maintenance for Milli
......
Home
Maier Home Owners Association MI�oA
City (Maintenance � Responsibility
Responsibility
inspections;
Ins a tions:
•
Inlet, curb cuts, spillway and storm drain
• Landscaping (soli and plant condition) -
connection, including underdrain pipe (via
monthly
cleanout port and connection to inlet) -
Irrigation systems - monthly
quarterly and after major storm events
•
Concrete stamping — annually
•
Sediment accumulation —monthly
Rip rap pads — sera!- annually and after major
storm everts
•
Exposed impermeable line- - monthly
Retaining walls - annuall
Routine Maintenance:
Routine Maintenance;
•
Removal of sediment from inlets and storm drain
# 'rash and debris removal
pipes
• "rimming and pruning of vegetation
•
Removal of excessive sediment build up in
r Weeding
landscaping areas
• Mulch replenishment —quarterly
Raking/tilling ofsurface soils
• Adjustment of spray heads and replacing
broken or non- functional risers,
heads /bubblers and valve parts
• Concrete Pavers — inspect and replace
pavers{ replenish joint sand
3� '
Penclan"t lighting — inspect and replace lights
as required
* Planter Pots — soil and irrigation — bi-weekly
Non-Routine Maintenance:
ion- Routine Maintenance:
•
Repair or replacement of non-legible concrete
Replacement of broken irrigation system
stamping
Replacement of dead plants and trees
•
Repair or cleaning of underdrain pipe if clogged
. Replacement of irrigation and planting
(sediment /trash removal from within)
material — concurrent with City's
�
Replacement of all Soil, suhgrade material and
replacement of soil and saroe taterIa1
TA rdris — approximately once eve ( ear.
Concrete Seatwall —inspect and repair,
�
Replacement of damaged concrete
lean r�� removal o graffiti and skateboard
�
Repair or replacement of damaged structures
Repair and replacement of rip rap pads
wax
•
Repair or replacement of damaged impermeable
liner
Repair retaining walls for chipping or other
damage
2015 -11 -17 Regular Meeting Agenda Packet Page 166
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0597, Item #: 5.
City of Chula Vista
Staff Report
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING
THE CITY TO ENTER INTO A 10 -YEAR LEASE PURCHASE AGREEMENT WITH PNC
EQUIPMENT FINANCE, LLC. FOR THE ACQUISITION OF TWO (2) PIERCE ARROW XT TRIPLE
COMBINATION PUMPER /FIRE ENGINES, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL PURCHASE AND LEASE AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING
THE CITY TO ENTER INTO A 10 -YEAR LEASE PURCHASE AGREEMENT WITH LEASING 2, INC.
FOR THE ACQUISITION OF ONE (1) HME AHRENS -FOX MODEL 34D/500 TYPE III FIRE
APPARATUS /BRUSH ENGINE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FINAL PURCHASE AND LEASE AGREEMENT
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula
Vista residents, visitors, and employees every day. Emergency response services are provided with
several different types of fire apparatus including triple combination pumper /fire engines, aerial ladder
trucks, a heavy rescue, a brush engine and battalion chief vehicles. The Fire Department needs to
replace several fire apparatus due to excessive years of service, escalating maintenance costs and
safety issues. With the suspension of funding in the City's vehicle replacement fund, the historical
funding source utilized for fire apparatus replacement is no longer available. The Fire Department
has identified two separate Lease /Purchase programs that provide a means to purchase two (2)
Triple Combination Pumper /Fire Engines from Pierce Manufacturing and one (1) HME Ahrens - FOX
34D Type III Brush Engine from HME Incorporated. The lease /purchase programs will minimize the
immediate fiscal impact.
The Fire Department is requesting authorization to enter into a 10 -year lease purchase agreement
with PNC Equipment Finance, LLC for the acquisition of two (2) Pierce Triple Combination
Pumper /Fire Engines in order to replace existing frontline engines that will be transitioned into
reserve fleet service. The fire department is also requesting authorization to enter into a 10 -year
lease purchase agreement with private lender to be executed bythe City Manager for the acquisition
of one (1) HME Ahrens -FOX 34D Type III Brush Engine in order to replace an existing frontline
brush engine that is 18 -years old.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
City of Chula Vista Page 1 of 4 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw ee�5by LegistarT""
File #: 15 -0597, Item #: 5.
California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project" as
defined under Section 15378(b)(2) of the State CEQA Guidelines because it involves only the
authorization to purchase a vehicle which is an on -going administrative and maintenance activity;
therefore, pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
BOARD /COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City
and surrounding cities. In addition, the fire department provides mutual aid assistance throughout
the State of California on a reimbursable basis. These emergency services are provided with the
following frontline fire apparatus -eight (8) pumper /engines, two (2) aerial ladder trucks, one (1)
heavy rescue truck, one (1) brush engine and two (2) battalion chief vehicles. The reserve apparatus
consist of the following -five (5) reserve pumper /engines, one (1) reserve aerial ladder truck and one
(1) reserve battalion chief vehicle.
As a result of several factors including, decreased vehicle replacement funding, excessive years of
service, escalating maintenance costs, increased downtime of frontline apparatus, decreased fleet
depth, decreased reliability and safety issues; the Fire Department is in need of several new fire
apparatus. The fire department and public works department are challenged on a daily basis with
maintaining an adequate fire apparatus fleet (frontline and reserve) due to the above factors.
National Fire Protection Association (NFPA) Standard 1901 on Automotive Fire Apparatus and other
National Fleet Maintenance Organizations recommend large vehicle replacements based on several
criteria to include, years of service, mileage, maintenance costs, functional obsolescence, and
inability to obtain repair parts as well as technology and safety improvements. After extensive
research of national industry standard recommendations and standards adopted by other Fire
Departments, the Fire Department recommends that fire apparatus be replaced based on 10 to 12
years of frontline service plus 5 years of reserve service for a total service life of 17 years.
The two (2) frontline pumper /fire engines that will be transitioned to reserve engines have served 13
and 14 years (respectively) to date in frontline service. The two reserve engines that will
subsequently be surveyed out of the fire department's fleet have 27 and 29 years (respectively) of
total service. The brush engine that will be replaced has a total of 18 years of frontline service to
date and is well beyond its' functional, reliable and cost effective frontline service life.
The purchase of these three (3) new fire apparatus will significantly improve the overall quality,
reliability, cost effectiveness, fleet depth and safety of the City's fire apparatus fleet to help maintain a
proper level of fire, rescue and emergency medical service to Chula Vista.
DECISION -MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500 -foot rule found in California Code of Regulations Title 2, section
18702.2(x)(11), is not applicable to this decision for purposes of determining a disqualifying real
property - related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 871001
City of Chula Vista Page 2 of 4 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee�i68y LegistarT""
File #: 15 -0597, Item #: 5.
et seq.).
Staff is not independently aware, and has not been informed by any City of Chula Vista City Council
member, of any other fact that may constitute a basis for a decision maker conflict of interest in this
matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This resolution meets
the goals of Operational Excellence and Healthy Community. Updating our current fleet of fire
apparatus will allow the Fire Department to provide improved service. The new engines will assist
with response times; improve firefighter safety, and overall operational and fiscal efficiency.
CURRENT YEAR FISCAL IMPACT
The total cost to purchase the two (2) fire pumper /engines and one (1) brush engine is
$1,619,631.35. The Fire Department is recommending acquiring this equipment via two separate 10-
year lease purchase agreements specific to each manufacturer that will result in estimated annual
payments in the amount of $191,906.54. The total estimated amount paid for these fire apparatus
including interest will be $1,919,065.40 through the 10 -year lease purchase option. The anticipated
delivery of the two (2) Pierce fire pumper /engines is August of 2016, and the anticipated delivery date
for the one (1) HME brush engine is May of 2016. The first lease payment is schedule to be due in
November 2016; therefore, no lease payments will be due in FY2015 -16.
The equipment and outfitting labor for one (1) HME brush engine for fiscal year 2015 -16 is estimated
at $58,000 for equipment and $6,000 for labor hours necessary to accomplish the outfitting. There is
no impact to the Fire Department's fiscal year 2015 -16 budget as these funds are already included in
the department's Non -CIP Project Category.
ONGOING FISCAL IMPACT
The annual lease payment cost (estimated at $191,906.54 per year) and equipment &outfitting cost
for the two (2) fire pump /engines (estimated at a one -time cost of $268,000) will be added to the
budget as part of the normal budget process. The table below summarizes the projected fiscal impact
by fiscal year:
F ISCAII I MPACT PE R FISC AL YEA R
LEASE REPAYMENT & EQUIPMENT PURCHASES
Description
Fn6 FY17
{ Y18
F Y19
f VZO
FY21
FY22
FY23
F Y24
FY)S
FY�G
Tot•11
Type i Engines (2)
PNC Equipment Finance
3.20% rate to
15L1N,03
L52,189,03
152, 199.03
152, 189.03
152,19943
152,189.03
152.189.03
152,189.03
332,199.03
152,189.03
1,521,8W,30
6rv?+' Engine 11)
Private Lender
(eSti mated) @ -3.25%
rate
39,717.51
39,717.51
39.717.51
39,717, 51
39, 717.51
39,7 17. S1
39.x' 17.51
39,717.51
39.717,51
39,717.51
39 7,175,10
Brush Engine Equipment
& a ut f itt inn
64,000.001
_
64r -E0
Type I Engines
f qu ipme nt & 00f i Mi ng
26$1000.00
-
-
-
-
-
-
26$.000,00
I de nti f ted Sources
164.000.00) _113 6.000.00)
_ _ _
-
_ -
_ -
_ -
-
_(20C,000-00)
N*t Fiscal Impact
0 323.906.54
191r""4
191,906.54
191r917i6,54
191,90634
191,906,54
191,9M.S4
191,906.S4
191,90654
191,906.54
2,051r06S,40
City of Chula Vista Page 3 of 4 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Paw e e�6 ""
� LegistarT
File #: 15 -0597, Item #: 5.
ATTACHMENTS
Resolutions
Lease Purchase Agreement
Type I Engine Quotes
Type III engine Quote
Staff Contact: Madeline Smith, Jeff Peter, David Bilby
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 4 of 4
Printed on 11/12/2015
�ageed7�r LegistarT""
RESOLUTIOI�'NO.
RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF
CHULA VISTA AUTHORIZII�G THE CITY TO ENTER INTO
A 10-YEAR LEASE PURCHASE AGREEMET�'T WITH PNC
EQUIPMENT FR`'ANCE, LLC. FOR THE ACQUISITION OF
TVl'O (2) PIERCE ARROW ?iT TRIPLE COMBINATION
PUMPER/FIRE ENGINES. AND AUTHORIZING THE CITY
M.AI�IAGER TO EXECUTE THE FII�'AL PURCHASE AND
LEASE AGREEMENT
R'HEREAS; the Chula Vista Fire Department deli��ers Fire; Rescue and Emergency
Medical Sen�ices to Chula Vista residents; visitors, and employees every day; and
WHEREAS, emeroency response services aze provided with several different types of
fire apparatus indudine triple combination pumper/fire engines, aerial ladder trucks, a hea�ry
rescue, a brush eneine and battalion chief vehicles: and
WHEREAS, the Fire Department needs to replace se��eral fire appazatus due to excessive
�-ears of sen�ice, escalatine maintenance costs and safet�� issues:
WHEREAS, the Fire Department H�ill continue to meet the I`'FPA standazds and increase
the reliability of our current fleet with less dotimtime for mechanical issues and pro��ide a safer
response vehicle than our existing fleet; and
• �i'HEREAS, the Fire Depanment is recommending to enter into 10-yeaz lease purchase
aereement ��ith PI`tC Equipment Finance, LLC for the acquisition of two (2) Piece Triple
Combination PumpedFire Engine in order to replace existing front line Pumpers, ti�hich �-i11 be
placed into resen�e status; and
WHEREAS, the total cost to purchase the rn�o (2) fire pumper/engines is $1,28�,0�2J�,
w�hich ��ill result in annual payments in the amount of$1�2.189.03. The total estimated amount
paid for these fire engines including interest ���ill be $L�21,890.30 throu�h the 10-��ear lease
purchase option; and
WHEREAS; the total cost of equipment & outfitting for the engines is $268,000, of
�i�hich �200;000 has already been identified in the Fire Department's FY15-16 Budget: and
WHEREAS, the Fire Department will include the annual costs as part of the reeular
budget development process in future fiscal years.
NOW. THEREFORE. BE IT RESOLVED. that the Cirv Council of the Ciri� of Chula
Vista does herebv authorize the Cirv of Chula Visia to enter into:
• ]0-yeaz lease purchase agreement �vith PNC Equipment Finance, LLC for the
acquisition of two (2) Pierce Triple Combination Pumper/Fire Eneine for a total
lease purchase cost of 51.�21,890.30.
• Authorize the Cit�� 1�4anager to esecute the final purchase and lease a�reement
documents.
Presented b�� Approved as to form by
Jim Geerine Glen R. Gooeins
Fire Chief y Cin Attome��
/5-r�597 A
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
A1�TU APPROVED AS TO FORA9 BY THE CITY
ATTOFL\'EY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
�� � .^�
Glen R. Goog'riis
Cit�� Attorney
Dated: /�— /� —/S
MAS7'ER LEASE PURCHASE AGREEME�'T
BET«�EEN
TI-� CITY OF CI-iULA V[STA AND
PNC EQUIPMEI��T FINANCE, LLC
Ea5
Master Lease-Purchase Agreement
Between
CIN OF CHULA VISTA AND PNC EOUIPMENT FINANCE,LLC
DOCUMENTINDEX
O Master Lease-Purchase Agreement—Sign and provide title on the last page
O Lease Schedule with Schedule A-1 —Sign and title
❑ Vehicle Schedule Addendum-Sign and title
❑ Inwmbency Certificate and Resolutiorr- List your authorized signor(s)and title(s);have secretary
or appropriate trustee attest to the intormation and signature(s) provided by signing and prinling
hislher �ame, title and date. The person who validates the signatures should not sign the
lease documents. The resolution must reflect the tiUe(s) of the individval(s) who have
authorization to sign the documents.
� Opinion of Counsel Letter - E�closed is a lemplate. Please ask your ariomey to prepare on
. his/her letterhead, and inctude all of the items in the template.
�7 Title-The terms of your contract specify that the Lender be listed as the tienholder and hold the
original tiUe during the term ot the lease. In addition,we wi0 need a copy of the front and back of
the MSO listing Oshkosh Capital,995 Dalton Ave, Cincinnati, OH 45203 as first iien holdu.
� Insurance Requesl Form - Fiil in your insurer's information and sign. Please mntact your
insurer, prior to delivery, to obtain a certificate of insurance. Please enclose the certificate with
the signed dowmentation or have the insurer fax ihe certificate diredly to me.
� Three Party Agreemeni-Sign and title.
O Delivery 8 Acceptance Certifiwte - At point of delivery, fill out this fortn and faz k to me.
Please retum the original via US Postal Serviee.
❑ IRS FORM 8038-G-Sign, date,and tille
❑ Minutes of Governing Body (approving the purchase 8 finance of equipment) - Please retum a
copy with the documenls.
❑ Sales ConVact or Purchase Orde�- p/ease provide a copy o/the Sales Contract enter into
, wrth Pierce Manufacturing or a copy o/the Purchase Order issued to Pierce Manu(acturing
Inc.
- � -
EDS
MASTER LEASE - PURCHASE AGREEMENT
Oated as of November�7. 2015
This Master lease-Purchase Agreement together with a1l addenda, riders and attachments
hereto, as lhe same may trom time to time be amended, modified or supplemented ('Master Lease) is
made and entered by and behveen PNC Equipment Finance, LLC ('Lessor') and the Lessee identi5ed
below('Lessee').
LESSEE: Citv of Chula Vsta
1. LEASE OF EQUIPMENT. Subjeci to the terms and conditions of this Master Lease, Lessor agrees to
lease to Lessee, and Lessee agrees to lease from Lessor, all Equipment described in each Schedule
signed from time to time by Lessee antl Lessor.
2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular
and pluralform oi such terms. (a) 'Schedule' means each Lease Schedule si9ned and delivered by
Lessee and Lessor, together with all addenda, riders, attachmenis, ceRificales and exhibits thereto, as
the same may from time to time be amended, modified or supplemented. Lessee and Lessor agree that
each Schedule (except as expressly provided in said Schedule)incorporetes by reference all of the terms
and wndftions ot the Master Lease. (b) 'Lease' means each Schedule and this Master Lease as
incorporated into said Schedule. (c) 'EquipmenY means the property described in each Schedule,
together with all attachments, additions. accessions, parts, repairs, improvements, replacements and
substitutions thereto. (d) 'Lien' means any sewrity interest, lien, mortgage, pledge, encumbrance,
judgment, execution, attachment, war2nt, writ, levy, other judicial process or daim of any nature
whatsoever by or of any person.
3. LEASE TERM. The term of the lease of the Equipment described in each Lease ('Lease Term')
commences on the first date any of such Equipment is accepted by Lessee pursuant lo Section 5 hereoi
and, unless earlier terminated as expressly provided in the Lease, wntinues until Lessee's payment and
perfortnance in full ot all of Lessee's obligations under the Lease. �
4. RENT PAYMENTS.
4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments in the amounts and at ihe
times as set forth in the Schedule A-1 attached to lhe Schedule ("Rent Payments'). A portion of each
Rent Payment is paid as and represents the payment oi interest as set forth in the Schedule A-1. Rent
Payments will be payable for the Lease Term in U.S. dollars, without notice or demand at the office of
Lessor(or such other place as Lessor may designate from time to time in writing).
4.2 If Lessor receives any payment from Lessee aNer the due date, Lessee shall pay Lessor on
demand as a late charge five per cent (5%) of wch overdue amount, limited, however, to the mazimum
amount allowed by law.
4.3 EXCEPT AS SPECIFICALIY PROVIDED IN SECTION 6 HEREOF OR IN ANY WRITTEN
MODIFICATION TO 7HE LEASE SIGNED BY LESSOR, THE OBLiGATION TO PAY RENT PAYMENTS
UNOER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL
NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM,ABATEMENT OR RECOUPMENT
FOR ANY REASON WHATSOEVER.
5. DELIVERY; ACCEPTANCE; FUNDING CONDITIONS.
- 2 -
E05
5.1 Lessee shaA arrange for the transportation, delivery and insSallaGo� of all Equipment to the
location specified in the Schedule ('Location) by Equipment suppliers ('SuppGers') selected by Lessee.
Lessee shall pay all costs related thereto unless Lessor otherwise agrees to pay such costs as stated in
the Schedule.
5.2 Lessee shall accept Eq�ipment as soon as d has been del'rvered and is operational. Lessee
shao evidence its acceptance of any Equipment by signing and deiivering to Lessor the applicable
Schedule. If Lessee signs and detivers a Schedule and 'rf ail Fund�ng Conditions have been satisfied in
fu0, then Lessor wi➢ pay or wuse to be paid the costs of such Equipment as stated in ihe Schedule
('Purchase Price')to the applicable Suppfier.
5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable condkions
esiablished by Lessor ('Funding Conditions') have �been satisfied, induding, without limitation, �he
following: (a) Lessee has signed and delivered the Schedule and its Schedule A-1; (b)no Event of Defautt
shall have occurred arW be conlinuing; (c) no material adverse change sha0 have occurred in the Intemal
Revenue Code of 1986, as amended, and ihe related regufations and rulings thereunder(collectively,ihe
'Code'); (d) no material adverse change shall have occurted in the financial condition o! lessee or any
Supplier, (e)the Equipment is reasonably satistadory to lessor and is hee and clear o!any Liens(except
Lessor's Liens);(Q all representations of Lessee in the Lease remain trve,accurete and complete;and(g) �
Lessor has received atl of the following documents, which shall be reasonably satisfactory, in form and
substance, �to Lessor. (1) evidence of insurance coverage required by the Lease. (2) an opinion of
Lessee's counsel; (3) reasonably detailed invoices for fhe Equipment; (4) Uniform Commercial Code
(UCC) financing statements; (5) copies of resolutions by Lessee's goveming body, duly authorizing the
Lease and incumbency certifrcates for the person(s) who will sign the Lease; (6) such documents and
ceAificates relating to the tax-exempt interest payable under the Lease (nGvding, withovt funitation, IRS
Form 8038G or 8038GC) as Lessor may request and (7) such other dowments and infortnafion
previously identified by Lessor or othenvise reasonabty requested by Lessor.
6. TERMINATION fOR GOVERNMENTAL NON•APPROPRIATIONS.
' 6.1 For each Lease, Lessee represents and warrants: thatit has appropriated and budgeted
the necessary f�nds to make all Rent Payments required pursuant to such Lease for the remainder of Ihe
fiscal year in which the Lease Term commences; and that A intends to make Rent Payments for the full
Lease Tertn as scheduled on the app6cable Schedule A-t so long as funds are appropriated in each
fiscal year by its governing body. Lessee reasonaby believes that moneys in an amount suKcient to
make all Reni Payments wn and will lawfully be appropriated and made available therefor. All Rent
Payments shall be payable out of the general tunds ot Lessee or out of other funds legally available
therefor. Lessor agrees that the l.eases will not be general obligations o! Lessee and lhat the Leases
shall not constitute pledges ot either the fuil faith and aedit o£Lessee or fhe taxing power ot Lessee.
6.2 If Lessee's governing body tails to appropriate su�dent funds in any frscal year for Rent
Payments or other payments due under a Lease and if other funds are not available tor s�ch payments,
then a 'Non-Appropriation Event' shaG be deemed to have occurred. If a Non-Appropriation Eveni
ocwrs, then: (a) Lessee shall give Lessor immediate notice of such Non-Appropriation Event and provide
written evidence of such tailure by Lessee's governing body; (b) on the Retum Date, Lessee shali retum
to Lessor ali, bvt not less lhan all, of ihe Equipment covered by the aHected Lease, at lessee's sole
ezpense, in accordance with Sedion 21 hereof; and (c) the aHected Lease shall terminate on the Retum
Date without penatty or expense to Lessee, provided, that Lessee shall pay aq Rent Payments and olher
amoun:s payable under the aHected Lease for which fvnds shafl have been appropnated or are otherwise
available, provided funher, that Lessee shail pay month-to-month rent at the rate set forth in the afiected
Lease for each montn or part thereof that Lessee tails to retum ihe Equipment under this Section 6.2.
'Re:um Date' means the last day of ihe fiscal year for which appropriations were made for the Rent
Payments dve under a Lease.
7. NO WARRANTY BY LESSOR. The Equipment is sold "AS IS". LESSEE ACKNOWLEDGES
THAT LESSOR DID NOT MANUFACTURE THE EQUIPMENT. LESSOR DOES NOT REPRESENT
THE MANUFACTURER, OWNER, OR DEALER, AND LESSEE SELECTED THE EQUIPMENT BASED
UPON LESSEE'S OWN JUDGMENT. LESSOR MAKES It0 WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR OTHERWISE OR AS TO THE EQUIPMENT'S VALUE, DESIGN, CONDITION, USE, CAPACITY OR
- 3 -
E05
DURABILITY. LESSEE AGREES THAT REGARDLESS OF CAUSE, LESSOR IS NOT RESPONSIBLE
FOR, AND LESSEE WILL NOT MA!(E ANY CLAIM AGAINST LESSOR FOR, ANY DAMAGES,
WHETHER CONSEQUENTIAL, DIRECT, SPECIAL OR INDIRECT INCURRED BY LESSEE IN
CONNECTION WI7H THE E�UIPMENT OR THIS MASTER LEASE — LEASE PURCHASE
AGREEMENT. NERHER THE MANUFACTURER, THE DEALER, NOR ANY SALESPERSON,
EMPLOYEE OR AGENT OF THE DEALER OR MANUFACTURER, IS LESSOR'S AGENT OR HAS
ANY AUTHORITY TO SPEAK FOR LESSOR OR TO BIND LESSOR IN ANY WAY. For and during the
Lease Term, Lessor hereby assigns to Lessee any manufacturer's or Supplier's product warranties,
express or impGed, applicable to any Equipment and Lessor authorizes Lessee to obtain the customary
services furnished in connedion with such warranties at Lessee's sole expense. Lessee agrees that (a)
all Equipmenl will have been purchased by Lessor in accordance wBh Lessee's specifications from
Suppliers seleded by Lessee, (b) lessor is not a manutadurer or dealer of any Equipmeni and has no
liability for the delivery or installation of any Equipment, (c) Lessor assumes no obliga�on with resped lo
any manufacturer's or Supplier's product wartanties or guarenties, (d) no manufaciurer or Supplier or any
represenWtive of said parties is an agent ot Lessor, and (e) any wartanty, representation, guaranty or
agreement made by any manufaUurer or Supplier or any representative of said parties shall not be
binding upon Lessor.
8. TITLE; SECURITY INTEREST.
8.1 Upon Lessee's acceptance of any Equipment under its Lease, title to the Eq�ipment shall
vesl in Lessee, subject to Lessor's security interest therein and all of Lessor's other rights under such
Lease including,without limitation. Sections 6, 20 and 21 hereof.
8.2 As collateral security for ihe Secured Obligations, Lessee hereby grants to Lessor a first
priority security interest in any and all oi the Equipment (now existing or hereafter acquired) and any and
all proceeds thereof. Lessee agrees to execute and deliver to Lessor all necessary documents to
evidence and perfect such security interest, including, withoui limifation, Unifortn Commercial Code
(UCC)financing statements and any amendments thereto.
8.3 'Secured Obligations' means Lessee's obligations to pay all Rent Payments and all other
amounts due and payable under ail present and future Leases and to perform and observe all covenants,
agreements and conditions (direcl or indireG, absolute or contingent, due or to become due, or existing or
hereafler arising)of Lessee under all present and future Leases.
9. PERSONAL PROPERTY. All Equipment is and will remain personal property and will nol be
deemed to be affuced or attached to real estate or any building thereon.
10. MAINTENANCE AND OPERATION. Lessee agrees it shall, al its sole expense: (a) repair and
maintain all Equipment in good condition and working order, in accordance with manufacturer's
instrudions, and supply and install all replacement parts or other devices when required [o so maintain
the Equipment or when required by appllcable law or regulation, which parts or devices shall
automatically become part of the Equipment; and (b) use and operate all Equipment in a careful manner
in the normal course of its operations and only for the purposes for which il was designed in accordance
with the manufacturer's warranty requirements, and comply with all laws and regulations relaling to the
Equipment. If any Equipment is customarily covered by a maintenance agreement, Lessee will fumish
Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or
other service for any Equipment will be provided by Lessor. Lessee will not make any alteretions,
adtlitions or improvements ('Improvements') to any Equipment without Lessor's prior written consent
unless the Improvements may be readily removed withoui damage to the operelion, value or utility of
such Equipment, but any such Improvements not removed prior to the termination of the applicable Lease
shall automalically become part of the Equipment.
17. LOCA710N; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its
permanent base will not be changed from, the Location without Lessor's prior written consent which will '
not be unreasonably wiihheld. Upon reasonable notice to Lessee, Lessor may enter the location or
elsewhere during normal business hours to insped the Equipment.
72. LIENS, SUBLEASES AND TAXES. .
-4 -
E05
12.1 Lessee shall keep all Equipment free a�d dear of all Liens except those Liens ueated under
Bs Lease. Lessee shall not sublei or lend any Equipment or permit it to be used by anyone other than
Lessee or Lessee's employees.
72.2 Lessee shall pay when due all Taxes wiuch may now or hereaHer be imposed upon any
Equipment or its ownership, leasing, rental, sale, purchase, possession or use, upon any Lease or upon
any Rent Payments or any other payments due under any Lease. If Lessee fails to pay such Taxes when
due, Lessor shall have the right, bui not the obligation, to pay such Taxes. If Lessw pays any su�h
Ta�ces, then Lessee sha0, upon demand. immediatety reimburse Lessor therefor. 'Taxes'means present
and fu:ure taxes, levies, duties, assessments or o�er qovemmental rharges that are not based on the
net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, withoui
limitation (a) sales, use,excise, licensing, registration, titling, gross receipts, stamp and personal property
taxes, and(b)interest, penalties or fines on any of the foregoing.
13. RISK OF LOSS.
13.1 Lessee bears the entire risk of loss, thefi, damage or destruttion of any Equipment in whWe
a in part from any reason whaisoever ('Casualry Loss"). No Casualty Loss to any Eqvipment sha17
relieve Lessee from the obligation to make any Rent Payments or to pertorm any other obligation under
any Lease. Proceeds of:any insurance recovery will be applietl to Lessee's obligations under this Section
13.
132 If a Casualiy Loss occurs to any Equipment, Lessee shall immediately nolify Lessor of the
same and lessee shall, unless otherwise direded by lessor,immedialely repair the same.
73.3 If Lessor de;ertnines that any iiem of Equipment has suffered a Casualry Loss beyond repair
('Lost EquipmenY), then Lessee shail either (a) immediately replace the Lost Eqvipment wilh similar
equipment in good repair, condition and working order free and Gear of any Liens (except Leswr's Liens)
and deliver to Lessor a bill of sate covering the replacement equipment, in which event s�ch replacement
equipment shall automatically be Equipment under the app6cable lease: or (b) on the next scheduled
Rent Payment date, pay Lessor (i) all amounts owed by Lessee under the appliwble Lease, including the
Rent Payment due on such dale plus (ii) an amount equal to the appficable Termination Value set forth in
the Payment Schedute to the applicable Lease. If Lessee is making such payment with resped to less
than all of the Equipment under a Lease, then Lessor wll provide Lessee vriih the pro raia amount of the
Rent Payment and Termination Value to be paid by Lessee with respect to the Lost Equipment.
13.4 Lessee shall bear the risk of loss for, sfiall pay directly, and shall defend against any and a0
daims, liabilities, proceedings, aciions, expenses pnduding reasonable attomey's tees), damages or
losses arising under or related to any Equipment,inGuding, but not limiied to, the possession,ownership,
lease, use or ope2tion Ihereot. These obligations ot Lessee shall survive any expiration or fermination of
any Lease. Lessee shall not bear the risk of loss of, nor pay tor, any daims, liabilities, proceedings,
actions, expenses (induding attomey's tees), damages or losses which arise diredly from events
occurting after any Equipment has been returned by Lessee to Lessor in accordance with the terms of the
applipble Lease or which arise directly from ihe gross negfigence or wiilful misconduct of Lessor.
14. INSURANCE.
54.5 (a) Lessee at its sole expense shall at a0 limes keep all Equipment insured against a� risks
of loss or damage from every cause whatsoever for an amo�nt noi less than the Termination Value of the
Equipment. Proceeds of any such insurance covering damage or loss of any Equipment shall be payable
to Lessor as loss payee. (b) The To:al Amount Financed as set fonh on the Schedule A-1 does not
inGude the paymeni of any premium tor any liabiliiy insurence coverage tor bodily injury and/or propeRy
damage caused to others and no such insurence wi�l be purchased by Lessor. (c) Lessee at its sWe
expense shall at al! times carry pvblic liability anC property damage insurance in amounts reasonably
satisfactory to Lessor protecting Lessee and Lessor from tiabilities for injuries to persons and damage to
property of others relating in any way to any Equipment. Proceeds of any such public liabdity or property
insurance shall be payable first to lessor as additional insured to ihe extent ot its liability, and then to
Lessee.
542 All insurers shall be reasonahfy satistactory to Lessor. lessee shall promptly deliver to
Lessor salistaciory evidence of required insurance coverage and all renewals and replacements thereof.
- 5 -
E�
Each insurance policy will require�that the insurer give Lessw at least 30 days prior wrinen notice of any
cancellation of such policy and will require that Lessor's interests remain insured regardless of any act.
error, misrepresentatio�, omission or negled of Lessee. The insurence maintained by Lessee shaA be
primary without any right of conVibuiion from insurance which may be maintained by Lessor.
�5. PURCHASE OPTION. Upon thirty (30)days prior written notice by Lessee to Lessor, and so long as
there is no Event oi �efaull then existing, Lessee shall have the option to purchase all, but not less than
all, of the Equipment covered by a Lease on any Rent Payment due date by paying to Lessor all Renf
Payments then due(including accrued interest, if any) plus the 7ermination Vaiue amount set forth on the
Payment Scheduie to the applicable Lease for such tlate. Upon satisfaction by Lessee of such purchase
conditions, Lessor shall release its Lien on such Equipment and Lessee shall retain iis tille to such
Equipment 'AS-IS, WNERE-IS,'without representation or warranty by Lessor, express or implied, except
for a representation that such Equipment is free and clear oi any Liens created by Lessor.
16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its
Eq�ipment, Lessee hereby represents and warrants to Lessor that:
(a) Lessee has full power, authority and legai nght to execute and deliver the Lease and to
perform its obligations under the Lease, and all such actions have been duly authorized by appropriate
findings and actions of lessee's governing body;
(b)lhe Lease has been duly executed and delivered by Lessee and constitutes a legal, valid and
binding obligation of Lessee, en4orceable in accordance with its terms;
(c) the Lease is authorized under, and the authorization, execution and delivery of the Lease
complies with, all applicable federal, state and local laws and reguialions (including, but not limited lo, all
open meeting, public bidding and property acquisition laws) and all applicable judgments and court
orders;
(d)the execution, delivery and performance by Lessee of its obligations under the lease will not
result in a breach or violation oi, nor wnstitute a default under, any agreement, lease or other instrument
to which Lessee is a party or by which Lessee's properties may be bound or affeded;
(e)there is no pending, or to the best of Lessee's knowledge threalened, litigation of any nature
which may have a material adverse eftect on Lessee's ability to peAorm its obligations under the Lease;
and
(� Lessee is a state, or a political subdivision thereof, as referted to in Section 103 of the Code,
antl Lessee's obligation under the Lease constitutes an enforceable obligation issued on behalf ot a sWte
w a political subdivision thereof.
17. TAX COVENANTS. Lessee hereby covenants and agrees that:
(a) Lessee shall comply wifh all ot the requirements oi Section 149(a) and Section 749(e) of the
Code, as the same may be amended from time to time, and such compliance shall include, buf not be
limiled to, keeping a complete and accurate record of any assignments of any Lease and ezecuting and
filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other information
statemenis reasonably requested by Lessor;
(b) Lessee shall not do (or cause to be done) any ad which will cause,or by omission of any act
allow, any Lease lo be an'arbitrage bond'within the meanirg of Section 1a8(a)of the Code or any Lease
to be a'private activity bond'within the meaning of Sedion 141(a)ot the Code; and
(c) Lessee shall not do (or wuse to be done) any ad which will cause, or by omission of any act
allow, the interest portion of any Rent Payments to be or become indudable in gross income for Federal
income taxation purposes under tfie Code.
(d) If Lessor either (i) receives notice, in any form, from the IRS; or (ii)reasonably determines,
based on an opinion ot independent tax counsel selected by Lessor and approved by Lessee, which
approval Lessee shall not unreasonably withhold, that Lessor may not ezdude the interest component of
- 6 - •
E05
any Rent Payment under a Tax-Exempt Lease from federal gross income because Lessee breached a
covenant contained herein, then Lessee shall pay to Lessor, within thirty(30) days after Lessor notfies
Lessee of such determination, the amount which, with respect to Rent Payments previously paid and
taking into account all penalties, fines, interest and additions to lax {induding aQ federaf, state and local
taxes imposed on the interest component oi all Reni Payments under such Tax-Exempt Lease due
through the date of such event) that are imposed on Lessor as a result ot the loss oT the exGusion, wiil
restore to Lessor the same after-tax yield on ihe lransaction evidenced by such Ta�c-Exempt Lease
(assuming tax at the highest marginal corporate tax rate)that it would have realiZed had the exdusion not
been lost. Additionally. Lessee agrees that upon ihe occurrence oi such an event wiih respect to a
Tax-F�cempt Lease, it shall pay additronal rent to Lessor on each succeeding Rent Payment due date in
such amount as vrill maintain such after-tau yield to Lessor. Lessor's detertnination of the amount
necessary to mainiain its after-tau yield as provided in this subsection (b) shall be conclusive (absent
manifest ertor). Notwithstanding anything in a Tax-Exempt Lease to the contrary, any payment that
Lessee is required to make pursuant to lhis su6section (b) shall be made only from Legalty Available
Funds.
18. ASSIGNMENT.
18.1 Lessee shall not assign, Vansfer, pledge, hypothecate, nor grant any Lien on, nor otherv✓ise
dispose of,any Lease or any Equipment or any interest in any Lease or Equipment.
182 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or
may grant or assign a sewrity interest in any Lease and its Equipment, in whole or in paR, to any party at
any time. Any such assignee or lien holder(an'Assignee) shall have all of the righis of Lessor under the
applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST ANY ASSIGNEE ANY CLAIMS,
ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER SIMILAR
DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in
writing, any such assignment transaction shall not release Lessor from any of Lessor's obiigations under
tFie applicable Lease. M assignment or reassignment of any of Lessors right, title or interest in a Lease
or its Equipment shall be enforceable against Lessee only aRer Lessee receives a written notice of
assignment which disdoses the name and address of each such Assignee. Lessee shall keep a
wmplete and accurate record of all such assignments in the fortn necessary to comply vrith Section
749(a)o!the Code. Lessee agrees io acknowledge in wriling any such assignments if so requested.
18.3 Each Assignee of a Lease hereby agrees ihat: (aj the term Sewred Obtigations as used in
Section 8.3 hereof is hereby amended to include and apply to all obligations oi Lessee vnder ihe
Assigned Leases and to exclude the obiigations of Lessee under any Non•ASSigned Leases; (b) said
Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non•ASSigned
Leases; and (c) Assignee shall exercise its rights, benefits and remedies as the assignee o( Lessor
(induding, without limitation, the remedies under Section 2U of fhe Master Lease) solely with resped to
the Assigned Leases. 'Assigned Leases' means only those Leases which have been assigned to an
Assignee pursuan; to a written agreement; and 'Mon-ASSigned Leases' means all Leases exduding the
Assigned Leases.
18.4 Subjed to the foregoing, each Lease inures to the benefit of and is binding upon the heirs,
executors, administrators, successors and assigns of Ihe parties hereto.
79. EVENTS OF DEFAULT. For each Lease, 'Eveni oi DetaulY means the occurrence of any one or
more of the toliowing events as they may relate to such Lease: (a) lessee fails to make any Rent
Payment (or any other payment) as it becomes due in accordance wiih the terms of the Lease, and any
such failure wntinues for ten (10) days after the due date thereof; (b) Lessee fails to perfortn or observe
any o! its obligafions under Seclions 12.1, 74 or 18.7 hereof; (c) Lessee fails to perfortn or observe any
other covenani, condition or agreement to be peAormed or observed by it under the Lease and such
fadure is not cured within thirty (30) days aker receipt o! written notice thereof by Lessor; (d) any
statement, representaGon or warranry made by Lessee in the Lease or in any writing delivered by lessee
pursuant thereto or in connection therewith� proves at any time to have been faise, misleading or
erroneous in any material resped as of the time when matle; (e) Lessee applies for or consents to the
appointment of a receiver, trvstee, conservator or liquidator ot Lessee or of all or a substantial part ot its
- � -
E05
assets, or a petition fa relief is filed by Lessee under any federel or state bankruptcy, insolvenq or
similar law,or a petition in a proceeding under any federal or state bankruptcy, insolvenq or similar law is
filed against Lessee and is not dismissed within sixty(60) days thereafter; or(� Lessee shall be in default
under any other Lease or under any other financing agreement executed at any time with Lessor.
20. REMEDIES. If any Event of De`autt occurs,then Lessor may,at its oprion, exercise any one or more
of the following remedies: � � � _ -
(a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then
curtently due under all Leases and all remaining Rent Payments due under all Leases during the fiscal
year in effect when the defautt occurs logether with interest on such amounts at the highest lawful rate
from the date of Lessor's demand for such payment. ,
(b) Lessor may require Lessee to promptly return all Equipment to Lessor in the manner set forth
in Section 21 (and Lessee agrees that it shall so return the Equipment), or lessor may, at its option, enter
upon the premises where any Equipment is located and repossess such Equipment vn;hout demand or
notice,withoul any court order or other process of law and withoul liabili[y for any damage occasioned by
suchrepossession;
(c) Lessor may sell, lease or otherwise dispose of any Equipment, in whole or in part, in one w
more public or private iransactions, and if Lessor so disposes of any Equipment, then Lessor shall retain
ihe entire proceeds of such disposition free oi any claims of Lessee, providetl, that the net proceeds oi
any such tlisposition shall be applied to amounts payabte by Lessee under clause (a) above of this
Section only to the extent that such net proceeds exceed the applicable Tertnination Value set forth in the
appiicable Schedule A-1; .
(d)Lessor may terminate, wncel or rescind any Lease as to any and all Equipmenk
(e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor
under applicable law or, by appropriate court action at law or in equity, Lessor may enforce any ot
Lessee's obligations�nder any Lease;and/or
. (� Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs
and expenses incurred by Lessor as a result (diredly or indirectly) of the Event of Default and/or of
Lessor's actions under this section, including, without limitation, any attorney fees and expenses and any
costs related to the repossession, safekeeping, slorage, repair, recondi[ioning or disposition of any
Equipment. �
None of lhe above remedies is exclusive, but each is cvmulative and in addition to any other remedy
available to Lessor. Lessor's exercise of one or more.remedies shall not preGude its exercise of any
other remedy. No delay or tailure on the paA of Lessor to exercise any remedy under any Lease shall
operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or partial exercise
of any remedy prec�ude any other exercise thereof or the exercise of any other remedy.
21. RETURN OF EQUIPMENT. If Lessor is entitled under the provisions of any Lease, including any
tertninaGon thereof p�rsuant to Sections 6 or 20 of this Master Lease, to obtain possession of any
Equipment or if lessee is obtigated at any time to return any Equipment, then (a) title to the Equipment
shall vest in Lessor immediately upon Lessors notice thereof to Lessee, and (b) Lessee shall, ai its sole
ezpense and risk, immediately de-install, disassemble, pack, crate, insure and retum the Equipment to
Lessor (alI in accordance with applicabte indusiry standards) at any location in the continental United
States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee
(reasonable wear, tear and depreciation resulting from normal and proper use excepted), shail be in good
operating order and maintenance as required by the applicable Lease, shall be free and clear of any
Liens (except Lessor's Lien) and shail comply with all applicable laws and regulations. Until Equipment is
retumed as required above, all terms of the applicable Lease shall remain in full force and effed
including, without limitation, obligations to pay Rent Payments and to insure the Equipment. Lessee .
agrees to execute and deliver to Lessor all documents reasonably requesied by Lessor to evidence the
transfer of le9al and beneficial title to such Equipment to Lessor and to evidence lhe termina:ion of
Lessee's interest in such Equipment.
- 8 -
E05
22. LAW GOVERNING. Each Lease shall be govemed by the laws of the state of the lessee (The
"State").
23. NOTICES. AO notices to be given under any Lease shall be made in writing and eiiher personalty
� deGvered or maited by certified mail to the other party at its address set forth herein or at such address as
the party may provide in writing from time to time. My such notices shall be deemed to have been
received frve (5) days subsequenl to mailing if sent by regular or certified mail, or on the nezt business
day i!sent 6y ovemight courier, or on the day of delivery'rf delivered persona0y.
24. FINANCIAL INFORMATIOM; INDEMNITY; POWER OF ATTORNEY. WAhin thirty(30)days of their
completion in each fiscal year of Lessee during any Lease Term, Lessee wi0 deliver to Lessor upon
lessor's request the publidy available ann�al financial information of Lessee. To ihe ex;ent pertnit[ed by
law, Lessee shall indemnify, hold harmless and, if Lessor requesis, detend Lessor and i[s shareholders,
affiliates, employees, dealers and agents against all Claims direcUy or irWirectly arising out of or
conneded with (a) the manufacture. installation, use, lease, possession or detivery of the Equipment, (b)
any defects in the Equipment, any wrongful ad or omission of Lessee, or its employees and agents,or(c)
any daims of alleged breach by Lessee of this Masier Lease or any relaied dowment 'CWims' means
all losses, liabilities, damages, penalties, expenses (induding attorney's fees and costs), Gaims, actions
and svits, whe?her in contrad, lort or otherv+ise. Lessee hereby appoints lessor its true and lawtul
attomey-in-tact (wiih f�ll power ot substBution) to prepare any instrument, certifiwte oi title or financing
statemeni wvering the Equipment or otherwise proteciing Lessofs inieresl in the Equipmeni, to sign
Lessee's name wdh the same force and effec[ as rf signed by Lessee, and to file same at the proper
location(s); and make claims for, receive payment of, and execute and endorse all documents,checks or
drefts for loss, thett,damage or destruCion to the Equipment under any insurence.
25. ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE lAW COMPLIANCE.
Lessee represents and warrants to Lessor, as of the date oi fhis Master Lease, the date of each
advance of proceeds pursuanl to this Masier Lease, the date of any renewal, extension or modification of
this Master Lease �w any Lease, and at all times until this Master Lease and each Lease has been
terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i)
is a SancGoned Person; (ii) has any of its assets in a Sanctioned Country or in the possession, custody or
control o! a Sanctioned Person; a (iii) does business in or with, or derives any of its operating income
from investments in or transactions with,any Sanctioned Country or SanMioned Person in violalion of any
law, regvlation, order or directive enforced by any Comptiance Authority; (b) the proceeds of any Lease
will not be used to fund any operations in,finance any investments or aUivities in, or,make any paymenis
to, a Sandioned Country or Sanctioned Person in vioWtion of any taw, reguWtion, order or directive
enforced by any Compliance Authority; (c) the funds used to repay any Lease are not derived from any
unlawful aclivity; and (d) each Covered Entity is in compliance wiih, and no Covered Entity engages in
any dealings or transactions prohibited by, any laws of the United Slates, inGUding but not I'united to any
Anti-Terrorism Laws. Lessee covenants and agrees lhat it shall immediately notify Lessor in writing upon
the occurrence of a Reportable Compliance Event.
As used herein: 'Anfi-Terrorism Laws' means any laws relating to terrorism, trade sanc6ons
programs �and embargoes, imporVexport licensing, money laundering, or bribery, a[I as amended,
supplemented or repWced from time to time; 'Compliance Authority' means each and afl ot the (a) U.S.
Treasury DepartmenUOffice of Foreign Assets Gontrol, (b) U.S. Treasury DepartmenUFinancial Crimes
Enforcement Network, (c) U.S. State DepartmenVDirectorete of Defense Trade Controls, (d) U.S.
Commerce DepartmenUBureau ot IndusVy and Security, (e) U.S. Intemal Revenue Service, (� U.S.
Justice Department, arM (g)U.S. Sewrities and Exchange Commission; 'Covered Entity' means Lessee,
its aYliates and subsidiaries, all guaraniors, pledgors o4 collateral, all owners of the foregoing, and a0
brokers or other agents ot Lessee aciing in any capacity in connection with this Master Lease or any
Lease; 'Reportable Compliance Event'means that any Covered Entity becomes a Sanctioned Person, or
is indided, artaigned, investigated or custodiaily deiained, or receives an inquiry trom regulatory or law
enforcement oKdals, in conneIXion with any Anti-7errorism Law or any predicate crime to any Mti-
Terrorism Law, or self-discovers facts or circumstances implira5ng any aspect ot its operations with the
acfual or possble violation of any Anti-Terrorism law; 'Sanctioned Couniry' means a coun'.ry subjecl to a
sanctions program maintained by any Gompliance Authority; and 'Sanctioned Person' means any
individual person, group, regime, entity or thing listed or otherwise recognized as a specialiy designated,
prohibited, sanctioned or debarred person or entity, or subjeci lo any limiations or prohibitions (inGuding
- 9 -
E05
but not limited to the blocking ot property or rejection of trensac[ions), urWer any order or direc6ve ot any
Compliance Authority or otherwise subjed to, or specially designated under, any sanciions program
maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE
To help ihe 9ovemment fight the funding oi terrorism and money laundering activities. Federal !aw requires
all financial institutions to obtain, verify and record iniormation that identifies each lessee that opens an
account What this means: when Lessee opens an account, Lessor will ask for the bvsiness name,
business address, taxpayer identifying rwmber and o�er infortnation that wiil allow Lessor to identify
Lessee, such as organizational dxuments. For some businesses arM organ¢ations, Lessor may also need
to ask tor identitying information and dxumentation relating to certain individuals associated with the
business or organization. -
27. SECTION HEADINGS.All section headings contained herein or in any Schedule are for convenience
of reference only and do not define or limit the scope of any provision of any Lease.
28. EXECUTION IN COUNTERPARTS. Each Schedule to this Master Lease may be executed in
several counterparts, each.of which shall be deemed an original, but all o`which shall be deemed one
instrument. Onty one counterpart of each Schedule shall be marked 'Lessor's Original' antl all other
counterparts shall be deemed duplicates. An assignment of or security interest in any Schedule may be
created through transfer and possession only of the counterpart marked'Lessor's Originai.'
29. ENTIRE AGREEMENT;WRITTEN AMENDMENTS. Each Lease, together with the exhib@s attached
thereto and made a part hereof and other attachments thereto, and other documents or instruments
ezecuted by Lessee and Lessor in connedion therewith, constitute the entire agreement behveen the
parties with respect to the lease oi the Equipment covered thereby, and such Lease shall not be modified,
amended, altered, or changed except with the written consent of Lessee and Lessor. �Any provision of
any Lease found to be prohibited by law shall be ineffective to the eztent of such prohibition without
invalidating the remainder of the Lease. �
30. HEAW-DUTY VEHICLE GREENHOUSE GAS EMISSION REDUCTION REGULATION. .
(a) If the equipment leased pursuant to the Lease is a tractor, the Lessee of this heavyduty
tractor understands that when using a heavy-duty tractor to pull a 53-foot or.longer box-type trailer on a
highway within California, the heavy-duty tractor must be compliant with sections 95300-95372 title 17
Califomia Code of Reoulations, and lhat it is tne responsibility of ihe Lessee to ensure this heavy-duty
tractor is compliani. The regulations may require this heary-duty tredor to have bw-rollinq-resistance
tires that are U.S. Environmental Protection Agency (U.S. EPA) SmartWay Verified Technologies prior to
curtent or future use in California, or may entirely prohibii use of this tractor in Calitomia if it is a model
year 2051 or later t2ctor and is not a U.S. EPA SmartWay Certified Tractor.
(b) It the equipment leased pursuaM to the Lease is a treiler, the Lessee of this box-type trailer
understands ihat when using a heavy-duty tractor to pull a 53-foot or longer box-type trailer on a highway
within Calitomia, the box•type trailer musl be compliant with sections 95300-95312. tiile 77 California
Code of Reaulations, and that il is the responsibility of the Lessee to ensure this box-type trailer is
compliant. The regulations may require this trailer to have low-roiling-resislance tires and aerodynamic
technologies that are U.S. Environmental Protection Agency SmartWay Verified Technologies prior to
current or future use in Cafifornia.
(c) Nohvithstanding any[hing in the Lease to the contrery,tne Lease does not prohibit the Lessee
from modifying the trailer,at Lessee's cost,to be compliant w6h the requirements oi the Califomia Heavy-
Duty Vehicle Greenhouse Gas Emission Reduction Regulation.
3�. IMPORTANT INFORMATION A80UT PHONE CALLS. By providing telephone number(s) to
Lessor, now or at any later time. Lessee authorizes Lessor and its affiliates and designees to contaG
Lessee regarding Lessee account(s) with Lessor orits affiliales, whether such accounts are Lessee
individual accounts or business accounts for which Lessee is a contact, at such numbers using any
means, including but not limited to placing calls using an automated dialing system to cell. Vol? or other
wireless phone number, or leaving prerecorded messages or sending teul messages, even if charges
- 10 -
E05
may be inwrred for the calls or text messages. Lessee consents that any phone ca0 with Lessor may be
monitored or recorded by Lessor.
Citv of Chula Vsia PNC Equipment Finance, LlC ('Lessof)
('Lessee')
By: By:
Gary Halbert
Tdle:Citv Manaqer TiUe
276 Fourth Ave 155 East Broad Sneet, B4-8230-OS-7
Chula Vista, CA 97970 Columbus, OH 43215
Citv of Chula vista
(Attorney)
by:
Carol ^rujillo
Title:DeDUtY CitY Attornev
_ �� _
E28
LEASE SCHEDULE NO. 193978000
Dated As Of November 17, 207 5
This Lease Schedule (this 'Schedule') is attached and made a part oi the Masler Lease-Purchase
Agreement reterenced below, together with all exhibits, schedules, addenda, and other attachmenis thereto,
executed by Lessee and Lessor (the 'lease'). Unless olhervvise defined herein, capitalized terms will have the
same meaning ascribed to ihem in the Master Lease. All terms and wnditions of the Master Lease are .
incorpora[ed herein by reference. To the extent i�at ihere is any confliC, between the terms of ihe Lease and
this Schedule,the terms of this Schedule shall control. �
Master Lease-Purchase Agreement dated November 77, 2015
1. E�UIPMENT DESCRIPTION. As used in Ihe Lease, 'Equipment' means all of the property described in
Schedule A-1 atlached to this Schedule and all attachments, addiGons, accessions, parts, repairs,
improvements, replacements and subslitutions thereto.
2. RENTAL PAYMENTS; LEASE TERM. The Rental Payments to be paid by the Lessee to Lessor, the
commencement date thereot and the lease term of this Lease Schedule are set forth on the Schedule A-5
attached to this lease Schedule.
3. ESSENTIAL USE; CURRENT INTENT OF LESSEE. Lessee represents that the use of the Equipment is
essenfial to Lessee's proper,efficient and economic functioning or to the services that lessee provides to its
citizens and the Equipment wilt be'used by Lessee onty for the purpose oi performing i�s governmental or
proprietary funUions consistent with the permissible scope of ds auihoriry. Lessee currently intends for the
full Lease Tertn: to use the Equipmenk to continue this Lease; and (if applicahle)to make Rent Payments if
funds are appropriated in each fiscai year by its governing body.
4. ACCEPTANCE OF EQUIPMENT. AS BETVJEEN LESSEE AND LESSOR. LESSEE AGREES THA7 (A)
LESSEE HAS RECEIVED AND INSPECTED ALL EQUIPMENT; (B) ALL EQUIPMENT IS IN GOOD
WORKING ORDER AND COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND
SPECIFICATIONS; (C) LESSEE ACCEPTS ALL EQUIPMENT FOR PURPOSES OF 7HE LEASE "AS-IS,
WHERE IS';AND(D)LESSEE WAIVES ANY RIGHT TO REVOKE SUCH ACCEPTANCE.
5. BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED
TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE, THAT IT HAS
NOT DESIGNA7ED MORE THAN 510,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT
OBLIGATIOMS IN ACCORDANCE WI7H SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND
THAT IT REASONABLY ANTICIPATES THAT THE 70TAL AMOUNT OF TAX-EXEMPT OBLIGATIONS
TO 6E ISSUED BY LESSEE DURING 7HE CURRENT CALENDAR YEAR WIIL NOT EXCEEO
$10,000,000. .
6. RE-AFFIRMATION OF THE MASTER LEASE-PURCHASE AGREEMENT. Lessee hereby re-a�rms all ot
its representations, warranties and ohligations under the Master Lease Purchase Agreement (including,
without limitation, its oblfgation to pay all Rental Payments, its disGaimers in Sedion 7 ihereof and its
representalions in Sedion 6.5 and 16 thereo�. �
CBv of Chula Vista PNC Equipment Finance, LLC('Lessor'j
('Lessee')
By: ey
Gary a ert
Title:CitV Manaaer Title:
Citv of Chula Vista
(Attorney) '
By:
Caro1 Trujillo
Title:DequtV CitY AttOraeY
E28
Schedule A-1
1. EQUIPMENT LOCATION 8 DESCRIPTION:
CBy of Chuia Vista
605 Mt. Miguel Road,Chula Vs:a,CA 91974 -
7640 Santa Venetia,Chula Vista, CA 97913
San Diego County
2076 Pierce Artow XT Triple Combination Pumper VIN�
2076 Pierce Arrow XT Tripte Combination Pumper VINk
2. LEASE PAYMENT SCHEDULE.
(a) Accrual Date: 57.285.052.75
(b) Amount Financed:
i. Eq�ipmeniPurchasePrice 51.237.�59.37
i. Sales Tax 5 4 t .aa
ii. Purchase Price Oeduction 50.00
Prepay Discounts 547.000.00
Tradeln 50.00
iii. Total Amount Financed(Cash Sale Price minus • 51.285.052.75
Purchase Price Dedudions)
E28
(c) Payment Schedule:
Accrual Date: November�7 2015
Rent Payment Rent Payment Rent Payment Interest Termination
Number Date Amount ?ortion Principat Portion Value
1 11/17/2016 152,189.03 41,121.69 111,067.34 1,209,204.9I
2 11/1�/2017 152,189.03 37,567.53 114,621.50 1,091,144.83
3 11/17/2018 152,189.03 33,899.65 118,289.38 969,306.77
4 11/17/2019 152,189.03 30,11438 122,074.65 843,569.88
5 11/17/2020 152,189.03 26,208.00 125,981.03 713,809.42
6 11/17/2021 152,189.03 22,176.60 130,012.43 579,896.61
7 11/17/2022 152,189.03 18,016.21 134,172.82 441,698.61
8 11/17/2023 152,189.03 13,722.68 138,46635 299,078.27
9 11/17/2024 152,189.03 9,291.75 142,897.28 151,894.07
10 il/17/2025 152,189.03 4,719.06 147,469.97 1.00
Cftv of Chula Vista PNC Equipment Finance, LLC
('Lessee') ('Lessor)
ey: By:
Gary Halbert
Tiite: City Nanaqer Title:
CitY of Chula Vista
(Attorney)
By:
Carol Trujillo
Title:DeAUtY CitY Attorney
es
VEHICLE SCHEDULE ADDENDUM
Dated As Of November 17. 2015
Lease Schedule No. 193978D00 Dated November 17. 2015
Lessee: Citv of Chula Vista
Reference is made to the above Lease Schedule ('Schedule') to the Master Lease-Purchase
Agreemeni iden�ed in the Lease Schedule ('Master �ease') by and between PNC Equipment Finance,
lLC ('Lesso(') and Ihe above Lessee ('Lessee'). This Addendum amends and modifies the ierms and
conditions ot ihe Schedule and is hereby made a paA of the Schedule. Unless otherwise defined herein,
capitalized terms defined in the Masier Lease shall have the same meaning when used herein.
NOW THEREFORE, as part of the valuable consideraiion to induce the exewUon of the
Sched�le, Lessor and Lessee hereby agree[o amend the Schedule as follows:
t. In the event that any unit oi Equipment covered by the Schedule is a vehicle or trailer under
appliwble State law, then the following provisions shall also apply to the Schedule to the extent pertnitted
by law,
(a) each manufacturer's statement of origin and ceAificate of title shall state that Lessor has the
first and sole lien on or security interest in such unit of Equipment
(b)the public liability and property damage insurance required by the terms of the paragraph liiled
'Insurance in the Master Lease shall be in an amount not less than S�.00O.OD0.00 per person insured and
52.000.000.00 combined single limit per unit per occurrence (provided, Nai if ihe unit of Equipment is a
bus or oiher passenger vehicle, Ihen such insurance amount shall be such larger amouni as may be
reasonahly required by Lessor)and 51.000.000.00 for damage to property of others;
(c) Lessee shaA fumish and permit only duly licensed, trained, safe and qualified drivers lo
operate any such unit of Equipment, and such drivers shatl be agenis o!Lessee and sha0 not be agents
of Lessor,and
(d) Lessee shall cause each such unit oi Eq�ipment to be duly registered and licensed as
required by appGcable State law with Lessor noted as 5en holder and Lessee as owner.
2. Except as expressly amended by ihis Addendum and other modifiwtions signed by Lessor.
the Schedule remains unchanged and in full force and eHed.
IN WITNESS WHEREOF, the parties hereto have execuied this Addendum as of the date first referenced
above.
Citv ot Chula Vsta PNC Equipmeni Finance, LLC
('Lessee) ('Lessor')
ay: sy:
Gary Has ert
Title: City Mar:�oer Title:
City o`_ Chula Vista
(Attorney)
By:
Carol "a'rujillo
Title:DeDUty CitY Manacer
Ed
RESOLUTION
Municipality/Lessee: Citv of Chula Vista .
Principal Amount Expecied To Be Financed: 51285.052.75
WHEREAS, the Municipality is a political subdivision oi the State in which Municipality is located (the
'State')and is duly organized and existing pursuani to ihe Constitution and laws of the State.
WHEREAS, pursuant to applicable law, the goveming body of the Municipality ('Goveming Body') is
auihorized to acquire, dispose of and ertcumber real and personal property, inGuding, without limitation,
rights and interesl in property, leases and easements necessary to the tunctions or operations of ihe
Municipality.
WHEREAS, the Governing Body hereby finds and tletermines that the execuGon of one or more Master
Lease-Purchase Agreements ('Leases') in the principal amounl not exceeding the amount slated above
for ihe purpose of acquiring the property ("EquipmenY) lo be described in the teases is appropriate and
necessary to the functions and operalions of the Municipality.
WHEREAS, PNC Equipment Finance, LLC ("Lessor) shall act as Lessor under said Leases.
NOW,THEREFORE, Be It Ordained by the Governing Body of the Municipality:
SeUion 1. Either one of the OR (each an
'Authorized Representative')adin9 on behalt of ihe Municipality, is hereby authorized to negotiate, enter
into, execute, and deliver one or more Leases in substantially the fortn set forth in the document presently
before the Governing Body, which dxument is available for public inspection at the office of the
Municipality. Each Authorized Representative acting on behalf of the Municipality is hereby authorized to
negoliate, enter into, exec�te, and deliver such other dowments relating to the Lease as the Authorized
Representative deems necessary and appropriate. Afl other related contracts and agreements necessary
and incidental to the leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized
Representative may designate specifically identified officers or employees of the Municipality to execute
and deliver agreements and documents relating to the Leases on behalf of lhe Municipality.
Section 3. The aggregate original prirxipa� amouni of the Leases shall not exceed the amount stated
above and shall bear interest as set forth in ihe Leases and the Leases shall contain such options to
purchase by the Municipality as set forth therein.
Section 4. The Municipality's obligations under the Leases shall be subject to annual appropriation or
renewal by the Governing Body as set forih in each Lease and the Municipality's obligations under the
Leases shall noi constitute general obligations of the Municipality or indebtedness under the ConstituGon
or laws of the State.
Section 5. As to each Lease,the Munfcipality reasonably anticipates to issue not more than 510,000,000
o! tax-exempt obligations (other than "private aclivity bonds' which are not 'qualified 501(c)(3) bonds')
during the current calendar year in which each such Lease is issued and hereby designates each Lease
as a qualified tax-exempt obligation for purposes oi Sedion 265(b) of the Intemal Revenue Code of 1986,
as amended.
�<
Section 6. This resolution shall take effeci immediately upon its adoption and approval.
ADOPTED AND APPROVED on ihis ,2015.
The undersigned SecretarylCleric oE the abov�named Municipality hereby certifies and ariests lhat the
undersigned has access to the offidal records of the Goveming Body of the Munidpatity, thai ihe
foregoing resolutions were duly adopted by said Goveming Body of the Municipality at a meeting of said
Grnerning Body and that such resolutions have not been amended or altered and are in full force and
eHea on the date stated below.
LESSEE: City of Chula �sta
{SEALj
§ignature of Secretary/Clerk of Munidpaiiiy,
Print Name:
Official Title:
Date:
6
007.17a5720.3
�3
CERTIFICATE OF INCUMBENCY
Lessee: Citv of Chula Vista
Lease Schedule No.: 193978000 Dated: November 17. 2015
I, the undersigned Secretary/Clerk identified below, do hereby certify that I am the duly elected or
appointed and ading Secretary/Clerk of the above Lessee (the 'Lessee'), a political subdivision duly
organized and existing under the laws ot the State where Lessee is located, that I have the tiile stated .
below, and thaL as ot the date hereot, the individuals named below are the duly elected or appointed
officers oi the Lessee holding the offices set forth opposite their respective names.
�NOTE: Use same titles as Authorized Representatives stated in Resolutions.]
Gary Halbert City Manager
Name Title Signature
Name Title Signature
IN WITNESS W1iEREOF, I have duly executed this ceAificate and affixed the seal oi such
Lessee as of the date set forth below.
[SEALJ
Signature of Secretary/Clerk oi lessee
Print Name:
Official Title:
Date:
�
FORM OF OPINION OF COUNSEL
(To Be Typed on Atlorney's Letterhead Stationary)
Date:
Lessee: Citv of Chu1a visia
Lessor. PNC Equipment Finance, LLC
Re: Lease SUeCule No. 193478000 dated November 17. 2015 together with its Master Lease-
Purchase Agreement dated November 1Z 2015, by and be;ween the abovrnamed Lessee and
the above-named Lessor
Gentlemen:
I have acted as counsel to lessee with respect to the Lease Schedule, the Master LeaS�Purchase
Agreement and all other agreemenis describe0 above or mlated thereto(colteCivety, the'Agreements')and various
related matters, and in Nis capacity have reviewed a duplip.e original or certified copy of the Agreemens and suU
other doaments as I have deemed neressary for Ihe purposes oF this opinion.
Based upon Ne examination of suU dowmen:s,it is my opinion Nat:
L Lessee is a poliucal subdivision ot the State of alifomia (tt�e 'State') duly organized, epsting and operaung
under the Consatution and laws of the Staie.
2. Lessee is avthorized and has power untler State law to enter into atl oF the Agreemenis, and to wrty out its
o6tigations fhereunder and the t2nsactions cantemplated ihereby.
3. The Agreements and all other documents related ihereio have been duty au'�horized, aoproved,arM exewted by
and on beAalf of lessee, and eaU ol the Agreemenfs is a valid and birMing conlrad ot Lessee enforceable in
accordance wth its tertns,except to the eXent limited Dy State and Federal law affectmg credi;ols remedies and
Ey banlwptcy, morganization or oNer laws of general apptication relatin9 to or aftecling ihe enFOrcemeni of
creditors'righis.
4. The authorization, aDG��aI arM ezewuon of tne Agreemenis and a11 other proceeQngs of lessee relating to Ne
transaGions contemplated thereby tuve been pertomed in accortlance v.�,h all appfipble local, Siate and
Federal laws(nGuding open meeting laws and puhlic bidding and prope ,ry acquisition laws).
5. To the best o!my knowledge,ihere is no li,igation or proceedirg pending betare any wun,administrative agency
or govemmental botly, that challenges: Ne organizaUOn or ebstence ot lessee; the avlhori:y ot its o�cers;the
proper authorization; approval and execution of any ot the Agreements or any tlocvmens relating ihereto; the
appropnation of monies ro make payments vnder the Agreements for the current fiswl year, or the abiliry of
Lessee othenvise to pertortn itr obligations under the Agreements and the transactions contemplated thereby.
6. Lessee is a poGlipl subdrvision ot ihe Sate as refeved to in Seciion 703 of the In;emal Revenue Code of 1986,
as amended,a(M the 2lated regvlations and rulings thereunder.
Lessor,its Pssignee and any of their assigns may rely upon Uds opinion.
Very wty yours,
Attomey
J01
INSURANCE COVERAGE DISCLOSURE
PNC Equipment Ffnance, ILC. LESSOR
Citv of Chula Vista , LESSEE
RE: INSURANCE COVERAGE REQUIREMEMTS
1. In accordance wi�h the Lease Schedule ('Schedule') to the Master Lease-Purchase Agreement
identified in the Lease Schedule('Master Lease'), Lessee certifies that it has instructed the insurance
agent nametl below(please fill in name, address,and telephone number):
to issue: (check to indicate wverage)
a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance
and Long Form Loss Payable Clause naming PNC Equipment Finance, LLC and/or its assigns as Loss
Payee.
Coverage Required:Terznination Value Specified
b. Public Liability Insurance evidenced by a Certifiwte of Insurance naming PNC Equipment Finance,
LLC antl/or its assigns as an Additional Insured.
Minimum Coverege Required:
51,000,000.00 perperson
52,OD0,000.00 aggregate bodily injury Iiability
51.000.000.00 property damage liability �
Proo£of insurance coverege will be provided to PNC Equipment Finance, LLC, 155 East Broad Street,
84-6230-DS-7,Columbvs, OH 43215, prior to the time that the property is delivered to Lessee.
OR
2. Pursuant to the Master Lease, Lessee represents and warrants, in addition to other matters urWer the
Agreement,that it is lawfully selt•insured for: (check to indicate coverage)
a.All risk,physiwl damage in the amount specified in 1(a)above.
b. Public liability for not less than the amounts specified in 1(b) above.
Lessee has attached a signed letter describing selt-insu2nce.
LESSEE: City of Chula Vista
By: � Title:
mi
INSURANCE INFORMATION
Please provide the following information to your insurance company to help
expedite receipt of the necessary coverage:
ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICATE:
• PNC Equipment Finance, LLC must be named Loss Payee and Additional
Insured
• 30 Days Notice of Cancellation
• Not Less than 52,000,000.00 limits on liabiliry
• Certificate must reflect a short equipment description
• Certificate must reflect an expiration date
Certificate Holder Information:
PNC Equipment Finance, LLC, its successors and/or all assigns
155 East Broad Street, 64-6230-05-7
Columbus, OH 43215
Please send a FAX copy of certificate to Cheryl Kennedy at 1-800-678-0602.
The original should be mailed to the same at:
PNC Equipment Finance, LLC
155 East Broad Street, B4-B230-OS-7
Columbus, OH 43215
Please call Cheryl Kennedy al 1-800-820-9041, ext.4, if you have any questions.
�B
THREE PARTY AGREEMENT
Dated as of November 17 2075
'Lessee'means Citv of Chula Vista
'Schedule' means Lease Schedule No. 1939�8000 Dated November 17. 2015, together with iis Schetlule
A-1.
Reference is made to ihe Lease Schedule (`Schedule') and to the Master Lease-Purchase
Agreement ('Master Lease') identified in said Lease Schetlule, desuibed above between PNC
Equipment Finance, LLC ('Lessor) and the Lessee identified above which relates to Equipment
described in Schedule A-1 to the lease Schedvle anached therein ('Equipment')to be supplied by Pierce
Manutacuturinq Inc. ('Supplier'j. For good and valua6le consideration, receipt of which is hereby
acknowledged, Lessee, Lessor and Supplier hereby agree as follows:
1. Notwithstanding anything lo the contrary in the Lease Schedule. Lessee hereby nofifies Lessor thal
the Eqvipment has not yet been delivered to Lessee and the Equipment has noi yet been accepted by
Lessee for purposes of the Lease Schedule. Lessee agrees to execufe and deliver to Lessor a Delivery
and Accepiance Ce�cate in the form attached hereto as Exhibit A upon the cirwmsiances set forth in
said Certficate. �
2. All parties hereto agree that the Purchase Price of ihe Equipment shall be as set forth below rf said
Purchase Price is paid on or before the Advance Payment Date set(orth below: .
Purchase Price: 51,237,159.31
Sales Tax 594,9t3.44
Vendor Discounts: 547,020.00
Advance Payment Date: November 17. 20�5
3. Upon execution o! the Lease Sched�le and delivery ot all dowments relating thereto required by
Lessor, Lessee agrees that it shail pay the Lessee Down Payment stated below and Lessor agrees that it
shall pay the balance of the Purchase Price (the 'Amount Financed') stafed below. Lessee agrees that
the Lease Term and Lessee's obligation to pay Rent Payments shall commence on the date set forth in
the Lease Schedule notwithstanding the delivery oi the Equipment at a later date.
Lessee Down Payment: 50.00
Trede In: . SO.DO �
Amount Financed: 51285.052.75
4. (a) Supplier antidpates that it shall deliver the Equipment to Lessee by the A�ticipated Delivery
Date set foAh below.
. Anticipated Delivery Date: Au4ust 17. 2016
(b) Supplier hereby agrees that it shall deliver the Equipment to Lessee no later than the Outside
Delivery Date set forth below and that such Equipment shall comply with all specifications and
requirements of Lessee and with the terms and conditions of any purchase order/purchase
agreement relating thereto.
� Outside Delivery Date: October 77. 2016
5. If for any reason whatsoever Supplier fails to comply with its agreements sel forth in subparagraph
4(b) o! this Agreement by the Outside Delivery Date `or any piece of Equipment (fhe 'Delayed
�8
Equipmeni'), and the lessee has not agreed to revise the Outside Detivery Date wiih respea to such
Delayed Equipment,then Supplier hereby agrees as follows only for the Delayed Equipment:
(a) On the first business day after the Outside Delivery Date, Supplier shatl pay to Lessee the Lessee
Down Paymeni for the Delayed Equipment plus interest at the Prime Rate plus one percent (1%)
per annum from the Advance Payment Date to the date of such payment
(b) On the first business day after the Outside Del"rvery Oate, Supplier shall pay to Lessor tor the
Delayed Equipmeni the Amount Financed plus interest at the Prime Rate plus one percent (1%)
per annum from ihe Advance Payment Date to ihe date of such payment; and
(c) 'Prime Rate" means the pnme rate of interest as published from time to time in the V✓all Street
Journal.
If there is more lhan one piece of Equipment subjed to the Lease, and some of the Equipment is
delivered in accordance with subparagraph 4(b) of this Agreement, the payments owed pursuant to the
Lease shall be modfied to refled only the obligations due on the Equipment that was delivered pursuant
to subparagraph 4(b) ot ihis Agreement. The new paymeni obligatron wi0 be determined based on the
amount financed!or ihe Equipment delivered to the Lessee, and based on the interest rate in eHed as of
the date of Lease commencement. �
6. If Supplier makes the paymenis described in paragraph 5 above for the Delayed Equipment under
the cirwmstances set forth above and if Lessee has otherwise paid and performed its obligations under
the Lease Schedule as of such payment date for the Delayed Equipment, then Lessee and Lessor agree
that ihe Lease Schedule shall terminate as ot the date of such payments by Supplier as to the Delayed
Eq�ipme�t onty. Lessee's obligations shall continue unabaied tor the Equipment lhat was delivered
pursuant to subparagraph 4(b)oi this Agreement.
7. Suppfier agrees ihat a Performance Bond will be issued which names the Supplier as Principai, the
Lessee as Obligee and the Lessor as Additional Obligee. This Perfortnance Bond will apply solely to ihe
tertns and wnditions oi the purchase order/purchase agreement, inctuding related equipment
specifiwtions and wartanties, as issued by the lessee and accepted by the Supplier. The 'Contran
Date' referted to in the Performance Bond shatl be ihe date of the Three Party Agreement Except as
expressly set torth herein, the Lease Schedule and the terms and conditions of the purchase
order/purchase agreement for the equipment remain unchanged and in full force and eRect.
8. Eucept as expressly set forth herein, the lease Schedule and terms and conditions of the purchase
orderlpurchase agreemenl for the Equipment remain unchanged and in full force and eHed.
IN WITNESS WHEREOF, the duly authorized officers ot the parties set forth below hereby
execute and deliver this Agreement as of the date first written above. �
Citv of Chula Vsta PNC Equipment Finar�ce, LLC
('Lessee') ('Lessor)
By: By:
Title: Ti;le:
Pierce Manufacuturino Inc.
('Supptier')
Citv of Chula Vista
BY� (Attorney)
Title: B�'`
Carol Trujillo
Title :Deoutv Citv Attornev
E28
Exhibd A
DELIVERY 8 ACCEPTANCE CERTIFICATE
Lease Schedule No. 543978000 .
Reterence is made to the above Lease Schedule ('Schedule), which has been executed and
delivered by the undersigned Lessee ('Lessee) and PNC Equipment Finance, LLC ('Lessor). This
Certifcate amends and supplements the terms and conditions of the Lease Schedule and is hereby made
a part of the Lease Schedule. Unless otherwise defined herein, capitalized terms de8ned in the Master
Lease-Purchase Agreement and the Lease Schedule shall have the same meaning when used herein;
provided, thai 'Equipmeni' sha0 mean the Equipment described in the Schedule A-� and in any
attachment or exhibit to tfiis Certificate.
Nohvithstanding anything to the contrary, expressed or implied, in the Lease Schedule or its
Schedule A-1. Lessee agrees as follows:
1. ACCEPTANCE OF EQUIPMEN7. As of the Acceptance Date stated below and as 6etween Lessee
and Lessor, Lessee hereby agrees that: (a) Lessee has received and inspeded all Equipment; (b) ali
Equipment is in good working ocder and wmplies with all purchase orders, conireds and
specifications; (c) Lessee accepts all Equipment for purposes ot the Lease 'as-is, where-is'; and (d)
Lessee waives any right to revoke such acceptance.
ACCEPTANCE DATE:
2. RENT PAYMENTS. Lessee hereby agrees thai Lessee will pay the Rent Payments for the
Equipment in the amounts and on the dates specified in Schedule A-1 to the Lease Schedule.
Citv ot Ghula vista .
('Lessee')
By:
Gary Halbert
TiUe: City Manager
Citv of Chula Vista
(Attorney)
By:
Carol Trujilio .
Title:Deputv Citv Attornev
ro;
PNC Equipment Finance, LLC
INFORMATION REQUEST
�ESSEE NAME: Citv of Chula Vista
FEDERAL TAX I.D.K �
BILLING ADDRESS:
Bilting Contaci
Street Address or Posi OKce Box
City, State and Zip
Phone Number Fax Number
Email Address
PHYSICAL ADDRESS (IF DIFFERENT):
SVeei Address or Post O�ce Box
City, State and Zip
Require Board Approvaf for Payments? Yes No
Board Meeling Date?
Requve signed vouchers for payments? Yes No
We typirally mail our invoices 30 day5 in advanCe. Taking into acCOUnt a 7-day mail period, do you foresee
any problem that would prevent the payment from being received on or before lhe due date?
Yes No
Please list any spedaf instructions below:
E28
I55 E. Brnad St, B4-B230-OS-7 ♦ Columbus, Ohio 432J5 .
phm�e 8 0 0.810-904! t jar 800-678-0602
F�8038-G Informatian Return for Tax-Exempt Governmental Obligations
�y�..���pt�) ►�der Irt[emal Revenue Cotle section 149�e) O,.tO No.t5es0�20
►See sePa+aie instructions.
���1°�'��°,�'L°��y Caution:If the iswe pnce is u�S 70D,Op0,use Form 8038GC.
Reporting Authority H Amended Ret,m,check here ► I]
� 6suers na.me I s �,ers m,�loyr itictSraiion n,.,ma(HN�
Ciry of ChuW Ysta g5_5pp5gp
3a Narx a'�esm(Wier tfun ia�er)wc�wron Nt 675 may mmnw�tira:e eEout tic retm(see insu�ttiw¢) I 7E Tde6�rsmGr�aNer
'�CSm E�orn d:3i
• nnsaoa sc saxn(a P.O..w.u ma3 e:�u adi.cea to saee�aoroess) awm/s�se s Reom rcm�v�w W5 lhe trry)
276 Fotalh SVeet I 3 n°�
6 Gty.iDw:�a ws ollce.xa:e.arE LP co0e � 7 Da;e al mue
ChWa ViSia.CA 97910 11/172015
B Namc d�:c I e CUS�rc�nar
Lease t 191978000
ioa Hame a�e ve x o:fica«mnc empbyee o�me isv,a vrtiwn v�e w5 may WI ro.mue��mmwuon�see I iro Ttleprone mmaa a:n'rcc v ana
ms�ua�ars) emobree v�o.a m�Oa
619�409.5839
Type of Issue (enter the issue price�.See the ir�s:ructions and attach schedufe.
11 Education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 �
12 Heztth and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . 12 �
13 T2rvsportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 � �
14 Pub6c safey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 � t.285.052� 75
15 Emironment(nduding sewage bonds) . . . . . . . . . . . . . . . . . . . . 15 � �
16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Other.Descnbe ► 18
i9 If obligations are TANS or RANS,check onfy box 79a . . . . . . . . . . . . . ► ❑ ��:.'rt'--;^:
It obligations are BfWS,check only box 19b . . . . . . . . . . . . . . . . ► ❑ T""
20 If obligations are in:he fwm of a lease or installment sale,check boz . . . . . . . . ► ❑� =� �'�'
__z_�;� _'_
Description of Obligations.Complete for the entve issue for which this fortn is be' fded.
W)F"ca�traarcy ea:e NI Rsue price k)StseC 2wem�ia� I (�Weynta0 �e)Ytle
pceSmaturtry avaagemaL•uny
21 11f17R025 � $ 1.285.052.75� $ 1.ZB5,052.75� 10 e3�5 3.200 95
Uses ol Proceeds of Bond Issue(ncluding underwriters' discount)
22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 22 �
?3 Issue price ot entire issue(enter amount irom line 27, column(b)) . . . . . . . 23 � 1,285.052 75
24 Proceeds used tor bond issuance costs(ncluding underwriters'discount�. . 24 � ��
s=
25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 °�
26 Proceeds allocated to reasonahy required reserve w reptacemeni lund . 26 �
27 Proceeds used to curren:ly reiund priw issues . . . . . . . . . 27 �
?E Proceeds used to advance retund prior issues . . . . . . . . . 28 I I
29 Total(adC lines 2a ihrough 28) . . . . . . . . . . . . . . . . . . . . . . . ��29
30 Nalre7unding prOCeeds of the i55Ve(sub:ract line 29 frOm line 23 and enter amoUni here) . � 3p � 1,285.052� 75
Description oi Refunded Bonds.Complete this part onty for refunding bonds.
31 Enter the remaining weighied average maturiry of the bonds to be currently refunded . . . . ► yp,ars
32 Enter ihe remaining weigh:ed average maturiry of the bonds to be advance refurMed . . . . ► vrars
33 Enfer ihe last date on which the refunded bonds will be Cailed(MM/DDlYY1'l� . . . . . . ►
34 Enter the date(s)the re:unded boMs were i.ssued►�r,t�vpprcrvvl
For Paperwork Reduction Act Notice,see separate instructions. ca r+o.p��JS �80:i8-G�r.szaii�
form BQiB{a(FiN.9-2011) Page 2
Miscellaneous
35 Enter the amount ot the state vo�ume wp auocated io tne issue under section 74t(b)(5) . . . . 35 I
36a Enter ihe amount of gross proceeds invested w to be invested in a gua2nteed investment contract � I
(GICI(see instructions) . . . . . . . . . . . . . . . . . . . . . . . . .
b Enter the final maturity date of the GIC► `-�
c Enter the name of the GIC provider► �
37 Pooled financings: Enter the amount of ihe proceeds of tNs issue that are to be used to make loans �., �
to otner govemmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 �
38a N this issue is a loan made from the proceeds ot arwther ta�c-exempi issue,check box► ❑and enter the fo�owing intormation:
b Enter the date of the master pool obligation►
e Enler the EIN of ihe iswer o!the masler pool obfigation►
d Enter the name of Me issue!of the mastrl pool ob6gation►
39 I1 the is5uer has designated the issue under section 265(b)(3KB)n(II1)(small issuer excepiion),check boz . . . . ► �+
40 1f the issuer has elected to pay a penalry in fieu of arbitrage rebate,chxk box . . . . . . . . . . . . . ► ❑
47a I1 the issuer has iden;ified a hedge,check here► ❑ and enier the toilowing information:
b Name ot hedge provider►
c Type of hedge►
d Term of hedge►
42 If ihe iswer has superintegrated the hedge,check box . . . . . . . . . . . . . . . . . . . . . ► Q
q3 If the issuer has established written procetlures to ensure that atl nonqualified bonds of this issue are remediated
according to the requirements under the Code and Aegulations(see instrtictions),check box . . . . . . . . ► �
44 If the issuer has estabfished written procedures to monitor ihe requvements of seclion 148,check box . . . . . ► ❑
45a If some portion ot the proceeds was used to reimburse expenditures,check here► ❑ and enter the amount
ol reimbursement . . . . . . . . . ►
b Enter the date the offidal intent was adopted►
UnEa�pG�a�nes ot oerjury.I Eetlara Wt I�ave e.am'vieC�his�e[u.n a�accomparrying scneCJes an0 suternen•s,an0 to u�e oesf ol my knon7eEpe
Signature eM be6e:.mey are true.cortect,enC complete i lu2her tla�are umi i x�sem to[�e IRS's�avae ot Ne issuc i re:wn informt,im,as ixcessay te
and �s�NS rHUm,ro:he person V+ai I uve a:nro:rsea aDwe.
Consent
'Sgnazwe W swa's af.�or'rsetl r�pr�ntative Date �Type a wint narnc ana vUe
I PmViype preµ.reYS rame IAepua's signawre I Date Pi1N
Paid � � eneck i] e
Pru�arcr � u�-��
Use Only Fvm'svme � FimisEN! �
Fvm's aOEress � �Pho�re ro.
Form 803$-(�a(Rev.940t t)
'^ ~ y�^ Ct O
A
V� C°-�s _ 02vn � C9 � I7 mr� �.�
T r- 'o O � ? Z 2 oa "o�org
NN � _.�--�-.`�° '.,r "' m c'� m yy ��
OD _�-��_ ",C T n1 m �'1 -nia --�c �a
A �
4, � �= a� � O � r � �in
Y N ��� C O � 7C "° �'
� � ��'° cnD � � Z e ' m
rn �_ � ° m
A °° ��- � Z m m
D ° �= ��' _ �' � m
�L��--�—�i.r`:= 8`n T D
8 r z
_"�� g � m
� � ' ' r
n �� � m nnw
v o �� y �o
� O Z _��-z'-4' A °a�n
O
°x O ^� �c°�
C �
N m O _ �^
� W 2 O ❑9�^
r N � � o
�
� C7� � �
__-_ 5„_x.3'Wln.,�'tS•
FEDEX SHIPPING LABEL
Legal Terms and Conditions _
Tendering packages bp usin@ this s��stem constitutes your aereement to the sen�ia conditions for the
vansponation of�•our shipments as found in [he applicable FedEz Sen�ice Guide. available upon request. FcdEx
will oot be responsiblc for any claim in exmss of�he applicable dedared value. u�heiher che resuh of loss.
damaee,delay, non-deliven•. misdeli��en•,or misinfortnation, unless pou declare a hi=her�•alue. pay an additional
charge,documen[your actual loss and file a timel��claim. Limitations (ound in the applicable FedEx Sen•ice
Guide apply. Your rieht�o recover from FedEx for any loss,includine intrinsic �•alue of[he package, loss of sala,
income interest.prof t.attorney's fees.rns[s, and other fortns of damaee w•hether direct. incidentaL consequemial.
or special is limited to the grcater of or ihe auchorized declared �•alue. Recoven•cannot exceed actual documented
loss.T9aximum for items of exvaordinan•�•alue is , e.e.jeu•eln•, precious metals, negoiiable inswments and
other items lisicd in our Sen•ice Guide.\Vri¢en claims must be filed �•ithin svict time Iimi�s.see applicabie
FedEx Sm�icc Guide. FedEx u•i11 not be liable for loss or damage to prohibited items in any event or for vour acu
or omissions, including,without limitation. improper or insufficient packaeinz.securing.marf:ing or addressine.
or the acts or omissions oC the recipient or an}'one else aith an interest in the package. See the applicable FedEx
Sen•ice Guide for complete terms and conditions.To ob�ain information reeardine how•�o file a claim or to obiain
a Sen�ice Guide.please call I-SOQGO-FEDEX (I-800-463-3339).
7
.
`� L'E�Jr.I', .P.. _ -
PERFORM. LIKE NO OTMER�
CITY OF CHULA VISTA FIRE DEPARTMENT
100% Pre-Payment Option
October 26, 2015
If a 100°h pre-payment were made at contract signing, the following discount would be applied to
the final invoice:
Each EMension
Two ( 2 ) Pierce Arrow XT Triple Combination
Pumper as per enclosed proposal for
delivery sum of $ 676,719.00 $ 1,233,438.00
100°/a Prepayment Discount 5 (23,510.00) $ (47,020.00)
APPARATUS COST $ 593,209.00 $ 1,186,418.00
Sales Tax @ 8.000% 5 47,456.72 � 94,913.44
Performance Bond 5 1,850.16 5 3,700.31
Califomia Tire Fee S 10.50 5 21.00
TOTAL PREPAY PURCHASE PRICE $ 642,526.38 $ 1,285,052.75
Less 100% re- a ment at Contract Si nin 5 642,526.38 $ 1,285,052.75
BALANCE DUE AT DELIVERY $0.00 $0.00
100% PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS:
a) If your department makes a 100% cash pre-payment at contract signing.
b) If your department signs up for a lease-purchase with Oshkosh Capital. This would require no
money down and no payments for one (1) year if desired.
• Discount for the 100% pre-payment option includes discounts for the chassis, interest, aerial
(if applicable), and flooring charges.
' Any item added after this option is elected will come at additionai cost and will be added to the
final invoice.
RESOLUTION NO.
RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY TO EI�TTER INTO
A 10-YEAR LEASE PURCHASE AGREEn4ENT WITH
LEASII`'G 2, INC. FOR THE ACQUISITION OF ONE (1) HA4E
AHRENS - FOX MODEL 34D/�00 TYPE III FIRE
APPARATUS/BRUSH ENGII�'E. AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE F[NAL PURCHASE
AND LEASE AGREEMENT
WHEREAS. the Chula Vista Fire Department delivers Fire, Rescue and Emergenc}�
Medical Sen�ices to Chula Vista residents, visitors. and employees e��ery da��; and
�'�'HEREAS. emereenc�� response sen�ices are provided �tiith se��eral different types of
fire appazatus including triple combination pumper/fire engines. aerial ladder trucks, a hea«�
rescue. a brush enaine and battalion chief vehicles: and
WHEREAS; the Fire Department needs to replace several fire apparatus due to e�cessi�e
vears of sen�ice. escalatina maintenance costs and safetv issues;
WHEREAS, the Fire Department ���ill continue to meet the I�'FPA standards and increase
the reliability of our current fleet u�ith less do��mtime for mechanical issues and pro��ide a safer
response �ehicle than our e�istine fleet; and
WHEREAS. the Fire Department is recommendine to enter into 10-��ear lease purchase
a�reement with Leasing 2, Inc. for the acquisition of one (1) HME Ahrens — FOX 34D Type III
Brush Enaine in order to replace a front line brush enaine, which �rill be surve��ed out; and
R'HEREAS; the total cost to purchase one (1) brush engine is $334,�78.60. ���hich ���ill
result in annual pa}�ments in the amount of �39.174.3�. The total amount paid for this fire
appazatus including interest w�ill be $391,743.50 through the 10-��ear lease purchase option; and
�l'HEREAS, the total cost of equipment & outfitting for the brush ensine is $64,000:
�tifiich has already been identified and included in the Fire Department's FY1�-16 budeer, and
WHEREAS, the Fire Department will include the annual costs as part of the regular
budeet development process in future fiscal years.
I�'OVl'. THEREFORE. BE IT RESOLVED. that the Citv Council of the Cit�� of Chula
Vista does hereb�� authorize the Ciri� of Chula Vista to enter into:
• 10-veaz lease purchase aereement �i�ith Leasine 2. Inc. for the acquisition of one
(1) HME Ahrens— FOX 34D T��pe III Brush Enaine for a total lease purchase cost
of�391J43.�0.
• Authorize the Cit�� Manager to eaecute the final purchase and lease aereement
documents.
Presented by Approved as to form bv
Jim Geerine Glen R. Gooeins
Fire Chief City Attorne}�
rS-o��� t3
TFIE ATTACHED AGREEMENT HAS BEE\t REV[E\�'ED
AND APPROVED AS TO FORM BY TI-� CITY
ATTORI�'EY'S OFFICE AND VdILL BE
FORMALLY SIGNED UPO\i APPROVAL BY
THE CITY COLJ�'CIL
�-/ /
u
Glen R. Goo�in
City At[omev
Dated: ((—/Z— /5
MASTER LEASE PURCHASE AGREEMENT
BET\��EE\�
THE CITY OF CHULA VfSTA A\rD
LEAS[NG 2, I\'C.
LEASE-PURCHASE AGREEMENT
LESSEE: LESSOR:
City oi Chula Vista Leasing 2, Inc.
276 Fourth Avenue, Bldg. C 1720 West Cass Street
Chula Vista, CA 97910 Tampa, FL 33606-1230
Dated as of December 1, 2015
me�uxcacwse np�eemac pne•r�qrem�uuc)aa.ee u ar o�eemeer t.zot s ey eno eer.em le.amp x.�nc.(lesso-'�.ana c�ry al cnw visv(?essee-�.+oxy m�yorze
pn0�r euly otgaf¢e0 arb em'.mt u��a 4�e tM d me SIY.e of Catltomla(State7.
WfTNE55EM
W!¢REAS.Lessv aesees w le�u S�e E1�exem.¢s Meina.:er aCu�ea.m insee.enC lessee aes'ves a kau me E Wi�mem hwn Lnsor.su�jea n:�e;ertns mia�a:vu cC anc
:a Lte pur,wses sH IoM vi Nis Agree.:�M;a(b
iM1'yEREAS,Lessee u au�.M�xN w�CU me Gmsanion an0 tm C 1e Sa�e m Mer vito Na Fyreemen�fa Ne pityases setlaM ttaein;
NOW,T:V:R=FORE.fv enE in tansicer5ion M Ne p�rmises nuec.x}tc mrt.nmea,��e pnnin nceby apree es k0ows:
nRMIE I DEFIMTIONS
Secion t 01 The IoOw�anp tmns w�T�ave:�e mea�vKi'via�ateC Etlor�mles3 Lx casec ckmry reQVirea ml�ewix:
�A�ICCfIClM1 lOtiR VIS ICiSNVlCIiSC A^�lLCIICII�TWOY19 N!EtlL'YS i:liNlOIIIXC'J.i5 G1C W11!fI1iY D!A .}I'lSiltfrCG Of BIlICIOM ST.f.YSIP L]Ii.T!:f L�OAIC2'W't^.K
:mv nerea.
'GOr,unmrsnr.s Oae'a Ne ea,e.mm�e�er.n G Ns s.prtmem�e;;4u mq Leasee s oGFja.im w paY rmt ecwes.wnirt�sra�x Ne cartuncicvnen aaie snwn m Ne F�CS�c E
Pa�nml Scl�eEUle. .
'Equ�nem':�xar�s cx oAx�:Y aesvicea n E mim D am.ti��rs ux w4m a e�is Pqreer.nera
Lwe i ern'mrsn tM Oripnal i ertn m�E e9 RmrrW Tems prv+iOM 1a n Nis Apreemerc urJer Seaion�.Of.
Zessee'mrani Ne eMar�M�ii EesmCec in Ne fW parzpraph a'iRS ASreenmi an0 wTiC�is leuinf Ne Eq�ieN trar.n Lnsv wEtt Vx praisionz d Nis Agr�etnent
lessof nrans()Leasinp 3,Inc.,actirg af Lessor nereunOC.(7 sy sutvivinp reswR'v�p m vu:Ceree m�yaratcn;aM(7 ex¢pt wnert Ine mteri reGv�res o:�mise,any assignee(s)
G tessor.
'Onqindl Tetr n'a.>N!ptti00 h0.T VY GOrYMM.[TMt DY.!UR.d L�!CIO d LY f1Gl)eaz o:LeS1ee'v�eTlG il Cf!Ctit�tKlT!(C DY.l.
7ur.nase Pei�e'mwu c�t emwN'viGiraee wT rtspea w anr Er.e z'.>pa�rnmt d a�Rercsl�aymats(Oe:neC Deb�Ox Woupn suC�as.e.a!a set foM'vi ECriCrt E nere•.e.w
Suppanata�E�m E ne�o.as ux�se may x.
RmewW Tertoi memn pie renerai�e.^�s N Ctls ApreemeN es qaiOM ta'v�Pf.ide N ol Nrs Fgreemeitt,eatl�liav'eiq a O�c��iaf o:one yest anG a tertr.aieaensive K:Ne Lasee's
(aml Year.exceT IDe RF ol sWi automaic renerW tvms wnirl�s�a0 ma m me a�e eafe�fie tas.Re4el Paymem sa tu:�in F�ttim E m mis ASmment.
Renal Pay.�eNS'r:rca�s Ne Oisic tmtal paymmts payaYe Cy Lezsee pvs�an:lo Ne prrnsions P.Nu Aq�emmt Cmny:�e l�x Tttm.paya�le m m�SiOVSiOn 0(Ne ti�M ol
Lessee ro ux c�e E�W?mefc C�mq�te�xn amw penon oi��e Lnu Tertv. Remal Payr.nces s�a0 De paya�le q L�ttee m me Lessar n cs assiqnee in Itie tma:rcs mc et ne
unes wmg tlx Lease 7mn,es sef fx:in EdSnn E eS Nc Apreemttu.
VeMOf ineana t�e�;N.aGUrer ol Ne=0vipn W m we0 aa Ne aym:a ar Oealm a Ne nen:Aaeiac from whan Lessee Ms pwiMSeC or e puV�asix IM EP�ipmaC-
�RMIEII COVEHANTSOFLESSEE
Seq�an 2 Oi iessee�epeseru�.wvensu ane wanaKS.In Me eenCa cl Lessar�na as assignees.as WOOrs:
(a) Lesstt u a pu0bc CoOr.capa&e ab poY�.Cury ayan¢M antl eri5inp unEa Ne ConLeitum aze taws a LX Stt•e.
(C)Lesiee w8 Co u wu b Ge 6om a]:w�s ntttsfiry Io prtslrv!bq k!!p e�NO IMe as�eSect¢s eaisten�e as a EoEy,[ayOrT!aM poCic.
(q Lesaee's av.tronxea w�aer ne Cms.:t.ion a�E bws W Ne 5•a.e to Mer itm Nis Ayreanem ane me vansaobn caYe�r.ptatM�erc�y,anE ro�wfvm a'J d[s oE5gacions nveunaer.
(tl lessee na eeen auh aW�ucM w eaeane uW aeWa mis Ag:eemw wac ine imns aw prwituns ol me rewL^,cn af es poveminq ooa�.a^..acliea nacn as E�euxl.u Cy
G�c apyro.'YUie vGal ep�TOVaI an0luf'fc rcpesetcf.mvenan3 aM�rltnrcs WI a�tCqltumKn•s twe Oeen mel.anE yxtE�ms luve xwveC in pCV t�en5utt Ne uEOrt.eaOCy
eC Vtls A9reemeN.s�G Lessee�az cpnV�wtn iW�W etic OECa:g«pv�emems as rtuY x xG.'�Ek b utis Atreeme+c aM vx nWvsition N'lesxe ot me EW�.'�N nvemEU.
Lasee sha�o_se m Ee eaeaf.eE anE oetrittea to Lnwr en opinian of[s farmtl wCSatiaFy in ine brm e:IxneE lertp as EatiEG 8.
(e) Wm::�e tmn N Ne Aqrtema'4�x EM�em W Ee useC M tnsee aN'lor Ine Wnose d G«am^C me w r.+orc ezsemul 7ovemmej¢al w R�'.+7 hecions ol Lasee
mr3itteK weJ�LY pcmissid!smpe d Leisce 5 eu�:vny anC w21�t oe�sea en s[m0[IX Oush+ess o1 any ocsm a ae:y cJ�c:nnn N!LCSSee.
(Q D.m+g Ne penm vus�preemen e in tare.�essee r�T mnua%povYe Lesaa v.rJ�wU�airtw(u+arcial sfatemm•s.Oucqeu.Pmot d appnpda.ion la mwinp 4su1 rear a s�xn
�+a(uuncel L:ore�aJm reb'�g w Te er�a�of lessee io m�tiwe cus Atreemmf as ma7 x 2ssonady eeyue�eG oy lasar a m nsipnee.
(q) The E Wixnert.i�nave a usel�l ee n me�+anaf d 6�re Lessee�.af e s�•esfantia0y in ez:.ess W�e Orqinal Tem arM a9 Rmc.al Terms.
(:.)Tl�e EC.ripmmt s.:tp 0�rirp�e perioE itfis AZrtaneni u v�tace vA rtmi�.penvul pnpe.ry aM�m tuDjeCea b vse>y Ne Lessee�meer tis Agreertient W na Oe or Eemr.�e
f¢EV's.
n Lezsee stao m[vWio;ariy w involuR.aziy cea:e,6�cur,aswme a W er w¢rin aiy Gm,aeax¢y imerau u anr ercu.r.banca or aastlune+e�L sy kiM wvisoevn oR reciq
v r,.n mpea o ine E�uip�nmt
(�j Lessee s1a0 nu pive uD Oosxssim ar�an9d o1 c�e Epuqmrn�
(la Lessee sna7 roe r)wye Lu braon a Lu E9����q�'^;P��Ti'-�^�au�me propoua nev bcr.cn w c1e lessor ana povroea C.at Lessee sna9 omai��e ce Wer
m lessor sy 1a�CMe rsivexs rwspuEry repues:e0 q Lessar so m to�eq lesw's rvpn,We nE ictteat in c�c m�ie Equipnem an0lessafs xEZ.ry m ertrcee m rmeaies w.n
reqme a�e EGuEpmerz
�q lessee sv0 na atu n moE:y c�e EQuipn<'c bn ury mannv r�i�.evN rtmrs ine vaLe u t,�e manna�iLty Nve�.
(+�) Lasee.SI ui.e ro acbn ttu�rrd nuse ux"vnerest panm c¢my Rmui Paymen:�o oem.roe"viclleade in gmss imne�me retipac la purmes M teacal nwme uzavn
unCa t�e CoOe.a�q Levee v.a mke.aria W ouae cs afGCe`s.employees anE a0ems w Nke.af aGm�nive xlion leta%rvn Cs po.er to prnan suc�innm Inm CeirS
i�LEa�le ii 9rass'vmne lor punosea C fmvaf'arane taralion u�a Seaion l07(a)��Uneea Ssstes bnmul Revcvve Coee d 1986 ss acmaea(�n<Yo0e7.laue
reyesmn a'W vrarairs W:Ne Leax u ie x veaea u en oo6pYJOn of a pakiral au0�msian cf a cse rtnn ttro mea::mq cf Seeion fOJ(cN�)�Ne Coee.
♦RTICLE QI LE�SE OF EUUIPMEIR
$mion 7 Oi Lessor�rwy Elrvaez,kaes an0lcs IO Lesstt,anc Lessee lMU.itefes ana hees trom les�a,Ne cqt.yme.t in BcalEarce r[.�:x proveim5 a'Na Aqtem�e.�w
tuve ane m trola Iw L�e lease Tertn
♦RTICLE N LEASE TERN
Sean��0� Cdnrnencemem G lease Trnn. Tl�e Oripnal Tem d L55 Aqrcunent 5lia�wv�ence on Ne Carv�c�ce.-�e1 Oxe anE s'u01e.-nv�.-le m Ne lau Oay d Lttse<s 4us1
rea uxn c�eCee. Leastt may�mer mis Ayecm�ero xpM Ne e�va�.cn of Ne Original Ter.q v DeyoM Ne eyvx.mn cl any Rmeral v�mc,�r_�a,�o�ne�+c�x a
aOCCina1 fanl yean pwEeE in EjttiCY E oi C�rs AQrtme�Y.Dr a�proprisinq s�f.ficient hmCS to make sc�eOUleC Re.Yal?aymexs bt LY mvmy(oW rear(eatl�s ReMnl Te�r..'J.
iems mE cmEi•.cns avrvK any Rrnmi Term sMf Ee tne same as��e vm. s me mne:.ims eumy u�e Orq'vul Ten,e.ce�vu:me Rex.a�Pay.vetcs snaD x es po.ieea n Er.iCd
E M t1YS AS:eemerp.
SeOb��07 TmnnY.ion af Lease Tr.m. T1rc lease Tertn w➢tr.mke upon tne ear4es�ary m Ne lo0pwinq evcCS:
�a) iTe e�a:im af cx Orymal Texf a anY Rme.al imn q'�1"s aqreemem anO ne riu�renewal ol Vus Aqrtee�vn n Cie e.em a nona.+�o�riY.m�of Mas pu�wra m Seaian
6 07:
(D) Ttie e:e[se q lessee W Ne aption�a pu�itfase Ine Ep�i�neN Mort<�i'aUOn ol ittis Ag�ermem qrante9 uMa:Y prw%ions ol MiUes IX n%I K:tis A9�eeme�q
(c) F.ECauJ�y Lessee anE les5ofs eleGen ie temv�ate Nis Agrteme�0 urott I�f�icle Xlq v
(-) Paynecu or Lessee of e0 Rmul?aymws e�ttimzeC or reryvea m ee paiC q Lessee riewmc crn�qn Ne NE kase¢fm.
Seabn<0] Raum a!Emronm;m�em�Fa:ion. U�on ei�daion�eaM1>�ertni�a•.ion R ne Oriqinal Tem a anr Rmev21 Tertn�mOtt s.Y.'�^�^�inis Fqremm:&a bne
v�m lessee Ooes�nt e.ercise ns oprim to pu�UUx Ne EQWpneni¢ar�teC unCa t�e prwa�e a AneleS IX a%I af Qtis Aq�ttmen:.LeSaee nerttry agree3 to attiver Ne Ecinpnem
ro�eisor pa:kaoM n Mtimriu preparM in a ma�net suGdMe(a ShipmeN Dy Uuck w taB carvnon cartitt ro a Ixatirn spefl�eC Dy Leisu. FG e�ensn raf'vp h9m Ae rRm d
ECNGrrcfF m temm84m wi0 ce Ean!Dy Llssee.
ARTCLE V EWOYtlENT OF EOUIPMENT
$CQOn 5 Ol Ptovke0 C�A,no Oetdv:a evint M UefauO Na0�ave omrte0�tteunOer,Lessor Iraeq covenanfs L'wi 4mq Ne Ltue Term Lesso�wil not inleRrre a.T Lpsee's
wet�se ane aryoymnt M me EQuipmem.
Lessa snali neve ine ripm ai all.eesonade lvna ouinp eusi�eu�ou:s io emer inm aM�pon tlu popr.ty d Lezsee for J�e yuyose d'vispecvng me EQUiprtient.
ARi1CLE Vl REM�L PAVMENTS
R I� x ^se o1 . Leswr anC Lessee uMersunE aiE hten!Nat t.9e oEfpY.ion of lesstt b pay Rm'al Paymems I�e�euMc
sna0 mnstnne a airtcn e+pmse d Lessee ana ana0 not in afry wa�x cansvuea w ce a oeM d Lessee in cvnrnreNim ce anr appende constaieion�l v s.ewrory 6maaiions or
requranMS mmrming Ne aeeuon ct n0emeo�xss�y L�see.
Seuon 6 02 Gar.nem M Remal Pammn. duinp tM Orqwl i efm anC a�e'vmp earti Rrnewal Term eleaN Ey lessee.Lastt sna0 pay Rctal PaymeNS,ex Wsivey tran arty arq
a�bpary avaaan�e rtmas.n nwtui mmer��unaea Sntn o�nmerca.exCiaiveN m�essor a.in u�e evmt oi assqnnrcnt Dy tessar.to ns ass9^K.n urc mwums ane m me aates
sd bM�ENi�e E tiereto. Reninl Payms.ts stw�De in consiGe2lian tw LeSSee s use�Ne Equipmmt Gurvig Itrc�pfatle rex 4i wNd�sW�paymm:z art Eue.T�e Rmtal Pdymmt
anioums ut toM in E#uD9 E are OaseO m tlx Equipment Gos m De paE Dy Lessor Oe'vp Ne amwN sd foM m E�niD'E E.Lessor s1aA neve no aYigation m pay w aiseune my mquM
groafor ttan t�e xrow�set lortn as t�e Epu'pmem Cost.Lassee snao�amena any purrliau comract,purcnase or0er,a any oTer agreemmt mat waW nave u�e e11eG ol inuea::+g
tro cast al me Equlpmw acwe set IwN in E#ii�it E ns l�e cquipme+t Ces�rMOUt L�e prior wr4im consmt ol Lesstt.In Cw eveR Na:Ne aquel ws:of W Ecuipmem is B�U�r Nan
tne amouni sei fa�th n Eu�iEY.E,�essee sna0 oe soky respmsiole ro:anE nereDy aBrees to pmnpUy paY swli excess:o It�e ve�or(s).prwEea u�at lezsee m.ay�ryuen mm Lessa
lwnce s�rch esess,un'vi Lessor rtay,in¢s sok aisvetion Ned m Eo a Ee�e:o Co.Lessee slwC'uWemMy a^0 hd0 Lesw�aRnless trom aM epa'vist eny loss.Eamapef,msb
9M'GIpGf1SG5lGSUJIIQ C0.T Of lGI2'Jl1�M 8.'/NJl85!T IIM EGu¢fI1CfY.(qSL C�GSSOf.G1 YS SOk MWC.d1,lIQC�S 10(P.i(KB{YCII![C@Si N!Yt1011R 0.'G9tl1 ilISWICfI!(M1 tY fQil W0 p!
IKIe85l�t0 pfOViOt L�[SdTt)'iC10�D�CSSOf i5 wWE Pive E[!t1�53NlC C Ple BCUaI c'JS f18G OCGlI IIIG 58rt1!22 N!SSCC EQt11Q1f1ll1i GOSI 1t1 StlCll hllG.LCSSLY SIWO Bi N[!lQY61
of Lesw eaeMe mG Oe6var an ammc.mem rAe¢iip tl�e newu in Ne Equipmem Cm:am Ne Renfal PaymeNZ.
Stttion 6 03 Ime*est ena Gnne�oai Conoonm.ts. A ponion of ean Rnul Paymem k pai0 as,anC reprtserns paymun of,tuere�,anE Ne Oala.xe d qcn Remal PoymeN s pai0 as.
ani rtpezen3 paTmeN U prinupaL EzNea E�xreio srs IoM Rrc urtcert componem enE iM prvicipal mmpmem ol eac�Rmul Paymrnt tl�evmt me Lwx Tum.
AO ti I IN �n tne E.en me ime e i Taxa . Lesstt acFnoMeEges Cu�Ltssor5�+eiC rrCl�respett b iNS Ag:eement¢EeprnOmf upon Ne fu0 a�rouN d eact�
Rernal Paymeru xi�g ettluEeE fmm LessNS ufcame purwant to�ne Cooe. Accartli+gly,C a�any time,as a rezuG o1 a aNertnnation Uiat Lessee�as oreacneG a eepreseMiim a
covmaiv comaineE nuein,o as a resuC ot any ctutge v�Ae GoOe,eoy paymmt ol efJier Ihe iNeest campone:u or t�e pruuapal componenf oi�ny Rattal Payment 6,in t�e opi�ion af
wuoul tar V�e Lessor.r�cjett to or aCmm y sy v�rnne,pretr.en[s,exuss crMas,mitimun a oNer IeEe:al:az.Leuee s�all pey,as eCEaional uituest,an amou.��wl+iU�is
necessary:o prwqe to Lessor Ine sane na L�mme ns lessv wwlo tuve rccerveC oW fo:suct�evmt. Lessors ralMa�.iona o'cuJ�a�Enional iinaest sna0 De�cing upan Lessee in
l`.!GDS!(1:L 01 TindlA MOI. '
$tacn fi O5. kemal PavmeMS ta Ee U.xoMeionel. D�uing[ne Onginal Tefm arq Ou:inq ea;h Rax+21 Term.eleeec oy Lessee,me uofgations ol lesxe to make 0a7�^W tl me
Remal Paytr.mts requ'veE�nEer vus Mice Vl a�q mnc seeiom�veH anC to�eriwm an0 oSServe t�e covenanb anc apeemmfs mmainea�eren snaC ce aESW��e az�0 unra�En'mul
T 811 MtllS,!Rlp�85 lipflSSly pfOVil1M MCH NIS ApffCTClIL NOIyCISWlIEIfl9 211J'�ISOILE ClMH1 LGSSG!d!IC�GSSCf,Bfly VQIOIX C('d�y Oifl<f pC(SD11,�CSEG!'d(�'t!!S ID piy 00
ReNal Paymc�6�Men aue anC slw0�wt rMMk eny ReMnl�aymeMS penEng lnal resol.lion of wcl�aisp'ule,twt sne0 L�uee msert any ripM eQ seiatf a mumeRJavn a�anrt as
oDtipationlortUkeSUCnpaymemswlienrequveOUnEerlNSAgreemmL Lesiee'soOliqaliontomakeReninlPaymeNSGUringQieOrig'vialTmnoNeUrcncurtmlRenewalTertneletleE
Dy Lesue sIf9A�roi M iC21l0 NrWqT eCCEent m unfweseen aramstanGts.
Seaian 6 O6. Cant'v+uaic�N LeMe Tem+Ov inaee. Lessee intenES,wDjea to ttie provisims ef SeGfun 6.07,to tonVU�c Ne lease Tmn Itvaup.���e ptipi�al Tmn anC 00 IRe
Rmml Tetms Oere�vWer.Leasa renma0y xieves tnat legaq avaIIatle IuMS in an amaW sutt¢eN Io rtuke a0 Rmtal Gayrnmtz Ourvg eM Oripinal Tam ana exhW L�e Rennnl
Tmns ran oe o�tained. Ttie offur c(Lessee resp�mide Im Wagn preparcpn snall Eo ae Uwfls WWuOr wk�n�isB�c po.er to omain anE maieain hnOS Irm wqirl��ne Remal
7aymmts�ray De ma0e.uftlutiv�q mal.inp povision 1m sw.h paymerts to 0�e encu nttezsary n eactf atuival EWqn sumr.dea aM a0oMe0 if arcaEarice ww�app4�ade p�o+isons
W$tate law.tc�ave ss�port'an C N<d:Ope�apprweC,aM lo e�luust aE arallapk revievs n.�C eppeals in Ne ereN suN po:tun C Ne EudpH u nol appwetl.NotwNnaMnq Ne
bragtl:+g,Ne Oedsion v.Tr.ner or nU ro CuOpq ana appmpria�e hmos e w9tiin Rrc Cixretion d Lessee's pwemiig Eoay.
Sec.ion 6 0] ie'mination W Nonaooroonatro.�. In t�e event lessee Exs�ml appro>riate suTCiM NnES fot Itrc DaymeN OI Cie Reval Paymerra scne9„M to De D��+�+e net
omrr.mp Rene.zl Tem:, Rie:lesue may temnate mb AgreaneM at tM en0 0'V+e Nm n�r.em OnBmal Tertn v Rmewai'erm,aM Lessee sna9 nm De oWigaM to make paymar,
af Vrc Rm:al Paymerna pwiaeE ta'v�Ws Apreement ceymE tlie enE of Ne Nen wneN Onqinal w Rmevml Teim. Lessee agrees lo CeWer ndice�o lessor ol svU��ertnnsiion m
leas:90 aara pwr ro U�e mE d Ne Vien artw Ojryinal or Renewal Tertn,
Searon 6 OB Ls,e Games. 11 any Retval Payme�t u nm peiE in hN m Lessw r.iRUn 4.;em(15)Eaya effet I�e pnymeN fuat Geortm Cue ene payaWe,Lessee z1�a0'u�mMia:ey paY lo
Lessor an aCOtval me time Wm Uiar9e eq�al to frve(5%)percem a,tl less We maamim nte pertndteE oy law,d earf�curt�amwnt past Eue abnq rrtti me Rmtal Paymem. tl any
Rer.al Paymmf rertuim unpaiC Ee�onE 45 Eayz Y.tn rt(m Derxne Oue ar�a payaDle.w tl Lesmt nai e4c1eC to eictise any reme6ies l000.u�g an evw v OCaull,intcest ituE amue
m pasi aue emourvs a�Ne�Ce ol l%per monT or Ne Iriglx9 rate a0owe0 Gy bw.�tiirliever is Ins.Panial paymeMS�y Leuee sna11 Ee appieo fust lo Ne accrueC nlertY,cvnponmt
tC�+ast Cue Rercal PeymeMS anC tne Eehrce to Me rcma'uJng pmdpal canponent ot pa9 Eue Ra�fal PaymeMS.
Scqbn 6 09 Prrw.+nem. Lessee wu nare me ngm m prepay prindpal wmponcus d Re'ra�Paymen4s in wnole an anY a�xt eonn in E�nioa E oy wYO+9 N�mm aDGbnye
P�rrnase Pr<e sel ronn n Einion E m surn aafe. �
ARTICLE Vtl TIT�E TO EOUIPMENT '
$e�bn 7 01. TrJe lo me Eowvmenf. Durv�p Ne teim ol Vi6 Rqrelmem,lale b L�e EauipmeK.a:�C eny mE a0 eEeilions,rtpeirs,:eplacemmis or mo0w`aa:bns Sha9 vCSt n Lusee,
S::Djetl to Ne ngh4 al 10510!uMC:.�6 Ap�ClmCit. N I.�!He.'It d OCf4d:e5 E!�1oM in SMiOn 17,�1 Of Mt18pp�o�idtion as aet IarN in See�on 6 Ol,iRe to EQ�ripmmt,sna0
inra0iateh rut in Lessor,anE Lessee.�L ir.meCiuey svrteiWer possession d tM Equipmern to Lezsar.
�.++ia+702 Senenr imercst To seave Ne paymen d ao Lessee's odiqaiions unau ms aqrtanmf.Leuee y.ams m iessor a scoevy trenesi wnrs�ni+g a fust fen on me
Eqv�rmm a:�tl m eY aaamns,maWn«ss,eccsaon anE mCSVnn�ons mefem,anC on a�y proceeEa Nae(rom. Lessee�aeq aummzn lnss b prepaa ana Ide su��fua�mnq
rtcne2z,any ammamems Nme:o anC otner tucn aoaaneMS to eNedan erM ma'vua'vi Lessofs vaf0(ust 4m aM pMeava se�ur�tr"uVnest Leasee�ereDy xknMetges Ne
rm.tipt N mpes N me lmanwq staiemmu weGSeE W Lessor an0�neey cNums Ne arcuracy ol�ne'vNOmutbn cauanea Nerein.Lesstt fuiner agrees Oo uevne wcn aaaacml
aou�mee¢n.n�Cnp ef�tlavels.nwces rW s'undar waUUme�M1S.in Iwm sat'slmory�o Lessor.rt�irh Lessor Eeems nttessery or appropriatt ro esiaWiN anC manfain ns saurty"unerec.
aM�pon auigrunem..me securrty irterrn of any assignee W Lessor,in��e Equipmrnt.
ARTICLE VIII YAINTENANCE;MODIFICFiION;TqXES;INSURANCE AND OTHER CHARGES
$c�qlf$.01 MBMMMIC!M EOVIDRIM�DV�GSS!!. LlSSM dlf1EM N]I81 dE IPfIlS OIIMI�hB Lldi!TGR11 LlSSC!WIO�2I LHS!!5 OMf1 fA518fIC C�MSl�T8T1i'll.FlGSQV!HIC I.Kp
ine E WiRnem in pooC reoar,workm9 artler anC conCilqn,an0 inai Lessee�wiC!ran�vne ta une make a�a�se ta De rtuae aa necessary a�ro proper rtpa4s.rcpazemen•s ana rtnewals.
LlSSC!511811 t18V!110(!SP]RSIDtlGy I(1 b'1y 01 Vltf[f:18�f15,Of IM Ne TLkIf10 01 fllPlOVlTmfs W BEEi'.i011110 T!E�VIpTdit.
Tax � t I r ,i� C� In Ne even:Na:Lx use,posseasion or acqvi56ion o1 N!EGUipmlN i51amE t0 Ce w�jM b lazi:'v�in any
lortn(e¢epl ta iimme ta.�n ol Lessw),Lesstt.i!pay evmg Ne Lease Tertn,as Ne same respMnely cm�e Oue,a�:aaes arb govemmentil cnaryes ot sy kiq rfiatsaevee Nat
mar at anY�me De IaW.uOy asxsseC a kvie0 spainst w wf.l�respen�o Itie Equipnv�t anG any epuipnmt or oNe�prope�y ata�vlE Dy Ltsitt ei wD5f6ulim la,as a rcnewal w
replacement d.n a moERKation.unprwement or aEMion in��e Eq�ripenent,as weY as a0 pas,water,steam.NeCricEy.lfert,power,tNepnme,utday v�a oUier Wrpes int�vreE fn Ne
operation.maintenance.use.ocwpaMy enO upkeeD of Ne E9��:P����N�.wnn respeq to anY Bovemmcnul cnarges vu�may Ia W.ully De paitl in inzbltrnm�s wv a perp0 ot
years.Lesstt Yu0 pe oDGpaleC to paY�h a��s1a0mMS��sve amueE Euru�q t�e tine this ABreemeM is in affeG.
StAbn 8.03. P�ovisrons ReoarEtr�o Msurantt. N 4i vxn e�pense.Leasce sta0[ause�awaY.y,pu�te 4aCN:y an0 popMy CamaB�i�����o De cnmeC ai0 msintaineC,a YiNI
Oerteufa'va�e to Ne sffiiYacl�on M Lessu Yul aEeQUale seE-inswance o�xoviEed�.+�n�upeG toAe EOUiDmeM,suKitieL to prnea Ne FW Insurade VaLe(as lliaf term is�aenafiet
EefneO)ot me Eptripmer�s�tl�o prvtea Lessor Imm 6aWay in aY erens. M inwance oviceeCS from cesuatly bues sha9 x paya�b as ntte'uw}la prwiCCa i�u+6 Aqreemml.
Lesstt snall Nm6�lo lasar ceRCCY.es evi0encin9 sutll covenge tivaupt�o:rl ine Lease ietrt�. .V.e.m2tivety,Lessle maJ Yls�re Ne Equ:Rnml uttlN i dankn v�su+ance pdcy d
pol;ies rnirn mvtt rat mly Ne EQUipme�rt ds C.ner poD�N�s. tl Lesstt a�vees svNar propenits cy seE-insuran:.e anC upon appraval Dy Lessar,lnsee may nsure Vrc Epiiryrtien:
by means d an atlequMe"rnwrance IunO. "
T�e le�m'FuA lezurmle VaVe"as useE�erm sMll mean tne IvY replacemml value W C�e Ewipmmt. .
My inwrance poticy Wti+��u a Inis Secton 8.0.7 s�af De sowimen v enaorsaa as to make baces,E any,payaoie ro Lezsee aiE lessa es ine"v resD��'�bin�ts may ap�ex. Tiie
un G.oceeCS(as CCmea in Stt�.ion 9.01)of tM nsunnce reqv'vec i�tTC Seaim 8.03 srtaB Ee appGCd es DrovioeE in Mitle I%hereot EaC�o�surarce poticy poviEeE in in utls Seaun
B 0]6IIiC CONiY1 i pfO�YCfI b N!rC]N81�Ile TSV(i(K[C�'fIP3nY Slld�n01 CdI1�Yl UIP PdiCy W mOEd�C m2leliig'en0 iMlIHIY 1p N!GRtttit d LCSSO!MtV%1V1 fYil gi+Ylq wfllm
mlice Nereoi�o Lessar at least 30 Eays in aMance d wcl�carrceqtian.
Seabn 8 Oe. Amanus. In�he evmt Lessee sna0lad to perbrtn any d a oWqationz nereunCa tezsn may(o�n snaA oe unOb no oWqatien to)take sW�acm as may De necessary
w rure sucti�ailrce,irhmvp,.inou:timamcn,ne aevenremm�o�money,am ail arta�n:s so aavancea Ey lessw s.aY Oecome aCOr,enal eem 1w Vie Nm cnrtan Ongmaf Tam o-
Rene 21 Tetm,vMicn artaun•s,1�geL�er�n vncest O�aenn a Ne rafe ol 12%per ann�urt or d kss Ne ma�vnum.ale pertn:k0 Dy iav.Lezsee a7rees U pay.
>
ARTICIE IX DAl1AGE,DESTRUCTION AND CONDEMNATION: USE OF NET VROCEEDS
SeFOn 9 Ot Damxe Des:roco�ana Canoe�naton. tl pria to urc¢r.ni�aion eC me lease Tem.(a)aie EP.ripmao d a�ry xvfion C+ertd e eesaoyee(u�wnde n n par:�a c
eartuqW q'!ue rn aTV au:alY or(G)u:le m.w urc mmpo2�Y�se ct Ne Ecuy+*ient or m�Y Wr Ilir.ec!a me esr.e d lasee ar Lessor n me EC.npmem ar anY Ps Cicetl s�a�De
taAm unCtt Ne eaerme ol Cie pawer ertmrnl oar,ui�Dy anY 9wummvnaf CoOY a Dr enY pe:son.fi[m or�ppysion qi�p unpa gwemmemaf e�4,�q�¢y.Lesxe zno�asv W uuse
tie Nn Prxeeas d any iuwanr2 ctain m mnamnation awarE�o Ee aOV�m tne P�Pt reNaceme�l�epac.resiva.ion.moeCra4m a vn}ovemem d ine E9�^P^rA.Nry OaBre
f1 L�e Nn PrOCeeCS rTa�titK Ef:C SuN rOtF tW Ceen mmWGeO zhaf be peA to Lessee.
Fu putpmes d Sr�ion 8.03 antl ne Ar.[fe IX,ne�ertn Tle�Proreeas's�a0 mean tne emaim remai�inp hwn me pmss pf¢ttES a any iourar�s Hain pr cwqenuu�,cn r.am a'tb
emvavr,av ecpc�ses(mwenp xtwnrys fea�imtrtea m tne moeawi oe acn tlaims or awre.
SeGion 9 Q2 Im•I.fCmcv ot Nel Pmt2eCS. C L'rc Net PIDCltQS a2 Ptsf.'�aGte to p8y N lu]L'+e mS ot a�Y repav.[eSpff,ipll mpECS'ali0n w Co�lownert R:MeO(o T SNqn 9.01
tiae�,lessee s�tl G1w(a)wmpde:�e ror�miC oay sny ws:in ezxss d Orc amoum ot Nn Pmceeas,en0 lessee aprees Via�G q rtason C any wcf�'vsiC.oecy ol L�e Nn
RxeeCS.Lezue w�o+ate anY 7aY•'��W�A b�W��s at itis Seaion 9.V1.leisee sntl not Oe m�Ue��a a'ry remW.�sanem ve�ore hom lessor nv eu9 Lczxe x
ae�GC to ury ovn.v�un af vie emawis paye�k unCtt Mick VI nneo�a(D)d Laset is rot vi Oeh�Y1 tfe'ewOtt.Lnsee w9 par to Leuor tne m:num W me nm apN��y�Ruu�ase
7rtx,anC,u�on sum parman,Vie Lease Terte s.'u�temu�tle m�LezsRS v�mren if C�e Equi�rtrrl�a0 tcmnae as peaEM u�MirX%1 d�h¢Aq�eemetl. Tl�e ar.wrtq G'Ce NC
PeoceeOS a�esess ot Ne Crcn a7P�de W�ase Pnce.Q any.maY oe rttaiieC Dy lessee.
sRTICLE X DISCUfL1ER OF W4RRANTES;VENDOR'S WARRAHTIES;USE Oi EOUIPMEM
Seclan t0 Ot DeCainn ol Wamanties. LSSOR MAKES NO WAHRAMY OA REPRFSENiAiION,ERHER c%PRESS OR IM?LIED,AS TO7HE VALU'c,DESIGN.CONOfTiON,
N�RCx4NiA8llr OR�RN=_55 FOR PARTICUUR�URPO$'c OR E(TNES$FOR USF OF iHE ECUI?MEM,OR WARRrwrY WfiX R£$PECT T7IERETO. In ro nem u.a�
lessa ee GaEk!v sy i�OOen•.a�'vWYCq spe3al ol GanSe�ueftial Cdf.naqe v�COmetliOn rLtl a aRS.x�aut d Vf3 ApreemM.p U�e eLStenx.NmisM1Ulp.MK�iu�Gq or Lessee's use
ce any cem a Epu�va
Secon 5�U2 Vrnaofs Warram.ies. LessorlfemAY m�'�a1 aq�o�JS Lt�saro es�W enC Yome '�m,'aa C�rvq Ne Lwe Tam.so bnp m lessee sM0 nd De v�Oe'.xG nveuMC.
�assm tm tvne:o•w.0 ntis.ever tlau�s mG nprcs,inrlAing v.za�cies a1�ne EQusnem,a any+.�ir1�lessor nay nave apacix L�e vrnan W vie Emd�nmt. Lnsee's stle femecy
M N!DRdU Ol SiRT vaz:JNy.�IGGRYI.FX2fYM1 W RpflS[f11d4a11 stla�Ge 2gd']19 N!Vln00f d Cee cG�Ypn�ll 8n0 nQ 892ltA CI!LH50t.1�0f Y�i9 fW�rt�YC t�are ary�q �
w'v'sonconNenptcsdLeszorweirtspeetomuApeement,'vrhac�gcienpMmrc�eiveMxna:r.ietypay.ne9s�ttevWtt. LesseeeyresyaclupWeEqezmaleuar.ukes.
aM�ss maae,ro rtpresa:a.ion a wammies wt.auoevu u ta Ne emurce a ava7adtly ol wci wama.ties d crc vmeu d me Epuipme'e.
�eeion to 0� � o�m c ...,...n. Lasee�.9 nm in�ao.use.opea:e m maLnain Ine E9�iM+r�?�G�M.wtkssy.i�vda.ion d anY 4���bw a m a man�a tacary m
�con�empa;ea q ctis Apeemmt. leszee uiaf prwiae av pemu aM brmsn.e aaY.�zsa7�a Ne���in0 ope2im d Lx EC.ripmem. In aECEUn.Lasee at2n�o
mnpN i�al rtz�ees fnCUEUq.witnan Fmra.v�.wrJi rts7�m me use.ma'vnenarce en0 e�ion a1 eaCi iem d Ne EC��P^�)r't�a0 lars W L�e P+rtsECians u�wt�i[n cs
��'���M:�Y��EQUipmw may enen0 m0 anY kS��e.eaeu.ive,eOmnKrative a juE�l EoCr e�evvrtp anr pv«er or puisEieion over�<eems of L�e EQu'rymmy
prwiGeG.howevc.Vui lessee r.uY mam ci yrooO tmli Ne va6c�'a aPG6ufa�af any sucn 6r u Me in ury rcasmede manne�rmirl�tlxs na.n me reasana�le op'nun ld.�e
�essa.aEVCie�'8�..c0 Ne eS.ale ot lessv if arC Ip anY a�U1!GGTS C.Ne EQuiprtltlq O¢S YACGA IX llqf.l5 M0R L'�s At�MMAt
♦RTICIE XI OPTION TO VURCHASE
5eoon t t 0:Rt ae rtcves:oi leuee.lessofs'uxesrn in Ne Ealpmau anE aaEnional Re(cal Payr.iem wa Ee¢�miu:ea z�C me Apreemmf z�W mmna�e:
�a) N tne mC c�Nelaul fimewal Tmn,vpon paymerc�y Lessee c<a0 Rmui Pa�rtnertts arneEUlee as ae�lorc�in Eaux E ro Ns Fgreeme�c:v
(D) 0 Ne Lwse i ertn is itmnnate0 purTUiM W NIi�Je IX af�1�¢A3�eemeN,vi M eveth ol�OUI Eirage.[earvcion p COnOemnSion af t1�e E�.ripmety u
(c) any(me wM1rn Lessee u ro�On wd�Cds in Oe:auG uM[f N¢Aq.2ema5,upon pe�tnem Dy L�see Of�!Nen O��Ceqe Pwclias[?nr<b LCVn.
U�an m<xamenre«ar.r al w�n ev'nts,Leiw sM�,if rc�uesee q Lessee,xliva a BA 5 Sak d es remai.'v�q intam in:he Eqvipmr�t m lessee'AS IS-w1fERE IS'w�Jww
mtlr.ionaf mp a wymem q tessee.
�RMIEXII n551GNNEM,5U8LEA5WG,INDEMNffICAT10NNORiGPGINGANDSELLWG
Seaun t20/. nsv:�+nem M Lessor. iNS Ageeme`q anC L�e ripb G Lnsor naeunau.eay Ee assigneo anE«azsiqneC n wtwle m in pan m one a mue usiqneea anE
a�0assqnees D�Lezsu&orry tune su�zeQuM b¢s eaeattiaA vL1W Ne nettssEr M etaa'uss�g Te mnsent ol lesiet:povCed.�vwevc.Wf tro�uC�aszgrn�eni a russiqmeN
St�28 Ee G'Ctive�rti:e55 Htk�1�1 C�)lCSSGC LIY1 MC RflNGC MS!OI Lt!LSSiQ11Tbq R fflti9Mtttl OiSfbSTp Nt nim!dM idCl[ST tY LY Essignee 0�WEiSSigM.8�C m
Ine even ms wC�aa9:mc.t e mW e to a mnk or uust�am�anY as wttt W nalaas d rx'raa reC+�senvry'vicerss in ctis Aq2emn4 mrA ea��a ovs mviaT'a9rtes tn
r.w�•+u4 w cavse�n�e ma"cna'mM,e eook<fcy sYKem DY•'•iN a rew0 a1�wnes W aECrasa al suC�MOm n N my pa�'.iaAat tvne b ke�l aq preez.upm�ep.xsf of ine
Lasee,ro h.ms1 s.rli irLOr.�,ion�o Lnsee.Upon receql 6 rv�i[e a1 assi�.�neM Lessee agrets ro keep e�xem�e�erd Lwrol,aM to r.uke a0 wymeics m me assr�nee cesiqnzee
in ne irctce a1 assiqm�v�i,nowMSUqTp anY Ca'vn,Eetense.set�C a m�m�erUain rtulsaever(W�e:Mr ubinq han a vwC���is Apeaxm u anmise)ma Lessee:..ar:an
�me�o tine nave aqalna lessa.w Ne assqnee. lessea agtees u eimne aE Eno+me�tts.nirt�r.+aY�reasonady reCUeG W Dy Lessor a fs assiqnee to pnica tPee eGttess i�:.trs
AprtmeN.
�on f I 4 n a n . Titis pg�eemmt ana Ne intuK:w'Lessee e�11x Ep�ipmaa may not x soq,avlqneC a ennttnDUe7 Gy Levee wlnaut
me Ma w}cc mnaan of Lessor.
Swo�f 20] ifssee NeClq�nfL, TOLY[[IOY.ptrtNl�eC Er:lie Uws eM LonYSUt'v�pt VR S:SG,L[SSC2 SheA prmeC enO tdC turtnkis LGSSW 60rt12nE iqiuW]tl)MC dl faYi2y,
OOf9Siorti.bSSeS.di.'n5 anE Comdin WIVi50lvc.feqaCkss vl Cause NeN.8M eap�05�5 GI mIN[Gi011 NeM..I�.vuWtl'vf9.wLI1i11 6lGiW(1,fAUI15Gl tRi itlC ei�tltses.
pena'.ies sC er.ttet amnq oil.U w n me res�G af ine mtemq nt�tis Asreemem,Ne ownastip a'any nem d��e EC�+¢�+�n:,Ne a0ere�q,ayuisKion,use.opeacn,cnC�.on,
PeUiase.ErSvery.rcjeaio2 s:aage or rt..m 6 v�y cem W L�e Equi?amt a ury srdEem Li rmaca'a�rM t�e oP«S�l�se.mnl.ion.7cssessun.nanGe w`cna�d any eem ot
�x Equianaa raC.nq n esiuqe�o prvpeny w'v+jiry to a tlezn cf z�y pmm.m me ear.a:�a atli FanSq.oaEpsion.dss.clai�a aa..vge aurs out a u is pmunxeH�asec
q Ne ne;BSerc cmeua cl Lessee.ts a':ren.empbyees w a9�'�.i�e mf9atian d Lnsee a:sn9 unOU t�u Wr�+:+M sv!m�riwe h M farre aM e's ra.�.c�s.ucir,cx.9
payntrt:a:a9 eC�e o�fir�ations vMtt N4 AqRlmeR a Ne temnT.ion ol Ne Lease Tem.b anY re_•^�
ARTICLEI(UI EVENTSOFOEFnVITANDREMEDIES
$ttlon IJ Of cvem�ol De:e�k DefneE. ine IeCpw�inp sMll Ee'eve�es ot ae:avC unOer Nis AS���a Ne ttm3'eveN of Oe'au6'atk'Or:aS sM0 mran.vf.xnevn Cfey are
1:Y0 T N6 AGf[lf1�ML�y�!W TOfe Ot N!IoEOw�g eveNS:
(a) FeiLre oy lessee m pay any Rervnl Peynmt n aner paynm�requbeC to Oe peiG�newaer r,��e tine spe�fiM I+ercm:anc
(0) Fa�ne ey Lezsee w oexrve an0 pMUm mr mvenant,mdtion v agrcemaH on us par,m x ooserve0 n pMOmeC,xnc man as rtmec�o n Seaian 13.Of(a),ror a aaim of
]0 Cays a.er rt.tm na.a,saeafyu�p wm:aivrt ana rcyues4nq ma i M remeCieG as qivm to Lessee oy Lessa,vNess Lessa stu0 aqrte in wm�np to an eXe�uon af wc une prior
L�N[GxDUa1K(1.DIM]!C,�WlvH,Q V�!Wi�.uR Yd.eO n Ne nCtiCi[dMIL 0�{ArtCqCO w,'11C.[i'J�IiUd!plti00,leS W wi!M WiC25p�dply w.VIMIC f3�5l:.Y b A1 eJlGnSiOn
(A SLCI IT.IG E fMCCN!iC.Of16 YtN:Y.lO Cy�CSSC!MNT Vl!dpp�ip.HG plI90 Dt10 CC'Otfitl'/DY(SUlE Wfl QI[Ol18tA 3[V!!lCCQ.
(c) Tre ftr.nS q Lasee G a vdumary pr.a'm ci Cank�up�cY.a ivlae Dy Lessee pan�Uy to Ct anY exeonion.par�tv�i,a saUVnmt al suC�mmepur.re as wGa n:.ai ne
a0aay�lessee ro�ary m cs govemmercalMrctim a aajuera»n a Lessee as a mnwpt w asvpnmetC q tessee tor a�e Oenefa ol aear.ors,n vx mby Uy Laue�eo an aq�ev:ny
d tCT�NNM wN GG�LOlS,IX N[800�'a1 W B muM1 d fDTJlttR}rt6CiGi0l1[d B pC.Lnn B�pbCeWC t0 LCSSC!YI azry p(O[ttCJlt3 CL[:GY:C�6f0u Ne prwizau ot ux Fe�enl
Baniwptry Swt.e.as anmEeE.u ubn any sinlar aas wtiC�ma�nert�n x maCea.
The laepoinp�aavu d mu Seaon l7.Ol me sunjeq�o n aie pmrisbna d Secion 6.0�ne:eat wc�respee w nona,pnpia�on;am�)E Oy reason ot lace maKUre Lessee s
uude in w}iole s i�pan to v+ry M ea aprecneN on M1s pan nere�f cMatneC,aNa Nan me oD6`yiAlis on Ne pan a Lessee ramaeiea'c�M9rJe VI t�veoo,�essee Seuo ntA ee oea�e0
n Ge:aul0ump Ne mY.�wanes d sutJ�nayl.iy. TTe tertn'lars najewe as�ua nam a:a'J rxan,vaw:lin:Y.ion,Ne to0wiry: xis d C�a;rnl.es,brtouu n cme eoyoyee
21x.ians EiSUroarces;aes�W tic enemin:pCm u rtittatres ol ary kin0 0l Ne pwerrunem d L�e UmeE Sutes d Nmira a tne stae wnertn Lessee e lam:ro a anr d u�e'v
aepart.�nMS,aqmd's a�Wb,or a�ry aH u r�Y:ary 6uNOrey,c�wneCims:nCS:ImiCSlaes:earL'pti;akes:(rn:stmns;aouqNS;fbo[s;a upbvans.
Swion 1J 02 Re++eOes on De:a�R. NT�enevn ury evenf G Ee:au�rtlertrL b in$eet'v�1701�aed s'�a�Mre tiappmeC aY De cMivrinp,ltsaet aMn!luve t�e�3 n tl sole
opUOn wnan azry t��.nc aemane a n2ie.tn u4e one n my m�vmatm al tne IaOOwmq�emeeel seps:
(e) DeCarc al Renui Parmttus Cue or�e wsmie aue eueing�e Orynal Tam a Rmewal Tmo rim'v�ertm ro ee irvoeaizey Eue aM payade.Mercupon wm Re'eal Pay.nercs
snao oe i�nr.x6sery tue ana paraEk;
(a) WN n rG�wf.fe�'ng Nis Agrtemen�rt�a1.e possesson 5 Ne EQuipnmt anE uC,lease a su�ieau Ne EGuipnw lar L�e a�um v1 Lessee,aM a�plr C�e prxeeES d sWi
sale.katt u m0lease ro pay 6x IoEwiq ee�s in NeloOO�wK,aner.n a0 msi ena ezpema ol Lessw retalvq t�crc(npemerna.im o1 remMie wCn Nc Aprerneic m tu�:ra
proviOeC tfnm;(n�Cfe a?pli[ade W�Case Ptice d Ne Equipnef.t aM(v7)Ne RetGal Pa�ne�sz Oue Cump Ne OnpvW Tertn n Reneral Tc.n Nen in e:ie4 aM
�c) i dk!vrTXlvC dCi01I utktt tlft IkICYRI CRNfIl2121 COCG Of utbC SI1C ITw O�YI eQt�Cy d5 rtldy d�ptef IIG[lst8ly 0�Oev'a'Je b M.oR!6f nqb 0S L1G O'wT[f W Sl6itM C[ECIX
a me EQui,cnc
i
!nsee tunnr.ag�ees:.at Lessee s�all uay to Lessor wU IWxr amou(vs as may De suGidmt to remEU:se Lessor hAy lar es wns antl eapensez m ncurte0 as a iewq at!ezsee's
aY.aun ufcluamq,wNw.Wcaim,Lezza/s conz sc ezpmzes in W oruK.oi mCeavoring to eMwce,us ngltts antl remeCes unOer ine Apreomcr�:or v�ciEem ine:etq'vrLEng�out
Imqa�cn an0�o Ine exteirt�w:pronimee q ap�de law,me lessofs ieasonade atmmeys�ees anC eipenses fu mtmcsg Lessee s oebpafnnz nere�maer.
SMbn t303 wo Rmcar E.rY�sive. No reneCy�erein mNmeC upon a reservM a Lessor b'v+tm4a lo oe eaWUi+e aM every u�r1�mneay s�ao Ee am�lative am snaf Ee in
aGnf.ion�o every ana remeaY Gxe vnEC mis ngreemem v imw�a ntteaRer edsimB a bv m in eatnr. W CNaY w m�ezion m esvdx anY^gtn a G�'�r atrndnq upon mY CCaNt
vwA anGID�anY suU�n9tc a V�'n o�sAiC M mnsweE ro De a warve�nereof.W:eny wrli npnt anG 0�'+���Y De eaetCSeE fram ime ro t'urc am as C.m a rtuY Ce aeema�
e�eOieM.
ARTIGLE W M6GELUNEOUS
SeCqn ta 01 NpIiCCS_ AE nalices,re�AUtn n GM�cammunraliom�e�e�eWet S�aP De sutfi[ienty piven en0 s�a0 Ce OeCmeO yivm xMn OetivttW w maieC Dy rtginereE mai,
pcz•ape p�epaiE,to me parties al meir rnpecwe placn C Wsixss.
SeGUn 1 e 02 9i'Mi o Etteq. TNs Ayreemenl sna9 inure Io uce Dena:n n anC ahall be CinEmp upon Lessor enC Lessee aM C�ee rcspvaive wccesw.s ana assigns.
$eCOr.i�0�. Seve.�sEd�iv. In Te C+mi ury provsion d Nis ApremcetG 6tWA pe MI�u�valW Or uneniwceable Dy any cauR ol compalmt jivrsaiCnn,sut�twl0inp StW�nC,u�vtlq2le
IXlMO!!IIIIM�Of[LeYC dfl)'OL1Cf 4f W6Df1 hCRO'.
.SlCtQn 1<01 Ammcmmts. Tha�ertm of L�e Agreement sRaO ml 4 waive0,aRereO.moEdeE,sunpkmenteE v znmae�in any marv+n w!a�soever ex:epl Dy wva�ins.'wiwn
zgneC Ey Itf!Less>av Ne Leisee.
Sealw t�OS Exewtim n GrnnittnaM1S. Ttes Aqreeme+�t maY pe exealN uf serual wunferparts.exl d wNC stw0 Y an onpinel anC t0 0l rniG�sY!conrif.ute Ov:one in0 Ne
zame imwmnc
$eqion ta Ofi DekveE Gasna In Ne r.ent M a aeiayee Gvsng,le�sa s1+aA racehe ec aoEi:unal mmpensation any ai�w�crt Nm acuuu Ee;ween Na Cormnance.�neN Dae a:q Ine
Cbsnp Ome.
$eclion 1 a 07 Aoofrca�le�aw TM AprtemeM stuA Ee gave:neO py aM conz7ueC in accortlance w't�the Iaws of Ihe Slale.
SeQbn la pg.�aotions TTe�splions a neeEVgs'v�mu Agreemeal are la cammiem�e mly aM tlo na9 Oe6ne,lun:or OesciEe Ilie uope w crtml ol any prvrisions�!aetlions tt:nis
Apreemem.
Seoion ta.09 Emire nvrtemem. T�is Apreemeiu anG tne eattuteC Ea�i➢cs sacheE ncefe mnstaine tlie eMVe apreemerit Dclween Lessa mk Lenee. No warva,mnse:v,
moERralion u Cunge d te.^ns ollnis Ag�ttmenl snall DinO eMer pafy�Ness n wmig siqneE ay Uan penies,anE tnen sufn v.aiver,consen�moORrcatim m Canpe sha'J Ee efleGive
ony in Ne speufc v�nance a:W lor Ne:peGC o�WSe qivm. inete m no�naerstanan's,ag-eemenis,re.mumtafians or vnrtart:es,e+press or'cnpGeE,M zpeu'.eG nveim,
repL:Oinp Vrs Fpreeme'C v Vx equipmeM IeaseC�cns0a.
Setton t�10 E.eWion d Faaimie. In urc'vne(est of tine,exh�nny agrees inat exmNOn W spnatwe papes C,thb Apreemen oy suU�par.y fo�weO oy o-ansm'szon N zuU�
papes q ixsmGerelrapier wi0 De IepaOy o�Cinq vpon surn pany. Afler eaC�pany�as eaecweC aM va:smnetl w�sM,�aiwe pa9�s.eaUi pariy agrees�o exea�te nara royes ol
via Aprcement eM ro orompuy tm�rarE oripnals w ttx aNer pany nttac. -
$ftliptll<.11. COrt[tlq11 L:�OCUTtfitS. LeiSL!lgrtts�0[aKY1!&b El�rvlf,Of pfOVbl,'d5 f@QtGlCO�'�CSSOf,dny CCC:lTqi'3 dI1G Plt0f1'18:Ip1,ftC(tl IL�1!10�RII[,Vld:l118y Ce
IIttG55dfY IC�hG p�t'p05<O:COrtMY19 ilry'mWS Ci Of11iS5i01f5 T NS lldY IX b fMM N!IN!YtlM.d LGisQ in Ltis Va.^sa:.pR All wc�EocumeMS sM niamY,en musl Ee
sa.islaaory to Leszv.
SlCtion te 1e W4NEF OF JURV TRIAL. Lessee a�E Lessa trcreCy irtevocaCly warve any rpM lo o urY�^al�^'Gn respetl b any mal:a ans'vig unGe�tt m m�nnYion wM ttes Least
an0 aqrce Inaf any cispu:e s:ali Ee Enertninea Ey a mun si:ing wMOUI a j.iry.
SeCtpnla�7. PR•�axeBonCS. Crepueste00yLessortofatll'raepaymuPSiovmEOrsnaEVanceW.OeliveryaiMaazptance.LessttagrcesrorcqWreLiaE��ipmmt
ma�ufaCUrtt,ark a7 d.�tt mn•.raGOn a�Cror weepnuaonrs(eollniv¢y,Cor.vacors�wM w�wn Lessee�as mmrxteC fa Ne xquis2m o::ne Ecuipment,b poviEe
perlrnme�rce DmC sa,isfacbry to Lessar m�MAia+eE upan Ine wnsuuaim N I�e Eq�ipment ss expeatiousty as reasonady pozvde trom Ne Eate a1 eaeuaion o1 wCi Lease e�W also �
miaaione0 upon EeLvery 6 posusvon W Te Eqwpme:v�n me Lessee tree aM tlmr fE ee 6ms eM ena�mEranr:s,exr�p me secumy im.aert ganfea m Lnsor�Cer�e�rax
Pu�ax hpreemca. Eac�su�DonO snaa ee in a 1o�m ane w.tn a su�py xceRa�le m Lessor an0 s1ia0 name Lessor u a Cual odgtt. i�e Lesitt WO ptxeeC prvmyJy w
pursue adqemy any remeeies availade aqainv a Gmcntta mat a n aCrm unan any apreemeru refaiing m me acQuke�m aia consVVaion ol Ne Ep�no��enOlor agaiW eaN
suery m my EmE sec�¢ny��e pe�amx�rr d sirn Cof¢radNS oE6qations we��espee�o C�e atWisaim anE constvdim K Ine Epuiprtrst. Tne Lesaee ab lessor s���ause Ne
ne1 pocee6i recovereG Dr vay W Ne tuegoing ta Ge app4eE.st Lesso(s op4on.W n Ne completion of Ne E9�RM�L s(iI Ne paymeN o�aY rW paKnen4 Nen Cue p4n Ne L'�m
aDG��a Tttmeiafen Balanre_ Any Ealarre af na paeMS rtmav�Ng afler wmplCion c<Epuipmem tansuWron or wYmem of Vie ou�sanGing Ga'anfe oweC�nEtt Ne appticade
Lnse vutl De paia prompUy to Lesstt.
Setlion f a.la Trtne is�tne Esuixe. Leisor anC Leuee aprte Ilut Yme u d Il�e essencs of a0 povivans of eac Lease mfereE inb�nOer N's Aprcement.
MY lCITS 9IIC COIfEM1IOM G 2�Y qITJ1ESR�fOtl 0!OL'IG!EOCUI:ICN SUd[I@GE Ey�[SITY Yl COMGCIIIXI WIIII lN5 AHIIYMtI:W.:ICfI 8'8 IN BEELLi0t1 b 0!fKM56�lIli Vl.lfl(fl!�CRIIS MO
mnCGOns oi m6 Agreemerc w0 nol Ee e'utling on lessor enO��na appy m uds agrcemeer.. �essee oy ine sig:a�ine cebw a a:auinace�represema�ive ackno.eetlgez:�a 1�nas
aaa trti Ayrtemem,unGerstanas q antl aprtez fo De oou'M Ey iLLtmms aM�anEnons.
P!WITNE55 YMEREOF.Lessor has eamrteE tlis Fq�eemmt in us rnrporate mm�e ana or as Wir a�n�onzeC oYea,eM Lessee�es muxC uvs hqreemM w Ee exeanea n 6s
mpora:e nax an0 DY SS EYI)'i1�JNfQCd OCCCf, AY 011f�!ibY!OC2{CICO ii pl NG Odl!(�vTitlM ClIOW;Ui3 ApfKf.l!(11 3I180 G!CIR'TtJ O!1 L!E[!DCQVIIIYIQ M C1!Od:!L 6
dCS!'J.lO GfIE tx�6.�tE by LCSSOf.
LESSOR: Leasing 2, Inc.
Exewte:
BY
Title:
Date:
LESSEE: City of Chula Vista �
Citv of Chula Vista
Execute: (Attorney)
BY: By:
Gary Halbert Carol Truj illo
Title: Citv Manaaer
Title :Deputv CitY Attornev
�ate:
Date:
4
EXHIBIT A
� RESOLUTION OF GOVERNING BODY
EXTRACT OF MINUTES
LESSEE: City of Chula Vista
fv a duy calie0 mee�.irg of tne 9o�entirg�oCy oi Lessee�eIC on Ne Eay of ,20_,
Ne to�owirg resdution was uGroduced and adopted.
RESOLVED,whereas tlie gouenong body o1 Lessee has deiemuned'Jut a we an0 very real neetl edsfs fw 6�e acqusilion ol ihe
Eq�ripmmt EesrribeE in tne LeaseHurhase Agmement by an0 benreen Lessee and Leasing�Inc. EateE as W December 1,2015 and
presented ro ttds meeting;anE has tuMer detelmineE Nal Ne Eqvipmen wi�De used wlety tw essential go�emme+wal tundions aM rwt tor
pmate business use.
WHERElS, Leuee has taken Ihe necessary tieps, intluding,wi'J�out limilation to mmpGance with legal bidd"vg requiremenu,urder
applicaWe law ro anan0e Iw Ne acquisifion of suU EQVipmem.
BE 1T RESO WED,Gy Ne grneming body a:Lessee Ihat Ihe terms d said lease-PUrUase Agreemen;are in Ne best interest af lessee
for the acyu¢iGon of suC�EquipmeN,antl Ne goveming DoOy ol Lessee Eesignates ar�mn5mu tne tollowing person fo esecule an0 Oefrver,
Me Lease-PurUase AgreemW aM any related documents nece55ary to 1he mnsummalion of ttie Vansatliofu mn:rm�lateE 6y the Lease-
Purrluse AgreemeN ar�E Esvow Agreemen:.
Garv HatDen.Ciiv Manaaer
(Synafure ot Patry to Fxeaite Lease-PmUau Agreement) (Prini Name an0 TPJe)
The undersig�retl huther ferufies Ihai the aDOVe reSOtNion Aas not Deen repealed or amended anE remains in fiN fwce and eReC an0
tunher cerJ4es that the aDwe an0 bmgoing Lease-PUrc�au A9reemeru is Ne same as presemea at saiE meeCug ot Ihe goveming boEy af
lessee.
Seaetary/Gerk
(SEAy .
Date
{LETTERHEAD OF LESSEE'S COUNSEU
EXHI6IT B
OPINION OF LESSEE'S COUNSEL
LESSEE: City oi Chula Vista
DATE OF AGREEMENT: December 1,2015 ,
Leasing 2,Inc
1720 West Lass Sveet
Tampa,FL 3 3 606-1 210
LadieslGentlemen:
As counsel (oi City o1 Chula vsn (lessee�, I have ezamined tlWy executetl originats ot the lease-PurU�ase Agreemeni (tlre
'Agreement'),Detween Leuee aM Leasing 2.Irc.('Lessaf�,tlateE as of DecemEer 1,2015 and I�e proceedings laken by Lessee m authouze
end e�cvie ihe Agreemeni. BaSeC upon wU C�wmination antl upon wch other examinalion a5 1 have deemeC necessary or apD�P��e.I
am of the opinion I�at: �
1. Lessee is a puDlic body wrporate and polNC.legaqy eustirg un0er the Ww5 al the State of CalHomia.
2. The A9reement has been dWy authorizetl, e�cu;ed and de�ivere0 by Lessee, pursuant lo ConstaulionaL statutory andlor home nAe
provisions wtvU aullwrize lhis UanSaCion mW ResWUtion No. ,attaUed as E#�iDit A ro lhe Agreement.
3. The Agreement's a legal,vaGd and hirM'vg obGgation of Lessee,enlorceable in accordance with Rs tertns. In ihe event the Lessor obtains
a jWgmeN against Lessee�n mp�y damages,as a resuC of an event of Ae(autt uMer tne Agreemeni,Lessee wi0 De oOGgatetl ro pay such
juEgment.
<. ADpfrcaMe Du61ic biEd'mg requirements�ave Deen complied wii�.
i To ttle Desf of my kiroWedge,tro IiGgafion is penEing or t�reatene0 in any cou�or o;her iribunal,state or federal.which Ques6ons or
affeGS Ne valiGiry ot tAe Agreemenf.
6. The signature of tJ�e alficer of Lessee wtucn appears on ihe Agreemenf is we aM genuine:I knaw saitl offiter arM know hirN�er to�WO
the offcz set fonh bebw nismer names.
7. T�e Equipmefu IeaseC pursuant to Ihe Agreement constdules personal Droperty and w�en wOjeIXed to use Cy Lessee will not be or
Decome fibures under appliwWe taw.
8. The leasing of Ine EQuipment pursuant to the Agreemenf is eaempf from all sales anU�e tazes agaiiuf eiNer Itre Lessar or Ifie lessee
Eunrg Me term ol the Lease aM Ne EquipmeN w81 Oe erpmpt irom any state antl loral personal property w other aE valorem ta:es Curing Ne
te`m d.the tease.
Th¢opinion may be re5e0 upon Dy I�e adCrrssee�e2of arM a5 suaessors antl assignees of irqeresis in tAe lease.but ony wiU regard
to matters spedfiw�y set knn herein.
Sincerey.
Carol ^rujillo
Deputy City Attorney
EXHIBIT C
CERTIFICATE AS TO ARBITRAGE
I,Gary HalbeR Mreby certiy Ihat I am tluy quatifieE and aqin9 Ciry Manager,of Gity of Chula Y�a (;he Yessee�,and thaf in
my oRaat capaoy as surh a5rer,I am responsible tw ezecutug and delivering,on beAal{01 tAe Lessee.�he lease-PurUau Agreement
AaieA DecemDer 1, 2075(G'�e 'Agreement�,Gy and Cetween Leasing 2. lnc.(leuo�antl the Lessee. Tttis CeniSrate a being issued
pursuaN fo Seaion 7<8 of Ne Irriemal Revenue Code of 1986, as amerWeO (ihe 'Cade�, and Ihe Treasury Regufations promuk}ated
tnereuMer(the 'Reg�AaSOns�. The follovring faas. esCvnates xntl arwms�ances are in ebstence on the date of tha Cenificate or are
reasonabty ezpeqed to octur hereafler. .
1. TTie Lease provides for�'re aryuisnion aM fuw+�drg ol certain equipmeru tlescnbed therein(Ne'EquipmeM� ?ursuaru to Ne Ag�eement,
the Lessw is required to lease:he EG�ripment to the Lessee and ihe Lessee a rqvQea lo make rer¢al payments wiN respeU inernto,cwnprisirg
prindpal and vicerest,on the Ca;es ard in the amourrts set toM[herein(the'ReMal Paymems�.
2. On Ihe date hemo[Leswr vnll deD�t i(rio esaow to be held ta ihe Eenefit of Lessee Ne artwunt of 5334,578.60,wNC1i,togetMr arLh
"vaerest eamed thereon�mal d"ab�ased H neressary,vnL Ee�aetl ta pay Ne mt;s of Ne EQUipmertl in Lhe amouni of f37e,578.60. In the e�ent
any interesl'uxvne remazns in esvav aRer payment ol suU Equipment cost suU amount sha➢De relained by Leswr as adtlitional fee
income.
3. TTe Lessee has eraered iMO or vrill witAin siz(6)moNM of 7J�e Cate�ereoi emer into mnVac6 7or[he acyuisi;im af It�e EquipmenL whi�
LOfIV2tl51W1 ObllfJdt¢ihE Pdytl�Elfl Of d�dR10UliL5 hCld N tStfOw.
4. TM Equipmerrt w111 be acquiretl wiN Eue tli6ge+xe aM will be tully acquired on or�efore
5. In a`ry e�en[,afi ot Ue spe�da�le p�ocee0s o!ttre Aqreement witl be expeMeE on the Equipmem vnthin Vuee(3)years hom t�e daie of
ezenitian af lhe Aqreemenf.Mo proceeds Df Ihe AgreemeN wiit be useE iD reimWrse Ihe Lessee for ezpeMitures maEe D�r Io Ihe date ot ine
+55uance of the AgteemejC,urtle55 Le55ee 5�all�ave CompGeO witli Ne requuemenl5 ot Setlion 1.1562 0:Ihe RegNa�iorts.If applirayle,a
copy of lessee's oTiaaf In;em w8h respea to such reimDUrsemem is attached herelo as anaUUnem 1.
6. 7t�e original proceeds of Ihe Agreement.arW ihe"vr,erest to be eamed Nereon,do rwt�cee0 Ihe amowt�cessary For the govemmemal
Puryose for which Ure kgreement a issued.
7. The inlerest of the Lessee in the Equipment has mt been,and¢na e�ected tlurirg Ne rerm a t�e Ayeement,to�e w1E or othervrise
disposed oi Oy Ne Lessee.
8. No sinkifg tund wi0 be maintamed by the Lessee wM respetl to Ne Rental Payments.
9. ihe Agreemenl is not a TeEge GonO'wiNin IM meaning ot Seaian t<9(g)of IAe Coae.Tne Lessee ezperl5 m speM no1 less than
BS%o:the spendable pmceeds d the Agreement wi;hin ihree years after the tlale hereof aM less Ihan SOX oi the pioceeds of Ne Agreemem
is investeC in Nonpuipose investments t�aNng a su�stantia0y guarantee0 yield for four yean w more.
70. In the Aqreemen;:he Lessee has covenanteE lo take a0 aGiore neressary to ensure tAaf the inlrrest paid unda the hgreemerq remains
exGutlable trom gross'urcome uMer the Cotle.Sucli covenam indudes,ri.cfmN 6mitation.;he requvemem to compy wiU 7he requ"vements o:
Ne CoOe rela•,ing to Ne rebate of arDFUage proCa to Ne Unsed States GovemmeM.
7 7. To Ne best W the lcnowledge a+id beGef of tne undersigneG,ihe e�yeUations of ttm lessee as sef foM aDO�e,are reasonable:anC Nere
are no present taar,esicnates and drevmsiatxes wttidi woWd damage the foregang e�eGatiw¢.
WI7NES5.my nanES t�is day of 20_
LESSEE: Ctty of C�ula Ysn
By:
Gary Halben
T'r.le: GiN Manaoer
City o° Chula Vista
(Attorney)
9y:
Carol Trujillo
Tit1e: Deouty City Attorney -
EXHIBIT D
DESCRIPTION OF EQUIPMENT
The Equipmerit wtic�is Ure subjed of Ihe attached Leasc-PUmhase Agreement is as fo0ows: '
�1)HME Ahrens-Foa Motlel��d1500 Type III Fire Engine Stock 7ruck VIN: "
fogether wit�a0 additiorrs,accessions aM repWcemenlSlhereto.
Lessee hereDy cenifies ihat t�e tlesa�ption of tne pe5onal pmperty set(onh aDOVe constitules an aaurete desaipiion oi�he'Equipmerrt', �
as define0 in fhe attached Lease-Pumhase Agreement.
LOCFTION OF THE E�UIPMENT:
605 A4.M.icuef Road � .
Chula Vista.CA 97970 • .
Afief Le55ee SigrK Ni5 Agreement.Le55ee auttronze5 LeSSOr to itssert atry rt�issing iMortnati0n of Ufarlqe any maaurate
mfortna4on(such as the model year af ihe Equipmmt or its serial nian�er w VIN)inta ihe DeuripGon of Equipmerri .
LESSEE� GHy o1 Cnula Ysta
By:
Gary Halbert
Title: C�v Manacer
Date:
Citv of Chula Vista
(Attorney)
By:
Carcl Trujillo
Title :DeputY Citv AttorneY
EXHIBIT E
PAYMENT SCHEDULE
LESSEE: City a Chub Y¢ta
EQUIPMEHT COST: 533e,578.fi0
COM.tdEHCEMENT DATE: 12/1l2015
INTEREST RATE: 3.77%
PAYMEM PURCH0.5E
NO. DATE PAVMENT INTEREST PRINCIO,q� PRICE'
1 &12016. 539.17a.35 57.191.26 531.983.09 5308.7a7.72
2 &1R017 539.77a.35 59,595.82 529.578.53 5278.033.06
� 3 8I7r1018 539,7ia.35 58,657.8� 530.5�6.57 52aba76.62
� &72079 S39,Vt.35 57.fi90.t1 531p86.24 52u.055.93
5 8I72020 539.1i4.35 56.697.69 532,t82.66 5180.7a677
6 &72021 S39.i7a.35 55.667.61 533.57i]4 51<6.524.82
7 &72022 539.1i<.�5 54,598.86 534.575.�9 5171.365.25
8 &V2023 539.574.35 S3.SW s7 535.671.4/ 575,212.37
9 &7r2024 539.576.35 52.377J9 536.803.16 538.129.60
10 8l12025 539,174.35 51.20a.11 537.970.24 5p.pp
G2n0 Totals 5791.7a3.50 557.161.90 537�,578.60
LESSEE: City of ChuW Y¢ta
By:
Gary Hawen
Til)e: Cilv Manaaer
Date:
Citv of Chula t�ista
(Attorney)
By:
'After payment of Ren;al Payment due on such date. Ca rol Truj i l lo
Tit2e :De�utv Citv Attornev
EXHIBIT F
ACCEPTANCE CERTIFICATE
The undersigned,as Lessee wMet Ihe Lease-Purchase AgreemeN(the'Agreement�CaleC Detember 1,2015.wif7�Leasing 2,Inc.
('Lesson.hereCy ad,nowleEges:
1. Eauioment Celivered antl acceoteE: Lessee �as receivetl in goatl rontlNOn all of ihe Equipmenl
tlescribed in Ihe Agreeme�t aM in ExhiDit D thereto aM acceD��e Equipment for atl purposes t�is
day al 2U
2. Eauinment daliverv has not vet taken olace: Tne EQwD�nt descnOeA in Ne Agreement aM ui
E#tibh D Iheretq Oas wt Deen EelivpeE,Dut is scheCWed to De detiveretl witNn 18 months. Lessor
�as agreeE to Ceposii in7o an esttow acca+nt an am0unt 5ut66ent to pay Ihe roWl cost of Ihe Eduipment
itler�tified m EAtibit D of Ine AgreemenL Ezhihit E amuately renects 1tre Lease PmounL Lessee agrees
l0 esecute an ACceDian[e CertifiWle a�W Paymen�RequeA Fortn authorizug paymenl o(the CoSI of Ilu
Equipmem, or a portim thereof, for eac�wilhErawal ot tuntls from tne Escrow AccounL Lessee'S
o�ligation to commence ReMal Payments as sei foM u�E#iiDit E-Payment Schedule is absoMe an0
unCOndRional as of Ne CammerKemem Date.suDjeti to ihe terms and cOnd'niMS of the AgreemeM. .
Lessee Wnher aUnowledges Nat me Agreement is nol wCjeG to Me suaessfW eelrvery of tl�e
Equipmenl,anE tl�at in I1�e event ol nonpedortnance by ttre Ventlor.Lessee vnll retain all respo�nibiily
for peAOrmanre untler the Agreemerrt.
3. X Venaorwll De oaitl in futl orior to deliverv ol eauiomrnt: A 700%pre-fun0ing will be ma0e Dy lessar
to Vendm ol Ne lease amount identi8etl as'Equipmem Cosf on the Eshbit E-PaymeN SNedule ol
the Agreemen�. Lessee agrees to indemniy aM�aIE Lessar turtnless han and against any anE a0
Gaims,costs and expenses incurtetl(intlutling Lesso(s attomeys'fees).Lessee further adinowleEges
t�at V�e Agreemeni is not suDject to Ihe sucrRSSluI Eelivery o1 ihe EqiriDment,and t�at in Ne eveni of
non-pertortnarrcx by the VenEOr. Lessee will relain all responsi0il'dy for pertortnance under Ihe
Agreemenl.
L2552C CENfi¢5 ihal Le55of INS filfly 3!q 521i5f3pOfily pC!(OrttIOC 211 O1 i15 COVEndMS dM DbliJations requirEC ulldEf lhQ A9r2CmErtl,LM
r�nfirtns tlwt ihe Agreement wi0 mmmence as aefineC by'Comme�ement Date'in the attaU�eO Agreemern,an0 ii will commence payme�us
in arcor0ance with Artide V�al Ihe AgreemeN.
Tne un0ersigned officef ot�he Lessee�ereby reafGmis on 6eha1(o(the Leuee in all respecis Ihe covenants of ihe Lessee sel foM in Atlide
II of tAe Agreement and represenis Nat,to the best o1�is or�er knowledge,infortnation an0 Defiel,the expeaations t�erein e�yressetl were
reaSOnaDie as of�he Cortmenrement Da1e,anE Ihat Nere were,antl are as of IM dafe on wniU ihey were ma0e,anC are reasonabte as of fM
Commencement Date.no taCS,estimates or rirwmsta�es oNer Inan Ihose e�ressed Iherein Itiat woWd materially aHect Ihe e�ectalima
e�resseE tnerein.
LESSEE: Ciry of Chula Vista
BY
Gary Halbert
Tele: Cnv Manaoer
Date:
Citv of Chula Vista
(Attorney)
By:
Carol T:ujillo
Title:Deputy City Attorney
EXHIBR G
ESSENTIAL USE/SOURCE OF FUNDS LETTER
TO: Leasing 2.In[.
RE:Leas�Purrhase Agreemeni DateC DecemMr 1,2015.
Gentlrmen:
Reterenrc¢made to certain LeascPurrhase Agreement datetl December 1,2075,beM�een Leasing 2,Inc.ard Ciry of Chuta Yata,lea4ng
ihe perso�l property desaibed in Faiibit D to wU Lease. Tids conTUms ard a5vms tnat sum eqicynem is cssen;ixl to the(unaioris of ine
unEeRiglleC or to IIre SeNifP we prOViOe io Wr titlZeta.
Fimher,weluve an immeCia;e neeE(or,and e�ed to make unmedia;e use of,substantialy all Ne Equi�mem.whiU�ed a not tempwxry or
e�eaed to Eiminish in Itre loreseeade finure. The Equipment�riU be usetl by us oNy for tlre pwpose ot peROrm'ug orre or more of ow
govermnWal or proD�eiary iurKlionS[ora¢tem with Ine petmi55ip1¢_5cppe ot out aulnortty. Soec�w�N.tAe Eauicment was selectxd Ev
us to be usea as tollows: '
Pleax desaine USE W eaviomerr,�
sincerey,
Gary Halbert.City Manager . Date
Carol Trujillo, Deputy City Attorney Date
EXHIBIT H
DESIGNATION OF BANK QUALIFICATION
In consiCeration ot tJie mutual cavenanis of ine Lessrn arM Lessee p�asuant ro I�e Lease-Purchase Agreemeni EateC DecemDer 1,20i 5.
(t�e'Agreement7�etween Leasing 2,Inc.('Lesso�arN City of Chula Visu('Lessee�,suG�AgreemeM is mod�fied as foDOws:
Lessee ceNfies that e reaso�uDly antlripates that G antl all af its 5u0ordinate entities will not issue mo2lhan 570,000,000 ol'qualified taz-
exemp� oDfigalions'(as Nat�ertn a tle5ned in Seqion 265N)(3)(B) af lhe Intemal Revenue Cotle of 7986 ('l�e Cotle')tluring Me uurent
calerWar year.
Furiner.lessee hereby designafes t�e AgreemeN as a'quali5etl taz2zempt o0tigafion'in accofEance with Seaion 265(D)(3)(B)of t�e Coae
so Ihat it is eligiDle for Il�e e<ceytion cnnia"u�eA m Sectim 265(0)(3)of the CoEe antl fuMer reni6es br ihe puryose W Ne overa0 limila;ipn o1
Seuion 265(h)(3)(D)o(the Cotle Nat it anE ils suborEinare en�ities have not as ollnis wleMar year iswed more ihan 570,000.000 of a6fgatiaa
whiUi il has designated br[hese purposes.
AO tertns containeG herein not othervrise defirad sAall nave ihe same meaning as such lertns are usea and defined in the Lease.
Marlred nereto is a completeE trrtemal Revenue Service Fortn 8038-G. Intwmation Re1um for Tax-Fsempt Govemmental BoM Issues.
compfeted on Dehatt of Ihe Lessee(or,if lhe invoice price of the EpuipmeN uiWer suc�scheAule is�ess Nan 5700,OOQ,a Form 8038-GC�.
IN WITNESS VJHEREOF,the lessee has rauseC ttds Agreement�o Oe ezecutetl Dy its duly a WmnzeE oficer on Itis Ne bay of
,20
LESSEE: Ciry oi Chula Vista
By
Prin:eO Name: Garv HafDen.Cav Manaaer
Citv o•_` Chula Vista
(Attorney)
By:
Carol Trujillo
Title:Deputv Citv Attornev
EXHIBIT I
NOTICE AND ACKNOWLEDGMEMT OF ASSIGNMENT
Leasing 2.Inc(lessarj nereby gives rolire to the City of ChuW Ysb(7essee�ilwt lessor�az assigned a0 rigtrs ro payments unEer Uu
Lease-PurU�ase AgreemerG,dateE ai of December 1,2015,heiween Laasing 2,IM.(1¢s5p�arM City of Chula Ynta(7¢SS¢p�.
�wsing],inc(tessor�nereDy requesu,gives no�re ana iratrws Chy o!Cnuw visu(Zessee�mat paymenu Nat hereaRer wme Cue
pursuam ro the Lease-Puichase A9reement be pad to SanbnCer Leasing,LLL w its Assignee.
Santander Leasing,LLC
P.O.Box 14565
Reading,PA 19612
LESSEE: Giry o1 Chuta Nsta
By'
Gary Haleen
Trtle: CiN Manaaer
Date:
C_tv o` Chula Vista
(Attorney)
By:
Carol Trujillo
Title :Deoutv Citv Attornev
EXHIBIT J
VENDOR TERMS
LESSEE: Ciry ot Chula Vista
Leswr snall ha�e(unds no�immed�atety paiA ro�endor(s)at dosing deposAed in an'Escrow AccounC in orGer to fadGtate payment to vendors
for equipment deliveries Nat are sU�eduled to occur accorEing to tne fdlv+ring sc�edule:
E�UIPMENT ' PAYMENT NO
DESCRIPTION � AMOUNT EARLIER THAN
(1�HM.E Mrens-Fo:Motlel 36E/SOD Type III Fire
Engine Stotk Trutk S33a,57B.60 DeGvery 8 Acr<ptanfc �
Leuee acknowledges aM is in agreement wit�t�is u0e0ule end Ine'Payment No Ea�er Than datrs as intlicated.
IN WCENESS WHEREOF,1�ave trereunta se�my�an0 ttds Oay ot ,20
LESSEE: City o1 Chula Vish
By:
Gary Hal�en
Ttlle: CiN ManaOef
Citv of Chula Vista
(Attorney)
By:
Carol Trujillo
Title:DeputY CitY AttorneV
INSURANCE COVERAGE RE�UIREMENT
70: Leasing 2,Inc.anE/or i6 0.55igrt5
1720 West Cass Straet
Tampa,FL 3J606-1230
FROM Lity of G�ufa Y�sh
276 Fourth Avenue,BICg.C
C�uW Ysta,CA 97910
RE WSURhNCE COVER4GE REOUIREMEMS ICheck one�:
7. In accordance wiN Section 8.03 of Ne Agreement.we have insvuped the insurance agem name0 Deiav(please ftll in�me.
addreu and telephone numbe�
NANE:
ADDReSS:
CITY/5T/ZIP:
TELEPHONE: to issue:
a.A!Risk Physi��l Damage Irtsurer�ce on the leased equipm W e�idence0 Dy a Cenifirate o!lits�aance an0 Lorg Form Loss PayaDk
Gause naming leasing 2,Inc.anNOr hs Pssigrts as lass Payee.
Coverage RequreE: Fu0 Reptacxmeln Vatue
D.R�5c Liahiliry Insumrxe eMenced by a GeraSnte o(Usu2nce nami`g Leasing 2,Inc.antl/or its Assigns as anAdCitional ImurM.
Minimum Cove2ge Reqvired:
5500.000.00 per persm
St.000.000.00 a99regate hodiy iry'ury liahi6ry
57,000,000.00 propeny eamage IiaD3ry
2 Pursuan[to$et7ion 8.01 of the Agreemem,we are setl insiaed tar atl risk,phys"cal tlamage,an0 puDEt Aabi5fy and wID pro�iCe
proof of surh ull vau2rrce in IeCertorm togethes with a copy ol the sutute awhorizing Niz torm of insurance.
By:
Gary HalDen
Title: Citv Manaae� -
Da�e:
By:
Carol Trujillo
Title:Deoutv Citv Fttornev
Date:
UCC FINANCING STATEMENT
FOLLOW P15TRUCTIONS Itron1 aM GazA)CAREFULLY
R.NqV.�b PHONE OF COMR�T AT FILER�opuonaq
B.$EN�ACKNOWLEDGM2M TO:(Name enE AOEtas)
� �
L J
� ,
7.DEBTOR'SE%ACTFUILLEGALNAME-nsm p.d���aneuat� .mm�eoorc.:xevmeevn:ane�
ta.ORCY�MZ4TION5 MM.E
oR Ci of Chula Vista
fp.wpNOWL5lw5TN'.ME FIRSTNAVE u�pUEMME SUFFIa
tcuMWGMP'tE55 GTY STRTE POSTI�GTJE CAIMfT'
276 Fourth Avenue, Bldg. C Chula Vista CA 91970
�a.i5ltiDe.55NOREIN ^DOLINFOFE ;i���"PEP'03W�IIA�D+;tI.NaSOCiIO�OFORGPfNPiKiu �qpiGW�1ATI0NnLI0s,prry
95�000690 �6°�'-"T'0" � California � 0�,�
2.ADDfT10NRLDEBTOR'SEXAQFULLLEGALNAME.nw� eenoiromieaAl�aomx�4rriaeofmdxremn
2a.0�+GM'IZP.iIOYS N/.uE
p0.
2:,INpviOUnl'$VSl�uYE FiRSTNnuE wpDLE'u�.E SUFFR
1cw.1lIK.A00RE55 p�!' S«TE MS�KCOOE COWrtRY
20.TFXID�.SSNORFJI! App�lllFpRE �e.TYPEOFOHG4+Ulqwy.J�WSp[IIONOF04Ca4.Y17qT10N � hJ.ORGV11Ui1pVPLID/.Ilary
ORGMaUTqNi i
pEg�pp ❑NOhE
3.SECURED PARTt"S r+nME la wwc a ro:i.t aS9G�E d w�GnoH»I•c�en ¢.Y eearcn rome Ib a b
Se.OR('.1.WJ,i�(M5 w.uE
oR Santander Leasin , LLC
]e.vl3NJUFLS VST N4ME FIRST NAVE W00.E AAME SI6Fl%
X.w�n1NG�a%+E55 Gtt SA�'c NSTtiCADE WI.Nf�'r
3 Huntington�uadrengle, Ste 101N Melville I NY 11747
�.im F4:u�CWG STATEMENi cpcn vn Wbnrq al�a:era:
(1) HME Ahrens-Fox Model 34dI500 Type III Fire Engine Stock Truck,VIN:
s tirew:.Trvaoe�ra.+pm�.l:0iesse�ssoa O conser+e�casarr�n O eruie�eFr_aa � seueweurea O n�.uer+flw�r+-uccFlUrm
6.OTloFlNN1GNGSiATELLENieb�eflcA>��41(artmxE�nVrHEAI �' uaGmREO'JESiSEMGMREPORT�S�mpCOxY(3�
ESTATEFECOY.S. Mac�/.mwr.� L'aufrmel I/�����FFEI W0��7 ❑N� ��'���3
�.pPfiOluL GiLER REfENEiGE MT�
BILLING INFORMATION
Please indicate below how you would fike us to bill you for the lease payments due under this
Agreement, induding a coniact name,if applicable: '
Contact Name:
Company:
SVeei Address or Box#:
City,Siate,Zip:
County:
Telephone: ( 1
Fax: ( 1
. Email Address:
� CUSTOMER IDENTIFICATION PROGRAM �
ORGANIZED ENTITY
Notice: To help the 9ovemment fight fhe fuMirg of tertonsm an6 money launtlering activities,U.S.FeCeral law requires financial
instdulims to oDtain,�erify antl remr0 infortnadon t�at itleN�es eaU person(inEiviAuals or Dus'u�esses)who opens an account.
W�at this means for you: When yrou opan an accouM or adA any atltlitional sorvico,we will ask you for your name,
aECress,MGeral emyloyer iEentifiwtion num6ur and other infortnation Nat will allow us to iCentify you. We may also
ask to sce oNer iAenWying Eocumen6.
CUSTOMER NAME:Ciri of Chula Visia
Cl1STOMER IDENTIFICATION
7axpayerlD Number: 95-6000690
Business SVUCIUre(Uierx one): C0y Govemment:_ County GovemmenC_ Tas Dislntl: Corporation:
" Othu.Oescnption:
We may request certified copies of your organizational documents as part of the identification
procedure. •
PRIMARY ADORESS AND REGISTRATION .
Address: �
Address:
City:
State:
Zip Code:
Sfate of RegistrationlOrganization:
MAILING ADDRESS (if different trom above)
Address:
Address:
City:
State:
Zip Code:
Acknowledgment: The information contained herein is true and correct.
Ciry oi Chula vista
City of Chula vista
BY (Attorney)
Gary Halbert
By:
Carol Trujillo
Its: CitvManaoer Title:Deputv CitY AttorneV
Intemal Escrow Letter
December�,2D15
San:antler Leasing,LLC
3 Hun•.'ug.on Quadrangte,Sui;e 101 N
Melvilte, NY 11747
Re: Lease Purchase Agreement dated December 1,2015(the'Lease")by and beiween:City of Chula Vista
(lessee')antl Leasing 2,Inc.("LessoP),conwrtently assigned to Santander Leasing,LLC("ASSignee�.
ladies and Gentlemen:
We have entered into the above refe2nced Lease for the puryose of financing a(1)HME Ahrens-Fox Model
3ddI500 Type III Fire Engine Stock Truck (the'Equipment')in ihe amouni of 5334,578.60(ihe'�inanced
Amoun:). Lessee he2by requests that Assignee re:ain S33a,578.60(Ne"Retained Amount'). Lessee turther
requesu ihat Assignee nold Ne Retained Amount in an intemal escrow pending Assign_e's receipt of confirtnation
from Lessee that the Equipment has been deliveretl,inspe�ed and accepte0 tor all purposes by the Lessee and that
payment can be remitted to the vendor o!surh Equipmeni. There vri11 be no separate estrow fee charged Lessee
fw in:emally escrowing Uie Retained Amwnt.
Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of ihe da:e hereof,and
further unders:ands and agrees that any interest eamed on the Retained Amount shall be paid to Assgnee in
consideration ot managing the intemal escrow account.
Lessee adcnowledges Nat Pssignee may commingle Ne Retained Amovnl held by Assignee tor the benefit of
Lessee wiih other lunds held by Assi9nee for iLS own accovnt,so long as Assignee maintains segregation of such
amounts on the books and records ol Assignee.
Sin�rely,
LESSEE: ciryoichulaVista CitY of Chu�a Vista
(Attorney) �
BY By:
Gary yawen CaroZ Truj illo
Tt1e: c�;vManaaer Title:Deputy Citv Attornev
Date :
Da:e:
t
PROPOSAL
TO FURNISH FIRE APPARATUS
TO: Cih�of Chula Vista DATE: November Ol,2015
Fire Department
Atto: Jeff Peter Battalion Chief
4d7 F Street
Chula Vista, Ca. 91910
HME Inc.hereby proposes to manufaaure and fumish you,subjed to your acceptance of this proposal and the pmper signing and execu-
tion of Ne attaUetl wntrad or purUase order.by the parties lhereto,Ihe appa2tus and equipment herein described and(or ihe followirg
prices IisieA below.In Ihe event lhe uses his own purchase order or its own con[ract pages in lieu o(signing the attachetl conVact,it shall
be understood by all parties that all tertns antl conditions of the attaUed conVaq and addendum(s)shall take precedence over any and alt
other documenis.
'One (1) HME Ahrens- Fox Model 34d/500 Type III Fire Engine Stock Truck per California
Cooperative Purchase Program, with Standard Equipment Package and Options.
$309,795.00
Three Hundred Nine Thousand, Seven Hundred Ninety Five Dollars and No Cents
#1)Aluminum Wheels 8 Dress Kits
#2)LED Scene Lighis.
#3)SigVonitS Interwm Patkage
it4)Medical Box between Rear Seats
#5)14 degree ReUining High Back Seats.Officer 8 oui5ide Rear Positions
No federal,state or local taxes are inGutletl in the base price.
•This aooaratus is subiect to nrior sale.
All apparatus and equipment shall be manufaaured in accortlance wit�the attachetl speafications with the ume spedfiwtions bewming a
part of the contraG.Delivery shall be made wiNin the lime specified below after receipt and accepiance by HME INC.of the pmperty sgned
and exewted wntract and addendum(s).The delivery time indiwted is based on the best delivery knowletlge available at this time. Deliv-
ery shall be contingeni upon tlelays or failure to deliver from our suppliers, Celays caused Dy, or resuliing from labor problems, chassis
shortages,sMkes,fire,flood,accitlents or other ads of God,or any other cirwmstances whiU are beyond the wnVOl of this corporalion.
Please note that Local, State or Federal legislated changes or fules and modifiwtions to NFPA or ULL siandards are exGuded from ihe
pricing reFleGed in this quote, bitl or propasal. These potential inueases wuld arise at any time over the enlire tertn of this contraG and
therefore will inGude all years.My changes under any cirwmstances as stated previousy vrill be priced in accordance wiih our publishetl
prices and policies at that time.
TERMS OF PAYMENT: All apparetus shall be paid C.O.D.or Lease Purchase
Proposal subject[o be withtlawn wit�in 75 tlays oi tlate submitted
BY:
Bob Becker
Bo6 Bec,�er
HME, INC
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0603, Item #: 6.
City of Chula Vista
Staff Report
CITY ATTORNEY REPORT ON CITY COUNCIL TERM LIMITS AND CITY COUNCIL DIRECTION
TO STAFF REGARDING SAME
RECOMMENDED ACTION
Council hear the report and provide direction to staff as it deems appropriate.
SUMMARY
On July 21, 2015, the City Council requested that staff prepare a report on the City Council's options
regarding City Council term limits. This report has been prepared by the City Attorney's office in
consultation with the City Clerk in response to that request.
ENVIRONMENTAL REVIEW
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
BOARD /COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
I. Background
Pursuant to the City's Charter, City Council members and the Mayor currently are elected to serve
four -year terms. (Chula Vista City Charter, Section 300.C.) The Charter permits each Council
member to serve two consecutive terms as a Council member, and the Mayor to serve two
consecutive terms as Mayor. After two consecutive terms are served, a Council member or Mayor
must allow at least one year to lapse from the termination of the second term before he or she may
seek election to the same office again. This one -year "waiting" period also applies to any City Council
member appointed to the Council. There is currently no limit on the total number of terms an
individual Councilmember can serve during his or her lifetime.
The term limit rules currently in place were approved back in 1973, with voter approval of
Proposition B. Prior to that, other than a nominal four -year term, there appears to have been no term
limit restriction. The Proposition that converted City Council seats from "at- large" representation to
"district" representation back in 2012 did not modify these rules. The term limit rules that apply to the
Mayor and City Council also apply to the City Attorney.
City of Chula Vista Page 1 of 5 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw ee�71 LegistarT""
File #: 15 -0603, Item #: 6.
II. Legal Framework
A. In General, City Voters Have Broad Authority to Make Rules on Term Limits.
The California Constitution empowers and authorizes chartered cities to legislate in four core
areas, including the conduct of elections. (Cal.Const. Art. 11, §5.) The Constitution specifically
provides that chartered cities "may make and enforce all ordinances and regulations in respect to
municipal affairs,' and that, with respect to municipal affairs, city charters "shall supersede all laws
inconsistent therewith." Id. It goes on to provide that "plenary authority is hereby granted, subject only
to the restrictions of this article, to provide therein or by amendment thereto, the manner in which, the
method by which, the times at which, and the terms for which the several municipal officers and
employees whose compensation is paid by the city shall be elected or appointed, and for their
removal." Id. Accordingly, as a charter city, Chula Vista has plenary authority over its elections
matters.
B. Federal and State Rules to Keep in Mind.
Notwithstanding this broad grant of authority, there are limitations on a chartered city's
authority, even with respect to legislating municipal affairs. These limitations include Constitutional
considerations and areas in which the State has "occupied the field."
The imposition of term limits have withstood Constitutional scrutiny. When term limits were
imposed on state legislators by initiative in 1990, the measure was challenged on grounds that it
violated the First Amendment (freedom of speech) and Fourteenth Amendment (equal protection) of
the federal Constitution by substantially burdening the right to vote and the right to be a candidate. [
Legislature v. Eu (1991) 54 Cal.3d 492, 514.] In upholding the measure, the California Supreme
Court noted that no decisions of the U.S. Supreme Court had found that a limitation on incumbency
was unconstitutional, and determined that the interests of the state in incumbency reform (including
restoring a free and democratic system of fair elections and encouraging qualified candidates to seek
public office), outweighed any of the "narrower interests of the legislators and constituents who wish
to perpetuate their incumbency." (Id. at 524.) The reasoning in Legislature v. Eu has been found to
apply to local elections law in the state, as well. Canaan v. Abdelnour (1985) 40 Cal.3d 703, 712 -713.
As stated above, the conduct of elections is an area over which charter cities have plenary
authority. In addition, term limits specifically have been found to be municipal affairs. In Cawdry v.
City of Redondo Beach, the court considered the term limits imposed by the Redondo Beach city
charter. The court upheld the term limits, finding that they were a municipal affair and were not of
statewide concern. Cawdry v. City of Redondo Beach (1993) 15 Cal.App.4th 1212, 1226.
Subsequently, California Government Code section 36502 was amended to specifically authorize the
imposition of term limits by both general law and charter cities. The statute provides, in part, that a
"proposal to limit the number of terms a member of the city council may serve on the city council, or
the number of terms an elected mayor may serve, shall apply prospectively only and shall not
become operative unless it is submitted to the electors of the city at a regularly scheduled election
and a majority of the votes cast on the question favor the adoption of the proposal." Although Section
36502(b) purports to apply to chartered cities, as stated above, term limits have been found to be a
municipal and not a statewide affair. Thus, arguably the statute would not be enforceable as to a
chartered city.
City of Chula Vista Page 2 of 5 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee�73� LegistarT""
File #: 15 -0603, Item #: 6.
It is important to note that in both Legislature v. Eu and Cawdry v. City of Redondo
Beach the courts upheld term limits against constitutional challenges based, in part, on certain
mitigating factors. These included: the voters' continued right to vote for any qualified candidates,
the candidates' ability to run for other public offices, and the prospective application of the
limitation. Accordingly, if the City Council pursues an amendment to its current term limits, we
would recommend that it do so taking into account these mitigating factors. In addition, although it
is our opinion that Section 36502 does not apply to chartered cities, on its face, it does purport to
apply. Therefore, any amendment proposed by the City Council which would seek to amend the
Charter outside of a regularly scheduled election, or to make the limits retroactive, would
potentially subject the City to challenge based on an alleged violation of Section 36502. Although
it remains our opinion that the City voters have broad authority to make their own rules on how
term limits apply to their elected officials, the state's action to impose its own rules prohibiting
retroactivity is a risk factor that should be considered if the City were to contemplate the
retroactive application of any new rule.
Ill. Options
In making its referral, the City Council asked staff to set forth some options for possible changes
to the City's existing rules on term limits. These options are set forth below. Please note that these
options are provided for discussion purposes only, and are not intended to be staff
recommendations.
A. Eliminate the One -Year "Waiting" Period: The City Council could do away with the requirement
that its members sit out for one -year after serving two, four -year terms. This would effectively
allow each member the ability to serve indefinitely, subject to the will of the voters. Based on
our informal survey, described in more detail below, the majority of California cities do not
impose term limits.
B. Extend the One -Year "Waiting" Period: The City Council could also propose an amendment
which would extend the one -year period, requiring members who have served two terms to
wait longer before running again. For example, the City could impose a three -year waiting
period. Thus, a member who completed two full terms in 2016 would be required to wait three
years before seeking office again. That member would not be eligible to run again until 2020.
C. Increase the Allowable Number of Consecutive
Terms: The Charter currently allows for a
maximum of two (2) consecutive four -year terms. The City Council could propose to increase
the number to three or more consecutive four -year terms. One variation of this was recently
adopted by the voters in the City of Santa Ana. Santa Ana amended its charter in 2008 to
change its two consecutive term limit to three consecutive terms, with an eight year waiting
period after three consecutive terms were served.
D. Lifetime
Term or Service Limits: Another option
implement limits on the total number of terms
existing consecutive two -term limit with a one
three -term lifetime limit. Under this system, one
would be to eliminate the waiting period and
one individual may serve. For example, the
fear "waiting period" could be changed to a
three terms were served, a member would
not be permitted to run for the same office again. Another possibility would be to keep a
City of Chula Vista Page 3 of 5
2015 -11 -17 Regular Meeting Agenda Packet
Printed on 11/12/2015
�awee�7 y LegistarT""
File #: 15 -0603, Item #: 6.
waiting period but limit the total number of years that a Council member may serve. For
example, the Council could adopt a lifetime total limitation of 16 years of service, regardless of
when the terms were served, with a waiting period imposed to prevent more than two
consecutive terms being served at any one time.
E. Extend the Term Length: Alternatively, the City Council could propose an amendment which
would extend the length of a member's term. For example, instead of being elected to four -
year terms, members could be elected to six -year terms. This could be done with or without a
"waiting period" between a maximum number of consecutive terms, or with or without "lifetime"
limits.
IV. Survey of Other Jurisdictions
In an effort to help inform the Council's decision on this matter, we surveyed other cities in the
County, as well as other cities in the state whose population sizes were close to Chula Vista. Twenty
four cities were surveyed in all. Of these, nine had term limits. Six of these were charter cities. In
each case, the city had imposed a limit of either two or three terms. Four of those cities had imposed
"waiting" periods; these varied in duration from two years to eight years. A chart summarizing the
information we gathered for these cities is included as Attachment A to this report.
V. Conclusion
In summary, the City Council has significant latitude in crafting the length and number of terms
and limitations on total service terms of its members. If the Council wishes to pursue a Charter
amendment to modify the existing Council member term provisions, staff would recommend that the
matter be referred to the Charter Review Commission with direction on which options the Council
would like to pursue. Staff and the Charter Review Commission can then conduct additional research
and provide input specific to the proposed amendment.
DECISION -MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently, the 500 -foot rule found in California Code of Regulations section 18704.2
(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed
by any City Council member, of any other fact that may constitute a basis for a decision maker
conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. City Council member
terms impact the members' service to, and representation of, its residents. Implementing optimal
term parameters will help the City stay connected to its community.
CURRENT YEAR FISCAL IMPACT
This item consists solely of presenting a report to the Council. There is no current year fiscal impact
associated with it. If the Council directs that further action be taken in response to the report, staff will
analyze the fiscal impacts associated with such action, if any.
City of Chula Vista Page 4 of 5 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee�7v LegistarT""
File #: 15 -0603, Item #: 6.
ONGOING FISCAL IMPACT
This item consists solely of presenting a report to the Council. There is no ongoing fiscal impact
associated with it. If the Council directs that further action be taken in response to the report, staff will
analyze the fiscal impacts associated with such action, if any.
ATTACHMENTS
Attachment A: Term Limits Survey Chart
Staff Contact: Jill Maland, Assistant City Attorney
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 5 of 5
Printed on 11/12/2015
�awee�76� LegistarT""
DRAFT
SURVEY: Term Limits
2015 -08 -05
/ as
G
/ ao
v
/. 1 1
0
0
as
o�
�r
Ir
SNI
ea
O�
1. Charter or General Law
Charter
General
Charter
Charter
General
General
General
General
General
General
Charter
2.District or At -Large Elections
At -Large
At -Large
At -Large
At -Large
At -Large
Districts
At -Large
At -Large
At -Large
At -Large
At -Large
3. Term Limits? Y or N
N
Y
N
N
N
N
N
Y
N
N
N
3a. If limited, length of term?
N/A
4 yrs
N/A
N/A
N/A
N/A
N/A
4 yrs
N/A
N/A
4 yrs
3b. Lifetime limit?
N/A
No
N/A
N/A
N/A
N/A
N/A
No
N/A
N/A
N/A
3c. Consecutive limits?
N/A
2
N/A
N/A
N/A
N/A
N/A
3
N/A
N/A
N/A
30. Time period that must elapse before the
Not
N/A
N/A
N/A
N/A
N/A
N/A
4 yrs
N/A
N/A
N/A
individual can run again after termed out?
Written
3d. When were these rules instituted?
N/A
2002
N/A
N/A
N/A
N/A
N/A
Nov -14
N/A
N/A
N/A
Partial terms
4. Are there any other key provisions within
N/A
/
N o
N A
/
N A
/
N A
/
N A
/
N A
/
n
count as a
N A
/
N A
/
N A
/
your rules on term limits?
full term
2015 -11 -17 Regular Meeting Agenda Packet Page 177
2015 -11 -17 Regular Meeting Agenda Packet Page 178
DRAFT
SURVEY: Term Limits
2015 -08 -05
0 0
411
o� o�
1. Charter or General Law
General
Charter
Charter
Charter
General
Charter
Charter
General
Currently:
At -Large
2.District or At -Large Elections
At -Large
District
At -Large
At -Large
At -Large
At -Large
At -Large
Effective Nov.
2016: Districts
3. Term Limits? Y or N
N
Y
Y
N
N
N
Y
Y
3a. If limited, length of term?
N/A
4 yrs
4 yrs
N/A
N/A
N/A
4 yrs
4 yrs
3b. Lifetime limit?
N/A
No
No
N/A
N/A
N/A
No
N
3c. Consecutive limits?
N/A
2
3
N/A
N/A
N/A
2
2
30. Time period that must elapse before the
Not
N A
/
is
Charter i it n
N A
/
N A
/
N A
/
2 r
ys
4 r
ys
�
individual can run again after termed out?
Written
3d. When were these rules instituted?
N/A
1992
2000
N/A
N/A
N/A
1992
1996
If for any reason a
A council
Councilmember
member must be
serves a partial term
a registered
4. Are there any other key provisions within
from a particular
voter of Fremont
N/A
_
N/A
N/A
N/A
No
your rules on term limits?
district in excess of 2
at the time
yrs, partial term is
nomination
considered a full
papers are
term.
I issued.
2015 -11 -17 Regular Meeting Agenda Packet Page 179
2015 -11 -17 Regular Meeting Agenda Packet Page 180
DRAFT
SURVEY: Term Limits
2015 -08 -05
1`L1
?�
esR
�1 �1
off• ��' 0� O�
oR oQ' oQ•
�Q' ��� • Job o��
1. Charter or General Law
Charter
Charter
Charter
Charter
Charter
Nominated by
Nominated by
2.District or At -Large Elections
At -Large
District
District, Elected
District
District, Elected
At -Large
At -Large
3. Term Limits? Y or N
Y
N
Y
N
Y
3a. If limited, length of term?
4 yrs
4 yrs
4 yrs
N/A
4 yrs
3b. Lifetime limit?
Y
N/A
No
N/A
Yes
3c. Consecutive limits?
2
N/A
3
N/A
2
I
Can run for Mayor
30. Time period that must elapse before the
N A
/
N / A
r
8 y s
N A /
right after term
�
individual can run again after termed out .
ends.
3d . When were t h ese rules in st i tuted ?
Lifetime limit:
N/A
Different
N A
1/1/2001
2014
Elections
If a council
member serves
a partial term in
30 Day
4. Are there any other key provisions within
excess of 2 yrs, it
N / A
Residency
N / A
No
�
your rules on term limits?
shall be
Requirement
considered a full
term for the
purpose of this
2015 -11 -17 Regular Meeting Agenda Packet Page 181
2015 -11 -17 Regular Meeting Agenda Packet Page 182
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0574, Item #: 7.
City of Chula Vista
Staff Report
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
RELEASE OF A REQUEST FOR PROPOSALS TO SOLICIT AN EVENT PLANNER FOR A
SPONSORED CITY EVENT TO BE HELD IN EASTERN CHULA VISTA IN SPRING 2016
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The City Council has provided funding for three signature events to promote Chula Vista that attract
local and regional residents and visitors. These funds have been allocated to support HarborFest in
August and the Starlight Parade in December. The special event budget has $10,000 remaining for a
third signature event. Staff recommends issuing a Request for Proposals to secure an event for
eastern Chula Vista and allocating the sponsorship funds to that special event.
ENVIRONMENTAL REVIEW
The Development Services Department Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because the approval
of sponsoring an event is an administrative activity that will not result in a direct or indirect physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
BOARD /COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Chula Vista has a robust special events program and more than 60 events attracting more than
110,000 people have been held annually in the City in recent years. City parks, recreation centers,
Third Avenue and the Bayfront have been the site of events from walking /running races, school
events, fundraisers as well as major festivals and parades. Staff has been working to identify a
festival to hold in eastern Chula Vista. Staff recognizes the benefits of securing a professional event
planner to develop larger festival events. Professional event planners bring expertise, connections to
festival vendors, marketing experience, and advertising and funding opportunities to support the
event.
Staff is proposing to release a Request for Proposals (RFP) to secure a professional event planner to
develop and coordinate a third signature event in eastern Chula Vista in spring 2016.
Staff recommends requesting proposals for a signature festival event that can be held annually,
highlights the multi - cultural Chula Vista community, attracts thousands of attendees, can be self-
City of Chula Vista Page 1 of 2 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee �8y LegistarT""
File #: 15 -0574, Item #: 7.
supporting through ticket sales and booth vendor fees, and builds awareness for Chula Vista as an
event destination. The RFP would solicit an event planner to produce all aspects of the event by
securing vendors, musical acts, food and beverage, permits, rentals and equipment, and coordinating
all other logistics. City staff would coordinate with the promoter to provide local contacts for food,
beverage, music, and vendors.
The City Council designated $40,000 in the FY 2015 -16 budget for signature events. To date,
$30,000 has been allocated to HarborFest and the Starlight Parade. Staff recommends using the
remaining $10,000 identified for signature events and up to an additional $20,000 from the marketing
budget to provide seed funding for the event. The RFP would further request the event planner
recommend a budget that includes ticket sales vendor, booth fees, and potential sponsor funding
secured by the event planner to offset the seed funding. Staff will return to City Council for final
approval on the proposed special event.
DECISION -MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or
clerical in nature and, as such, does not require the City Council members to make or participate in
making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)
(1). Consequently, this item does not present a conflict of interest under the Political Reform Act (Cal.
Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. This event supports
two Strategic Plan goals. A festival in eastern Chula Vista will advance the Economic Vitality goal by
promoting the City and attracting new and returning visitors. The Connected Community Goal
emphasizes activities and festivals that enrich the community's quality of life.
CURRENT YEAR FISCAL IMPACT
City Council authorized $40,000 in the FY 2015 -16 budget to be used as seed money for signature
special events that attract residents and visitors to Chula Vista. To date, $30,000 has been allocated
to HarborFest 2015 and the Starlight Parade 2015. Staff proposes using the remaining $10,000 in
special event funding and up to $20,000 from the marketing and communications budget for a third
signature special event.
ONGOING FISCAL IMPACT
The goal is to make this event self- supporting with revenues from vendors and participants providing
needed funds for the event.
ATTACHMENTS
None
Staff Contact: Olga Berdial
City of Chula Vista Page 2 of 2 Printed on 11/12/2015
2015 -11 -17 Regular Meeting Agenda Packet Nw gee�8 y LegistarT""
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RELEASE OF A REQUEST
FOR PROPOSALS TO SOLICIT AN EVENT PLANNER FOR A
SPONSORED CITY EVENT TO BE HELD IN EASTERN
CHULA VISTA IN SPRING 2016
WHEREAS, the City of Chula Vista is actively engaged in establishing signature
community events that attract residents and visitors; and
WHEREAS, the goal is to establish a signature event that can be held annually, builds
awareness for Chula Vista as an event destination, highlights the multi - cultural Chula Vista
community, attracts thousands of attendees, and can be self - supporting through ticket sales and
booth vendor fees; and
WHEREAS, the Request for Proposals (RFP) would solicit an experienced, qualified
event planner to produce all aspects of the event by securing vendors, musical acts, food and
beverage, permits, rentals and equipment, provide third -party accounting assistance to collect
and manage funds from ticket sales, booth registration fees, and other fees, and coordinate all
other logistics; and
WHEREAS, California Government Code section 37110 authorizes legislative bodies,
such as a city council, to spend money from the general fund for music and promotion; and
WHEREAS, a signature event in eastern Chula Vista would benefit the community and
as such, promotes the general welfare of the community and serves the public purposes of
promoting the City and providing a cultural and recreational activity for residents and visitors;
and
WHEREAS, $10,000 in funds have been allocated for signature special events and up to
$20,000 in additional funding will be allocated from the marketing budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
approves the release of a Request for Proposals for an event planner to coordinate a sponsored
City event to be held in eastern Chula Vista in spring 2016.
Presented by Approved as to form by
Gary Halbert
City Manager
Glen R. Googins
City Attorney
2015 -11 -17 Regular Meeting Agenda Packet Page 185
.� Emma
CITY OF
CHULAVISTA
File #: 15 -0623, Item #: 8.
City of Chula Vista
Staff Report
RATIFICATION OF APPOINTMENT OF FERNANDO KISH AND TODD VOORHEES TO THE
BOARD OF ETHICS
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 1 of 1
Printed on 11/12/2015
�agee�8y LegistarT""
OFFICn of Tnh MAYOR
Mary Casifflas Saws
MEMO
November 1, 2015
RE: Boards of Ethics Appointments
Board of Ethics applicants are interviewed by two outside city Managers in accordance with the
process approved by City Council and with the General Rules for Boards
Commissions (see below).
2. 25.040 Membership —Applications; interview, nomination tion and appointment
Process
D. The Mayor shall forward applications for membership on the Board
of Ethics to a panel consisting of at least two City Managers fro
cities in Ban Diego county, excluding Chula Vista. The panel shall
review the applications, interview applicants, and make a
recommendation to the city council for appointment.
On November 10, 2015, Blair King, city Manager of Coronado and Andy Hall, City
Manager of Imperial perial Beach conducted interviews to fill two v ca cies in which they interviewed
three applicants. Mr. King and Mr. Hall recommend the following- Todd Voorhees, Fernando
Kish, and with reservations Jose serrato for the Board of Ethics.
Alital a Sotoa's resignation from the Board of Ethics was accepted by the city Council on April
2015 and Norma Toothl an was termed out in June 2014. Mr. King's and Mr. Hall's next
recommendations are Todd Voorhees and Fernando Kish. Mr. Voorhees and Mr. Kish
confirmed their interest in serving on the Board of Ethics. Please place this item on the
November 17, 2015 council agenda for ratification.
Thank you.
276 Fourth Avenue a Chula Vista a California 91910 a (619) 691-5044a Fax (61.9) 476-5379
2015 -11 -17 Regular Meeting Agenda Packet msa las Ca-) ch ul avis ta c a. go v Page 187
Pest- Comsunter ecyclad Paper
IX
�.il off,
OFFICn of Tnh MAYOR
Mary Casifflas Saws
MEMO
November 1, 2015
RE: Boards of Ethics Appointments
Board of Ethics applicants are interviewed by two outside city Managers in accordance with the
process approved by City Council and with the General Rules for Boards
Commissions (see below).
2. 25.040 Membership —Applications; interview, nomination tion and appointment
Process
D. The Mayor shall forward applications for membership on the Board
of Ethics to a panel consisting of at least two City Managers fro
cities in Ban Diego county, excluding Chula Vista. The panel shall
review the applications, interview applicants, and make a
recommendation to the city council for appointment.
On November 10, 2015, Blair King, city Manager of Coronado and Andy Hall, City
Manager of Imperial perial Beach conducted interviews to fill two v ca cies in which they interviewed
three applicants. Mr. King and Mr. Hall recommend the following- Todd Voorhees, Fernando
Kish, and with reservations Jose serrato for the Board of Ethics.
Alital a Sotoa's resignation from the Board of Ethics was accepted by the city Council on April
2015 and Norma Toothl an was termed out in June 2014. Mr. King's and Mr. Hall's next
recommendations are Todd Voorhees and Fernando Kish. Mr. Voorhees and Mr. Kish
confirmed their interest in serving on the Board of Ethics. Please place this item on the
November 17, 2015 council agenda for ratification.
Thank you.
276 Fourth Avenue a Chula Vista a California 91910 a (619) 691-5044a Fax (61.9) 476-5379
2015 -11 -17 Regular Meeting Agenda Packet msa las Ca-) ch ul avis ta c a. go v Page 187
Pest- Comsunter ecyclad Paper
.� Emma
CITY of
CHULAVISTA
File #: 15 -0612, Item #: 9.
City of Chula Vista
Staff Report
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (a)
Name of case: Jeffrey Hughes v. City of Chula Vista, Worker's Compensation Appeals Board, Case
No. ADJ9500826, ADJ9500827
City of Chula Vista
2015 -11 -17 Regular Meeting Agenda Packet
Page 1 of 1
Printed on 11/12/2015
�agee�8y LegistarT""