HomeMy WebLinkAbout2016-06-07 Item 2 Updated 6/3 on iPads/Internet ��tl� City of Chula Vista
vs��
����5�q Staff Report
File#: 16-0109, Item#: 2
RESOLUTION NO. 2016-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO SIGN THE ASSESSMENT BALLOT ON BEHALF OF
THE CITY OF CHULA VISTA TO RENEW THE PROPERTY-BASED BUSINESS IMPROVEMENT
DISTRICT FOR DOWNTOWN CHULA VISTA FOR A PERIOD OF TEN YEARS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Downtown Chula Vista Property-Based Business Improvement District (PBID) was formed in
2001 to proactively implement a number of enhancement services and programs within the
downtown core. Administered by Third Avenue Village Association (TAVA), the PBID was
established to promote a cleaner, safer, and more attractive business district. The PBID was
inaugurated for an initial five-year term in 2001, renewed in 2006 for a ten-year term and now must
be renewed by July 2016, by a majority of returned property owner ballots via a weighted ballot
process.
A petition drive to establish supporting the renewal of the PBID for powntown Chula Vista was
conducted during February and March by TAVA. The petition drive was successful in gaining the
signatures of over fifty percent of affected property owners within the proposed District. The City
acted on March 15, 2016, to support the renewal of the PBID and to sign the petition for all City
owned parcels within the District.
On April 26, 2016, the City Council Adopted a Resolution of Intent that formally began the process of
renewing the PBID for a ten-year period. This action allowed for the distributio� of the PBID ballots
on April 28, 2016, which were sent to the affected property owners. On June 14, 2016, the ballots will
be opened and counted at the public hearing. At the public hearing, fifty percent of the assessed
valuation returning ballots must support formation of the PBID for the district to be officially renewed.
If this goal is reached, the PBID assessment will come into effect on January 1, 2017.
ENVIRONMENTAL REVIEW
The activity is not a "Project" as defined under Section 15378 of the California Environmental Qualiry
Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to
Section 15061(b)(3) of the California Environmental Quality Act State Guidelines.
Environmental Determination
The proposed activity has been reviewed for compliance with the California Environmental Quality
Act (CEQA) and it has been determined that the activiry is not a "ProjecY' as defined under Section
15378 of the state CEQA Guidelines because it will not result in a physical change in the
Ci�y of Chula Vsia Page 1 of 3 Printed on 6/82076
powa;a��y!a_L=;zr'"
File#: 16-0109, Item#: 2
environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is
not subject to the CEQA. Notwithstanding the foregoing it has also been determined that there is no
possibility that the activity may have a significant effect on the environment; therefore, pursuant to
Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to the CEQA. Thus, no
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The renewal of the Property-Based Business Improvement District (PBID) for powntown Chula Vista
will continue to help promote and improve the economic revitalization and physical maintenance of
Chula Vista's historic core. At two previous meetings, the Council has taken actions to support the
renewal of the PBID and the payment of the assessment that will be levied against the City's
properties. The action proposed in this report will allow for the City Manager to vote in favor of the
renewal on behalf of the City.
Attachment #2 is the final draft of the proposed "Third Avenue Village Agreement and Encroachment
Permit for Maintenance Services between the City of Chula Vista and the Third Avenue Village
Association" (Agreement) and included for informational purposes. The prior Maintenance
Agreement will expire on June 30, 2016. This new Agreement clarifies maintenance responsibilities
and serves as the encroachment permit required for TAVA to conduct the services and activities
contemplated in the Agreement, PBID Management Plan and Engineers Report. This Agreement will
be included for approval in the upcoming PBID Renewal agenda item should the voting result in favor
of renewal.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that, Mayor Mary Casillas
Salas has real property holdings within 500 feet of the boundaries of the properties which are the
subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections
18700 and 18702.2(a)(11), this item presents a disqualifying real property-related financial conflict of
interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified
member.
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 renewal of the PBID supports the Economic Vitaliry goal as it advances existing businesses on
Third Avenue, targets and attracts new businesses to Third Avenue, and engages the community to
reinvest in Third Avenue.
CURRENT YEAR FISCAL IMPACT
There is no immediate fiscal effect associated with this item.
ONGOING FISCAL IMPACT
The inclusion of City properties within the PBID and the obligation to pay assessments to the District
City of Chula Vista Page 2 of 3 Printetl on 6/8/2016
poweretl Cy LdyI51aP'"
File#: 16-0109, Item#: 2
are already included in the General Fund operating budget. If the PBID is successfully renewed, all
future assessments will continue to be included as paR of the annual budget. Currently, the PBID
assessment is $86,754.09, of which are all City owned parcels.
ATTACHMENTS
Attachment#1- Assessment Ballot
Attachment #2- Third Avenue Village Agreement and Encroachment Permit for Maintenance
Services between the City of Chula Vista and the Third Avenue Village Association
Staff Contact: Mariana Garcia, Project Coordinator, Economic Development Department.
City of Chula Ysta Page 3 ot 3 Pnnted on 6/8/2016
FJWC:EO j�2ylS:df°i
TO CAST THIS BALLOT, RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
LEGAL OWNER: City Of Chula Vista,Rick Ryals
APN SITE ADDRESS 2016 ASSESSMENT
! 568-044-02-00 205 Landis Ave $693.78
� 568-044-09-00 999999 Landis Av $554.20 ,
568-044-10-00 999999 Landis Av $'1,397.75
568-044-11-00 9°9999 Landis Av $1,497.38
568-044-19-00 224 3Rd Ave $�,204.34
568-071-01-00 201 ThirdAv $1,495.71
568-071-18-00 248 Church Ave 5942.81
568-071-19-00 'No Site Address' S838.51 .
3 568-071-2'I-0D Church Ave 5605.33
j 568-071-22-00 230 Churoh Ave 5639.18
i 568-152-02-0D 281 Landis Av 5675.78
568-152-03-0D 281 Landis Av $655.79
568-152-29-00 'No Site Address' S653.16
568-15232-00 Landis Ave 53,238.68
568-153-02-00 365 F St S17,626.10
568-16'I-25-00 'NOSiteAddress' $1,539.86
568-162-08-00 281 Church Ave 5753.99
568-162-09-00 287 Church Ave 5642.76
568-270.29-00 340 F St � 513,972.01
568-27031-00 � 515,646.'11
566-300-44-00 352 Third Av 59,033.56
- 568-333-11-00 270 F St 56,47923
j 568334-05-00 288 Center St 594878
� 568334-06-00 336 Church Ave 5648.50
; 568-334-07-00 338 Churoh Ave $687.92
� 568334-08-00 342 Church Ave $680.96
568-350-02-00 `No Site Address' $878.46
568-350-03-00 'No Site Address' 8876.71
� 568-351-04-00 Church Ave $906J8 �
568-351-05-00 Church Ave 5339.96
Total 586,754.09
ShaU the City Council of the Ciry of Chula Vista establish the Dov.mfown Chula Vista Property-Based Business
Improvement District and fhe annual assessment against the parcel(s)identified on this Assessment Ballot?
YES NO
�
I hereby declare, under penaRy of perjury of the laws of the State of Cal'rfomia,that I am authorized to submit a
ballot on behalf of the parcel(s) identified above. �
i
Signature Da,e
Print Name
THIRD AVENUE VILLAGE AGREEMENT AND E1�'CROACI-IMENT PERMIT
FOR MAINTENANCE SERVICES BETVdEEN THE CITY OF CHULA VISTA
AI�TD THE THIRD AVENLJE VILLAGE ASSOCIATION
This Agreement ('Aereemenr') is entered into effecti��e . 2016 (`Effecti�e Date")
bv and betti�een the Third A��enue Villaee Association (`TAVA"); a pri��ate: non-profit corporation,
and the City of Chula \'ista (`Cih '), a Califomia municipal chanered corporation. This Aereement
shall also constitute an Encroachment Permit issued to TA\'A bv the Citv. as of the Effecti��e Date.
for all work to be performed b�� TAVA pursuant to this Aereement. This Agreement and
Encroachment Permit are made and issued pursuant to the follo���ine facts:
RECITALS
WHEREAS, on June 17, 1980, the Cit}� established the Towne Centre #1 Street Lightin� and
Landscape A4aintenance District (`LRLMD"); via Council Resolution 101i9: to maintain the
landscape and lighting beautification project along Third Avenue; and
WHEREAS, on Jul�� 24, 2001, the Cit�� established the Do���nto�+m Chula Vista Propem�-Based
Business Improvement District (`DTCV PBID"), via Council Resolution 2001-232. �vhich took
over the L&LMD responsibilities and e�panded economic development acti�-ities; and
��'HEREAS, the DTCV PBID is administered bv TAVA and, rn�er aliu. provides for enhanced
maintenance sen�ices bti� TAVA ���ithin the DTCV PBID boundaries: and
WHEREAS, DTCV PBID senices the Third Avenue commercial corridor that encompasses E
Street to the north. Landis Avenue to the ���est. Church A��enue to the East. and 1 street to the South
("Third A��enue"): and
�i'HEREAS; the area commonly I:no��m as Third Avenue Village ("Village ') �vhich runs the leneth
of Third Avenue, starting at the north end of the intersection at E Street and ending at the south end
of the intersection at ] Street is ��ithin the DTCV PBID boundaries: and
V�'HEREAS, on September 17, 2002, the City appropriated fundine to construct the Do�tinto��r
A4onument Sien ("Arch sign"). ��ia Resolution 2002-378, and the Do��mto�°n Business Association
(predecessor to TAVA) agreed to co��er the future electrical po���er; monthlv maintenance and
routine repair costs for the Arch sign; and
l�'HEREAS, on Jul�� 18. 2006. the DTCV PBID was rene���ed for a period of 10 ��ears pursuant to
Citv Resolution 2006-222/Redevelopment Asencv Resolution 2006-19�9; and
�1'HEREAS; TAVA is in the process of rene«ine the DTC\' PBID for a ne��° 10-��ear term ending
June 30. 2026: and
�VHEREAS; the proposed Manasement District Plan, includine the Enaineers Report, submitted
b�� TA\rA in conjunction �vith the rene��al of the DCT\% PBID (the "Rene��al Plan"). identify
certain Environmental Enhancements to be pro��ided b�� the DCTV PBID, �eneralk including:
{Client Files/49�7/1/K/5040�920.DOCa;Pa�e 1 of 12
sidewalk sweeping, sidewalk pressure washing, graffiti removal, landscaping maintenance,
irrigation, sidewalk maintenance, beautification, tree lighting, and other activities as set forth in the
Plan: and
WHEREAS, TAVA members and property owners benefit from the pre��iously installed and
planned future enhancements along Third Avenue ("Enhancements ) by improving the o��erall
Third Avenue image and mazketability, drawing potential customers into the Village; and
WHEREAS. the Enhancements indude, but are not limited to, the L&LMD, the Arch sign,
enhancements being made pursuant to the Third Avenue Streetscape Master Plan (`TASMP"), and
the Environmental Enhancements contained in the Renewal Plan; and
WHEREAS, the City and TAVA are entering into this Agreement based on the understanding that
TAVA is supportive of the Enhancements, will perform annual maintenance of, and services to, the
Enhancements, and will provide fundin�; for same by including them in the Renewal Plan, and the
annual PBID reports and budget documents prepared in accordance with California Streets and
Highways Code Sections 36600. et seq. (`PBID Lavd'); and
WHEREAS, the City and TAVA acknowledge that this Agreement is dependent upon renewal of
the DCTV PBID, that the TAVA Responsibilities, as described in Article I of this Agreement; are
encompassed within the activities to be provided by the DCTV PBID pursuant to the Reneti�al
Plan, and that the City ��ill continue to provide the basic levels of service within the DTCV PBID
boundaries as those provided city��ide. .
NOW, THEREFORE, for valuable consideration, the City and TAVA do hereby mutually agree as
follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE l. TAVA'S OBLIGATIONS
A. GENERAL DESCRIPTION OF MAINTENANCE SERVICES.
The Enhancements to be maintained under this agreement are typically located within the DTCV
PBID and TASMP boundaries. The "Maintenance Area" consists of Third Avenue, starting at north
end of intersection at E Street and ending at south end of intersection at H Street. A map of the
Maintenance Area subject to this Agreement is attached as Exhibit A.
TAVA aorees, at its expense using PBID funds, which TAVA will allocate in sufficient amounts to
allow TAVA to perform its responsibilities under this agreement, to maintain the Enhancements; as
set forth more fully in Artide 1, Section B, at a level as determined by TAVA no less than the
generally accepted pre��entative maintenance standards and frequency that promotes a safe;
enjoyable, and vibrant em�ironment or streetscape experience ("TAVA's Maintenance
Responsibilities�'). TAVA further agrees that TAVA's Maintenance Responsibilities are
encompassed within the acti��ities contemplated to be provided by the District in the Renewal Plan
a��d will be contained in the PBID reports and budgets whicl� TAVA will file ti�ith the City Clerk
annually, pursuant to the PBID LaN�.
{Client Files/49�7/UK/SO405920.DOCX}Pa�e 2 of 12
The Cin- a2rees; at its expense, to maintain facilities as set forth more full�� in Anicle II. Section C,
at a basic level of sen�ice provided cin��ide.
It is understood that the maintenance. repair. and/or replacement of the Enhancements that are not
the obligation of TAVA under this Aereement; are; unless othenvise aereed upon. the responsibilim
of the Cit��. However. the Citv is not required or obligated in am� manner, includine this
Agreement. to perform maintenance, repair, or replacement of the Enhancements. For items listed
as "Streetscape Maintenance" in Article I. Section B 1) belo«, elements damaeed beyond repair b}�
unkno��m third parties; as determined bv the Cit��; N�ill be removed by the Cit�� and not replaced.
TAVA can elect to fund replacement of the "Streetscape Maintenance" items at their discretion.
For purposes of definition, the term "maintenance" or "maintain ' shall mean tvpical routine
maintenance acti��ities; including but not limited to; cleaning, painting; trimming. prunine. «�aterino_
repairing and the replacement of s}�stem components of items identified in Article I, Section B of
this Aareement. "Replacement of s��stem components ' applies to the Irrigation and Lighting
Svstems.
Water utility costs from existina and fumre meters servicing the landscapin� alone Third Avenue
beh��een E and H Street, as sho�i�n on Exhibit B. shall be a TAVA responsibility. �
Electricirv cost from existina and fumre meters servicine the electrical needs alon� Third Avenue
bet���een E and H Street, as sho��m on Exhibit B; �vill be propoRioned bet���een the Citv and TAVA.
Meters that serve onh� the auxilian� power pedestals �vill be the responsibilit�� of the Cit��. A
separate aereement ���ill be required to pro��ide payment and allo��� use of the ausilian� po���er
pedestals. The remaining meters sen�e the lo��� ��oltaee transformer for tree (t�vinl:le n°pe) liehts,
tree accent (up type) liehts. imgation s��stems; special siana�e and pedestrian lights. These meters
���ill be in the Citv's name and bills will be di��ided beriveen the Cih- and TA\'A. The Cit�� ���ill
calculate the energy usaee of the Pedestrian ligh[ing only, ���hich �ti�ill be the Cit�� share of the
monthh� bill, and im�oice TAVA for the remainine amount since al1 other electrical components on
the meter aze TAVA responsibilities.
Anv Citv property and/or Enhancement that is damaged b�� TAVA staff or their contractors during
the course of fulfilling TAVA`s maintenance responsibilities shall be repaired or replaced by
TAVA. Repair and replacement proposals ���ill be subject to appro��a] of the Cit� to ensure public
safet��.
The Citv and TAVA both ackno���ledee that future Enhancements mav be implemented in phases.
Accordingly; TAVA ��'ill be required to maintain. as set forth herein, the future Enhancements afier
any applicable plant establishmenUwarrantee period has e�pired and thev are accepted b�� the City.
The Cit�� shall pro��ide 30 da}�s �i�ritten notice to 'TAVA of the start date that TAVA is to beein its
maintenance of am� fumre Enhancements. TAVA aerees to beain its maintenance activit�� bv the
start date stated in the Citv's notice. This Aereement does not otherwise relieve TAV.A of its
required enhanced maintenance sen�ices pursuant to the DTCV PBID.
B. �7AINTENANCE RESPONSIBILITIES OF TA�'A. TAVA shall be responsible to
perfomi the follo��ing and. �rill annuall�� allocate and bud�et appropriate PBID funds to do so:
{Client Files/49�7/1/1:/SO40�920.DOCX;Pase 3 of 12
I
l. Street Appurtenances: Street appurtenances will be maintained based upon manufacturers'
recommendations or general accepted practices. Examples of street appurtenances are:
benches; bus shelters; trash, recycling and smoking receptacles (excluding "Big Belly'
t}�pes); bicycle racks; kiosks; directional/wayfinding, signage; Third Avenue Village themed
sig�nage and banners; interpretive signs; decorative art elements; outdoor decorative clock(at
3` A��e. & F St.) holiday decorations. Signage shall be kept clean and intemallv lit signs
shall be maintained in working condition.
2. Landscaoe Maintenance: All public landscaped areas, medians, planters and tree welis will
be maintained including trash and debris removal, trimming, dead heading, root pruning,
watering, fertilizing and treating for disease to promote healthy grow4h and enhanced visual
appearances. Replacement of all plantings, except street and palm trees, that die or are
damaged by unknown third parties will be funded for and at the discretion of TAVA. Street
' trees (consisting of existing and newly planted trees within the maintenance area) will be
maintained using general standard horticultural practices proper for each particular tree.
Trees branching shall be kept lifred to a ininimum height of eight (8) feet for safe pedestrian
movement around the trees, and shrubs will be trimmed, irrigated and fertilized per general
standard practices to insure a healthy appearance and to prevent interference with walk«�ays
and pedestrians. The median palm trees are excluded and will be maintained by the Cit}�.
Street tree grates will be maintained per manufacturer guidelines and frequency to ensure
that the street tree grates are properly maintained for condition and appearance and to
prevent interference with walkways and pedestrians.
3. Ini¢ation Svstems: Operate, repair and replace, as needed, all irrigation system components
including water and electrical utility costs. The system shall be maintained per
manufacturer s guidelines and spray heads adjusted to minimize overspray into adjacent
public rights of way. Damaged irrigation controllers, communication cards and antennas,
endosures, pumps, valves, backflows, irrigation lateral and main line and sprinkler heads
will be repaired or replaced, including al] wiring and other irrigation related electrical
equipment, as soon as practical to avoid plant loss. TAVA shall maintain annual online
Rainmaster ]C service contracts for central control capability. Irrigation main line failures
under streets or sidewalks are eacluded and will be repaired by the City.
4. Li hQ• tine S st�: Operate, repair and replace, as needed, all decorative accent lighting
systems and component and, associated calculated electrical energy cost as described abo��e.
Accent lighting includes, but is not limited to, tree up-lighting, tree twinkle lights, themed
signage lighting. Accent lighting fixtures shall be maintained per manufacturers guidelines
and kept in working order. Adjustments to lighting shal] be performed as needed. Bumt out
bulbs shall be replaced as soon as practicaL Since portions on the electrical svstem are
shared with the pedestrian lighting system(City), only the system components immediately
accessible (for eaample, the bulb/light housing, tl�e electrica] outlet for tree lights, the 6-12
inches of conduit riser below ground) are to be maintained by TAVA. The remainder of the
electrical system will be maintained by the City.
5. Pedestrian Areas: Clean and perfom� minor repairs to all pedestrian areas (concrete and
brick pavers); as needed, including the removal of unsightly materials from the sidewalks,
s���eepin�, and po�aer ���ashin�. Brick pavers will be cleaned per manufacturer's ;uidelines
and frequenc}� and retreated or resealed per manufacturer's recommendation to protect the
pa��er surface. Pedestrian cross���alks are excluded and will be maintai�ed by the City.
{Client Files/49�7/]/K/SO40�920.DOCX}Page 4 of 12
6. Electricitv and water. TAVA shall be responsible for the costs of and be required to pro��ide
���ater and electricit�� to perform the maintenance sen�ices of this Agreement. includine
�i�atering of vegetation. TAVA agrees to have the bill for water placed in its name and shall
tal:e all necessar}� actions to do so upon request b} the Ciri�. Electrical po���er meters H�ill be
in the Cit��'s name and the Cit�� will im�oice TAVA the calculated po�ver usaee, as described
abo��e in Article I. Section A.
7. Graffiti. Graffiti (���ithin 12 feet of the eround. excludina murals on pm�ate propen}�) �+�ill
be removed from all features within the PBID Boundar}� �vithin 72 hours of bein_ reported. •
. Graffiti above 12 feet ���ill be the responsibility of the propert}� o��°ner, Public or Pri��ate.
8. General Maintenance: Perform eeneral miscellaneous maintenance sen�ices in the PB[D
Boundarv azea (indudins allevs) on a dail<< basis. General maintenance can include routine
cleaning. trash and debris remo��al (e�cluding hazardous ���aste), and minor repairs to ensure
a dean and aestheticall�� pleasing environment throuehout the Villaee. These acti��ities ��=ill
be at the discretion of TAVA and as defined and in further detail in the PBID Rene�ral
Manaeement Plan
9. Permits. 7his Agreement �rili sen�e as the Encroachment Permit for TA\'A to perform the
acti��ities described herein. For activities requirine traffic control on the citv streets; a traffic
control plan shall be submitted to the Traffic Engineerins Section for re��ie��� and appro��al at
no cost to TAVA. Any other non-cit�� permits that ma� be needed to perform the �vork
described 6erein ���ill be obtained by TAVA. Special Event permits will still be required.
10. Renortinq of Hazardous Conditions. An�� condition or hazardous situation to the general
���elfare of the public within the public rieht of ���av observed b�� TAVA personnel or
contractors in the normal conduct of their duties under this Aereement shall be remedied.
reported to the Cit�� ti�hen not �vithin the scope of this agreement or blocked off�ti�ithin 48
hours of disco��ering or reporting of the condition. An esample of a hazardous condition
���ould be where a tree erate has been displaced from its safe and proper settine, in such a
«-a�� that a pedestrian may trip. Another example �+ould be broken imeation svstems that
�ti�ould flood ���ater if the svstem were activated Failure of TAVA staff or contrac[ors to
obsen�e or appreciate hazardous conditions or situations shall not gi��e rise to any liabilit�� b�
7AVA for a failure to report such conditions that are outside the scope of this Agreement to
the Citv.
C. STANDARD OF CARE. TAVA expressly u�arrants that the work to be performed
pursuant to this Agreement shall be performed in accordance ��ith the standard of care ordinaril��
e�ercised b�� members of the profession currentiv practicing under similar conditions and in similaz
locations.
\ro Id'aiver of Standard of Care. Where appro��al b�� Cim is required, it is understood to be
conceptual approval only and does not relie��e the TAV.A of responsibilit�� for compl��in� ���ith all
la���s. codes. industn� standards. and liabilitv for damaees caused bv ne�lieent acts. errors.
omissions. noncompliance ���ith industry standards. or the ��illful misconduct of the TAVA or its
subcontractors.
D. COn1PL1ANCE �V1TH LA�VS OR REGULATIONS. TAVA aerees it shall compl��
�vith all local, state, and federal la�as or re�ulations in the performance of this A��reement. Should
a federal or state law pre-empt a local la�v, or reeulation, TAVA shall comph• ��ith the federal or
state la��= and implementina regulations. I�'o provision of this A�reement requires TAVA to obsen�e
{Client Files/49�7/1/USO40�920.DOC�}Pa�e � of 12
or enforce compliance with any provision, perform any other act, or do any other thing in
contravention of federaL state, territorial, or local ]aw, regulacion, or ordinance. If compliauce with
any provision of this Agreement violates or would require the TAVA to violate any law or
regulation, then TAVA agrees to notify City immediately in writing. Should this occur, the Ciry
and TAVA a�ree that they will make appropriate arrangements to proceed with or, if necessary,
amend or terminate this Agreement; or portions of it, expeditiously.
TAVA agrees to take appropriate measures necessary to ensure that participants utilized by TAVA
to complete its obligations under this Agreement, such as subcontractors, comply with applicable
laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition; if a subcontractor is expected to fulfill any responsibilities of TAVA
under this Agreement, TAVA shall ensure that the subcontractor carries out the TAVA's
responsibilities as set forth in this Agreement. The use of participants by TAVA to fulfill the terms
of the Agreement does not in any form relieve TAVA of its obligations under this Agreement.
E. TAVA INSURANCE REQUIREMENTS. TAVA agrees that it shall acquire and
maintain insurance as set forth in Exhibit C by the effective date of this Agreement or as otherwise
required by the City. The City may, by written notice, change the insurance requirements in its
sole and reasonable discretion and TAVA agrees to acquire and maintain such insurance as
requested by the City.
F. TAVA FUNDING. The TAVA is entering into this Agreement based on an understanding
that the City will continue to contribute fiscally to the annual special assessment obligations derived
from the Property Based Improvement District (PBID) established on July 2001 and renewed in
July 2006. Should the City cease to contribute fiscally (at the level of contribution as of the date of
this Agreement or any subsequent increases approved by the Board of Directors) or the PBID be
dissolved by the majority of the property owners, as prescribed under the Property and Business
Improvement District Law of 1994, TAVA shall have the right to terminate this Agreement.
Annually, TAVA shall review the maintenance operations of Third Avenue to determine
efficiencies, effectiveness; contracts and other aspects of the maintenance to allocate the appropriate
PBID funding for such services to be rendered under this Agreen�ent.
ARTICLE ll. CITY OBLIGATIONS
A. THIRD AVENUE STREETSCAPE MASTER PLAN (TASMP).
The TASMP will be constructed in phases. Accordingly, should the City elect not to complete the
TASMP, then TAVA shall solely be required to perform the maintenance services under the terms
and conditions of the Agreement for Guhancements ihat have been completed by the City.
B. COOPERATION-MAINTENANCE SERVICES. The City will be responsible to
operate, maintain and repair the following features to a basic level of service provided citywide:
1. Streets (including on street parking areas) fi�om the face of curb ro the face of curb (or
theoretical face of curb in the plaza area).
2. Pavement markincs and stripin�
{Client Files/49�7/1/K/50405920.DOCX}Pabe 6 oP 12
3. Bollards
4. Regular street siens
�. Traffic Sienals
6. Street and Pedestrian Lighting including the calculated electrical power
7. Palm Trees in the median
8. Storm ��ater de�ices including but not limited to `"filterras' (eacluding landscape type
feamres)
9. Auziliary electrical po��er s}�stem (use of the s}�stem ��ill be a separate cost and require a
separate agreemenbpermit)
10. The City will maintai❑ a street sN�eeping contract, to the estent funding is available_ for
�veeklv service for Third Avenue and associated streets Hithin the Villaee_ which includes
the Maintenance Area, set forth in Eshibit A.
l l. The Cin� shall report any repairs or ne��� construction to TAVA staff prior to proceediog to
coordinate information, schedule and notification to business �i�ithin the Villaee.
12. Replacement of dead/d}�ine street trees.
ARTICLE III. TI�TDEMNIFICATION
A. �'IUTUAL INDEMI�'IFICATION. The parties agree to mutual indemnification as set
forth in this Article.
1. TAVA shall defend, indemnifi�, protect and hold harmless the Cin�, its elected and
appointed officers. agents and employees. from and against any and all claims. demands.
causes of action, costs, espenses, liabilin. loss, damaee or injurv, in la« or equin, to
propertv or persons. including �7ongful death, in anv manner arisins out of or incident to
any alleged acts, omissions. negligence. or ���illful misconduct of TAVA: its officials.
officers, emplo}�ees, aeents, consultants, and contractors. arisine out of or in connectio❑
���ith the performance of TAVA's maintenance responsibilities in the `�4aintenance Area,"
or this Agreement, but onlv in proportion to and to the e�tent such liabiliri, loss, espense,
attome��s` fees or claims for injun� or damages are caused by or the result from the
neeligent or inrentional acts or omissions of TAVA, its officials, officers, employees,
agents. consultants, and/or contractors. The aforementioned proportional liabilit} shall be
determined b}� aereement of the parties, b�� arbitration (if arbitration has been agreed upon
by the panies); or b�� a court of competent jurisdiction.
2. The Cit}� shall defend, indemnifi�, protect and hold harmless TAVA. its officers. agents and
employees, from and aeainst an}� and all claims, demands, causes of action, costs,
espenses. liabilit}�; loss.ydamage or injury, in la�� or equit��. to property or persons.
includine ���ongful death, in an}� manner arising out of or incident to am alleeed acts,
omissions, negligence. or �i�illful misconduct of the Cit��, its officials. officers, emplo}�ees,
asents, consultants. and contractors, arisins out of or in connection �rith the performance of
the Cih�'s maintenance responsibilities in the "ARaintenance Area," or this A�reement. but
onh in proponion to and to the extent such liability, loss, e�pense, attome��s' fees or daims
for injun� or damages are caused b}� or the result from the nesligent or intentional acts or
omissions of the Citv. its officials, officers, emplo}ees: agents. consultants, and/or
contractors. The aforementioned proportional liabilim shall be determined b� a�reement of
the parties. b� arbitration (if arbitration has been aereed upon b} the parties): or b�� a court
af competent jurisdiction.
{Client Files/49�7/1/K/5040�920.DOCa}Pa�e 7 of 12
B. COST OF DEFENSE AND AWARD. Upon receipt of an action or claim against the City
or TAVA or both arising under either Party's acts or omissions as a result of this Agreement,
TAVA and/or the City shall tender the action or claim to TAVA's insurance carrier for the defense
against such claim. Should the tender for defense be denied by the insurance carrier, each party
shall then bear their own defense costs (including reasonable attorney's fees), subject to
reimbursement based in proportion to and to the extent of the parties respective liability, as
provided for in sections A.1 and A.2 of this Article, at the conclusion of the matter. If the City or
TAVA bear their own defense costs as set forth above, neither the City nor TAVA waive any rights
or remedies they may have against the insurance carrier to require them to pay all defense costs,
including attorney's fees. The Parties shall also pay and satisfy any judgment award or decree that
may be rendered against them or their directors, officials, officers, employees, agents and/or
volunteers, subject to the limitations in Sections A1 and A.2. The aforementioned proportional
liability shall be determined by agreement of the parties, by arbitration (if arbitration has been
agreed upon by the parties), or by a court of competent jurisdiction.
C. ADDITIONAL TERMS. The parties also agree to the following:
L Insurance Proceeds. Each Party's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by them, their directors, officials, o�cers, employees,
agents, and/or volunteers.
2. Declarations. Each Party's obligations under this Article shall not be limited by any prior or
subsequent declaraYion by them.
3. Enforcement Costs. Each Party agrees to pay any and all costs incurred by the other party
enforcing the indemnity and defense provisions set forth in this Article if the other party is
successful in enforcing such indemnity and defense provisions.
4. Survival. Each Party's obligations under this Article shall survive the termination of this
Agreement.
ARTICLE IV. TERMINATION OF AGREEMENT
A. TERMINATION FOR CAUSE. If, through any cause, TAVA shall fail to fulfill in a
timely and proper manner TAVA's obligations under this Agreement, or if TAVA shall violate any
of the covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving N�ritten notice to TAVA of such termination, which includes the
specific alleged cause or causes, and specifying the effective date thereof at least thirty (30) days
before the effective date of such termination ("Termination Notice"). TAVA shall have the ability
to cure such cause or causes or, if a cure is not possible within thirty (30) days, to begin such cure
and diligently prosecute such cure to completion which in any event shall not exceed ninety (90)
days after the receipt of such Termination Notice. TAVA hereby expressly waives any and all
claims for damages or compensation arising under this Agreen�ent.
B. TERMi1�'ATION OF AGREEMENT FOR CONVENIENCE OF C1TY. City may
terminate this Agreement at any time and for any reason, by giving specific written notice to TAVA
of such termination and specifying tl�e effective date thereof, at least sixty (60) days before the
effective date of such termination. TAVA hereby expressly waives any and all claims for damages
or coinpensation arisina under this Agreement.
{Client Files/49�7/1/K/SO40�920.DOCX}Pabe 8 of 12
ARTICLE V. A4[SCELLATiEOUS PRO\rISIONS
A. AGREEME\'T REVIE�V. Both parties agree to meet and confer from time to time to
identif�� changes in site conditions, problems with the maintenance ser�ices andlor the need to
modifi� the Agreement to address same. Minor changes to the Agreement ma�� be made at an� time
in �;Titins upon mutual asreement of all parties. In addition; each of the parties may call for a
meeting to discuss concems; support, and ideas on ho�� to make the maintenance services more
successful and efficient in subsequent years
B. COA1A'IiJ�'ICATIONS AND COORDINATION REPRESENTATIV'ES. To pro��ide for
consistent and effective communication, both parties ���ill appoint a principal and secondan
representative to serve as its cenval point of contact on maners relatin� to this A�reement and/or
the level of maintenance sen�ices in question. The principal representatives for this Aereement are
listed belo��� as follo���s:
For TAVA:
Executi�=e Director
(619) 422-1982
TAVA Board President
3�3 Third Avenue
Chula Vista. CA 91910
For the Cirv:
�'�'illiam Valle. Assistant Director of Eneineerins
(619) 409-�976
276 Fourth Avenue
Chula Vista. CA 9190
C. TER117. The term of the Asreement shall commence on the Effecti��e Date and shall
expire on June 30'" 2026; unless othen��ise terminated at an earlier date. Not��'ithstandine the
foreeoing, the parties ma}� elect to e�tend the Agreement bv mutual �vritten aoreement for an
additional period coincidine ���ith a PBID e�tension of the parties.
D. EFFECTIVE DATE. The terms and conditions of this A�reement shall be effective as of
the date this Agreement is siened b�� all parties on the Signature Paee.
E. ASSIG\'ABILITY. The sen�ices of TA\'A are personal to the Cit}, and T.AVA shall not
assi�n anv interest in this Agreement. and shall not transfer an�� interes[ in the same (�vhether b��
assi�nment or notation), �vithout prior���ritten consent of Cit�.
l. Limited Consent. Citv hereby pro��ides limited consent that TAVA ma�� assien the
performance of the aforementioned "n4aintenance Services ` to sub-contractors, subject to
City approval.
F. INUEPENDENT CONTRACTOR. Cit�� is interested onh� in the results obtained and
7�AV.A shall perform as an independent contractor «ith sole conirol of the manner and means of
{Client Files/=19�7/1/3US0�10�920.DOC\;Pa��e 9 of 12
performing the sen�ices required under this Agreement. City maintains the right only to reject or
accept TAVA's Maintenance Services, including their quality. TAVA and any of the TAVA's
agents, employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be employees of City, and none of them shall be entiUed to
any benefits to which City employees are entitled including but not limited to, oveRime, retirement
benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City ��ill
not withhold state or federal income tax, social security tax or any other payroll tax, and TAVA
shall be solely responsible for the pa}�ment of same and shall hold the City harmless with regard to
them.
1. Actions on Behalf of Cit��. Except as City may specify in writing, TAVA shall have no
authority, eapress or implied, to act on behalf of City in any capacity whatsoever, as an
agent or otherwise. TAVA shall have no authority, express or implied, to bind City or its
members; agents, or employees, to any obligation whatsoever, unless expressly provided in
this Agreement.
2. No Oblieations to Third Parties. In connection with the Project, TAVA agrees and shall
require that its agents, employees, subcontractors agree that City shall not be responsible for
any obligations or liabilities to any third party, including its agents, employees;
subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability to
any person or entity not a party to this Agreement.
G. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES. No suit or
arbitration shall be brought arising out of this Agreement, against City unless a claim has first been
presented in writing and filed with City and acted upon by City in accordance with the procedures
set foRh in Chapter 134 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by City in the implementation of same. Upon request by City,
TAVA shall meet and confer in good faith ti�ith City for the purpose of resolving any dispute o��er
the terms of this Agreement.
I. NOTICES. Notices, demands or requests provided far or permitted to be given pursuant to
this Agreement must be in N�iting. Notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid; registered or certified, with return receipt requested;
at the addresses identified in this Agreement as the places of business for each of the designated
parties.
J. INTEGRATION. This Agreement, together with any other written document referred to or
contemplated in it; embody the entire Agreement and understanding between the parties relating to
the subject maYter hereo£ Neither this Agreement nor any provision of it may be amended.
modified, ��aived or discharged ezcept b}� an instrument in ���ritine executed by the part}� a��ainst
�a�hich enforcement of such amendment; H�aiver or discharge is sought.
,ClientFiles/4957/1/K/5040�920.DOCX;Pa��e 10 of 12
K. CAPACITP OF PARTIES. Each sienatory and pam� to this Aareement warrants and
represents to the other part}� that it has leeal authorit�� and capacity and direction from its principal
to enter into this Aereement, and that all necessan� resolutions or other actions ha��e been tal:en so
as to enable it to enter into this Aereement.
L. GO�'ER\I\`G LAV1'/VENUE. This Aereement shall be ¢o��emed bv and construed in
accordance with the laws of the State of Califomia. Anv action arisine under or relatine to this
Agreement shall be brought only in the federal or state courts located in San Dieeo Count}�.�State of
Califomia, and if applicable, the Cit�� of Chula Vista, or as close thereto as possible. Venue for this
Aereement, and performance under it. shall be the Cin� of Chula Vista.
�NE�T PAGE IS SIGNATURE PAGE]
{Client Files/49�7/1/Ih/SO40�920.DOCa}Page 11 of 12
SIGNATURE PAGE TO
THIRD AVENUE VILLAGE STREETSCAPE MASTER PLAN AGREEMENT
FOR MAINTENANCE SERVICES BETWEEN THE CITY OF CHULA VISTA
AND THE THIRD AVENUE VILLAGE ASSOCIATION
IN WITNESS WHEREOF. City and TAVA have executed this Agreement indicating that
they have read and understood same, and indicate their full and complete consent to its terms:
For Tl�ird Avenue Village Associalio�: (Tf1 VA:
Date:
KATHY SPARKS ,
Board President Third Avenue Village Association
Date:
IAN TROTTER ;
Secretary, Third Avenue Village Association
For tJre City of C/ru/a Visla:
Date:
GARY HALBERT,
City Manager, City of Chula Vista
Approved as to form:
GLEN R. GOOGINS,
CITY ATTORNEY
J:�Ensineer\OSD(Open Space Districts)\TAVA\RDA-TAVA MAINT AGREE WSVApril ZS 2016 f�r
rev.doc
{Client Files/4957/1/K/SO405920.DOCX}Page 12 oi� 12
i
Exhibit "A"Limits ofMaintenance Sen iceArea
� �� ✓��l r ��-%; i�r `� .: � '� - � -. , "�
�` l `t"-v�` �-i �l„
,�/ \ 9 .l'�i,,�i� ti/+' `c� s, `���i` ''"� '�✓ � � �� �yi
/`_ y/� `/ %i � i ��_ � � .�� �. �-^,
%. t !���i/� �� i /\ • J�/.�i '� rj `',��yy4��i/tr� r.
�` �/ .! �'��� � � 1 1 /1��s� / l�/` iC/i � ✓.
sL� ' ,y , � �� : -��_--j'
� � %�.i i�`�'\ ��� �'' J y�: y ,4%i� �',�
_ y.y�, � ..� 1��I T/. �-�T.�.. .J'i`c�- �,J� �C
� E l �J Y'� � � ,�.�,.s ,�} y��`�;,
� r,�l`. �, Sl i� � - . rpi. . 51�_ :
' �] �'�J`�� ,� J � �.� °r6�1"�-ri%_
-ti ,/`i��
.���r1 y g y�{ -- �J� ;��, -«�`, �. ; � .
_,�C��T /P//i ✓ � i �l� /!�� \
� �''f✓ `✓y�i t� �, ' �\\�/l�`� �� � ' �
���.� �/S ', ✓ i ✓ �. .i � 2
>� �j�^ �/ \ �� \J� '^''i ��� � � ns ����
✓y�
�,✓� V - � � 5�
� .%:-��� i, ` �t,� GP. � Fs � ,y!?/�.��i�,r
� •, \ � � � � ��>�, .
� � `� � ' � ✓ � ��-� -'��;%�,� ,,��sz
; :1 s`�,'�-— 1 �<✓1�. '✓cv°�,ac. . �, ,
,- " f� � 1 ��r
��.J � . -. - ✓ ����'. � 1 �� �
✓ i v�+:' ,y.. T . � .�f
�� � ���``l �,
,�
�./c s�r'�` i..: �=tE°�'/ft�: o E� : -�� � yiL� � �
s- , .i � i �, a �?%^• . L-�.ln` � v�'` !v,�' � �.-y`. \��-
. . , �� `: a..cii ,: , .j'"1, ,�r'
- �, ''� y �g�.:'F.����•.i� , -��;� � :�r,���yi ��+.
. , _,��� � �i C�3,�a�''/' � /� ;�s ���' ��1'
�- . i> /�� ����� ��'. �` i � �
�. i ���
Y rm�_ �% '. �� �.-�;� I
�
c���1 �-✓^ % �� �'r'�',' _3r�
� i
�Y �y \
����
/`Q � �.
il,�%S�`,��rf �i�yr' ,�,-':' � r�' � �r✓r'.- . J� :
S'F'~��^g t /` � �-'l�'\i \ i^'�� .� • ��i+-- "`j-'�� l
✓ � � r 1
s, .�-`,"s i c �' r� �i.� r-� ��[> > '�. 5° 'f^1i i�� '�. !
� � ' �.�-^.:''.��� , i� � `Ki�•i.%`ti� � ' • . t ` y<' ���'��>�
� t ` ,� '�m
`'S� .. 5
� ../����` '� �1£� � .�,` ���`i: a�.�1 '��_Sj!� ,:�-� �
� ''i �YY i �i�. �t ,'t\-` 1,s�,' ._,�,y,�'�53. 'rr
�/� �; '�• ' �-C£1 . �s'e+�".��: � ��'� .'�'�; \ ��� �\ 1� � '
�. :, � � -�`��t�Y'A?o i:`;; 5 �; : i �,
��',�`. ��,,���. _ �5
�,i', '/ �/}:. ���• \ �`�.`� -�{ _��
,< �� ,�,� �� ,�"�.\ �� \�' . � } :� �✓,
. � ,�w� : � �y'-� tt' �f��?�
�'� � �''`,' ` �' >� � C �t t` �y �
�' �� � "� ` ` �' -i_r � ��. ✓svs<
� ', �,, ois'i'=v � �\ � .- � � \y / �'r/���S .
�5 ��, r',` „st/� \ �%�JOit!� -F 9'r- ��'�-f_''�%��'�`j`y:
y���^_ ` Y�� ''�/ y
.�-i i�i ,/`�� •-j\ 6f•����r .� � W'y /?�/��/ j
" , � � ,-�� . �5�, �� `� .-'`L - � � I 'k�.�i_ � 3
��i'.. �\,� s^ � /'6'�1 � Z - -i � �1 i 1r�� -r�; {
� '. � \ ��� ✓ ✓i+ -_� \TjY . ��\. . I
�r �.� Y�tl�,. . . %%� �� .-,.� Y - � - . r
% `'�', ��`l�'%'�i %'�`` �� �,;J J�y\ '�"`�' `,
_>- ✓� �j \ / �` �, �
i, _ '; `:lb�:.�`Lr-�.�t '.�! y�,�.�:. �1/sS�.-^:,_� �,�-+ `
% ����';'��i�z��r�t: ���.i: `,�_ �:.�����
� croposmeoumvrcamr�ie= ' � �
�VL oe.ma,n cnn.�,w,�em ""
� �rtid�+Elvuwa ser.:ca �
_o.;..:�.,. C�ro-����.,,
� Y —'°ie° Downtown Chula ViSta
�
I
,
�,�.° �:{�� �����_� �>�,� ;-r�_'� =E ss€ °: .E; �
�L�F_-'r -�� -: . __;i'Y � }5 _ i�q ' �G it;i a
II�� _,�I = � �� ° g 3. `- :=_ ° 3f 3�=`
I'S::F'. �_ .F..-II ' t' ' . E^sQ
-_� . �c - - " 'i I _- s $ } _ !cc _ � :Eg,._.
i _II- ! ' ' ' r _ �2¢i
-II�) . I � - __ �� I � 1 I I� < 's LE = m{�� _ �i�€�s��
-;_ � 'r— �� a = � ic€ e ��S:eS�
I:�i li�tj', k� ��� � n I it-� i '__ ?� � `-`9 x _�_ �i3
��#. �i. � F- �9 � '��I - � �v � i € ��_.
' � � � ''�_�-,'=- —�- i� i � _ �� s �-
__--ti� �i� '�: ; ---- - `I`�I � 'I! _ .e : _; '7 = = € ;
�� �'I �.i - - ,; ' � , i - ;;@ � °- ' = _' g �
. '— .�fTItl1j :• __—__. t iC'��e � _I e � g` £ • e g s �E,
Y���� B I i I� y r ��r I � � j �� � � �3 �°{
�- �I.1 1 .. � � � i�� - � �� £ � � t£
. e S l��i
�r� 5 I � : � __ - _ �= _ v
.-j�¢ � '� � ¢i � �. � €._; _ :i. - `5..
"'—"! '�.-Y "__' � � � � _=:��L, -_: ' -_,`-e
� �-;;;g I �T� ------ ,� �� - - _;�?_?" ` =;€c ' =;�eiE
_ 4� �I { g. Ee
=l'I i �, 'i,— �� � . _ :5�6� _ -e€ - �-5���
--�.i i l;I � i � � � i9s,
� ��I ' '�. _ � "
� � n p
.-:_��a� I �: �l�l —__._'= I`•I c
15 dJ/8r/,iY. I� � � � 15�O�yAr✓• -_ c
__ --j.-`Q� �'��;.�- � _� ri . - � i`�
_� _t�� � � I III n `x
"__"�iTili� ill i— _ -- I�:� - _ 'z�.
?'a .i "e
II r{� �lii,,` , iF zll ;. � �I. -`'E '_ �,o
-�.�1, ��I�zr�.r e � la , __�
5..,:rt ''1%'� _ z`` ' - "-
�� ��, .-�v_=��:__ ;Iji� - � _�
. � - k� -_, : - �
'f! : �°rs!i3�3500i/ � l 15!i3�?SOG'c � �
�j � �.
�,%i = _ III s.�'-�' <-
:y-: I ���'"l''a�II � .• _ • "' �' � \�
'%'� I I � ijl :> �e tE. �" � �I 'c � S�
� I '��:1 � e.€ . §F ���` ci� <
�� ' � I L� p C
r_�'.i I I I �-�i N . f§s ' �P }F� Y � ' I t � C � p
'H � I"�'•_ � 9 ��� � 5F 3s� — 3 �
� j,t s k e.e � e-g � : {� y
�I '� �r � jf�S _ F ��4 � - _ __-
• �� , � 2 _ �= F § �ES �t = _
' � c E� � � � �±� �
i i `�� � ? `;� � _f� °S-£ ie i ' _
��_!II�`„ --- � :s - �� --- = i°' �
--- ;Y; i�-:r-- 'z =_ s: �: - ` s � ^ j- � "
' - - �a-i:� - � f z: �. g E� £ --�' i _ •
�� � fl '• �
_ { �I I�', y € �l�q ycss €: -�', '
JIt � --{�' - �
l.�I � opps: ` R-sz': .s_'. � __ -
i f e... £ iaviC
`;�i� �C`.��i i � _ o � ,. �.� �iil =
� i. � � ''_ _
< i��a ��� _ = �Ei _ eEiFE yi ��II "a,��� '
ei � a°ef�' '
- .}.' _ _ -' .`� � c�� x - r -
, '_'_i z +'v'- _ _-- _ - ' -�' '
� . ,
� ; i� d:\ - ;���:€ � ' '.!� _� _
�'y�� r . ��' _ i_'Sfq . � _
� I r �' y �� I' � I _
i z �
' s
1 ) �I Ir—=. �� r��
� '
�-�'�1_y"�� � _S.'-.—.d�_ --_ �- _ �- _ • - -- _ __ -
_'___�� l'p _ _ . . _ ..T I� _ ' - -
_ _—" � 'S .A- 1 -- : '.2 -'I . -
--.—_'�_—•r-=-r.----- t .._ �� ._ � :.' _—__� � _
. . _
;�_'.';r::�. l_i�_y �_"_� � ` — I� ' �1 i '
x _ _ ' _
�`—"'
— ;�: � i� ,
_a�- :�- _ �� � ut� - i -
'�� � .�'7 I e- �� � �/� _1 � I
�1,_ i
Z la_h5"JS 3HIi!x?!rp d L_F!5 :S m0i �i!!IY `
i
,
�
N
e p
.pg �
W
e g� �
(133H5 335 3N17 HJl✓rv � b�g
�����t u �
' �+:=�!'i�;f i i x y� ��� !133H5 33S 3N17 M71VW
•�T I I � � ___ c '
� _�I� I � � � �� �_:� � �
�JI � -- �
/cP � r g° � � �
� i, � �� � °- �4 °.
f'o' � I ; �� = :;� � � � I
�=�—o - �Y; �
� �i i �a` e v.n Havd � a g ff ��'�' � � L_
,; ' ` __7 -_ W �F� �. � . I�' " .
a�a 1,�J � QY � g � C ;p=_ � ��yTPA1 NB�d_—
c g� Er�3 � I
� i��j�! °�9 °��€ L g c. rp`�,�d •. -' . ---,..-
I� I � ( `� 5�8 S�� 5 �tp ; �.�gi'�4 � i . y'T'"_""__
I t�- $ 6 ��eslee•
1. '� v i p_geCp c �°-'q '� p"g' � ,I
,ti'�i,�_�` i E ��4���y t' �,��y i�3eS�3 � � . I �
.��/ .ik �' �. � � ��L� 4 r eY '� e
' bN dOd'y_'___'� �, � �� � , _ � \
IY � ' 1.;.� i b D�3;SE@ m a�� � IS � � � � '� I
r_l`D'ti��� [�I I ` _ �___"` \
V�
i� I � .v .. @ ^ F � �d'Obty.-� g1
I '�b :, E y [A �� s '�� [i; m
��gy I c� ' . a � e y� ° ' �
�.�� �'�'ro �'_: Y °p� � � yy F U a m
' �'�����J111.�' 6 °-E � 6 �H� I MSM ��'S' , �Y � �'� . � WW
, � � e =� � ,; � I C=-�. --- ' _ =w
� � ''.` �4 � � 2 I g . I i ' , W2
_� 'I �113. �` fg � � a�1C . � i asvra @ ( � :'I ' I��.w WN
l I ` �I��I�'�— — o dF o e• t��gy�� ' �+-E_'� '-� �i
� •. SP p� r�� a c548 a �p� �� I I � ra '.ca . � ¢
' � � 8 f � f �� � � ' i �� � .1 i�� �o
I� �r^— � "F��� � '�� I I � � y � � ' g ?W
i � � • I �l•.[ W �eA��� W b�u� i i � „' I�� �_ ��
�64 F' 3E ° __ � =�ar� ?.
! �' '� A�tE �'AA sea. S - �}.
- .r. i ' �� s�$Y4: iAn I � as, i W�
�`� i �' �r 2 I __ , z �� ��
Q `� I a 14 Q
_� � I .� I I e � W6 °63 z
�__.�� F�� i J � ;. � &�� �
�;. ' � e - 151 ' .��� � ;x
: ��-
�' �� i RIR/*'�)� - T�"Y B� � ,�L___ � ��;
. ' �k� � � R" �
I I . —_�av. �i ��.. � e���
I .. i � � � —_a�, � 3 r S�e
/
� � i i�� �4��� —_� .n � :8�
� � i ' •, = 4���� � �� � �'s
s CTg e
; �,'¢. .�y ' ��I ys�" �{j� � �
�I �l,��� _ �p ar 6pg�i � R T ���p !
' I , I ' � � Q v I �� ' S i
. '~ 1 � � � � ���9 =@ � �I ` �4 � "����, '
� � �- �^._i'r � `o�€�� ��� ;A�1 ; �.��e€�, s
, t .
,_.�._„��- "'"" ` ' �, . I �j� �7� �aq¢§� v
' �-Tn� �. %E e� ���e< �3k�». - 3r5�� a
,. t— ..� 15 .J.l �T�_,.Y . ... � : e C�� �� -- — _ !
• ` ` �
,��—.��� _" '������.�..Jy�. .z- � § F� � � �
' I� � '�'(I 2�� � $g �� x�� •-TS[ ..d i , 5
� ' �.�� �' g p -ge il�n. � . '"� ° T^ �
I. � "' "�� @#€ � ��� I � �
,%al .� g 4p 4'l's � � + y
,,� CSi. �I � nE�e4� rD'r� � - zJS_�a '
' .� � p. iisr ��r'asrw i
C
s .F tlB I I
I ��I � 'f.� ��9��3 � � � f@ ?
t,; ' %.�I g� �@�
� ��l Ji, s� � s
u � ;i @.. :
� � i9.3Y�e �,' ��. �i:i _
� �� �� � �
i
,
t!=3x 335 �
-__--__'_- _ - 'K,_ �,_ _ '_ _ ""-'_._.`.$._ I _
_—_� _ '2-s--:"'= _ E _ �,�� `
-__i_� ' `.-" _� _ __ � ..- ••=r-1z----___.'_ 2
—�!���i ��T(�, ' £ �_I Yc'- 4i''+ I ��
I> �.e `i%.�`f I ��k'1. =�F �3E58 I � � ' �� .� C I.��i
y55- '�', r �`II } 5e�E Z3rN/M � - �V .Z3r+e
�`l/. .�e ? �� e [S y� [3n.e
� �� i.'C! /�,' Y_[ �(��� � � �� _ 1: � �
t: _ `' �y, j . Ti i F� k��� � 1� 1
. _ x t� �!�� �c.� � '�Sf[5_'.t 91 �`
_. , i`4 �b c�'�:€? I 1� �` �
6 i:,
- '7 J�!� .R9 b €��3e;g
y =t:' j f=l � = I � a^'al I
'- �% �I�� ! iiI z `- � �c - �i �
= o E' �„s,'. � � i � °. F� � _ �0.'
_s g i �,_ay�j _ ' � � e. r I
_ �� : € € :�
. ' =f? I'�'k � Cz,] '- ' g=;, I� - - �
' z �'. ii=� � iji € � o§EJ' I �� _ � II
� `�e_ �+•� � :�r. - � �y,�'- I �` _ al I
_p. ��Y I . . I _ ':i4i5 �. �
� ° Y =� '��!F - _ w
� c4;i �; I :<f:
_ _-"-; u•t.! I �'llf �rES �S - � I
I e .: � : I �_, : "
; �`.�� >t �i =£= i i � � � i
E � '-ssE I 'v ` '�:� �� i � " ii
� =}ECe ,� i y _ � p
.;a: ,.
�} i •.,� �
Qy ' ; i � � � � t �� � ;
- � - �,� ,�,� �. — �- , F -o;,.� _ "_
� �— � — _�
;�I �� ��
�
� '�~� 4l�' � � I �� � ' � � �
� � � . � ,� � � a Q,
; ✓ , � �
; ,�.�, I
�_
� _;% � �-�`_�_ � � � =z � � � � � � � �._.
,; � _ ,� �;
i � �, � i ia
�j � %K� ;� t rs r � � �
=�SI a = _ '- ��
� ' I � �;
�� � ��� � ���y.... � ii s,
. ->,( , ikf� � 5 -l'-:i. � � I ;
�ii /-ti I I n �� 'c
�-_-��� � e�. � =.-��1 � �
- i ;;�—�}'. t _�'� ,_ - ti . .
- �;'�i � -'i[. I� �,/ %�:' �� �
' '�-i'. ' ;.t b I I +1 �✓.yi' /- . /�, �� I
� _
��-{� �E����' � � - � i �
. l{i �� ..��. � - � _.TG.
�{.. �
11/�I :%i �� I � - „ `! `
-"�. e�, ::i � - � _ � ? 'e'- '€
� ;�r- �� �'; I I I � x � � � ' ;°� _
y,. .�:4 � � ` � � II ` �p�
'rl � [ c E.
' _ �_ L .'�I��a.`..�:i_L_ _. � i_ � 4 {� _
,. � �. .. ,..... _
....__ y � .,
�'_� — __.._—
_"_'"_`-�.'• --_-_"__ -_ _ -' .. -�' -� _ :[ _
- _ii ii'-- _ _ _ _ `_ .. '" � " _ _ . � , s; _
`���_ . �i� ��-� }"- €i
�-_ I __ _._.� � ?4
. —� . I —{,--•— `_` - _ ' �` `�'
] I f• ti S.�
v €
�°i ! i I � �' � � ��` � ` -I e•£ >
�ii 1 � .:� � �YII� '({i c �-S` '
��.•�� I` ( }�I ft I : � €_s-: �
i =
; �°i�KS
`yeEg: i
EXHIBIT C
A. Il�'SUR4i1'CE. TAVA aarees to abide bv the folloH•ing insurance requirements:
1. GeneraL TAVA must procure and maintain, durine the period of perfortnance of
this Agreement, and for h��elve months after completion, policies of insurance
from insurance companies to protect aeainst claims for injuries to persons or
damages to property that may arise from or in connection with the perfortnance of
the �t�ork under this Aereement and the results of that ���ork b�� the TAVA. his
aeents, representatives. emplo��ees or subcontractors, and provide documentation
of same prior to commencement of work. '
2. Minimum Scope of Insurance. Coveraee must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liabilit�� coverase
(occurrence Form CG0001). y
a. Auro. Insurance Services Oftice Form 1�'umber CA 0001 co��erine
Automobile Liability. Code 1 (an�-auto). �
b. 1i'C. �'�'orkers' Compensation insurance as required b��the State of
Califomia and Employers Liabilin� Insurance.
c. E80. Professional Liabilit�� or Erzors K Omissions Liabilit��
insurance appropriate to the TAVA's profession. Architects' and
Eneineers coveraee is to be endorsed to include contracmal
liabilit�•.
3. Minimum Limits of Insurance. TAVA must maintain limits no less than those
included in the table belo�te
i. General Liability: SI,000,000 per occurtence for bodily injury. personai
(Including injun�, (includine death). and propert��damaee. If
operations. Commercial General Liability insurance with a eenerai
products and ageregate limit is used, either the eeneral aeereeate limit
completed must apply separatel}•to this ProjecUlocation or the
operations, as eeneral a�greeate limit must be hvice the required
applicable) occurtence limit.
ii. Automobile 51.000.000 per accident for bodil�• injun�, including death.
Liabilit�•: and propert��damaee.
iii. \Vorkers' Stamton�
Compensation 51,000,000 each accident
Employers �1.000,000 disease-policy limit
Liabilitv: �1.000.000 disease-each em lo��ee
iv. Professional $1.000,000 each occurrence
Liabilit}�or
Errors &
Omissions
Liabilitv:
If TAVA maintains higher limits than the minimums shown above, the City
requires and shall be entitled to coverage for the higher limits maintained by
TA V A.
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the
City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and
volunteers; or TAVA will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration,
and defense expenses.
5. Other [nsurance Provisions. The general liability, automobile liability, and
where appropriate, the �vorker's compensation policies are to conTain, or be
endorsed to contain, the following provisions:
a. Addrtional Insureds. City of Chula Vista, its officers, officials,
employees; agents, and volunteers are to be named as additional insureds
with respect to all policies of insurance, including those with respect to
liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of TAVA, where applicable, and, with respect to liability arising
out of work or operations performed by or on behalf of TAVA, induding
providing materials, parts or equipment furnished in connection with such
work or operations. The general liability additional insured coverage must
be provided in the form of an endorsement to TAVA's insurance using
ISO CG 2010 (1]/85) or its equivalent. Specifically, the endorsement must
not exclude Products/Completed Operations coverage.
b. Primary hTSUrance. TAVA's General Liability insurance coverage must
be primary insurance as it pertains to the City, its officers, officials,
employees, agents, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance of TAVA and in no way relieves
TAVA from its responsibilit��to provide insurance.
c. Cancella�io». The insurance policies required by this Agreement shall not
be canceled by either party, except after thirty days' prior written notice to
the City by certified mail, return receipt requested. The words "�vill
endeavor' and "but failure to mail sucl� notice shall impose no obli�ation
or liability of an�� kind upon the compan}�, its a_ents, or representatives '
shall be deleted from all certificates.
d. Aclrve A�egligence. Co��eraee shall not estend to am• indemniro co��erage
for the active neelieence of the additional insureds in anv case where an
aereement to indemnifi� the additional insured ��•ould be in��alid under
Subdivision (b) of Section 2782 of the Civil Code.
e. {�'ori,er of S:�brogotion. TAVA's insurer H�ill pro��ide a ��'ai��er of
Subroeation in favor of the Cih� for each required policy providine
coveraee for the term required b�•this Aereement.
6. Claims Forms. If General Liabilitv. Pollution and/or Asbestos Pollution Liabilin�
and/or Errors & Omissions coveraee are ���ritten on a claims-made form:
a. Rerro Date. The ''Retro Date' must be shown, and must be before the da[e of
the Aereement or the beeinnine of the���ork required b}•the Agreement.
b. Mointenonce ond Evidence. Insurance must be maintained and evidence of
insurance must be provided for at least fi�•e years after completion of the �aork
required b��the Aereement.
c. Concel(atron. If coveraee is canceled or non-rene���ed, and no[ replaced ��•ith
another claims-made policy form with a "Retro Date" prior to the effective da[e of
the Agreement, TAVA must purchase "extended reporting" co��eraae for a
minimum of five years after completion of the ���ork required by the Aereement.
d. Copies. A copy of the claims reportine requirements must be submitted to the
Citv for re�•ie�+�.
7. Acceotabilitv of lnsurers. Insurance is to be placed ���ith licensed insurers
admitted to transact business in the State of Califomia with a current A.M. Besrs
rating of no less than A V. If insurance is placed �aith a surplus lines insurer,
insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) �vith a current A.M. Besrs ratin� of no less than A X.
Esception may be made for the State Compensation Fund ���hen not specifically
rated.
8. Verification of Coveraae. TAVA shall fumish the City with original certificates
and amendator�� endorsements effecting coverage required by Section I.C. of this
Agreement The endorsements should be on insurance industry forms, pro��ided
those endorsements or policies conform to the requirements of this Agreement.
All certificates and endorsements are to be received and approved by the City
before ���ork commences. The City reserves the right to require, at any time,
complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
9. Subcontractors. TAVA mus[ indude all subcontractors as insureds under its
policies or furnish separate certificates and endorsements for each subcontractor
All coverage for subcontractors is subject to all of the requirements induded in
these specifications.
10. Not a Limitation of Other Obli atQ ions. Insurance provisions under this Article
shall not be construed [o limit TAVA's obligations under this A�reement,
including Indemnity.
RESOLUTION NO.
RESOLUTION OF THE CITY COUI�CIL OF THE CITY OF
CHULA VISTA AUTHORIZII�'G THE CITY M.Ai\'AGER TO
SIGN THE ASSESSA4EI�'T B.ALLOT OI�' BEHALF OF THE
CITY OF CHiILA VISTA TO RENEVJ THE PROPERTY-
BASED BUSII�TESS IMPROVEMENT DISTRICT FOR
DO\4'I�TTOVdN CHULA VISTA FOR A PER]OD OF TEI�
YEARS.
�b'HEREAS, the Propem� and Business Improvement District La��� of 1994 (Califomia
Streets and Hieh��a�� Code Sections 36600 e� seq.)(the "PBID Law") authorizes the Cit}� of
Chula Vista to form one or more propert}�-based business improvement districts ("PBID") within
Chula Vista: and
V��IIEREAS, the City Council oF the Cit}� of Chula Vista wishes to continue to promote
the economic revitalization and ph}�sical maintenance of the business districts within Chula
Vista: and
WHEREAS. the Dowmto��m Chula Vista PB]D �aas formed in 2001 and renewed in 2006:
and
WHEREAS, the renewal of tbe PBID «�ithin Chula Vista will further the City Council's
goals of creatine jobs, assisting ne�ti� businesses and supporting the existing business district
within the Citv: and
�i%HEREAS, a petition siened by propert�� o�mers in the proposed PBID Nfio will pay
more than fifry percent (50%) of the assessment proposed to be levied has been submitted to
support the reneti�al of the PBID; and
VJHEREAS, a special annual assessment will be le��ied on the propert}� o��roers located
���ithin the PBID boundaries: and
WHEREAS, tbe City will not be issuing an�� bonds to support the renewal of the PBID;
and
WHEREAS, the services to be provided in the PBID will include economic development
and marketing for business retention and attraction; district ���ide maintenance; Third Avenue
enhanced maintenance includine graffiti remo��al. landscape improvements and poti�er N�ashine
of side�aalks; sponsorina of annual special e��ents; and
VdHEREAS, the estimated costs for the first }�ear of operation of the PBID is Four
Hundred Fifr�� Five Thousand Dollars (�4»;000) ��'hich cost ma�� be increased in future }�ears a
ma�imum of fi��e percent (�%) annuall�; and
WHEREAS, a more detailed description of the location, services and costs of operation
of the proposed PBID are set forth in the fina] management plan, dated January 2016, on file
with the City Clerk and incorporated in this Resolution by this reference (the "Reneti�al Plan ');
and
WHEREAS; the Third Avenue Village Association ("TAVA") intends to perform certain
services contemplated in the Renewal Plan; including district-wide maintenance and Third
Avenue enhanced maintenance, pursuant to an agreement with the City; and
WHEREAS, City staff has been working with TAVA to prepare the draft maintenance
agreement; "Third Avenue Village Agreement and Encroachment Permit for the Maintenance
Services between the City of Chula Vista and the Third Avenue Village Association," which will
be presented to the City Council for approval if the City Council decides to reneti�the PBID; and,
WHEREAS; renewal of the PB]D requires a majority protest ballot procedure; in Hfiich
each property owner within the District, including the City, may participate and, which ballots
will be tabulated afrer a noticed public hearing is held by the City Council on June 14, 2016 at
S:OOP.M. in the City Council Chambers located at 276 Fourth Avenue, Chula Vista.
NOW; THEREFORE; BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Cit�� Manager to sign the PBID Renewal assessment ballot to renew� the
PBID in conformance with the PBID Law and California Government Code Section 53753; and
BE IT FURTHER RESOLVED that the public hearing for the majority protest ballot procedure
���ill be held by the City Council on June 14, 2016 at 5:00 P.M. in the City Council Chambers
locatedat 276 Fourth Avenue. Chula Vista.
Presented by Approved as to form by
Eric Crockett Glen R. Googins
Economic Development Director City Attorney