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HomeMy WebLinkAboutAgenda Packet 2002/10/08CITY COUNCIL AGENDA October 8, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI]Y OF CHULA VISTA City Council Patty Davis Stephen C. Padilla Jerry R. Rindone Mary Salas Shirley A. Horton, Mayor City Manager David D. Rowlands, Jr. City Attorney John M. Kaheny City Clerk Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 AGENDA October 8, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY COUNCILMEMBER SALAS OF CERTIFICATES OF RECOGNITION TO SEVEN STUDENTS OF THE BALLET CONSERVATORY OF CHULA VISTA WHO HAVE BEEN iNVITED TO PARTICIPATE IN THE MOSCOW BALLET PERFORMANCE OF THE NUTCRACKER INTRODUCTION BY BOB LEITER, DIRECTOR OF PLANNING AND BUILDING, OF THE EMPLOYEE OF THE MONTH, MAUREEN CASPER, SENIOR FISCAL OFFICE SPECIALIST iNTRODUCTION BY RICK PROMOTED OFFICERS: Agent John Pene Agent Scott Adkins Agent Mike Walden EMERSON, CHIEF OF POLICE, OF NEWLY INTRODUCTION BY VIRGIL PINA, CHAIRPERSON OF THE HUMAN RELATIONS COMMISSION, OF ESSAY CONTEST AWARD RECIPIENTS: Megan Stroebel, First Place (Bonita Vista Middle School) Geoffrey Bogart, Second Place (Bonita Vista Middle School) Charles Gilly, Third Place (Bonita Vista Middle School) Armando Lopez, First Place (Bonita Vista High School) PRESENTATION BY MAYOR HORTON OF A PROCLAMATION TO EMMA LEWARK, RISK MANAGEMENT SPECIALIST, PROCLAIMING THE WEEK OF OCTOBER 7 THROUGH OCTOBER 11, 2002 AS "DRIVE SAFELY WORK WEEK" PRESENTATION BY MAYOR HORTON OF A PROCLAMATION TO DEPUTY CITY MANAGER PALMER, PROMOTING THE MONTH OF OCTOBER AS READING THE GRAPES OF WRATH MONTH IN CHULA VISTA OATH OF OFFICE: CESAR PADILLA MOBILEHOME. RENT REVIEW COMMISSION CONSENT CALENDAR (Items 1 through 17) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion, lf 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 after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of September I0 and September 17, 2002. Staffrecommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter from Zig Kanstul, Chula Vista High School Band Director, requesting contribution of police services, including security, traffic and crowd control, along the route of their annual Band Review on November 9, 2002. Staff recommendation: The letter be referred to staff with the direction to return to Council on October 22, 2002. 3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACT1NG IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DECLARING THE RESULTS OF A SPECIAL ELECTION 1N SUCH COMMUNITY FACILITIES DISTRICT AND IN IMPROVEMENT AREA A AND IMPROVEMENT AREA B THEREOF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP), AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES DISTRICT On September 10, 2002, Council held a public hearing and adopted resolutions to form and establish Community Facilities District No. 06-1 (CFD 06-I), declaring the necessity to incur bonded indebtedness for each improvement area, and amending the boundary map. On September 17, 2002, a special election of eligible property owners was held in the City Attorney's office for the purpose of voting on the formation of CFD 06-I. Adoption of the proposed resolution and ordinance continues the formal proceedings by certifying the election results and authorizing the levy of special taxes within CFD 06-1. (Director of Public Works) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. Page 2 - Council Agenda 10/08/02 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL 'B' MAPS OF CHULA VISTA TRACT NO. 98-06A, OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R-54, R-55, R- 57B, R-59B, R-56 UNIT 2, AND R-58 UNIT 2, ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 'B' MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR OTAY RANCH VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R-54, R-55, R-57B, R-59B, R-56 UNIT 2, AND R-58 UNIT 2, PORTION OF VILLAGE ONE WEST SOUTH, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2002-119 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On April 24, 2001, the Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06A, Otay Ranch, SPA One, Village One West South. On October 5, 2001, the Council approved Village One West South 'A' Map No. 1. On August 27, 2002, the Council approved four 'B' maps within Village One West South. Adoption of the proposed resolutions approves five additional Final 'B' Maps within Village One West South, and five 'B' Map supplemental subdivision improvement agreements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 5A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL 'B' MAP OF CHULA VISTA TRACT NO. 96-04B, OTAY RANCH, VILLAGE FIVE, NEIGHBORHOODS R-39 UNIT 2, ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENT GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 'B' MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE FIVE, NEIGHBORHOOD R-39 UNIT 2, PORTION OF VILLAGE FIVE, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-291 AND AUTHORIZING THE MAYOR TO EXECUTE SA1D AGREEMENT Page 3 - Council Agenda 10/08/02 On August 28, 2001, the Council approved a revised Tentative Map for Village 5, Neighborhoods R-30 and R-39 of Otay Ranch, SPA One. On August 27, 2002, the Council approved a 'B' Map for Village 5, Neighborhood R-39 Unit 1. Adoption of the resolutions approves a 'B' Map for R-39 Unit 2 and the associated agreements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNIT 3 FINAL MAP; ACCEPTING ON BEHALF OF THE CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the proposed resolution approves the Final Map for Neighborhood 8, Unit 3, and the subdivision improvement agreement. The developer is McMillin Rolling Hills Ranch, LLC. The map for 45 dwelling units brings Rolling Hills Ranch (Salt Creek Ranch) to 1,163 equivalent dwelling units (EDU's), effectively reaching the traffic cap of 1,665 EDU's prior to SR-125 construction. (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PHASE IV OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (PROJECT NO. SW-219) TO DON KELLY CONSTRUCTION, INC. IN THE AMOUNT OF $2,769,059 On September 4, 2002, the Director of Public Works received sealed bids for this project. The work for this project includes the installation of various sizes of trunk sewer line pipe. The project extends northerly from the upstream end of the existing Salt Creek sewer line to the existing Olympic Parkway Sewage Pump Station. This project is the third of four construction phases that will ultimately complete the construction of the overall Salt Creek Gravity Sewer Interceptor project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF OTAY LAKES ROAD AND APACHE DRIVE/MIRACOSTA CIRCLE 1N THE CITY OF CHULA VISTA (PROJECT TF-301), AND AUTHORIZING STAFF TO TRANSFER FUNDS FROM THIS PROJECT BACK TO THE TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT/WlLDAUER COURT (TF-296) AND MEDICAL CENTER DRIVE AND EAST NAPLES STREET/EAST NAPLES COURT (TF-297), IN ORDER TO REIMBURSE COSTS BORROWED FROM THE ABOVE-MENTIONED PROJECTS TO PURCHASE EQUIPMENT FOR THE TF-301 PROJECT AHEAD OF SCHEDULE (4/5THS VOTE REQUIRED) Page 4 - Council Agenda 10/08/02 10. 11. On September 11, 2002, the Director of Public Works received sealed bids for this project. The scope of the project includes the installation of a fully actuated traffic signal system and other work necessary to complete the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-FtJLA VISTA APPROVING CHANGE ORDER NO. 1 FOR THE STILEETLIGHT INSTALLATION ON MAiN STREET BETWEEN NIRVANA AVENUE AND HERITAGE ROAD (PROJECT LD-107) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY On June 18, 2002, the City Council awarded a contract in the amount of $47,100 (plus contingencies of $9,420) to T&M Electric dba Perry Electric for this project. Proposed Change Order No. 1, in the amount of $8,000, is for the relocation of an electrical service point and other associated work necessary to complete the work in accordance with City standards. (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PCR SERVICES CORPORATION (CONSULTANT), AND VESTAR DEVELOPMENT II, LLC (APPLICANT), FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF AN ENVIRONMENTAL IMPACT REPORT FOR THE COLLEGE MARKETPLACE GENERAL PLAN AMENDMENT, REZONE, TENTATIVE PARCEL MAP, AND PRECISE PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicant has filed a general plan amendment, rezone, precise plan, and tentative parcel map applications for the College Marketplace project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report. Adoption of the resolution approves the proposed contract with PCR Services Corporation for an amount not to exceed $165,494 to provide consultant services for the preparation of the CEQA-required environmental documents for the proposed project, and an additional $41,374 for additional services should they be necessary. (Director of Plarming and Building) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF THE CALIFORNIA BORDER ALLIANCE GROUP (CI3AG) NETWORK ASSISTANT POSITION, AMENDING THE FISCAL YEAR 2003 POLICE DEPARTMENT BUDGET AND APPROPRIATiNG UNANTICIPATED REVENUES FROM CBAG THEREFOR (4/5THS VOTE REQUIRED) Adoption of the resolution authorizes the addition of~the position of CBAG Network Assistant. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 5 - CotmcilAgenda 10/08/02 12. 13. 14. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE NATURE CENTER'S PARTICIPATION iN THE AMERICAN ASSOCIATION OF MUSEUMS' RE-ACCREDITATION PROCESS; AND AUTHORIZiNG THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS Originally accredited by the American Association of Museums (AAM) in 1992, the Chula Vista Nature Center's accreditation is due to be re-evaluated. The first step in the evaluation process is the completion of a self-study application for submittal to the AAM's Accreditation Commission. (Nature Center Director) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES, AND VISITOR AND TRANSIT iNFORMATION SERVICES AT THE CHULA VISTA VISITOR iNFORMATION CENTER AND CHAMBER OF COMMERCE MAiN OFFICE FOR THE REMAINDER OF FISCAL YEAR 2003 According to Council Policy No. 230-01, each year the Council considers a budget and related contract with the Chula Vista Chamber of Commerce for a Chula Vista Convention and Visitors Bureau (CVConvis). The budget and contract with the Chamber for operation of the Chula Vista Information Center also receives annual approval. Staff extended these two agreements for the first quarter of this fiscal year to allow time for the Chamber to begin developing its strategic plan for CVConvis and the Visitor Center, and for the City and Chamber to negotiate a single contract for Council consideration for the provision of these services for the remainder of the fiscal year. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A SALARY ADJUSTMENT FOR THE ANIMAL CONTROL MANAGER CLASSIFICATION 1N THE POLICE DEPARTMENT Adoption of the resolution approves a request for a salary adjustment for the Animal Control Manager classification. (Director of Human Resources) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2003 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $24,534 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (4/5THS VOTE REQUIRED) Page 6 - CouncilAgenda 10/08/02 16A. 17. The Chula Vista Middle School has been awarded a State grant for the provision of additional before and after school programming hours. The School has asked the City Recreation Department to provide these services, via a memorandum of understanding for $24,534. These hours are in addition to the existing after school hours provided by the Department to the School. (Director of Recreation) Staffrecommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PLAYGROUND/PARK RENOVATIONS OF TIFFANY PARK (C1P PR-225) AND LOS NII~OS, VALLE L1NDO, AND LANCERLOT PARKS (CIP PR-228) TO 3-D ENTERPRISES, 1NC., AND TRANSFERRING $31,416 1N AVAILABLE PARKLAND ACQUISITION AND DEVELOPMENT FUNDS FROM CAPITAL iMPROVEMENT PROGRAM PROJECT NO. PR-228 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-225 (4/5THS VOTE REQUIRED) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARD1NG CONTRACT FOR THE PLAYGROUND/PARK RENOVATION OF CONNOLEY PARK (CIP PR-215) TO 3-D ENTERPRISES, 1NC., AND TRANSFERRING $59,135 IN AVAILABLE PARKLAND ACQUISITION AND DEVELOPMENT FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-228 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. PR-215 (4/5THS VOTE REQUIRED) On July 31, 2002, the Director of Building and Park Construction received sealed bids for the Los Nifios, Valle Lindo and Lancerlot Parks Renovation Project (CIP PR-228) and the Tiffany Park Renovation Project (CIP PR-225). The work to be done involves the addition of new paving, play equipment, play area surfacing, play area curbs, fencing, drainage improvements, and site furnishing for the parks. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE, WITH CONDITIONS, OF BAY BOULEVARD BETWEEN F AND J STREETS, F STREET WEST OF BAY BOULEVARD, LAGOON DRIVE, MARINA PARKWAY BETWEEN H AND J STREETS, AS WELL AS PORTIONS OF F, G, H, I, AND J STREETS AS NEEDED BETWEEN THE HOURS OF 5:00 A.M. AND 2:00 P.M., ON OCTOBER 27, 2002 FOR THE PURPOSE OF HOLDING THE 2002 ARTURO BARRIOS 5K AND 10K RACES For 14 years the City of Chula Vista, the Port of San Diego, and other local private and non-profit entities have sponsored the Arturo Barrios races at the Chula Vista bayfront. The event includes 5K and 10K runs, as well as other activities, on the last Saturday morning in October, and requires City Council approval of certain street closures. The event welcomes a variety of amateur athletes, including members of the Olympic Team, and receives national news media coverage. (Director of Community Development) Staff recommendation: Council adopt the resolution. Page 7 - Council Agenda 10/08/02 ORAL COMMUNICATIONS Persons speaking during Oral Communications 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 tala'ng 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. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 18. CONSIDERATION OF APPROVAL OF PCC-02-34, A CONDITIONAL USE PERMIT TO INSTALL, OPERATE AND MAINTAIN A WIRELESS COMMUNICATIONS FACILITY CONSISTiNG OF TWO 15-FOOT-HIGH MONOPINES TO SUPPORT A TOTAL OF THREE ANTENNA ARRAYS, TWO MICROWAVE DISHES, AND ONE GPS ANTENNA; AND AN ASSOCIATED 45-SQUARE-FOOT EQUIPMENT ENCLOSURE BEHIND A SINGLE-FAMILY HOME AT 455 QUAIL COURT APPLICANT: VERIZON WIRELESS (Continued from 09/17/02) Verizon Wireless has requested a Conditional Use Permit to install, operate and maintain an unmanned wireless cormnunications facility consisting of two 15-foot-high monopines to support a total of three antenna arrays, two microwave dishes, and one GPS antenna; and an associated 45-square-foot equipment enclosure behind a single-family home located at 455 Quail Court. The monopines proposed would be approximately 70 to 90 feet south of existing Pacific Bell/Cingular antennas located on the same lot. The Environmental Review Coordinator has concluded that the project is a Class 3(c) categorical exemption from environmental review (CEQA Section 15303, new construction of small structures). (Director of Planning & Building) Staff recommendation: Council continue the heating to the regular meeting of October 22, 2002. 19. CONSIDERATION OF ADOPTION OF AN URGENCY ORDiNANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE On August 13 and September 10, 2002, the Council approved Urgency Ordinance Nos. 2866-A and 2866-B, modifying the Transportation Development Impact Fee and amending Chapter 3.54 of the Municipal Code. The proposed urgency ordinance enables the City to continue to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. (Director of Public Works) Page 8 - Council Agenda 10/08/02 Staffrecommendation: Council adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO DEVELOPMENT 1MPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (4/5THS VOTE REQUIRED) 20. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE 6 - MCMILLIN OTAY RANCH AND THE OTAY RANCH COMPANY) Adoption of the proposed resolution is the first step in the conclusion of the formal proceedings to establish this district. The district will fund the perpetual operation and maintenance of slopes, medians and parkway, and storm water treatment facilities associated with Village 6. (Director of Public Works) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE RESOLUTION OF INTENT TO FORM COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE 6 - MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AND DIRECTING THE PREPARATION OF A REPORT OF THE IMPACT OF SUCH PROPOSED MODIFICATION 21. CONSIDERATION OF AMENDMENTS TO CHAPTERS 19.04 AND 19.48 OF THE MUNICIPAL CODE PERTAINING TO COMMUNITY PURPOSE FACILITIES The proposed Municipal Code amendments would allow private non-profit recreational facilities as a conditionally permitted use in the designated Community Purpose Facilities land use designation, amend the interim uses section to modify the criteria to allow interim uses, and establish a new definition of "community purpose facilities." (Director of Planning and Building) Staff recommendation: Council place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMEND1NG CHAPTERS 19.04 AND 19.48 OF THE CHULA VISTA MUNICIPAL CODE ITEMS PULLED FROM THE CONSENT CALENDAR Page 9 - Council Agenda 10/08/02 OTHER BUSINESS 22. CiTY MANAGER'S REPORTS A. Scheduling of meetings. 23. MAYOR'S REPORTS · Ratification of appointment of Manuel Soto to the Cultural Arts Commission. 24. COUNCIL 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 Clerk's office in accordance with the Ralph M. Brown Act (Government Code 5495 7. 7). 25. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case ADJOURNMENT to a Regular Meeting of October 22, 2002, at 6:00 p.m. in the Council Chambers (The meeting of October 15, 2002 has been cancelled) Page 10 - Council Agenda 10/08/02 CHLILA VIST SCHOOL FOR THE CREATIVE ANI) PERFORMING ARTS OFFICE: (619) 691-5775 FAX: (619) 427-5824 RON BOLLE5 - FACILITATOR E-mail: directoron @vahoo.qQm 820 FOURTH AVENUE CHULA VISTA, CA. 91911 September 12, 2002 The Honorable Hayor Shirley Horton and The Chula Vista City 276 Fourth Avenue Chula Vista, CA 91910 Council Dear Mayor gorton and City Council Members, What's more American than a parade down the city's main street? Near Veteran's Da~ on November 9, 2002, the City's namesake school, Chula Vista High School, is planning to once again sponsor it's annual Band Review. We are hoping that this may again take place on Broadway. This highly successful "All American" event has attracted up to 30 bands and their families from all over California as well as from throughout San Diego County. The Chula Vista High School Band has been rated one of the best bands in the state and acts as city ambassadors wherever they go to perform. They carry the City's banner proudly. This Band Review has also helped to show Chula Vista as one of the centers of the musical arts in Southern California! Last year, we considered ourselves extremely fortunate in having the Chula Vista Police Oepartment support the review by providing security, traffic and crowd control free of charge along the route of our musical contribution to the city. We are writing to request the generous donation of their help once again with this year's Review. The Review is funded solely by the host school band, and our funds are seriously limited. The presence of the police department has Greatly enhanced the smooth running of the event and we realize that their participation is required for it to even take place. Your consideration in the contribution of the police department's services would be greatly appreciated. If you need any further information or have any additional questions, please do not hesitate to call me, Mr. Zig ~anstul, Chula Vista High School ~and Director (427-7860). I am generally available to meet daily from 10:00 a.m. 12:30 p.m. Thank you for your consideration, Zig Kanstul Chula Vista High School Band Director SE? ] 6 2002 COUNCIL OFFICES CHULA VISTA, CA 2001 A CALIFORNIA STATE GOLDEN BELL AWARD WINNER 1983, 1989, 2001 A SAN DIEGO COUNTY BEST PRACTICES IN EDUCATION AWARD RECIPIENT 2000 Page 1, Item -~ Meeting Date: 10/08/02 COUNCIL AGENDA STATEMENT ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista, California, Acting in Its Capacity as the Legislative Body of Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap) Declaring the Results of a Special Election in Such Community Facilities District and in Improvement Area A and Improvement Area B thereof SUBMITTED BY: B) Ordinance of the City Council of the City of Chula Vista, Califomia, Acting as the Legislative Body of Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap) Authorizing the Levy of a Special Tax in Improvement Area A and Improvement Area B of such Community Facilities District REVIEWED BY: Director of Public Works City Manager (4/5ths Vote: Yes No X) On July 23, 2002 Council approved the Resolution of Intention to establish Community Facilities District No. 06-1 (CFD No. 06-I) and set the public hearing for September 10, 2002. On September 10, 2002 the City held the Public Hearing and considered the approval of two Resolutions; 1) to Form and Establish Community Facilities District No. 06-I(EastLake-Woods, Vistas and Land Swap) in which also the Resolution included text that amended the boundary map and 2) declaring necessity to incur Bonded Indebtedness for each Improvement Area. On September 17, 2002 a special election of eligible property owners was held at the City Attorney's office for the purpose of voting on the formation of the CFD No. 06-1. Tonight's action will continue the fore, al proceedings by (a), certifying the election results, and (b) placing on first reading the Ordinance authorizing the levy of special taxes within CFD No. 06-I. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council: Approve the Resolution declaring the results of a special election in such Community Facilities District and in Improvement Area A and Improvement Area B; Introduce the First Reading of the Ordinance, authorizing the levy of a special tax in Improvement Area A and Improvement Area B of such Community Facilities District. Page 2, Item Meeting Date: 10/08/02 DISCUSSION: Background As noted above, on September 10, 2002, the City Council held a public heating pertaining to the formation of CFD No. 06-I, the establishment of two Improvement Areas within CFD 06-I and the levy of special taxes within each Improvement Area and the necessity to incur a bonded indebtedness for each improvement Area. The City Council opened the Public Heating and no one spoke either for or against the formation of the District. The Public Heating was closed and Council approved the proceedings. The City Council adopted resolutions that approved an amended boundary map for CFD No. 06-I, made preliminary findings, passed upon the protests, approved the Special Tax Report, formed CFD No. 06-I and authorized the submittal to the qualified electors of within CFD No. 06-1 of ballot measures to authorize the levy of special taxes for each Improvement Area within CFD No. 06-I, authorize the issuance of bonds of CFD No. 06-I for each Improvement Area and establish an appropriations limit for CFD No. 06-I. The public hearing were held pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982" which allows for such CFD to be fbnned. On September 17, 2002, in the City Attorney's office, the City Clerk, acting as the election official, conducted a special election and the qualified electors of each Improvement Area, i.e., the owners of land within each Improvement Area, voted upon the measures to authorize the levy of special taxes on property within each hnprovement Area of CFD No. 06-I, to authorize the issuance of bonds of for each Improvement Area and to establish an appropriations limit for CFD No. 06-I. The City Clerk and the Special Tax Consultant presided over the proceedings, verified the eligible voters, signatures, and presented the election ballots. The results of the special election shows 100% of the votes were cast in favor of authorizing the levy of the proposed special tax in each Improvement Area, the issuance of the bonds secured by such special taxes within the Improvement Areas A and B and the establishment of an appropriations limit for CFD No. 06-I. There is no direct cost to the City. The expenses related to the district administration (including levying and collecting the special taxes) will be funded by the CFD No. 06-I. The ultimate security for the bonds are the properties located within the district, not the City's General Fund or its ability to tax property within its jurisdiction. CFD No. 06-1 has been formed in conformance with the "City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998. CFD No. 06-I is consistent with established Ordinances and Council Policies. In addition, staff has met with the developer and City Staff to discuss their concerns, clarify the intent of the policies and ordinances, and review the methodology for the apportionment of the special taxes, All of the issues raised by the developer have been discussed and solutions, satisfactory to all parties, have been incorporated in the "Rate and Method of Apportionment" (RMA) for each Improvement Area. Page 3, Item Meeting Date: 10/08/02 District Boundaries Exhibit I presents the amended boundaries of the proposed CFD No. 06-I, which includes parcels located within EastLake's Woods (394 gross acres), Vistas (343 gross acres), and "Land Swap" (143 gross acres) owned by either The EastLake Company, LLC or a memhant builder. The Woods and Vistas will comprise improvement Area A and the "Land Swap" will comprise Improvement Area B. The Boundary Map was amended to correct a minor parcel adjustment shown in the boundary for the "Land Swap" area. A copy of the amended Boundary Map is on file at the City Clerk's office and is available for review. The Woods area is bound to the south by Otay Lakes Road with Hunte Parkway meandering northward alinost bisecting the area. The Vistas is bound by Otay Lakes Road to the north, Olympic Parkway to the south and Wueste Road to the east. The "Land Swap" is actually two non-adjacent areas; 1 ) is the northernmost area being a triangular shaped set of parcels west of EastLake Parkway and bound by Otay Lakes Road to the north, and 2) the southernmost area is bound to the south by Olympic Parkway with EastLake Parkway projecting north just west of the center of the area. At buildout, Improvement Area A (Vistas and Woods) will consist of 1,597 single-family detached residential units, 111 single-Family attached units, 300 multifamily units, a 10 acre commercial site and a 19 acre proposed hotel site. The Woods development area will consist of 663 single-family residential lots. The Vistas will be comprised of 934 single-family residential lots, 111 single-family attached lots, 300 multifamily apartment units, one 10 acre commercial lot, and one 19 acre hotel lot. Scveral merchant builders have purchased subdivision tracts within the Woods and Vistas. In the Woods the tbIlowing developers have proposed the following: Colrich with 77 units, Continental with 73 units, Cornerstone with 255 units and the remaining lots are currently owned by EastLake. In the Vistas the following developers have proposed the following: Davidson with 116 units, RWR with 82 units, Fieldstone with 93 units, William Lyons with 162 units, Western Pacific with 111, Cornerstone xvith 168 units and EastLake owns the remaining lots. At buildout, for Improvement Area B ("Land S~vap") there will be 705 single-family mixture of detached and attached residential units, along with two commercial sites totaling 64 acres. These properties are all currently owned by The Eastlake Company, LLC. The Improvements On September 10, 2002 Council approved the Special Tax Report, which includes a "Rate and Method of Apportionment" for Improvement Area A and Improvement Area B all of which are on file at the City Clerk's office for review. The master developer (The Eastlake Company, LLC) intends to sell only the bonds for Improvement Area A at this time. The bonds for Improvement Area B will be sold at a later date possibly in early 2003, given certain City of Chula Vista threshold requirements and other facilities constraints. Page 4, Item ,3 Meeting Date: 10/08/02 Estimates show that the maximum tax revenue (using the proposed special taxes) from all the properties within only Improvement Area A would support a total bond indebtedness of approximately $39 million (assuming a 6.5% interest rate and a 30-year term on the bonds). A bond sale amount of $39 million will finance approximately $3I million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc). The balance of the proceeds of the bonds proposed to be issued for Improvement Area A would provide for a reserve fund, capitalized interest and pay district formation and bond issuance costs. The estimated maximum tax revenue (using the proposed taxes) from all properties within only Improvement Area B would support a total bond indebtedness of approximately $11 million (assuming a 6.5 % interest rate and a 30 year term on the bonds). A bond sale amount orS11 will finance approximately $8.7 million in facilities (similar to the Improvement Area A) with the balance of such bond proceeds providing capitalized interest on such bonds and a separate reserve fund paying bond issuance costs. The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities) and public facilities DIF improvements. Following is a general description of the proposed facilities, but not limited to: · E. Olympic Parkway · W. Olympic Parkway · Otay Lakes Road · EastLake Parkway · Hunte Parkway · Proctor Valley Road · Telegraph Canyon Road · Traffic Signals In addition to the above facilities, this CFD's bonding capacity may be used for the "Traffic Enhancement Program" within the greater eastern territories of Chula Vista. These transportation facilities will provide additional traffic capacity and could include the following projects: Telegraph Canyon Road East of 1-805 Telegraph Canyon Road / 1 805 On Ramp hnprovements As noted above, it is estimated that only $39.7 million may is available to finance facilities for this district. A final priority list and cost estimates for each of the eligible improvements for CFD No. 06- I financing by Improvement Areas A and B will be brought later to Council in conjunction with the Acquisition/Financing Agreement and other bond documents. The City may, in its sole discretion, elect to authorize and make the proceeds of any subsequent series of bonds available to pay the cost of construction or the pumhase price for the acquisition of Improvements for Transportation Facilities. This could result in the revision of the facilities priority Page 5, Item ~'~ Meeting Date: 10/08/02 structure for the utilization of such bond proceeds. Ultimately, as subdivision exactions, the developer will finance required improvements that this CFD district cmmot finance. In addition, the proposed CFD lies within the City of Chula Vista's Development Impact Fee (DIF) benefit area that places a cap on the CFD's ability to finance certain improvements. Staff'and the consultant team are working with the developer to achieve a balance between DIF and non-DIF improvements within the district. The actual amount to be financed by each of the Improvement Areas within CFD No. 06-I would depend upon a number of Pactors including final interest rates on the bonds and the value to lien ratio and may be higher or less than the potential bond costs mentioned above. The Resolutions/Ordinance There is one Resolution and one Ordinance on today's agenda, which, if adopted, will accomplish the following: A) RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR Community Facilities District No 06-1 (EastLake-Woods, Vistas and Land Swap) within each Improvement Area and perform the following: · Certify the election results B) The ORDINANCE is the first reading of an Ordinance by the City Council acting as the legislative body of CFD No. 06-I authorizing the levy o fa special tax in Improvement Area A and B of such CFD. Notice The property owners within the district were notified of the election and voting procedures and the election took place on September 17, 2002 in the City Attorney's office. The summary of the Ordinance has been prepared by the City Clerk and will be published in an adjudicated newspaper of general circulation between the first and second reading of the Ordinances for CFD No. 06-I. Future Actions On October 15, 2002 the City Clerk shall place the second reading on the City Council's agenda and upon approval the City Clerk will then cause the publication of a summary of the Ordinance in an adjudicated newspaper of general circulation. In late October or early November 2002, the City Council will consider the formal actions approving the necessary bond documents pertaining to CFD No. 06-I. These documents will be the Acquisition and Financing Agreement, Preliminary Official Statement, Bond Indenture, Market Absorption Analysis, Appraisal, and other pertinent documents related to the bond sale. Page 6, Item Meeting Date: 10/08/02 FISCAL IMPACT: There will be no direct fiscal impact to the City. The developer will pay all formation costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for stafftime involved in district formation and administration activities. Staffanticipates that most of the CFD No. 06-I administration will be contracted out. The CFD administration cost is estimated at $75,000 annually. In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (1%) of the total bond authorization. Said requirement will be memorialized in the Acquisition/Financing Agreement that will be brought to Council at a later date. Based on a series of bond sales, in a total aggregate amount of $50 million (hnprovement Area A - $39 million and Improvement Area B - $11 million), said monetary compensation would be $390,000 for Improvement Area A and $110,000 for Improvement Area B. Said amount shall be paid prior to each individual bond sale and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD No. 06-1. Attachments: Exhibit 1: Recorded Amended Boundary Map for CFD No. 06-1 J [ nginecr\AGENDA\CAS 10-8-02 doc Q ~ ~ ~ I'&) 4L cQ. '( <0 o . o Z. 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Z w· Oa.~;n Z<{w« <{3:>w ....J (/) 0 a: g:« ~ a. « z 3ø>7 RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO, 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT AND IN IMPROVEMENT AREA A AND IMPROVEMENT AREA B THEREOF WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to create and did establish a Community Facilities District and to designate two separate improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2,5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article Xl of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"), This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO, 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the improvement areas shall be designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B; and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of each improvement area of the District a proposition relating to the levy of special taxes within such improvement area and the issuance of bonds to be secured by the levy of special taxes within such improvement area and a separate proposition relating to the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3' s vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO, 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1, The above recitals are all true and correct. SECTION 2, This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City 1 '3,g Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit" A" , referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provIsIons of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt Director of Public Works JO~K~ ~ City Attorney J:\Attorney\reso\CFD 06-1 Declar Election Results, lO-8-02.doc 2 3~C¡ EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO, 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) SPECIAL ELECTION in said City, held September 17,2002, I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. Improvement Area A 1. VOTES CAST ON PROPOSITION A: YES 737 NO -ð 2, VOTES CAST ON PROPOSITION B: YES 73'1 NO .fr- Improvement Area B 3, VOTES CAST ON PROPOSITION C: YES ¡if?;, NO .e- 4, VOTES CAST ON PROPOSITION D: YES III 3 NO -B- 3 3-/0 Improvement Areas A & B 5, VOTES CAST ON PROPOSITION E: YES NO g~o .ø- WITNESS my hand this 3,..d day of '&c;Ir;fau. ,2002, J J(WIlL oJ,. CITY CLERK --¡- ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 4 3- / I ORDINANCE NO, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of separate special taxes in separate improvement areas of a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2,5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constimtion of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"), This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO, 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the improvement areas therein are designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B (individually, an "Improvement Area" and collectively, the "Improvement Areas"), The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No, 06-1 (EastLake - Woods, Vistas and Land Swap), does hereby ordain as follows: SECTION I, This City Council does, by the passage of this ordinance, authorize (a) the levy of special taxes on taxable properties located in Improvement Area A pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Improvement Area A Rate and Method") and (b) the levy of special taxes on taxable properties located in Improvement Area B pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Area B Rate and Method"), SECTION 2, This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within Improvement Area A and Improvement Area B for the then current tax year or future tax years; provided, however, the special tax to be levied in Improvement Area A shall not exceed the maximum special tax authorized to be levied pursuant to the Improvement Area A Rate and I g- /:J- Method and the special tax to be levied in Improvement Area B shall not exceed the maximum special tax authorized to be levied pursuant to the Improvement Area B Rate and Method, SECTION 3, The special taxes herein authorized to be levied within the Improvement Areas, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations, SECTION 4, The special taxes authorized to be levied in each Improvement Area shall be secured by the lien imposed pursuant to Sections 3114,5 and 3115,5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax, The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330,5 of said Government Code, SECTION 5, This Ordinance shall be effective thirty (30) days after its adoption, Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933, Presented by Approved as to form by John p, Lippitt Director of Public Works ~ ìÎlLt<h'h.e ~~ John M, Kaheny , City Attorney J :/attorney/ord/CFD 06-1 3-/3 2 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-1 IMPROVEMENT AREA B (EastLake - "Land Swap") A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No, 06-1, Improvement Area B ("Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount detennined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below, All of the Taxable Property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided, A. DEFINITIONS The tenns hereinafter set forth have the following meaning: "Acre or Acreage" means the land area ofan Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be detennined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2,5, Division 2 of Title 5 of the Government Code of the State ofCalifomia. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area B including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any, Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I for any other administrative purposes of Improvement Area B, including, but not limited to City of Chu/a Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap 3-/'1 Page I attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. 1 .a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C. 1.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or mom series, issued by CFD-06-I for Improvement Area B under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1st in the following year. Unless defined differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD-06-1 means City of Chula Vista, Community Facilities District No. 06-I. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. City of Chula Vista ( ommunit)' Facdilie.~ District No. 06-l, lmprovement Area B /2~ /~ EastLake - Land Swap "~ ~'~'~ Page 2 "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Assigned Tax due to its classification as either Public Property, Property Owner Association Property Community Purpose Facility Property, Public or public utility easements. "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B" means Improvement Area B of CFD No. 06-I known as the "Land Swap". "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum atmual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the Indenture. "Property Owner Association Property" means any property within the boundaries of Improvement Area B owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for all City of Chula Vista Community Facilities District No. O6-l, lmprow, ment Area B Ea~tLake - Land Swap Page 3 Assessors' Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Pamels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of Improvement Area B that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building pernfit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the ammal special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for Improvement Area B to: (i) pay am~ual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-I provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property and for Improvement Area B; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD-06-1, Improvement Area B that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. city of Chula Vista EastLake - Land Swap Page 4 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within, Improvement Area B shall be classified a Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned SpeciaITax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE1 Assigned Annual Special Tax for Developed Property Land Use Class Description Assigned Annual Special Tax 1 Residential Property $0.74 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre b. Backup Special Tax When a Final Subdivision Map is recorded within Improvement Area B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: $11,501 xA L The terms above have the following meanings: Ci~ of Chula Vista Community Facilities District No. 06-1, Improvement Area B ~ .~ / ~ EavtLake Land Swap Page 5 B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as CorrLmercial Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $11,50l by the total Acreage of each Assessor's Parcels of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified, as Undeveloped Property shall be $11,501 per acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application Citv °f Chula l/ista ¢.,, / (~ Commu fir? Fac lities District No. 06-1, Improvement Area B EastLake Land Swap Page 6 of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no cimumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS The CFD Administrator shall classify the following Assessor Parcel(s) as exempt property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property to less than 88.70 acres. Assessor's Parcels which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 88.70 acres will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which cannot be classified as exempt property as described in paragraph 1 of Section F shall be prepaid in full by the seller pursuant to Section 1.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may City of Chula Vista Co,nmunity Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 7 file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means either $12.3 million in 2004 dollars, which shall increase by the Construction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program for CFD No. 06-I Improvement Area A, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Ci(v of Chula ~'ista Community Facilities District No. O6-l, Improvement Area B ~ ~ ~ E~zstLake - Land Swap Page 8 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction fund or funded by the Outstanding Bonds as defined below, minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, and minus public facilities costs paid directly with Special Taxes. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Am~ual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. Th~ Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: City of Chula Vista CommunityFacilitiesDistrictNo. O6-l, lmprovementAreaB ~- ~ EastLake - Land Swap Page 9 10. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been paid to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Afssessor's Parcel. For Assessor's Pamels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Pamel using the Maximum Annual Special Tax for Undeveloped Property. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption AmounF'). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses")) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. Cio~ ~]'Chula I/ista EastLake - Lamt Swap Page 10 11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraphs 10 (the "Defeasance Amount"). 12. Determine the administrative fees and expenses of CFD-06-I, applicable prepayment totals, including the costs of computation of the prepayment, the costs of invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses". 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 11, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 11, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 44) 12 shall be retained by CFD-06-1. The amount computed pursuant to paragraph 5 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. City of Chula Vista Uommunity Facilities District No. O61,1mprovement Area B ~ ~ ~ ¢ EastLake - Land Swap Page 11 Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP - (PF, X F) + A These terms have the following meaning: PP - the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Administrative Expenses and Fees determined pursuant to Step 12. F - the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Administrative Expenses and Fees determined pursuant to Step 12. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee ~'or providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H.1, and (ii) indicate in the records of CFD-06-I, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. City of Chula Vista Community Facilities District No. 06-1, Improvement ,~rea B 3-~ ~5 EastLake - Land Swap Page 12 1. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2004-2005 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2044-2045 Fiscal Year. CiO, of Chula l~ista Community Facilities District No. 06-1, Improvement Area B ~ ~' ~ EastLake - Land Swap Page 13 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-1 IMPROVEMENT AREA A (Eastlake - Woods and Vistas) Property within the City of Chula Vista Community Facilities District No. 06-I, Improvement Area A ("Improvement Area A") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area A, unless exempted by law or by the provisions hereof, A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the land area. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area A including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I, or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I, or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I, for any other administrative purposes of Improvement Area A, including, but not limited to attorney's fees and other costs related to conunencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Chula Vista Community Facilities District No. 06~1. Improvement Area A 3' ~ ? Eastlake Woods and Vistas Page 1 "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. 1 .a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax means the Special Tax amount set forth in Section C.I .b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued or incurred by CFD-06-I for Improvement Area A under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1st in the following year, unless defined otherwise in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD-06-I" means City of Chula Vista Community Facilities District No. 06-I. "City" means the City of Chala Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property and Hotel Property. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. "County" means the County of San Diego. Ci? of Chula Vista Community Facilities District No. 06-1, Improvement Area A 3 ~ ~ Eastlake - Woo& and Vistas Page 2 "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Assigned Tax due to its classification as either Public Property, Property Owner Association Property, Community Purpose Facility Property, public or utility easements "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Hotel Property" means any Assessor's Parcel(s) of Commercial Property within the boundaries of CFD 06-I entitled or otherwise designated by the City to be used as a Hotel site. "Hotel" means a building or group of buildings comprising six or more individual sleeping or living milts without kitchens, except as otherwise provided herein, for the accommodation of transient guests. "Improvement Area A" means Improvement Area A of CFD No. 06-I known as the Woods and Vistas. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped 'Property in Improvement Area A. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" means all Bonds, which remain outstanding as defined in the Indenture. CiO, of Chula Vista Eastlake Woo& and Vistas Page 3 "Property Owner Association Property" means any property within the boundaries of Improvement Area A owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for all Assessors' Pamels of Developed Property within Improvement Area A. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area A. "Public Property" means any property within the boundaries of Improvement Area A that is owned by or dedicated to the federal govermnent, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area go~ a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that anmunt of Special Tax revenue required in any Fiscal Year for Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property and for Improvement Area A; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area A that are not exempt from the Special Tax pursuant to law or Section E below. City of Chula IZista Community Facilities District No. 06-1, Improvement Area A ~ ~ ~ 0 Eastlake Woods and ~/istas Page 4 "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. "Zone 1" means a specific geographic location known as the Vistas development area as depicted in Exhibit A attached herein. "Zone 2" means a specific geographic location known as the Woods development area as depicted in Exhibit A attached herein. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessors' Parcels of Taxable Property within Improvement Area A shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Developed Property shall be assigned to Zone l or Zone 2 and shall be further classified as Residential Property, Commercial Property or Hotel Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property, Commemial Property or Hotel Property shall be the greater of (1) the Assigned Special Tax described in Tables 1 and 2 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned SpeciaITax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Tables 1 and 2. TABLE I Zone 1 (Vistas) Assigned Annual Special Tax for Developed Property Land Use Class Description Assigned Annual Special Tax 1 Residential Property $0.58 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre 3 Hotel Property $6,000 per Acre City' of Chula Vista Corem niOi Facil¥'e~ D'st ~ie! No. 06-1, Improvement Area A ~.~ "~.~[ Eastlake Woo& and Vistas Page 5 TABLE 2 Zone 2 (Woods) Assigned Annual Special Tax for Developed Property Land Use Class Description Maximum Annual Special Tax 1 Residential Property $0.67 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre b. Backup Special Tax When a Final Subdivision Map is recorded within Zone 1 and 2 of Improvement Area A the Backup Special Tax for Assessor's Parcels of classified as Residential Property, Commercial Property or Hotel Property shall be determined as follows: For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone l(Vistas) $11,037xA L Zone 2(Woods) $8,332 x A L The terms above have the following meanings: B Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of Commercial Property or Hotel Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property or Hotel Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $11,037 for Zone 1 and $8,332 for Zone 2 by the total Acreage of each Assessor's parcels of the Commercial or Hotel Property City of Chula Vista Eastlake Woods anti Vistas Page 6 and Undeveloped Property to be classified as Cornmemial Property or Hotel Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property, Hotel Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be $11,037 per acre for Zone 1 and $8,332 per acre for Zone 2. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zones 1 or 2 at a rate up to 100% of the applicable Assigned SpeciaI Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as C/t), of Chula Vista Com,~unity Fac,l,t,es District No. 06-I, ,mprovement Area A ~- ~ ~ Eastlake Woods and Vistas Page 7 a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS The CFD Administrator shall classify the following Assessor Parcel(s) as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property within Zone 1 (Vistas) to less than 180.03 Acres and within Zone 2 (Woods) to less than 166.23 acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than for Zone 1 (Vistas) 180.03 acres and Zone 2 (Woods) 166.23 acres will be classified as Undeveloped Property and shall be taxed as such. Tax exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which cannot be classified as Exempt Property as described in paragraph 1 of Section E shall be prepaid in full by the seller pursuant to Section H. l, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. if following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. CityofChula Vista 3¢ Community Facilities District No. 06-1, Improvement Area A ~ - Eastlake - Woods and Vistas Page 8 G. MANNEROF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the ten'ns and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means either $34.5 million in 2002 dollars, which shall increase by the Construction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program for CFD No. 06-I Improvement Area A, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction fund, or funded by the Outstanding Bonds as defined below, minus public facility costs funded by interest earnings on the Construction Fund actually eamed prior to the date of prepayment, and minus public facilities costs paid directly with Special Taxes. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. CiO/ofChula Vista ~ l~,~ Eastlake Woods and Vistas Page 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Pamel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of Prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Pamel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount shall be calculated as summarized below (capitalized terms as defined below): Total: Bond Redemption Amount plus plus plus plus less less equals Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit, issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area A excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. city qf Chula Vista CommunityFacilitiesDistrictNo. 064, lmprovementAreaA 2-- ~ ¢ Eastlake - Woods and Vistas Page 10 10. 11. 12. 13. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). If all the Bonds authorized to be issued for Improvement Areas A have not been issued, compute the Future Facilities Costs. Multiply the quotient computed pursuant to paragraph 2 by the amount if any, determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'). Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 8 10 (the "Defeasance Amount"). Determine the administrative fees and expenses of CFD-06-I, applicable prepayment totals, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the cost of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses") The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the Cin, of Chula Vista community Facilities District No. 06-1, lmprovement Area A 3 Eastlake Woo& and Vistas Page prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 11, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 11, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 12 shall be retained by CFD-06. The amount computed pursuant to paragraph 5 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area A both prior to and alter the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued City of Chula Vista ~mmunity Facilities District No. O6-1, lmprovement Area A ~ - ~ ~ Eastlake Woods and Vistas Page 12 may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP = (P~ x F) + A These terms have the following meaning: PP - the partial prepayment PE ---- the Prepayment Amount calculated according to Section H. I, minus Administrative Expenses and Fees determined pursuant to Step 12. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A-- the Administrative Expenses and Fees determined pursuant to Step 12. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H.1, and (ii) indicate in the records of CFD-06-I that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2042-2043 Fiscal Year. City oJ~Chula l/ista ~ ~ Community Facilities District No. 06-L Improvement Area A ~ ~ Eastlake - Woods and Vistas Page 13 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10/8/02 ITEM TITLE: Resolution Approving the Final "B" Maps of Chula Vista Tract No. 98-06A, Otay Ranch, Village One West South, Neighborhoods R- 54, R-55, R-57B, R-59B, R-56 Unit 2, and R-58 Unit 2. Accepting on behalf of the City of Chula Vista, The Assignable and Irrevocable General Utility and Access Easements, and Wall Easements granted on said Maps within said Subdivisions, approving the Subdivision Improvement Agreements for the completion of improvements required by said subdivision, and authorizing the Mayor to execute said agreements. Resolution Approving the "B" Map Supplemental Subdivision Improvement Agreements for Otay Ranch Village One West South, Neighborhoods R-54, R-55, R-57B, R-59B, R-56 Unit 2, and R-58 Unit 2, Portion of Village One West South, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2001-119 and authorizing the Mayor to execute said Agreements. SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager b~, (4/Sths Vote: Yes No X ) On April 24, 2001, by Resolution No. 2001-119, the City Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06A, Otay Ranch, SPA One, Village One West South. On October 5, 2001 by Resolution No. 2001-319, the Council approved Village One West South "A' Map No. 1. On August 27, 2002 by Resolution No. 2002-352, the Council approved six "B" maps within Village One West South. The Council will consider the approval of six additional Final "B" Maps within Village One West South, and six "B" map Supplemental Subdivision Improvement Agreements. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Maps & Subdivision Improvement Agreements. 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located south of East Palomar Street and west of Heritage Rd. within the area of Otay Ranch SPA One designated as Otay Ranch Village One West South. The "B" maps consist of 353 numbered lots and 60 lettered lots with a total area of 85.824 acres (see Exhibits 1, 2, 3, 4, 5, & 6). Page 2, Item __ Meeting Date 10/8/02 The final maps have been reviewed by the Public Works Department and found to be in substantial conformance with the approved Tentative Map. Approval of the maps constitutes acceptance by the City of all assignable and irrevocable general utility and access easements, and all wall easements within the Subdivision as shown on the maps. The developer has executed "B" Map Supplemental Subdivision Improvement Agreements, which addresses several on-going conditions of the tentative map that remain in effect until individual lots are purchased or conveyed to the homeowners or the homeowners association. The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval of the "A" Map for Village One West South. The Developer has bonded for and agrees to complete all street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. These maps have a preserve conveyance obligation which is met through a conveyance of open space land and the Conveyance Settlement Agreement approved on August 27, 2002 by Resolution No. 2002-343. ENVIRONMENTAL: The City's Environmental Review Coordinator has reviewed the Final Maps and has determined that they are consistent with the SPA One Final EIR 95-01, the SPA One Plan Final EIR 97-03, and other related environmental documents. The Final Maps will not result in any new environmental effects that were not previously identified, nor would the Final Maps result in a substantial increase in severity in any impacts previously identified. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "B" Maps and agreements. Attachments: Exhibit 1: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South, Neighborhoods R-57B Exhibit 2: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South, Neighborhood R-59B Exhibit 3: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South, Neighborhood R-56 Unit 2 Exhibit 4: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South, Neighborhood R-58 Unit 2 Exhibit 5: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South, Neighborhood R-55 Exhibit 6: Plat - Chula Vista Tract 98-06A, Otay Ranch, Village One West South, Neighborhood R-54 Exhibit 7: Developer's Disclosure Statement Attachment A: Supplemental Subdivision Improvement Agreements Attachment B: Subdivision Improvement Agreements RT File No. 0600-80- OR 320F, OR 323F, OR 326F, OR327F, OR328F, and OR329F J :\Engineer\LANDDEV\Projects\OTAYRNCH\Village One West\ORVIWSA ! 13R-55.R-56U2~57B-58U2-59B.DOC ITl I OS SBIUIDOSS~ ~ ~USNRH ~EP-lJ-2002 iB:39 HUNSAKER ~ ASSOCIATES SD 858 558 4500 P.02/03 X £0 3~ Wo~±$~Nn9 BI6§I~BBIB ~E:60 ~__ .8~./~4,.'2002 09:31 619641B910 LUNDSTROM PAGE 02 C o3>Z m THE CITY OF CHULA VISTA DISCLOSURE STATEIVIENT Pursuant to Council Poli~y 101-0l, prior to any action upon mat~ers which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contrthutions for a City of Chula Vista election must be filed. The following information must be disclosed: List thc names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. O~av Proqe~t L.Pe If any person* identified pursuant to (1) above is a corporation or partnar~hip, list the names of all individuals wifia a $1000 invesnnent in the business (corporation/parmership) entity. Jim B ald~ln A1 Baldvin If any person* identified pursuant to (1) above is a non-profit orgs-;~'a~ion or trust, list the names of any person ~erving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter? Jim Baldwin A1 Baldwin Kim Kilkenny Ranie Hunter Chuck Cater Has afiy person* associated with this contract had any financial dealings with aa official** of the City of Chula Vista as it relates to ~ contract within the past 12 months. Yes' No .y If Yes, briefly describe the nature of the financial interest the offlciaP;* may have in ',his contract? Have you made a contribution of more than $250 within thc past twelve (12) months to a current member of the. Chula Vista City Council? No X.~ Yes -- If yes, which Council member?. Have you or any member of your governing board (Lo. Corporate Board of Directors/Executives, non-profit Board of Dixe. ctors made con~ibutiom totaling more than $1,000 over the pa~. four (4) yeats ~o a current member ofth~ Chun Vista City Council? Yes No X If Yes, which Council member? Have you providexl more than $300 (or an item of equivalent value) to an official**'of the City of Chub VLe~ in thc past twelve (12) months? (This includes b~ing a source of {ncomc, money to retlro a legal d~bt, gift, loan, otc.) No X If Y~, which official** and what was the hatur¢ of item provided? Date:. Print or typo name of,Contraotor/Applicauc- Porson is d~fm~d as: any individual, firm, co~armcahip, joi~t venture, association, social club, fi'arch:Uti org~,i:~*tion, con, oration, e~ta~. ~st, r~c~iwr, syndical, my other =ounty, city, manidpality, district, or oth~' politic, al subdivision, .-or any other group or combination acting as a unit. Official inclut~, but is no~ limited to: Mayor. Couucil member, Plannin~ Commissiouer, M~mbcr of a board, commission. or commit~c~ iff the City, ~mploy~, or staff members. H:'~IOM~'~NG~XADM1NXCONTIIACT~S'I'3.~200.23 (Boil~ Mi,,) RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA TRACT NO.98-06A, OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R-54, R-55, R-57B, R-59B, R-56 Unit 2, and R-58 Unit 2. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06A OT A Y RANCH, SPA ONE, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-54, and more particularly described as follows: Lot 6 and "C" according to map thereof No. 14278, Chula Vista Tract No. 98- 06A Otay Ranch, Village One West South "A" Map No. 1 in the CityofChula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on October 5, 2001. Area: 6.356 Acres Numbered Lots: 37 Open Space Lots: 0.624 Acres No. of Lots: 46 Lettered Lots: 9 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and the sixty-two (62) foot wide general utility and access easements within over and around Lots "B and C" for installation of public utilities, noting that use of said general utility and general access easements by others is subj ect to written permission and issuance of an Encroachment Permit trom the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City ofChula Vista as herein above stated. 1 4 -/1 BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06A OTAY RANCH, SPA ONE, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-55, and more particularly described as follows: Lots 1 and 7 according to map thereof No. 14278, Chula Vista Tract No. 98- 06A Otay Ranch, Village One West South "A" Map No.1 in the City ofChula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on October 5, 2001. Area: 21.307 Acres Numbered Lots: 87 Open Space Lots: 0.294 Acres No. of Lots: 99 Lettered Lots: 12 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and the sixty-two (62) foot wide general utility and access easements within over and around Lots "I, J, K and L" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City ofChula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk ofthe City ofChula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06A OTA Y RANCH, SPA ONE, 2 L(-J Z VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-56 Unit 2, and more particularly described as follows: A portion of Lot 2 according to map thereof No. 14278, Chula Vista Tract No. 98-06A Otay Ranch, Village One West South "A" Map No. I in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on October 5, 2001. Area: 7.521 Acres Numbered Lots: 47 Open Space Lots: 0.174 Acres No. of Lots: 58 Lettered Lots: 11 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and the sixty-two (62) foot wide general utility and access easements within over and around Lots "Q, R, and U" for installation of public utilities, noting that use of said general utility and general access easements by others is subj ect to written permission and issuance of an Encroachment Permit from the City ofChula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk ofthe Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06A OT A Y RANCH, SPA ONE, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-57B, and more particularly described as follows: A portion of Lot 3, and a portion oflot 4 according to map thereof No. 14278, Chula Vista Tract No. 98-06A Otay Ranch, Village One West South "A" Map No. I in the City of Chula Vista, County of San Diego, State of California, filed in the office ofthe County Recorder of San Diego County on October 5, 2001. 3 Lf-/3 Area: 25.671 Acres Numbered Lots: 94 Open Space Lots: 0.297 Acres No. of Lots: 106 Lettered Lots: 12 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and the sixty-two (62) foot wide general utility and access easements within over and around Lots "B, C, and D" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit trom the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06A OTAY RANCH, SPA ONE, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-58 Unit 2, and more particularly described as follows: Lot A according to map thereof No. , Chula Vista Tract No. 98-06A Otay Ranch, Village One West South Neighborhood R-57B in the City of Chula Vista, County of San Diego, State of California, filed in the office ofthe County Recorder of San Diego County on October 5, 2001. Area: 12.654 Acres Numbered Lots: 48 Open Space Lots: 0.581 Acres No. of Lots: 58 Lettered Lots: 10 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. 4 4-)i.f BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and the sixty-two (62) foot wide general utility and access easements within and around Lots "0, Q, M, and N" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit ftom the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors ofthe County of San Diego. BE IT FURTHER RESOLVED that that cèrtain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 98-06A OT A Y RANCH, SPA ONE, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-59B, and more particularly describèd as follows: A portion of Lot 5 according to map thereof No. 14278, Chula Vista Tract No. 98-06A Otay Ranch, Village One West South "A" Map No. I in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on October 5,2001. Area: 12.315 Acres Numbered Lots: 40 Open Space Lots: 0.042 Acres No. of Lots: 46 Lettered Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and the sixty-two (62) foot wide general utility and access easements within and around Lots "B, C, and D" for installation of public utilities, noting that use of said general utility and general access easements by others is subj ect to written permission and issuance of an Encroachment Permit ftom the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for 5 4-/5" general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor ofthe City ofChula Vista is hereby authorized and directed to execute said Agreements on behalf of the City of Chula Vista. Presented by: Approved as to form by: John P. Lippitt Director of Public Works ~~WÞfl~ City Attorney J:/attorney/reso/FM R55 57B 59B 6 Lf-Ih THE A TT ACHED 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 f~ <:Îý}\. ~ John M. Kaheny City Attorney Dated: (0 - á.. ~ 0 ¿,.....-- SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-S4 4-/7 Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH I WEST-2, LLC, a Delaware limited liability company, 350 W. Ash Street, Suite 730, San Diego, CA 92101, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-54 (CVT 98-06A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an al ternati ve thereto, Subdi vider shall enter into an agreement with City, secured by an approved improvement -1- '-I-I't security to insure the performance of said work pursuant to the requirements of Title 18 qf the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-119, approved on the 24th day of April, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01058-01 through 01058-05 inclusive, on file in the office of the City Engineer; 'and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FOUR HUNDRED FIFTY THOUSAND FIVE HUNDRED THIRTY -EIGHT DOLLARS AND NO CENTS ($450,538.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- Ij-l'l plans and specifications, which documents have heretofore been filed in the Office of the city Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3 . It is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. will cause Improvement to be done approval of 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdi vider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED TWENTY-FIVE THOUSAND TWO HUNDRED SIXTY-NINE DOLLARS AND NO CENTS ($225,269.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- 1-20 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED TWENTY-FIVE THOUSAND TWO HUNDRED SIXTY-NINE DOLLARS AND NO CENTS ($225,269.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- L/- ZJ requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- Lf - 2- '2- change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- Lf-23 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-54 (CVT 98-06A) IN WITNESS agreement to be forth. WHEREOF, executed the parties hereto have caused this the day and year first hereinabove set W, ~~r..k I LJ<2-<'T-d...) t-LC '" Q\",,~~,,- \ì ",;.I.-""J \, ~",\.. t h(~Þ""(C<~-l ~O~~ ~KOJECT, L.r. ~~ ?f!4 ~~Ý1J~ Jld?~,)Mf THE CITY OF CHULA VISTA Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- if -2 tf CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 27, 2002 before me, C. Halper Name and Title of Officer (e.g.. n Jane Doe, Notary Public") personally appeared Ron Baldwin Name(s) of Signer(s) o personally known to me -OR- 19 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on e instrument the person(s), or the entity upon behalf of which e person(s) a ted, executed the instrument. )' ~ . . : . . . £ . . ê:HÀi.ÆR . . . . E ~ ~. .-" COMM, '1361951 m iii ... . Notary Publlc.col_ !!! ".. , SAN DIEGO COUNTY ~ ).~: ~ .. . ~y.C~~.~P:~.~~ f WITNESS my h ------------------------OPTlONAL--------------_________ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. , '. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer o Titles(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top ofThumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top ofThumb here Signer Is Representing: Signer Is Representing: 1./-25 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $225,269.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $225,269.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $7,500.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR VIWest South R-S4 -8- '-f~ 2~ THE A TT ACHED 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 ~ JYJ{ "~ ~ohn M. Kaheny , City Attorney Dated: (/J - 62 - () ~ SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE ONE WEST SOUTH NEIGHBORHOOD R-SS +-27 Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH I WEST-3, LLC, 350 W. Ash Street, Suite 730, San Diego, CA 92101, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-55 (CVT 98-06A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps òf subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall ent,,"r into an agreement with City, secured by an approved improvement -1- 4-2? , . security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-119, approved on the 24th day of April, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01074-01 through 01074-07 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION ONE HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED FORTY-TWO DOLLARS AND NO CENTS ($1,162,542.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own, expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- 4-21 , . ,. plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It will cause Improvement to be done approval of is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement securi ty shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED EIGHTY-ONE THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS AND NO CENTS ($581,271.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- Lf -30 t' 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED EIGHTY-ONE THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS AND NO CENTS ($581,271.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of NINE THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($9,880.00) (to secure the installation of monuments, which security is attached hereto, marked Exhibit "Cn and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work wi thin said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the· terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- tf -3 I ,. requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or propertY'occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement securi ty shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdi vision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- Lf -32- · . ,. change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents i-officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securi ties described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 4-33 · . ~ . SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGS ONE WEST SOUTH, NEIGHBORHOOD R-55 (CVT 98-06A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OThY rROJE~T, L.P. :t:¡¡;rç-~\~~ ~011 ~IL'i' V,u: fL(lS~dM~ Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- 'i -3'-/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On Ci{3D/ Dc?- before me, C. Halper Name and Title of Ofticer (e.g., "Jane Doe. Notary PUblic") personally appeared Ron Baldwin Name{s) of Signer(s) D personally known to me -OR- B proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ies), and that by his/her/their signature(s) on the instrume t .he person(s), or the entity upon behalf of which t erson( ) acted, executed the instrument. ) £.. .~.~.... . ~ê"H~P~~" .. ( ~ (t" COMM. .1381151 m iñ! . , . Notary PU, bllc.c.llfomla en W SAN DIEGO COUNTY :;: J. .. ~... ~.c.o~..~:J.U~'.~~ f ----------------OPTIONAL----------------------------_ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. , '. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Corporate Officer D Titles(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of Thumb here D Individual D Corporate Officer D Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top ofThumb here Signer Is Representing: Signer Is Representing: '--/-35" " LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $581,271. 00 Exhibit "B" Improvement Security - Material and Labor: Form: ·Bond Amount: $581,271.00 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $9,880.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR V1West South R-55 -8- If -3fo THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ifì~þ1 'ð{~ . Kaheny City Attorney Dated: / /) ~ ¿ - C! L { SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-S7B Lf-37 · Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHeLA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH FIVE, LLC (OAKWOOD), 270 NEWPORT CENTER DRIVE, SUITE 200, NEWPORT BEACH, CA 92626, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: . WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-57B (CVT 98-06A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an al ternati ve thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement -1- Lf-3% security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-119, approved on the 24th day of April, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01059-01 through 01059-08 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION SEVENTY-SEVEN THOUSAND ONE HUNDRED NINETY-THREE DOLLARS AND NO CENTS ($1,077,193.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- Lf-3C; plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3 . It is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. will cause Improvement to be done approval of 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for sàid buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures appro"ed by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of· said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED NINETY- SIX DOLLARS AND FIFTY CENTS ($538,596.50) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- Lf-'fo 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED NINETY- SIX DOLLARS AND FIFTY CENTS ($538,596.50) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the Ci ty of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVENTEEN THOUSAND DOLLARS AND NO CENTS ($17,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof~ 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work wi thin said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions -4- '1-'11 of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by Ci ty in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement securi ty shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -5- 4-1.{ 2. the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the' City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- Lj-Lf3 SIGNATURE PAGE SUBDIVISION .IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-57B (CVT 98-06A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OTAY RANCH FIVE, LLC (OAKWOOD) Mayor of the City of Chula Vista lia¿f M~iL c:::Y ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- LJ-IfL/ . - CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT g~~~~&'rQ:'&f',<:?(~-C<',ë('d'-<X'-<x?«~~~-Ç'(;'¢~~~Q~,c;,(;(,>^q&~..(,y<,,<,~~-<l..-<¿.ç(«<<~::G£...~~~ ~ State of California } ~ P ss. g ~ County of Orange ,~ ~ V (~I'~, ! ~""g~~ . Onsp-p'tpmhp..T ?nJ?OO? ,before me, N;('olp T "RP;, rh!":.t-p;n Nnt-;;aT~ Pl1hli(' ( Date Name and Title of Officer (e.g., "Jane Doe, Notary ubllc") I'~' personally appeared K R ry 1 p A K p 1 1 Y ~,',; ~. Name(s) ofSigner(s) \.! J ~ ~~~:~~al:~ k~~w~nt~h:e basis of satisfactory ~ AI evidence;; 8 ~ ~ to be the person~) whose name¡&) is/a.e ~ 8 NICOLE L. REICHSTEIN subscribed to the within instrument and ¡! i<i, @commiSSion#1331084%aCknOWledgedtomethat-flefShelthey executed 8 ~ ~i' Notaò:~:C~o~~~fomia ( the same in -Aielher/lllei< authorized Ii ~;"I' MyConm. Ex¡>i....Nov 19,2005¡ capacity(~ and that by Iti3/her/t~ ~ _.,... _ _ _ _ __ - - - - - - signature~ on the instrument the person~, or ;') "! the entity upon behalf of which the person¡&) ~ ~ acted, executed the instrument. Ii{ ~ f' ~ WITNESS my hand and official seal. ð ~ Q ~ PI"'N"'~S"'Ab",IM."""'~æ'Y~Avt:- ~~,: ~ - ~ OPTIONAL þ, (1 Though the information below is not required by law, it may prove valuable to persons relying on the document ~ ~ and could prevent fraudulent removal and reattachment of this form to another document. ~ æ ~ ~ Description of Attached Document ¡¡ ~ Title or Type of Docurnent ~ i' fi ~ I~ o ~ ~ Document Date: Number of Pages: 0" ~ Signer(s) Other Than Named Above: ~ ) Capacity(ies) Claimed by Signer ~ ~ Signer's Name: ¡Q 8 LJ Individual r~ «\ Top of thumb here ~,> g 0 Corporate Officer - Title(s): ~ t1, [J Partner - C Limited 0 General ~, ' D Attorney in Fact ) ~ LJ Trustee ~ (1 [-: Guardian or Conservator 9. ~ ¡:; Other: ~ ~ Signer Is Representing: ~ ~ 0 lliZ';z.x;-;o-.:;,?:<.<,_.{,,<-:,:,?~,(,;;xZ'(;(,'<'''(:'¿;{..-CZ;'C:(~'(';:z:,,<.::z'Z";z;Ô}c>,>('..z:-'G(.'t..'ò..';..<:~,<::(;:c...z:-'C'.z.'{'X'<.:··Z;(:<)6(..:--..cÄ>(,,<}c;z.'0;:;C~'-<'.{:'{'z-;c-<:,x::;z:.'(YJÒ}c<::;'c..(;,<:z;'-<'-0<:z>(~".B © 1999 Nalional Not~ry Association' 9350 De Soto Ave.. P.D. Box 2402' Chatsworth. CA 91313·2402' www.nationalnotary.org Prod. No. S9G? ReorderCatlToll-Free1·800-8?6-6827 '-/-i5 · ' LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $538,596.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $538,596.50 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $17,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR V1West South R-57B -8- Lf~Lf 6 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL æ~dY1I\~ ohn M, Kaheny City Attorney Dated: ( ð - ¿ - 02- SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE WEST SOUTH NEIGHBORHOOD R-S9B !-fAt] Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH 1 WEST-I, LLC, 3820 Valley Centre Drive, San Diego, CA 92130, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-59B (CVT 98-06A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement -1- '-I-'Ii' security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and . WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-119, approved on the 24th day of April, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01060-01 through 01060-09 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of EIGHT HUNDRED EIGHT THOUSAND EIGHT HUNDRED FIFTY-SIX DOLLARS AND NO CENTS ($808,856.00) NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- '-!--4q plans and specifications, which documents have, heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It will cause Improvement to be done approval of is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement securi ty shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR HUNDRED FOUR THOUSAND FOUR HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($404,428.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- '-I-50 7. Subdivider further agrees to furnish and deliver to the Ci ty of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FOUR HUNDRED FOUR THOUSAND FOUR HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($404,428.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work wi thin said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions -4- Lf - 5; of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering, costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by Ci ty in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdi vider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agr~ement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdi vision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of -5- Lf--62. the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of d1ainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securi ties described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6~ if --63 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-59B (CVT 98-06A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OTAY RANCH 1 WEST-I, LLC .~~~ Mayor of the City of Chula Vista ~ ~jl-, ATTEST ,z<!)(\ßétIJt,.{/'f'\ J¡tLepS:Je~i City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- '-I-~'f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 27, 2002 before me, C. Halper Name and Title of Officer (e.g., . Jane Doe. Notary Public") personally appeared Ron Baldwin Name(s) of Slgner(s) o personally known to me -OR- 19 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ies), and that by his/her/their signature(s) on t instrume t he person(s), or the entity upon behalf of which t e er on( ) act d, executed the instrument. ., . .. .. ....t . .....' ....... ) C HALPER ~..". COMM.#1361951 m ~, Notary Publtc-C.ltfomla 5e. '"~ . .. . SAN DIEGO COUNTY ... j". .""", ~.c~,~p:J~n.?~~~6. E ¡goa ra 0 Notary Public --------------------------OPTIONAL------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. - '. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer o Titles(s): o Partner" 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of Thumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of Thumb here Signer Is Representing: Signer Is Representing: '-I-55 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $404,428.00 Exhibit "B" Improvement Security - Material and Labor: Form: ,Bond Amount: $404,428.00 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $12,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR VIWest South R-59A -8- 4-·5{;, THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPRO V AL BY THE CITY COUNCIL f~9-~C~~" ohrí M. Kaheny City Attorney Dated: /0 - ~ -6 L- SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-S6 UNIT 2 Lf -57 , < , Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH FOUR, LLC, (OAKWOOD) 270 Newport Center Drive, Suite 200, Newport Beach, CA 92626, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-56 UNIT 2 (CVT 98- 06A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement -1- Lf -58 security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-119, approved on the 24th day of April, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submi t ted to the City Engineer, as shown on Drawings Nos. 01076-01 through 01076-09 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION EIGHTY-TWO THOUSAND SEVEN HUNDRED FOURTEEN DOLLARS AND NO CENTS ($1,082,714.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- Lf --59 plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. will cause Improvement to be done approval of 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement securi ty shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED FORTY-ONE THOUSAND THREE HUNDRED FIFTY-SEVEN DOLLARS AND NO CENTS ($541,357.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- '-I-Go 7. Subdivider further agrees to furnish and deliver to the Ci ty of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED FORTY-ONE THOUSAND THREE HUNDRED FIFTY-SEVEN DOLLARS AND NO CENTS ($541,357.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibi t "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of NINE THOUSAND SIX HUNDRED EIGHTY DOLLARS AND NO CENTS ($9,680.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed wi thin the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work wi thin said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- 4-0/ requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by Ci ty in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdi vider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdi vision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- if -b 2- change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securi ties described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 4--(03 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-56 UNIT 2 (CVT 98-06A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OTAY RANCH FOUR, LLC (OAKWOOD) Mayor of the City of Chula Vista .Kß-'þaJ{ ~ ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- L/-¿,Lj CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT r«Q?~&i'&i"£",,:<::c'f«~~£-e!x~~~~~~~~~«~Q::.~.çf'&,:(,~if~Æ'{:-Ä'&,,{;,&f:Œ..££«~~;~~«&'{'Q~ ~. State of California } ~',~ ~ ss. g ~ County of Orange ~ ~ g g On Septembe:-:te 26,2002 before me, Nico~a:'e ~~ TIt~~f~;C~r~e~9~~~: DO~~;~~~blic;ubliC ~ ~ personally appeared Karyle A. Kelly ~ ~ Name(s) of Signer(s} ;g g ~ personally known to me ~ ~ "-J proved to me on the basis of satisfactory ~ ~ evidence ~ ~ ~ (' to be the person(-s7 whose name~ is!ef<¡ ~ ~ NICOLE L. REICHSTEIN subscribed to the within instrument and ~ .~ ~ Commission'1331084 z acknowledged to me that ftelshe/#te;' executed §, ?'j ~. Notary Public ~ California ~ I' þj Zi Orange County 1 the same in ~her/~ authorized ~ ~ MyCon'm. ExpiI8SNov 19,2005¡ capacity(,ies), and that by ~er/tl'leif ~ ~,. - - - - - - - - - - - - signaturefej.on the instrument the person(-s7, or ~ ( the entity upon behalf of which the person€&1 ,e, ~ acted, executed the instrument. ~ ~ ~ ~1 WITNESS my hand and official seal. g I 1j.(~ it 'j tf..h .14:A-- ~~ >", Place Notary Seal Above Signature of Notary Publi ~ ~ ¡OPTIONAL 1j Though the information below is not required by law, it may prove valuable to persons relying on the document li þ, and could prevent fraudutent removat and reaffachment of Ihis form to another documenl ~ ,~ Description of Attached Document ~ ~ Title or Type of Document: 1j fJ rj B Docu ment Date " R :(1 Number of Pages: ~ ~ ~ ~ Signer(s) Other Than Named Above: ¡~ '0 Capacity(ies) Claimed by Signer ~ ~ Signer's Name: ~ ~ [] Individual T I h b hi,:: P1 lOP 0 t um ere ,I d rl Corporate Officer - Title(s): a ~I I] Partner -I] Limited [I General ~ ~8 [J Attorney in Fact Þ,' ' ~fu_ ~ ~ r-:! Guardian or Conservator ~ I: [] Other .~ I ~ fj Signer Is Representing ~ (<;v<'Ä/c.-' ;{'.<)'(''^.):CA..-'C< '0:X5.~'?:./V'C/:'i.c;c:>i'."Jj¡:'./>(;;-'v'0.'('_Á.)'C:;C~ ~x.."A.'(^,'C' <::-Á,<"'v'(X.-"(~V<'-"v'<>:" C?''v'''--'.z-'0'1_'..v~Y''-v'<'Á. <>,,-û(x:'ZX""Á. ;r...Aj"'-v<:'z.~.-(.,<y,~ © 1999 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402' Chatsworth, CA 91313·2402 . www_nationalnotaryorg Prod,No.5907 Reorder: Call Toll-Free 1-800·876-6827 Lj-fo5 · . .~ LIST OF EXHIBITS Exhibit "An Improvement Security - Faithful Performance Form: Bond Amount: $541,357.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $541,357,00 Exhibit "c" Improvement Security - Monuments: Form: Bond Amount: $9,680.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR V1West South R-56 UNIT 2 -8- '-/-00 THE A TT ACHED 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 ~ 9--þ1L¿;~ ~M, Kaheny City Attorney Dated: /0 - 2.. - {) 2- , SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-SB, UNIT 2 Lf-b 7 , Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH SIX, LLC (OAKWOOD), 270 Newport Center Drive, Suite 200, Newport Beach, CA 92626, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-58 UNIT 2 (CVT 98- 06A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement -1- if -?; ? security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subj ect to certain requirements and conditions, as contained in Resolution No. 2001-119, approved on the 24th day of April, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01075-01 through 01075-08 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION ONE HUNDRED THIRTEEN THOUSAND EIGHT HUNDRED FIFTY-SIX DOLLARS AND NO CENTS ($1,113,856.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the -2- Lf- 6q plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It will cause Improvement to be done approval of is expressly understood and agreed that Subdivider all necessary materials to be furnished and all Work required under the provisions of this contract on or before the second anniversary date of Council the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement securi ty shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that; in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED FIFTY-SIX THOUSAND NINE HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($556,928.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. -3- '1-70 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE HUNDRED FIFTY-SIX THOUSAND NINE HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($556,928.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibi t "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THIRTEEN THOUSAND FIVE HUNDERED SIXTY DOLLARS AND NO CENTS ($13,560.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed wi thin the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work wi thin said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the -4- Lf-7/ requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by Ci ty in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdi vider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement securi ty shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdi vision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, -5- Lf-7¿ change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described. herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- LI-73 SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE ONE WEST SOUTH, NEIGHBORHOOD R-58 UNIT 2 (CVT 98-06A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA OTAY RANCH SIX, LLC (OAKWOOD) i~~~ Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) -7- L/ - 7Lf LIST OF EXHIBITS Exhibit "An Improvement Security - Faithful Performance Form: Bond Amount: $556,928.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $556,928.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $13,560.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. J:\Attorney\SIA\OR VIWest South R-58 UNIT 1 -8- Lj"75 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~Œif.:&'.t-C<-d'~«&'C'Md'..c<'~Œ...:x.,ç<;~«-Ç'!.~~~Ç('.Q'.'Q;£:~«&~..ç:f~~~'«~":(&<:::,çf~-Œº~~&:-...:"~,º,~ ~..i.. State of California } ~.' ~ ss. g ~ County of Or""gø ~ ~ ~ ~ Q ~...,' On søprembe;,,, 26,2002 ' before me, Ni~o~e 1. 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Box 2402' Cha!swor!h, CA 91313-2402· www.na!ionalnolary.org Prod No 5907 ReorderCaIlTolI-Free1-S00-876-6827 Lf- 76 RESOLUTION NO.2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR OTAY RANCH VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R- 54, R-55, R-57B, R-59B, R-56 UNIT 2, AND R-58 UNIT 2, PORTION OF VILLAGE ONE WEST SOUTH, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-119 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the developer has executed "B" Map Supplemental Subdivision Improvement Agreements to satisfy several on-going conditions ofthe tentative map that remain in effect until individual lots are purchased or conveyed to the homeowners or the homeowners association. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the six "B" Map Supplemental Subdivision Improvement Agreements for Otay Ranch Village One West South, Neighborhoods R-54, R-55, R-57B, R-59B, R-56 Unit 2 and R-58 Unit 2, portion of Village One West South, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2001-119, copies of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute said Agreements on behalf of the City ofChula Vista. Presented by Approved as to fonn by ~~~ Jo . aheny City Attorney John P. Lippitt Director of Public Works J:/attorneylreso/ssia OR V I Units 55, 57, 59 4-77 THE A TT ACHED 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 ~~l}t<~ . Kaheny City Attorney Dated: (0 - L -0 2- SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL "B" MAPS OF NEIGHBORHOOD R-54 IN VILLAGE ONE WEST (SOUTH) SPA ONE OF THE OTAY RANCH PROJECT Lf --7<1 · ... RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) 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 of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) -) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-54 IN VILLAGE ONE WEST (SOUTH), SPA ONE OF THE OTA Y RANCH PROJECT (Conditions: 1,2,3,4,5,8,9,10, 11,35,36,37,58,86,88,89,102,103,104,109,114,115, 116,117,118,119,122,123, and 130 of Resolution No. 2001-119) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of October, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OTA Y PROJECT L.P., a California Limited Partnership, Otay Ranch I West-2, LLC, a Delaware limited liability company, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"), The Property is part of the Otay Ranch, Village One West, SPA One, a rnasterplanned development. For purposes of this Agreement the term "Project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R-54. B. Otay Project L.P. conveyed title to Neighborhood R-54 to Otay Ranch I West -2, LLC on August 9, 2002. C. Developer and/or Developer's predecessor in interest has applied for and the City has 1 i.I --7 c.¡ ï-- 1 · ,. approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06A ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-119 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, tenns and conditions herein contained to approve final map of the property known as Neighborhood R-54 as being in substantial confonnance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, tenns and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means each of the final maps for Neighborhood R-54 ofOtay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction pennit or other such approval has been obtained ITom the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: (i) Otay Project, L.P. (ii) Otay Ranch I West-2, LLC 5. "gnest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 19408 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended ITom time to time. 2 L(~20 · ,'. 8. "A Map Agreement" means the Supplemental Subdivision Improvement Agreementfor the Village One West South "A" Map No.1, map number thereof 14278, adopted by Resolution No. 2001-319 approved pursuant to Resolution No. 2001-320. 9. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions ofOtay Ranch Village One (CC&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further defined in said CC&R's. 11. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. -- 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, tenns and conditions herein contained, the parties agree as set forth below, 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes perfonnance of the obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer, 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. 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. City is deemed the beneficiary of such covenants for and in its 3 tf ~-f? / · ,~ 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 of such covenants running with the land have been provided 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 to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden òfthe Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion ofthe Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opiuion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: (i) The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; (ii) The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not j eopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such 4 Lf .~") -' ; ,~ 6- lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.1 - (General Preliminary) In partial satisfaction of Condition No.1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended ftom time to time, and shall remain in compliance with and implement the tenns, conditions and provisions of said documents. 4. Condition No.2 - (General Preliminary) In partial satisfaction of Condition No.2 of the Resolution, Developer hereby agrees to all of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". .. S. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer agrees that if any of the tenns, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived ftom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 6. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless ftom and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 - (General Preliminary). In partial satisfaction of Condition No.5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval, 8. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10, and 11 of the Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to 5 Lf~f'3 change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear ofliens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition No.9 - (CEQA). In partial satisfaction of Condition No.9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final EIR 95-01, SPA One Final EIR 97-03, and the accompanying the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Programs. All mitigation measures shall be implemented to the satisfaction of the Environmental Review Coordinator. 10. Condition No. 35. (Transit Facilities). In partial satisfaction of Condition No.35 of the Resolution, the developer agrees to: a. Install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works, The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 11. Condition No. 36 (Street Trees). In partial satisfaction of Condition No.36 of the Resolution: 6 Lf-2i a. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the fina1 selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. 12. Condition No. 37 - (ADA Standards). In satisfaction of Condition No. 37 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shaU be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 13. Condition No. 58 - (NPDES). In satisfaction of Condition No. 58 of the Resolution, Developer agrees to the following: a. Development of the Project shall comply with all applicable regulations established by the Uuited States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water PoUution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures and shall be subject to the approval of the City Engineer. The developer shall comply with aU the provisions of the N,P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project' storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. b. Indemnify, and hold harmless the City, its elected and appointed officers and 7 tf-85 employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit as detennined by the City Engineer. 14. Condition No. 86 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 86 of the Resolution, Developer agrees to notify property owners during escrow, by a document to be initialed by the owners, of the maiIitenance responsibilities of the MHOA and their estimated annual cost. Developer further agrees to submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. IS. Condition No. 88 - (Walls on City Property). In satisfaction of Condition No. 88 of the Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property. 16. Condition No. 89 - (Maintenance District). In satisfaction of Condition No. 89 of the Resolution, Developer agrees to not protest fonnation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 17. Condition No.1 02 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 102 of the Resolution, the Developer understands and agrees that the perfonnance of Developer's obligations hereunder is requiI:ed for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one of the following occurs: (i) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 8 Lf-?/; (iii) The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFPP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. (iv.) The applicant does not comply with the tenns of the Reserve Fund Program. b. To defend, indemnify and hold hannless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are pennitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies ftanchised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building pennits for the Project, should the Developer be detennined by the City to be in breach of any of the tenns ofthe Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City hannless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 18. Condition No. 103 - (CMP). In satisfaction of Condition No. 103 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMF). b. To not protest the fonnation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 19. Condition No. 104 - (previous Agreements). In satisfaction of Condition No, 104 9 Lf-P7 of the Resolution, the Developer shall comply with all previous Agreements as they pertain to the tentative map. 20. Condition No. 109 - (Growth Management Ordinance). In satisfaction of Condition No, 109 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development ofOtay Ranch as described in Chapter 9, "Growth Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifYing financing options for necessary faéilÌties as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan. 21. Condition No. 114. - (PFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development ofEastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction ofthe public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 10 Lf -fg · '. 22. Condition No. 115 - (Code Compliance). In partial satisfaction of Condition No. 115 pf the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 23. Condition No. 116 - (Undergrounding). In partial satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 24. Condition No. 117. -(payment of Fees). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to pay the following fees in effect at the time of issuance of building pennits in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. f. Otay Ranch Reserve Fund fee. 25. Condition No. 118. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 26. Condition No. 119. - (Notice of Special Tax). In partial satisfaction of Condition No. 119 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 27. Condition No. 122 - (planned Community District Regulations). In partial satisfaction of the Condition No, 122 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 28. Condition No. 123 - (Congestion Management Program). In satisfaction of Condition No. 123 of the Resolution the Developer agrees: 11 I.f -é'1 ", a. To comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09,090), and public facilities finance plan amendment procedures (19.09.100). b. To acknowledge that the City is presently in the process of amending its Growth Management Ordinance to. add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 130 - (Guarded entrances). In satisfaction of Condition No. 130 of the Resolution Guarded entrances shall: . - a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around, The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,8,9, 10, 11,35, 36,37, 58, 86, 88, 89, 102, 103, 104, 109, 114, 115, 116, 117, 118, 119, 122, 123, and 130. Developer further understands and agrees that some of the provisions herein may be required to be perfonned or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. UnfulfIlled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established 12 4 -q(} by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 32. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement or the Olympic Parkway Agreement, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06A conditions applicable specifically to the Final Maps for the Property. 33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps, 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 35. Assignability. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in hislher sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a form approved by the City Attorney. 36. Miscellaneous. 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 U.S, 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. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 13 4-q) Attn: Director of Public Works Otay Project, LP 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Otay Ranch I West-2, LLC 3820 Valley Center Dr. San Diego, CA 92130 Attn.: Ron Baldwin (858) 259-2960 ex. 104 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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 tenns. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior 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. Preparation of Agreement. No inference, assumption or presumption shall be drawn ITom the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals, Exhibits. Any recitals and exhibits set forth above and attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, refonnation, enforcement or rescission hereof, the prevailing party will 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. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] J:\EngineerILANDDEV\OTA YRNCHWillageOneWest\SSIA's\Vl WSouthR54SSIA.doc 14 '-1-12 " - [pAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-54 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] CITY OF CHULA VISTA Mayor of the City ofChula Vista Attest: Susan Bigelow City Clerk Approved as to F onn: John M. Kaheny City Attorney DATED: ,2002 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 Lj-q3 .' . [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION . IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-54 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] DEVELOPERS/OWNERS: OTAYPROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, ~~h;::lp~-pmY'AnfuorimdM=~ Otay Ranch I West-2, LLC a Delaware limited liability company BY:þ 6~ (ATTACH NOTARY ACKNOWLEDGMENTS) 16 4-'1tf CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 27, 2002 before me, C. Halper Name and Title of Officer (e.g.. . Jane Doe. Notary Public·) personally appeared Ron Baldwin Name(s) of 5igner(s) D personally known to me -OR- I!J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument he person(s), or the entity upon behalf of which th erso (s) t d, executed the instrument. . . . . ~ . . . . . . . . . . . £ . . . . "I J @...... ~M~~1 _.. m ;¡¡ r,,; . Notary PublIc-C.llfomla 2! ¡¡¡ . SAN DIEGO COUNTY ... J."TT"~'~~~'~~( --------------------------OPTIONAL------------------______ Though the informaUon be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. - , Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Top of Thumb here Signer's Name: D Individual D Corporate Officer D Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top ofThumb here D Individual D Corporate Officer D Titles(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Signer Is Representing: Lf-qs CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT County of .soo-µ þ"tE6D } ss State of California On QlJ,ÞntóM.E1i!!M z,.r, z..:¡þ:z. Date ' before me, M..t.eG ~"......,., ~, -""r,lhCy ~c¡. Name afldTiUe of Qffiœr{e.g., "Jane Doe,Notal)' Public") personally appeared eHA ~~ r. ~" Name(s¡of Signer(s) G-p13rsonally known to me D proved to me on the basis of satisfactory evidence ~ - - - :;¡ 2 J_ - M~R~ L~C~N~ ~O;"'T; J Commission #I 1260466 z Notœy pubrlC - Caiifornla ~ Son Diego County f ~:o:m~~~l:~ to be the person~ whose name(G} is/_ subscribed to the within instrument and acknowledged to me that he!c¡h...fH.....>, executed the same in his/hsf/tJs:lsir authorized capacity(le,¡.), and that by his/~n:;I;lIlt::; signature(sj on the instrument the person(£ ,.or the entity upon behalf of which the personf¡;¡ acted, executed the instrument. WITNESS my hand and official s '--0 Ignatureo otaryPUblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Description of Attached Document S!>, ... /Z. --.r "f Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of Ihumb here D individual D Corporate Officer - litle(s): D Partner - D Limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association' 9350 De Solo Ave.. P.O. Sox 2402' Chatsworth, CA 91313-2402' www,nationalnotary.org Prod. No. 5907 Reorder: Call TolI·Free 1-800-816-6627 4-16 ., . List of Exhibits Exhibit A Legal Description of Properly 17 tf -Cj 7 ., EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-54 A PORTION OF LOT 3 OF OTAY RANCH, VILLAGE ONE WEST "An MAP NO, 1, CHULA VISTA TRACT NO. 98-06A, ACCORDING TO MAP THEREOF NO, 14278 FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 5, 2001 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, Y-1t THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~rJ!!!~ City Attorney Dated: (6-2--ð"L- SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL "B" MAPS OF NEIGHBORHOOD R-55 IN VILLAGE ONE WEST (SOUTH) SPA ONE OF THE OTAY RANCH PROJECT 4--q9 , ¡, RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) 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 of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-55 IN VILLAGE ONE WEST (SOUTH), SPA ONE OF THE OTA Y RANCH PROJECT (Conditions: 1,2,3,4,5,8,9,10,11,35,36,37,58,86,88,89,102, 103, 104, 109, 114, 115, 116,117,118,119,122,123, and 130 of Resolution No. 2001-119) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of October, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OTAY PROJECT L.P., a California Limited Partnership, Otay Ranch I West-3, LLC, a Delaware lirnited liability company, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "Project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R-55. B. Otay Project L.P. conveyed title to Neighborhood R-55 to Otay Ranch I West-3, LLC on August 23, 2002. C. Developer and/or Developer's predecessor in interest has applied for and the City has 1 Lf -100 approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06A ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-119 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-55 as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means each of the final maps for Neighborhood R-55 of Otay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: (i) Otay Project, L.P. (ii) Otay Ranch I West-3, LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 19408 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No, 19538 and as may be further amended from time to time. 2 Lf-IOf 8. "A Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West South "A" Map No.1, map number thereof 14278, adopted by Resolution No. 2001-319 approved pursuant to Resolution No. 2001-320. 9. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions ofOtay Ranch Village One (CC&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further defined in said CC&R's. 11. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. -- 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below, The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. 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, City is deemed the beneficiary of such covenants for and in its 3 Lf-JD2. 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 of such covenants running with the land have been provided 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 to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assiguments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released ITom Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Proj ect subj ect to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) ITom Developer's obligation under this Agreement: (i) The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; (ii) The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel ITom the encumbrance ofthis Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such 4 L/ - / !J3 lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.1 - (General Preliminary) In partial satisfaction of Condition No, 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the tenns, conditions and provisions of said documents. 4. Condition No.2 - (General Preliminary) In partial satisfaction of Condition No.2 of the Resolution, Developer hereby agrees to all of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". .. 5. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer agrees that if any of the tenns, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to deny the issuance of building pennits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any . deficiencies identified by the City within a reasonable period of time. 6. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City hannless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Enviromnental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 - (General Preliminary). In partial satisfaction of Condition No.5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 8. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, 10, and 11 of the Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to 5 L/ -j 0'/ change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and Comity of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That allland to be conveyed as described above shall be free and clear ofliens and encumbrances except for easements for existIng public inftastructure and other easements approved by the City or for planned public inftastructure as permitted in the RMP, Phase 2, Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition No.9 - (CEQA). In partial satisfaction of Condition No, 9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final EIR 95-01, SPA One Final EIR 97-03, and the accompanying the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Programs, AII mitigation measures shall be implemented to the satisfaction of the Environmental Review Coordinator. 10. Condition No. 35. (Transit Facilities). In partial satisfaction of Condition No.35 of the Resolution, the developer agrees to: a. Install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MIDB San Diego Trolley LRT System. 11. Condition No. 36 (Street Trees). In partial satisfaction of Condition No.36 ofthe Resolution: 6 tf-lD5 a. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building pennits within the Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from .each individual lot to the adjacent parkway, 12. Condition No. 37 - (ADA Standards). In satisfaction of Condition No. 37 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law , City ADA standards may be considered vested, as detennined by Federal Regulations, only after construction has commenced. 13. Condition No. 58 - (NPDES). In satisfaction of Condition No. 58 of the Resolution, Developer agrees to the following: a. Development of the Project shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.), permit requirements for urban runoff and stonn water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Stonn Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures and shall be subject to the approval of the City Engineer. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project' stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. b. Indemnify, and hold harmless the City, its elected and appointed officers and 7 '-I-lOb employees, ftom and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results ftom any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOI08758 Municipal Pennit as detennined by the City Engineer. 14. Condition No. 86 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 86 of the Resolution, Developer agrees to notify property owners during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer further agrees to submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 15. Condition No. 88 - (Walls on City Property). In satisfaction of Condition No. 88 of the Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property. 16. Condition No. 89 - (Maintenance District). In satisfaction of Condition No. 89 of the Resolution, Developer agrees to not protest fonnation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. . 17. Condition No. 102 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 102 of the Resolution, the Developer understands and agrees that the perfonnance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building pennits for any and all buildings within the Project if anyone of the following occurs: (i) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended ftom time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended ftom time to time. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 8 L( -/() 7 (iii) The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. (iv.) The applicant does not comply with the terms of the Reserve Fund Program. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City ofChula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developerbe determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 18. Condition No. 103 - (CMP). In satisfaction of Condition No. 103 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to fiuance the construction of regional facilities. 19. Condition No. 104 - (previous Agreements). In satisfaction of Condition No. 104 9 If -JtJt of the Resolution, the Developer shall comply with all previous Agreements as they pertain to the tentative map. 20. Condition No. 109 - (Growth Management Ordinance). In satisfaction of Condition No. 109 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development ofOtay Ranch as described in Chapter 9, "Growth Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services govemed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary faCilÍìies as described in Chapter 9, "Growth Management" ofthe Otay Ranch General Development Plan, 21. Condition No. 114. - (PFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development of East Lake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 10 L{-IDC¡ .' 22. Condition No. 115 - (Code Compliance). In partial satisfaction of Condition No. 115 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Mumcipal Code. 23. Condition No. 116 - (Undergrounding). In partial satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 24. Condition No. 117. - (payment of Fees). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to pay the following fees in effect at the time of issuance of building permits in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIP as may be adopted by the City in the future. f. Otay Ranch Reserve Fund fee. 25. Condition No. 118. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 26. Condition No. 119. - (Notice of Special Tax). In partial satisfaction of Condition No. 119 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 27. Condition No. 122 - (Planned Community District Regulations). In partial satisfaction of the Condition No. 122 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 28. Condition No. 123 - (Congestion Management Program). In satisfaction of Condition No. 123 of the Resolution the Developer agrees: 11 L( -I If) a. To comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). b. To acknowledge that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance wIth adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 130- (Guarded entrances). In satisfaction of Condition No. 130 of the Resolution Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,8,9,10,11,35, 36,37,58, 86, 88, 89, 102, 103, 104, 109, 114, 115, 116, 117, 118, 119, 122, 123, and 130. Developer further understands and agrees that some of the provisions herein may be required to be perfonlled or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established 12 if-III by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 32. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullifY or otherwise negatively impact the terms of the "A" Map Agreement or the Olympic Parkway Agreement, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and ofthe Tentative Map 98-06A conditions applicable specifically to the Final Maps for the Property. 33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach o'f any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 35. Assignability. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a form approved by the City Attorney. 36. Miscellaneous. 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 U.S. mail, certified orregisteredmail, 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. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 13 '-1-/12 Attn: Director of Public Works Otay Project, LP 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Otay Ranch I West-3, LLC 3820 Valley Center Dr. San Diego, CA 92130 Attn.: Ron Baldwin (858) 259-2960 ex. 104 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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 tenns. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior 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. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals, Exhibits. Any recitals and exhibits set forth above and attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, refonnation, enforcement or rescission hereof, the prevailing party will 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. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] J:\EngineerILANDDEV\OTA YRNCHWilIageOneWestlSSIA's\Vl WSouthR55-SSIA.doc 14 '-/-/ /3 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-55 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] CITY OF CHULA VISTA Mayor of the City ofChula Vista Attest: Susan Bigelow City Clerk Approved as to Fonn: John M. Kaheny City Attorney DATED: ,2002 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 '-I- -11'1- [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-SS OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE) DEVELOPERS/OWNERS: OTAY PROJECT, L.P.; a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By: Otay Ranch I West-3, LLC a Delaware limited liability company By: ~ ßJfl-' (ATTACH NOTARY ACKNOWLEDGMENTS) 16 Lj~I/5 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California County of ;r~ ;',Æ4iJ } ss On .6E?f¡t1?7e~.6e U-- ;kIIJ2-- before me, .)"f!j"f ~ I:.. ~~ LÞv~ ~ """8L" , Date . NameandTiUeofolficer{e.9.,"JaÍ1eDoe,NotaryPublic") personally appeared eÑ~ T. t:.ArI1(Jt.. Name(s)ofSigner(s) cr Jersonally known to me o proved to me on the basis of satisfactory evidence Jfj- - - - ~~ L;C;;'N~ ~O';'T~ ~ - Commission .'2600166 i' Notay PublIc: - Ccllforria , j San Dfegc CounIy - - - - ~~~~':~f to be the person(er whose name(oj- is/""" subscribed to the within instrument and acknowiedged to me that he/sTm1'!tmy executed the same in his/hGI,'tl.õjr authorized capacity(iøsj, and that by his/~ signature(.sì on the Instrument the person(ej,.or the entity upon behalf of which the person(~ acted, executed the instrument. - '-<::) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Description of Attached Document -/Z..r,r- l>S""" Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here o Individual o Corporate Officer - Tille(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: © 1999 National Notary Assoc;ation' 9350 De Solo AVe.. P.O. BOK 2402. Chatsworth, GA 91313-2402. www.naIiOl1alnotary.org Prod. NO. 5907 Reordllr:CaIlToll·Fr&e1·S00-S76-6B27 </-//6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On -ilf30} Dð before me, C. Halper Name and Tille of Officer (e.g.. ~Jane Doe. Notary Public·) personally appeared Ron Baldwin Name(s) of Slgner(s) o personally known to me -OR- B proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instru t the person(s), or the entity upon behalf of which e person ted, executed the instrument. ) ¿ £ £ .~.~ : . . . . . ~"H~~ÊR . . . . ( -@ COMM.#1361951 m Üj : ,,; : NobLry Public..c.Ufoml. tn W SAN DIEGO COUNTY ::;: J. y.. 9. . ~.c~..~:J.U~.~~ f WITNESS my n -----------------OPTIONAL--------_____________ Though the informaüon below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual o Corporate Officer o Titles(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Signer Is Representing: Lf -/ /7 '. List ofExhibits Exhibit A Legal Description of Property 17 if -J ¡¡ EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-55 A PORTION OF LOT 3 OF OTAY RANCH, VILLAGE ONE WEST "An MAP NO.1, CHULA VISTA TRACT NO. 98-06A, ACCORDING TO MAP THEREOF NO. 14278 FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 5, 2001 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, Lf-ilq THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ l}ilc~ . . Kaheny City Attorney Dated: /6 - 2- - ¿J L- SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL "B" MAPS OF NEIGHBORHOOD R-57B IN VILLAGE ONE WEST (SOUTH) SPA ONE OF THE OTAY RANCH PROJECT 4-/20 ~. RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) 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 of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-57B IN VILLAGE ONE WEST (SOUTH), SPA ONE OF THE OTAY RANCH PROJECT (Conditions: 1,2,3,4,5,8,9, 10, 11,35,36,37,58,86,88,89, 102, 103, 104, 109, 114, 115, 116,117,118,119, 122, 123, and 130 of Resolution No. 2001-119) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of October, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators ofthis Agreement, OTA Y PROJECT L.P., a California Limited Partnership, Otay Rocking Horse, LLC, a Delaware limited liability company, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "Project" shall also mean "Property", Developer has applied for final map for the Property, more specifically known as Neighborhood R-57B. B. Otay Project L.P. conveyed title to Neighborhood R-57B to Otay Rocking Hor¿e, LLC on October 5,2001. C. Developer and/or Developer's predecessor in interest has applied for and the City has 1 Lf-12! approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06A ("Tentative Subdivision Map") for the subdivision ofthe Property. D. The City has adopted Resolution No. 2001-119 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on'the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-57B as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes ofthis Agreement, "Final Map" means each of the final maps for Neighborhood R-57B of Otay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries ofthe map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: (i) Otay Project, L.P. (ii) Otay Rocking Horse, LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6, "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 19408 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended from time to time. 2 t..f -/2.2- 8. "A Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West South "A" Map No.1, map number thereof 14278, adopted by Resolution No. 2001-319 approved pursuant to Resolution No. 2001-320. 9. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions ofOtay Ranch Village One (CC&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further defined in said CC&R's. II. "Preserve/Owner Manager" is the entity or entities defmed by the RMP 2 with the duties and responsibilities described therein. 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No, 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signatorto this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests ofthe parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its 3 tf-/23 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 of such covenants running with the land have been provided 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 to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled, c. Developer Release on Guest Builder Assignments. If Developer assigns any portion ofthe Project to a guest builder, Developer may request to be released ftom Developer's obligations under this Agreement, that are expressly asswned by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, asswnes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion ofthe Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) ftom Developer's obligation under this Agreement: (i) The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; (ii) The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel ftom the encwnbrance ofthis Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encwnbered by this Agreement, such 4 Lf -/2 '-I lot or parcel shall be automatically released ITom the encwnbrance hereof. 3. Condition No.1 - (General Preliminary) In partial satisfaction of Condition No.1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said docwnents. 4. Condition No.2 - (General Preliminary) In partial satisfaction of Condition No.2 of the Resolution, Developer hereby agrees to all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all ofthe Property. For purposes of this document the term "Developer" shall also mean "Applicant". S. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived ITom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 6. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 ofthe Resolution, Developer hereby agrees to indemnifY, protect, defend and hold the City harmless ITom and against any and all claims, liabilities and costs, including attorney's fees, arising ITom challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 - (General Preliminary). In partial satisfaction of Condition No.5 ofthe Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 8. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, and 11 of the Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which is intended to satisfY the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as ofthe date ofthis Agreement. But such obligation may be subject to 5 L/ -/25 change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre, d. That all land to be conveyed as described above shall be rree and clear ofliens and encumbrances except for easements for existing public inrrastructure and other easements approved by the City or for planned public inrrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition No. 9 - (CEQA). In partial satisfaction of Condition No. 9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final EIR 95-01, SPA One Final EIR 97-03, and the accompanying the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Programs. All mitigation measures shall be implemented to the satisfaction of the Environmental Review Coordinator. 10. Condition No. 35. (Transit Facilities). In partial satisfaction of Condition No.35 of the Resolution, the developer agrees to: a. Install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 11. Condition No. 36 (Street Trees). In partial satisfaction of Condition No.36 of the Resolution: 6 '-(-/26 a. Developer shall obtain approval ITom the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days ofthe approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps ifthe street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected ITom the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the . requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided ITom each individual lot to the adjacent parkway. 12. Condition No. 37 - (ADA Standards). In satisfaction of Condition No. 37 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as determined by Federal Regulations, only after construction has commenced. 13. Condition No. 58 - (NPDES). In satisfaction of Condition No. 58 of the Resolution, Developer agrees to the following: a. Development of the Project shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City ofChula Vista pursuant to the N.P.D.E.S. regulations or requirements, Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures and shall be subject to the approval of the City Engineer. The developer shall comply with all the provisions of the N.P .D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project' storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction ofthe City Engineer. b. IndemnifY, and hold harmless the City, its elected and appointed officers and employees, ITom and against all fines, costs, and expenses arising out of non-compliance with the 7 Lf-/27 requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption òf the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Pennit as detennined by the City Engineer, 14. Condition No. 86 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 86 of the Resolution, Developer agrees to notify property owners during escrow, by a document to be initialed by the owners, ofthe maintenance responsibilities ofthe MHOA and their estimated annual cost. Developer further agrees to submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 15. Condition No. 88 - (Walls on City Property). In satisfaction of Condition No. 88 ofthe Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property. 16. Condition No. 89 - (Maintenance District). In satisfaction of Condition No. 89 of the Resolution, Developer agrees to not protest fonnation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 17. Condition No. 102 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No.1 02 ofthe Resolution, the Developer understands and agrees that the perfonnance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building pennits for any and all buildings within the Project if anyone of the following occurs: (i) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii) The required public facilities, as identified in the PFFP or as amended 8 '-/ -/ 2Z or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. (iv.) The applicant does not comply with the terms of the Reserve Fund Program. b. To defend, indemnity and hold hannless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.3 7 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restriCt access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms ofthe Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City hannless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 18. Condition No. 103 - (CMP). In satisfaction of Condition No. 103 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMF). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 19. Condition No. 104 - (Previous Agreements). In satisfaction of Condition No. 104 of the Resolution, the Developer shall comply with all previous Agreements as they pertain to the 9 LI-/21 tentative map, 20. Condition No. 109 - (Growth Management Ordinance). In satisfaction of Condition No. 109 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development ofOtay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds, b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan. 21. Condition No. 114. - (PFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of asswnptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the asswnptions contained in the PFFP (i.e., the development of EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City, Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA I PFFP and agrees that the City Engineer may change the timing of construction ofthe public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 22. Condition No. 115 - (Code Compliance). In partial satisfaction of Condition No. lIS of the Resolution, Developer agrees to comply with all applicable sections ofthe Chula Vista Municipal Code. 10 4-/30 23. Condition No. 116 - (Undergrounding). In partial satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 24. Condition No. 117. - (Payment of Fees). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to pay the following fees in effect at the time of issuance of building permits in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee, e. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. f. Otay Ranch Reserve Fund fee. 25. Condition No. 118. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 26. Condition No. 119. - (Notice of Special Tax). In partial satisfaction of Condition No. 119 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 27. Condition No. 122 - (Planned Community District Regulatiòns). In partial satisfaction of the Condition No. 122 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 28. Condition No. 123 - (Congestion Management Program). In satisfaction of Condition No. 123 ofthe Resolution the Developer agrees: a. To comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended ftom time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19,09.090), and public facilities finance plan amendment procedures (19.09.100). 11 4 -j 3 / b. To acknowledge that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 130- (Guarded entrances). In satisfaction of Condition No. 130 of the Resolution Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a tum"around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,8,9, 10, 11,35, 36, 37, 58, 86, 88, 89, 102, 103, 104, 109, 114, 115, 116, 117, 118, 119, 122, 123, and 130. Developer further understands and agrees that some of the provisions herein may be required to be perfonued or accomplished prior to the approval of other final maps for the Project, as may be appropriate, 31. Unfulfilled Conditions. Developer hereby agrees, unless othelWise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the tenus, conditions and provisions therein. 32. Previous Agreements, The Developer acknowledges that nothing in this Agreement 12 '-I-F32- shall supersede, nullifY or otherwise negatively impact the terms of the "A" Map Agreement or the Olympic Parkway Agreement, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06A conditions applicable specifically to the Final Maps for the Property. 33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction ofthe City. 35. Assignability. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest ifthe City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a form approved by the City Attorney. 36. Miscellaneous. 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 U,S. mail, certified orregistered mail, retumreceipt 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. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Otay Project, LP 350 West Ash Street, Suite 730 13 L(~/33 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Otay Rocking Horse, LLC 270 Newport Center Dr., Suite 200 Newport Beach, CA 92626 Attn.: Doug Brooks (619)397-0417 . A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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 contains the entire agreement between the parties regarding the subject matter hereof. Any prior 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. Preparation of Agreement. No inference, assumption or presumption shall be drawn ftom the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals, Exhibits. Any recitals and exhibits set forth above and attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will 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. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] J:IEngineerILANDDEV\OTA YRNCHI VillageOneWestlSSIA'slVl WSouthR57BSSIA.doc 14 tf -/;Jt! [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-57B OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: John M, Kaheny City Attorney ,2002 DATED: [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 If -/35 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-57B OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE) DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By:~(2~ Otay Rocking Horse, LLC a Delaware limited liability company By ;{~aXL(-'ð (ATTACH NOTARY ACKNOWLEDGMENTS) 16 '-I - / 3~ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of California } ss. County of s~ J),#!..O On ~~...a:s'L ~ ;.4Þz... Date . beforeme M~LVC""vD¿'.' rll'Z7 ~.þINI.U~ Name and Trt1e 01 OffiCllf (e.g.:"Jane Doe, Nota¡y Public") personally appeared &.1M', t!!s r. ~ Name(s)of Signer(s) ~ersonally known to me D proved to me on the basis of satisfactory evidence MARC LUCIANO LOVATO Commission 111260466 z Notary Public - Calitornia ~ San Djego County 1 "'" Comm. E:q:Jires Ape 13, 2004 . ------------ to be the persontst whose name(e¡. is/...... subscribed to the within instrument and acknowledged to me that he/sbeAAe;< executed the same in his/~t:I;ll.",,;, authorized capacìty(ie.l'), and that by his/~ signature~ on the instrument the person(~ or the entity upon behalf of which the personfej acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 50S'" 4 - ~ -.r? IfiI Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association' 9350 Da Solo Ave_. PD_ Box 2402' Chatsvrorth. CA 91313-2402' www.nationalnotary.Olg Prod. No. 5907 Reorder: Call Toll-Free '·800·876·6827 '-I-J37 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~~«~«-~g;'<'~.2-^..c<''(x~~~..çf'~>'¢<~~~«~~~..<X'ð'~..Q2~~~~-Ç<'"~&,(,&f'&'f:Q's~,ç.::-9:Š ~i State of California } ~" 9 ss. g ~ County of Orange ~ ~ ~ g On Septembe;ate 26 ~ 2002 , before me, Nico~:me ~n~ Tìt~~f~~~r~e~g:~~: Do~~~~rp~blic;Ublic ~> ~ g 8 personally appeared Karyle A. Kelly N'm'{'1of Sigo'c{'1 ~ 11 b I ~ ~~~:~~al:~ k~~w~nt~h:e basis of satisfactory ~ j:; evidence ~ ~ ~ ~, )~~" - ',' " ~~G-;;L;~L~E~CH-;T;IN- ~ ~oub~~ri~he~ Pt~S~~~ w~~f:e in~~~~~nt iS~:- h,.~ c J Commission.1331084;z kid d t h tflef h I~ d ,:> ~ ~. Notary Public _ California ~ ac nowe ge 0 me t a s e execute is ~,~, ~ Orsnge County ~ the same in l*;/her/1fteH; authorized ~'" '~ MyConm ExplAllNov19 2005 capacity(4e&j., and that by ~/her/t :¡ej,¡; ó 1 - - - - - - .... - - - .:. - signature(o&¡ on the instrument the person~), or ~ B the entity upon behalf of which the person~) R " acted, executed the instrument. ~ ~,\:"" II" t WITNESS my hand and official seal. ~ PI,eoNot"yS"IAbo", I}Å)..,Si90~'Of'ß,"b!~/lð-- ; ~ ~ ~,',. Though Ihe informalion below is nol ,equi,ed b~::'~f~~~~e valuable 10 persons relying on Ihe document f,º,) :" and could prevent fraudulent removal and reattachment of this form to another document. i~) q g ~I Description of Attached Document h ~ Title or Type of Document: :~ ~ Document Date: Number of Pages: ~ ~ ~ ~I Signer(s) Other Than Named Above: ~' ~ Capacity(ies) Claimed by Signer ì ~ Signer's Name: :~ ~ 0 Individual Top 01 thumb here ~ ", D Corporate Officer - Title(s): ,¡ ß LI Partner - [J Limited I=: General 'i'~ is D Attorney in Fact B I Trustee ~ ~ ~~:~ian or Conservator ~ ~ q f1 Signer Is Representing' ~ ~ ~ X ê>3-",';.77f.:.<,>C.< Y~'<.'-".;-C^"'<%.'<:.£v"""D:.,'<:'-Á,,-'<X,.~~ v::7)~'<-;'("/;'CÁ}C/,_)("<><"-"v~':<.~X7 ~'X><'Z'0vð;:,?--"v'L'-<..,"(%'Ç-Á,,-'I':7:)¡:::x;'c:<>.c.<:.-'0:.-~,ç'¿:Äj'CÄv-"""'Vv'Cl:-;;¿':<;,'C.{,-i<'Y-J' © 1999 NatiQnal Notary AssQciation' 935() De SOlo Ave" P.O. Box 2402' Chatsworth. CA 91313-2402 'www,nalionalnolaryorg Prod,No5907 Reorder:CaIlTolI-Frsel-800·B76-6821 Lf -j 3t List of Exhibits Exhibit A Legal Description of Property 17 Lf -/31 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-57B A PORTION OF LOT 3 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO.1, CHULA VISTA TRACT NO. 98-06A, ACCORDING TO MAP THEREOF NO. 14278 FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 5, 2001 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Lf -1'1 () THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ 9-fA '~~_ ~M.Kaheny , City Attorney Dated: (ó-L~6L SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-59B IN VILLAGE ONE WEST (SOUTH) SPA ONE OF THE OTAY RANCH PROJECT Lj-/'-II ......' " ¡.µ . RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) 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 of ) less than a fee interest for which } no cash consideration has been paid ) or received. } ) ) 0) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-59B IN VILLAGE ONE WEST (SOUTH), SPA ONE OF THE OTA Y RANCH PROJECT (Conditions: 1,2,3,4,5,8,9,10,11,35,36,37,58,86,88,89,102,103, 104, 109, 114, 115, 116, 117,118,119,122,123, and 130 of Resolution No. 2001-119) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of October, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OT A Y PROJECT L.P., a California Limited Partnership, Otay Ranch 1 West-I, LLC, a Delaware limited liability company, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "Project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R-59B. B. Otay Project L.P. conveyed title to Neighborhood R-59B to Otay Ranch 1 W est-I, LLC on October 11, 2001. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06A ("Tentative 1 '-/-1'-12- " ~, ..1 Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-119 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-59B as being in substantial confonnance with the Tentative Subdivision Map described in this Agreement. Developer IUlderstands that subsequent final maps may be subj ect to the same security, tenns and conditions contained herein. F. The following defined tenns shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, ''Final Map" means each of the final maps for Neighborhood R-59B of Otay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction pennit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs fust. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the bOlUldaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the bOlUldaries of the Property, and all signatories to this Agreement including: (i) Otay Project, L.P. (ii) Otay Ranch 1 West-I, LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 19408 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City COlUlcil on JlUle 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended 1ÌOm time to time. 8. "A Map Agreement" means the Supplemental Subdivision hnprovement Agreement for the Village One West South "A" Map No.1, map number thereof 14278, adopted by 2 Lj -/Lf3 .. Resolution No. 2001-319 approved pursuant to Resolution No. 2001-320. 9. "Co=unity Association" means the Otay Ranch Village One Co=unity Association as defined in the Declaration of Covenants, Conditions and Restrictions ofOtay Ranch Village One (CC&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the co=on use and enjoyment of the Owners as further defined in said CC&R's. II. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 12. "SPA One Plan" means thè Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, TIIEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes perforrnànce of the obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or 3 '-/ -/ '-14 .' interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released ftom Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, asswnes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perfonn its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. ' - d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Proj ect subj ect to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) ftom Developer's obligation under this Agreement: (i) The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; (ii) The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City [mds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be perfonned. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable fonn acceptable to the City Manager (or Manager's designee), which confinns the release of such lot or parcel ftom the encwnbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encwnbered by this Agreement, such lot or parcel shall be automatically released ftom the encwnbrance hereof. 3. Condition No.1 - (General Preliminary) In partial satisfaction of Condition No.1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the 4 Lf-ILls .' Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No.2 - (General Preliminary) In partial satisfaction of Condition No.2 of the Resolution, Developer hereby agrees to all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". 5. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer agrees that if any of the tenns, covenants or conditions contained within the Resolution shall fail to occur or if théy' are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building pennits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 6. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City hannless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or'any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 - (General Preliminary). In partial satisfaction of Condition No.5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 8. Condition Nos. 8,10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, and I I of the Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of I. I 88 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. 5 L/ -/V6 Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be &ee and clear ofliens and encumbrances except for easements for existing public infÌ'astructure and other easements approved by the City or for planned public infÌ'astructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges thát property within the boundaries of the "A" Map which will be the subject of future final.maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition No.9 - (CEQA). In partial satisfaction of Condition No.9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final EIR 95-01, SPA One Final EIR 97-03, and the accompanying the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Programs. All mitigation measures shall be implemented to the satisfaction of the Enviroumental Review Coordinator. 10. Condition No. 35. (Transit Facilities). In partial satisfaction of Condition No.35 of the Resolution, the developer agrees to: a. Install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 11. Condition No. 36 (Street Trees). In partial satisfaction of Condition No.36 of the Resolution: a. Developer shall obtain approval &om the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees,the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the 6 Lf- ILf 7 .' Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. 12. Condition No. 37 - (ADA Standards). In satisfaction of Condition No. 37 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as detennined by Federal Regulations, only after construction has commenced. 13. Condition No. 58 - (NPDES). In satisfaction of Condition No. 58 of the Resolution, Developer agrees to the following: a. Development of the Project shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (N.P .D.E.S.), pennit requirements for urban runoff . and stonn water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Pennit for Stonn Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures and shall be subject to the approval of the City Engineer. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project' stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. b. IndemnifY, and hold hannless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. C. That the City Engineer may require incorporation of Standard Urban Water 7 Lj-/t..¡¡ ·' Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects Wldergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOI08758 Municipal Pem1Ít as detennined by the City Engineer, 14. Condition No. 86 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 86 of the Resolution, Developer agrees to notify property owners during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer further agrees to submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 15. Condition No. 88 - (Walls on City Property). In satisfaction of Condition No. 88 of the Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modifY or supplement the wall or encroach onto City Property. 16. Condition No. 89 - (Maintenance District). In satisfaction of Condition No. 89 of the Resolution, Developer agrees to not protest fonnation or inclusion in a maintenance district or . zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 17. Condition No. 102 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 102 of the Resolution, the Developer Wlderstands and agrees that the perfonnance of Developer's obligations hereWlder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building pennits for any and all buildings within the Project if anyone of the following occurs: (i) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended ftom time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended ftom time to time. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii) The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. (iv,) The applicant does not comply with the tenns of the Reserve Food Program. 8 Lj-/'-/1 .' b. To defend, indemnify and hold hannless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all franchised cable television companies ("Cable Company") are pennitted equal opportunity to place conduit and provide cable television ·service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies franchised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in complÍance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City ofChula Vista. d. That the City may withhold the issuance of building pennits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City hannless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 18. Condition No. 103 - (CMP). In satisfaction of Condition No. 103 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 19. Condition No.1 04 - (previous Agreements). In satisfaction of Condition No. 104 of the Resolution, the Developer shall comply with all previous Agreements as they pertain to the tentative map. 20. Condition No. 109 - (Growth Management Ordinance). In satisfaction of Condition No. 109 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development ofOtay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development 9 4-/50 Plan", The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan. 21. Condition No. 114. - (pFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies, a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP (i.e., the development ofEastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and [mal maps. 22. Condition No. lIS - (Code Compliance). In partial satisfaction of Condition No. lIS of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 23. Condition No. 116 - (Undergrounding). In partial satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements, 10 L( -/5" I , 24. Condition No. 117. - (payment of Fees). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to pay the following fees in effect at the time of issuance of building permits in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. f. Otay Ranch Reserve Fund fee, 25. Condition No. 118. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and docwnentation to demonstrate said compliance as required by the City Engineer. 26. Condition No. 119. - (Notice of Special Tax). In partial satisfaction of Condition No, 119 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 27. Condition No. 122 - (Planned Community District Regulations). In partial satisfaction of the Condition No. 122 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA' One Planned Community District Regulations. 28. Condition No. 123 - (Congestion Management Program). In satisfaction of Condition No. 123 of the Resolution the Developer agrees: a. To comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19,09.100). b. To acknowledge that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as 11 Lj-/5¿ a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29, Condition No, 130 - (Guarded entrances). In satisfaction of Condition No. 130 of the Resolution Guarded entrances shall: Building. a. Require approval by the City Engineer and the Director ofPlamring and b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,8,9, 10, 11,35, 36, 37, 58, 86, 88, 89, 102, 103, 104, 109, 114, 115, 116, 117, 118, 119, 122, 123, and 130. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 32. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement or the Olympic Parkway Agreement, unless specifically noted herein. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06A conditions applicable specifically to the Final Maps for the Property. 33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 12 If -/63 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building pennits and all other pennits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such det=ination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFPP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 35. Assignability. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in hislher sole discretion may, if such assignment is requested, pennit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a form approved by the City Attorney. 36. Miscellaneous. 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 U.S. 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. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Otay Project, LP 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Otay Ranch I W est-I, LLC 3820 Valley Centre Dr., San Diego, CA 92130 Attn.: Dawn Norton FAX: (858) 259-2933 13 L( -/5'-/ A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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 tenns. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior 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. Preparation of Agreement. No inference, assumption or presumption shall be drawn fÌ'Om the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals, Exhibits. Any recitals and exhibits set forth above and attached hereto are incorporated by reference into this Agreement. f.' Attorneys' Fees, If either party commences litigation for the judicial interpretation, refonnation, enforcement or rescission hereof, the prevailing party will 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. (NEXT PAGE IS PAGE ONE OF SIGNATURE PAGESl J:\Engineer\LANDDEV\OT A YRNCHIVilIageOneWest\SSIA \ VI WSouthR59BSSIA.doc 14 Lf-/55 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-59B OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Fonn: John M. Kaheny City Attorney DATED: ,2002 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 L( - /56 '. [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-59B OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] DEVELOPERS/OWNERS: OTAYPROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limite liability company, Authorized Member By: OtayRanch I West-I, LLC a Delaware limited liability company By: ifê. 6t~i (ATTACH NOTARY ACKNOWLEDGMENTS) 16 Lf -/57 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 27, 2002 before me, C. Halper Name and Title of Officer (e.g., QJane Doe, Notary PublicQ) personally appeared Ron Baldwin Name(s} of Signer(s) o personally known to me -OR- I!!I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 0 the instrument the person(s), or the entity upon behalf of whi t pers n( ) acted, executed the instrument. ................. £... "I !@.",:. . ~~~1 m ;¡¡ . .. NoWy Publlc.col1lomla !II üI . . SAN DIEGO COUNTY - J... y.. .~.~.~~.~~f WITNESS my nature of Notary Public -------------------------OPTlONAL----------__________ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. - , Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Narne: Signer's Name: o Individual o Corporate Officer o Titles{s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top ofThumb here o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of Thumb here Signer Is Representing: Signer Is Representing: I¡ -/59 '. CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT State of Califomla County of ~JÞ/~(I } ss On :ñ5PnEItf &!!H Z$" ZtHJ Z. Date .. before me, M¿fe"'- ¿.quANtJ uv..,r". "'''lif''Y ÞV1IIJ6, Name and TiUe of Officer (e_g_. "Jãne Doe, Notary Public") personally appeared cH>4<e ur:> To ~ Name{s)ofSigner(s) cr-Personally known to me D proved fa me on the basis of safisfacfory evidence - M:R~ L~C~N~ ~O;'T~ ~ Commission # 1260466 z Notary Public - California ~ San Diego County I My Comm. &:pres /vx 13. 2004 -........---------- fo be the personf8 - whose name(~ is/_ subscribed to the within instrument and acknowledged to me that he/at'le!tl ,8)" axecuted the same in his/hefAAei< authorized capacitY(~t and that by his/I.("JlI ,GÎI slgnaturetsj-on the instrument the person¡¡¡"'or the entity upon behalf of which the personf&) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ðE;,. A /'Z. - s->¡ ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here D Individual D Corporate Officer - Title(s): D Partner - D Limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: C 1999 National Notary Associalioll' 9350 De Solo Ave., P.O, Bo/; 2402· Chalsworth, CA 91313-2402' www.nationalnotary.org Prod. No. 5907 Raorder: Call TolI·f¡oo 1-800-876-6827 L( -) 51 .. List of Exhibits Exhibit A Legal Description of Property 17 i -/(PO ., EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-59B A PORTION OF LOT 5 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO.1, CIillLA VISTA TRACT NO. 98-06A, ACCORDING TO MAP THEREOF NO. 14278 FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 5, 2001 IN THE CITY OF CIillLA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Lf-/6 I THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~:f:n~ City Attorney Dated: (0 ~ 2- ~Ó L. SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL "B" MAPS OF NEIGHBORHOOD R-56 UNIT 2 IN VILLAGE ONE WEST (SOUTH) SPA ONE OF THE OTAY RANCH PROJECT L{ -1hZ- P' , \ , RECORDING REQUEST BY: ) ) City-Clerk ) ) WHEN RECORDED MAIL TO: ) ) 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 of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-56 UNIT 2 IN VILLAGE ONE WEST (SOUTH), SPA ONE OF THE OT A Y RANCH PROJECT (Conditions: 1,2,3,4,5,8,9,10, 11,35,36,37,58,86,88,89, 102, 103, 104, 109, 114, 115, 116; 117, 118, 119, 122, 123, and 130 of Resolution No. 2001-119) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of October, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators ofthis Agreement, OTA YPROJECT L.P., a California Limited Partnership, Otay Ranch Four, LLC, a Delaware limited liability company, with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of the Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the tenn "Project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R-56 Unit 2. B. Otay Project L.P. conveyed title to Neighborhood R-56 Unit 2 to Otay Ranch Four, LLC on October 11, 2001. C. Developer and/or Developer's predecessor in interest has applied for and the City has 1 Lf -/ b3 approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06A ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-119 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E, City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-56 Unit 2 as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein. F, The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: I, For the purposes of this Agreement, "Final Map" means each ofthe final maps for Neighborhood R-56 Unit 2 ofOtay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: (i) Otay Project, L.P. (ii) Otay Ranch Four, LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion ofthe Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No. 19408 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended from time to time. 2 4-/6'1 8. "A Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West South "A" Map No.1, map number thereof 14278, adopted by Resolution No. 2001-319 approved pursuant to Resolution No. 2001-320. 9. "Community Association" means the Otay Ranch Village One Community Association as defmed in the Declaration of Covenants, Conditions and Restrictions ofOtay Ranch Village One (CC&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment ofthe Owners as further defined in said CC&R's. 11. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No. 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit ofthe successors, assigns and interests ofthe parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land, The burden of the covenants contained in this Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its 3 Lf-I(;,<; own right and for the purposes of protecting the interest ofthe community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided 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 to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries ofthis Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates; to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements ofthis Agreement to the satisfaction ofthe City and such partial release will not, in the opinion ofthe City, jeopardize the likelihood that the remainder ofthe Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: (i) The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; (ii) The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such 4 4 -/610 lot or parcel shall be automatically released fÌ'om the encumbrance hereof. 3. Condition No.1 - (General Preliminary) In partial satisfaction of Condition No.1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended fÌ'om time to time, and shall remain in compliance with and implement the tenns, conditions and provisions of said documents. 4. Condition No.2 - (General Preliminary) In partial satisfaction of Condition No.2 of the Resolution, Developer hereby agrees to all of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the tenn "Developer" shall also mean "Applicant". 5. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer agrees that if any of the tenns, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to deny the issuance of building pennits for the Project, deny, or further condition the subsequent approvals that are derived fÌ'om the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 6. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City hannless fÌ'om and against any and all claims, liabilities and costs, including attorney's fees, arising fÌ'om challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 - (General Preliminary), In partial satisfaction of Condition No.5 ofthe Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 8. Condition Nos. 8,10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, and 11 ofthe Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which (7.778 acres) is intended to satisfy the particular acreage conveyance obligation ofthe Final Maps at a rate ofl.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement. But such obligation may be 5 4-/67 subject to change in accordance with paragraph c below, Any remaining amount shall be credited tow~ds any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance fonnula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance fonnula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be rree and clear ofliens and encumbrances except for easements for existing public inrrastructure and other easements approved by the City or for planned public inrrastructure as pennitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition No.9 - (CEQA). In partial satisfaction of Condition No.9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final ElR 95-01, SPA One Final ElR 97-03, and the accompanying the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Programs. All mitigation measures shall be implemented to the satisfaction of the Environmental Review Coordinator. 10. Condition No. 35. (Transit Facilities). In partial satisfaction of Condition No.35 of the Resolution, the developer agrees to: a. Install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the fonnation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 11. Condition No. 36 (Street Trees). In partial satisfaction of Condition No.36 of the Resolution: 6 Lf -/ 62 a. Developer shall obtain approval ITom the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps if the street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected ITom the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway, 12. Condition No. 37 - (ADA Standards). In satisfaction of Condition No. 37 of the Resolution the Developer agrees that in the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as detennined by Federal Regulations, only after construction has commenced. 13. Condition No. 58 - (NPDES). In satisfaction of Condition No. 58 of the Resolution, Developer agrees to the following: a. Development of the Project shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.), permit requirements for urban runoff and stonn water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Pennit for Storm Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures and shall be subject to the approval of the City Engineer. The developer shall comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project' stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. b. IndemnifY, and hold hannless the City, its elected and appointed officers and 7 V-/61 employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOI08758 Municipal Permit as determined by the City Engineer. 14. Condition No. 86 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 86 of the Resolution, Developer agrees to notify property owners during escrow, by a document to be initialed by the owners, ofthe maintenance responsibilities of the MHOA and their estimated annual cost. Developer further agrees to submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. IS. Condition No. 88 - (Walls on City Property). In satisfaction of Condition No. 88 ofthe Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property, 16. Condition No. 89 - (Maintenance District). In satisfaction of Condition No. 89 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 17. Condition No. 102 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 102 ofthe Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety' of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if any one ofthe following occurs: (i) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 8 4~ / -70 (iii) The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. (iv,) The applicant does not comply with the terms of the Reserve Fund Program. b. To defend, indemnify and hold hannless the City and its agents, officers and employees, !Tom any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 ofthe State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all !Tanchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies !Tanchised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those !Tanchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may !Tom time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any ofthe terms of the Tentative Map Conditions or any Suppl~mental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City hannless !Tom any liability for erosion, siltation or increase flow of drainage resulting !Tom this project. 18. Condition No. 103 - (CMP). In satisfaction of Condition No. 103 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 19. Condition No. 104 - (Previous Agreements). In satisfaction of Condition No. 104 9 Lf~J7/ of the Resolution, the Developer shall comply with all previous Agreements as they pertain to the tentative map. 20. Condition No. 109 - (Growth Management Ordinance). In satisfaction of Condition No. 109 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development ofOtay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifYing financing options for necessary facilities as described in Chapter 9, "Growth Management" ofthe Otay Ranch General Development Plan. 21. Condition No. 114. - (PFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in acco.rdance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside ofthe project area. Throughout the build-out of SPA One, actual development may differ ftom the assumptions contained in the PFFP (i.e., the development of East Lake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps, 10 If-172- 22. Condition No. 115 - (Code Compliance). In partial satisfaction of Condition No. 115 ~f the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 23. Condition No. 116 - (Undergrounding). In partial satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 24. Condition No. 117. - (Payment of Fees). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to pay the following fees in effect at the time of issuance of building pennits in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. f. Otay Ranch Reserve Fund fee. 25. Condition No. 118. - (Regulations; Clean Water Act). In partial satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 26. Condition No. 119. - (Notice of Special Tax). In partial satisfaction of Condition No. 119 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46,020 regarding projected taxes and assessments. 27. Condition No. 122 - (planned Community District Regulations). In partial satisfaction of the Condition No. 122 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 28. Condition No. 123 - (Congestion Management Program). In satisfaction of Condition No. 123 ofthe Resolution the Developer agrees: 11 '-I -I 73 a. To comply with Chapter 19.09 ofthe Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). b. To acknowledge that the City is presently in the process of amending its Growth Management 'Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction ofthe City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 130 - (Guarded entrances). In satisfaction of Condition No. 130 of the Resolution Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around. The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles, 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1,2, 3, 4, 5, 8, 9, 10, 11,35, 36, 37, 58, 86, 88, 89, 102, 103, 104, 109, 114, 115, 116, 117, 118, 119, 122, 123, and 130. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and 12 Lf-j 7L/ provisions therein. 32. Previous Agreemeuts, The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the tenns of the "A" Map Agreement or the Olympic Parkway Agreement, unless specifically noted herein. This Agreement affinns and reflects the tenns, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06A conditions applicable specifically to the Final Maps for the Property. 33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building pennits and all other pennits for the entire SPA One project area, should the Developer be detennined by the City to be in breach of any of the tenns of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building pennits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction ofthe City. 35. Assignability. Upon request ofthe developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion detennines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, pennit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a fonn approved by the City Attorney. 36. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or pennitted 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 U.S. 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 pmpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works 13 '-1-/75 Otay Project, LP 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Otay Ranch Four, LLC 270 Newport Center Dr., Suite 200 Newport Beach, CA 92626 Attn.: Doug Brooks (619) 397-0417 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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 tenus, c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior 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. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals, Exhibits. Any recitals and exhibits set forth above and attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, refonuation, enforcement or rescission hereof, the prevailing party will 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. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] J:IEngineerILANDDEVIOT A YRNCHI VillageOneWestl VI WSouthlSSlA \R56Unit2SSfA.doc 14 Lf-/76 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-56 UNIT 2 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] CITY OF CHULA VISTA Mayor ofthe City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Fonn: John M, Kaheny City Attorney DATED: ,2002 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 L( -I {7 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-56 UNIT 2 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited . ability company, Authorized Member By:d Otay Ranch Four, LLC a Delaware limited liability company ByJJo¿f,aKnß. y (ATTACH NOTARY ACKNOWLEDGMENTS) 16 Lj-/71 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT County of -..... Þ~"'60 } ss. 'i State of California On S~B/!!I& ~ú" ~ before me, Da!e ' ¿II: 'IW/Ø oAAdLI<- Name and Titte of Officer (e. .,"JaneDoe, Notary Public") personally appeared ...,. __..a r. .,....~.c. Name(s)ofSigoer(s) ~rsonally known to me o proved to me on the basis of satisfactory evidence ~~~ - - ~ ~R~ L~C;;'N~ ~O~T; J eommls!lon '" 1260466 i' Nofay P\IbIIc - CoInanla ~ J _ _ _ ~':;~~~t to be the person(~ whose name("Ì- is/e:re subscribed to the within instrument and acknowledged to me that he/s!IeIIhey executed the same in his/I 1'1:,1/'[1 I"';' authorized capacity(ieo}, and that by his/he11ttTeir signature(8j on the instrument the person(~ or the entity upon behalf of which the person(~ acted, executed the instrument. and and offi Q OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ,<:<> / "" .Þ -J"'- t/Mr;¡. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here D Individual D Corporate Officer - Tltie(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: e 1999 Na~onal Notary Association' 9350 Di! Soto Ave_. P.O. Box 2402' Chatsworth. CA 91313-2402' www,natiOl1alnotary_org Prod. No. 5907 Raomer: Call TolI·FTB9 1-800-876·6827 Lj -I í4 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT :;ç&'<'Œ&<'~«£:¢~Y&<'~~~«..('X'~¢~-Œ«~&<".ç('«œ,ç{'~-5X'«Œ.ë<'-<X'-<X~~...ç'{~~¢~~~~..ç,~(; ~ p> ~ State of California } ~ ~ ss. ~ ~ County of Orange 'g fJ ~ !1 ~ ~ On September 26.2002 ,before me, Nicole L. Reichstein. Notary Public ~ ;;:;¡ Date Name and Tille of Officer (e-9·, "Jane Doe, Notary Public") Þ 01 I~ ~" personally appeared Karyle A. Kelly ß,', ~ Name(s)ofSigner(s) i:-S ~ OCJ personally known to me ~ ~ [J proved to me on the basis of satisfactory g ~ evidence ~ ~ to be the person¡sj whose namefet is/af& ~ ~1 subscribed to the within instrument and ,~ ~ Q NICOLE l. REICHSTEIN ~ M ~ ' . Commission' 1331084 acknowledged to me that+telshe/lfteyexecuted ~ ~ ~ Notary Public _ Calilomia ~ the same in l:Ii¡;,£her/tAeif- authorized '$ ~ Orange County - capacity~, and that by ltis#ler/tAei!o g ~,:,' Myeon.n. Ðcpi....Nov 19, 2005 signature~ on the instrument the person(¡;j, or ~'~i"'. ' the entity upon behalf of which the person¡&) b acted, executed the instrument. ~ ~ ~ WITNESS my hand and official seal. I ~ --'ÝÌ., L~. t J)".l./{Ir ~ 9 Place Nolary Seal Above V 7 Slgnatureo/Nota Public ,~ 8 þ ~, ~ 8 > g Document Date: Number of Pages: ~ I Signer(s) Other Than Named Above: ~,... ~ ~ ~ Capacity(ies) Claimed by Signer Þ, ~ Signer's Name: ~ ,~ ~] Individual ~~ o Top of thumb here 0 ~, D Corporate Officer - Title(s): Q ¡:.. [J Partner - r-'::J Limited [J General (\ ~ 0 c [' Attorney in Fact .is 9. c:: Trustee g Þ 1= Guardian or Conservator g ~ [' Other: ~ ~ g ~j Signer Is Represenling _ ~ ~=o{'~"'-'ÇY'Ä 'CG0"Y'4'-c""V'.c" -c("."'0'éV'0'0G"-,"'6,'0G'(',V'0'«'0GÚ,;"'cµy-c,<,",'C"XZ}êX:;«""'i<%<%«Y'~Y''v'''-C'<'Cc,,'('~""-;< V >~ ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: © 1999 National Notary Association· 9350 De SotoAve.. P,O. Box 2402· Chatsworth, CA91313-2402· wwwIJationalnolary,org Prod. No. 5907 Reorder: Call Toll·Free 1·S00-876·6827 LI-jttJ List of Exhibits Exhibit A Legal Description of Property 17 Lf -) ¡ / EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-56 UNIT 2 A PORTION OF LOT 2 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO.1, CHULA VISTA TRACT NO. 98-06A, ACCORDING TO MAP THEREOF NO. 14278 FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 5, 2001 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Lf-/?2- THE A TT ACHED 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 % ~/rl, (;~ ~ . Kaheny City Attorney Dated: /0 - 2-- - 0 }-." SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR FINAL "B" MAPS OF NEIGHBORHOOD R-58 UNIT 2 IN VILLAGE ONE WEST (SOUTH) SPA ,ONE OF THE OTAY RANCH PROJECT 4 -}2a , . , RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) 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 of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS OF NEIGHBORHOOD R-58 UNIT 2 IN VILLAGE ONE WEST (SOUTH), SPA ONE OF THE OTA Y RANCH PROJECT (Conditions: 1,2,3,4,5,8,9,10, 11,35,36,37,58,86,88,89,102, 103, 104, 109, 114, 115, 116,117, 118, 119, 122, 123, and 130 of Resolution No. 2001-119) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of October, 2002, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, OT A Y PROJECT L.P., a California Limited Partnership, Otay Ranch Six, LLC, a Delaware limited liability company, with reference to the facts set forth below, which recitals constitute a part ofthis Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part ofthe Otay Ranch, Village One West, SPA One, a master planned development. For purposes of this Agreement the term "Project" shall also mean "Property". Developer has applied for final map for the Property, more specifically known as Neighborhood R-58 Unit 2. B. Otay Project L.P. conveyed title to Neighborhood R-58 Unit 2 to Otay Ranch Six, LLC on December 27,2001. C. Developer and/or Developer's predecessor in interest has applied for and the City has 1 Lf~ /2'1 , approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 98-06A ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No, 2001-119 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, tenns and conditions herein contained to approve final map ofthe property known as Neighborhood R-58 Unit 2 as being in substantial confonnance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, tenns and conditions contained herein. F. The following defined tenns shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means each of the final maps for Neighborhood R-58 Unit 2 ofOtay Ranch Village One West, SPA One. 2. "commencing construction" means when a construction pennit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. 4. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Project, L.P. and any and all owners of real property within the boundaries ofthe Property, and all signatories to this Agreement including: (i) Otay Project, L.P. (ii) Otay R.anch Six, LLC 5. "guest builder" means those entities obtaining any interest in the Property or a portion ofthe Property, after the Final Map has been recorded. 6. "PFFP" means the SPA One Public Facilities Finance Plan adopted by Resolution No, 19408 as may be amended from time to time. 7. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as amended on July 20, 1999 by Resolution No. 19538 and as may be further amended from time to time. 2 4 -/'£5 , 8. "A Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One West South "A" Map No.1, map number thereof 14278, adopted by Resolution No. 2001-319 approved pursuant to Resolution No. 2001-320. 9. "Community Association" means the Otay Ranch Village One Community Association as defined in the Declaration of Covenants, Conditions and Restrictions ofOtay Ranch Village One (CC&R's) recorded on January 2, 1998 as Document No. 1998-0000749 and all Supplementary Declarations thereto. 10. "Community Common Area" means real property, and improvements situated thereon, owned in fee or leased by the Community Association for the common use and enjoyment of the Owners as further defined in said CC&R's. 11. "Preserve/Owner Manager" is the entity or entities defmed by the RMP 2 with the duties and responsibilities described therein. 12. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. 13. "Olympic Parkway Agreement" means the Agreement for the Financing and Construction of Olympic Parkway and Related Roadway Improvements approved by the City Council on April 20, 1999 by Resolution No, 19410. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P., signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations ofthe master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests ofthe parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden ofthe covenants contained in this Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its 3 Lf-/F6 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 of such covenants running with the land have been provided 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 to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released ITom Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release, Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to peIfonn its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion ofthe Project subject to the Butden of this Agreement, Upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, Upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) ITom Developer's obligation under this Agreement: (i) The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; (ii) The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be perfonned. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable fonn acceptable to the City Manager (or Manager's designee), which confinns the release of such lot or parcel ITom the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such 4 L/--j87 lot or parcel shall be automatically released trom the encumbrance hereof. 3. Condition No.1 - (General Preliminary) In partial satisfaction of Condition No, 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Otay Ranch General Development Plan (GDP), the SPA One Parks, Recreation, Open Space and Trails Plan, the Public Facilities Financing Plan ("PFFP"), Ranch-Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the SPA One Non-Renewable Energy Conservation Plan, as may be amended trom time to time, and shall remain in compliance with and implement the tenns, conditions and provisions of said documents. 4. Condition No.2 - (General Preliminary) In partial satisfaction of Condition No.2 of the Resolution, Developer hereby agrees to all of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes ofthis document the tenn "Developer" shall also mean "Applicant". 5. Condition No.3 - (General Preliminary). In partial satisfaction of Condition No.3 of the Resolution, Developer agrees that if any of the tenns, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to deny the issuance of building pennits for the Project, deny, or further condition the subsequent approvals that are derived trom the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 6. Condition No.4 - (General Preliminary). In partial satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless trom and against any and all claims, liabilities and costs, including attorney's fees, arising trom challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 - (General Preliminary). In partial satisfaction of Condition No.5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA One conditions of approval. 8. Condition Nos. 8, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, and 11 ofthe Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which is intended to satisfy the particular acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, as ofthe date of this Agreement. But such obligation may be subject to 5 LI -j f7 change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance fonnula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance fonnula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be rree and clear ofliens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as pennitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition No.9 - (CEQA). In partial satisfaction of Condition No.9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final EIR 95-01, SPA One Final EIR 97-03, and the accompanying the CEQA Findings of Fact and the Mitigation Monitoring and Reporting Programs. All mitigation measures shall be implemented to the satisfaction of the Environmental Review Coordinator. 10. Condition No. 35. (Transit Facilities). In partial satisfaction of Condition No.35 of the Resolution, the developer agrees to: a. Install Chula Vista transit stop facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the fonnation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 11. Condition No. 36 (Street Trees). In partial satisfaction of Condition No.36 of the Resolution: 6 r 4~/?9 a. Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days ofthe approval of the Final Maps. Developer understands that the City may withhold the issuance of building permits within the Final Maps ifthe street tree improvement plan is not approved within said thirty (30) day period. b. Developer, upon request of the Director of Planning and Building, shall plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The applicant shall provide root control methods per the requirements ofthe Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. 12. Condition No. 37 - (ADA Standards). In satisfaction of Condition No. 37 of the Resolution the Developer agrees that in the event the Federal Govemment adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required be federal law, City ADA standards may be considered vested, as detennined by Federal Regulations, only after construction has commenced. 13. Condition No. 58 - (NPDES). In satisfaction of Condition No. 58 of the Resolution, Developer agrees to the following: a. Development of the Project shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), pennit requirements for urban runoff and stonn water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the Developer shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Pennit for Stonn Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures and shall be subject to the approval of the City Engineer. The developer shall comply with all the provisions ofthe NPDES and the Clean Water Program during and after all phases ofthe development process, including but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer shall design the Project' stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. b. Indemnify, and hold hannless the City, its elected and appointed officers and 7 '-f - ¡q /) employees, fTom and against all fmes, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results fTom any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incUITed by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption or" the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOI08758 Municipal Permit as determined by the City Engineer, 14. Condition No. 86 - (MHOA Maintenance Responsibilities). In satisfaction of Condition No. 86 of the Resolution, Developer agrees to notify property owners during escrow, by a document to be initialed by the owners, ofthe maintenance responsibilities of the MHOA and their estimated annual cost. Developer further agrees to submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 15. Condition No. 88 - (Walls on City Property). In satisfaction of Condition No, 88 ofthe Resolution, Developer agrees to have each purchaser of homes adjoining open space lots containing walls maintained by the Open Space District sign a statement stipulating that they are aware that the walls are on City Property and that the purchasers shall not modify or supplement the wall or encroach onto City Property. 16. Condition No. 89 - (Maintenance District). In satisfaction of Condition No. 89 of the Resolution, Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 17. Condition No. 102 - (Withhold Building Permits and Hold Harmless). In partial satisfaction of Condition No. 102 of the Resolution, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees: a. That the City may withhold building permits for any and all buildings within the Project if anyone ofthe following occurs: (i) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan, as amended fTom time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 8 '-/-/0/ (iii) The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. Program. (iv.) The applicant does not comply with the terms of the Reserve Fund b. To defend, indemnify and hold hannless the City and its agents, officers and employees, rrom any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. To ensure that all rranchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies rranchised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those rranchised cable television companies who are, and remain in compliance with, all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may rrom time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City hannless rrom any liability for erosion, siltation or increase flow of drainage resulting rrom this project. 18. Condition No. 103 - (CMP). In satisfaction of Condition No. 103 of the Resolution, the Developer agrees to the following: a. To participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 19. Condition No. 104 - (previous Agreements). In satisfaction of Condition No, 104 9 L!-/C¡ 2- of the Resolution, the Developer shall comply with all previous Agreements as they pertain to the tentative map. 20. Condition No. 109 - (Growth Management Ordinance). In satisfaction of Condition No. 109 of the Resolution, the Developer agrees, upon the request of the City, to the following: a. Fund the preparation of an annual report monitoring the development ofOtay Ranch as described in Chapter 9, "Growth_Management of the Otay Ranch General Development Plan". The annual report will analyze the supply of, and demand, for public facilities and services governed by the thresholds. b. Prepare a five (5) year development phasing forecast identifYing targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifYing financing options for necessary facilities as described in Chapter 9, "Growth Management" ofthe Otay Ranch General Development Plan. 21. Condition No. 114. - (PFFP). In partial satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, approved by the City Council, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City, Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside ofthe project area. Throughout the build-out of SPA One, actual development may differ ftom the assumptions contained in the PFFP (i.e., the development of EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modifY the sequence of improvement construction should conditions change to warrant such a revision. Developer agrees that concurrent with the approval of the first final map approved after a Public Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA I PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. 10 L/ -/1.3 22. Condition No. 115 - (Code Compliance). In partial satisfaction of Condition No. 115 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. 23. Condition No. 116 - (Undergrounding). In partial satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 24. Condition No. 117. - (Payment of Fees). In satisfaction of Condition No. 117 of the Resolution, Developer agrees to pay the following fees in effect at the time of issuance of building permits in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees, b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DlF as may be adopted by the City in the future. f. Otay Ranch Reserve Fund fee. 25. Condition No. 118. - (Regulations; Clean Water Act). In partial satisfaction of Condition No, 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 26. Condition No. 119. - (Notice of Special Tax). In partial satisfaction of Condition No. 119 of the Resolution, Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 27. Condition No. 122 - (Planned Community District Regnlations). In partial satisfaction of the Condition No. 122 of the Resolution, the Developer agrees that all proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 28. Condition No. 123 - (Congestion Management Program). In satisfaction of Condition No. 123 of the Resolution the Developer agrees: 11 L/ -)<'1'1 a. To comply with Chapter 19,09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). b. To acknowledge that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Condition No. 130 - (Guarded entrances). In satisfaction of Condition No. 130 of the Resolution Guarded entrances shall: a. Require approval by the City Engineer and the Director of Planning and Building. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn-around, The size and location of said turn-around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be equipped with a video camera to record entering and exiting vehicles. 30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,8,9,10, 11,35, 36, 37, 58, 86, 88, 89, 102, 103, 104, 109, 114, 115, 116, 117, 118, 119, 122, 123, and 130. Developer further understands and agrees that some of the provisions herein may be required to be perfonned or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 31. Unfulfilled Conditions. Developer hereby agrees, unless othelWise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established 12 Lf -(q5 by the Resolution and shall remain in compliance with and implement the tenns, conditions and provisions therein. 32. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the tenns of the "A" Map Agreement or the Olympic Parkway Agreement, unless specifically noted herein. This Agreement affinns and reflects the tenns, conditions and provisions of the "A" Map Agreement, and of the Tentative Map 98-06A conditions applicable specifically to the Final Maps for the Property. 33. Recording, This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation ofthe Final Maps. 34. Building Permits. Developer understands and agrees that the City may withhold the issuance of building pennits and all other pennits for the entire SPA One project area, should the Developer be detennined by the City to be in breach of any of the tenns of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building pennits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 35. Assignability. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/her sole discretion detennines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, pennit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a fonn approved by the City Attorney. 36. Miscellaneous, a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or pennitted 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 U.S. mail, certified orregistered 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. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works 13 if -j q b Otay Project, LP 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619) 234-4088 Otay Ranch Six, LLC 270 Newport Center Dr., Suite 200 Newport Beach, CA 92626 Attn,: Doug Brooks (619) 397-0417 A party may change such address for the pmpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 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 tenns. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior 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. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals, Exhibits. Any recitals and exhibits set forth above and attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, refonnation, enforcement or rescission hereof, the prevailing party will 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. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGESI J:\Engineer\LANDDEV\OT A YRNCHlViIlageOneWest\V1 WSouthR-58Unit2SSIA.doc -:."""., ...~. 14 'I -/17 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-58 UNIT 2 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] CITY OF CHULA VISTA Mayor ofthe City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Fonn: John M. Kaheny City Attorney DATED: ,2002 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 '-f-¡ge [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR NEIGHBORHOOD R-S8 UNIT 2 OF THE OTAY RANCH, VILLAGE ONE WEST SOUTH, SPA ONE] DEVELOPERS/OWNERS: OTAY PROJECT, L.P., a California limited partnership By: Otay Project, LLC, a California limited liability company, General Partner By: Otay Ranch Development, LLC, a Delaware limited liability company, Authorized Member By c---:4r Otay Ranch Six, LLC a Delaware limited liability company Byin~ ¡J Kat d-- (ATTACH NOTARY ACKNOWLEDGMENTS) 16 ,/-/q1 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT r~~~~~~=--.-r-1 , :::'"'::- "~' 0 } · I I On ~M'Be. ~ ;>4Io>t..before me, "'~ LNU_ð..._ ~ ,pv4w' Date r Name and Ti~8 of Officer (e.g., "Jdlíe Doe. Notary Public") personally appeared c-', "eC' r;- ~ Name(s)ofSigner(s} i:J-p"ê"rsonally known to me o proved to me on the basis of satisfactory evidence ~--- '" z - J_ - M:R; l;C;;'N~ ~O';AT~ J Commission # 12604ð6 Notary Public - ColifOlTiO J San Diego Coun1y f ~:o:r:~~l:~ to be the person~ whose name~ is_ subscribed to the within instrument and acknowledged to me that he/sRol/lAQ¡l executed the same in his/Rsf,ltheir authorized capacity(ie.s), and that by hisli'mrltheir signature(ot on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. Signatureot Nolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Description of Attached Document SS-I" A- ~~..rø ,,"". r- ~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here D Individual D Corporate Officer - Titie(s): D Partner - D Limited D General D Attorney·in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: © 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworlt1, CA 91313-2402' www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-B76-6827 Lf-?-otJ CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~Œ-2£.~~«i'X'..c<'~..c<'-e<'&'t~~~«,.c;-<'.o.^~'(;'<'~º,~,{,Q?œ~«~«Q'9~~AX''(x''.{'X:.(",,<,.&'(.;.çf'«,ç'tif~g ~ ::~:t:fo~alif::::ge } ss. ~ ~ ~ ª On September 26,2002 ,before me, Nicole 1. Reichstein, Notary Public ß (C;, Date Name and Title of Officer (e.g.. "Jane Doe, Notary Public") ~ ~ personally appeared Karyle A. Kelly :g ~ Name(s) of Signer{s) ~ ~ i!J personally known to me ~ Þ 0 proved to me on the basis of satisfactory ,g ~ evidence g ,q ~,:. o ) j¡ to be the person(-e¡ whose namef&t islaAi ~ ~ }~- - - - ;C;L;L.~E~CH"';;T;IN- r subscribed to the within instrument and h ~ ~ Commission.1331084 [ acknowledged to me that+telshe/\AQy executed ~ ~ ~ Nolsry Public - Callfomia ~ the same in ftis.'her/t-Reifo authorized ~ ~ ~z Orange County t- capacity(~, and that by ~r/lÅeir ~ ?~'.' signaturefe¡ on the instrument the person(¡;j, or ~~'R'~ b.,.'. 1~~My~~Exp~I8I_~1~~ f the entity upon behalf 0 which the person~) acted, executed the instrument. , ~ WITNESS my hand and official seal. ~ H ~ .0 PI,,, NoI"y Se,1 Abo," "~g'''el~o''~ ~ 2 ~ ~ OPTIONAL j~ ~1 Though the information below is not required by law, it may prove valuable to persons relying on the document t~ ~ and could prevent fraudulent removal and reattachment of this form to another document. ~ ~ Description of Attached Document ~ ~.: Title or Type of Document: ~,; (;' Document Date: Number of Pages: </ o ~ (~ ~ ~,.' Signer(s) Other Than Named Above: D Ip~ Capacity(ies) Claimed by Signer I,', . Signer's Name: .. L] Individual Top of themb hme ~ U Corporate Officer - Title(s): ~ ~ U Partner -] Limited U General ~ Ii .~ o [i Attorney in Fact 9" \) C Trustee ~ ~" IJ Guardian or Conservator ~,~,',"' (, LJ Other:, ~ ~ x Þ Signer Is Representing: & g g &;;:5;~~-<,<.:z-',c>(:<'.;z:..:¡.:::.z;'C/.;''<.::Z.'('K~,?~'':<:''<:.(;:'::~(.'0(>('Z.'''Y'><'j,)(,J:,>cz~/~c>('{';::;X::<:D>(;Z;'C?X,"(,'(_".',(~~%'<..".,(><:>":>c-<>(X-,'(~'(,;-(ic.(,~'C:.{;«cz:::_z:.'C{:'L'x,:><:Z¡G(.'ði~ © 1999 Na1ional Notary AS$ocialiol1' 9350 De Soto Ave" P,O. Box 2402 . Chatsworth, CA 91313-2402' www.na!;onalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 L(- - Zo I List of Exhibits Exhibit A Legal Description of Property 17 Lf-2D2 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-58 UNIT 2 A PORTION OF LOT 4 OF OTAY RANCH, VILLAGE ONE WEST "A" MAP NO.1, CHULA VISTA TRACT NO. 98-06A, ACCORDING TO MAP THEREOF NO. 14278 FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 5,2001 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Lf-2a3 COUNCIL AGENDA STATEMENT (.-" Item ~ Meeting Date 10/1/02 ITEM TITLE: Resolution Approving the Final "B" Map ofChula Vista Tract No. 96-04B, Otay Ranch, Village Five, Neighborhoods R-39 Unit 2. Accepting on behalf of the City of Chula Vista, the Assignable and Irrevocable General Utility and Access Easements and Wall Easement granted on said Map within said Subdivision, approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the Mayor to exccute said agreement. SUBMITTED BY: Resolution Approving the "B" Map Supplemental Subdivision Improvement Agreement for Otay Ranch Village Five, Neighborhood R-39 Unit 2, portion of Village Five, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2001-291 and authorizing the ?or to execute Said Agreement Director of Public workf (ff'/ City Manager :'~ (4/5ths Vote: Yes_No~ 9í" REVIEWED BY: On August 28, 2001, by Resolution 2001-291, the City Council approved a Revised Tentative Map for Village 5, Neighborhoods R-30 and R-39 of Otay Ranch, SPA One. On August 27, 2002, by Resolution No. 2002-350, the City Council approved a "B" map for Village 5, Neighborhood R-39 Unit I. The Council will consider the approval of the Final "B" Map for R-39 Unit 2 and associated agrcements. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Final "B" Map for Village 5, Neighborhood R-39 Unit 2 of Otay Ranch Project and associated Subdivision Improvement Agreement, and 2. Resolution approving the "B" Map Supplemental Subdivision Improvement Agreement for Village 5, Neighborhood R-39 Unit 2 ofOtay Ranch Project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is located east of the intersection of East Palomar Street and of Olympic Parkway and within the area ofOtay Ranch Village Fivc. The "B" map consists of85 numbered lots and 23 lettered lots with a total area of 12.700 acres (see Exhibit. 1 ). The final map has been reviewed by the Public Works Department and found to be in substantial eonformance with the approved Tentative Map. Approval ofthe map constitutes acceptance by the City 6-1 Page 2, Item '5 Meeting Date 10/1/02 of all assignable and irrevocable general utility and access easements, and all wall easements within the Subdivision. The developer has executed a "B" Map Supplemental Subdivision Improvement Agreement, which addresses several on-going conditions of the tentative map that remain in effect until individual lots are purchased or conveyed to the homeowners or the homeowners association. The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has provided an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks. The Developer has bonded for and agrees to complete all on and off- site street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. This map has a Preserve Conveyance obligation that is met by the conveyance of open space land and through the Conveyance Settlernent Agreement which was approved on August 27,2002 by Resolution No. 2002-343. ENVIRONMENT AL The City's Environmental Review Coordinator has reviewed the Final Map and has determined pursuant to CEQA Guideline Section 15162 that it is consistent with the Otay Ranch Sectional Planning Area One Plan and Annexation Final EIR (EIR 95-0 I) and the Final Second Tier EIR for the Proposed Otay Ranch SPA One and GDP/SRP Amendments (EIR 97-03). The Final Map will not result in any new environmental effects that were not previously identified, and would not result in a substantial increase in severity in any impacts previously identified. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "B" Map and agreement. Attachments: Exhibit I: Plat - Chula Vista Tract 96-04, Otay Ranch, Village Five, Neighborhoods R-39 Unit 2 Exhibit 2: Developer's Disclosure Statement . Attachment A: Supplemental Subdivision Improvement Agreement (SSIA) Attachment B: Subdivision Improvement Agreement (SIA) J:lengineerlaGENDA\R39 Unit 2 AlI3-jll.DOC 5-d evu-(Q...-r- . ,,' of - -," , 0669 'ON dm L 'ON liNn 531'1153 3:;)3710:) Nèl31S3MHJ.nOS = -, co ~ .., ~ ~ g Q. -! I¿ ~~ IQ. " . 01_ fJ o ~ ~9 :Z:v¡co .., .....;t:- <.Ju ~~~ i!)..Q. ~i!~ o ~~ :t::;;! u~ ~ 07~ " R~ . 9 .., ~ --- è!; :t: ~.b UIOV¡CI ~t4So )..SS:z: -'~ i!s:x:..... o u<.J ~ . ..< 9 It)~ C'I..... , , 0 Q::.... " :.i- ... - ,..... . 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C:n.::¡=:il :::.==~=:. ?l~-n~..,:: C::-~;...si:J!l=:, M::::~::;::- af t.. b::z=::'" ::::;.......,--~S.l::: 5-5 ~:"-:::~'''=''S'G:2';.=..=.2'_·...:·:v3\CO:.."TR..L.c:-.s:-~ZJJ.:~ (3;:'1~== J<~' RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 96-04B, OTAY RANCH, VILLAGE FIVE, NEIGHBORHOODS R-39 UNIT 2. ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENT GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista hereby finds that certain map survey entitled Chula Vista Tract 96-04B OT A Y RANCH, VILLAGE FIVE, NEIGHBORHOOD R-39 UNIT 2, and more particularly described as follows: Parcel 3 of Parcel Map No. 18828 in the City ofChula Vista, County of San Diego, State of California, according to map filed in the Office ofthe County Recorder of San Diego County on October 29, 2001, Area: 12.700 Acres Numbered Lots: 85 Open Space Lots: 2.88 Acres No. of Lots: 108 Lettered Lots: 23 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City ofChula Vista the wall easements, and general utility and access easements for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit ftom the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. 1 5-~ BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by: Approved as to form by: ~þt~ Ì~hn ~qjgy City Attorney John P. Lippitt Director of Public Works J:lattorney/reso/OR fm village 5 R39U2 2 5-7 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ir~a~~ City Attorney Dated: If) - ¿. - 0 )....... SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE 5, R-39 UNIT 2 5-8 Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBIHVISION IMPROVEMENT AGREEMENT THIS AGREEMENl, made and entered into this day of 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and OTAY RANCH V-8, L"",C, 3820 Valley Center Drive, San Diego, CA 92130, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chu~a Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE 5, R-39 Unit 2, CHULA VISTA TRACT 96-048, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista MwÜcipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/oJ: land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the :)ffice of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement "lith City, secured by an approved improvement -1- 5,Q security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work rHquired in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recor:lation of said map by the Council, to enter into this agreemen1: wherein it is provided that Subdivider will install and compl,'~te, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a been approved, as contained in of August, 2001 tertative map of said subdivision sub:iect to certain requirements Re!olution No, 200-291, approved (RTentative Map Resolution"); and has heretofore and conditions, on the 28th day WHEREAS, comnlete plans and specifications for the construction, ins1:allation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00126-01 through 00126-12 inclusive, on file in the office of the City Engineer; and WHEREAS, an "~stimate of the cost of constructing said public improvement" according to said plans and specifications has been submitted and approved by the City in the amount of ONE MILLION FIVE HUNDf:ED SIXTY-FIVE THOUSAND NINE HUNDRED SIXTY- SEVEN DOLLARS AND NO CENTS ($1,565,967.00). NOW, THEREFOR!':, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply wi th all of the terms, conditions and requirements of thE! Tentative Map Resolution; to do and perform or cause to be don,e and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of t'le public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals IR Improvement Work"'); and will furnish the necessary materials therefor, all in !trict conformity and in accordance with the -2- 5-10 " plans and specifications, which documents have heretofore been filed in the OfficE' of the City Engineer and as described in the above Recitals thi~ reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have beeL or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It will cause Improvement to be done approval of is expressly understood and agreed that Subdivider all n"cessary materials to be furnished and all Work r"'quired under the provisions of this contract on or before the second anniversary date of Council the Surdivision Improvement Agreement. 4. It is Jnderstood and agreed that Subdivider will perform said Improiement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready fer occupancy in said subdivision, prior to the issuance of any ce~tificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writi'1g the completion of said public improvements or the portion thereof serving said building or structures approved by the CLty; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the perf-:,rmance of said Improvement Work, Subdivider will conform to ¿lDd abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California appljcable to said work. 6. Subdivide~ further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SEVEN HUND:ŒD EIGHTY-TWO THOUSAND NINE HUNDRED EIGHTY- THREE DOLLARS AND'IFTY CENTS ($782,983.50) which security shall guarantee the filithful performance of this contract by Subdivider and is ,·¡ttached hereto, marked Exhibit "A" and made a part hereof. -3- 5-11 7. Subdivider further agrees to furnish and deliver to the Ci ty of Chula Vist a simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufLciency has been approved by the City in the sum of SEVEN HUNDJ:ED EIGHTY-TWO THOUSAND NINE HUNDRED EIGHTY- THREE DOLLARS AND FIFTY CENTS ($782,983.50) to secure the payment of mater ial and labor in connection with the installation of s'lid public improvements, which security is attached hereto, m,'Œked Exhibit "B" and made a part hereof and the bond amounts a s contained in Exhibit" B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose suff Lciency has been approved by the City in the sum of SEVENTEEN T!lOUSAND SIX HUNDRED SIXTY DOLLARS AND NO CENTS ($17,660.00) to secure the installation of monuments, which security is attach,·,d hereto, marked Exhibit "c" and made a part hereof. 9. It is fu ..ther agreed that if the Improvement Work is not completed withIn the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certificatior of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finane,= that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees ::0 pay to the City any difference between the total costs incurrl"d to perform the work, including design and administration 0:;: construction (including a reasonable allocation of over~ead), and any proceeds from the improvement security. 10. It iS11so expressly agreed and understood by the parties hereto tha:: in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the -4- 5-/~ approved improverrent security in accordance requirements of thE State Subdivision Map Act and the of Title 18 of the Chula Vista Municipal Code. with the provisions II. It is fUJ:ther understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnishec. and other incidental expenses) incurred by Ci ty in connectior with the approval of the Improvement Work plans and installa ::ion of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recorda tion of the Final Map, with Ci ty a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, thE streets, alleys, easements, water and sewer lines within the p"oposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, i t~: agents or employees in the performance of this agreement, and that upon acceptance of the work by Ci ty, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is urderstood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person 0" property occasioned by reason of the acts or omissions of Subdi"/ider, its agents or employees, or indemnitee, related to this ag:eement. Subdivider 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 Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It -5- 5-/3 shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the asslmption 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shaJI become effective upon the execution of this agreement and shalJ remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdiviler agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignabi Ii ty. Upon request of the Subdivider, any or all on-site dutie3 and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/he: sole discretion determines that such an assignment will not: adversely affect the City's interest. The City Manager in hi,¡/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in intErest in place and stead of the original securi ties described herein so long as such substituted securities meet thE' criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 6-/i- SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT OTAï RANCH VILLAGE 5, R-39 Unit 2 CHULA VISTA TRACT 96-048 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. OTAY RANCH V-8, LLC k~U~ e~k~~~~c~f~~-,jLJ- THE CITY OF CHULA VISTA Mayor of the City cf Chula Vista ATTEST ~~-------- .-------- City ClErk Approved as to forrr by City Attorney (Attach Notary Acknowledgment) -7- 5-/5 1\ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 27, 2002 before me, C. Halper Name and Title of Officer (e.g" "Jane Doe, Notary PublicM) personally appeared Ron Baldwin Name(s) of Signer(s) o personally known to me ·OR· ~: proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrume the person(s), or the entity upon behalf of which person(s) ac ed, executed the instrument. l~'iI":'''' , ·t.'H~~~~R· "'1 . ~~' """', COMM #1361951 m :!::, ': Notary Publlc-Caltfornla S! tJ) ~ . . SAN DIEGO COUNTY ,..a. J '. My Comm. Exp. June 23, 2O'1~ ......'::...... .............J' WITNESS my h nd f Notary Public ·························......·········OPTlONAL···...···...···.......................... Though the information below is not required .Dy law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. . '. Description of Attached Docl:lment Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sigl1er(s) Signer's Name: Signer's Name: o o o o o Attorney·in·Fact o Trustee o Guardian or Conservator o Other: individual Corporate Officer Titles(s): Partner· 0 Limited o General RIGHT THUMBPRINT OF SIGNER Top of Thumb here o Individual o Corporate Officer o Title(s): o Partner· 0 Limited 0 General o Attorney·in·Fact o Trustee o Guardian or Conservator o Other: Top of Thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: 5-/fp " LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $782,983.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $782,983.50 Exhibit "c" :mprovement Security - Monuments: Form: Bond Amount: $17,660.00 3ecurities approved as to form and amount by ------------- -------------------- City Attorney Improvement Completie.n Date: Two (2) years from the date of City Council approval of the Subdivision Improvement Agreement. H:\l1ome\attorney\sia\OR V5 R-39 -8- 5-/7 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR OTAY RANCH VILLAGE FIVE, NEIGHBORHOOD R-39 UNIT 2, PORTION OF VILLAGE FIVE, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2001-291 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a "B" Map Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-291. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the "B" Maps Supplemental Subdivision Improvement Agreement for Otay Ranch Village Five, Neighborhood R-39 Unit 2, portion of Village Five, Otay Ranch SPA One, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2001-291, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor ofthe City ofChula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to fonn by John P. Lippitt Director of Public Works John eny City Attorney [J:IA TTORNEYIRESOIssia OR R-39 Unit 2 (September 27, 2002 (2: 13PM)] 5-18 THE A TT ACHED 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 ð: ~ fYl~~ ~ M. Kaheny City Attorney Dated: (0 ~ z..-. - 0 þ--- VILLAGE 5 NEIGHBORHOOD R-39, UNIT 2 OF THE OTAY RANCH PROJECT SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT 5-/9 , " Developer ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) RECORDING REQUEST B '{: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as thi~; is a conveyance to a public agen::y of less than a fee interest for w:'¡ch no cash consideration has been paid or received. Above Space for Recorder's Use VILLAGE 5 NEIGHIIORHOOD R-39, UNIT 2 OF TI-IE OT A Y RANCH PROJECT SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 1, 2, 3,4, 5, 8, 9,10,11,19,22,27,36,37,41,55.56,69,73,74,79,80,82,83, 95,96,97.101,106.108,109,110,112,113,114,116, and 120 of Resolution No. 2001- 291) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of October, 2002, by and between TI-IE CITY OF CHULA VISTA. Californi8 ("City" or "Grantee" for recording purposes only) and OT A Y PROJECT, L.P., a California limited partnership and OT A Y RANCH V -8, LLC, a Delaware Limited Liability Company, (collectively referred hereafter as "Developer" or "Grantor"), with reference to the facts seJ forth below. which recitals constitute a part of 1 his Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista. California, more particular!',' described on Exhibit "A" and attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as Village 5 of the Otay Ranch Project. For purposes ofthi s Agreement the term "Project" shall also mean "Property". B. Developer has requested a final map for Neighborhood R-39 Unit 2 and is described on Exhibit "A" hereto. City is willing, on the premises, security, terms and conditions herein contained to approve the :inal m8p for which Developer has applied as being in substantial 5-~O conformance with the Ten':ative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same or other security, terms and conditions contained herein. C. Developer an:l/or Developer's predecessor in interest has applied for and the City has approved a Tentative Subc.ivision Map commonly referred to as Chula Vista Tract 96-04B ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-291 ("Resolution") on August 28, 2001 pursuant to which it has apI-roved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions. E. On April 20, 1999, the City Council, pursuant to Resolution No. 19410 approved an agreement between the Cit), Developer and a third party entitled "Agreement for Financing and Construction of Olympic ,)arkway and Related Parkway Improvements ("Olympic Parkway Agreement"). F. On January 23,2001, the City Council, pursuant to Resolution 2001-018, approved the Village 5 "A" Map No.3 (Map No. 14147) and Supplemental Subdivision Improvement Agreement therefor by Resolution No. :>'001-019, of which this Final Map is a subsequent subdivision. G. On Novembe' 8, 2001, Otay Project, L.P., a California limited Partnership, sold Village 5 Neighborhood R-',9 to Otay Ranch V-8, LLC, a Delaware limited liability company. 1-1. The followil1 is defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for R-39 Unit 2 of the Otay Ranch Village 5 SPA One. b. "Commencing Construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "Complete Construction" means when construction on said improvement has been completed and the City accepts the improvement. d. "Gue,;t Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. e. "PFFP" means the SPA One Public Facilities Financing Plan adopted by Resolution No. 18286 as nny be amended from time to time. f. "Owner" or "Developer" means the person, persons or entity having a legal or 2 5-~/ an equitable interest in the property or paJis thereof and includes Owner's, successors-in-interest or assignors of any Property. This includes Otay Project, L.P., Otay Ranch V -8, LLC, and any and all owners of real property witbin the boundaries of the Property, and all signators to this Agreement including: 1. Otay Project, L.P. 11. Otay Ranch V-8, LLC g. "Ota) Ranch Parks Agreement" means the agreement pertammg to the construction of parks in Otay Ranch SPA One, McMillin Lomas Verdes and Otay Ranch adopted by Resolution No. 19636 as mHY be an1ended from time to time. h. "Park:> Master Plan" meaJ1S the City-wide Parks Master Plan, subject to future City Council approval. i. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on February 16, 1999 by Resolution No. 19376. J. "A" :\1ap Agreement, means the Supplemental Subdivision Improvemcnt Agreement for Village Five, "A" Map No.3, map number thereof 14147, adopted by Resolution No. 2001-019. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, L.P, signator to this Agreement, represents to the City that it is actir g as the master developer for this Project and expressly assumes performance of the Conveyance obligations set forth in paragraph 8 of this Agreement. Notwithstanding the foregoing, all parties to this Agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its sole cI iscretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement '\.pplicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the :;uccessors, assigns and interests of the parties as to any or all of the Property, as described on Attachment "A", until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is fo' the benefit of the Propeliy and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own 3 5 -;).;'- 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 of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such cOvl:nants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such b :each to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a (. uest Builder, Developer may request to be released from Developer's obligations under this Agree :nent, that are expressly assumed by the Guest Builder. Developer must obtain the written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknow edges that the Burden of the Agreement runs with the land, asswnes the obligations of the Developer under this Agreement, and demonstrates. to the satisfaction of the City. its ability to perform its obbgations wlder this Agreement as it relates to the portion of the Project which is being acquired by tbe Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burdel of this Agreement, upon request by the Developer or its assignce, the City shall release the assign::e of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in th,': opinion ofthe City, jeopardize the likelihood that the remainder of the Burden will not be complev::d. e. Release of Individual Lots. Upon the occurrence of any of the following events. Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit: ii. The conveyance of a lot to a Homeowner's Association; The City shall not witlùlold its consent to such release so long as the City finds in good faith that such release will notjeopar:l.ize the Cily's assurance that the obligations set forth in this Agreement will be performed. At the nquest of the Developer. the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstandiag the foregoing. at the close of an individual homeowner's escrow or conveyance to a homeowner" s association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be autonutically released from the encumbrance hereof. 4 5-~3 3. Condition No.2 - (Generall>reliminary). In satisfaction of Condition No.2 ofthe Resolution, the Applicant agrees to comply with all requirements and guidelines ofthe City ofChula Vista General Plan; the City's Growth·Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Overall Desi;~n Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks. Recreation, Open Space and [rails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the dppropriate department head, with the approval of the City Manager, however, any material modi'ications shall be subject to approval by the City Council. 4. Condition Nil. 3 - (General Preliminary). In satisfaction of Condition No.3 of the Resolution, the Developer a,!,rees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they <re, by their terms, to be implemented and maintained over time, if any of such conditions fail to be'ü implemented and maintained according to their tern;s, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further co "ldition the subsequent approvals that are derived Ü-om the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their viola lion. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by thi': City 5. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the Resolution, the Applicant agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, li'lbilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for and subsequent environmental review for the Project and or any or all entitlements and 'ipprovals issued by the City in connection with the Project. 6. Condition No.5 - (General Preliminary). In satisfaction of Condition No, 5 of the Resolution, the Applicant at'fees the project shall comply with all applicable SPA One conditions of approval, as may be amend(ld from time to time. 7. Condition 1'10. 9 - (CEQA). In pat1ial satisfaction of Condition NO.9 of the Resolution, prior to approval of each Final Map, the Developer shall implement all applicable mitigation measures identified in Final EIR 95-01, SPA One Final EIR 97-03. and the accompanying the CEQA Findings ofFactmd the Mitigation Monitoring and Reporting Programs. All mitigation measures shall be implemen:ed to the satisfaction of the Environmental Review Coordinator. 8. Condition I"os. 9, 10 and 11- (Conveyance Obligation). In partial satisfaction of Condition Nos. 8, and II ofthe Resolution, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grants of Fee Title, of real property in accordance with the RMP 2, a portion of which is intended to satisfy the particular 5 5-;;)~ acreage conveyance obligation of the Final Maps at a rate of 1.188 acres of conveyance per acre of area within the Final Maps, ,IS of the date of this Agreement. But such obligation may be subject to change in accordance with puragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve Ownet/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyancE: formula described in RMP 2, as may be amended by City. Developer acknowledges that the amen:Jed RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That :tllland to be conveyed as described above shall be free and clear ofliens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject 0 f future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, pedestrian parks and slope areas shown on the "A" Map. 9. Condition ]Vo.19- (Monumentation). In partial satisfaction of Condition No. I') of the Resolution, the Applicallt agrees that any proposed monumentation/signage shall be consistent with the SPA One Village Design Plan and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate final map. 10.. Condition No. 22- (Fire Prevention). In partial satisfaction of Condition No. 22 of the Resolution, the Applicant agrees to comply with the requirements of City's Fire Department's policy for Fire Prevention, us may be amended from time to time. In particular, the Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal; and, b. Vehicle access consisting of an asphalt or concrete surface. with a minimum standard width of20 feet de::igned to the satisfaction of the City Engineer, and the Director of Public Works; and, 6 '5 -.;2 5 c. Street signs installed to the satisfaction of the Department of Public Works. The Department of Public Works and Fire Department may approve temporary street signs. Locations and identification oftemporary street signs shall be subject to review and approval by the Department of Public Work:; and Fire Department. 11. Condition N {I. 27- (Fire Prevention). In partial satisfaction of Condition No. 27 of the Resolution, the developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finanœ Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet thJeshold standards adopted by the City ofChula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 12. Condition No. 36- (Trees Installation). In partial satisfaction of Condition No. 36 of the Resolution, the Deve]oper agrees: a. Prior to issuance of the first building permit within the Project. to obtain approval from the Director (If Planning and Building and the City Engineer of a separate street tree improvement plan for the B<lckbone Improvement Plans which includes the final selection of trees. the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities. driveways, inlets and pedestrian ramps. Developer further acknowledges and agrees that the City shall withhold the issuance ,¡fbuilding permits within the "A" Map if the street tree improvement plan is not approved. b. Upon request of the Director of Planning and Building, to plant within all street parkways, trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works. The Developer further agrees to provide root control methods per the requirements of the DirectOl of Planning and Building and a deep watering irrigation system for the trees. 13. Condition ]"10. 37- (American with Disabilities Act). In partial satisfaction of Condition No.3 7 of the R",solution, the developer agrees to construct sidewalks and construct pedestrian ramps on all wa).kways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way, which He in conflict with the standards and approvals contained herein. all such approvals conflicting with those standards shall be updatcd to reflect those standards. Un]css otherwise required by fed en' I law, City ADA standards may be considered vested. as determined by Federal regulations. only af¡er construction has commenced. 14. Condition No. 41- (Not to Install Privately Owned Water) In partial satisfaction of Condition No. 41 of the Resolution. the developer agrees to not install privately owned water. reclaimed water, or other uti lities crossing any public street. This shall include the prohibition of the 7 5 -;)(P installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (i) Apply for an encroachment permit for installation of the private facilities withir. the public right-of-way. (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) Mark out any private facilities owned by the developer whenever work is perfO! med in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b, Shutoff devices as determined by the City Engineer are provided aJ those locations where private facil:ities traverse public streets. 15. Condition No. 55- (N.P.D.E.S.). In partial satisfaction of Condition No. 55 of the Resolution, the Developer a;~rees: a. That the development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (N.P.DES.) permit requirements for urban runoff and storm water disdarge and any regulations adopted by the City ofChula Vista pursuant to the N.P.D.E.S. regulations cr requirements. b. File a Notice ofIntent with the State Water Resources Control Board to obtain coverage under the N.P.D,E.S. General Permit for Storm Water Discharges Associated with Construction Activity and :;hall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post const-uction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. c. To comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after alJ phases ofthe development process, including but not limited to: mass grading, rough grading, cOllStruction of street and landscaping improvements, and construction of dwelling units. d. Design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source polJution. satisfactory to the City Engineer. 8 5*;;;.1 16. Condition No. 56- (N.P.D.E.S Agreements). In partial satisfaction of Condition No. 56 ofthe Resolution, the Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board, including revision of plans as necessary. b. Indemnity, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the 10cal SUSMP by the City for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CASOI08758 Municipal Permit. as detennined by the City EngÎ:leer. d. To not protest the f0l111ation of a facilities benefit district or any other funding mechanism approved by the Cily to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. TI1is agrel:ment to not protest shall not be deemed a waiver of the right to challenge the amount of any assessme1lt, which may be imposed due to the addition of these improvements and shall not interfere with the ri ght of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. 17. Condition !\ o. 69- (Park Land Dedication Ordinance). In partial satisfaction of Condition No. 69 of the Resolution. the Applicant agrees to satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 per residents. Local parks are comprised of community parks and neighborhood parks. 18. Condition No. 73- (Park Land Dedication Ordinance). In partial satisfaction of Condition No. 73 of the ResJlution, the Applicant agrees that the location of the Additional Parkland Obligation (Community Park) shall be within a services radius ofSP A One as defined in the GDP. and deemed acceptable by the Director of Parks and Recreation. The Additional Parkland Obligation (Community Park) may ultimately be aggregated with other parkland, subject to approval by the Director of Parks and Recreation. Upon request of the Director of Planning and Building, the Applicant shall amend the C lay Ranch GDP to reflect the actual location of the community park, and any amendment shall be at t1e Applicant's expense. 9 5'.;) 8 19. Condition No. 74- (Completion of Heritage Park). In partial satisfaction of Condition No. 74 of the Resolution, the Applicant agrees that prior to the issuance ofthe first building permit for either Neighborhood R-30 or R-39, whichever occurs earlier, Applicant shall complete construction of Heritage Park (P-I) in Village One. "Complete Construction" means that construction of Park P-I has been completed to the satisfaction ofthe Director of Parks and Recreation, but shall be priorto and shall not include t:le City's established maintenance period required prior to acceptance of the park by the City for public use. 20. Condition No. 79- (Notification of New Owners of MHO A). In partial satisfaction of Condition No. 79 of the Resolution, the Developer agrees that future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow. 21. Condition No. 80 - (Security for Open Space Lots). In partial satisfaction of Condition No. 80 of the Re;olution, the Developer agrees that for any open space lot within the project for which a rough ¡:rading permit is to be issued prior to the approved Landscape and Irrigation plans for such lot, ::ecurity shall be provided prior to issuance of the rough grading permit. to the satisfaction of the D ¡rector of Planning and Building, City Engineer. City Attorney and Director of Parks and Recreation. 22. Condition ]\ n. 82 - (Walls Maintained by Open Space District). In partial satisfaction of Condition No, 820fthe Resolution, the Developer agrees to ensure that all buyers of lots adjoining open space .ots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. The Developer hereby further agrees that, pursuant to a revocable license hereby issued by the City to the Otay Ranch rive Community Association ("Community Association") granting the right to enter Public Open Space Parcel C of Map No. 18828 for purpose of graffiti removal from the side of the wall fronting the Property. 23. Condition ]\ n. 83 - (Agree to Maintenance District). In partial satisfaction of Condition No. 83 of the Resolution, the developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to 'the subject subdivision. 24. Condition No. 95- (Supplemental Agreement with the City). In partial satisfaction of Condition No. 95 of the R:~solutjon, the Developer understands and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of its Project. Therefore Developer agrees 10 '5 ~~'1 a. That tile City may withhold building pell11its for the subject subdivision if any one of the following occur: (i). Regi:mal development threshold limits set by a future transportation phasing plan for the City of Chula V [sta, as amended from time to time, have been reached, or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. (ii). Trafllc volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. (iii). The :required public facilities, as identified in the PFFP or as amended or otherwise conditioned have '"lot been completed or constructed to the satisfaction of the City. The developer may propose chan,~es in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building an:! the Public Works Director. (iv.) The Developer does not comply with the terms of the Reserve Fund Program. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Plmming Commission, City Councilor any approval by its agents. officers, or employees with regard to this subdivision pursuant 1:0 Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of an:.' claim, action or proceeding and on the further condition that the City fully cooperates in the defen:,e. c. To cnsure that all frm1chised cable television companies ('"Cable Compm1y") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies frm1Chised by the City ofChula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, m1d remain in compliance with, all other rules, regulations, ordinances and procedures regulating a1d affecting the operation of cable television companies as same may have been, or may from timc to time be issued by the City of Chula Vista. d. Th¡¡t the City may withhold the issuance of building permits for the Project. should the Developer be detl'lrmined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Suprlemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. e. To hold the City harmless ti-om any liability for erosion, siltation or increase flow of drainage resulting from this project. 11 6-30 25. Condition No. 96- (CMP Agreement). In partial satisfaction of Condition No. 96 of the Resolution, the Developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financia] program adopted by SANDAG to cornply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 26. Condition]\1 o. 97- (Compliance with Previous Agreement). In partial satisfaction of Condition No. 97 of the Resolution, the Applicant agrees to comply with all previous Agreements as they pertain to the tentative map. 27. Condition No. following: Condition 1\0. 101- (Fund Annual Monitoring Report). In partial satisfaction of 101 of the Resolution, the Developer agrees, upon the request of the City, to the Pursuant to the provisions ol'the Growth Management Ordinance (Section 19.09 of the CYMC) and the Otay Ranch General De.'elopment Plan (GDP). and as they may be amended from time to time. the Developer shall comple! e the following: (]) Fund the preparation of an annual report monitoring the development of the community ofOtay Ranch, which will analyze the supply o( and demand for. public facilities and service:: governed by the threshold standards. Developer further agrees that an annual review shall be commenced by Developer following the first fiscal year in which residential occupancy occurs and is to :>e completed during the second quarter of the following fiscal year and that the annual report shall "dhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) The Developer further agrees to prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates. corresprmding public facility needs per the adopted threshold standards. and identifying financing options for necessary facilities.. 28. Condition 1'10. 106- (Compliance with the Municipal Code). In pa¡1ial satisfaction of Condition No. ] 06 of the Resolution, the Developer agrees to comply with all applicable sections of the Chula Yista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisi :ms of the Subdivision Map Act and the City of Chula Yista Subdivision Ordinance and Subdivision Manual. 29. Condition r';o. ] 08- (Fees to be Paid). In partial satisfaction of Condition No. 108 of the Resolution, the Develo¡ ,~r agrees to pay the following fees in accordance with the City Code and Council Policy, as may be "mended from time to time: a. The fransportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. 12 5-3/ c. All applicable sewer fees. d. Interin SR-I25 impact fee. e. Poggi Canyon Sewer Basin DIF. Pay the amount of said fees in effect at the time of issuance of building permits. 30. Condition Nil', 109- (Compliance with Federal, State and Local Regulations). In partial satisfaction of Condit on No. 109 of the Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing 111 required testing and documentation to demonstrate said compliance as required by the City Engineer. 31. Condition]'l, 0.110- (Notice of Special Taxes and Assessments). In partial satisfaction of Condition No 110 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit the disclosure form for approval by the City Engineer prior to Final Map approval. 32. Condition Nil.] 12- (Landscape Manual). In partial satisfaction of Condition No. 112 of the Resolution, the Applicant agrees to comply with all aspects of the City of Chula Vista Landscape Manual. 33. Condition No. 113- (Consistent with SPA). In partial satisfaction of Condition No. I 13 ofthe Resolution, the D:~veloper agrees that all proposed development shall be consistent with the Otay Ranch SPA One Plimned Community District Regulations. 33. Condition N n. ] ]4- (Growth Management). In partial satisfaction of Condition No. 114 of the Resolution, the Applicant agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The Developer further ackt1(,wledges that the City is presently in the process of amending its Growth Management Ordinance to ,dd a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adcpted threshold standards (particularly traffic) prior to construction of State Route 125. Said pro"isions will require the demonstration, to the satisfaction of the City Engineer, of sufficient stre-et system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 13 5..3;). 35. Condition )\'0. 116- (Guarded Entrance Staffing and Barriers). In partial satisfaction of Condition Ne,. 116 of the Resolution, the Developer agrees that guarded entrances shall not have physical barrÎfrs. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the Applicant d,:termines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 36. Condition No. 120- (Guarded Entrance Design). In partial satisfaction of Condition No. 120 of the Resolution, the Developer agrees that guarded entrances shall: Building. a. Requ re approval by the City Engineer and the Director of Planning and b. Provi:le sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provi de a turn-around. The size and location of said turn-around shall be approved by the City Enginœr. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant to be shown on appropriate grading and/or improvement plans, which is to be retained as a parking space for so long as the guarded entrance is retained. f. Be ec uipped with a video camera to record entering and exiting vehicles. 37. Satisfaction of Conditions. City agrees thaI the execution of this Agreemcnt constitutes satisfaction or pmtial satisfaction of Developer's obligation of Condition Nos. 2, 3, 4. 5. 9,8, ] 0, ] 1, ] 7, ] 9.22,36, 37,39,41. 55, 56, 69, 73, 74, 79, 80. 82. 83, 95, 96. 97. 10], ] 06, 108. 109, ] ] 0, ] ] 2, ] ] 3. ] 14, II (', and 120 of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final map;: for the Project, as may be appropriate. 38. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 200 I-I 19 and shall remain in compliance with and implement the terms. conditions and provisions therein. 39. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or olherwise negatively impact the terms of the "A" Map Agreement. unless specifically noted herein. This Agreement affirms and retlects the terms, conditions and provisions ofthe "A" Map Agreement, ;md of the Tentative Map 96-04 conditions applicable specifically to the Final Maps for the Property 14 5·33 40. Olympic Pal'kway Agreement. The parties do not intend by this Agreement to modify or amend in any way :he Olympic Parkway Agreement. To the extent of any inconsistencies between this Agreement and the Olympic Parkway Agreement with regard to obligations specifically set forth in the Olympic ParLway Agreement, the Olympic Parkway Agreement shall control. 41. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map 42. Building Pelmits. Developer understands and agrees that the City may withhold the issuance of building permit~ and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any ofthe terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Develop'::r further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or Gonstructed to the satisfaction of the City. 43. Assignabilit,¡'. Upon request of the developer, any or all on-site duties and obligations set forth herein 11lay be assigned to developer's successor in interest if the City Manager in his/her sole discretion de1:ermines that such an assignment will not adversely affect the City's interest. The City Manager ill his/her sole discretion may, if such assignment is requested, permit a substitution of securities by Ihe successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a form approved by the City Attorney. 43. Miscellaneo lIS. 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 pariy to wh:,m it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first- class postage prepaid, addnssed 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. cn Y OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attll: Director of Public Works 15 5-3t Developer: Ota) Project, L.P. 350 West Ash Street, Suite 730 San Diego, CA 92101 Attention: Charles T. Cater Ota) Ranch V -8, LLC 3820 Valley Center Drive San Diego, CA 92130 Attelltion: Ron Baldwin A p,rty may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Capjons. 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 contains the entire agreement between the parties regarding the sub.l'~ct mat1er hereof Any prior 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 oth'~r agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals and Attachments set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, c::nforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other fqr an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing pa¡1y" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PACE IS PAGE ONE OF TWO SIGNATURE PAGES] J:\Enginccr\LANDDEV\JN\2()OI\OTAY RCH VILLAGE 5\VIL 5 NEIGH R·39\FINAL MAP\SSIA CONDITION Fina!.doc 16 5-35 [PAGE ONE OF TWO;;IGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE FIVE R-39, UNIT 2] IN WITNESS WHEREOF, 1he parties hereto have caused this Agreement to be executed the day and year first hereinabove s¡,t forth. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow City Clerk Approved as to FOrD1: John M. Kaheny City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 17 5·3~ [P AGE TWO OF TWO ~;:IGNA TURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEME'H AGREEMENT FOR VILLAGE 5 R-39, UNIT 2] DEVELOPERS/OWNERS: OT A Y PROJECT, L.P., a California limited partnership By: ütay Project, LLC, a California lin . te liability ;;ompany, General Partner By: By: ,- By: (mt).ßJj I.J:" ,/ ¿J~'7;J e/\ r 18 5~31 " CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On September 27, 2002 !iefore me, C. Halper Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared Ron Baldwin Name(s) of Slgner(s) D personally known to me -OR- ¡g proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislherltheir signature(s) on th instrument the person(s), or the entity upon behalf of which th p rson( t d, executed the instrument. ~. . . ¿: . .. ....~.·H~~~~~ . ·"t ) @,........,COMM.#1361951m ~:, ": Notary Publl('.·Callfornl il ~ fß ,.. . SAN DIEGO COUNTY ~ J T' :~ T T . ~.c~~~.~P:J.U~'.2~1:::~ -----------------·..---------------------OPTlONAL----------------------------------------- Though the information below is not required :¡y law, it may prove valuable to persons relying on the document and Gould prevent fraudulent removal and reattachment of this form to another document. . '. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Siglller(s) Signer's Name: Signer's Name: D D D D D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Individual Corporate Officer Titles(s): Partner - D Limited D General R!GHT THUMBPRINT OF SIGNER Top ofThumb here D Individual D Corporate Officer D Title(s): D Partner - D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Top of Thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: S~38 CALIFORNIA ALL·PURPII)SE ACKNOWLEDGMENT 1:';'=_~Æi,*i{_Yð'<%'~Æi<'&i'&t'.h__'<?~__&i'__.&.~Ao~~"'==='<i("Ç'?=",,-.<',çç.çé'=~,~: I State of califOrnia} ~ ~ County of ~ ,þ"'¡;<<:Oþ ss. ~ I~'I"~"I On GEifIVrf"'8I!fN.D'''''''," ~,_~'IJðz.._..__ before me, u.t:.I~¿.wÃ1t) ¿. :~,,'01'.':1 ' ~ Name and Tille of OHiear 6.9.. 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'- -- - -- -- signature(er on the instrument the person(~ or ~~i'~.'1 the entity upon behalf ot which the person(~ . acted, executed the instrument. ~ ~ I g ~ ~ ~ ~ i~ ~ ~ ~ ~ ~ g § ,~ ~ ~ ,g ~ ,"':"''''<?-K~~~~~'Ç¡''''''~4<O''~''¡'Y'''¡;'''<;''*''~'<M~''~~'''~~''¡;~''¡'Y'-'ò'<''.!v""",'<M'<'0'''-'ò'C'4é''''<Y!~ I' I' OPT/ONAL Though the information below i..~ not required by law. it may prove valuable to persons relying on the document and could prevent In IJdu/ent removal and reattachment 01 this form to another document Description of Attaclled Document Title or Type of Documen1: s.r-,,,," ,e -:aF v",.r :z. .------------- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimnd by Signer Signer's Name: I I I' I I D Individual [] Corporate Officer - Tille(s): __~ II Partner - U Limited II General D Attorney-in-Fact lJ Trustee o Guardian or Conserva~or U Other: . TopoltllUlllbl1ew ---,-- -~.~--- I' Signer Is Representing:_. ----._-- © 1999 National Notary Assoclalion' 9350 De SoloAv€ , P,O, Box 2402' Chalsworth, CA 91313-2402' www.nalionalnotary.org Prod. No 5907 Roordm Call TolI-Froe '-800-876-6827 '5- '3 '1 List of Exhibits Exhibit A Legal Description of Property 19 5-tfo EXHIBIT "A" A PORTION OF PARCEL:; OF PARCEL MAP NO, ]8828, IN THE CITY OF CHULAV]STA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNT'i RECORDER OF SAN DIEGO COUNTY OCTOBER 29, 2001, 20 5 ~'f/ COUNCIL AGENDA STATEMENT Item Meeting Date 10/8/02 ITEM TITLE: Resolution Approving Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 8, Unit 3 Final Map; accepting on behalf ofthe City ofChula Vista the various public easements, all as granted on said map within said subdivision, and approving the Subdivision Improvement Agreement for the completion of improvements required by said Subdivision and authorizing the Mayor to execute said Agreement. Director of Public Works ~ City ManagerC ~ a/ ¡" D\ (4/5ths Vote: Yes_No X) SUBMITTED BY: REVIEWED BY: On October 6, 1992, by Resolution 16834, City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 92-02, Salt Creek Ranch ("Projcct"). The Final Map for Neighborhood 8, Unit 3, and the Subdivision Improvement Agreement ais now before Council for consideration and approval. The Supplemental Subdivision Improvement Agreement for the project was approved by Resolution 2001-105. The developer is McMillin Rolling Hills Ranch, LLC. This map for 45 Dwelling Units will bring Rolling Hills Ranch (Salt Creek Ranch) to 1,663 EDU's, effectively reaching their traffic cap of 1,665 EDU's prior to SR-125 construction. RECOMMENDATION: That Council adopt the resolution approving the Final Map, the Subdivision Improvement Agreement and authorizing the Mayor to execute said Agreement for Salt Creek Ranch, Neighborhood 8, Unit 3. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: Final Map Neighborhood 8, Unit 3 of the Salt Creek Ranch Development (also known as the Rolling Hills Ranch Development) is generally located south of Proctor Valley Road and east of Hunte Parkway (see Attachment 1). The final map includes all private streets overlayed with a City ofChula Vista assignable and irrevocable general utility and access casement. This map contains 45 single family detached residential lots, 4 lettered private street lots, and two lettered lots ("A" and "B"). The total acreage is 19.189 gross acres. The final map for the subdivision has been reviewed by the Department of Public Works and Department of Planning & Building and found to be in substantial confonnance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all easements within the subdivision. There are no public streets to be accepted by the City. ¿,~, / Page2,Item t, Meeting Date 10/1102 Traffic Issues The Salt Creek Tentative Map area is subject to a traffic cap 01'1,665 EDU's until the construction of SR-125. This traffic cap was approved by Council on June 13,2000 by Resolution 2000-190. This map is will bring Rolling Hills Ranch (Salt Creek Ranch) to 1,163 EDU's, effectively reaching their traffic cap of 1,665 EDU's prior to SR-125 construction. Final Map Agreement The developer has executed the Subdivision Improvement Agreement for the map and has provided bonds to guarantee construction of the required improvcments and monumentation. The developer has paid all applicable PAD fees. The Subdivision Improvement Agreement is attached and bonds are on file in the office of the City Clerk. The improvement securities to guarantee labor, material, faithful perfonnance, and monumentation are as follows: Public Improvements Labor & Materials Faithful Monumentation Performance Neighborhood 8, Unit 3 $175,000.00 $175,000.00 $8,500 The Supplemental Subdivision Improvement Agreemcnt for Neighborhood 8, Unit 2 (Resolution 2001-105) encompassed the area of Unit 3 and "runs with the land" to satisfy Tentative Map Condition Nos. 1,2,3,4,13,14,27,55,60,61,69,70,71,73,83,87,93,94, 102, 108, 121, 123, 124,125 and·126 of Resolutions 16834 and 2000-190 for Chula Vista Tract No 92-02, Salt Creek Ranch. Resolution 2000-190 limits the number of units which may be mapped before certain street improvements have been constructed. This map is in compliance with the threshold set forth. Environmental The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has deternlincd that the proposed project was adequately covered in previously adopted Salt Creek Ranch SPA Final Supplemental Environmental Impact Report (EIR-91-03). Thus, no further environmental review or documentation is necessary. The Developer's Disclosure Statement is attached as Attachment 2. FISCAL IMPACT: None to the General Fund. All staff costs associated with processing of Improvement plans and final maps will be reimbursed Irom the Developer's deposits. Attachments: Attachment I: Attachment 2: Attachment 3: Plat- Salt Creek Ranch Neighhorhood 8, Unit 3 Developer's Disclosure Statement Subdivision Improvement Agreement EngineerlAgenda ICASFMRHRN8U3 .doc / , ) fp" ..c..... SALT CREEK NEIGHBORHOOD 8 UNIT ~ II ~ HUNSAKER & ASSOCIATES SAN DIE G 0, IN C RANCH 3 o 400 ~ SCALE 800 I 1"=400' 12QO I \ \ / \( /~ \ \ PLANNING 1017Y Hl.lenneken5 Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(f!S6)558·4S00· FX(858)558·1414 R:\0179\CITY OVERLAY N8U3 - Wo. 7413-47 --6 /IU.AL.......J.' f THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 10 1-0 1, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or fmancial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. McMillin Rolling Hills Ranch, LLC 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. McMillin Companies, LLC Merced Partners, L.P. 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identifY every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Frank Zaidle Dave Gatzke Bob Pletcher Torn Tomlinson Tomas Romero Ken Baumgartner 5. Has any person" associated with this contract had any financial dealings with an official"" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_No~ ~'1 Afl-ac~~ d-. ¡fYes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X ¡fYes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of DirectorsÆxecutives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes_No~ _ ¡fYes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No X ¡fYes, which official** and what was the nature of item provided? Date: / ;:i:::. ~ --- ~ ~ I ¡I.P S;¡;;fi¡re of Contractor/ Applicant Tom Tomlinson Print or type name of Contractor/Applicant * Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee ofthe City, employee, or staff members. H:\HOME\ENGlNEER \ADMIN\CONTRACT\DISCLOSE.DOC ~-s- RESOLUTION NO. 2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO.92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNIT 3 FINAL MAP; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 92-02, SALT CREEK RANCH, NEIGHBORHOOD 8, UNIT 3, and more particularly described as follows: Lots "D", "T" and "U" of Chula Vista Tract No.92-02 Salt Creek Ranch Neighborhoold 8, Unit 2 according to Map 14193 in the City of Chula Vista, County of San Diego, State of California, filed in the office ofthe County Recorder of San Diego County on April 24, 2001. Area: 19.189Acres Numbered Lots: 45 Open Space Lots: 0.542 Acres No. of Lots: 51 Lettered Lots: 6 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the various easements, all as granted on said map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. (p-& BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista IS hereby authorized to execute said Agreement on behalf of the City of Chu1a Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works @ ~ J~ City Attorney J:lattorneylresolSCRFinal Map N8U3 2 0-1 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL f~5}ÎiL C~ ohn M. Kaheny City Attorney Dated: q -- ( ¿ r- 0 L. SUBDIVISION IMPROVEMENT AGREEMENT FOR CVT 92-02 SALT CREEK RANCH,' NEIGHBORHOOD 8 UNIT 3 6-f I' Recording Requested by: CITY CLERK When Recorded, Mail to: 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 of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2002, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and McMILLIN ROLLING HILLS RANCH, LLC, a Delaware limited liability company, 2727 Hoover Avenue, National City, California 91950, hereinafter called "subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SALT CREEK RANCH NEIGHBORHOOD 8 UNIT 3 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an al ternati ve thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and (0-7 ," WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 00-02501 through 00-02532 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of THREE HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($350,000). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been f;;'led in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. J,\Attorney\SIA\SALTCREK.8.doc 2 6-;0 ,^ 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($175,000) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($175,000) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHT THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($8,500.00) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "CO and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of. the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of J,\Attorney\SIA\SALTCREK.B.doc 3 ~-I/ " completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid,the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security . Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any J,\Attorney\SIA\SALTCREK.8.doc 4 (p-/~ i' and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be' required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions 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 subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. J,\Attorney\SIA\SALTCREK.8.doc 5 (, -/3 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT SALT CREEK RANCH NEIGHBORHOOD 8 UNIT 3 CHULA VISTA TRACT 92-02 IN WITNESS agreement to be forth. WHEREOF, the parties hereto have caused this executed the day and year first hereinabove set THE CITY OF CHULA VISTA McMILLIN ROLLING HILLS RANCH, LLC a Delaware Limited Liability Company Mayor (~ Mtrµ?M) Name: Title: ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) J,\Attorney\SIA\SALTCREK.B.doc 6 (p ~/1' y LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $175,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $175,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $8,500.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement. J, \Attorney\SIA\SALTCREK. B .doc 7 fR -1$ Signature Block for McMillin Rolling Hills Ranch, LLC City of Chula Vista - Subdivision Improvement Agreement Salt Creek Ranch Neighborhood 8 Unit 3, Chula Vista Tract 92-02 McMILLIN ROLLING HILLS RANCH, LLC a Delaware limited liability company By: McMillin Management Services, L.P., a California limited partnership Its; Manager By: Corky McMillin Construction Services, Inc. a California corporation Its: General Partner By: _~Q~~ Its: -:;V~ By: ~A,l~ Its: V V P } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On C '21 02 , before me, Dawn 8, Mendoza, Notary Public personally appeared ~nY'¿f/I. :J.Su-~ 0...#- Tho~.4. fV II...... personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature ~ tô ~ r:"~ZA1 ~@ COMM.# 1289356 ¡¡¡ ~ . ,- . NOTARY PUBLlC-CAUFORNtA :E SAN DIEGO COUNTY ..... ~ . ., .." MY COMMISSION EXPIRES JAN 30. 2005 .1 -.....~-"--.....~~-~~-- This area for official notarial sea! &:>~/&, COUNCIL AGENDA STATEMENT Item Meeting Date: 10/8/02 Resolution Accepting bids and awarding contract for the "Phase IV of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-2I9)" project to Don Kelly Construction, Inc. in the amount of$2,769,059.00. SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager~~jI/ ITEM TITLE: (4/Sths Vote: Yes_NoL) On Wednesday, September 4, 2002 at 2:00 p.m., the Director of Public Works received sealed bids for the "Phase IV of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-2I9)" project. The work for this project includes the installation of various sizes of trunk sewer line pipe primarily ranging in size from 20-inches to 24-inches in diameter. The project extends northerly from the upstream end of the existing Salt Creek sewer line installed as a joint project with SDG&E's Pipeline 2000 project to the existing Olympic Parkway Sewage Pump Station. The installation of the trunk sewer line will utilize open-trench methods. "Phase IV of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-2I9)" project is the third of four construction phases that will ultimately complete the construction of the overall Salt Creek Gravity Sewer Interceptor project. The approval of the resolution tonight before Council will award the contract to Don Kelly Construction, Inc. for the construction of "Phase IV of the Salt Creek Gravity Sewer Interceptor" project. RECOMMENDATION: That Council accept bids and award the contract for the "Phase IV of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-2l9)" project to Don Kelly Construction, Inc. in the amount of $2,769,059.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Phase IV of the Salt Creek Gravity Sewer Interceptor The "Phase IV of the Salt Creek Gravity Sewer Interceptor" project is the third of four construction phases that will ultimately complete the construction of a trunk sewer line from the Eastlake and Rolling Hills Ranch subdivisions to the City of San Diego Metro Interceptor located west of Interstate 5 (See Exhibit "I" for details). Phase I of the Salt Creek project (from Industrial Boulevard to just west of Interstate 805) is the first construction phase and is nearing completion. 7-/ Page 2 of 4, Item Meeting Date tJ 10/8/02 Phase II of the Salt Creek project, which is in the final design stage, comprises of the downstream segment of the project (which basically extends along Main Street from Industrial Boulevard to just west ofInterstate 5) is currently scheduled to be completed by April 2003. Phase III of the project (which basically extends along Main Street trom immediately west of Interstate 805 to Heritage Road, then heads easterly and northerly along a dirt road and finally tenninates at the downstream end of the existing Salt Creek Sewer line that was installed as a joint project with SDG&E's Pipeline 2000 project) has been awarded for construction and is scheduled to begin in September 2002 and completed by February 2003. The segment of the Salt Creek Trunk Sewer designated as Phase IV, which is before Council tonight, includes the segment from the upstream end of the existing Salt Creek sewer line installed as ajoint project with SDG&E's Pipeline 2000 project to the existing Olympic Parkway Sewage Pump Station. The approximate length of this segment of the trunk line is 6,600 feet and includes various sizes of trunk sewer line pipe primarily ranging in size from 20-inches to 24- inches in diameter. Since, this section of the Salt Creek alignment passes through the most environmentally sensitive area of the Salt Creek Canyon, the project was designed with a dual pipe system to provide redundancy. Based on the design, the system would require minimal maintenance. This was done to restrict human activity in the canyon due to maintenance activity. The system was also designed to include the installation of a SCADA (Supervisory Control and Data Acquisition) system that allows staff to remotely monitor flow in the system. The installation of the trunk sewer will utilize open-trench methods. Project Advertisement and Bid Results Dudek and Associates, Inc. of Encinitas, California, prepared the plans and technical specifications for the "Phase IV of the Salt Creek Gravity Sewer Interceptor" project. The City's Infrastructure Design section prepared and advertised the proj ect for bidding. A mandatory pre-bid meeting was held for the project on August 20, 2002 to review the requirements of the project and to receive any questions or concerns regarding the plans and specifications from the prospective contractors bidding on the project. Attendance by said contractors at this meeting was required in order to be eligible to submit a bid for the project. Staff received and opened bids on Wednesday, September 4, 2002 at 2:00 p.m. The lowest responsive bidder for the project was based on the contractor who submitted all required documents detailed in the contract documents and who submitted the lowest base bid for the project construction. Bids from six (6) contractors were received as follows (Bids sorted by the base bid amount): CONTRACTOR BASE BID (Salt Creek Sewer, Phase IV) I. Don Kelly Construction, Inc. $2,769,059.00 2. T.C. Construction, Inc. $2,994,133.35 7-.2... Page 3 of 4, Item Meeting Date .rft ! 10/8/02 3. Vadnais Corporation $3,091,080.30 4. Kenko Inc. $3,154,901.00 5. Arrieta Construction $3,511,837.36 6. BRH-Garver, Inc. $4,095,244.00 Staffreceived excellent bids for the project. The total low bid rrom Don Kelly Construction, Inc. is below the Engineer's estimate of $4,573,083.00 by $1,804,024.00 or approximately 39.4%. The Engineer's estimate was based on average unit prices for similar types of work completed recently. City staff has seen a recent trend with bids coming in below the Engineer's estimate, which seems to indicate that the construction industry is once again becoming more competitive. Staff will incorporate the unit price bid results into our database for future project estimates. Engineering staff checked several of the references provided by the contractor. All references checked were verified and their work has been satisfactory. The Contractor's License Number for Don Kelly Construction, Inc. is 797294 and it is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to Don Kelly Construction, Inc. in the amount of $2,769,059.00. Ri2ht of Way On June 4, 2002, by Resolution No. 2002-188, Council initiated eminent domain proceedings to acquire the required easements from property owners along the path of the alignment of the Salt Creek Gravity Sewer Interceptor. Since then, the City's Acquisition's Agent has worked with the property owners to acquire the needed right-of-way for just compensation. Since that time, the affected property owners have granted to the City of Chula Vista the needed right-of-way for the construction of the project. Environmental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the proposed project was adequately covered in the following previously adopted CEQA documents: Environmental Impact Report EIR 01-03; Addendum ·to EIR 01-03, dated June I, 2001; and Second Addendum to EIR 01-03, dated May 22, 2002. Thus, no further environmental review or documentation is necessary. Disclosure Statement Attachment "A" is a copy of the contractor's Disclosure Statement. Prevailin2 Wa2e Statement The project is currently funded utilizing Salt Creek Sewer Gravity Basin Development Impact Fees and Trunk Sewer Capital Reserve Funds. 7-3 Page 4 of 4, Item Meeting Date 1 10/8/02 Bascd on thc funding sources utilized, no special Disadvantage Business Enterprise (DBE) and/or minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Based on the current project funding guidelines, the contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Don Kelly Construction, Inc.) $2,769,059.00 B. Contingencies (10%) $276,905.00 C. Staff Costs (Administration and Inspection) $100,000.00 D. Consultant Costs (Soils, Materials & Storm Water Testing) $50,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $3,195,964.0 FUNDS A V AIL ABLE FOR CONSTRUCTION A. Salt Creek Gravity Sewer Project Account (SW219) - Salt Creek Sewer DIF $3,195,964.00 and Trunk Sewer Capital Reserve Fund TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $3,195,964.00 The above action of awarding the contract will authorize a total expenditure of $3,195,964.00 fTom the budgeted CIP project. Maintenance The City will be solely responsible for the maintenance of the trunk sewer line. Any maintenance or future replacement of the pipe will be achieved utilizing the Sewer Facilities Replacement Fund. There are currently adequate funds in the fund to fund the maintenance of the trunk line. Exhibit: 1 - Salt Creek Sewer Interceptor - Delineation of Construction Phases Attachment: A - Contractor's Disclosure Statement COPY TO FIL.E, 073S-IO-SW219 J:\Engineer\AGENDA \Salt-Creek-PhaseIV -A ward.get.doc 9/26/02 11:4] :20 AM 7-tf " ~'----, "---r ~O °e ~ tfIIi'l Jìl , , ;,s' " uJ ------.. ..'; '--',--- o e - õã ..~ ij: = = :lilt = «I U .. .... U- .= u =F/'15 .. en ~ ~ /,' .all .e\ iiII·..·/.. 5 ~ ... -=J.... _ '""~ ..... .....- .....', U e fA _, c!5 g.. IE ....u =~ - 1IIIif.. N ~o \ 0- ~ -(-:- ~ l.-.-- \ g . õõ ..~ 5~ :-- __.-.....J ~..- I · · - · - I II II II I I · I · · II I · A "A" *' ð"C,"'~t.'" '" THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or fmancial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ¡JON';; 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ¡¡,Ío.vE' 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. /Vc, #F_ 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. /!I:/Vc 16 J:\EngineerIADMIN\CONTRACliSw219PhN -Contract Main.doc 7-ft, I I I I I I I I I I I I I I I I I I I 5. Has any person* associated with this contract had any financial dealings with an official** of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_Noi If Yes, briefly describe the nature of the financial interest the officiaI** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No ^ If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $ I ,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes_No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No )( If Yes, which official** and what was the nature of item provided? Date: 1i/:3/tJ.;l. , f Sign~rl Applicant ~ /ð //-/ Print or type name of Contractorl Applicant * Person is defmed as: any individual, fmn, co-partnership, joint venture, association, social club, rraternaI organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning COmmissioner, Member of a board, èommission, or committee of the City, employee, or staff members. 17 J:\EngineerIADMIN\CONTRAClìSW219Ph1V -Contract Main.doc 7-7 --+,'"--,,,,--.. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "PHASE IV OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (CIP SW-2l9)" PROJECT TO DON KELLY CONSTRUCTION, INC, IN THE AMOUNT OF $2,769,059.00 WHEREAS, on Wednesday, September 4, 2002 at 2:00 p.m., the Director of Public Works received sealed bids for "Phase IV of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project; and WHEREAS, the work for this project includes the installation of various sizes of trunk sewer line pipe northerly from the upstream end of the existing Salt Creek sewer line installed as a joint project with SDG&E's project to the existing Olympic Parkway Sewage Pump Station; and WHEREAS, the following bids were received: CONTRACTOR BASE BID (Salt Creek Sewer, Phase IV) 1. Don Kelly Construction, Inc. $2,769,059.00 2. T.C. Construction, Inc. $2,994,133.35 3. Vadnais Corporation $3,091,080.30 4. Kenko Inc. $3,154,901.00 5. Arrieta Construction $3,511,837.36 6. BRH-Garver, Inc. $4,095,244.00 WHEREAS, staff received excellent bids for the project and the total low bid ftom Don Kelly Construction, Inc. is below the Engineer's estimate of $4,573,083.00 by $1,804,024.00 or approximately 39.4%; and WHEREAS, Engineering staff checked several of the references provided by the contractor and all references checked verified their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to Don Kelly Construction, Inc. in the amount of$2, 769,059.00. WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the following previously adopted CEQA documents: Environmental Impact Report EIR 01-03; Addendum to EIR 01-03, dated June 1,2001; and Second 1 7-P Addendum to EIR 01-03, dated May 22, 2002, thus, no further environmental review or documentation is necessary; and WHEREAS, the project is currently funded utilizing Salt Creek Sewer Gravity Basin Development Impact Fees and Trunk Sewer Capital Reserve Funds and based on the current project funding guidelines, the contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for "Phase IV of the Salt Creek Gravity Sewer Interceptor (CIP No. SW-219)" project to Don Kelly Construction, Inc. in the amount of $2,769,059.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista IS hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works J:\Attomey\Reso\Salt Creek Sewer Interceptor bid Phase IV 2 7-9 COUNCIL AGENDA STATEMENT Item 1$ Meeting Date 10/08/02 ITEM TITLE: Resolution Accepting bids and awarding Contract for the "Traffic Signal Installation at the intersection of Otay Lakes Road and Apache DriveIMiracosta Circle" in the City ofChula Vista, CA (TF-301)" Project and authorizing staff to transfer funds from this project back to the Traffic Signal Installations at the Intersections of Medical Center Drive and Medical Center Court/Wildauer Court (TF-296) and Medical Center Drive and East Naples Street/East Naples Court (TF-297) in order to reimburse costs borrowed from the above-mentioned proj ects to purchase equipment for the TF-301 project ahead of schedule. SUBMITTED BY: Director of Public W ork~y ~ REVIEWED BY: City Manager~~ orv (4/Sths Vote: Yes..L No~ At 2:00 p.m. on September II, 2002 in the Engineering library (PSB Building), the Director of Public Works received sealed bids for the 'Traffic Signal Installation at the intersection of Otay Lakes Road and Apache Drive/Miracosta Circle in the City of Chula Vista, CA (TF-30 I)" project. The scope of the project includes the installation of a fully actuated traffic signal system and other work necessary to complete the project. RECOMMENDATION: That Council Accept Bids and A ward the Contract for the "Traffic Signal Installation at the Intersection ofOtay Lakes Road and Apache DriveIMiracosta Circle in the City ofChula Vista, CA (TF-301)" project to HMS Construction, Inc. in the amount of $51,954.00 and authorize staff to transfer funds of $8] ,527.05 from the subject project back to TF-296 and TF-297 in order to reimburse costs borrowed from the above-mentioned projects to purchase equipment for the TF-30] project ahead of schedule. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The installation of traffic signal system at the subject intersection was approved and budgeted for the Fiscal Year (FY) 2002-2003 Capital Improvement Program (CIP). The funding source is the Traffic Signal Fund. The subject intersection is ranked third for the future installation of traffic signals within the City. if-I Page 2, Item ~ Meeting Date 10/08/02 To speed up the process for this installation, traffic signal equipment was purchased ahead of schedule due to the recent equipment shortages and anticipated delay of delivery. Funds for the installation of this project were not available when the equipments were ordered; hence staff proceeded to order the equipment utilizing funds from other current traffic signal installation projects, TF-296 and TF-297. The total cost of equipment purchase for this project was $81,527.05. Since funds are now appropriated for this project, staff recommends the transfer of$81, 527 funds back to projects TF-296 and TF-297 in order to cover their construction costs. TF-296 is coordinated with TF-297 and are both advertised at the same time in the near future. The work to be done for this project will include the installation of controller, cabinet, signal standards, mast arms Lighting Emitting Diode (LED) 12" indications, Internally Illuminated Street Name Signs (IISNS), other signs, meter pedestal, Uninterruptible Power Supply (UPS) system, luminaires, trenching and conduit, Emergency Vehicle Preemption (EVPE), video detection, conductors, cables and wire intersection, striping, restoration of existing improvements and the construction of all appurtenances and other miscellaneous work necessary to make the traffic signal system complete and operational. Bidding Process Traffic engineering staff recently prepared plans and specifications for this project. Staff also prepared a construction cost estimate of$57,210.00 using average unit prices of recently received bids from contractors on similar types of projects. On September 11, 2002, staff received bids from the following contractors: No. Contractor 1 HMS Inc. 2 T & M Electric dba Electric 3 Lekos Inc. Bid Amount I Insufficient Bid The low bid, submitted by HMS Construction, Inc., is below the final engineer's estimate of $57,210.00 by $5,256.00 or approximately 9%. The Contractor has completed recent projects in the City and its perfonnance is satisfactory. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). 6-~ Page 3, Item Meeting Date 10/08/02 I<'ISCAL IMPACT: -_.._..__._--_......_~-_._- ,·==c,c,~C"~"__=c=__~~=.~,~_ ~=--=-~--=.---.,====~_~==o FUNDS REQUIRED FOR CONSTRUCTION . A. Contract Amount (HMS Construction, Inc.) .,13· C0!1tingenciesJ25~L_________________,_~~__ C. Purchase Equipments* McCain ($20,036.00) Pacific Lighting ($39,074.35) Econolite ($21,693.70) San Diego PreCast Concrete ($723.001 * Purchase of equipment - Funds was borrowed from other CIP projects prior to appropriating funds for thisproject. D. Staff Costs (D~;;g~,I~sp~cti~~,C~~t~~ctÄd~;~¡;trat¡~~) -- -----r ."TO-TALFU~DS,Iiiiq~I~~-~?~-C()~ST~{J,<::.!I()~--=-~-~=~=J ! i I , .. ________J FUNDS A V AILABLE FOR CONSTRUCTION A. Traffic Signal. Fund TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $51,954.00 I¡ $12,988.50 $81,527 .05 " 'I _J' I, !I I· ------'-'----'--------¡ $40,530.45 .1 $187,000.00 Ii -..............---....,;, -- - .. ----- $187,000.00 $187,000.00 After completion of construction, annual energy and maintenance costs are estimated to be $3,500.00 Prepared By. Mari Malong and Majed AI-Ghafty Attachments: Contractor's Disclosure Statement J :IEngineerlAGENDA ITF301AI13.m1cm.doc cg#3 Part 1 Special Provisions· General THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 10 1-0 I, prior to any action upon matters, which will require discretionary action by the Council, Planning Commission and .all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following infonnation must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the coíÚract, e.g., owner, applicant, contractor, subcontractor, and material supplier. M.lCHA£L C. t-f-tGH ~e:roQ 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. MICHAEL C. l-/rGH ~Œklí.'~TAI2.I/ ,T~ 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor ofthe trust. 4. Please identifY every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. tv\ltHAEL Q. H-rGH ~CVJT.~P~,-r/2£~ ~tJAL-D .~kJEJŒ£ VICE ~1;ÐJT if Part 1 Special Provisions - General 5. Has any person" associated with this contract had any financial dealings with an official? of the City ofChula Vista as it relates to this contract within the past ]2 months? Yes_No-L ]f Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Ves No V' If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of DirectorsÆxecutives, non-profit Board of Directors made contributions totaling more than $],000 ovet¡1he past four (4) years to a current member of the Chula Vista City Council? Ves_No v' IfVes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official"" of the City ofChula Vista in the past twelve (12) months? (This inç.ludes being a source of income, money to retire a legal debt, gift, loan, etc.) Ves _ No V IfVes, which official"" and what was the nature of item provided? R~ da-e Signature of Contractor! Ap~licant HI.,(5 COIJ'S--n¿uc:n OW, llJc,. k:DtJALD I· 5CHJ...lEI~ Print or type name of Contractor! Applicant Date: q!r¡/Od-- " Person is defmed as: any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. "" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, Dr committee ofthe City, employee, or staff members. ~~5 ----,,-..--.....,.,--.-,.,.....-....- RESOLUTION NO. 2002-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AND AWARDING CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF OTAY LAKES ROAD AND APACHE DRIVE/MIRACOSTA CIRCLE IN THE CITY OF CHULA VISTA, CA. (TF-301)" PROJECT AND AUTHORIZING STAFF TO TRANSFER FUNDS FROM THIS PROJECT BACK TO THE TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT/WILDAUER COURT (TF-296) AND MEDICAL CENTER DRIVE AND EAST NAPLES STREET/EAST NAPLES COURT (TF-297) IN ORDER TO REIMBURSE COSTS BORROWED FROM THE ABOVE-MENTIONED PROJECTS TO PURCHASE EQUIPMENT FOR THE TF-301 PROJECT AHEAD OF SCHEDULE WHEREAS, at 2:00 p.m. on September II, 2002 in the Engineering library, the Director of Public Works received the following three sealed bids for the "Traffic Signal Installation at the intersection of Otay Lakes Road and Apache Drive/Miracosta Circle in the City of Chula Vista, Ca. (TF-301)": !!'''·''''''''''·T·''''··''··"·,,·········,,·,, "... ... "....."...." ..."......,,"'.. .."..........""...................... ......; ¡; No. ¡ Contractor Bid Amount " , t j! !iT!HMSConsirucilon,Inc: ; . "'$51,95,(66 I ::·""'·.··-------------...1...······"·"·""'····-.·---.-----.._..mm....':.............._..____..m........."..."'.".........____mm'_"_...'.m...".".".".._.....m_n'n.............".......'···--··------·..-..-............"."1....-----.·..·..-.'........'...."."........_____....,m......'."."..........__.1 ii~ iT & M Electric dba Pefl}'Electric______~__ i $62,680.00. ___,1" If 3 ILekOs Electnc, Inc. iInsufficlent BId I; !L~~~.""""~,,_J,_'''''''''''='m"~~u~~~___'"''''''""''~~,,,''''''U~~'"'_,""'''''''',_~~'"''''M^''.''',''~,=",~,·,=,''m~~,',__==~"·''',,"%%.=""'__=,,~,L=,~~~~"'="~~,="'=,==="'"~""~~"'"h WHEREAS, the low bid, submitted by HMS Construction, Inc., is below the final engineer's estimate of$57,210.00 by $5,256.00 or approximately 9%; and WHEREAS, the contractor has completed recent projects in the City and its perfonnance has been satisfactory; and WHEREAS, the work involved in this project is exempt under Section 15301, Class Ic of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for "Traffic Signal Installation at the intersection of Otay Lakes Road and Apache Drive/Miracosta Circle in the City of Chula Vista, Ca. (TF-301)" Project. to HMS Construction, Inc. in the amount of$51,954.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chula Vista. ?,~ BE IT FURTHER RESOLVED that staff is hereby authorized to transfer funds of $81,527.05 from the subject project back to the Traffic Signal Installations at the intersections of Medical Center Drive and Medical Center court/Wildauer Court (TF-296) and Medical Center Drive and East Naples Street/East Naples Court (TF -297) in order to reimburse costs borrowed from the above-mentioned projects to purchase equipments for the TF-301 project ahead of schedule. Presented by Approved as to fonn by It.: . Kaheny Attorney John P. Lippitt Director of Public Works J:\attomey\reso\Traffic Signal Installation Apache g~7 2 COUNCIL AGENDA STATEMENT Item 1 Meeting Date 10/08/02 ITEM TITLE: Resolution Approving Change Order No. 1 for the "Streetlight Installation on Main Street Between Nirvana Avenue and Heritage Road" (LD-I07) Project, and Authorizing the Director of Public Works to Execute Said Change Order on Behalf of the City SUBMITTED BY: Director of Public Works ~/ REVIEWED BY: City Manager ~ <;~ (4/5ths Vote: Yes _ No~ On June 18, 2002, the City Council approved Resolution No. 2002-207 waiving the competitive bidding process and awarded a contract in the amount of $47,100 (plus contingencies of $9,420) to T &M Electric dba Perry Electric for the "Streetlight Installation on Main Street Between Nirvana Avenue and Heritage Road" (Crr Project No LD-107). Proposed Change Order NO.1 (copy attached), in the amount of $8,000, is for the relocation of an electrical service point and other associated work necessary to complete the work in accordance with City standards. RECOMMENDATION: That Council approve the Resolution Approving Change Order No. 1 for CTP Project No. LD-107, "Streetlight Installation on Main Street Between Nirvana Avenue and Heritage Road", and Authorizing the Director of Public Works to Execute Said Change Order on Behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The project to enhance Main Street in the vicinity of the amphitheatre and the water park was approved by Council and consists of two phases. Phase I improvements, including installation of landscaping, tree lighting, and irrigation system were completed in 2000. Phase II involves the design and planting of additional landscaping and the installation of street lighting in the raised median east of Nirvana Avenue. The street lighting portion of the project provides for the installation of 12 median streetlights. As shown in the plans, the new street lighting system is energized from two electric service points. However, one of these service points is not an approved SDG&E service point. The nearest SDG&E approved service point to feed half of the street lighting system is about 300 feet away from the service point shown in project plan. The distance of this service point to the lighting system requires revisions to the original circuit design, including the installation of an additional 650 lineal feet of conduits, pull boxes, conductors and other miscellaneous work to q-I Page 2, Item 1 Meeting Date 10/08/02 make the system fully functional in accordance with City standards. It should be noted that the proposed change order, although less than $50,000, exceeds the maximum cumulative change order authority granted to the Director of Public Works under City Council Policy No. 574-01. FISCAL IMPACTS: Proposed Change Order NO.1 in the amount of $8,000 will be needed to finish the project. There is currently an available balance of approximately $161,000 in the project fund balance (Assessment District 90-2 Otay Valley Road Improvement Funds), which is sufficient to cover the proposed Contract Change Order. Attachment: (I) Proposed Change Order No. I Irsj/kpa J:\ENGINEER\aGENDA\LD-107 CCOI. I I3.doc q~d- September 30, 2002 0735-10-LD107 CHANGE ORDER NO.1 CONTRACT: STREET LIGHT INSTAllATION ON MAIN STREET BETWEEN NIRVANA AVENUE AND HERITAGE ROAD IN THE CITY OF CHUlA VISTA, CA CONTRACTOR: T&M ELECTRIC, INC. dba PERRY ELECTRIC The following changes shall be made to the above referenced contract between the CITY OF CHULA VISTA and PERRY ELECTRIC, (Contractor): New Item. Furnish and install approximately 320 lineal feet of 2", 330 lineal feet of 1 1/2" schedule 80 PVC conduits with 2 #2 THW, 2 # 6 THW and 1 #6 THW (Green) conductors. Furnish and install one (1) SDG&E approved 3312 Hand Hole, one (1) # 3 1/2 Pull Box, one (1) double fuse holder and other miscellaneous work needed to make the system operational. lump Sum $8,000.00 ORIGINAL CONTRACT PRICE: PRVIOUS CHANGE ORDER: THIS CHANGE ORDER: $47,100.00 $ 0.00 $8,000.00 $ 55,100.00 REVISED TOTAL CONTRACT PRICE: This contract change order will be constructed and completed in Five (5) working days. The agreed upon lump sum prices include all costs for furnishing all tools. labor, materials, equipment, incidental costs, profit and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materiais furnished in .accordance with the original contract, Green Book specifications, newiy provided plans and specifications, and applicable standard drawings. ORDERED BY CLIFFORD L. SWANSON Deputy Dir. of Pubiic Works! City Engineer ACCEPTED BY HUBERT PERRY Secretary Treasurer Perry Electric APPROVED BY JOHN P. LIPPITT Director of Public Works C:IWINDOWSITemporary Internet FilesIOLK4261ICCO#1.doc 9<3 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.1 FOR THE "STREETLIGHT INSTALLATION ON MAIN STREET BETWEEN NIRVANA A VENUE AND HERITAGE ROAD" (LD- 107) PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on June 18,2002, the City Council approved Resolution No. 2002-207 waiving the competitive bidding process and awarded a contract in the amount of $47,100 (plus contingencies of$9,420) to T &M Electric dba Perry Electric for the "Streetlight Installation on Main Street Between Nirvana Avenue and Heritage Road" (CIP Project No LD-107); and WHEREAS, proposed Change Order No. I, in the amount of $8,000, is for the relocation of an electrical service point and other associated work necessary to complete the work in accordance with City standards. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Change Order No. I for the "Streetlight Installation on Main Street between Nirvana Avenue and Heritage Road" (LD-I07) Project. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute said Change Order on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works /3ad !f!~ John M. Kahen City Attorney [J:\ATTORNEYIRESOI Main St. CO 1 (September 26,2002 (5:0PM)] q-,/- COUNCIL AGENDA STATEMENT Item No.: /0 Meeting Date: 10/08/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a three-party agreement between the City of Chula Vista; PCR Services Corporation, Consultant; and Vestar Development II, L.L.c., Applicant, for consulting services related to the preparation of an Environmental Impact Report (ElR) for the College Marketplace General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map, authorizing the Mayor to execute said agreement. Director of Planning and BUildi;~~ (;'? ~ City Manager ý( I)' (4/Sths Vote: Yes No--.2L] SUBMITTED BY: REVIEWED BY: The applicant, Vestar Development II, L.L.c., has filed general plan amendment, rezone, precise plan, and tentative parcel map applications for the College Marketplace Project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). The item before the City Council is a request for the City Council to approve the proposed contract with PCR Services Corporation for an amount not to exceed $165,494 to provide consultant services for the preparation of the CEQA requircd environmental documents for the proposed project and an additional $41,374 for additional services should they be necessary. RECOMMENDATION: That the City adopt a Resolution approving a three-party agreement between the City of Chula Vista; PCR Services Corporation, Consultant; and Vestar Development 11, L.L.c., Applicant, for consulting services related to the preparation of an EIR for the College Marketplace Project, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: BackgrQ.!lnd Southwestern College is located at the intersection of East "H" Street and Otay Lakes Road. The College Marketplace Project would involve the development of two existing parcels (approximately 15 acres) located at the eastern portion of the 158 acre college campus for retail/commercial use. The project involves a transit component alternative as a part of a cooperative effort thai is underway between the City of Chula Vista, Southwestern College, the projecl applicant, and the Metropolitan Transit Development Board (MTDB). /J-/ Page 2, Item No.: /0 Meeting Date: 10/08/02 Pursuant to the California Environmental Quality Act (CEQA), the Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). Planning and Building Department staff does not have the available time or expertise to prepare the needed EIR. Therefore. the applicant proposing the project must enter into a three-party agreement for the preparation of the CEQA documentation. Consultant Services Selection Process A request for proposal was distJibuted to the 28 persons or fimls included on the City's list of qualified Environmental Consultants, and six proposals were received. The Selection Committee, designated by the Director of the Planning and Building Department, invited the three top-rated finns to interview. The Selection Committee reviewed and ranked the proposals based on company experience, quality of management team, capacity to perfonn the work, project understanding, proposal quality and clarity, local experience, and billing rates. The Environnlental Review Coordinator and the Selection Committee have determined that PCR Services Corporation (PCR), through their proposal and the interview process, has demonstrated the ability to perform the services as required for this project. PCR represents, and staff concurs, that they are experienced and staffed in a manner such that they can prepare and deliver the required services within the necessary time frames. The Environmental Review Coordinator has negotiated the details of these agreements in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. Scope of Work: PCR will function as the Environmental Consultant to the City of Chula V ista under a three- party agreement with the Applicant and under the supervision of the City's Environmental Review Coordinator. The responsibilities of the Environmental Consultant will include the following: Review of the available Project information; Preparation of an Initial Study and Notice of Preparation; Preparation of Screencheck, draft and final EIRs; Preparation of responses to comments received during public review; Preparation of Findings and the Mitigation Monitoring Reporting Program; and Attendance at team meetings and public hearings. It) -;)- Page 3, Item No.: 10 Meeting Date: 10/08/02 Contract Payment The total cost of the contract for consulting services is $165,494 with an additional 25% contingency ($41,374) for additional services to cover unforeseen issues that may arise during preparation of the EIR and if determined to be necessary by the City's Environmental Review Coordinator. The project applicant will pay all consultant costs, as well as reimburse any City staff time associated with the preparation of the College Marketplace general plan amendment, rezone, precise plan, and tentative parcel map through a separate deposit account. The City Attorney's Office has reviewed and approved the form of the contract. FISCAL IMPACT: There will be no resulting impact to the General Fund. The applicant, Vestar Development II, L.L.c., will fully compensate the consultant. The contract amount for consulting services is $165,494. The contract allows the Contract Administrator to negotiate additional fees, which will be paid by the applicant, not to exceed 25% of the total contract amount ($41,374) to cover unforeseen issues that may be identified during the preparation of the EIR. ^ttachmem: I. Vicinity Map jt-3 BONITA HIGH SCHOOL ~\) ~'i:-S " \-1' 0"1' CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT VICINITY MAP C) APPLICANT; VESTAR DEVELOPMENT COMPANY PROJECT DESCRIPTION: PROJECT OTAY LAKES ROAD PROPOSAL FOR COLLEGE MARKETPLACE ADDRESS: AND EAST "H" STREET SCALE: FILE NUMBER: NORTH No Scale PCM-02-15 - h:\home\planning\DAlllocators\PCM0215.cdr 01/24/02 cJ-Lf' / RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; PCR SERVICES CORPORATION, CONSULTANT; AND VESTAR DEVELOPMENT II, L.L.C., APPLICANT FOR CONSULTING SERICES FOR PREPARATION AND SUBMITTAL OF AN ENVIRONMENTAL IMPACT REPORT FOR THE COLLEGE MARKETPLACE GENERAL PLAN AMENDMENT, REZONE, TENTATIVE PARCEL MAP AND PRECISE PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting services necessary for the preparation of the Environmental Impact Report for the College Marketplace Project; and WHEREAS, it was determined by the Director of Plarming and Building that staff has neither the available time or expertise to perform the subject work; and WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental Review Coordinator has determined that the proposed project requires the preparation of an EIR; and WHEREAS, a Request for Proposal was distributed to the 28 persons or firms included on the City's list of qualified Environmental Consultants, and six proposals were received by the City; and WHEREAS, the director of Plarming and Building appointed a selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted Consultant perform the required services for the City; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental Review Procedures. NOW THERERFORE BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve a three-party agreement between the City ofChula Vista; PCR Services Corporation ("Consultant") and Vestar Development II, L.L.C. ("Applicant") for consulting services for preparation and submittal of an Environmental Impact Report for the College Marketplace Project. /tJ-6 BE IT FURTHER RESOLVED that the Mayor of the City of City ofChula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Robert A. Leiter Director of Planning and Building H:\Attorney\SWC Marketplace Contract Reso.doc /0 -{? THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~1f!tJi(:/}d/ City Attorney K /O/z/DZ- , Dated: THREE-PARTY AGREEMENT WITH PCR SERVICES CORPORATION AND VESTAR DEVELOPMENT FOR CONSULTING WORK TO BE RENDERED WITH REGARD TO APPLICANT'S PROJECT ;0-1 Three-Party Agreement Between City of Chula Vista, PCR Services Corporation, Consultant, and Vestar Development II, L.e.e., Applicant For Consulting Work to be Rendered with regard to Applicant's Project I. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation ofthe State of Cali fomi a, the person designated on the attached Exhibit A as "Consultant", PCR Services Corporation (herein after referred to as "PCR") whose business form and address are indicated on the attached Exhibit A, and the persons collectively designated on the attached Exhibit A as "Applicant", Vestar Development II, L.L.c., whose business forms and addresses are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 9/25/02 Three-Party Agreement Page I /o-fj 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY. CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services". ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the sen'ices dcscribed 111 Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and ifnone are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perfoml said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members ofthe profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the telms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, Three-Party Agreement Page 2 9/25102 /0-1 or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") including any contingency expenditures are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reductIon. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amOlll1t of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any. shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate Three-Party Agreement Page 3 9/25102 /0' /0 bank account, separately account for said deposit In one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days aner of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City, Southwestern Community College District, A community College District Established pursuant to California Law (hereinafter referred to as Southwestern College), and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary 9/25/02 Three-Party Agreemenl Page 4 /0-// Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A. Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof ofInsurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivcry of Certificates ofInsurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insureds. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 9/25/02 Three-Party Agreement Page 5 /(J-/f)- 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold the Applicant and Southwestern College harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant \0 ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8. as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts ofInterest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated 011 Exhibit A, Paragraph 9, as an "FPPC liler", COllsuliall1 IS deemed to be a "Consultant" for the purposes of the Political Refornl Act conflict of interest alld disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such repol1ing categories as are specified ill Paragraph 9 of Exhibit A, or if none are specified, then as deternlined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer. Consuliant shall not make. or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 9/25/02 Three-Party Agreement Page 6 )0-/3 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practiccs Commission, and has determined that Consultant does not, to the best of Consultant's knowledge. have an economic interest which would conflict with Consultant's duties under this Agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment. remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 9/25102 Three-Party Agreement Page 7 / 0 ~ /1 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. . 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the City and applicant_shall have the absolute right at any time to terminate this agreement or any work to bc performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the City or applicantin the absence of default of the Consultant, the City and applicant shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination and any obligations incurred in performance of this agreement, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City ofChula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 9/25/02 Three-Party Agreement Page 8 /0-/5 II. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City reo Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees ftom and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, ofliccrs. or cmployees which may be in combination with the active or passive negligent acts or omissions or the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors and omISSIons, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except those claims arising from the negligence or willful misconduct of City, it officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 11.2. Applicant to Indemnify City reo Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harnlless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials. officers. employees, agents, or representatives of the City ("City lndemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 9/25102 Three-Party Agreement Page 9 /0 -/þ 12. Business Licenses. Applicant agrees to obtain a business license tTom the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All 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 for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereofmay be amended, modified. waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 9/25102 Three-Party Agreement Page 10 / () -/1 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance ofa payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 9/25/02 Three-Party Agreement Page t I /0 -/8 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom. and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. Southwestern College shall be 3'd party beneficiary of the promises and provisions in Sections 4 and 5. (End of Page. Next Page is Signature Page.) 9/25/02 Three-Party Agreement Page 12 II)-/e¡ Signature Page To Three-Party Agreement Between City of Chula Vista, PCR Services Corporation, Consultant, and Vestar Development II, L.L.e., Applicant For Consulting Work to be Rendered with regard to Applicants' Project (Page 1 of 2) NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereofby setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: John M. Kaheny, City Attorney Dated: 9/25/02 Consultant: PCR Services Corporation By: 9/25102 Three-Party Agreement Page 13 10 - ';;;'0 Dated: 9/25/02 Signature Page To Three-Party Agreement Between City of Chula Vista, PCR Services Corporation, Consultant, and Vestar Development II, L.L.C., Applicant For Consulting Work to be Rendered with regard to Applicants' Project (page 2 of 2) Applicant: Vestar Development II~ ~ ~.~;.~ By: I; Title: Managing Member Three·Party Agreement Page 14 /0-,;2/ Exhibit A Reference Date of Agreement: September 16, 2002 Effective Date of Agreement: Date of City Council Approval of Agreement City: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Consultant: PCR Services Corporation (herein after referred to as PCR) Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 233 Wilshire Boulevard, Suite 130 Santa Monica, CA 90401 Applicant: Vestar Development II, L.L.C. Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation ( ) Other: A California Limited Liability Company Address: 7575 Carson Blvd. Long Beach, CA 90808 Third Party Beneficiary addresses for notification purposes: Southwestern Community College District 900 Otay Lakes Road Chula Vista, CA 91910 With a copy to: Allen, Matkins, Leck, Gamble & Mallory LLP 515 South Figreroa Street, 7'" Floor Los Angeles, CA 90071 9/25/02 Three-Party Agreement Page 15 ;0 -,;;~ 1. Property (Commonly known address or General Description): The project site consists of two parcels totaling approximately 15 acres located at the southwest quadrant of East H Street and Otay Lakes Road on the Southwestern Community College property ownership. One parcel, located at the comer of East H Street and Otay Lakes Road, consists of 13.73 acres. The other parcel, located along Otay Lakes Road, consists of 1.43 acres. The larger parcel is currently vacant and is generally devoid of vegetation. The other parcel includes a turfarca with mature trees along the college's street ITontage. The remainder of the Southwestern Community College campus is located immediately adjacent and westerly ofthe project parcels and includes up to 68 structures and a loop road serving campus vehicle circulation. 2. Project Description ("Project"): The proposed project involves development of the 13.73 acre parcel with a total of 181,170 square-feet of building area that would include restaurants, a college bookstore, a cultural arts center, an outdoor performing arts plaza and other retail uses. A total of 837 parking spaces would s'erve the site. Of this total, 720 new spaces would be provided and 117 spaces would he shared with the existing college parking lot. The site would be linked to the campus by a pedestrian paseo and plaza. The 1.43-acre site would be developed with 13,000 square-feet of retail space and a 52-space parking lot. The project involves a transit component as a part of a cooperative effort that is underway between the City, Southwestern College, the project applicant and the Metropolitan Transit Development Board (MTDB). The transit proposal is a MTDB "Showcase Project," or near- term demonstration project intended to support MTDB's Countywide Transit First policy. Beyond supporting MTDB policy, the transit component is also intended to serve the commuting needs of the campus, nearby commercial and residential areas, and the project itself. The "Showcase" proposal involves a transit alignment through the project site. The on-site alignment would involve a two lane (24 foot-wide) corridor traversing the campus, with a possibility of a transition from two- to one-lane (12 feet-wide) along an approximately 300 foot segment of the route adjacent to the campus loop road. The on-site option includes a transit station proposed south of the 13.73 acre parcel. The station is intended to serve a wheeled trolley and may also serve other modes of transit, including the existing Chula Vista Transit bus transfer station located on the campus. To accommodate the transit route between the proposed retail development and the campus, the on-site option would require a slight re- alignment of the campus loop road, shifting an approximately 200 foot segment of the road to the west. A second transit option would be an expansion of the existing bus or "blue car" transit serving the campus. This second option would involve an expansion of existing on-site transit facilities and an increase in bus trips serving the campus. 9/25/02 Three-Party Agreement Page 16 I ()- .;J 3 3. Entitlements applied for: The discretionary actions associated with development of the proposed project includes the following: I. An amendment to the City of Chula Vista General Plan; 2. A Rezone of two sites (totaling 15.16 acres); 3. A Precise Plan; and 4. A Tentative Parcel Map. Chula Vista General Plan Amendment The General Plan Amendment request consists of a Land Use Diagram change from "Public & Quasi-Public" to "Retail Commercial" for 13.73 acres at the comer of East H Street and Otay Lakes Road and for 1.43 acres along Otay Lakes Road. Rezone The Rezone request consists of a change rrom "R-l" (Singe-Family Residential) to "C-C-P" (Central Commercial subject to a Precise Plan) for both proposed development sites. Precise Plan The project proposal will require approval of a Precise Plan that will generally consist of site plans. conceptual landscaping plans, and architectural plans including sign guidelines. Tentative Parcel Map The Southwestern College campus and the proposed retail site will be divided into 3 (three) lots, the I 43.43-acre College campus site, and two retail commercial sites at 13.73 acres and 1.43 acres in size. 4. General Nature of Consulting Services ("Services--General"): PCR shall prepare an EIR for the College Market Place General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map, to the satisfaction of the Environmental Review Coordinator and to meet State and City environmental review requirements. The EIR shall be a Project EIR. 5. Detailed Scope of Work ("Detailed Services"): 9/25/02 Three-Party Agreement Page )7 !IJ,;¡1 PCR shall prepare an Environmental Impact Report (EIR) for the College Market Place General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map, in accordance with the California Environmental Quality Act (CEQA). PCR shall also work closely with the City ofChula Vista staff to ensure that the EIR for the College Market Place General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map, shall meet all ofthe City's needs. The EIR must comply with the current California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Section 21000 et seq.); the current State CEQA guidelines (California Administration Code section 15000 et seq.); the Environmental Review Procedures of the City ofChula Vista; and the regulations, requirements, and procedures of any responsible public agency or any agency with jurisdiction by law. All Detailed Services described herein shall be performed by PCR to the satisfaction of the City's Environmental Review Coordinator. PCR shall consult with all trustee and responsible agencies, agencies having jurisdiction by law and any other person or organization having control over or interest in the Development as necessary to ensure that the EIR is current and complete as to issues raised by such agencies. The Draft and Final ElR shall be prepared in such a manner that they will be meaningful and usetìll to decision-makers and to the public. Technical data is to be summarized in the body of the report and placed in an appendix. All documents shall be prepared in Microsoft Word 2000. The EIR shall be prepared to include the required sections of an EIR, as set forth in applicable law including State CEQA Guidelines Section 15122 ~ 15131. The document shall be formatted as directed by the City and shall include, but not be limited to the following sections: · Table of Contents · Executive Summary · Introduction · Project Description · Environmental Setting · Environmental Impact Analysis · Cumulative Impacts · Growth Inducing Impacts · Alternatives · Mitigation Monitoring & Reporting Program · Irreversible Environmental Changes · Effects Found not to be Significant · References, Persons and Agencies Contacted and EIR Preparation PCR shall compile supporting documents into separate volume( s) to be referred to as the Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to the NOP and any teclmical reports and relevant technical information generated for the EIR. 9/25102 Three-Party Agreement Page 18 / () - ~5 SPECIFIC TASK DESCRIPTION: In providing environmental services for the College Market Place General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map, PCR shall perform the following tasks: Task 1- Initial Study and Noticeo! Preparation Review of Existing Documents PCR will review previous documents that have been prepared for the project, including, but not limited to: I) City of Chula Vista General Plan. 2) Southwestern Community College District Facilities Master Plan 2000-2015, Grillias Pirc Rosier Alves, January 2000. 3) Preliminary Sewer Study for College Marketplace at Southwestern Community College, Nasland Engineéring, October 4, 200 I. 4) Preliminary Water Study for College Marketplace at Southwestern Community College, Nasland Engineering, October 4, 200 I. 5) Preliminary Drainage Study - College Marketplace, Nasland Engineering, December 4,2001. 6) Geotechnical Investigation for Southwest College Retail Center, Robert Prater Associates, June 2000. 7) Phase I Environmental Assessment for Southwest College Retail Center, Robell Prater Associates, May 2000. Project Initiation PCR will participate in the project initiation meeting for the project. As a result of the project initiation meeting, the schedule outlined in this proposal will be evaluated and coordinated with the needs ofthe City and the applicant, and points of contact will be clearly identified. PCR will prepare an environmental team contact list and distribute it to all team members. This list will provide names, phone numbers, addresses, and areas of responsibility, and will include project applicant representatives and City staff, as well as PCR team members. The PCR team will meet with the City staff and the applicant to review the proposed project and obtain project information. Based on information provided by the City and the applicant, PCR will prepare a detailed project description that will serve as the basis for the analysis. 9/25/02 Three-Party Agreement Pag~ 19 /o~~Çt7 Task I a: Initial Study PCR will prepare a draft Initial Study (Deliverable No. I) using the environmental checklist based on the City ofChula Vista's Environmental Checklist Form or the Environmental Checklist Form in the State CEQA Guidelines (Appendix G) to assess the potential environmental impacts associated with the Development and to identify those issues that are potentially affected by the proposed Development. The Environmental Checklist will form the basis to support which issues will be addressed in detail in the EIR for the Development and which issues have been identified as not significant and warrant no further discussion. City staff will review the draft Initial Study and, if necessary provide comments to PCR. PCR shall incorporate the City's written comments and provide the City with a final Initial Study (Deliverable No.2). Task 1 a De/iverables: · Draft Initial Study and environmental checklist form · Final Initial Study and environmental checklist form Task I b: Notice of Preparation PCR will prepare a draft Notice of Preparation (NOP) (Deliverable No. I). City staff will review the draft NOP and, ifnecessary provide comments to PCR. PCR shall incorporate the City's comments and provide the City with a final NOP (Deliverable No.2). PCR shall, in consultation with the City ofChula Vista, distribute the document to the State Clearinghouse, each Responsible Agency, each Trustee Agency, and public agencies, organizations and individuals that may be affected by the project. The final NOP and the Environmental Checklist Form (Deliverable No.2) will be made available for public review at local libraries and other appropriate locations. Comments received during the 30-day public review period will be used to finalize the scope of the Draft EIR. Task 1 b Deliverables: · Five (5) copies of the Draft NOP · Five (5) copies of the Final NOP Task 2- First Screellcheck Draft EIR alld Associated Techllical Reports PCR shall prepare a description of existing conditions for, collect data on, and analyze potential impacts to the environmental issues identified in the project-specific Environmental Checklist Foml for the Development. The following is an outline of the contents for the Drafi EIR. The preparation of technical reports and any modeling required to complete these reports is addressed lLOder the individual issue discussions. . Introduction -- This section of the EIR will describe the proposed Development's background, purpose and need, and objectives. The introduction will also provide an overview of the CEQA process and related permits and discretionary actions required for Three-Party Agreement 9/25102 Page 20 1~~;;1 implementation of the proposed Development. . Project Description -- This section ofthe EIR will describe in detail the key features of the proposed Development, including the "worst case" scenario for the Development evaluation. . Environmental Setting -- This section of the EIR will present a discussion of existing conditions within the Property and adjacent land parcels that could be affected by the proposed development. · Environmental Issues -- This section of the EIR will present an analysis of each of the environmental issues identified in the project-specific Environmental Initial Study. The analysis will identify potentially significant environmental impacts that could result rrom implementation of the proposed Development and proposed mitigation measures to reduce these impacts to below a level of significance. Specific Issues to be Addressed in the Draft EIR: Land Use, Planning, and Zoning Existing plans, policies, and ordinances related to land use that affect the Development site will be identified and reviewed. Documents to be reviewed include, but are not limited to: The Chula Vista General Plan and all related elements The Chula Vista Zoning Ordinance as it relates to the specific property The EIR will evaluate the Development for compatibility with adjacent land uses and surrounding densities; identify whether the Development has substantial conflicts with the established community character; and identify inconsistencies or conflicts between the Development and the goals, objectives, and policies of any applicable plan policy, ordinance, guideline, or regulation. The land use section shall address any proposed changes to land use designations, development intensity, and infrastructure (e.g. transportation system). The analysis shall address compatibility with the adjacent land uses and intensities of development with particular emphasis on the transition between proposed land uses and adjacent development, either existing or planned. As such, the EIR shall include a plan-to-plan and plan- to-ground analysis. The EIR will evaluate the impacts of the proposed physical improvements that could result upon implementation of the Development. More specifically, the land use analysis will include but not be limited to: I) Describe and map existing land use and applicable plans and zoning for the site and surrounding areas; 9/25/02 Three·Party Agreement Page 21 /ð·;;.r¿ 2) Summarize applicable local, regional, state and federal plans, policies, regulations and guidelines; 3) Discuss land use compatibility associated with past and present site activities and adjacent uses; 4) Define Thresholds of Significance for land use impacts; 5) Describe proposed plans and discretionary actions being sought, including but not limited to, an amendment to the Chula Vista General Plan from Public & Quasi-Public to Retail Commercial on the l3.73-acre portion of the site, a Rezone on the entire site from R-l (Single-Family Residential) to C-C-P (Central Commercial subject to a Precise Plan), and adoption of a Precise Plan and Tentative Parcel Map. Describe the relationship of the approvals being sought to other plans and proposed development in the project area; 6) Assess the plans and discretionary actions being sought and their potential to result in physical impacts on the environmental that could translate to incompatible land use. Compatibility of proposed land uses and activities with surrounding areas will be evaluated based on individual and combined impacts associated with traffic, air quality, noise, aesthetics and other issues. Carefully evaluate the transition between proposed land uses and adjacent land uses (both existing and planned); 7) Evaluate the project's consistency with applicable local, regional, state or federal land use policies and programs; 8) Develop feasible mitigation measures to address significant physical impacts on land use. Landform Alteration/Aesthetics The ErR will analyze the impact of the proposed Development on existing landform and community character. PCR will evaluate the potential for the project to have an impact on landform and aesthetics. The analysis will be illustrated through the use of maps, photographs, and other graphic illustrations. The analysis of impacts on landform and aesthetics will incorporate the following: I) Definition of baseline conditions by describing the existing visual quality of the site and surrounding areas and identifying valued focal or panoramic views and aesthetic features; 9/25/02 Three-Party Agreement Page 22 /0 -,;J. 'j 2) Description of relevant regulations, policies and guidelines governing views and aesthetic considerations. Applicable provisions of view ordinances, design guidelines, and general plan and scenic highway plans will be summarized; 3) Definition of Thresholds of Significance to determine impacts with respect to aesthetics/views; 4) Based on available project plans, impacts will be evaluated with emphasis on the potential for the project to: introduce features that would detract from the aesthetic quality of the area or conflict with applicable design guidelines; alter landform or remove features that contribute to the aesthetic character of the area; or obstruct or diminish valued views from public gathering places or designated scenic highways, corridors or parkways. This evaluation will include assessment of the project's potential to compromise future view potential or aesthetic resources accounted for in approved planning documents. No visual simulations are proposed; 5) Mitigation measures will be recommended for significant impacts that are identified. Mitigation measures may consist of changes in the project design, architecture and grading, or proposals for landscape buffers or other visual screening devices. This analysis will be contained within the EIR and a separate technical report will not be prepared Transportation, Circulation, and Access Subconsultant, Linscott, Law, and Greenspan (LLG), will complete the traffic analysis under the direction of PCR. LLG will first meet with City staff and the Development team to confirnl the EIR's project definition and will obtain prior traffic studies prepared for projects in the area. Based on the project definition, LLG will conduct AM/PM peak hour traffic counts at up to eight intersections, determine the existing AM/PM peak hour Levels of Service (LOS), and obtain the most recent street segment traffic volumes using City, County, and Caltrans records. LLG will visit the project area and document existing conditions with respect to street widths. number or lanes, traffic signal locations and phasing, parking restrictions and special parking control measures,- LLG will provide Southwestern College with two workíng days notice prior to any field work taking place on the project site and provide a description ofthe work to be done. LLG will then conduct a project-to-ground and plan-to-plan analysis to determine pre-project traffic volumes at key intersections and street segments with the existing street system, add total project traffic to the baseline condition, analyze intersections and street segments, estimate impacts, and recommend mitigation measures as needed. In terms of cumulative traffic impacts, LLG will determine the future year scenarios that will likely include Year 2005,2010.2015,2020. and buildout analysis. The traffic study shall focus upon the East H Street and Otay Valley Road corridors. A Congestion Management Plan (CMP) analysis on the key arterials and freeways will Three-Party Agreement Page 23 9125/02 /0<30 also be conducted in the cumulative traffic analysis. Additionally, LLG will conduct an access analysis for the Development site, a Public Facilities Financing Plan (PFFP) analysis will evaluate traffic impacts resulting from the Development.LLG will also evaluate the implications of the transit component of the project and its effects upon surface traffic, pedestrian circulation and safety, and the mitigation value that may accrue to the project through transit ridership and associated reductions in vehicular trips. LLG will coordinate with subconsultant URS/BRW in their assessment of ridership potential and its potential to influence project vehicular trip generation. Subconsultant URS/BRW will complete a transit technical report under the direction of PCR. URS/BRW will first meet with City staff and the Development team to confirm the EIR's project definition, as well as confirm the various aspects of the transit component of the project. URSIBRW will review the project description, master plans, MTDB Showcase Project materials, existing bus routes, MTDB's Short Range Transit Plan, and other items as appropriate to fully understand the project, the existing and proposed transit services, and the schedule for implementation. Using the trip generation information developed by LLG, URS/BR W will work with LLG to analyze the trips generated by the project and assess the potential of transit to serve these trips. URS/BRW will analyze existing and future travel demands for Southwestern College and the vicinity to assess transit's potential to serve those trips. URS/BRW will develop the operating requirements (alignments, stops, etc.) for up to three transit service alternatives to serve the project, including the expansion of existing bus service for the site. URS/BRW will include an assessment of the differences in ridership potential for the alternatives in the technical report. LLG will estimate the amount of parking lost or temporarily displaced due to the project and the provision of on-site transit facilities and will address any significant parking impacts. URS/BRW will provide Southwestern College with two working days notice prior to any field work taking place on the project site and provide a description of the work to be done. The draft Traffic Technical Report and Transit Technical Report will be reviewed by and subject to the approval of City staff including staff from the Traffic Engineering Section. Comments will be provided by the City to LLG, URS/BRW, and PCR. A final Traffic Technical Report and Tranist Technical Report will be prepared and summarized in the EIR. If the proposed development has significant traffic and pedestrian circulation impacts, measures will be proposed to mitigate project impacts. A copy of the final traffic and transit technical reports will also be included as an appendix to the EIR. Air Quality PCR will complete an analysis of air quality impacts for the EIR based on the state and federal ambient air quality standards and on compatibility with the adopted air quality plan for the area. Air quality impacts fall into two areas: (I) regional impacts, and (2) localized impacts. They are principally related to traffic on area roadways and, to a lesser extent, to large construction projects. PCR will complete an air quality analysis for the proposed project. This analysis will involve the completion of a Caline carbon monoxide hot spot model for up to four intersections based on traffic 9/25102 Three-Party Agreement Page 24 /0- 3/ volumes developed by LLG. PCR will provide Southwestern College with two working days notice prior to any field work taking place on the project site and provide a description of the work to be done. In addition to the hot spot modeling, a regional discussion of air emissions will be developed based on the proposed land uses. The air quality model URBEMIS (EMFAC7G if necessary) will be used to project future emissions generated by the project. This pollutant contribution will be compared to the regional air quality conditions and an impact assessment will be made. The modeling results will be summarized in the ElR. An air quality technical report will be prepared by PCR and will be included in the EIR appendices. Noise PCR, in coordination with subconsultant ATS Consulting (ATS) will prepare an evaluation of potential noise and vibration impacts associated with construction activities, vehicular transportation, transit, and other aspects of project operation that are noise intensive. The following steps will be undertaken to complete the analysis: A TS will provide Southwestern College with two working days notice prior to any field work taking place on the project site and provide a descllption of the work to be done. I) Survey and map noise sensitive land uses, eXlstmg sources of noise, and features affecting noise transference in the project area and along approach roadways; 2) Conduct noise monitoring at up to six locations to establish ambient noise levels in proximity to potentially affected noise sensitive. land uses including Southwestern Community College campus, Bonita High School, and residential uses located near the proj ect site; 3) Identify and describe relevant local plans, regulations, ordinances, criteria and guidelines associated with noise; 4) Define Thresholds of Significance based on applicable noise criteria and guidelines; 5) Evaluate construction noise to the extent necessary using construction time frames and equipment usage assumptions provided by the Applicant. Future construction noise levels will be predicted and potential impacts will be evaluated utilizing information on the type of construction equipment, published time usage factors, the amount of activity, and the distance of sensitive land uses from the construction site; 9/25/02 Three-Party Agreement Page 25 / tJ - 3;;J- 6) Operational noise impacts from vehicular traffic and other noise intensive site activities will be evaluated by establishing the incremental change from baseline ambient noise levels to project operational levels and then comparing.the predicted noise levels with identified thresholds of significance. Vehicular noise impacts will be assessed at up to six roadway segments based on data from the Traffic Study using models that incorporate Federal Highway Administration (FHW A) traffic noise prediction model (FHW ARD-77 -108) methodologies and criteria; 7) ATS will provide technical support to PCR regarding noise and vibration from transit systems and transit-related development. In particular, A TS will assist PCR staff in identifying noise sources, evaluating noise impacts, and developing fcasible and COS1- effective noise mitigation. The extent of this analysis is based on the assumption that a flex-trolley with wheels is proposed and that plans for the transit component will be at a conceptual level consistent with our understanding of the project as communicated in this proposal; 8) Where significant impacts are identified, mitigation measures will be recommended to the extent feasible. Mitigation measures may include perfonnance standards, changes in the design, location or orientation of proposed land uses, or, restrictions in the hours and types of project activities. The results of the acoustical analysis, in the form of a technical report, will be prepared by A TS and provided to City staff for review. A TS will prepare the noise technical report in accordance with the requirements of the City of Chula Vista. City staff will provide any comments on the acoustical analysis to PCR. The results of the acoustical analysis will then be summarized in the EIR and the full written technical report will be included as an appendix to the EIR. Cultural Resources PCR will evaluate potential impacts on archaeological resources based on the information gathered through a records search. PCR will provide Southwestern College with two working days notice prior to any field work taking place on the project site and provide a description of the work to be done. The following tasks will be undertaken to complete the Cultural Resources Section: I) Submit a request for a records search to help establish site sensitivity through identification of any known archaeological sites or resources in the project area; 9/25102 Three-Party Agreement Page 26 /0 - 33 2) Summarize the findings contained in the record search for the property and, based on an understanding of site surface conditions, establish the sites sensitivity for encountering archaeological resources; 3) Review and describe relevant local, regional, state and federal standards and regulations that apply to cultural resources; 4) Describe existing conditions for cultural resources based on a general site reconnaissance and the findings contained in the archaeological records search, including the number, extent and significance of any known archaeological sites in the project area; 5) Based on the evaluation assessment and the Thresholds of Significance established under the CEQA Guidelines (Section 15064.5) and Public Resources Code (Section S020.1(g)), project-specific and cumulative direct and/or indirect impacts will be defined; 6) Mitigation measures will be provided where feasible for significant impacts. Given surface conditions on the site, it is expected that mitigation will focus on provisions to be followed in the event unknown resources are encountered during excavation activities. Paleontological Resources As described in the Chula Vista General Plan, the project site is underlain by the San Diego Formation and the Otay Formation, which, because of their fossil productivity, are considered to have high sensitivity for encountering vertebrate fossil remains. PCR will provide Southwestern College with two working days notice prior to any field work taking place on the project site and provide a description of the work to be done. PCR's evaluation of the project's potential impacts on palentological resources will include but not be limited to: I) Conduct a records search for paleontological resources to ensure an up to date understanding of site sensitivity based on underlying formations and records on fossil recovery; 2) Review and describe relevant local, regional, state and federal standards and regulations that apply to cultural resources; 3) Describe existing conditions for paleontological resources using information provided in the records search and by summarizing and incorporating by reference information contained in the Chula Vista General Plan EIR. The existing conditions discussion 9/25102 Three-Party Agreement Page 27 10 ~ 31 will identify levels of site sensitivity based on the characteristics of the formations underlying the project site; 4) Define Thresholds of Significance for assessing impacts on paleontological resources and assess the potential impacts of the project on paleontological resources; 5) Provide feasible mitigation measures to address potential impacts drawing from the Chula Vista General Plan EIR. Biological Resources The project site is developed with a parking lot and other minor or temporary structures. The project site also consists of a large vacant lot with minimal vegetation and areas with introduced trees and other ornamental landscaping. To ensure that areas of the site do not contain sensitive biological resources, PCR will collect and review existing biological data available for the site and surrounding area, conduct a general field survey of the site and surrounding areas to identify any areas of potential biological resource sensitivity. If areas of special concern are identified, PCR will make recommendations to the City Of Chula Vista regarding the need for permits or other regulatory processes. PCR will prepare a comprehensive description biological resource conditions supported by mapping of any habitat and species of concern. PCR will recommend mitigation measures if necessary to address significant impacts. The results ofPCR's analysis will be presented in the EIR. No separate technical study will be required for this task. PCR will provide Southwestern College with two working days notice prior to any field work taking place on the project site and provide a description of the work to be done. Hydrology, Drainage, and Urban Stormwater Runoff This section of the EIR will be prepared based on the drainage studies provided by the project applicants. The drainage plans will be reviewed and approved by the City of Chula Vista Engineering Department and incorporated into the EIR. The scope of work includes the following: I. Based on information provided by the applicant prepared in conj unction with the College Marketplace Project, determine the potential for on-and off-site hydrologic impacts associated with the proposed project. Also, describe any modifications to the drainage features that would be anticipated to accommodate the proposed land use changes. 2. Describe necessary National Pollutant Discharge Elimination System (NPDES) permitting requirements and best management practices (BMPs) based on consultation with the City of Chula Vista Engineering Department. A list of BMPs appropriate and drainage fee requirements for the project will be included as mitigation measures in the EIR. The mitigation measures will be developed consistent with Order No. 2001-01 (NPDES No. CASOl08758). 9/25/02 Three-Party Agreement Page 28 /0-35 Geology and Soils The EIR will summarize the geotechnical information prepared for the Property by Robert Pratcr Associates in their report dated June 2000. The summary of the geotechnical report will include the findings, conclusions, and recommendations for the project site. PCR will summarize the geologic setting, anticipated earth units, faults, and potential geologic hazards. Recommendations for detailed geotechnical evaluations and possible mitigation alternatives (e.g., deep foundations, stone columns) will be included in the EIR. Public Services and Utilities PCR will evaluate potential impacts on public services and utilities based on a thorough review of the Southwester Community College District Facilities Master Plan 2000-2015, the Sewer Study and Water Study undertaken for the proposed project, and through consultation with the potentially affected services and utilities agencies. The project's compliance with the City of Chula Vista's growth management standards pertaining to public services and utilities will also be evaluated. The analysis will address services and facilities related to fire protecticJO (including EMS), police services, library services, schools, recreational resources (parks, recreation and open space), water, sewer, solid waste disposal, energy (gas and electricity), and telephone and cable. This analysis will be contained within the EIR and a separate technical study will not be required. Compliance with City Threshold and Standards Policy and Findings of Fact In an effort to preserve the City's quality of life, the City adopted a Growth Management Ordinance (Chapter 19.09 of the Municipal Code) that contains Quality of Life Threshold Standards for II facilities and improvements. These include fire and emergency medical service, police, traffic, parks and recreation, drainage, libraries, air quality, economics, schools, and sewer and water. The scope of work for this section of the EIR will include the following: I. Describe the City's threshold goals and standards for each of the II facilities. 2. Based on the analyses presented in the public services and facilities section of the EIR, summarize the project's consistency with the established thresholds standards and determine if the requirements have been satisfied. Alternatives PCR will examine three alternatives that could feasibly attain the basic Development objectives. including alternatives that could reduce significant environmental effects as identi fied in the environmental analysis of the project. Each alternative will be evaluated as to potentially significant environmental effects through a quantitative comparative analysis on an issue-by-issue basis. In 9/25102 Three-Party Agreement Page 29 /o-3þ addition, the CEQA mandatory "No Project" alternative will be addressed, to include a "plan-to- ground" and "plan-to-plan" analysis. Other project alternatives will be formulated in conjunction with City staff, and could include one reduced scale development alternative. Cumulative Impacts The EIR will include a discussion of potential cumulative impacts. Cumulative impacts are defined as those which by themselves may not result in significant impacts, but when combined with similar impacts from existing, approved but not yet built or planned projects could be cumulatively considerable in their environmental effects, and therefore, potentially significant. Other cumulative effects may be determined to be de minimus, and thus, not cumulatively significant. Issue areas which are likely to be addressed in the Cumulative Impacts section of the project EIR include traffic circulation, air quality, noise, public services and utilities, and biological resources. PCR will consult with City staff to update the list of projects and/or the appropriate "universe(s)" to be considered in the cumulative impacts analysis. Other Mandatory CEQA Sections PCR will address all required CEQA sections, including all sections outlined above, in addition to other mandatory sections, including Growth Inducement and Effects Not Found to be Significant. The Development will be evaluated for its potential to induce economic or population growth through construction of additional housing in the surrounding environment, or by the provision of community services and facilities to serve new development. PCR will also provide a summary of those Effects Found Not to be Significant, with rationale provided as to how the conclusion of non- significance was reached. Additionally, Irreversible Environmental Changes will be discussed, as will Unavoidable Significant Impacts. The discussion of mandatory effects will be contained in the EIR. Task 2: Deliverables 1. Twenty-five (25) copies of the First Screen check Draft E1R and Technical Appendices, provided in three-ring binders. The First Screen check Draft EIR shall be prepared in Microsoft Word 2000 and shall be printed at1.5 spacing. Task 3 - Second Screen check Draft EIR PCR will incorporate City staff and legal counsel comments on the First Screencheck ElR and prepare and submit twenty-five (25) copies of the Second Screencheck Draft ElR to the City for review and comment. Task 3: Deliverables 1. Twenty-five (25) copies of the Second Screencheck Draft E1R and Technical Appendices. provided in three-ring binders. The Second Screen check Draft EIR shall be prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing. Three-Party Agreement Page 30 9/25/02 10-37 Task 4 - Third Screen check (Administrative) Draft EIR PCR will incorporate City staff and legal counsel comments on the Second Screencheck Draft EIR and prepare and submit five (5) copies ofthe Third Screencheck (Administrative) Draft EIR to the City for review and comment. Task 4: Deliverables I. Five (5) copies of the Third Screen check Draft EJR and Technical Appendices. provided in three-ring binders. The Third Screencheck Draft EJR shall he prepared in Microsoft Word 2000 and shall be printed at single spacing. Task 5 - Public Review Draft EIR/NOA/NOC PCR will incorporate City staff and legal counsel comments on the Third Screencheck (Administrative) Draft EIR and then prepare the public review Draft EIR acceptable to the City's Environmental Review Coordinator. PCR will also prepare the Notice of Availability (NOA) and Notice of Completion (NOC). Task 5: Deliverables I. Seventy-five (75) copies each of the NOA, NOC, Draft EJR and Appendices, including ten (J 0) copies of the documents provided in three-ring binders and the remainder bound. Task 6 - Candidate Draft CEQA Findings of Fact/Statement of Over riding Considerations (SOC) PCR will prepare Draft Candidate CEQA Findings of Fact and, if necessary, a Statement of Overriding Considerations for review by City of Chula Vista staff and legal counsel. The Findings will specify which mitigation measures have been incorporated into the project and those measures that have not, and will explain why certain measures have been found to be infeasible. The Findings will also identify feasible project alternatives that could reduce adverse environmental effects but are not being implemented, with an explanation as to why they are considered to be infeasible. Task 6: Deliverables I. Five (5) copies of the draft Overriding Considerations. Candidate Findings of Fact and Statemell[ of 9/25/02 Three-Party Agreement Page 3 I /IJ-3'i? Task 7 - Response to Comments/Final EIR/MMRP/NOD Task 7a: Responses to Comments Following the close of public review, PCR will meet with City staff and review all comments received. Because public reaction to the Draft EIR cannot be predicted with accuracy, PCR has allocated 220 hours of stafftime for preparation of response to comments and production of the Final EIR. In the event public response is greater than expected, PCR will request authorization to proceed with additional work. In the event public comments on the Draft ErR fall bclow this estimate, only the actual time required to respond to comments will be billed. PCR shall prepare draft responses to comments and associated revisions to the Draft EIR. PCR will submit five (5) copies of the draft responses to comments and amended EIR sections to the City for review by City of Chula Vista staff and legal counsel. PCR shall revise the draft responses to comments and amended EIR sections based on comments submitted by City staff and legal counsel. PCR shall then submit the revised draft responses to comments and amended EIR sections for review by the City. Any changes to the responses to comments and amended EIR sections shall be subject to the approval of the City's Environmental Review Coordinator. If additional studies or analyses are requested by the City as a result of the comments received, PCR shall complete those studies through an amendment to the scope work following receipt of authorization fTom the City's Environmental Review Coordinator. Task 7a: Deliverables · Five (5) copies of the draft responses to comments and associated revisions to the Draft EIR . Five (5) copies of the revised draft responses to comments and associated revisions to the Draft EIR Task 7b: Mitigation Monitoring and Reporting Program The Mitigation Monitoring and Reporting Program (MMRP) will be developed at the draft EIR stage and finalized after the close of public review. It will list and identify specific monitoring activities that would be required on an issue-by-issue basis, and will establish a reporting system and criteria for evaluating the success of the mitigation measures. In addition, the MMRP will outline the appropriate time for mitigation of impacts, such as grading permits, final maps, landscape plans, or other discretionary actions. Task 7b: Deliverables · One (1) copy of the draft MMRP · One (1) copy of the revised draft MMRP 9/25102 Three-Party Agreement . Page 32 /0 - 3'1 Task 7c: Final Candidate CEQA Findings of Fact and Statement of Overriding Considerations Should the City determine that additional changes ale needed to the draft Candidate CEQA Findings of Fact and Statement of Overriding Considerations as a result of the comments received during the public review period, PCR shall revise the draft Candidate Findings of Fact and Statement of Overriding Considerations to incorporate these changes. Any changes to the Findings of Fact and Statement of Overriding Considerations shall be subject to the approval of the City's Environmental Review Coordinator. Task 7c: Deliverables . Five (5) copies ofthefinal Candidate CEQA Findings of Fact and Statement of Overriding Considerations Task 7d: Final EIR PCR will prepare a Final EIR, MMRP, Appendices, Candidate CEQA Findings of Fact and Statement of Overriding Considerations (ifapplicable) and the Mitigation Monitoring and Reporting Program (MMRP). PCR will provide seventy-five (75) copies of the final ErR and seventy-five (75) copies of the ErR technical appendices to the City. PCR will also submit a full version of the Final EIR in electronic format (Microsoft Word). In addition, a draft Notice of Oeternlination and California Department of Fish and Game (CDFG) fee certification letter for the project shall be submitted by PCR to the City in preparation for filing with the County Clerk's office, upon project approval. Task 7d: Deliverables 1. Seventy Five (75) copies of the Final E1R, MMRP. Appendices, and Candidale CEQA Findings and Statement of Overriding Considerations (if applicable), including ten (I 0) copies of the Final EIR provided in three-ring binders and the remainder bound. One (J) copy of a draft NOD and CDFG fee certification letter. 2. One (1) reproducible master copy of the Final EIR suitable for reproduction on City equipment and not three-hole punched; and One (I) computer disk copy or CD ROM version of the Final EIR and related documents that can be read by Microsoft Word 2000. Task 8 - Hearing/Meetings PCR's Senior Project Manager will attend, at the direction of the City's Environmental Review Coordinator, project team meetings throughout the Project duration. These include the following meetings: One (I) project initiation and scoping meeting with the City, Applicant, and others; one (I) project meeting or workshop ifrequested by the City; weekly meetings with City staff to discuss the ErR and key issues as they arise; one (I) Resource Conservation Commission meeting; one (1) Planning Commission meeting on the DErR and one (1) Planning Commission hearing on the FElR; Three-Party Agreement 9/25102 Page ]3 /D-'IO one (I) City Council hearing on the FEIR. PCR will attend a total of thirty-nine (39) weekly coordination meetings with City staff. If additional meetings are needed, they will be billed at a time and materials basis at an agreed to cost. Additional meetings requested by the City wi]] be considered additional work pursuant to Section 3.2.2 of this Agreement. 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: Deliverable No. I: Draft NOP and Initial Study October 28, 2002 Deliverable NO.2: Final NOP and Initial Study November 1, 2002 Deliverable No.3: Draft Technical Reports (traffic, transit air quality, and noise) November 11,2002 Deliverable No.4 First Screencheck EIR January 6, 2003 Deliverable No.5: Second Screencheck EIR February 17,2003 Deliverable No.6 Third Screencheck EIR March 24, 2003 Deliverable No.7: Public Review Draft EIRlNOCINOA April 21,2003 Deliverable NO.8: Draft Findings of Fact and Statement of Overriding Considerations July 18,2003 Deliverable No.9: Draft EIR Response to Comments/MMRP July 18,2003 Deliverable No. 10: Final EIR/MMRP/ Final Findings of Fact and SOC Draft Notice of Determination/CDFG fee ltr. July 25, 2003 Deliverable No. II: Meetings and Hearings Per Task 8 Dates for Completion of all Consultant Services: Date of City Council final action on environmental documents, or completion of all tasks to the satisfaction of the City's Environmental Review Coordinator, whichever is later. 9/25102 Three-Party Agreement Page 34 /0- Lf/ 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) tentative parcel map (X) architectural elevations (X) project description. (X) other: Precise Plan, View Analysis, Technical Reports (i.e. Geotechnical Investigation, Drainage Study, Water/Recycled Water Service Study, and Sewer Service Study), and related documents. 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Vestar Development II, L.L.c. 7575 Carson Blvd. Long Beach, CA 90808 Consultant: Gregory J. Broughton, Contract Manager, PCR Services Corporation 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. ( ) Category No. l. ( ) Category No.2. ( ) Category No.3. ( ) Category No.4. ( ) Category No.5. ( ) Category No.6. 9/25/02 Not an FPPC Filer. Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Three-Party Agreement Page 35 I () - '-I,;J- ( ) Category No.7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). II. Permitted Subconsultants: Linscott, Law & Greenspan 1565 Hotel Circle South, Suite 310 San Diego, CA 92108 (619) 299-3090 Linscott, Law, and Greenspan (LLG) will complete the traffic analysis under the direction ofPCR. A TS Consulting, LLC 725 South Figueroa Street, Suite 1580 Los Angeles, CA 90017 (213) 488-7770 ATS Consulting will be completing the noise analysis under the direction ofPCR. URSIBRW Corporation 701 B Street, Suite 530 San Diego, California 92101 URS/BR W will be completing a transit analysis under the direction of PCR. 9/25/02 Three-Party Agreement Page 36 jo-Lf3 Exhibit B Additional Recitals WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental Review Coordinator has determined that the proposed College Marketplace General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map requires the preparation of an EIR; and WHEREAS, it was determined by the Director of Planning and Building that staff has neither the available time or expertise to perform the subject work; and WHEREAS, the Applicant has deposited or will deposit funds for the consulting services necessary for the preparation of the environmental documents; and WHEREAS, a Request for Proposal was distributed to 28 persons or finlls included on the list of qualified Environmental Consultants, and six proposals were received by the City; and WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the Municipal Code to review the proposals and conduct interviews of the most qualified firms based on established evaluation criteria; and WHEREAS, the Selection Committee interviewed the top three firms and recommended PCR Services Corporation to perform the required services for the City; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures; and WHEREAS, the proposed contract with PCR Services Corporation to provide consultant services would be in an amount not to exceed $165,494 with an additional $41,374 for additional services should they be necessary. 9/25102 Three-Party Agreement Page 37 /0-'1'/ Exhibit C Compensation Schedule and Deposit: Terms and Conditions. () Single Fixed Fee Arrangement. For performance of all ofthe General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $165,494 ErR for the College Marketplace General Plan Amendment, Rezone, Precise Plan, and Tentative Parcel Map. Milestone or Event Percent and Amount of Fixed Fee I. Signing of this agreement by all parties and upon the request of the consultant. 10% ($16,549) 2. Submittal ofInitial Study and NOP 10% ($16,549) 3. Submittal of First Screencheck Environmental Document* 30% ($49,648) 4. Commencement of Public Review 25% ($41,374) 5. Completion of Final Environmental Document 15% ($24,824) 6. Retention Percentage - See Section D. below 10% ($16,549) 7.25% Contingency Fee** $41,374 *For purposes of payment the first screencheck shall completely address and analyze all issues identified in the detailed scope-of-work (described in Exhibit "A", Section 5) to the satisfaction of the Environmental Review Coordinator. Payment shall not be made until the City's Environmental Review Coordinator determines that a complete screencheck document has been submitted. 9/25/02 Three-Party Agreement Page ~8 /0- If5 **The Environmental Review Coordinator in her discretion independently or upon request ITom the Consultant, from time to time, may negotiate additional services to be performed by the Consultant under this Agreement in order to cover unforeseen issues that may be identified during the preparation of the environmental document ("Additional Services"). The cost of Additional Services in connection with the environmental document shall not exceed 25% of the total contract amount ($41,373). ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. ( ) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: () Not-to-Exceed Limitation on Time and Materials An'angement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe General and Detailed Services herein required of Consultant for _ including all Materials and other "reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative fee amounting to 10% of the contract. ( X ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $165,494 (plus 25% ifnegotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant ITOm providing additional Services at Consultant's own cost and expense. 9/25/02 Three-Party Agreement Page 39 /0-'1-(, Consultant's Rate Schedule Category of Employee Associate Principal Senior Planner Planner Associate Planner Assistant Planner Senior Tech Tech Graphics 9/25102 /CJ- ¥7 Hourly Rate $115 $85 $75 $65 $60 $95 $65 $55 Three-Party Agreement Page 40 CONSULTANT'S COST BREAKDOWN Task Task 1.0 Project Initiation Review Plans/ldentify Information Needs Initial Study/Notice of Preparation Initial Study Preparation & NOP Prepare 1 st Screencheck Draft EIR Executive Summary & Environmentai Setting Project Description Land Use, Planning and Zoning Landform Alteration/Aesthetics Transportation, Circulation and Access Air Quality Noise Cultural Resources (archaeology/paleontology) Biological Resources Hydrology and Drainage Geology and Soils Public Services/Utilities Other Sections Alternatives Mitigation Monitoring Program Subtotal Task 3.2 Prepare 2nd Screencheck Draft EIR Revise Documents Task 3.3 Prepare 3rd Screencheck Draft EIR Revise documents Task 3.4 Public Review Drart EIRlNOA/NOC Final Edits and Distribution Task 4.1 Prepare Sereenebeek Final EIR Response to Comments, Corrections and Additions Task 4.2 Prepare Final EIR Final Edits and Distribution Task 4.3 Prepare Candidate Draft CEQA Findings, sac Prepare, Revise, Finalize Task 5.0 Meetings and Hearings Attendance, Preparation, Follow-up Task 6.0 Management and Coordination Coordination with City, Subconsuitants, Staff, Scheduling Task 7.0 Technical Reports (Subconsultants) Traffic Report (LL&G) Transit Technical Report (URS/BRW) Transit Noise Support (ATS) 10% Administrative Fee Subtotal Subtotal EIR Miscellaneous Expenses TOTAL Task 2,0 Task 3.1 9/25102 /c)-iff Total Cost 3,680 4,650 3,035 4,710 5,490 4,360 2,430 3,740 4,140 2,600 830 2,920 2,370 4,785 1,560 5,130 2,230 50,330 7,420 2,610 3,620 11,170 2,870 3,800 8,385 4,130 27,165 10.725 1,500 3.939 43,329 $145,994 19,500 $165,494 Three-Party Agreement Page 41 Materials Separately Paid For by Applicant ~ ( ) Materials Reports Copies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( ) Long Distance Telephone Charges (X) Other -SANDAG Model Run Fees Cost or Rate NA NA NA NA NA NA Actual ----------------------------------- Deposit (X) Deposit Amount: $165,494 - As agreed to by the Applicant, 100% of the Deposit ($165,494) is to be made by Vestar Development II, L.L.c.. Applicant agrees to deposit within 10 days if City requests to do so, a sum (estimated to be up to $3,000) for additional Materials separately paid for by the Applicant, and up to $41,374 if additional services are required. (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant. if this paragraph is "checked", upon City's receipt of billing by Consultant, and detenl1ination by City in good faith that Consultant's billing is proper, ajudgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing rrom the amount ofthe Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. () Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. 9/25102 Three-Party Agreement Page 42 /0-'19 - (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: Upon Completion of Milestone C. City's Account Number: To be assigned after agreement is processed. D. Security for Performance ( ) Performance Bond, $ ( ) Letter 0 f Credi t, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Environmental Review Coordinator. ( ) Other: Three-Party Agreement 9/25/02 Page 43 /0-50 COUNCIL AGENDA STATEMENT Item II Meeting Date 10/08/2002 ITEM TITLE: Resolution Authorize the addition of the CBAG Network Assistant position, amending the FY 03 Police Department adopted budget and appropriating unanticipated revenues !Tom CBAG therefore. " Chief of POIiC~v/ (;It:- City Manager ¡<,I)'" (4/Sth Vote: Yes l No~ Request addition ofa new position ofCBAG Network Assistant. SUBMITTED BY: REVIEWED BY: RECOMMENDATION~ Council adopt the resolution authorizing the addition ofthe position of CBAG Network Assistant, amend the FY 03 Police Department budget and appropriating unanticipated revenues !Tom CBAG therefore. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Police Department entered into an agreement with the Office of National Drug Control Policy in 1996 to be the fiscal agent for the California Border Alliance Group (CBAG). CBAG is part of the Southwest Boarder High Intensity Drug Trafficking Area. In essence, the City receives full funding, plus a 2% administrative fee, to hire and administer benefits for CBAG positions. To date, there are currently six CBAG positions with the City ofChula Vista that are fully funded !Tom the Office of National Drug Control Policy. CBAG currently employs a Network Administrator to manage their various LAN's (Local Area Network). When the Network Administrator was originally hired, CBAG only operated a small in- house LAN. However, CBAG now has various LAN's in different locations, as well as, connectivity on several outside computer systems. Additionally, CBAG will be adding additional LAN's and expanding their computer services. Therefore, CBAG requests that the position of Network Assistant be created to provide daily assistance to the Network Administrator, as well as handling the basic network related installation and troubleshooting ofCBAG employees' computers. Due to the nature of the funding, this position will be "Unclassified." Additionally, this position will receive the same benefit package as is provided to the Chula Vista Employees' Association. FISCAL IMPACT: The cost to add this position for FY 03 is $51,000. However, CBAG will fully reimburse the City for the cost of this position, including a 2% administrative fee. Therefore, there is no cost to the General Fund for this fiscal year or succeeding fiscal years. 11-/ RESOLUTION NO. 2002 RESOLUTION OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF THE CBAG NETWORK ASSISTANT POSITION, AMENDING THE FY 03 POLICE DEPARTMENT ADOPTED BUDGET AND APPROPRIATING UNANTICIPATED REVENUES FROM CBAG THEREFORE. WHEREAS, the City of Chula Vista is the fiscal agent for the Office of National Drug Control Policy and the California Border Alliance (CBAG); and, WHEREAS, the City of Chula Vista is fully reimbursed for all CBAG positions; and, WHEREAS, CBAG has requested the addition of a Network Assistant position to assist with their computer network operation; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorize the addition of the CBAG Network Assistant position, amending the FY 03 Police Department adopted budget and appropriating unanticipated revenues from CBAG therefore. Presente i2~ Richard P. Emerson Police Chief Approved as to form by: Ylð1R ~~~'. John M. Kaheny City Attorney /I~ ;;- COUNCIL AGENDA STATEMENT Item: I;¿ Meeting Date: 10/08/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista, California, Approving the Nature Center's Participation in the American Association of Museums' Re-Accreditation Process; and Authorizing the City Manager to Execute the Agreement and Related Documents. SUBMITTED BY: Nature Center Direc~ REVIEWED BY: City Manager~ OW (4/5ths Vote: Yes_ NolL) Originally accredited by the American Association of Museums (AAM) in 1992, the Chula Vista Nature Center's accreditation is due to be re-evaluated. The first step in the evaluation process is the completion of a self-study application for submittal to the AAM's Accreditation Commission. RECOMMENDATION: That the Council adopt the Resolution approving the Nature Center's participation in the AAM's re-accreditation process; and authorizing the City Manager to execute the agreement and related documents. BOARDS/COMMISSIONS RECOMMENDATION: Although the Bayfront Conservancy Trust was officially dissolved in June 2002, on numerous occasions, the board supported the plan to maintain the Nature Center's AAM accreditation. DISCUSSION: The Nature Center was originally accredited by the AAM in 1992 - a distinction held by very few of the museums which operate in the United States. While the actual extent of the positive impacts of maintaining the Nature Center's accreditation are not known, the accreditation does certify to the public and to various donors and foundations that this museum continues to demonstrate a professional level of operation in accordance with the standards of excellence prescribed by the AAM. Given that the Nature Center's accreditation would expire in 2002, the AAM initiated the re- accreditation process which involves the following standard steps: 1. The Self-study; 2. The Visiting Committee On-Site Evaluation; and 3. Final Accreditation Decision The Self-study feedback and supporting documentation provided by Nature Center staff forms the basis for the accreditation review. The Self-study includes questions related to mission, governance, collections stewardship, interpretation/presentation, and administrationlfinance. The submittal must be certified by the governing authority of the museum. While the entire process takes more than 2 years, the Nature Center began the Self-study phase late last year and the Self-study materials are due to the Association on November 30, 2002. It is anticipated that the Self-study will be completed on or about November 25, 2002. This timing will provide for the inclusion of all photographic attachments which will depict up-to-the-day progress on various capital improvements. It becomes necessary, therefore, to authorize, in advance, the review and execution of the agreement after it is completed. FISCAL IMPACT: No fiscal impact is created by this action, Funds to cover expenses related to subsequent steps in the accreditation process have already been included in the Nature Center's operating budget for FY'03. /~-I THE MUSEUM ACCREDITATION SELF-STUDY PREFACE This self-study is the initial step in the accreditation process and serves as the basis of the entire review. It is designed to gather detailed information about all aspects of the museum's operations, mission, goals, and programs in order to demonstrate that the museum meets the eligibility criteria and the characteristics of an accreditable museum. These characteristics and criteria, listed in the next section, are the framework for the questionnaire. The museum's mission is at the core of the accreditation self-study; through a combination of subjective and objective questions as well as the required supporting documentation, the self-study illustrates the relationslúp between the museum's mission and its programs, services, and operations. The self-study process is enhanced when there is broad participation by staff, trustees, and volunteers and when each area of the museum has an opportunity to review its own operation. The broader the participation, the more the self-study will help the museum achieve the goal of self-improvement and self-assessment that is at the center of the accreditation process. The self-study can also be used as a guide for museums that are not involved in accreditation. Museums have found it useful in planning new facilities, developing long-range and strategic plans, and orienting their staff and trustees to the standards of the museum field. For tips on completing a successful self-study, how to facilitate and maxi¡:nize the experience, and how to involve the entire staff, please consult A Higher Standard: The Museum Accreditation Handbook. Tlús book also provides detailed infonnation about the Accreditation Program and the steps in the accreditation application and review process. Confidential Accreditation Self-Study, rev. 4/97 / ;) ~;;;.. ACCREDITATION CRITERIA AND CHARACTERISTICS The self-study is designed to elicit information and evidence that the museum meets the eligibility criteria and demonstrates the characteristics of an accreditable museum; operating according to generally accepted standards and professional practices. I. ELIGIBILITY CRITERIA FOR PARTICIPATING IN THE ACCREDITATION PROGRAM To participate in the American Association of Museums' Accreditation Program, a museum must: 1) meet the following definition of a museum: · be a legally organized not-for-profit institution or part of a not-for-profit institution or government entity; · be essentially educational in nature; · have a formally stated mission; · with one full-time paid professional staff person who has museum knowledge and experience, and is delegated authority and allocated financial resources sufficient to operate the museum effectively; · present regularly scheduled programs and exhibits that use and interpret objects for the public according to accepted standards; · have a formal and appropriate program of documentation, care, and use of collections and/ or tangible objects; and · have a formal and appropriate program of maintenance and presentation of exhibits. 2) have been open to the public for at least two years; be substantially open to the public (at least 1,000 hours a year); have an appropriate annual operating budget (at least $25,000); have accessioned 80 percent of the collection; and demonstrate the characteristics of an accreditable museum. Some institutions may meet the essence of the eligibility criteria but not precisely fulfill one or more of them. In recognition of the diverse nature and goals of museums, AAM encourages institutions to consult with accreditation staff about their special situations before beginning the accreditation process. The staff will be glad to discuss the practical application of the criteria. Confidential Accreditation Self-Study, rev. 4/97 /,;),3 -....^-.----.-.- · " II. CHARACTERISTICS OF AN ACCREDIT ABLE MUSEUM AAM accreditation signifies that a museum voluntarily engages in ongoing self- examination and uses the results of rigorous self-study and peer review to improve its programs and operations. Participation in the process helps a museum regularly evaluate its operations and provides credible evidence that the museum can fulfill its purpose and attain the goals that it proclaims in its IIÙssion. .. Two questions provide the framework for an accreditation review. These questions shape both the Accreditation Commission's deliberations and the Visiting Committee's on-site review and recommendation: 1) How well does the museum achieve its stated mission and goals? 2) How well does the museum's perfonnance meet standards and practices as they are generally understood in the museum field? The characteristics of an accreditable museum reflect the core values and concepts of the AAM Accreditation Program. Mission An accreditable museum has a clear sense of IIÙssion and organizes its governing authority, staff, financial resources, collections, public programs, and activities to focus on meeting its formally stated mission. Governance The governance structure and process effectively advance the museum's mission. The governing authority and staff have a clear and shared understanding of their roles and responsibilities. . There is current and appropriate evidence of planning for the museum's future. Collections Stewardship The collections and/ or tangible objects are appropriate to the IIÙssion. The collections are effectively managed, housed, secured, documented, and conserved. Accreditation Self-Study, rev. 4/97 Confidential /:)~'I Interpretation and Presentation The museum's public programs, collections, and exhibitions effectively advance the IlÚssion. The museum's public programs and exhibitions effectively use ideas, concepts, and objects to provide opportunities for learning and enjoyment. The museum's public programs and exhibitions are Wormed by appropriate research and are effectively presented. The museum effectively identifies and knows the characteristics of its existing and potential audiences. The museum effectively involves its audiences in developing public programs and exhibitions. The museum effectively evaluates its programs and exhibitions. The museum effectively communicates with the public about its programs and exhibitions. The museum's research activities are conducted according to appropriate scholarly standards. Administration and Finance Leadership is in place to develop and manage plans and processes to assure that the museum acquires, develops, and allocates its resources in a way that advances the museum's IlÚssion and sustains its financial viability. The museum's staff have appropriate education, training, and experience.. The accreditation process is predicated on the expectation that each museum complies with all local, state, and federal laws, codes, and regulations applicable to its facilities, operations, and administration. These laws include but are not limited to the following: the Americans with Disabilities Act (ADA); Equal Employment Opportunity; and Native American Graves Protection and Repatriation Act (NAGPRA). Confidential Accreditation Self-Study, rev. 4/97 1;).~5 -_._......_~--"- ORGANIZATION AND CONTENT OF THE SELF-STUDY This self-study is divided into sections, followed by a signature page and a glossary. It is divided so individual sections can be easily duplicated and distributed among departments or staff for completion. A. Museum Profile This section provides a brief overview of the museum, places it in the context of its community, and describes its audience. It also contains the museum's mission statement, which is the key concept and basis of the self-study questions, the Visiting Committee's on-site review, and the Accreditation Commission's deliberations. B. Background This section expands some of the infonnation requested in the profile in order to present and place the museum within both a long-term and short-tenn historical context. Information requested shows how the institution has grown, progressed and changed recently, and allows for an analysis of certain trends. For museums undergoing a subsequent accreditation review, this sections includes a summary of the changes in the facilities and the operations since the last accreditation review. This is very important because accreditation encourages a commitment to continuing institutional improvement and change. To remain accredited, the museum must demonstrate that its operations improve and keep abreast of evolving standards and practices. C. Governance The institution is expected to continue in perpetuity and its permanence is demonstrated by its organizational structure and the relationship between staff and governing authority. This section explores the museum's governance structure and / legal aspects of creation and operation. Of particular importance is a formally adopted institutional code of ethics that is applicable to the museum's staff and governing body. A code of ethics, tailored to reflect the institution's particular mission and discipline, is required of all accredited museums. ~- D. Collections Stewardship For collecting institutions in particular, this section is a central concern of the self-study. Information about the content, care, and use of the collections is critical to the accreditation review. There are four subsections: 1) Scope of Collections shows the relationship between the collections and the museum's mission. It also helps the Accreditation Commission clearly understand the number and types of objects in the collection, so they can accurately evaluate Confidential Accreditation Self-Study, rev. 4/97 /d--~ · whether the objects are appropriately and effectively used, documented, and cared for. 2) Collections Management explores the museum's comprehensive collections management policy, with particular attention to levels and methods of collections documentation. 3) Preservation and Conservation explores how the museum cares for its collections. Preservation and conservation of collections, whether on exillbition or in storage, are indicators of a museum's continuing ability to fulfill its mission. Inherent in the mission is the availability of collections for use in exillbitions and public programs. 4) Use of Obiects and Site Development examines how institutions use and care for the objects in their possession. Tlùs section also examines the maintenance and use of interpreted grounds, structures, and natural areas. E. Interpretation and Presentation Tills section contains questions about the museum's efforts to communicate with the public, its links to its community and its educational role. It also asks about methods of evaluation-an important element of operations that is closely related to the quality of the museum's service to the public. Tills section contains six subsections: 1) Education and Research asks about the type and nature of research the museum engages in and supports. Research can be basic and/ or programmatic; all museums are expected to engage in program research. Tills section also asks about the museum's educational goals and how they reflect and support the mission. 2) Exillbitions addresses the methods by willch the museum operates its exillbitions program, from the planning stages to final installation. It explores both long-term and temporary exillbitions. Exhibitions are a primary form of communication for museums. Information gathered in tills section helps the Commission evaluate the institution's knowledge and ability to effectively use tangible objects and collections to support the mission of the museum. 3) Public Programs asks for extensive data on each type of program the museum offers. Also requested is information on how the public programs are developed, implemented and evaluated, and how they relate to and support the museum's mission. How the museum appeals to and accommodates diverse audiences is a very important aspect of tills section. 4) Publications and Other Media asks for information on how the museum plans, develops, and evaluates its publications and other media. It also explores the goals of the publications program and how they support the museum's mission. 5) Use of Interactive and Emerging Technologies asks about their use, especially as related to the mission, and how they are developed, designed, maintained, and evaluated. 6) Marketing and Public Relations asks about all aspects of tills area of the museum's operations, including goals, relation to mission, evaluation techniques, planning and Accreditation Self-Study, rev. 4/97 Confidential /;)-7 implementation methods. A museum's public relations and marketing activities are an indication of its commibnent to offer broad public access to its programs and collections. Responses to tills section also demonstrate a museum's knowledge of its audiences and its impact on the wider community. F. Administration and Finance Tills section studies the museum's physical, human, and financial resources and how they operate together to support and carry out the museum's mission. Tills section addresses seven specific areas: 1) Staff: Using the information the museum provides about staff, the Commission assesses whether the quantity and quality of human resources are sufficient to enable the institution to achieve its stated goals and mission, and to meet the current standards and practices of the field. All key staff résumés, salaries, and position descriptions, and the museum's personnel policies should be up-to-date to reflect current operations and applicable laws. 2) Volunteers: In many museums volunteers function as unpaid staff. The information gathered in this section enables the Commission to weigh the level of volunteer involvement and the significance of volunteer activities to the museum. 3) Membership and Affiliate Organizations: As part of their stated purpose, these groups should have a direct relationship with the museum's mission. This section requests clear documentation of the relationship between and among these groups and the museum. Membership and affiliated organizations provide important financial and programmatic support that is often critical to the museum and its operations; they are therefore closely evaluated by the Commission. 4) Finances: The Commission can evaluate the stability of the institution based on the financial information supplied by the museum. The detailed fiscal information also enables the Commission and the Visiting Committee to judge the museum within the context of the entire field and to assess whether resources are being allocated appropriately and effectively in order to carry out the museum's mission. Tills section is very important in determining the financial health and viability of the organization, which affects all other aspects of its operations. 5) Ancillary Activities: These activities should relate to the museum's mission and collections. 6) Physical Facilities: Together with the photographs supplied by the museum, the description of the physical facilities helps the Commission determine whether the museum meets the care, safety, and space needs of the collections, exhibitions, staff, and visitors. 7) Safety and Security: Tills information further details the workings of the institution and its provisions for the security of the collections, exhibitions, staff and visitors, which is a primary concern of the Commission's evaluation of the physical plant. Confidential Accreditation Self-Study, rev. 4/97 /d-#~ ~~.~--,-_...__._..-----~"._--_.._----- · G. Supporting Documentation 1) Photographic Documentation: The photographic documentation the museum provides is as important as any written portion of the self-study. The photographs should therefore be of the highest quality and sufficient in number and type to provide a representative illustration of all areas of the museum's operations and collections. 2) Checklist: The checklist is an itemization of each of the required support documents. Each document should be labeled with the museum's name and the date on which is was created, most recently reviewed, or became effective. H. Signature Page The signature page must be dated and bear the signatures of the chief administrative officer and the appropriate head of the governing authority and is required at the time the self-study is submitted to the Accreditation Office. The signatures authorize that the information contained in the self-study is accurate and reflective of the current operations at the museum. Accreditation Self-Study, rev. 4/97 Confidential 1;:)#1 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NATURE CENTER'S PARTICIPATION IN THE AMERICAN ASSOCIATION OF MUSEUMS' RE-ACCREDITATION PROCESS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS WHEREAS, the Nature Center, originally accredited by the American Association of Museums, hereinafter C"AAM") in 1992 is due to be re-evaluated; and WHEREAS, the Bayfront Conservancy Trust, though officially dissolved in June 2002, had on numerous occasions supported the plan to maintain the Nature Center's AAM accreditation; and WHEREAS, the first step in the evaluation process is the completion of a self-study application for submittal to the AAM Accreditation Commission; and WHEREAS, the second step in the evaluation process is the Visiting Committee On-Site evaluation; and WHEREAS, the third step in the evaluation process is the Final Accreditation Decision; and WHEREAS, the Nature Center's self-study materials are due to the AAM on November 30,2002; and WHEREAS, it is anticipated that the self-study will be completed on or about November 25, 2002; and WHEREAS, it is necessary, therefore, to authorize, in advance, the review and execution of the agreement after it is completed; and WHEREAS, funds to cover expenses related to subsequent steps in the accreditation process have already been included in the Nature Center's operation budget for FY'03. J:\Attorney\RESO\Nature Center H.doc /~. /0 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby, approve the Nature Center's participation in the American Association of Museums' re-accreditation process; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement and related documents. ) Presented by Dan Beintema Nature Center Director Joh M. Kaheny . y Attorney 2 /t?-// COUNCIL AGENDA STATEMENT Item: 13 Meeting Date: 10/08/02 ITEM TITLE: Resolution Approving the contract between the City ofChula Vista and the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office for the remainder of FY03 Deputy City Manager Palmer Ø'6f? Public Information Officer REVIEWED BY: City Manager&t í!~ SUBMITTED BY: (4/5ths Vote: Yes _ No Æ According to Council Policy #230-0 I, each year the Council considers a budget and related contract with the Chula Vista Chamber of Commerce (Chamber) for a Chula Vista Convention and Visitors Bureau (CVConvis). The budget and contract with the Chamber for operation of the Chula Vista Visitor Information Center also receives yearly approval. Staff extended these two agreements for the first quarter of this fiscal year, to allow time for the Chamber to begin developing its strategic plan for CVConvis and the Visitor Center, and for the City and Chamber to negotiate a single contract for Council consideration for the provision of these services for the remainder of the fiscal year (See Attachment "A"). RECOMMENDATION: That Council adopt the resolution approving the contract between the City of Chula Vista and the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office for the remainder ofFY03. BOARD/COMMISSION RECOMMENDATIONS: Not applicable. DISCUSSION: Backe;round The City has contracted with the Chamber since 1995 to provide Convention and Visitors Bureau services. In 1994, in conjunction with consideration of the scheduled rate increase in the Transient Occupancy Tax (TOT), Council received a request trom the Chamber of Commerce and Chula Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus serve North County, Carlsbad, East County, and the San Diego metropolitan area. Council adopted a Council policy (#230-01, see Attachment "B") to support a Chula Vista Convention and Visitors Bureau (CV Convis) at its March 21, 1995 meeting. Convention and Visitors r~-I . Page 2, Item: 13 Meeting Date: 10/08/02 Bureaus typically conduct advertising campaigns, produce brochures, attend trade shows, and operate tourist-oriented facilities to promote the City. The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista destinations, including the ARCO U.S. Olympic Training Center (OTC), Coors Amphitheatre, Chula Vista Nature Center, Knott's Soak City U.S.A., Chula Vista Yacht Harbor, local motels, restaurants, shopping, and special events such as Celebrate Chula Vista and Taste of the Arts. CVConvis also promotes Chula Vista during major conventions and events in the region, which in the past has included the Super Bowl and World Series. Also at the March 21, 1995 meeting, Council approved increasing the TOT rate from 8% to 10% and approved a draft budget for CVConvis. The funds to operate CVConvis were included In the approved City budget for fiscal year 1995-96, subject to negotiation of a contract with the Chamber. The last contract was approved by Council in 1997, and has subsequently been extended, via contract amendments, through the first quarter of FY2002-03. On a related subject, the City has had a contract with the Chamber since 1994 for operation of the Visitor Center at the BayfrontIE Street Trolley Station and the provision of general, visitor and transit information at both that location and the Chamber's main office.l Since opening in 1986, the Visitor Center has had four commercial operators, none of whom were able to operate the center at a profit. In late 1994, after considering four proposals to run the Visitor Information Center, the Council approved a contract with the Chamber, which has been extended annually, via contract amendments, through the first quarter of FY2002-03. Since its opening in 1986, the City has paid the costs of utilities, exterior maintenance, building repairs, major improvements and landscaping. The center serves a daily average of more than 200 people who request visitor and transit information. The major focus of the Visitor Center is to provide mass transit information and ticket sales to trolley and bus riders, promote visitor-serving attractions and businesses in the City, and to provide accurate information to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja, Mexico. With the limited retail opportunities at the Visitor Center plus the main focus on providing service to the tourist and transit riders, it is not surprising that a subsidy to the operation is required. Part of the Strategic Plan being developed by the Chamber for CVConvis and the Visitor Center is to identifY other revenue opportunities, as well as other goals and objectives for the Center. The current subsidy is $33,000. Proposed New Contract The Chamber has requested, and staff has concurred, that the two existing separate contracts and all of the amendments for the provision of CVConvis services and the provision of visitor and transit information services be merged into a single new contract between the City and Chamber. Both the Chamber and City staff believe that the provision of promotion services and information services 1 The Bayrront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista and the Metropolitan Transit Development Board (MTDB). The site includes the Visitor Center, which has been administered by the City under a separate agreement. \~-~ Page 3, Item: Jl Meeting Date: 10/08/02 should not be separated and that both services can be offered at the Visitor Center and Chamber main office. To allow time for the development of this contract, City staff approved amendments to the two existing contracts, extending service through the end of the first quarter of FY2002-03, and authorizing payment of $59,919 for the first quarter. Terms: The terms of the merged contract are similar to the terms in the previous separate contracts with the Chamber for CVConvis services, and Visitor and Transit Information Services. The Chamber will provide the following services: · Promote and market the City and the City's visitor destinations, meeting facilities, tourism, and related businesses · Respond to inquiries about transit; provide transit information about trolley and bus schedules, routes, prices and stops; and sell transit passes. · Provide information about Chula Vista (e.g. major hotelslmotels, restaurants, shopping), San Diego County visitor attractions, Southern California, and Northern Baja, Mexico · Provide general information about the City, including City maps and brochures · Operate the Visitor Center between 8am - 4:30pm on weekdays and 8:30am - 4pm on weekends and holidays The term of the proposed contract is for the remainder of the fiscal year, with two one-year options to extend the contract. Staff and the Chamber are aware that the Redevelopment Agency recently approved an exclusive negotiation agreement (ENA) with Barone-Galasso and Associates and the Olson Company for the development of an E Street transit-oriented development project around the Bayfront/E Street Trolley Station and the City's vacant old corporation yard property, and that the existing Visitor Center will be impacted. Staff will work with Community Development and the Chamber through this planning process. Funding: According to Council policy 230-01, a one-year Convention and Visitors Bureau contract is to be executed with the Chamber of Commerce during the course of each year's budget consideration. Guidelines for the contract dollar amount also are set forth in that policy. Those guidelines call for the annual contract amount to be based on the most recent one-year TOT revenue collected (usually April through March), with the contract percentage or dollar amount varying depending on ranges of TOT collected. Based upon the TOT financing formula, the one-year budget for Chula Vista Convention and Visitor Bureau activities, Visitor Center subsidy and other expenses has increased from $146,958 in FYI998-99, $166,861 in FY 1999-00, $168,374 in FY2000-01, $178,294 in FY2001-02, to $181,135 for FY2002-03. Included in the annual TOT-based figure is one-half of the $13,376, or $6,688, that the City pays the Chamber for general information services. The remaining $6,688 is budgeted separately and is added to the TOT-based dollar figure to get the full funding paid annually to the Chamber by the City. In \'3- Page 4, Item: .J.3.... Meèting Date: 10/08/02 addition, also included in the TOT -based figure are funds for the City, not paid to the Chamber, for creating displays or exhibits in the Visitor Center and other expenses, which vary annually. For FY2002-03, that figure is $4,000. Therefore, for the entire FY2002-03, the funds budgeted for the Chamber for Chula Vista Convention and Visitor Bureau activities, Visitor Center subsidy, Chamber Information Services, and City funds for expenses is $181,135 + $6,688 = $187,823. The proposed single contract with the Chamber for the remaining three quarters ofthe fiscal year is for $123,904. The City has already paid the Chamber $59,919 for the first quarter, for a total of $183,823 budgeted for CVConvis, Chamber Information Services, and City Visitor Center subsidy.2 In addition, $4,000 is budgeted for the City to use on Visitor Center displays and exhibits, for a total of$187,823. d d' h Propose Fun mg for t e Chamber I Item Proposed Remaining FY2002-03 Budget CV Convis Promotion Services $89,122 Chamber Information Services $10,032 Visitor Center Subsidy $24,750 TOTAL $123,904 Visitor Center Maintenance N/A- see below Visitor Center Displays/Exhibits $4,000 for City use - not paid to Chamber Visitor Center Bude:et - City Contribution In addition to the CVConvis and Visitor Center subsidy budget allocation per the proposed contract, the City also funds the maintenance of the Visitor Center, as shown below. These maintenance costs are included in the Chula Vista Transit's FY2002-03 budget for the Bayfront/E Street Trolley Station and are the City's responsibilities. Visitor Center Maintenance- City Visitor Center Utilities $29,486 Visitor Center Interior/Exterior Maintenance $33,660 Visitor Center Landscape Maintenance $19,441 2 The first quarter payment paid to the Chamber was larger than one-quarter of an annual budget, as advertising and San Diego CONVIS membership/advertising had to be paid fully in advance, and brochure printing and graphic design services had to be paid one-half in advance, and could not be spread out in equaJ quarterly payments. /3- Lf Page 5, Item: R Meeting Date: 10/08/02 Landscape Supplies $1,020 Landscape Contract Administration $874 Miscellaneous Contractual Services, as needed $18,000 TOTAL: $102,481 Staff and the Chamber are committed to maintaining and operating a safe and responsive Visitor Center. The image of the City is very important and the Chamber is committed through this contract to promote a positive, mendly and responsive image as desired by the City. FISCAL IMPACT: The cost of the proposed contract for the remaining nine months or three quarters of the fiscal year is $123,904. The City has already paid the Chamber $59,919 for the first quarter costs to operate the Visitor Center and provide CVConvis services, for a total of$183,823. In addition, $4,000 is also budgeted for the City's use for Visitor Center displays. Sufficient funds of$163,073 are budgeted in the Office of Communications budget and $24,750 in the BayfrontIE Street Trolley Station budget, for a total of$187,823, to fund this cost. As proposed in the FY2002-03 budget, $181,135 was allocated for the year, based on the TOT allocation formula. In addition, $6,688 was also budgeted for general information services, for a total of$187,823. This compares to a total of$184,982 in FY2001-02. The FY2002-03 budget also includes an additional $102,481 in the Bayfront/E Street Trolley Station budget for maintenance ofthe Visitor Center and trolley station by the City. Attachments A. Contract to Provide Convention and Visitors Bureau Promotion Services And Visitor and Transit Information Services B. Council Policy #230-01 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY A TTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL D~ 7. {/" John M. Kaheny City Attorney 1*(0. Dated: 04t. Z, ZeÞ?. AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES \"3F ~ AGREEMENT TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE This Agreement entered into is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, CHULA VISTA CHAMBER OF COMMERCE ("Chamber"), whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Chamber"), and is made with reference to the following facts: RECITALS Whereas, the City desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast corner of "E" Street and the Interstate 5 (hereinafter "Center") at an address commonly known as 750 "E" Street, and from the Chamber of Commerce office, 233 Fourth Avenue, Chula Vista (hereinafter "Main Office"); and Whereas, the Chamber occupies a unique public service position in the City and has provided general informational and promotional services to the public at large for many years; and Whereas, the Chamber hereby warrants and represents that it is experienced and staffed in a manner such that it can provide the convention and visitor promotion services (hereinafter "Promotion Services") and visitor and transit information services (hereinafter "Information Services") as herein required in accordance with the terms and conditions of this Agreement; and Whereas, the City and Chamber have been party to separate agreements for: Convention and Visitors Bureau Promotion Services from FY 1997-98 as extended through amendments to the first quarter ofFY 2002- 03, a copy of which is on file with the City Clerk as Document No. CO 97-079, (hereinafter "Existing CONVIS Contract") and for Visitor and Transit Information Services from FY 1994-95 as extended through amendments to the first quarter ofFY2002-03, a copy of which is on file with the City Clerk as Document No. CO 94-121, (hereinafter "Existing Information Contract"); and Whereas, the Chamber recently completed a CONVIS Strategic Plan (hereinafter "Strategic Plan") to establish goals and objectives for providing convention and visitor promotion services and visitor and transit information services; and Whereas, the City and Chamber desire to develop a single agreement for the provision of these two types of services, based on said Strategic Plan, and on performance measures to gauge success in providing said servÌces. [End of Recitals. Next Page starts Obligatory Provisions.] Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \"3-7 Page 1 of 29 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, BE IT RESOLVED that the City and Chamber do hereby mutually agree as follows: 1. CHAMBER'S DUTIES A. General Duties Chamber shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Chamber shall also perform all of the services described in Exhibit A, Paragraph 9, entitled" Scope of Work and Schedulell, not inconsistent with the General Duties, according to" and within the time frames set forth in Exhibit A, Paragraph 7, time being of the essence of this agreement. The General Duties and the work required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Chamber, from time to time reduce the Defined Services to be performed by the Chamber under this Agreement. Upon doing so, City and Chamber agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Standard of Care Chamber, in performing any Services under this agreement shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. E. Insurance Chamber represents that it and its agents, staff and subcontractors employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project a",ay from premises owned or rented by Chamber, which names City, Agency, and MTDB as an Additional Insureds for the Transit and Visitors Center and the City and Agency for activities associated with the provision of Promotional Services and Information Services, and which is primary to any policy which the City may otherwise carry Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement 1"3,8 Page 2 of 29 ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. F. Proof of Insurance Coverage. (1) Certificates of Insurance. Chamber shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Chamber's Commercial General Liability Insurance Policy, Chamber shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. G. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 21, indicates the need for Chamber to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Chamber shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bondl1, in said Paragraph 21, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 21, indicates the need for Chamber to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Chamber shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Chamber is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 21, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 21, indicates the need for Chamber to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \3-î Page 3 of 29 entitled "Other Security"), then Chamber shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Chamber agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. DUTIES OF THE CITY A. Consultation and Cooperation City shall regularly consult the Chamber for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 11, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Chamber's performance of this agreement. B. Compensation In no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 20, City shall compensate Chamber for all services rendered by Chamber according to the terms and conditions set forth in Exhibit A, Paragraph 13, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 21 of Exhibit A. 3. ADMINISTRATION OF CONTRACT Each party designates the individuals ("Contract Adininistrators") indicated on Exhibit A, Paragraph 15, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. For those conditions requiring the written approval of the City, the City Contract Administrator shall have the authority to provide said written approval. 4. TERM The term of this Agreement shall be from October 1, 2002 through June 30, 2003. A. Option to Extend Following the initial term of this agreement, the City and Chamber shall have two (2) one- year consecutive options to extend this agreement, for a maximum of two years. Other terrns and conditions of the contract during the option period(s) shall be the same as the initial term. To exercise any such option to extend, the City must give the Chamber written notice of its intention to extend at least three (3) months before the expiration of the initial term or then current extenSion period. The Chamber shall have thirty (30) days to notify the City of its intention to accept the extension option. The City or Chamber's agreement to extend shall be at their sole and absolute discretion. B. Variation in Extension Terms Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \3-/0 Page 4 of 29 At the mutual agreement of the parties, any of the extension terms as provided for in sub- section 4A above may be exercised for a shorter period of time than otherwise applicable. 5. FINANCIAL INTERESTS OF CHAMBER A. Designation as an FPPC Filer. If Chamber is designated on Exhibit A, Paragraph 17, as an "FPPC filer", Chamber is deemed to be a "Chamber" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 170f Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Chamber is designated as an FPPC Filer, Chamber shall not make, or participate in making or in any way attempt to use Chamber's position to influence a governmental decision in which Chamber knows or has reason to know Chamber has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Chamber is designated as an FPPC Filer, Chamber warrants and represents that Chamber has diligently conducted a search and inventory of Chamber's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Chamber does not, to the best of Chamber's knowledge, have an economic interest which would conflict with Chamber's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Chamber is designated as an FPPC Filer, Chamber further warrants and represents that Chamber will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Chamber is designated as an FPPC Filer, Chamber further warrants and represents that Chamber will immediately advise the City Attorney of City if Chamber learns of an economic interest of Chamber's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Chamber warrants and represents that neither Chamber, nor Chamber's immediate family members, nor Chamber's employees or agents ("Chamber Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services. Chula Vista I Chamber of Commerce FY 2003 - CüNVIS Agreement \3-11 Page 5 of 29 Chamber further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Chamber or Chamber Associates in connection with Chamber's performance of this Agreemènt. Chamber promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Chamber agrees that Chamber Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Chamber may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Chamber's responsibilities under this Agreement, except with the written permission of City. 6. HOLD HARMLESS Chamber shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, the Redevelopment Agency of the City of Chula Vista (" Agency"), and the Metropolitan Transit Development Board ("MTDB") for activities associated with the Center and the City and Agency for activities associated with the provision of Promotional Services and Information Services from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Chamber, and Chamber's employees, subcontractors or other persons, agencies or firms for whom Chamber is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or soie willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Chamber, its employees, agents or officers, or any third party. With respect to losses arising from Chamber's professional errors or omissions, Chamber shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) exceptfor those claims arising from the negligence or willful misconduct of City, its officers or employees. Chamber's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Chamber's obligations under this Section shall not be limited by any prior or subsequent declaration by the Chamber. Chamber's obligations under this Section shall survÌve the termination of this Agreement. 7. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, Chamber shall fail to fulfill in a timely and proper manner Chamber's obligations under this Agreement, or if Chamber shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by following the Termination Proceedings as outlined below. Chamber shall be entitled to receive just and equitable compensation for any work satisfactorily completed up to the effective date of Notice of Terrnination, not to exceed the amounts payable hereunder, and less any damages caused City by Chamber's Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \~"Id. Page 6 of 29 breach. City shall be reimbursed for any funds that were advanced for work that extends beyond the effective date of Notice of Termination or for services not performed by Chamber. A. Right to Determine Violations If the City's Contract Administrator or his or her designee (collectively referred to as "City Administrator") shall determine that the Chamber is in violation of the terms of Section 8D ("Critical Violations") or 8E ("Significant Violations"), or other provisions of this Agreement ("Other Violations"), the City Administrator shall notify ("Notice of Determination") the Chamber by telephone (or by such other method as it shall determine appropriate given City Administrator's assessment of the seriousness of the breach and the urgency of the need for cure) of the violations. B. Contents of Notice of Determination The Notice of Determination, verbal or written, shall contain the violation or violations, the date and time, if time specific, of occurrence of the violation, the nature of the violations (i.e., Critical, Significant, Other), and may establish a time within which to commence and effect the cure if the City Administrator desires and if Time to Cure is required to be tendered by the terms hereof (Section 8C). C. Time to Cure (1) Time to Cure Not Required If the City Administrator reasonably determines that a violation by the Chamber was or is either a willful and avoidable violation of Critical nature, or not capable of cure, the City Administrator may institute Termination Proceedings, as herein below defined, immediately without providing time to cure. (2) Time to Cure Required Unless the City Administrator is not required to afford the Chamber time within which to cure the violation(s) pursuant to paragraph 8C(1), the City Administrator may establish a time within which to cure the violation at or subsequent to the time at which it determines a violation has occurred. The City Administrator establishment of a time within which to cure shall be based upon its determination of the Chamber's culpability in committing the violation, economic feasibility to cure, and need to cure. (3) Force Majeure If a violation occurs that is caused by a fire, flood, earthquake, bridge collapse, chemical poisoning, act of war, or similar major calamity, and as a further result of said calamity, the Chamber is prevented from commencing and diligently prosecuting a cure for the violation using reasonable efforts, the duty to cure the violation shall be suspended for the period of time in which the Chamber is prevented, not to exceed one (1) month. (4) Failure to Prosecute Cure Failure to commence the cure immediately, diligently prosecute the cure, and to Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \3-13 Page 7 of 29 effect the cure within the time set by the City Administrator shall be ground for City's termination of this agreement, and Staff may institute Termination Proceedings. D. Critical Violations The following shall constitute "Critical Violations" of this Agreement: The Center is closed, or otherwise not operational in terms of providing visitor and transit service to the public, for any cumulative (not necessarily consecutive) periods in excess of eleven (11) hours during the specified minimum operating hours in any 30-day period; or The Chamber engages in a course of activity, which significantly impedes or diverts the flow of visitors, tourists, and the general public from Chula Vista businesses. E. Significant Violations The following shall constitute "Significant Violations" of this Agreement: The Chamber's performance does not present a positive image of the City or does not provide complete and accurate responses to information requests from the public; or The Chamber allows commercial activities to significantly interfere with providing complete and accurate responses to information requests from the public. F. Termination Proceedings "Termination Proceedings", as herein referenced, shall take the following form: Staff shall establish a date for a hearing ("Hearing") before the City Council of Termination of Agreement not sooner that 7 days from the Notice of Determination. Staff shall provide at least 7 days notice of the Hearing to the Chamber. Notice need not be given to any other party except by the posting on a City Council Agenda. At the Hearing, the City Council shall deliberate upon the occurrence of a violation, and the right to cure the violation, and on such other matters as the Chamber and Staff shall determine are appropriate. If the City Council shall, it the exercise of its reasonable judgment, determine that the best interests of the City are served by the termination of the agreement, it shall by written resolution terminate the agreement ("Notice of Termination"). G. Abandonment If the Center is closed, or otherwise not operational in terms of providing transit and visitor service to the public, during all of the specified minimum operating hours for two consecutive days, this Agreement shall be deemed terminated at the option of the City Administrator and upon exercise thereof, the premises shall be deemed abandoned. 8. ERRORS AND OMISSIONS Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \3- 14- Page 8 of 29 In the event that the City Administrator determines that the Chambers' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Chamber shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 9. TERMINATION OF AGREEMENT FOR CONVENIENCE OF CITY City may terminate this Agreement at any time and for any reason, by giving specific written notice to Chamber of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. If the Agreement is terminated by City as provided in this paragraph, Chamber shall be entitled to receive just and equitable compensation to the effective date of such termination. Chamber hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. City shall be reimbursed for any funds that were advanced for work that extends beyond the effective date of Notice of Termination or for services not performed by the Chamber. 10. ASSIGNABILITY The services of Chamber are personal to the City, and Chamber shall not assign, subcontract, transfer, sublet or encumber any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 11. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Chamber in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 12. INDEPENDENT CONTRACTOR City is interested only in the results obtained and Chamber shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Chamber's work products. Chamber and any of the Chamber's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Chamber shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 13. ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from Chula Vista / Chamber of Conunerce FY 2003 - CONVIS Agreement 13-15 Page 9 of 29 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 the City in the implementation of same. Upon request by City, Chamber shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 14. ATTORNEY'S FEES Should a dispute arising out of this Agreement result in litigation, it is agreed that 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. 15. MISCELLANEOUS A. Chamber not authorized to Represent City Unless specifically authorized in writing by City, Chamber shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Chamber is Real Estate Broker and/ or Salesperson If the box on Exhibit A, Paragraph 18 is marked, the Chamber and/ or their principals is/ are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Chamber represents that neither Chamber, nor their principals are licensed real estate brokers or salespersons. C. Notices Except for verbal Notices of Determination mentioned in Paragraph 8E of this Agreement, all notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \"3·I~ Page 10 of 29 F. Governing LawjVenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. G. Possessory Interest Tax Even though this is a site-specific services agreement, and not a lease, the Chamber shall be responsible for any possessory interest tax, if same may be successfully assessed. H. Solicitation of Business The Chamber may not conduct or solicit any business for the City or for any third party which may be in conflict with the Chamber's responsibilities under this contract. I. Waiver of Certain Rights and Claims The Chamber further agrees to waive and forego the following: relocation benefits, owner participation rights and claims for goodwill. J. No Employee Commissions The Chamber further agrees that none of the Center and CONVIS employees shall be paid commissions of any kind from any source. [End of page. Next page is signature page.] Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \~-11 Page 11 of 29 Signature Page to Agreement to Provide Chula Vista Convention and Visitors Bureau Promotion Services And Visitor and Transit Information Services at the Chula Visitor Information Center and Chamber of Commerce Main Office IN WITNESS WHEREOF, City and Chamber have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: .2002 CITY OF CHULA VISTA By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Exhibit List to Agreement Exhibit A. Exhibit B. Job Description, General Manager, Chula Vista Convention and Visitors Bureau Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \3"\ g Page 12 of 29 Exhibit A to Agreement to Provide Chula Vista Convention and Visitors Bureau Promotion Services And Visitor and Transit Information Services at the Chula Visitor Information Center and Chamber of Commerce Main Office 1. EFFECTIVE DATE OF AGREEMENT: October 1, 2002 through June 30, 2003. 2. CITY-RELATED ENTITY: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista. () Other: . a [insert business form] 3. PLACE OF BUSINESS FOR CITY: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. CHULA VISTA CHAMBER OF COMMERCE 5. BUSINESS FORM OF CHAMBER: ( ) Sole Proprietorship ( ) Partnership (x) Corporation 6. PLACE OF BUSINESS, TELEPHONE AND FAX NUMBER OF CHAMBER: 233 Fourth A venue Chula Vista, California 91910 Voice Phone (619) 420-6602 Fax Phone (619) 420-1269 7. GENERAL DUTIES: CHULA VISTA CONVENTION AND VISITORS BUREAU The general purpose of this duty shall be to promote the City of Chula Vista and Chula Vista visitor destinations, meeting facilities, tourism and related businesses ("Promotion Services"). The Chamber will include in its operations a division known as the Chula Vista Convention and Visitors Bureau ("Bureau") to provide Promotion Services. This division will conduct advertising and marketing campaigns for the Bureau and have an advisory committee, appointed by the Chamber Board. The Chula Vista / Chamber of Commerce FY 2003 - CüNVIS Agreement \3"19 Page 13 of 29 City shall be a member of said committee. Advisory participation on this committee shall be open to all interested parties, regardless of membership in the Chamber. Said open participation shall not preclude fund raising activities or fees for member and/ or patron listings. VISITOR AND TRANSIT INFORMATION SERVICES AT THE CENTER The parties intend that the Chamber shall also provide Information Services, as more particularly described in this contract at the Center and Main Office for the benefit of the City of Chula Vista, the South Bay Region and visitors to the County. The Chamber has a duty to operate the Center and provide public services as specified in this agreement. Although portions of this agreement have certain aspects of a lease, the parties agree that this is primarily a services agreement and it is not a lease. 8. DEFINITIONS: A. "Gross Sales" Defined The Term "Gross Sales" as used in this Agreement shall include the entire Gross Sales of every kind and nature from all sales and services made in the Center whether for credit or cash, whether by the Chamber or by others, with the exception of those products or services on which service fees are earned. Such service fee based products and services include lottery tickets, trolley and transit passes, pay telephones, and credit card transactions. Other products and services may be included in the service fee category with the approval of the City's Contract Administrator. For service fee based products and services, only the amount of the service fee will be included in "Gross Sales". "Gross Sales" shall not include any rebates or refunds to customers or sales taxes accounted for and paid to a governmental agency. B. "Applicable Operating Expenses" Defined The term" Applicable Operating Expenses" as used in this Agreement shall include salary, wages, and benefit costs, inventory purchase costs, custodial costs, and other reasonable Center expenses, except as herein excluded, associated with the Center. 9. SCOPE OF WORK AND SCHEDULE: A. Duties Applying to Both Informational and Promotional Services Pursuant to City Council Policy #230-01 as approved 3/21/95, the Chamber agrees to provide the following services as part of its Informational and Promotional services. (1) In general. The Chamber shall respond to all walk-in, phone and mail inquiries received making reasonable and appropriate requests for information by the Chamber from individuals, groups, businesses, news media, etc., and persons referred by the City. Responses shall be accurate, complete, cooperative and promote goodwill on behalf of the City. Responses shall be made in a timely manner. Walk-in and phone inquiries shall be responded to as they are received unless additional research is required. Mail inquiries shall be responded to within three (3) working days after the receipt of such inquiries, unless extensive research is required. Chula Vista I Chamber of CommerceFY 2003 - CONVIS Agreement \~..~o Page 14 of 29 (2) Staffing The Chamber shall employee qualified competent staff who are neatly dressed and courteous at all times. The Chamber shall be encouraged, but not required, to schedule a minimum of two employees to provide Center services - although, an adequate number of personnel must be scheduled so that Permitted Commercial Activities do not significantly interfere with the primary responsibility of providing Information Services. The Chamber shall also provide an adequate number of personnel who are qualified and competent at the Main Office to provide Information Services during Main Office business hours. (3) Training The Chamber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest from members of the public and to promote visitor-serving attractions and facilities in Chula Vista. The Chamber shall also provide adequate safety training, as determined by the City, to ensure that personnel safely maintain the Center. a. Extensive Knowledge. Center, Main Office, and CONVIS staff must have extensive knowledge of and be capable of disbursing complete and accurate information about the following: i. Chula Vista - including but not limited to, street locations, major hotels / motels, restaurants, visitor attractions, government offices, Chula Vista Nature Center, and major shopping areas. ii. Transit information - including but not limited to, Trolley schedules, prices, and stops, and Chula Vista Transit bus schedules and routes. iii. San Diego County visitor attractions - including, but not limited to Sea World, San Diego Zoo and Wild Animal Park, Horton Plaza, airport, Gaslamp Quarter, Mission Bay, beaches and other attractions, along with applicable admission prices, hours of operation and directions. b. Adequate knowledge. Center, Main Office, and CONVIS staff must have an adequate general knowledge of and be capable of dispensing general information about the following: i. Northern Baja, Mexico - including but not limited to major highways, cities, insurance requirements, major hotels/motels, restaurants, shopping areas, major visitor afuactions, and written information from governmental agencies regarding duty and visa regulations. ii. Southern California - including but not limited to major highways, cities and visitor attractions. c. Visitor Services. Chamber shall provide information (e.g. locations, schedules, directions, applicable fees), on topics including, but not limited to the following: Community clubs and organizations Local events - parades, displays, seasonal promotions Chula Vista Nature Center Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \ ~ -'~ \ Page 15 of 29 u.s. Olympic Training Center Coors Amphitheatre Knott's Soak City Street lmormation - directions, locations, closures, detours, etc. Lodging facilities Transit Airports and Trains Medical, Professional and real estate offices Business Referrals Meeting Rooms Government services/ officials and referrals to appropriate departments Churches and other places of worship Schools, including colleges and universities Museums, historical and cultural sites Mexico - information on tourist cards, parking, etc. Tourist attractions Recreational sites, parks, picnic areas, and beach information Newspaper and local publications RV parking/mobile home parks Chula Vista demographics (e.g. population, housing) d. Chula Vista Promotion. In an effort to promote the Chula Vista, the Chamber shall always provide information in those businesses, facilities, and attractions in Chula Vista which pertain to the request of the person's inquiry. The Chamber shall also suggest businesses, fàcilities or attractions which Chamber believes may be of interest to a visitor. (4) City Image Enhancement The City, as a public entity, is concerned about the image portrayed and services provided by the Chamber and its personnel. The City shall have the right to inform in writing, the Chamber of actions by the Chamber or the Chamber's personnel, which do not conform with the image the City desires to have portrayed. This includes providing complete and accurate Promotion Services and Information Services and presenting a neat, clean, responsive, and friendly image of the City. The Chamber shall take all necessary steps to ensure that its actions project the image desired by the City as directed from time to time. (5) Standard Information The Chamber shall develop and utilize standardized packages of information for responding to general inquiries about Chula Vista as a visitor destination and for new or potential residents of the City. Such packages shall be maintained with current information and shall meet with the approval of the City. The packages may be used, but shall not be deemed solely adequate, for inquiries, making reasonable, specific requests for information not routinely included in the packages. (6) Referrals - Other Agencies For inquiries beyond the expertise of the Chamber, referrals may be made to more appropriate entities. A tally of the number of inquiries referred to other entities, including date of inquiry, type of inquiry (walk-in, phone or mail), entity referred to, and subject of inquiry shall be recorded and reported in the quarterly summary to the City. The Chamber Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \~-~~ Page 16 of 29 will provide the name and address of the person or business making the inquiry, if appropriate. (7) Referrals - Businesses Responses to inquiries shall show no preferential treatment to Chamber members or any other group or individual persons or businesses. Wherever possible, however, referrals to businesses shall be made to businesses in the City of Chula Vista. Referrals shall be rotated among businesses qualified to provide the service or services requested. The Chamber shall coordinate with the City's Community Development Department on responses to significant business relocation inquiries. (8) Customer Feedback During a specified period of this Agreement (as determined by the City and Chamber) the Chamber shall develop and make available to the public unstamped response cards addressed to the City's Office of Communications to obtain feedback on the quality of information provided. Each response to mail inquiries shall include such a card. All cards returned to the Chamber shall be forwarded to the City's Office of Communications. (9) Information The Chamber shall exercise care in ensuring the Center has new, pertinent information as it arises, such as special events, lists of visitor-oriented businesses and attractions. As part of this effort, the Chamber shall include the Center on the Chamber's mailing list. Furthermore, the Chamber shall keep updated information at the Center and the Main Office and maintain a website containing said information ("Website"). (10) Free Services The Chamber shall not charge the public a fee for providing services unless specifically approved in writing by the City. City maps will be sold to the City at cost, and sold at the Center and Main Office for no more than cost plus 15% to the general public. Notwithstanding this prohibition, fees charged by credit card companies for may be passed along to the purchaser. (11) Sample Survey The Chamber shall conduct a sample survey over a two-week period that covers all of the hours and days that the Visitor Center is open to determine who is using the Visitor Center and for what reason. The answers/results from the survey shall be provided to the City. B. Promotion Services and the Chula Vista Convention and Visitors Bureau (1) Marketing and Promotion Chamber shall hire adequate marketing staff ("CONVIS staff') to coordinate an advertising and marketing campaign for the Chula Vista Convention and Visitors Bureau ("Bureau"). In addition, CONVIS staff will oversee Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by CONVIS staff would be anticipated by this Agreement, with such support and liaison being in conjunction with, but Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \3-;;,;).3 Page 17 of 29 not detracting from, the performance of primary CONVIS staff responsibilities. For illustrative purposes, duties of a proposed Ge~eral Manager of CONVIS are attached as Exhibit B. Chamber shall ensure that CONVIS staff do not have any conflict of interest that would negatively impact its provision of Promotion and Information Services. (2) San Diego CONVIS membership Chamber shall maintain membership in the San Diego Convention and Visitors Bureau for the City of Chula Vista and/ or Chula Vista Convention and Visitors Bureau. (3) Distribution of Visitor Brochure and Nature Center Brochure. Chamber shall distribute place Brochures specified by the City at all major brochure racks in San Diego County, including but not limited to those at airports, cruise ship terminals, bus and train stations, hotels, motels, visitor centers and convention centers. (4) Design and Printing of Brochures At City's request, Chamber shall design and print the brochures, flyers, and/ or other publications that focus on promoting Chula Vista and its attractions - such as general visitor brochures or folders, calendar of events, dining and lodging guide, attraction coupon and golf course flyer. The Chamber shall exercise its best efforts to have the costs for the design and/ or printing of these publications (i.e. dining and lodging guide) fully or partially reimbursed by the promoted attractions. Any deficit in production costs shall be paid for by Chamber (5) Advertising Notwithstanding the printing and designing of brochures, Chamber shall spend at least $25,000 of the compensation awarded under this Agreement for advertising. Advertising design, content and placement shall focus on promoting Chula Vista and Chula Vista attractions within the region and maintaining primarily a visitor and/ or convention orientation. Target media may include but are not limited to: regional magazines, recreational vehicle or auto club publications, motel room event and attraction listings, San Diego CONVIS publications, etc. Advertisements shall be placed in at least three tourist- oriented publications and the response/ success of those advertisements communicated to the City. For any ad placement or series of placements in the same publication for which the total price shall exceed $6,000, said placement shall be subject to review and approval by the City's Contract Administrator. The Chamber shall also be encouraged to engage in cooperative advertising campaigns, with participation by the City and by local visitor-oriented businesses. The maximum City and Chamber participation via this Agreement in any such cooperative advertising shall be 60% of the cost of advertising production and placement. The other 40% of advertising expenses shall be borne by the local participants. Such cooperative advertising shall be open to all visitor-oriented Chula Vista businesses, regardless of membership in the Chamber. For those items that would entail graphic or display design (e.g. Advertising, Visitor Brochure, Chula Vista display at the U.s. Olympic Training Center, etc.), the Chamber shall work with City on initial design concepts and obtain the prior written design approval of the City's Office of Communications. Said approval shall be in addition to any other required design review or other discretionary City approvals. Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \~..~~ Page 18 of 29 (6) Specific Promotional Activities As part of this Agreement, the Chamber shall also perform these specific promotional activities: a. Hold at least three meetings per year for the operators of hotels and motels in Chula Vista. Adequate written notice of the time, place and subject matter of these meetings shall be provided (at least 30 days prior to such event). At these meetings, the Chamber and lodging providers will work on develop marketing strategies and communicate ways to improve their businesses and stature within the community. b. At least twice per year, organize F AM (familiarization) tours to the City's major attractions (e.g., Olympic Training Center, Coors Amphitheatre, Knott's Soak City, the Chula Vista Nature Center, three golf courses, etc.) for San Diego CONVIS members, meeting/ convention planners, and concierges from around the County. c. Work with the City and representatives of the following visitor-serving ¡¡ttractions to promote and market them, tying them in, if possible, with City's major attractions: i. Restaurants ii. Shopping iii. Arts and cultural activities iv. Local history v. Libraries vi. Parks and recreation facilities C. Information Services - Visitor Information and Transit Center (750 E Street) The Chamber shall operate a first-class Visitor Information Center according to the following standards for the term of this Agreement as same may be from time to time extended. (1) Hours of Operation The Chamber shall operate the Center at least eight and one-half hours per day on weekdays and seven and one-half hours per day on weekends and holidays. Operating hours shall be 8:00 am to 4:30 pm on weekdays and 8:30 am to 4:00 pm on weekends, subject to amendment by separate written Agreement of the Chamber and City Contract Administrator. The Center may be closed on Easter Sunday, Thanksgiving Day, Christmas Day and New Year's Day. The Center may also close early on Christmas Eve and New Years' Eve , at the Chamber's discretion. (2) Transit Passes The Chamber will make available for sale to the public, transit passes issued by the Metropolitan Transit Development Board (MTDB) and Chula Vista Transit. The Chamber will also make change for transit fares as requested by the public to the extent feasible. (3) Precedence of Services Commercial activities, promotion and/ or referrals shall not interfere with the Chamber's abÚity to provide free, reliable, complete and true information in response to requests from Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \~-~5 Page 19 of 29 public users of the Center. (4) Signage The Chamber may be required to post a "Free Visitor Information" sign at each of the three entrances to the Center or at the counter. Size and design of the sign will meet with the approval of the City. The cost of supplying and installing any such signs(s) shall be borne by the City. (5) The Chamber is prohibited from erecting or creating any signs on the Center that are visible from the outside or in any area within the jurisdiction of the City without prior written approval of the City. Interior signage or advertising is subject to the City's approval. (6) Display Advertising The Chamber shall be permitted to sell display advertising space, which shall be limited to the Dura Trans Board. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City's Approval. (7) Wall Space Except as provided herein or otherwise approved by the City, interior and exterior wall space will be posted only with public service information consistent with material identified in this Agreement. Display material supplied or approved by the City designed to promote visitor attractions in Chula Vista may also be posted on walls. (8) Information Counter Display of retail merchandise on the information counter top shall not significantly interfere with its ability to be seen and used for providing Information Services. Display or additional retail merchandise behind the counter shall present a neat, uncluttered appearance. (9) Pay Phone The Chamber shall be required to maintain at least one public pay phone at the Center. (10) Restroom Access Due to health and safety concerns there are no public restrooms at the Center, although the City reserves the right to allow MTDB and Chula Vista Transit bus drivers to have access to the Center's restrooms, with said access only being through the exterior restroom doors. Exterior doors to the restrooms shall be locked when not being utilized by Center or transit employees. Interior doors opening into the restrooms shall be locked when the Center is closed - i.e., transit employees will only be provided keys to the exterior doors. (11) Compliance with the Law Operation of the Center shall comport with all local, state, and federal laws and regulations, including but not limited to, those provisions of the Chula Vista Municipal Code ("CVMC") relating to the sale of adult materials (as defined in CVMC § 19.04.007) and the County of San Diego Health Department's regulations relating to food sales and consumption. Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \~ ...;;tlø Page 20 of 29 (12) Center Design Layout The Chamber agrees to maintain the current layout of the Center ("Design Layout") which includes a color scheme, theme, lighting, and physical location of furniture, fixtures and equipment such as tables, chairs, racks, shelves, vending machines, display advertisements, etc. The City will work with the Chamber and a space designer (to be provided by the City) to make any changes to the Design Layout necessary for improving Americans with Disabilities Act (ADA) access, improving City image, and improving Information Services and retail revenue. Approval will be subject to all City rules and regulations, including but not limited to Design Review. City may terminate any use in the interior of the Center or layout of the interior facilities, which it finds objectionable; and the Chamber is prohibited from use or decoration of the exterior areas without the advance written approval of the City. The Chamber shall not make any structural improvements or changes to the Center except in accordance with the Design Layout which has been reviewed and approved by the City. The Chamber's operation of the Center will conform to the approved Design Layout. Any changes to the approved Design Layout must have prior approval of the City. The Chamber shall maintain displays in the Center, including, but not limited to, the following: a. One bulletin board of community activities of a size and design acceptable to the City. The Chamber shall insure that current information concerning upcoming special events within Chula Vista are displayed at all times. b. Display map of the City of Chula Vista; c. Display stand of scenes of Chula Vista; d. Display space on the information counter for brochures designated by the City about Chula Vista attractions. The Chamber will further provide space for transit brochures designated by the City in a location mutually agreeable to the parties; and e. At least one fully stocked brochure rack in the lobby area of the Center containing brochures, which provide information on the major visitor attractions in Chula Vista and San Diego County. (13) Maintenance, Repairs, Utilities and Improvements of the Center: a. Regular Maintenance The Chamber shall operate the Center in a safe and reasonable manner. The Chamber shall be responsible for keeping the interior and exterior of the Center free of trash and in good order and condition. This includes, but is not limited to, the vending machine area and private restrootnS. Cleanliness, repair and maintenance shall be done to the City's satisfaction. Restrooms will be cleaned at least once per day. The Chamber shall provide Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \-::, - ;;}. '7 Page 21 of 29 restroom supplies such as toilet paper and paper towels. The Chamber shall be responsible for all costs and supplies necessary for the proper cleaning of the interior of the Center, including graffiti removal that does not require painting, and minor maintenance such as replacing interior light bulbs. The Chamber shall be responsible for the professional cleaning of the interior floors and vending machine area floor at least once every three months using professional equipment and; or personnel. The Chamber shall be responsible for maintenance of the exterior advertising panels, steam cleaning of the exterior patios and walkways of the Center when needed, trash pick-up and removal, and exterior ashtray cleaning. b. Facility Repairs The City shall be responsible for repairing and maintaining the exterior of the Center. This responsibility extends to, but is not limited to, the interior, the roof, exterior walls, landscaping, and exterior graffiti removal. The City shall be responsible for repairing and maintaining all permanent interior improvements to the Center. Said improvements shall include, but not limited to, plumbing, utility systems, windows, fixtures, painting, and wall coverings. c. Emergency Repairs The City authorizes the Chamber to make emergency repairs of up to $500 for items the City is responsible for repairing and maintaining. Emergency repairs include but are not limited to broken windows and roof leaks. The City will reimburse the Chamber for reasonable costs up to $500 for such necessary emergency repairs within sixty (60) days of submitting an invoice to the City's Contract Administrator. d. Negligence Notwithstanding the foregoing subsections, the Chamber will be responsible for all repairs required as a result of negligence of the Chamber or the Chamber's employees. Costs of said repairs shall not be deemed U Applicable Operating Expenses." e. Utilities The City shall be responsible for all water, sewer, and electricity utility costs associated with the use of the Center, including the restroorns. The Chamber shall be responsible for all trash disposal, alarm service and telephone costs. Telephone billing records and long distance charges shall be subject to review and audit by the City. f. Improvements and Personal Property; Title upon Termination Unless otherwise provided in writing by both parties, all improvements to the Center shall be the responsibility of the City, and upon termination of this Agreement, all improvements to the Center (regardless of who performed improvement), all inventory and all personal property remaining on the Center shall Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \3-.;18' Page 22 of 29 be deemed to be the property of City. (14) Right to Inspect Operations The City Contract Administrator shall have the right to enter the Center, inspect same and review the operations of the Chamber under this Agreement at any time during the term of this Agreement. (15) Evaluation of Visitor Center Location Chamber and City shall meet to evaluate the location of the Visitor Center and make a recommendation to the City Manager by January 1, 2003. D. Information Services - Chamber's Main Office (223 Fourth Avenue) and Off-Site In recognition of the fact that not all services can be solely performed at the Center, due primarily to the walk-in oriented business attracted to the Chamber's Main Office, the Chamber shall continue to provide limited General Information Services for the City at its Main Office. The Chamber shall also continue to represent the City at selected trade shows, work with the City's economic development staff to obtain materials and displays, as appropriate, and represent the City at selected special events to promote the City to visitors and enhance its regional image. (1) Main Office Services - Hours of Operation Chamber staff shall be available to provide Main Office Services Monday through Friday from 9:00 am to 5:00 pm, except for New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Holidays cited above falling on a Saturday will be observed on Friday. When a holiday occurs on Sunday, it will be observed on the following Monday. (2) Consolidation of Services Where possible and practical, the Chamber shall endeavor to consolidate Main Office service with that provided at the Center. Efforts to consolidate shall include, but not be limited to, White Pages listing of the Center phone number and site as the Chamber's "General Information/Tourism" contact and review of phone and mail handling procedures. E. Performance Meetings and Minor Amendments to Agreement The Chamber and City shall meet on at least a quarterly basis to review items including, but not limited to: quarterly reports, scope of services, hours of operation, permitted commercial activities, Design Layout, and scope and consolidation of Main Office Services. The Chamber and City Contract Administrator may, in a separate addendum to this Agreement, amend the scope of services or operating conditions relating to: form and content of quarterly reports, hours of operation, permitted commercial activities and Design Layout. Any other changes shall be subject to a formal written amendment approved by the City Council. 10. INSURANCE REQUIREMENTS: Chula Vista I Chamber of Commerce FY 2003 . CONVIS Agreement \~~d-~ Page 23 of 29 (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). (x) All Risk Property Insurance covering the value of property inside the Center 11. RESPONSIBILITIES OF CITY: A. Duty to Make Center Available for the Use and Occupancy of the Chamber City agrees to make the Center available to the Chamber in order to provide the Information Services and Promotion Services herein required, and to conduct such other collateral uses herein permitted, which availability shall be to the exclusion of all other commercial uses of the Centér. The Chamber has no independent right to occupy the Center except to provide its duties outlined in this Agreement. B. Duty to Allow the Chamber to Conduct Certain Commercial Activities (1) Permitted Commercial Activities On the terrns and conditions herein specified, including accordance with the approved Design Layout, the Chamber shall have the right, and City shall permit the Chamber, to conduct the following commercial activities or sales at the Center: Transit tickets and passes Phone Cards A TM Services Pay Phone Services "Chula Vista": T-shirts, Hats; Bumper Stickers; Key Chains; Buttons; Pens; Pencils; and Postcards Film, Flashbulbs and Batteries Maps/ Guide Books Mexican Auto Insurance Newspapers and Magazines Travelers Checks/ American Express services Soft Drinks / Coffee Candy / Gum/ Ice Cream/Snack Foods Sunglasses Suntan Lotion/Chap Stick/First Aid items - such as pain relief medicines Postage Stamps Kleenex/Pocket Combs Lottery Tickets Tour and Excursion Tickets Video / vending machines Display advertising space as permitted herein The sale of products or services not listed above is subject to the City's approval. Such approval shall not be unreasonably withheld, but shall be consistent with the approved Design Layout. Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \ '"3,-30 Page 24 of 29 12. RESPONSIBILITIES OF CHAMBER: A. Quarterly Reports The Chamber shall record and submit in writing quarterly reports to the City for the quarters ending December 31, March 31 and June 30. Said reports are due within 30 calendar days of the end of the quarter and shall include the following: (1) Information Services a. Number of inquiries processed, per location, at both the Center and the Main Office, as received by mail, email, phonè and walk-in visitors. The number of "hits" to the Chamber's Website (created pursuant to this Agreement) shall also be reported. Types of inquiries shall be categorized by, but not limited to, the following topics: Tourist/Visitor related Mass transit- trolley, bus Special Events Business/ service, referrals Other (please specify if significant) b. Additional data shall be collected, in a form and frequency as further specified by the City, regarding visitors' cities of residence and hour and day of visits. (2) Promotion Services Provide progress report and status of duties to be performed under listed in Exhibit A, Paragraph 9B in a form specified by City Contract Administrator. B. Financial Reports Within thirty (30) days after the end of each quarter of the term hereof, commencing with the thirtieth day of the month immediately following the first quarter of this Agreement, and ending with the thirtieth day of the month succeeding the last month of the term of this Agreement or any extension thereto, the Chamber shall furnish to the City a statement in writing, certified by the Chamber to be correct, showing for the previous quarter the Center's Gross Sales and Applicable Operating Expenses. In addition, the Chamber shall furnish a separate certified statement showing the previous quarters revenues and expenditures relating to the provision of all Chamber duties under this Agreement. Furthermore, the Chamber shall keep: (1) Full and accurate books of account and records in accordance with Generally Accepted Accounting Principles consistently applied, including, without limitation, a sales journal, general ledger, payroll records, and all bank account statements showing deposits of Gross Sales, and related revenue (e.g. from joint advertising sales); (2) All cash register receipts with regard to the Gross Sales, credits, refunds and other pertinent transactions made from or at the Center; and Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \,~"3 Page 25 of 29 (3) Detailed original records of any exclusions or deductions from Gross Sales. Such books, receipts and records shall be maintained separate from Chamber records and shall be kept for a period of two (2) years after the close of the each calendar year and shall be available for inspection and audit by the City and its representatives at the Center or at the principal place of business of the Chamber during regular business hours. In addition, upon request of the City, the Chamber agrees to furnish to the City a copy of the Chamber's state and local sales and use tax returns. The City shall, within two (2) years after the receipt of any such statements, be entitled to an audit of such records. Such audit shall be conducted by the City or by certified public accountant to be designated by the City during normal business hours at the principal place of business of the Chamber. In addition, if any of the Chamber's statements shall be found to have understated Gross Sales and other revenues or overstated expenses by more than two percent (2 %), or if such audit shows that the Chamber has failed to maintain the books of account and records required by this section so that the City is unable to verify the accuracy of the Chamber's statement, then the Chamber shall pay to the City all reasonable costs and expenses (including reasonable auditor and attorney fees) which may be incurred by the City in conducting such audit. C. Use of Payments and Revenues The payments from the City to the Chamber and revenues realized from operation of the Center and/ or joint advertising campaigns and/ or other contractual activities shall be used only for providing the Information Services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be transferred on either a temporary or permanent basis for the purpose of subsidizing Chamber operations or the Center that are not part of the Scope of Work detailed in Section 9. Furthermore, these monies shall not be used in support of any political activities for any candidate or issue, nor may they be used to supplant other Chamber funds in any manner that results in such Chamber funds being used to support any political activities for any candidate or issue. Any political expenditures made in relationship to the Chamber will be considered as Political Action Committee (PAC) funds specifically raised for political purposes. 13. COMPENSATION: A. (x) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Chamber as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones set forth below: Single Fixed Fee Amount: $123,904, payable as follows: Promotion Services: Center Information Services: Main Office Information Services: $89,122; payable in quarterly increments of $29,707 $24,750; payable in quarterly increments of $8,250 $10,032; payable in quarterly increments of $3,344 Single Fixed Fee Amount may be higher or lower depending upon the following: For any quarter in which the Applicable Operating Expenses exceed the Gross Sales, the City shall pay to the Chamber one hundred percent (100%) of any annual operating loss, up to a maximum of $24,750 per fiscal year. Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement \~..3~· Page 26 of 29 If Gross Sales exceed Applicable Operating Expenses during any fiscal year, twenty-five percent (25%) of said net profits shall be remitted to the City. For purposes of computing net losses, any monies received from the San Diego County Community Enhancement Program or the San Diego Unified Port District for the Visitor Center or Chula Vista Convention and Visitors Bureau would be counted as Visitor Center revenues. For purposes of computing net profits, monies received from the San Diego County Community Enhancement Program or the San Diego Unified Port District for the Visitor Center Chula Vista Convention and Visitors Bureau would not be counted as Visitor Center revenues. 14. MATERIALS REIMBURSEMENT ARRANGEMENT For the cost of out of pocket expenses incurred by Chamber in the performance of services herein required, City shall pay Chamber at the rates or amounts set forth below: (x) None, the compensation includes all costs. 15. CONTRACT ADMINISTRATORS: City David Palmer, Deputy City Manager, City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5170 Chamber: Lisa Cohen, CEO, Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, CA 91910 (619) 420-6602 16. LIQUIDATED DAMAGES RATE: (x) none ( ) Other: 17. STATEMENT OF ECONOMIC INTERESTS, CHAMBER REPORTING CATEGORIES, PER CONFLICT OF INTEREST CODE: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \ "3..~B Page 27 of 29 ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ). Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. 18. () CHAMBER IS REAL EST ATE BROKER AND/OR SALESPERSON 19. PERMITTED SUBCONTRACTORS: As approved in advance by the City and corresponding to the terms of this Agreement. Sub- contractors may provide: - Mexican Insurance - Indoor A TM Machine - Pay Phone - Soft drink and snack vending machines Any revenues derived from these contracts shall be include the totals for Gross Sales. If physical changes to the Center, Design Layout or grounds are needed to accommodate these types of sub-contractors, the Chamber must receive written approval in advance from the City. 20. BILL PROCESSING: G. Chamber's Billing to be submitted for the following period of time: ( ) Monthly (x) Quarterly Paid in advance. For FY Second Quarter; beginning October 1, 2002: For FY Third Quarter; beginning January 1, 2003: For FY Fourth Quarter; beginning April 1, 2003: $41,301 $41,301 $41,301 ( ) Other: H. Day of the Period for submission of Chamber's Billing: (x) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: I. City's Account Number: 05500-6401 Chula Vista I Chamber of Commerce FY 2003 - CONVIS Agreement \3..3~ Page 28 of 29 21. SECURITY FOR PERFORMANCE: ( ) Performance Bond, $ ( ) Letter of Credit, $ (x) Other Security: Type: In lieu of providing a security deposit or bond, the Chamber hereby agrees that compensation for it services provided under this Agreement may be withheld in payment for, and in proportion to, any repair or maintenance work required as a result of Chamber's failure to maintain the Center in accordance with Exhibit A, Paragraph 9, section C(13). ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Chamber sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: _% ( ) Retention Amount: $ Retention Release Event: () Completion of All Chamber Services () Other: [End of Exhibit A] Chula Vista / Chamber of Commerce FY 2003 - CONVIS Agreement 13--35 Page 29 of 29 Exhibit B ~ Chula Vista Chamber of Commerce Job Description Job Title: General Manager, Chula Vista Convention & Visitors Bureau Reports To: CEO, Chula Vista Chamber of Commerce Location: Chula Vista, California Position Description: .:. Actively promotes the use of Chula Vista, California area as a visitor destination .:. Target and attract visitors to Chula Vista in order to increase revenues to the local economy through tourism expenditures in hotels/motels, area attractions, rental car.s, restaurants, retail, banking, and the many businesses which profit directly and indirectly from tourism dollars .:. Actively promotes attractions, retail, restaurants, etc. to the residents of Chula Vista, and surrounding communities in order to increase revenues to the local economy .:. Develop, coordinate and implement strategies leading to meetings with local hotels/motels/meeting facilitieslbanquet halls, etc. to ensure the improvement of Chula Vista's image and future goals as a convention, meeting, seminar, training and trade show destination .:. Promotion occurs through: personal contact, sales calls, telephone calls, direct mail and industry trade shows .:. Identify, recruit and encourage local people affiliated within markets to hold future meetings in Chula Vista .:. Provides information to Chamber CEO regarding the extent of services provided by the convention and visitors bureau staff .:. Invite key decision makers to Chula Vista for site inspections and familiarization tours .:. Provide site inspection agendas and details to all venues involved in the business (i.e., convention center, hotels, attractions, restaurants, etc.) .:. Maintain a working knowledge of Chula Vista area hotellmotellmeeting facilities and continue close contacts with their sales personnel for information exchange and site visit scheduling .:. Maintain a familiarity with competing areas or issues that impact the Bureau's ability to promote Chula Vista .:. Represent the Bureau at selected and targeted industry meetings and trade shows and follow-up on leads generated at these functions .:. Oversee the staff of the Chula Vista Visitor Information Center (VIC) .:. Achieve monthly, quarterly, and annual sales goals and objectives (VIC) .:. Serve on industry boards and committees as requested to gain exposure within the industry \ ~ -3(0 .:. Complete all necessary and required reports and files to maintain accurate organization files .:. Develop a StrategiclMarketinglBusiness Plan and maintain an annual Financial Plan .:. Develop action plans and budget recommendations to meet/exceed goals and objectives .:. Support and attend Chula Vista Chamber of Commerce events (i.e., Grand OpeningslRibbon Cuttings, Mixers, Awards Receptions, Annual Installation Dinner, Celebrate Chula Vista, etc.) .:. PerfonTI all other duties as assigned Education: .:. College undergraduate degree or equivalent experience in area related to sales, marketing Or public relations/communications with hospitality sales/marketing emphasis Skills: .:. A high degree of written and verbal communication skills. .:. Knowledge of the hospitality industry and meeting planning basics. Other: .:. Requires evening, week-endwork, and meetings, tradeshows, and client presentations .:. Must be a team player Compensation/Benefits: .:. Salary is commensurate with qualifications and experience. How to Applv: Fax or e-mail resume to: Lisa Cohen, CEO Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, CA 91910 619-420-1269 (fax) lisa@chulavistachambeLorg (e-mail) Reference: G.M. position \ '?:, ..31 Attachment 8 \ COUNCIL POLICY CITY OF CHUIA VISTA I ! SUBJECT: SUPPORT FOR A ŒlULA VISTA VISITORS AND CONVENTION BUREAU, SUBJEcr TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRAcr POLICY NUMBER 230-01 EFFECfIVE DATE 07-01-95 PAGE 1 OF 2 ADOPTED BY: Resolution No. 17843 T DATED: 03-21-95 BACKGROUND Particularly given the immincnt opening of the Olympic Training Center in Chula Vista, the Ciry desires to promote tourism and the Cir~. s visitor-oriented amacrions and facilities. Visitor promotion and funding has also been discussed in the context of considering whether to abate the Transient Occupancy Tax (T.O.T.) on April 1, 1995 from 10% to an amounr not less than 8%. PURPOSE The pUIpose of this policy is ro provide guidelines for the amount and use of Visitors and Convention Promotion Funds. POLICY 1. During the annual budget process, the Ciry Council will çonsider the adoption of a Chula Vista Visitors and Convention Promotion Budget for the following fi'¡'cal year. lr shall be the policy of the Ciry that the Visitors and Convention Promotion Budget should be funded from General Fund sources other than the T.O.T., in an amounr addressed in paragraphs 2 and 3 below. In implementing this policy, the T.O.T. revenues collecred may be a measure of the amount of the appropriation, but not the source of funds used for the appropriation. 2. It is the policy of the Ciry Council to direct staff to prepare a proposed FY 1995-96 Visirors and Convention Promotion Budget, for Council's consideration during its FY 95-96 budget deliberations, in an amount of $150,000. . 3. For FY 1996-97 and the three consecutive fiscal years thereafter, ir shall be the policy of the City Council to direct staff to prepare proposed Visitors and Convention Promotion Budgets, for Council's consideration in its annual budger deliberations, in amounts measured by the amount ofT.O.T. revenue collecred in the most recenr I-year period for which data is then available (typically April through March) based on the following guidelines: - If the annual T.O.T. revenue is $1.5 million or less, the proposed Visitors and Convention Promotion Budget would be an amount equivalent to 10% of the T.O.T. revenue collected. - If the annual T.O.T. revenue is more than $1.5 million and less than $2.5 million, the proposed Visitors and Convention Promotion Budget would be $150,000 plus an amount equivalent to 5% of the T.O.T. reVenue in excess of $1.5 million. This guideline would thus result in a maximum proposed annual Visitors and Convention Promotion Budget of $200,000. I "3..3 ~ COUNCIL POLICY CITY OF CHUlA VISTA SUBJECT: SUPPORT FOR A mULA VISTA VISITORS AND CONVENTION BUREAU, SUBJEcr TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRAcr POLICY NUMBER EFFECTIVE DATE PAGE 2 OF 2 ADOPTED BY: Resolution No. 17843 230-01 07-01-95 T DATED: 03-21-95 _ If the annual T.O.T. revenue exceeds $2.5 million, the proposed Visitors and Convention Promotion Budget would be $200,000. The Ciry would then review this Council Policy, including discussing it with the Chamber of Commerce and the Chula Vista Motel Association, to determine whether the policy should be revised to provide any additional guidelines for proposed Visitors and Convention Promotion funding beyond the $200,000 maximum proposed annual amount provided in this policy. The Chula Vista Chamber of Commerce and the Chula Vista Motel Association are forming a Chula Vista Visitors and Convention Bureau, and representatives of those agencies and the Ciry will be involved in formulating a proposed Visitors and Convention Promotion Budget to be considered by the Ciry Council each fiscal year. It is anticipated thar some projects included in the Visitors and Convention Promotion Budger will continue to be administered by the Ciry or be for services for which the Ciry has previously contracred with the Chamber of Commerce. It is also anticipared that a significant portion (probably the majoriry) of the Visitors and Convention Promotion Budger will be for specified services for which the Ciry will execure an annual one·year contract with the Chamber of Commerce, on behalf of the Visitors and Convention Bureau. The Chamber will provide quarterly reports ro the Ciry to be specified in the annual contracr, including appropriare accounting data. " 5. This policy shall be ser for review approximately five years after its adoption date. That review should include, but not be limited ro, the appropriateness of continuing ro establish Visitors and Convention Promotion budgets in relationship to the amount of T.O.T. revenue collecred, the guidelines for such relationships, and the appropriateness of the Chamber of Commerce continuing to act as the contracting arm of the Visirors and Convention Bureau compared to other organizational arrangements such as the establishment of a stand-alone Visitors and Convention Bureau. \~'39 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTION SERVICES, AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE FOR THE REMAINDER OF FY03 WHEREAS, according to Council Policy #230-01, each year the Council considers a budget and related contract with the Chula Vista Chamber of Commerce (Chamber) for a Chula Vista Convention and Visitors Bureau (CVConvis); and WHEREAS, the budget and contract with the Chamber for operation of the Chula Vista Visitor Infonnation Center also receives yearly approval; and WHEREAS, staff extended these two agreements for the first quarter of this fiscal year, to allow time for the Chamber to begin developing its strategic plan for CVConvis and the Visitor Center, and for the City and Chamber to negotiate a single contract for Council consideration for the provision of these services for the remainder of the fiscal year; and WHEREAS, the Chamber has requested, and staff has concurred, that the two existing separate contracts and all of the amendments for the provision of CVConvis services and the provision of visitor and transit infonnation services be merged into a single new contract between the City and Chamber; and WHEREAS, both the Chamber and City staffbelieve that the provision of promotion services and infonnation services should not be separated and that both services can be offered at the Visitor Center and Chamber main office; and WHEREAS, the tenns ofthe merged contract are similar to the tenns in the previous separate contracts with the Chamber for CVConvis services, and Visitor and Transit Infonnation Services; and WHEREAS, the Chamber will provide the following services: . Promote and market the City and the City's visitor destinations, meeting facilities, tourism, and related businesses . Respond to inquiries about transit; provide transit infonnation about trolley and bus schedules, routes, prices and stops; and sell transit passes. 1 \3..4-0 · Provide infonnation about Chula Vista (e.g. major hotels/motels, restaurants, shopping), San Diego County visitor attractions, Southern California, and Northern Baja, Mexico Provide general infonnation about the City, including City maps and brochures Operate the Visitor Center between 8am - 4:30pm on weekdays and 8:30am - 4pm on weekends and holidays · · WHEREAS, the tenn of the proposed contract is for the remainder of the fiscal year, with two one-year options to extend the contract. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby approve the contract between the City of Chula Vista and the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Infonnation Services at the Chula Vista Infonnation Center and Chamber of Commerce Main Office, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf ofthe City of Chula Vista. Presented by Approved as to fonn by ~~ 7. t.h- John M. Kaheny City Attorney .-¡to. David Palmer Deputy City Manager J:\attomey\reso\Charnber Con vis agreement 2 \ 3" 4/ COUNCIL AGENDA STATEMENT Item 14 Meeting Date 10108/2002 ITEM TITLE: Resolution Approving a salary adjustment for the Animal Control Manager classification in the Police Department. SUBMITTED BY: Director of Human Resources~ 01l.- City Manager j-_ v r'" Request for a salary adjustment for the Animal Control Manager classification. REVIEWED BY: (4/5th Vote: Yes _ No~ RECOMMENDATION: Council adopt the resolution authorizing the salary adjustment for the Animal Control Manager classification, to be effective October 18, 2002. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The position of Animal Control Manager has undergone significant change in the last 5 years. Although initially tied to the Business Office Manager in terms of salary and benefits, the position operates with much more autonomy, has a higher exposure to liability and utilizes much more discretion in the operations ofthe section. The physical proximity of the Animal Care Facility presents a physical barrier for direct supervision and therefore requires the Animal Control Manager to operate without any direct observable supervision. This position manages an operation that will double in physical size when the new animal care facility is opened. With this growth in size, comes a growth in the number of contracts with outside agencies to provide animal control services. Currently the City provides animal control services to Imperial Beach, Lemon Grove and National City. The City will also provide sheltering services to the US Customs Service and plans to contract with US Customs for a long term land\1ease deal in which US Customs will build two additional kennel banks to house their drug enforcement canines. This position will oversee these new banks and maintain the important partnership between the City and all four of these agencies. This position will negotiate new contracts and have lead responsibility for carrying out the provisions ofthe contract. And in an effort to run more efficiently, the Animal Control Manager must seek out new partnerships within the animal care profession in an effort to provide the best, most humane services available. This position will also oversee a new component to our animal care operations, the medical clinic and surgery suite. This was not performed in the previous animal care facility and will require oversight of a medical suite where surgery, spaylneuters and other procedures will be performed. Additionally, this position will be responsible for maintaining our Drug Enforcement Agency license for controlled substances (Class II, III, N and V narcotics). This requires specific controls and constant monitoring as the drugs and medicines used could cause injury or death if misused. The political sensitivity required for this position is significant. This position will be working with various animal rights groups and the animal rights community on a daily basis. As has been evident /'-1-/ Page 2, Item f ~ Meeting Date 10/08/2002 - in the past, the animal rights community is very committed to their causes and this position will require an individual that has the political acumen to balance the City's needs with those of the animal rights community. A salary survey was recently completed in order to gauge the appropriate salary level for the Animal Control Manager. Most ofthe comparable agencies studied in the southern California region did not have operations that were the same size, require the same unique duties, or have a civilian manager as the City does. Therefore, internal alignment seemed the most prudent course to set the salary. Because ofthe autonomy, complexity of duties and other factors as outlined above, it was decided to initially set the salary ofthe Animal Control Manager to the same level of civilian Fire Marshal. This will allow the department to aggressively recruit the best talent in the animal control services profession. This position will remain in the Mid-Manager benefit group. FISCAL IMPACT: The current salary for this position is $67,408 and the proposed salary is $84,999. The cost of this salary adjustment for the fiscal year is $13,000, The salary adjustment will be absorbed by the Police Department through anticipated salary savings. Therefore, no additional budget appropriations are required in FY 2003. The increase for FY 04 will be presented' during budget deliberations. /4":;- RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR THE ANIMAL CONTROL MANAGER CLASSIFICATION IN THE POLICE DEPARTMENT WHEREAS, the position of Animal Control Manager has undergone significant change in the last 5 years and manages an operation that will double in physical size when the new animal care facility is opened; and WHEREAS, with this growth in size, comes a growth in the number of contracts with outside agencies to provide animal control services for which this position will negotiate and have lead responsibility for carrying out the provisions of the contract; and WHEREAS, currently the City provides animal control services to Imperial Beach, Lemon Grove, National City, and will also provide sheltering services to the U.S. Customs Service; and WHEREAS, this position will oversee a new component to animal care operations, the medical clinic and surgery suite which also requires that this position be responsible for maintaining our Drug Enforcement Agency license for controlled substances (Class II, III, IV and V narcotics); and WHEREAS, this position will be working with various animal rights groups and the animal rights community on a daily basis and will require an individual that has the political acumen to balance the City's needs with those of the animal rights community; and WHEREAS, a salary survey was recently completed in order to gauge the appropriate salary level for the Animal Control Manager and because of the autonomy, complexity of duties and other factors, it was decided to initially set the salary of the Animal Control Manager to the same level of civilian Fire Marshal; and WHEREAS, future salary increases would follow Mid-Managers schedule and this position will remain in the Mid-Manager benefit group; and WHEREAS, the cost of this salary adjustment for the fiscal year is $13,000, which salary adjustment will be absorbed by the Police Department through anticipated salary savings; and WHEREAS, no additional budget appropriations are required in FY 03; and WHEREAS, the increase for FY 04 will be presented during budget deliberations. 1 /'/-,8 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a salary adjustment for the Animal Control Manager classification in the Police Department effective October 18, 2002. Presented by Approved as to form by Candy Emerson Director of Human Resources 71~&# John M. Kaheny City Attorney J:\Atlomey\reso\HR.AnimaIControl.doc 2 /4~tf COUNCIL AGENDA STATEMENT Item: I S Meeting Date:IÔiõIDõ2 ITEM TITLE: Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY03 Recreation Department appropriating $24,534 in unanticipated revenue, and authoriz' or to execute said agreement (4/5ths Vote: Yes X No _) SUBMITTED BY: REVIEWED BY: City Manager The Chula Vista Middle School has been awarded a State grant for the provision of additional before- and after- school programming hours. The School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding (MOU) for $24,534. These hours are in addition to the existing after-school hours provided by the Department to the School. RECOMMENDATION: That Council adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY03 Recreation Department budget by appropriating $24,534 in unanticipated revenue, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission has been informed of the Middle School's request for additional programming. DISCUSSION: The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. Colla~orative partners in the program include South Bay YMCA and South Bay Community Services, as well as the individual schools. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. The existing core program hours and participating schools are: Rancho Del Rey Middle School Castle Park Middle School Chula Vista Middle School Hilltop Middle School Monday through Friday, 3:00- 5:00pm Monday through Friday, 3:00 - 5:00pm Monday through Friday, 3:00 - 5:00pm Monday through Friday, 3:20 - 5:20pm /5"-/ Page 2, Item ---1S.. Meeting Date: 10/08/02 In FY200l-02, Chula Vista Middle School's annual attendance was 27,850 (or 154 students per day on average). Due to the success of the program, the Chula Vista Middle School has requested that additional hours of daily programming be provided by the Department, to be funded ITom a new 21 st Century grant, with supplemental funding coming ITom existing Safe Neighborhoods, Safe Schools grants available to the School.1 Chula Vista Middle School is proposing an MOU with the City for $24,534 to provide: a) staffing for new extended hours ITom 6 am until 8:15 am and 5 pm until 6:15 pm on Mondays through Fridays during the school year, b) additional service hours during the very busy core program time of 3pm to 5 pm on Mondays through Fridays during the school year, c) hours for staff training meetings, field trips and special events, as needed, and d) three additional hours per day for staff to attend school assemblies, school lunchtimes, and school classes to promote the program to students. The cooperating agencies in this program, South Bay YMCA and South Bay Community Services (SBCS), are also participating in the enhanced programming.2 The enhanced program hours are expected to provide safe activity before school for the many children who arrive at school early as well as extending activity for those who stay at school later, meet community demand for increased before- and after- school supervised programs for youth, and increase overall attendance. The 21 st Century Grant mandates daily attendance of 200 average participants throughout the 2002-03 school year, or 36,200 for the year, which should be achieved easily with the additional hours. In order to meet the average daily attendance figures mandated by the grant so as not to jeopardize the funding for the school, the Recreation Department began providing this extended service when school began on September 3. It is anticipated that as additional grant funding becomes available, the Department will receive requests from other middle schools for additional program hours. The Department will consider each request and, as appropriate, bring forward proposed MOUs for enhanced programming for Council consideration. FISCAL IMPACT: The FY2002-03 budget for the Recreation Department is proposed to be amended, to appropriate $24,534 for staffing costs associated with the provision of additional program hours for the 2002-03 school year, ITom September 3, 2002 through June 19, 2003. Chula Vista Middle School will reimburse the City for expenses following the submittal of invoices for services rendered. The grant funding for these additional hours is for one year only. Should Chula Vista Middle School receive additional grant funding in FY2003-04 for additional hours, the Department will bring forward a proposed MOU and appropriation for Council's consideration at that time. Attachment: "A" ~ MOD between Chula Vista Middle School and the City ofChula Vista 1 The grant is funded through the 21 st Century Community Learning Centers Program, which was established to award grants to public schools, to enable them to plan, implement, or expand projects that benefit the educational, health, social services, cultural and recreational needs of the community. 2 The State has mandated ratios of children to staff at 20: I, which are met by the School through contract services with the City, YMCA, and SBCS as well as with School stafffor the after-school program. 15~;r . RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL DISTRICT FOR THE PROVISION OF EXTENDED BEFORE AND AFTER SCHOOL PROGRAM HOURS, AMENDING THE FY 03 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $24,534 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Chula Vista Middle School has been awarded a State grant for the provision of additional before and after school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding (MOU) for $24,534; and WHEREAS, these hours are in addition to the existing after-school hours provided by the Department to the School. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and Chula Vista Middle School for the provision of extended before and after school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the FY03 Recreation Department budget is hereby amended by appropriating $24,534 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayór of the City ofChula Vista is hereby authorized to execute the MOU on behalfofthe City ofChula Vista. Presented by Approved as to form by DCJ- 7, I-/.-- ""If- Buck Martin Recreation Director John M. Kaheny City Attorney J:IAttorneyIRESOIMOU CVMS After School.doc /5-3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Chula Vista Middle School (hereinafter "Middle School") to provide before- and after- school program hours at Chula Vista Middle School during the time school is in session between September 3, 2002 and June 19, 2003; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBiliTIES OF THE CHULA VISTA MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional before- and after- school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful before- and after- school program. 3. Host bi-monthly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the before- and after- school program hours. 6. Pay to the City an amount up to $24,534 for the City staff costs to provide the additional before- and after- school program hours, as shown in Attachment A. II. RESPONSIBiliTIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional before- and after- school program. Activities include sports, crafts, homework help, games, special Page 1 /6-'1 events, field trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional before- and after- school program at Chula Vista Middle School, during the days school is in session, from September 3, 2002 through June 19, 2003. Staffing will consist of 1288.25 hours of Recreation Specialist, 388.25 hours of Recreation Leader and 655 hours of Recreation Aide at the City's prevailing wages, for a total of 2,331.50 hours. Please see Attachment A for a list of hours by staff and by time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-monthly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional before- and after- school program, in cooperation with Middle School staff. III. COMPENSATION Chula Vista Middle School agrees to pay the City up to $24,534 to support activities provided by the City for the additional before- and after- school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Chula Vista Middle School quarterly beginning October 1, 2002 and thereafter January 1, April1. and June 30, 2003 payable within 30 days of receipt. IV. TERMITERMINATION The term of this Agreement shall commence on September 3, 2002, and continue through August 31, 2003, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attomey's fees) arising out of the Page 2 /5-5 performance of this subcontract by the parties, their agents, employees, subcontractors or others. except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: I~ , 200 ;:¡ Shirley Horton, Mayor CHULA VISTA MIDDLE SCHOOL IJ~~ t/ ØClfh Principa( THE CITY OF CHULA VISTA Approved as to form by: John M. Kaheny City Attomey Page 3 /5-- /,p Attachment A City of Chula Vista Recreation Department Staffing For Additional Before- and After- School Program At Chula Vista Middle School The City shall provide the following staff and hours for the period of September 3, 2002 through June 19, 2003, on the days that school is in session, from Monday through Friday, based on 181 school days: 5Dm - 6:15Dm (1.25 hours Der dav) Recreation Specialist: - 226.25 hours Recreation Leader - 226.25 hours TOTAL: 452.50 hours 6am - 8:15am (2.25 hours Der dav) Recreation Specialist - 407 hours· TOTAL: 407 hours --' 3Dm - 6Dm (3 hours Der day) Recreation Aid - 543 hours TOTAL: 543 hours Hours for staff meetinas. field triDs. sDecial events. as needed Recreation Specialist: - 112 hours Recreation Leader - 112 hours Recreation Aid - 112 hours TOTAL: 336 hours Three additional hours Der dav for attendance in classroom. assemblies. lunchtimes Recreation Specialist - 543 hours TOTAL: 543 hours Summary: Recreation Specialist: - 1,288.25 hours Recreation Leader - 388.25 hours Recreation Aid - 655 hours TOTAL: 2,331.50 hours . The Chula Vista Middle School will ensure that additional staff from the school and the Chula Vista YMCA, a collaborative partner to the school, is also present during these hours so that the Recreation Specialist is not alone during these early morning hours. Page 4 /5 r'7 COUNCIL AGENDA STATEMENT Item: Meeting Date: 10-8-02 !(p ITEM TITLE: Resolution accepting bids and awarding contract for the playgroundlpark renovations of Tiffany Park (CIP PR-225) and Los Ninos, Valle Lindo, and Lancerlot Parks (CIP PR-228) to 3-D Enterprises and transferring $31,416.00 in available PAD funds from CIP PR-228 to CIP PR-225. Resolution accepting bids and awarding contract for the playground/park renovation of Connoley Park (CIP PR-215) to 3-D Enterprises and transferring $59,135.00 in available PAD funds from CIP PR-228 to CIP PR-215. SUBMITTED BY: Andy Campbell, Director of Building and Park Construction~ (;~ City Manager l~ '1}<;V On July 31, 2002, the Director of Building and Park Construction received sealed bids for the Los Ninos, Valle Lindo and Lancerlot Parks Renovation Project (CIP PR-228) and the Tiffany Park Renovation Project (CIP PR-225) in the City of Chula Vista, California. The work to be done, involves the addition of new paving, play equipment, play surfacing, play area curbs, fencing, drainage improvements and site furnishings for the parks and their locations listed below: REVIEWED BY: (4/Sths Vote: Yes l No--.J Ti ffany Park Los Ninos Park Valley Lindo Park Lancerlot Park between Elmhurst St. and East "H" Street, east of Otay Lakes Rd at Max Avenue and Teal Street at Sequoia Street and Brandywine Avenue at the end of"K" Street west of Colorado Avenue The work also includes all labor, material equipment, transportation, protection, and restoration of existing improvements and traffic control necessary for the project as shown on the drawings. An additional $31,416 is needed to complete the Tiffany Park (ClP PR-225) portion of the projects listed above. It is proposed that $31,416 from PAD funds assigned to PR-228 for the Los Ninos, Valle Lindo, and Lancerlot Parks Renovation be transferred to PR-225 for the Tiffany Park Renovation. The total cost of renovating Tiffany Park is $114,720.00 the project has an existing $83,556 from a California State Parks and Recreation Grant. On July 31, 2002, the Director of Building and Park Construction received sealed bids for the Connoley Park Renovation projecl (CIP PR-215) in the City of Chula Vista. The work to be done involves the addition of new retaining walls, paving, play equipment, play surfacing, drainage improvements, site furnishings, irrigation and landscaping at Connoley Park (CIP PR- /(p-/ Page 2, Item: Meeting Date: 1& 10/8/02 215), located at Connoley Avenue south of Orange Avenue in the City ofChula Vista. The work also includes all labor, material, equipment, transportation, protection, and restoration of existing improvements and traffic control necessary for the project. An additional $59,135 is needed to complete the project. It is proposed that $59,135 from PAD funds assigned to PR-228 for the Los Ninos, Valle Lindo, and Lancerlot Parks Renovation be transferred to PR-215 for the Connoley Park Renovation. The total cost of renovating Connoley Park is $250,952 the project has an existing $194,655 !Tom CDBG funds. RECOMMENDATION: That Council approve the resolutions: A) Accepting bids and awarding contract for the playgroundlpark renovations of Tiffany Park (CIP PR-225) and Los Ninos, Valle Lindo, and Lancerlot Parks (CIP PR-228) to 3-D Enterprises and transferring $31,416 in available PAD funds from CIP PR-228 to CIP PR- 225. B) Accepting bids and awarding contract for the playgroundlpark renovation of Connoley Park (CIP PR-215) to 3-D Enterprises and transferring $59,135 in available PAD funds from CIP PR-228 to CIP PR-215. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: Tiffany Park is approximately twenty (20) years old and has deteriorated badly and the playground is not in compliance with the Americans with Disabilities Act (ADA). It is the City's policy to comply with ADA standards whenever facilities are targeted for improvement or renovation. A new cement enclosure, new play equipment, resilient surface, and accessibility are required to renovate this park. Los Ninos, Valle Lindo, and Lancerlot Parks' extstmg play equipment is old, worn, and unrepairable. New resilient surfaces will be added, as needed, per ADA regulations. Connoley Park is approximately twenty-five (25) years old and was a turnkey park that serves the densely populated area in South Chula Vista. The existing turf, slopes, playground equipment and fencing is deteriorating and needs to be renovated, as needed, per ADA regulations. Renovation of these parks will reduce maintenance problems currently encountered due to poor turf, outdated irrigation systems, and old playground equipment. The bid packages sent out to contractors grouped the Los Ninos, Valle Lindo, and Lancerlot Parks (CIP PR-228) and Tiffany Park (CIP PR-225) together and the Connoley Park (CIP PR- 215) as a separate project; the following tables detail the bids received !Tom contractors for these projects: j(P J;;' Page 3, Item: Meeting Date: !f., 10/8/02 Los Valle Tiffany Contractor Ninos Lindo Lancerlot Park Totals 3-D Enterprises, San Diego, CA $91,600 $86,900 $83,326 $95,600 $357,426.00 Phillips National, Inc., Solana Beach, CA $103,271 $116,131 $110,197 $109,925 $439,524.00 Arthur G. Ortiz Concrete, Chula Vista, NO BID - Incomplete CA Information TABLE NO. I Contractor Connoley Park 3-D Enterprises, San Diego, CA $209,126.00 Scheidel Contacting & Engineering, Inc., La $212,500.00 Mesa, CA Western Rim Constructors, Inc., Escondido, $235,257.00 CA Phillips National, Inc., Solana Beach, CA $237,172.00 Arthur G. Ortiz Concrete, Chula Vista, CA NO BID - Incomplete Information TABLE NO.2 The low bid by 3-D Enterprises, Inc. (Table No. I) for the four parks is above the Engineer's estimate of $262,544.00 by $94,882.00 or approximately 37%. The low bid by 3-D Enterprises, Inc. (Table No.2) for Connoley Park is above the Engineer's estimate of $160,036.51 by $49,089.49 or approximately 31 %. Staffs original bid estimates were based on average prices for similar type of work completed during the last three years. Due to the economy and the prevailing wage requirement bid costs have exceeded the original estimates considerably. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 621125 is current and active. 3-D Enterprises, Inc. has also done several CIP projects for the City and their work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contracts for $357,426.00 (Four Parks) and $209,126.00 (Connoley Park) to 3-D Enterprises, Inc. of San Diego, California. Disadvantaged Business Enterprise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Judith Atwood, Community Development Specialist, has reviewed the bid documents submitted by the three lowest bidders. Her conclusion is that DBE review is not required since the lowest bidder, 3-D Enterprises, Inc. did not list any subcontractor's for these projects (See Attachment A). Staff also reviewed 3-D Enterprises, Inc. eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. 3-D Enterprises, Inc. is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of August 1,2002). 1/P~3 Page 4, Item: Meeting Date: 16; 10/8/02 Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment B. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class I (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Wage Statement Since a portion of the funding source for these projects is Community Development Block Grant (CDBG) Funds, based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. Prevailing wage scales are determined by the Federal Department of Labor. Fiscal Impact The tables below detail the funds required and the funds available for the projects as identified in the CIPs: PR-228 -RENOVATION OF LOS NINOS, VALLE LINDO, AND LANCERLOT PARKS CIP PR-228 FUNDS REQUIRED FOR CONSTRUCTION Contract Award Amount (3-D Enterprises, Inc.) $261,826.00 Contingencies (Approximately 10%) $26,183.00 Staff Costs (Design, Survey and Inspection - 10%) $26,183.00 TOTAL $314,191.00 FUNDS AVAILABLE FOR CONSTRUCTION CDBG Funds $95,934.00 P AD Funds $554,125.00 Proposed Transfer of Funds to CIPs PR-215 & PR-225 $(90,551.00) TOTAL $559,508.00 FUNDS REQUIRED FOR CONSTRUCTION Contract Award Amount (3-D Enterprises, lnc.) $95,600.00 Contingencies (Approximately 10%) $9,560.00 Staff Costs (Design, Survey and Inspection - 10%) $9,560.00 TOTAL $114,720.00 FUNDS A V AILABLE FOR CONSTRUCTION State Parks & Recreation Grant Funds $83,556.00 Proposed Transfer of Funds from CIP PR-228 $31,416.00 TOTAL $114,972. 00 PR-225 - RENOVATION OF TIFFANY PARK 1~~1.f Page 5, Item: Meeting Date: 1& 10/8/02 FUNDS REQUIRED FOR CONSTRUCTION Contract Award Amount (3-D Enterprises, Inc.) $209,126.00 Contingencies (Approximately 10%) $20,913.00 Staff Costs (Design, Survey and Inspection- 10%) $20,913.00 TOTAL $250,952.00 FUNDS A V AILABLE FOR CONSTRUCTION CDBG Funds $194,655.00 Proposed Transfer of Funds from CIP PR-228 $59,135.00 TOTAL $253,790.00 CIP PR-215 -RENOVATION FOR CONNOLEY PARK Upon completion of these projects, only routine maintenance will be required. Attachments: A - Memorandum ¡¡-om Community Development B -- Contractor's Disclosure Statement /(~,5 ._,--~. _..._._,-'_..~-~.'--- 77 fFlr NY Community Development Department City OfChula Vista M E M 0 276 Fourth Avenue Chuta Vista, Ca 91910 em OF 619.585.5722 - 619.585.5698 Fax CHUIA VISTA jatwood@ci.chula-vista.ca.us . Monda~August05,2002 TO: JIM HOLMES, CIVIL ENGINEER, DESIGN SECTION FROM: JUDITH ATWOOD, SENIOR COMMUNITY DEVELOPMENT SPECIALIST RE: MBElWBE for PR225/PR228 I have reviewed the bid proposal from 3-D Enterprises for Tiffany, Los Ninos, Valle Lindo and Lancerlot Park Playground Renovation project and have determined that Park Specialists (subcontractor) does not require MBEIWBE certification. Please call me at extension 5036 if you have any questions. /(P~(p ~~f? -.- "--- ---- ~ ':::-=;jE Community Development Department City Of Chula Vista 276 Fourth Avenue Chula Vista. Ca 91910 619.585.5722 - 619.585.5698 Fax jatwood@ci.chula-vista.ca.us MEMO env OF CHUIA VISTA Monday, August 26, 2002 TO: JIM HOLMES, CIVIL ENGINEER, DESIGN SECTION FROM: JUDITH ATWOOD, SENIOR COMMUNITY DEVELOPMENT SPECIALIST RE: MBElWBE for PR215 I have reviewed the bid proposal from 3-D Enterprises for Connoley Park renovation. 3- D Enterprises identified three (3) sub-contractors for the project which required submittal of certification to ensure MBEIWBE compliance. 3-D Enterprises submitted the required MBE/DBE certifications for each of the sub- contractors and has met the requirements. Please call me at extension 5036 if you have any questions. 1tí;-1 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 10 1-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a fmancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. rJ fN'Q- 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individU~ $1000 investment in the business (corporation/partnership) entity. 3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. Nir- 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~Ae/. 55 J;\EngineerIADMINlCONTRAC1\PR225 PR228 Contract. doc /(P-'8 5. Has any person' associated with this contract had any financial dealings wi~ æffficial" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_No*, If Yes, briefly describe the nature of the financial interest the official" may have in this contract. ¡JA-- 6. Have you made a contribution of more than $25~ the past twelve (12) months to a current member of the Chula Vista City Council? Yes NO~fYes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more ~~:.~~O over the past four (4) years to a current member of the Chula Vista City Council? Yes_No ~s, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? ·s includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No If Yes, which official" and what was the nature of item provided? "'«#7/ Si~d, . ~./D~ Print or type name of Contractor/ App cant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fÌaternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Mernber of a board, commission, or committee of the City, employee, or staff members. 56 J:\EngjneerIADM!N\CONTRAClìPR225PR228 Contract.doc /b'9 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PLA YGROUND/P ARK RENOVATIONS OF TIFFANY PARK (CIP PR-225) AND LOS NINOS, VALLE LINDO, AND LANCERLOT PARKS (CIP PR- 228) TO 3-D ENTERPRISES, INC. AND TRANSFERRING $31,416.00 IN AVAILABLE PAD FUNDS FROM CIP PR-228 TO CIP PR-225 WHEREAS, on July 31, 2002, the Director of Building and Park Construction received sealed bids for the Los Ninos, Valle Lindo and Lancelot Parks Renovation Project (CIP PR-228) and the Tiffany Park Renovation Project (CIP PR-225) in the City of Chula Vista, California; and WHEREAS, the work to be done, involves the addition of new paving, play equipment, play surfacing, play area curbs, fencing, drainage improvements and site furnishings for the following parks and their locations: Tiffany Park between Elmhurst St. and East "H" Street, east of Otay Lakes Road; Los Ninos Park at Max Avenue and Teal Street; Valley Lindo Park at Sequoia Street and Brandywine Avenue; and Lancerlot Park at the end of "K" Street, west of Colorado Avenue; and WHEREAS, the work also includes all labor, material equipment, transportation, protection, and restoration of existing improvements and traffic control necessary for the project as shown on the drawings; and WHEREAS, the bids received from contractors for these projects are as follows: Los Valle Tiffany Contractor Ninos Lindo Lancerlot Park Totals 3-D Enterprises, San Diego, CA $91,600 $86,900 $83,326 $95,600 $357,426.00 Phillips National, Inc., Solana Beach, CA $103,271 $116,131 $110,197 $109,925 $439,524.00 Arthur G. Ortiz Concrete, Chula Vista, NO BID - Incomplete CA Information WHEREAS, the low bid by 3-D Enterprises, Inc. for the four parks is above the Engineer's estimate of $262,544.00 by $94,882.00 or approximately 37%; and WHEREAS, engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contracts for $357,426.00 (four parks) to 3-D Enterprises, Inc. of San Diego, California; and //P..-/O WHEREAS, the bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals; and WHEREAS, the bid documents submitted by the three lowest bidders have been reviewed and it is concluded that DBE review is not required since the lowest bidder, 3-D Enterprises, Inc. did not list any subcontractor's for these proj ects; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, a portion of the funding source for these projects is Community Development Block Grant (CDBG) Funds, based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project and WHEREAS, an additional $31,416 is needed to complete the Tiffany Park (CIP PR-225) portion of the project and it is proposed that PAD funds assigned to PR-228 for the Los Ninos, Valle Lindo, and Lancerlot Parks Renovation be transferred to PR-225 for the Tiffany Park Renovation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award contract for the playground/park renovations of Tiffany Park (CIP PR-225) and Los Ninos, Valle Lindo, and Lancerlot Parks (CIP PR-228) to 3-D Enterprises, Inc. BE IT FURTHER RESOLVED that $31,416.00 in available PAD funds from CIP PR- 228 be transferred to CIP PR-215. Presented by Approved as to form by Andy Campbell Director of Parks and Recreation J:\attomey\reso\P&RTiffany Park.bid 1 If; -/ / 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PLAYGROUNDIPARK RENOVATION OF CONNOLEY PARK (CIP PR-215) TO 3-D ENTERPRISES, INC. AND TRANSFERRING $59,135.00 IN AVAILABLE PAD FUNDS FROM CIP PR-228 TO CIP PR-215 WHEREAS, on July 31, 2002, the Director of Building and Park Construction received sealed bids for the Connoley Park Renovation Project (CIP PR-215) in the City ofChula Vista; and WHEREAS, the work to be done, involves the addition of new retaining walls, paving, play equipment, play surfacing, drainage improvements, site furnishings, irrigation and landscaping; and WHEREAS, the work also includes all labor, material equipment, transportation, protection, and restoration of existing improvements and traffic control necessary for the project as shown on the drawings; and WHEREAS, the bids received from contractors for this project is as follows: Contractor Connoley Park 3-D Enterprises, San Diego, CA $209;126.00 Scheidel Contacting & Engineering, Inc., La $212,500.00 Mesa, CA Western Rim Constructors, Inc., Escondido, $235,257.00 CA Phillips National, Inc., Solana Beach, CA $237,172.00 Arthur G. Ortiz Concrete, Chula Vista, CA NO BID - Incomplete Information WHEREAS, the low bid by 3-D Enterprises, Inc. for Connoley Park is above the Engineer's estimate of $160,036.51 by $49,089.49 or approximately 31 %; and WHEREAS, engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract for $209,126.00 (Connoley Park) to 3-D Enterprises, Inc. of San Diego, California; and WHEREAS, the bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals; and WHEREAS, the bid documents submitted by the three lowest bidders have been reviewed and it is concluded that DBE review is not required since the lowest bidder, 3-D Enterprises, Inc. did not list any subcontractor's for this project; and /iß~/:;- WHEREAS, staff also reviewed 3-D Enterprises, Inc. eligibility status with regard to federal procurement programs and the status of the State contractor's licenses; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, a portion of the funding source for these projects is Community Development Block Grant (CDBG) Funds, based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bid and award contract for the playground/park renovation of Connoley Park (CIP PR-215) to 3-D Enterprises, Inc. BE IT FURTHER RESOLVED that $59,135.00 in available PAD funds from CIP PR- 228 be transferred to CIP PR-215. Presented by Approved as to form by Andy Campbell Director of Parks and Recreation J :\attomey\reso\P&RConnoley Park.bid I /(P~ /3 2 PAGE 1, ITEM NO.: 17 MEETING DATE: 10/08/02 CITY COUNCIL AGENDA STATEMENT IIEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE, WITH CONDITIONS, OF BAY BOULEVARD BETWEEN F AND J STREETS, F STREET WEST OF BAY BOULEVARD, LAGOON DRIVE, MARINA PARKWAY BETWEEN HAND J STREETS, AS WELL AS PORTIONS OF F, G, H, I, AND J STREETS AS NEEDED BETWEEN THE HOURS OF 5:00 A.M. - 2:00 P.M. ON OCTOBER 27, 2002 FOR THE PURPOSE OF HOLDING THE 2002 ARTURO BARRIOS 5K AND 10K RACES. SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L_S, REVIEWED BY: CITY MANAGERtpIJ... ~¡v 4/5THS VOTE: YES D NO D BACKGROUND For 14 years, the City of Chula Vista, the Port of San Diego and other local private and non-profit entities have sponsored the Arturo Barrios races at the Chula Vista bayfront. The event includes 5K and 10K runs, as well as other activities on the last Saturday morning in October, requires City Council approval of certain street closures. The event welcomes a variety of amateur athletes, including members of the US Olympic Team, and receives national news media coverage. RECOMMENDATION It is recommended that the City Council adopt the resolution approving closure, with conditions, of Bay Boulevard between F and J Streets, F Street west of Bay Boulevard, Lagoon Drive, Marina Parkway between Hand J Streets, as well as portions of F, G, H, I and J Streets as needed between the hours af 5 a.m. - 2 p.m. an October 27, 2002 for the purpose of holding the 2002 Arturo Barrios 5K ond 1 OK races. BOARDS/COMMISSIONS RECOMMENDATION N/A DISCUSSION In planning the street closure for the 14'h Annual Arturo Barrios Race, the Chula Vista Police Department, Chula Vista Public Works Department and Elite Racing - the event coordinator, )'1-1 PAGE 2, ITEM NO.: MEETING DATE: /1 10/08/02 created and mutually approved a traffic control plan and medical access plan. These items are included as an attachment and as conditions to the resolution approving the street closures for this event which requires Council action pursuant to the Chula Vista Municipal Code. FISCAL IMPACT There is not a fiscal impact associated with this specific street closure request. However, the Cify/Agency does provide an annual contribution of $25,000 to the event plus "in-kind" services totaling $15,000 for a variefy of Cify support services to the event. Additionally, the Agency has absorbed Chula Vista Transit (CYT) costs for the event in the past. This year, private shuttle buses are being utilized and the Agency will absorb that cost as well. AnACHMENTS I. Arturo Barrios Traffic Control Plan 2. Maps of the race routes 3. Arturo Barrios Medical Plan J:\COMMDEV\STAFf.REP\lO·08-02\Arturo Sf Closure 02.doc /1-;;" ~.._~.<- 14th Annual Arturo Barrios 5K & lOK October 27,2002 Chula Vista Harbor TRAFFIC CONTROL SCHEDULE · 0500 Hours - Early shift line-up Traffic Bureau at CVPD · 0530 Hours - Event line-up for all other personnel at CVPD · 0600 Hours - Command Post operational Officers on post Activate two-way traffic flow for Marina Parkway Close W/B "J" St except for official passes · 0720 Hours - Activate all traffic posts and roadway closures · 0730 Hours - Start People's 5K Run Per Command Post: Activate minimal 'between' race traffic Movement (DESIGNATED POSTS ONLY) · 0735 Hours - Start People's 5K Walk · 0830 Hours - Start People's IOK Run Per Command Post: Activate minimal 'between' race traffic Movement (DESIGNATED POSTS ONLY) Activate traffic plan for Elite Race · 1000 Hours - Start Elite Race · ] 030 Hours - Activate traffic plan for Fiesta Kid's Run · 1045 Hours - Start Kids I-mile Run · 1100 Hours - Start Kids V,-mile Run · 1230 Hours - Deactivate traffic controls Monitor traffic conditions Secure from posts · 1400 Hours - All personnel returned to CVPD, EOS /1-:3 People's Courses: 5K (1 loop) - 10K (2 loops) E STREET F STREET G STREET ~ ~ '"' m" . en ;;: ~ w ,g ::J ~ 0. 5- " B~~e '6' " ~ 'U ^ :¡: ~ (2 loops) H STREET ChulaVisla " Manna RV '< Park 5k START (1 loop) C6 " HEALTH AND ",2: FITNESS EXPO ~> FINISH LINE z~ ,.'" I STREET ;: [!] "," OJ Q.) ,." '< ~~ ,,'" OJ z" -:r ,.:r "c < ... "=I I::r 0.. "m C1 J STREET SAN DIEGO BAY N A MAP NOT TO SCALE LEGEND @ = Cheer Station @ = Band Site 8 = Marching Band /1-'1 (;j G S "f.!~ e e 'í" ~ Ñ ;; MAP /'1&\ > "Í~ ~Ale ~ - :z. > -p > Qf>. ~ ;:,;. ?'\: :z. ~ ç:¡ > -a -< - ~ ø ~ :E ;:,;. -< HeAL -m ¡þ FIi'l'IeSS ex.?~ ,~ CHlllA V\&''''fA MAßINA f't~ß"Íf{ AM6ßICAf't Ð/é "Í6AM CHAM?\ØI'lSHI? cøußse MAl' êlC"íêlB(¡ß 27. 2002 ~ 1000 AM 2% ,~., LAPS ~ BêlBiJ BY 'Ífi8 BAY /1~5 .~ F\Ñ\~ Arturo Barrios 5K and lOK Medical Plan General: The following is the architecture and guidelines for medical care, transportation and communications. It consists of methods and procedures to be followed for requests for ambulance transportation of participants and spectators. It allows for close coordination between the Medical Team, the city's ambulance provider, and Elite Racing. Inc. Components: · Medical Director (MD) = Steven P. Van Camp, M.D., FACSM · AMR Ambulances provided by the City of Chula Vista (AMR) Two (2) Advanced Life Support Ambulances (ALS) Structure and Communications: The MD and one ALS will be co-located at the Medical Tent. The MD will strategically post the other ALS ambulance at a site at the opposite point of the loop course. The two ALS ambulances will maintain communication via their radio communication network throughout the race; the finish line AMR/ ALS will be standing next to the MD and maintain verbal communication. Elite Racing, via their own communication plan, with spotters along the course, will maintain communication with MD at all times. Medical Plan: The medical tent at the finish line will be staffed with physicians licensed to practice medicine in the state of California as well as with ancillary medical personnel. Medical supplies will be ample to provide immediate first aid andJor stabilization for runners injured or needing emergency care one hour before the first race, during the events, or until 30 minutes after the last finisher in the last race. ALS ambulances will be employed to provide a higher level of care, stabilization, and transportation of patients requiring acute medical care. The MD will decide if a transfer is necessary. Requests for medical aid or transportation along the course will be communicated by Elite Racing staff to the MD. He will direct AMR to send the nearest unit to the scene to evaluate and appropriately care for the patient. The patient may be either directly transported to the nearest hospital receiving emergency care in route or transported back to the medical tent at the direction of the MD. 17-~ ,.--_.... ._~,-----_.~-,. - --,..__._-, -- --- ----,- -- COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE, WITH CONDITIONS, OF BAY BOULEVARD BETWEEN F AND J STREETS, F STREET WEST OF BAY BOULEVARD, LAGOON DRIVE, MARINA PARKWAY BETWEEN HAND J STREETS, AS WELL AS PORTIONS OF F, G, H, I, AND J STREETS AS NEEDED BETWEEN THE HOURS OF 5:00 A.M. - 2:00 P.M. ON OCTOBER 27, 2002 FOR THE PURPOSE OF HOLDING THE 2002 ARTURO BARRIOS 5 K AND 10K RACES. WHEREAS, for 14 years the Arturo Barrios races have promoted good health and physical fitness for amateur athletes from the San Diego region; and WHEREAS, the City of Chula Vista and Port of San Diego, with others, sponsor the annual Arturo Barrios event; and WHEREAS, the Chula Vista Police Department, Chula Vista Public Works Department and Elite Racing have mutually agreed to a traffic control plan for the event; and WHEREAS,the Chula Vista Police Department, Chula Vista Public Works Department; and Elite Racing have agreed to a medical plan for the event NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the closure, with conditions, of Bay Boulevard between F and J Streets, F Street west of Bay Boulevard, Lagoon Drive, Marina Parkway between Hand J Streets, as well as portions of F, G, H, I and J Streets as needed between the hours of 5:00 a.m. - 2:00 p.m. on October 27, 2002 for the purpose of holding the 2002 Arturo Barrios 5K and 1 OK races. Presented by Approved as to form by Chris Salomone Director of Community Development /7- '7 CITY COUNCIL AGENDA STATEMENT Item 18 Meeting Date 10/8/02 ITEM TITLE: Public Hearing: Conditional Use Permit to install, operate and maintain a wireless communications facility consisting of two 15-foot high monopines to support a total of three antenna arrays, two microwave dishes, and one GPS antenna, and an associated 45-square foot equipment enclosure behind a single-family home at 455 Quail Court. SUBMITTED BY: Director of Planning and BUilding1 ~[ REVIEWED BY: City Manager~~ QIV 4/5 Vote: Yes No X Staff is recommending that this item be continued to the October 22, 2002 City Council meeting in order to allow the applicant the opportunity to submit additional documentation. COUNCIL AGENDA STATEMENT Item~ Meeting Date 10/8/02 ITEM TJTLE: Public Hearing to consider the adoption of an urgency ordinance modifYing the existing Transportation Development Impact Fee and amending Chapter 3.54 of the Municipal Code Urgency Ordinance Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code SUBMITTED BY: Director of Public Work¡JI ~ REVIEWED BY: City Managerq~D¡2./ On August 13, 2002 and on September 10, 2002, Council approved Urgency Ordinance No'. 2866-A, and Urgency Ordinance No. 2866-B modifying the Transportation Development Impact Fee (TDIF) and amending Chapter 3.54 of the Muncipal Code. This proposed Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting period before the regular ordinance bccomes effective. The public hearing has been duly noticed. (4/5ths Vote: Yes l No-> RECOMMENDATION: That Council conduct the public hearing and approve the urgency ordinance amending Chapter 3.54 of the Municipal Code BOARDS/COMMISSIONS RECOMMENDA TJON: The Economic Dcvelopment Commission has reviewed the proposed increase but offered no recommendation. DISCUSSION: The Transportation Development Impact Fee (TDIF) Update Ordinance 2866 was introduced on August 13, 2002 and approved on August 20, 2002. It will become effective 60 days after its approval. Urgency Ordinance 2866-A expired 30 days aftcr its adoption. Urgency Ordinance 2866- B, approved by Council on September 10, 2002, will expire 30 days after its adoption. Tonight's ordinance, if approved, will extend the new fee until thc regular ordinance becomes effective. The new TDIF fee approved by Council on August 20, 2002 is $8,180 per equivalent dwelling unit (EDU) and is the same fee adopted in the urgency ordinance. The new TDIF fee is fully explained in the August 13,2002, agenda statement, attached hcreto. Table I presents the rates for the different land uses: /tf;r/ Page 2, Item ~ Meeting Date 10/8/02 Table I. Proposed Fee Residential DU/Acre» Residential (MED density) (>8-20 DU/Acre) Residential (HIGH density) (> 20 DU/Acre) Senior Housing (Unit) Commercial (Acre) Commercial (High Rise) (Acre) Industrial (Acre) Medical Center (Acre) Golf Course (18 holes) $6,544/DU $4,908/DU $3,272/DU $171,780/acre $278,120/acre $65,440/acre $531,700/acre $572,600/course Findings Staffrecommends that the TDIF go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for thc various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The prospect of a shortfall, failure ofthe street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. Environmental Review The Environmental Review Coordinator 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 of the State CEQA Guidelines; therefore, pursuant to Section ] 5060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review will be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Transportation Development Impact Fees. lt should also be mentioned that the TDIF program includes funding for habitat mitigation that may be triggered by the construction of the facilities. FISCAL IMP ACT: The Transportation Development Impact Fee, as for all of the City's Development Impact Fees, maintains separate funds from the general fund. There is no impact to the general fund from the update except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting from the increased traffic. Exhibits: I.Council Agenda Statcment for August 13,2002 0730-95 HX068 and IIX 001 J:\Engincer\AGENDA\2002TDIFlIrgency ord C.doe dds 9/9102 10:00 AM ,q,J.. ,..--.-.----- COUNCIL AGENDA STATEMENT Item /0 Meeting Date 8/13/02 ITEM TITLE: Public Hearing (0 consider the adoption of an ordinance and an urgency ordinance modifying the existing Transportation Development Impact Fee and amending Chapter 3.54 of the Municipal Code Resolution Accepting a report prepared by Willdan recommending an updated Transportation Development Impact Fee to mitigate transportation impacts within the City's Eastern Territories Ordinance Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code Urgency Ordinance Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code Resolution Amending the Fiscal Year 2002-03 Budget by appropnatmg $826,480 from the Available Fund Balance in the Transportation Development Impact Fee Fund to repay sewer loan authorized by Resolution No. 16706 SUBMITTED BY: Director of Public wor~~ REVIEWED BY: City Manager (4/5ths Vote: Yes l No-.J The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988 by Ordinance 225]. Since its inception, the program has been updated several times to reflect new land uses approvals. changes to the Circulation Element of the Genera] Plan, and updated project cost estimates. The last TDIF update was approved on November 16, 1999. Tonight, Council wilJ consider the approval of the 2002 TDIF update recommending an increase ITom the current fee of $6,240 to $8,180 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance wiJI enable the City to coJlect the fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDA nON: That Council: J. Conduct the Public Hearing. 2. Approve the Resolution accepting the report prepared by WiIldan. 3. Approve the Ordinance amending Chapter 3.54 of the Municipal Code (first reading). 4. Approve the Urgency Ordinance amending Chapter 3.54 ofthe Municipal Code 5. Approve of the budget amendment appropriating $826,480 ITom the A vailableFund Balance in the TDIF Fund to repay a Joan ITom Sewer fund. BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development Commission has reviewed the proposed increase but offered no recommendation. ;y( /1"3 ._--~.. ----- ------- Page 2, Item 13 Meeting Date 8/13/02 DISCUSSION: 2002 TDlF Update New developments place demands on the existing transportation infrastructure, which can be mitigated by upgrading existing and/or constructing new transportation facilities. Chula Vista's TDIF program functions as a system to distribute the cost of constructing infTastructure facilities in an equitable manner among new developmcnt in Eastern Chula Vista. The proceeds ITom the fee are used to construct new transportation improvcments. On August 2001, Council retained WiI1dan for updating the TDIF program. The amount ofthe TDIF fee has not been updated since 1999. During this time infrastructure cost and land uses have been modified. The 2002 update incorporates the following major changes: · Addition ofTelegraph Canyon Road (1-805 to 200' E/O TC Shopping Ctr.), Main Street (1-805 underpass) widening projects, and East H Street (liom 1-805 to 400' east of Hidden Vista). · Removal of East Palomar Street at 1-805 Interchange and La Media Road Bridge Crossing at Otay Valley projects · Comp1etion of 1 3 projects or portions of projects · A provision to 10wer commercial, commercial high-rise and industrial Equivalent Dwelling Urut (EDU) rates · A shift to residential density based on tentative map dwelling units per acre as the fe.e basis rather than the c1assic "attached", "detached" and "multi-family" land used categories · Update the project cost estimates to 2002 prices. · Addition of a provision in the municipal code to permit the City, in its discretion, to provide an economic enhancement to developments that provide the City with a long term revenues · Streamlining procedures for authorizing construction Exhibit I shows the Project Funding Requirements of $222,807,379. This amount includes $184,115,288 for facility construction, $6,684,221 for Program Monitoring (3% of the TDIF program cost), and $24,756,270 in TDIF credits. The Program Monitoring will fund City's TDIF administration, and the cost of consultants and City staff participating in related projects/activities (i.e. fee updates, traffic monitoring program, lobbying the State for more transportation funds). Three percent ofthe TDIF program cost is $6,684,221. If spread equally over 20 years, the annual revenue would be $334,000 per year for program monitoring costs. The 2002 update recommends a TDIF of$8,180 perEDU. Table I below presents the rates for the different land uses. jYL /q-'I Page 3, Item 13 Meeting Date 8/13/02 Residentia1 (LOW density) (0-8 DU/Acre)) Residential (MED density) (>8-20 DU/Acre) Residential (HIGH density) (> 20 DU/Acre) Senior Housing (Unit) Commercial (Acre) Commercial (High Rise) (Acre) Industrial (Acre) Medical Center (Acre) Golf Course (18 holes) < fiëñ~F..~'c"" __ ,r-,__'. $6,240/OU $6,544/DU $4,992/OU $4,908/DU $3,744/DU $3,272/DU $171,780/acre $278,120/acre $65,440/acre $531,700/acre $572,600/course $2,496/OU $1 56,000/acre $249,600/acre $93,600/acre $405,600/acre $436,800/course Basis and Methodology The basis and methodology used in calculating the fee in this update is consistent with the basis and methodology used in the "Interim Eastern Area Development Impact Fee For Streets" adopted in January 1988 and also the "Eastern Area Development Impact Fees For Streets" adopted in January 1990. One of the primary assumptions in the formulation of the previous fees is that the need for additional public facilities is generated by new development and the cost ofthe facilities should be paid by that new development. The first step in this update was to determine which road improvements are required to be constructed in order to maintain an acceptable level of service on the City's circulation system east ofl-805 which are not included in normal subdivision exactions because those segments lie between two or more major developments rather than running through one development. The improvements that are to be constructed will serve the entire benefit area by either providing roads for residents, employees, or customers to use, or by providing new streets for existing traffic, thus freeing up capacity on existing streets that can be used by new development. After reviewing traffic models, development proposals, future connections to SR-125 and I-80S, and land use patterns, a system oflocal roads that carry traffic beyond limited development areas (i.e.: semi-regional in nature) was adopted. Some roads, which cany a lower volume of traffic, were included because they provided connections to future SR-125 and/or were between future development bubbles and would be needed by more than one of those areas to access other regional routes. The next step was to determine the method upon which the costs for the improvements would be spread. One ofthe most common tools used to equate benefit impact fees among the different land uses and densities is the "Equivalent Dwelling Unit" or "EDU". There is a clear relationship between the use of transportation facilities and the generation of traffic trips based on the land use and density of a specific parcel. As in previous methodologies, this update is based on the report "San Diego Traffic Generators", published by SANDAG. This report details the traffic trips ~.... ¡q-5 ------" -.- ._,.._~.~- Page 4, Item '3 Meeting Date 8/13/02 generated by various classes ofland use. The cost of all the required improvements has been spread equally based on the number of "Equivalent Dwelling Units" regardless of the location of any particular improvement relative to the development. This update has relied on traffic modeling tecluúques to determine the percentage ofindustrial and commercial trips that originate tTom within the TDIF benefit area that are already counted as part of other land uses in the TDIF program. Only those trips which originate outside of the TDIF benefit area are recommended for deteIDlining the fee for the commercial and industrial land uses. The analysis justifies reducing the commercial, commercial high-rise, and industrial rates ITom 25 to 21 EDU's per acre, from 40 to 34 EDU's per acre, and ITom 15 to 8 EDU's per acre respectively. The proposed street improvements, which are required outside of normal subdivision exactions, are based on an analysis of the circulation system for various levels of development within the entire area of benefit, which is discussed below. All of proposed street projects included are consistent with the General Plan and Specific Plans that have been adopted by the City Council and are required by the City's Growth Management Ordinance as a condition to all development within the area of benefit in order to maintain acceptable levels of service on the major roadways. The absence of contiguity to the proposed street projects is not essential to conferring a benefit to properties. The area of benefit is based on an analysis of impacts on the total circulation system east ofI-805 for various stages or increments of cumulative development within the total area of benefit. The circulation system must be viewed as a whole. Each of the proposed street projects will provide a benefit to every development because traffic ITOm anyone development will utilize the entire system io access work, commerce, schools, residences and the many other land uses throughout the City. It is difficult, if not impossible to isolate the value of any single street to any particular development because of the nature of traffic. A failure in any part of the system will have a negative impact in other parts of the system and traffic from the development closest to an impacted segment of street will be just as affected as traffic ftom a more distant development. The analogy of a water system is sometimes used where constrictions or breaks in any part of the system will have significant impacts on the whole system. Area of Benefit The TDIF program encompasses most properties within the City's jurisdiction located south of Bonita Road and east of 1-805 (see Exhibit 2). The proposed area of benefit contains a total of 27,236 EDU's. Table 2 below gives a summary of the development forecast within the Area of Benefit. j}4__' /qoÞ~ . '-"'-'-~-- --.-..----- -,-- -~,. -.." - ...._-----_. Page 5, Item 13 Meeting Date 8/13/02 Project 1999 Total Aggregate EDU's 2002 Total Aggregate EDU's Remaining Remaining Eastlake 9,026 4,386.9 Otay Ranch 22,930 19,353.9 Rolling Hills 1,752 1,270.8 Ranch San Miguel Ranch 1608.7 1,590.7 Bella Lago NA 150 Sunbow 1,551 484.2 TOTAL 36,867.7 27,236.5 Table 2. Development Forecast The net decrease in Total Aggregate EDU's Remaining is due to building permit activity, changes to EDU credits, the revision to density based residential EDU's, and lowering EDU rates for commercial, commercial high rise and industrial land uses. The 2002 TDIF report has been revised to clearly exclude the area hounded by Assessment District No. 90-2, Otay Valley Road (now Main Street) on the benefit area map. This is consistent with the 1999 and 2002 land use table which never included the EDU's from this area. The area within the Assessment District is excluded ITom the TDIF boundary because the property owners paid for the Otay Valley Road widening and improvement via the assessment district. Transportation Facilities There are 45 remaining projects within the proposed TDIF program (See Table D). The cost estimate for constructing these roads is $ I 84, 115,288, including soft costs. Soft costs include 15% for contingencies, design costs, construction inspection/project management costs, and 2% on each project for the City's project specific admiuistration/audit. This update includes most roads in the current Circulation Element of the General Plan in addition to capacity enhancement projects. These additional projects include. : · Main Street (1-805 underpass) widening · Telegraph Canyon Road (I-805 to 200' EfO TC Shopping Ctr.) widening · East H Street westbound widening (400' east of Hidden Vista) Two projects, East Palomar St. at 1-805 and La Media bridge crossing, were deleted from the TDIF program. Current build-out traffic model scenarios indicate that these projects may be deleted without substantial impacts to traffic circulation. 1}/5 /1-7 ------ ..---..-.-----..--". "--0·--_---- ____. u____ Page 6, Item i 3 Meeting Date 8/13/02 The TDIF program does not include those streets within the area of the Proposed University Site (Villages 9 and 10 of the Otay Ranch). It is anticipated that the University, if approved, would be responsible for constructing suitable transportation facilities. If the University is not constructed and the area develops according to the approved alternative, future updates will incorporate said area and related facilities into the program. This report also excludes the traffic EDU's contained within the proposed University site. TDIF Credit and ChanRe to Credit Process There are a number of developers who have constructed TDIF roads in the past and maintain a credit against future TDIF fees in the estimated total amount of$24, 756,270. The credits are summarized in Exhibit 4. Partial TDIF credits are provided to developers when building permits (and TDIF fees) are needed prior to the City acceptance of TDIF facilities. A 50% advance credit is made available to the developer for the time period after Director of Public Works has received sufficient bonds and approved the cost estimate but has not approved the bids. Once a bid has been approved, the Developer is provided with a 75% advance credit with the final 25% to be provided after the City has accepted and audited the facility. The existing TDIF Ordinance requires the developer to obtain Council authorization to construct a TDIF facility. Staff recommends the ordinance be amended to eliminate this step as the authorization is typically granted through the development entitlement process. Additionally, staff recommends amending the ordinance to eliminate the requirement to obtain Council authorization prior to receiving TDIF credit or reimbursement for construction ofTDIF roads. Staff recommends the developer direct the request for TDIF credit or reimbursement to the city manager, thereby streamlining the credit issuance process. A minor change in the ordinance is recommended whereby the city manager's designee, not the director of public works, makes the final determination in thè amount of reimbursement or credit at the 50%,75% or 100% levels. This change is recommended to address organizational changes approved for this year. EDU Rates Govemment Code 66000 requires that the City establish a reasonable relationship between the projects to be funded and the fee. The TDIF program uses the Average Daily Trip (ADT) which is converted to the Equivalent Dwelling Unit (EDU) as the tool to equate benefit impact fees among the different land uses. As indicated above, ADT generation rates published by SANDAG are used to determine the impacts of the different land use categories on the transportation system. Each land use category is assigned a specific EDU rate. A low density (0-8 dwelling units/gross acre), residential unit is equal to 10 ADT or I EDU. Table 3 presents a comparison between the current and proposed rates. lþh ¡'1-'i? ------"-, -"--'-'- Page 7, Item ._ Meeting Date 8/13/02 Table 3. EDU Rates F 'I ,; ~ ¡ ¡ j I, - 1; (1'1 . ,I' ~~II .-~-:~f~ !~~ \r iiI" I, I ~. (if... \ I [I) I ':"-~qlr,\ i..rÎII~~- h'_Ü::. Single Family Detached 1 EDUIDU Residential Low density 1 EDU/DU (SFD) (0-8 dwelling units/acre) Single F arnily Attached 0.8 EDU/DU Residential Medium density 0.8 EDUI DU (SFA) (>8 - 20 dwelling units/acre) Multi Family (MF) 0.6 EDU/DU Residential High density 0.6 EDUIDU (>20 dwelling units/acre) Senior Housing 0.4 EDU/Acre Senior Housing 0.4 EDUlAcre Commercial 25 EDU/Acre Commercial 21 EDU/Acre High Rise Commercial 40 EDU/Acre High Rise Commercial 34 EDU/Acre Industrial 15 EDU/Acre Industrial 8 EDU/ Acre Medical Center 65 EDUIAcre Medical Center 65 EDU/Acre Golf Course (18 holes) 70 EDU/course Golf Course 70 EDU/course Following is a brief discussion on the EDU rate schedule: . The SANDAG Report ("San Diego Traffic Generators") identifies several categories of residential land use generating average daily trips (ADI's) ranging from 12 to 4 ADT's. The City historically has refined the SANDAG approach and has identified four categories based on the type of residential structure whether attached, detached, multifamily or senior housing, which also related to the density of the residential development according to the SANDAG Report. This TDIF update eliminates the reference to product type and is based solely on the density of the residential development as a more accurate reflection of housing development within the Area of Benefit. The City, therefore, recommends the following: 10 ADI's generated from a residential unit with densities ranging on average ITom 0 to 8 dwelling units per gross acre; 8 ADT's from a residential unit with densities ranging ITom greater than 8 to 20 dwelling units per gross acre; 6 ADI's from a residential unit with greater than 20 dwelling units per gross acre; and 4 trips 1ÌOm a unit in a senior housing complex. . As part of this TDIF update, a traffic analysis of the industrial trip origin and destination was performed. TIùs analysis was conducted to determine the percentage of the industrial trips that originate from within the TDIF benefit area that are already counted as part of other land uses in the TDIF program. The analysis found that approximately 60 percent of the industrial trips are generated ITom within the City of Chula Vista TDIF area and 40 percent are from outside the TDIF area. Thus, the SANDAG industrial trip rate of 200 ADT could be reduced by up to 60 percent or to 80 trips per acre (8 EDU's per acre). This reduces the industrial trip generation rate ITom 150 trips per acre (1999 TDIF Update) to 80 trips per acre. !-Y; ¡q-9 ''7 Page 8, Item f::> Meeting Date 8/13/02 · For commercial deveJopment, as in previous updates, the "pass-by" trip phenomenon was included in setting the generation rate. Pass-by trips (also calJed undiverted linked trips) are trips in which a stop at a retail commercial facility is one part of a linked trip to or from home or work. In addition to the pass-by phenomenon, a traffic analysis for the commercial trip origin and destination was also performed as part of this TDIF update process. The analysis found that approximately 70 percent of the commercial trips are generated fÏ'om within the City ofChula Vista TDIF area and 30 percent are from outside the TDIF area. Thus, the commercial trip rate for the purpose of the TDIF program could be reduced by up to 70 percent. Since the analysis was conducted using a Select Zone Analysis forecast for a representative Traffic Analysis Zone that had a SANDAG commercial trip rate of 700 trips per acre, the recommended TDIF commercial trip rate is 30 percent of700 trips per acre or 21 0 trips per acre (2 t EDU's per acre). (See attachment for additional information.) · Based on the results ofthe traffic anaJysis for commercial land uses including commercial high rise, staff recommends a proportionate reduction in the high rise commercial trip generation rate from 400 trips to 340 trips per acre (34 EDU's per acre). Meetin (s with the Development Community Staffhas had numerous meetings with the development community throughout the update process. Issues raised by the developers were discussed and resolved. As a result of these discussions, several changes and modifications were incorporated into the program. Generally, the development community reviewed the fee proposal to ensure that cost estimates were not too high or low and to ensure that land uses were consistent with current entitlement information. The development community did not express to staff any strong opposition to the fee proposal. However, McMillin recommends that the commercial rate be further reduced to 120 trips per acre (12 EDU's), that the high rise commercial rate be based on square footage instead of gross acre for buildings 5 stories and higher, and that the city add an office building category. Corky McMillin Companies recommended the commercial rate reduction be based on a commercial vehicle trip generation rate of 400 trips per acre. Applying the 70% reduction would yield 120 trips per acre (30% of400) or 12 EDU's. Staffrecommends the reduction be based on 700 trips per acre, applying the 70% reduction yields 210 trips per acre or 21 EDU's. In reviewing SANDAG trip generation rates which range between 90 trips per acre and 2000 trips per acre and for the various commercial land uses, staffbelieves the 700 trips per acre, typical for community shopping centers, to be a more representative figure for the commercial development in the Eastern Territories. Staff recommends that a comprehensive analysis for the high rise commercial rate and the office category rate be deferred for a future update of the TDIF program after adoption of the General Plan update. The specific uses anticipated for the high rise commercial land uses are not yet known and staff recommends deferring additional change to this land use category until such time as additional information is available. Staff further recommends that consideration of a medium or high-rise office rate be deferred as all of the medium to high-rise office acreage is expected to be located within the Eastern Urban Center, the land use mix and character of which is being refined at the present time. Upon refinement of the land use mix and character of the Eastern Urban Center, the medium or high-rise office land use character will be known and it would be appropriate for Council to consider a change to the TDIF program to add such a category. fjA ¡'1"'ID ------ .'---_.._-" _. - --- _.--- - --- ...-- - ...------"," I':· Page 9, Item _:.' Meeting Date 8/13/02 La Media Bridge Crossing The 1999 Transportation Development Impact Fee (TDIF) program included funding for 50% of a bridge crossing over Otay River Valley as part of the La Media Road project at the City's southerly boundary. To date, neither the County of San Diego nor the City of San Diego have funded the other 50% of the bridge. A preliminary traffic analysis was conducted as part of the 2002 TDIF Update to analyze the need for the bridge. The outcome of the forecast appeared to conclude that traffic volumes in eastern Chula Vista will actually improve should construction of this segment of the City's circulation element in the eastern territories be delayed past the year 2020. Furthennore, the usefulness of the bridge to Chula Vista will diminish in the build out scenario once toll fees on SR125 are eliminated. As such, it is premature, burdensome, and unwarranted to commit to 50% funding of the bridge by the TDIF program. The 1999 bridge cost at 50% was approximately $8 million which represents 3% of the overall TDIF program cost. In addition, along with changes to the land uses, circulation Plan changes are expected due to the upcoming General Plan Update and as an outcome of the ongoing City of San Diego and County's planned land use changes in Otay Mesa. Therefore, it is staff's recommendation that the City's participation in the cost of constructing this crossing be revisited with the next update in connection with other expected General Plan changes. As an example of these possible changes, Main Street (between Rock Mountain Road and SR 125) is being considered for deletion as a circulation element in the next General Plan update. It is recommended that the City cooperate with the City and the County of San Diego in the future to defme the City's participation. Gross Acreage Gross acreage as it applies to the commercial, high rise commercial, industrial and medical center development types, means all land area within the boundary of the parcel or parcels of the development project for which building permits are being requested. As a development project moves through the entitlement process ftom General Development Plan (GDP) to Sectional Planning Area Plan (SPA) to Tentative and Final Maps, the developable gross acreage changes and typically decreases. The attrition of acreage for these development types is addressed by frequent updates of the TDIF program. Each update of the TDIF program includes infonnation fÌ'om the latest entitlement documents. The intent of the fÌ'equent updates is to maintain a viable TDIF program that reflects dynamic development and minimizes the impact of any acreage reduction. Environmental Review The Environmental Review Coordinator has reviewed the proposed activity for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review will be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Transportation Development Impact Fees. It should also be mentioned that the TDIF 1Y;.j'1~jL ...-.--------...--------. Page 10, Item /3 Meeting Date 8/13/02 program includes funding for habitat mitigation that may be triggered by the construction of the facilities. Proposed Ordinances and Economic Incentive Credit By amending Chapter 3.54 ofthe Municipal Code, Council will establish a new TDIF rate of$8,180 per EDU, will modifY the number ofEDU's for various land uses, will streamline the developer TDIF process, and will amend the existing TDIF program to include aU the properties and transportation facilities identified in the report. In addition, the amendment would enable the city to receive an Economic Incentive Credit, similar to the developer's credit, for TDIF eligible projects that the City funds, aside &om current TDIF funding sources. The Economic Incentive Credit could be used to offset TDIF costs for projects that the Council deems beneficial to the City. With this change, the Council has the option to receive an Economic Incentive Credit and use it for specific projects. The overall TDIF program cost wiU not be affected by the change. However, the development community will now have an opportunity to offset the cost of their TDIF obligations for their projects if Council deems their project beneficial to the City and authorizes use of the Economic Incentive Credit. Projects previously being funded by the City or funds previously committed to the TDIF program will not be eligible to be converted to Economic Incentive Credits. This ordinance will become effective 60 days after the second reading. Assuming that the second reading and adoption of the TDIF update takes place at the August 20th Council Meeting, the new fee will be in effect as of October 19, 2002 and collected with building permits issued on or after October 19, 2002. The "Ur~ency Ordinance" would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular ordinance to become effective. This ordinance is only valid for 30 days (from August 13 through September 12), and therefore, it will be necessary to notice and hold a second and third hearing in order to extend the urgency ordinance in 30 day increments until the pennanent ordinance becomes effective. An approval of 4/5"'s vote will be needed for all urgency Ordinances. Staff recommends that the TDIF go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifyIDg the immediate imposition of this fee. Appropriation ofTDIF funds In 1992, during the Assessment District No. 90-02 proceedings for the Otay Valley Road project (Main Street), Council approved, by Resolution 16706, a loan from the sewer fund of $420,000 to the TDIF Fund to offset the cost of the assessments to the property owners in that area. The loan amount and the interest on the loan have been bnilt into the TDIF program. Staffreconunends that the loan be repaid this fiscal year. The estimated amount for repayment of the loan including interest is $826,480. A 4/5ths vote is required for the budget amendment. /~__IC¡-/~ ..----. --".--.-.,.-. ._- --.., - Page 11, Item /5 Meeting Date 8/13/02 FlSCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's Deve10pment Impact Fees, maintains funds separate funds fÌom the general fund. There is no impact to the general fund ¡rom the TDIF update except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting ¡rom the increased traffic. Approval of tonight's resolutions includes a budget amendment appropriating $826,480 ¡rom the Available Fund Balance in the TDIF Fund to repay a loan ¡rom Sewer Fund. Exhibits; I. Program Funding Requirements 2. Area of Benefit 3. Transportation Facilities 4. TDIF credits 5. Letter from Luce Forward dated August 2, 2002 Attacbment: Engineer's Report 0730·95 HX068 and HX 001 J;\ENGINEERIaGENDA 12002TDlFUpdate.doc dds 817102 J2;OU8 PM ¡~/~ /'1" 1'5 -'--"-- ,_... ----- ,,-..-.- --- ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City Council is placing an ordinance on its first reading which will increase the development impact fee (per equivalent dwelling) unit to finance transportation facilities within the City of Chula Vista, and WHEREAS, the average daily trips for residential development shall be based on its density, and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after its second reading, and WHEREAS, developments in the City which will impact various transportation facilities will be applying for building permits during the interim period before the development impact fee increase becomes effective, and WHEREAS, Government Code Section 660l7(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety, and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, the City's Environmental Review Coordinator 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 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, and WHEREAS, state law requires said urgency ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: I q -/4 SECTION 1: Findings The City Council finds that developers ofland within the Eastern Territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment ofa development impact fee to finance the development's portion of costs of the transportation network; and, The City Council finds that the legislative findings and determinations set forth in Ordinance No.2802 and No. 2823 continue to be true and correct; and The City Council finds, after consideration of the evidence presented to it including the "Eastern Area Development Impact Fees for Streets" dated July 2002, that certain amendments to Chapter 3.54 of the Chula Vista Municipal Code are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee; and, The City Council finds, based on the evidence presented at the meeting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and, The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities; and, The City Council finds that it is appropriate to refine the fees for industrial and commercial land uses, including commercial high-rise, to reflect the findings of the analyses of the industrial and commercial trip origination and destination whereby only estimated trips generated from outside the Transportation Development Impact Fee boundary shall be used in determining the fee for industrial, commercial and commercial high-rise land uses; and The City Council finds it is necessary to ensure the timely payment of the "DIF program monitoring" cost item, included in Table H "Program Funding Requirements" of the financial and engineering study, "Eastern Area Development Impact Fees for Streets" dated July, 2002, to adequately fund ongoing and future administration activities and studies. 2 q-15 SECTION 2: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for transportation facilities go into effect immediately in order that all properties in the eastern section of the City pay their fair share of the cost of public transportation irnprovernents relating to the impacts caused by their developrnent. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The City Council finds that the prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current, immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. SECTION 3: That the Development Impact Fee Schedule set forth in Section 3.54.010(C) of the Municipal Code, and as adjusted annually by the 20 City Construction Cost Index as published monthly in the Engineering News Record, shall be amended to read as follows: C. The amount of the fee for each development shall be calculated at the time of building permit issuance based upon the following schedule: Development Type Transportation Fee Residential (Low density) 0-8 du/gross ac Single family detacHed dwelling $8,180$5,920/dwelling unit (Medium density»8-20 du/gross ac Single family attacheà àwelling$6,544$4,73s/dwelling unit (High density) >20 du/gross ac Mliltifamily Gwelling $4,908$3,552/dwelling unit Senior housing $3,272$2,3sg/dwelling unit Commercial $171,780$14g,000/gross ac High rise Gcommercial (high rise) $278,120$23s,gOO/gross ac Industrial $65,440$gg,gOO/gross acre Golf course $572,600$4l4,400/golf course Medical center $531,700$3g4,gOO/gross acre The density of the development type shall be based on the number of dwelling units per gross acre for single-family or multi-family residential and shall be based upon the densities identified on the approved tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the city manager's designee. The gross acreage of the development type for commercial, high rise commercial, industrial and medical center shall include the gross acreage of all parcels that the city manager's designee deems necessary for the development project. 3 /q -I (p The amount of the fee shall be adjusted, starting on October I, 2003 ;6OO(J, and on each October 1 st thereafter, based on the one-year change (fTom July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For reference purposes, the July 2002+9JW, 20 City Construction Cost Index is 6604.82 s07s.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the city council. The city council shall at least annually review the amount of the fee. The city council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the transportation facilities to be financed by the fee, changes in land use designations in the city's general plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the master fee schedule. SECTION 4: That the Definitions as set forth in Section 3.54.020 of the Municipal Code, shall be amended to read as follows: 3.54.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined herein, unless trom the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "Director of Public Works" means the director of public works, the director of public works' designee or the city manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the city manager's designee. D.ß. "Developer" means the owner or developer of a development. E.G.- "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. F.Ih"Development project" or "development" means any activity described in Section 66000 of the State Government Code. G.E. "Eastern Territories" generally means that area of the city located between Interstate 805 on the west, the city sphere of influence boundary on the east and northeast, the city boundary on the north and the city's southern boundary on the south, excepting Villages 9 and 10 of the Otay Ranch (the University Site) as shown on the map entitled "Figure I" of the update of the financial and engineering studies. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also included. H.F. "Financial and engineering studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987; the "Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990; the Eastern Development Impact Fee for Streets - 1993 Revision" study prepared by city staff dated July 13, 1993; aBd the 4 1'1-/7 study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25 1999;, and the study prepared by Willdan ("Eastern Area Development Impact Fees for Streets" dated July 2002), which are on file in the office of the city clerk. I.G. "High rise commercial" means commercial office usage five or more stories in height. J. "Transportation facility project" means that project or portion of project which involves the specified improvements authorized by Section 3.54.030. SECTION 5: That the transportation facilities to be financed by the fee as set forth In Section 3.54.030(A) shall be amended as follows: 3.54.30 Transportation facilities to be financed by the fee. A. The transportation facilities and programs to be financed by the fee established by this chapter are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 n-om Telegraph Canyon Road to Olympic Parkway Orange Aveffile. 3.** Telegraph Canyon Road from Paseo Del Rey to east of Pas eo Laderalnorth side 3a. ** Telegraph Canyon Road at 1-805 interchange/Phase II. 4.** Telegraph Canyon Road / Phase I Rutgers Avenue to EastIake Boundary. 5.** Telegraph Canyon Road / Phase II Paseo Ladera to Apache Drive. 6.** Telegraph Canyon Road / Phase III Apache Drive to Rutgers Avenue. 7. East H Street! 1-805 Interchange modifications. 8** East H Street from EastIake Drive to SR-125. 9.** Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. lOa. La Media Road from Telegraph Canyon Road to East Palomar Street. lOb. La Media Road from East Palomar Street to Olympic Parkway. II. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13. * San Miguel Road n-om Bonita Road to SR -125. 14.** East H Street n-om State Route 125 to San Miguel Road. 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16.** Olympic Parkway from Brandywine Avenue to Paseo Ranchero. 17a.** East Palomar Street from Oleander Avenue to Medical Center Drive SlJRbew EaÐtern BÐllI1àary. 17a. ** East Palomar Street from Medical Center Drive to Pas eo Ladera. 17b. East Palomar Street from Paseo Ladera to Sunbow eastern boundary te Meàical Center Drive. 18.** Telegraph Canyon Road from eastern boundary of EastIake to Hunte Parkway. 19.** EastIake Parkway from Otay Lakes Road to EastIake High School southern boundary. 20** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21** Hunte Parkway from Telegraph Canyon Road to Club House Drive. Iq-I~ 5 21a.** Hunte Parkway rrom Club House SOlith Greens'iiew Drive to Olympic Parkway. 22. Olympic Parh/a:,' from Eastlake Parkway to Hunte Parkway. 22a. Olympic Parkway from SDGE easement to Hunte Parkway. 22b. Olympic Parkway from SR 125 to SDGE easement. 23a.** Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. **Paseo Ranchero from East Palomar Street to Olympic Parkway. 24a. Olympic Parkway from Paseo Ranchero to La Media Road. 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c. Olympic Parkway from East Palomar Street to SR125. 24d. Olympic Parkway from SRI25 to Eastlake Parkway. 25a. Olympic Parkway /1-805 Interchange modifications to Brandywine Avenue. 25b. ** Olympic Parkway from Oleander to Brandywine 26a. ** East Palomar Street from eastern SUMO\\' BØlffiàary to Paseo Ranchero to Santa Maria. 26b.** East Palomar Street from Sunbow eastern boundary to Santa Maria 27. Deleted project (East Palomar Street at I-80S interchange). 28. Otay Lakes Road from Hunte Parkway to Wueste Road 29.** Olympic Parkway from Hunte Parkway to Wueste Road Olympic Training C eHtef. Otay Lakes Road from SR-125 to Eastlake Parkway. EastIake Parkway rrom Fenton Street to Otay Lakes Road. East "H" Street from 1-805 to HiddenVista Drive. East "H" Street eastbound to Terra Nova Shopping Center. Bonita Road at Otay Lakes Road intersection. Otay Lakes Road at Elmhurst Drive intersection. East "H" Street at Otay Lakes Road intersection. Traffic Signal Interconnection / Eastern Territories. EastLake Parkway from EastIake High School southern boundary to Olympic Parkway. East "H" Street n-om Paseo Del Rey to Tierra del Rey. Bonita Road from I-80S to Plaza Bonita Road. Alta Road n-om SR125 to EastIake Parkway. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway. Birch Road from La Media Road to SR 125. Birch Road from SR125 to Eastlake Parkway. Deleted project (Birch Road rrom EastIake Parkway to Hunte Parkway). Eastlake Parkway from Olympic Parkway to Birch Road. Eastlake Parkway from Birch Road to Alta Road Rock MOlintain Road. Mt. Miguel Road from Proctor Valley Road North to SR 125. SOlitIJ. to Proctor Valley Road North. 47b. Mt. Miguel Road from SR 125 to Proctor Valley Road (South), previously named East "H" Street. Hunte Parkway from Olympic Parkway to EastIake Parkway Birch Roaà. Deleted project. [La Media Road bridge crossing the Otay River (one-half the cost)]. 30. 31. 32a. 32b. 33.** 34.** 35.** 36. 37. 38.** 39** 40. 41.** 42. 43. 44. 45. 46. 47a. 48. 50. I c,...¡q 6 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53. La Media Road from Rock Mountain Road to Main Street (previously named Otay Valley Road). 54. La Media Road from Main Street Otay Valley Road to southern city boundary. 55. Otay Lakes Road from East H Street to Telegraph Canyon Road. 56a. Main Street Otay Valley Roaà from Nirvana ~ to Rock Mountain Road. 56b. Main Street Ota:,' Valley Read from Rock Mountain Road to La Media Road. 56c. Main Street Ota:,' Valley Roaà from La Media Road to SR125. 56d. Main Street at 1-805 Underpass widening. 57. Paseo Ranchero n-om Olympic Parkway to Main Street Otay Valley Roaà. 58a. Paseo Ranchero from Main Street Ota:,' Valley Roaà to southern City boundary (excludes incl\làing bridge crossing the Otay River) (en@ half the cest). 58b. Pas eo Ranchero bridge crossing the Otay River (0% of cost). 59a. Proctor Valley Road from Hunte Parkway to Rolling Hills Ranch Neighborhood 9 west entrance eastern City bOlinàary at Upper Ola:,' Reservoir. 59b. Proctor Valley Road from Rolling Hills Ranch Neighborhood 9 west entrance to easterly city boundary. 60. Rock Mountain Road from SRl25 to Main Street Olay Valley Reaà. 61. Willow Street from Bonita Road to Sweetwater Road (including bridge over Sweetwater River). 62. East H Street from Buena Vista Way to Otay Lakes Road. 63. Intersection signalization area wide within the Eastern Territories. 64. Development impact fee program support. * Project is now included in the interim pre-SRl25 transportation facility fee. ** Project has been completed. SECTION 6: That the developer authorization for construction of transportation facilities as set forth in Section 3.54.040(B) shall be deleted: B. A àeyeleper may re¡¡liest a\ltherizatien from tile city cO\ltlCil te construct one er mere of the facilities ¡¡steà in CVMC 3.54.030. SECTION 7: That the developer construction of transportation facilities as set forth III Section 3.54.040(C) shall be amended as follows: B.G,. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsections (A) ~) of this section, the request shall be submitted in writing to the city manager's designee. cOlfficil beære cemmencement efthe werk. 7 Iq-~D 1. The request shall contain the following information and, if granteG, shall be Sabj@Ðt to the following conàitiolls: a description of the project with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and the amount of reimbursement or credit against fees is subject to final determination by the city manager's designee. Additional information shall be provided to the city by the developer upon request of the city. 1. Detaileà deGÐription of the projeÐt witH a preliminary cost estimate. That portion of project whiÐh in'lolyeG the ~pedfieà impn3Yements anthorizeà by CVMC 354.Q30 is referreà to herein as tRe tran~portation facility projeÐt 2. Such reimbursement or credit against fees shall be subject to the following conditions: ba. Requirements of Developer. i.a. Preparation of plans and specifications for approval by the city; ii.b.Secure and dedicate any right-of-way required for the transportation facility project; iii.GoSecure all required permits and environmental clearances necessary for the transportation facility proj ect; iv.4.Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be 100 percent of the value of the transportation facility project); v.êoPayment of all city fees and costs. b.;h The city will not be responsible for any of the costs of constructing the transportation facility proj ect. The developer shall advance all necessary funds to construct the transportation facility proj ect. c.4. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the transportation facility proj ect with other development-related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the city manager's designee àirector of pwlic works. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the transportation facility project portion of the contract, the developer will only receive transportation development impact fee :g:m¡: credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the city manager's designee àirector of pablic works and shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. 5.The developer shall preyiàe a 8etaileà cost estimate which itemizes these ceÐts of th@ Ðonstruction attriimtable to the tranÐportation facility preject and excllides any work attribatable te a specific sabàiyision project. The estimate is preliminary anà 8 Iq..~1 sab:iect te final àetermination by the directer of pllblic v:orks H)Jon completien ef the transpertatien facility proj ecl. d.é.Upon complying with conditions set forth in Section 3.54.040(B)1. and 2.a. above as determined by the city and upon approval of the estimated cost by the city manager's designee directer ef pwlic werks, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility project. Once the developer has received valid bids for the project which comply with Section 3.54.040(B)2.c., entered into binding contracts for the construction of the project, and met the conditions set forth in Section 3.54.040(B)1. and 2.a. above as determined by the city, all of which have been approved by the city manager's designee àirector of pHàlic werks, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify ~ those building permits to which the credit is to be applied at the time the developer submits the building permit applications. f.+'If the developer uses all of the immediate credit before final completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the city liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining amount of the estimated cost of the transportation facility project. g.g.,When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the transportation facility project to the city. The city manager's designee director ef ¡JlIblic works shall make the final determination on expenditures which are eligible for credit or cash reimbursement. h.9,After final determination of eligible expenditures has been made by the city manager's designee àirecter ef poolic works and the developer has complied with the conditions set forth in this Section 3.54.040(B) as determined by the city, the final amount of transportation development impact fee credits shall be determined by the city manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The city shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 30-day period, the city may make a demand against the liquid security and apply the proceeds to the fee obligation. i..w. At the time building permits are issued for the developer's project, the city will incrementally apply credit which the developer has accrued in lieu of collecting the required transportation development impact fees. The àe'/eloper '.vill recei'/e any creàit against re(]liireà àe'/elopment impact fees incrementally at the time bailàing permits are issaeà fer the àe~'ele 'Jer's preject The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at I q . ;).;.. 9 the time of the building permit issuance. The city manager's designee dif8etør af public '.'/arks shall convert such credit to an EDU basis for residential development and/or a gross acre basis for commercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. If the total eligible construction cost for the transportation facility project is more than the total transportation development impact fees which will be required for the developer's project, then the amount in excess of development impact fees will be paid in cash when funds are available as determined by the city manager,; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee obligations. The city may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future development impact fee obligations at the fee rate in effect on the date of the agreement. j.+hThe requirements of tIH& 8HÞ&Section 3.54.040(B)fq may, in the city' s discretion, be modified through an agreement between entereà in!a with the developer and the city and approved by city council. SECTION 8: That the developer construction of transportation facilities as set forth In Section 3.54.040(D) shall be amended as follows: c.I* Whenever a transportation development impact fee credit is generated by constructing a transportation facility using assessment district or community facility district financing, the credit shall only be applied to the transportation development impact fee obligations within that district. SECTION 9: That Section 3.54.090 is added as follows: 3.54.090 Economic Incentive Credit The city council may authorize the city to participate in the financing of transportation facility projects or portions of transportation facility projects identified in Section 3.54.030. At the time of the appropriation of funds by city council for the construction of an eligible transportation facility, the city shall be eligible to receive a credit known hereafter as an Economic Incentive Credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the city council determines, in its sole discretion, to be beneficial to the city. The use of the economic incentive credit may be subject to conditions which shall be set forth in a written agreement between the developer of the project and the city and approved by city council. The amount of the credit shall be determined pursuant to Section 3.54.040(B). ;9...:;.3 10 The city may receive Economic Incentive Credit only for those eligible projects (i) identified in Section 3.54.030 and (ii) for amounts of funding not identified in the financial and engineering study, "Eastern Area Development Impact Fee for Streets" dated July 2002. SECTION 10: Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 11: Time limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shaH be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date ofthis ordinance. SECTION 12: Effective Date This Ordinance shall become effective immediately upon four-fifths vote. Presented by: Approved as to form by: John P. Lippitt Director of Public Works ~~~ City Attorney J:/attorney/ord/tdifurgency cis / q- ~ f 11 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10/8/02 ITEM TITLE: Public Hearing regarding the formation of Community Facilities District No. 08M (Village 6 - McMillin Otay Ranch and Otay Ranch Company) Resolution of the City Council of the City of Chula Vista, California, proposing to modify the Resolution of Intent to form Community Facilities District No. 08M (Village 6 - McMillin Otay Ranch and Otay Ranch Company) to modifY the Rate and Method of Apportionment of Special Tax and directing the preparation of an analysis of the impact of such proposed modification. SUBMITTED BY: Director of Public Works Nff/ REVIEWED BY: /(1- City Manager~~ ,)1'-' (4/5ths Vote: Yes_ No--.K) On August 20, 2002 the City Council initiated the CFD No. 08M proceedings by adoption of Resolutions 2002-318 through 2002-320. Tonight's action will be the next step in the conclusion of the formal proceedings to establish CFD No. 08M. This district will fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 6 - McMillin Otay Ranch and Otay Ranch Company. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. RECOMMENDATION: That Council: I. Open Public Hearing and receive testimony from the public, 2. Continue the public hearing until the October 22,2002 meeting. 3. Approve the resolution to modify thc Resolution of Intent and direct the preparation of an analysis of the impact ofsllch proposed modification. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. ~o-I ..._---~~, ,--.--.,---,.,.-."'-......--.-..-- Page 2, Item ~ Meeting Date 10/8/02 DISCUSSION: On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratified the use of CPDs as a public financing mechanism for (1) the construction and/or acquisition of public inftastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 08M, are currently excluded from the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifications to accomplish the following: 1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include certain maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act", and 3) establish an operating reserve fund for open space districts. CFD 08M will provide the necessary funding for the operation and maintenance of public landscaping and storm water improvements serving Village 6 - McMillin Otay Ranch and Otay Ranch Company by levying an annual "special tax", which is collected ftom the property owners within CFD 08M in conjunction with the property taxes. There is no direct cost to the City. All expenses related to the district administration, including levying and collecting the special taxes, are also funded ITom such special taxes. The proposed CFD No. 08M is consistent with the above-mentioned Ordinance and the Goals and Policies. In addition, staff has met with the developer to discuss their concerns, clarify the intent of the Goals and Policies and Ordinance, and review the proposed special tax rates and the methodology for the apportionment of the special taxes. All of the issues raised by the developers have been discussed and solutions, satisfactory to all parties, were incorporated in the "Rate and Method of Apportionment" (the "RMA") approved at the August 20, 2002 Council meeting. Since approval of the RMA, McMillin has requested the addition of landscaping improvements to the CFD. These improvements include landscaping between the curb and sidewalk along public residential streets (interior parkway landscaping), slopes along View Park Way and a slope along the transit corridor open space. The Village 6 tentative map conditions prohibit maintenance of the residential street parkways by the adjacent homeowner; either a homeowner's association or a CFD shall maintain them. This additional landscaping, if approved, will increase the Special Tax Rates above the rates approved by City Council at the August 20, 2002 meeting by $0.05 per square foot or $346 per acre. The proposed Maximum Special Tax Rates including the additional improvements are for a typical dwelling unit within Improvement Area No. I of CFD 08M is as follows: ;)0 '" a-. Page 3, Item 2-D- Meeting Date 10/8/02 Unit Type with Average Square Footage McMillin Otay Ranch Single Family Detached (Average Product Proposed 2,778 Square Feet) $715.54 ($0.258/sf) Multi-Family (Average Product Proposed for the Vistas at 1,345 SF) $346.57 ($0.258/sf) Vacant Land $4,431.88 1 Acre Private High SchoollChurch $4,431. 88 1 Acre The Maximum Special Tax Rates approved on the August 20, 2002 meeting without the additional improvements are for a typical dwelling unit within Improvement Area No. I of CFD 08M is as follows: Unit Type with Average Square Footage McMillin Otay Ranch Single Family Detached (Average Product Proposed 2,778 Square Feet) $579.02 ($0.209/sf) Multi-Family (Average Product Proposed for the Vistas at 1,345 SF) $280.45 ($0.209/sf) Vacant Land $3,5861 Acre Private High School/Church $3,5861 Acre The Special Tax Rates for Improvement Area No. 2 (Otay Ranch Company) are as follows: Unit Type with Average Square Footage Otay Ranch Company Single Family Detached (Average Product Proposed 2,130 $383.18 ($0. 180/sf) Square Feet) Multi-Family (Average Product Proposed 1,151 Square $207.18 ($0. I 80/sf) Feet) Vacant Land - ~- $3,729/ Acre Commercial $3,7291 Acre During its August 20, 2002 meeting, City Council approved Resolution No. 2002-320 which ordered the preparation of a Community Facilities District Report ("Report"). This Report will be completed and distributed based on the direction of Council this evening. The report will include the following information in greater detail: Area of Benefit The proposed boundaries of CFD No. 08M encompass parcels located within the Village 6. The district will be divided into two Improvement Areas based on benefit and ;;'.0 ~:3 Page 4, Item t(D Meeting Date 10/8/02 developer, one for McMillin Otay Ranch and the other for the Otay Ranch Company. McMillin Otay Ranch LLC owns approximately 75% of the property within Improvement Area No. I. Otay Ranch Company owns 100% of the property within Improvement Area No.2. McMillin Otay Ranch is proposed to contain approximately 482 single-family detached homes, 212 multi-family units, a private high school on approximately 38 acres and a church on approximately 13.2 acres of Community Purpose Facility ("CPF") property. Otay Ranch Company Village 6 is proposed to include 313 single-family detached residences, 1079 multifamily units, 2.9 acres of commercial property, and 5.2 acres of CPF property. Staff has reviewed the proposed boundary map and has found it acceptable and ready for approval by Council. A reduced copy of the map is presented in Exhibit" I ". Description of the Improvements to be Maintained The proposed CFD No. 08M will fund the operation and maintenance of the public landscaping and storm water treatment improvcmcnts within the Village 6 - McMillin Otay Ranch and Otay Ranch Company. Cost Estimate The estimated annual budget for CFD No. 08M, Improvement Area No. I presented on August 20 was approximately $429,348. This budget includes a total of $411,926 (includes additional 10% to fund an operating reserve) for maintenance, $17,422 for CFD administration (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Division. The second budget shows the increase in the landscaping and includes a total of $513,159 for maintenancc and reserves and $17,422 for CFD administration. Staff (Public WorkslOperations and Engineering) and MuniFinancial have reviewed and approved the proposed budget. Exhibits "2" and "3"contain the detailed annual budgets for the district at buildout. The first one showing the increased budget, the second one is the budget approved on August 20, 2002. Proposed Special Tax CFD 08M has four proposed categories oftaxatiol1, as follows: · Residential Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. · Commercial Parcels are taxed on the acreage of the parcel. · The Final Mapped properties which include all single family residential parcels for which a building permit has not been issued are taxed on acreage of the parcel. · Vacant land (Other Taxable property) is taxcd on acreage of the parcel. · The Exempt Category includes all publicly owned parcels, Homeowner's Association parcels, and CPF property owned by non-profit organizations. ;).ð-'f Page 5, Item Jo Meeting Date 10/8/02 Developed Parcels are those parcels for which a building permit has been issued. The proposed maximum special tax rate in the RMA on all Developed Parcels was determined by dividing the estimated annual budget at buildout (plus an operating reserve allocation of 10% of the annual budget) by the total estimated square footage of development at buildout (reduced by 15% to avoid a possible revenue shortfall in the event that the actual square footage of development does not meet the developer's current projections). The proposed maximum special tax rate in the RMA on vacant land has been determined by dividing the estimated annual budget at buildollt (plus a reserve allocation of 10% of the annual budget) by the estimated net lot acreage within the district. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied on the Residential Developed Parcels. If this pool of funds is not enough to fund the Special Tax Liability, as may be the case in the early years of development, the district will levy the special tax on the vacant land starting with Final Mapped Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxcs levied on Residential Developed Parcels will disappear once the area has been fully developed. If the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key iSSllCS regarding the "Rate and Method of Apportionment (RMA) of Special Taxes": · The maximum special taxes rates shall be adjusted each year for inflation using a factor equal to the increase, if any, of the annual change of the San Diego Consumer Price Index. · The Ordinance requires that the developer maintain the landscape improvements for the minimum period of one year following their completion. During this period the District will collect the special taxcs with the purpose of building up a six months operating reserve. The RMA provides that the annual budget for any year may include an amount deemed neeessary to maintain an adequate level of this operating reserve fund. · The maximum special tax rates are based on the best estimate by the developer of the square footage of residential development within CFD 08M (reduced by 15%). This reduction in estimated total sq uare footage of development has the net result of raising the maximum special tax that can be levied on future residential ,).0 -5 Page 6, Item cYO Meeting Date 10/8/02 parcels to avoid a possible shortfall in special tax revenue in the event that the actual square footage of development is less than the projected square footage on which the computation of the special tax rates has been based. If the actual square footage of development meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. · The special tax formula provides that any cost due to delinquent special taxes on vacant land shall be apportioned to the Improvement Area where the delinquent parcels are located. · The annual budget used to calculate thc special tax rates are only the "best estimates" of the cost of maintenance at buildout. There is always a risk that actual expenses in future years may be higher than the total maximum collectable special taxes. This may result in reduced levels of maintenance of landscaping, unless the property owners approve an incrcase in the special tax rates (2/3 voter's approval is required), which is considered unlikely. Staff believes, however, that the proposed maximum special tax rates contain enough of a cushion in the operating reserve, the inflation adjustment, and the assumed reduction of total square footage of development to minimize the risk of future special tax revenue shortfalls. Resolution There is one resolution on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION OF MODIFICATION is the formal action that will allow for an analysis to be completed and included in the Community Facilities District Report. This analysis will detail the increase in the budget and the Special Tax Rates. Future Actions The public hearing reopening and consideration of the adoption of a resolution forming and establishing CFD No. 08M, and submitting the authorization for the levy of special taxes to the qualified electors are scheduled for thc City Council meeting of October 22, 2002 at 6:00 P.M. FISCAL IMPACT All costs of formation of the district are being bornc by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovering for staff cost involved in the following activities: 1) District formation (Staff cost estimated at $50,000, and 2) District annual administration costs ;2o-(¡; Page 7, Item ~ Meeting Date 10/8/02 (estimated annual staff cost each year is $23,850 and an additional $11,000 for the contractual administration for the Engineering Division.) Exhibits: l) Boundary Map 2) Previously Approved Annual Budget 3) Revised Annual Budget J'ŒngmeerIAGENDAICAS Village 6 08M ROF 9·/8·02.doc ~o~1 "- ° ~ w w X ~ 2 OJ 0 O' wO [!)Z 0,- D.' O~ IYIY 0.'- "0,, [!) ~,,- ",wZ LLO 5Õ§ 0 ,<!:Z!:: (f) ~,,~ o~" o.W x u - «~ Ug,1.... 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'" ëU '" ü5 '" ,~ ü5 0 0) 0 ü~ ü5 u 0) ë 0) u 0) " rn en u rn ::J '" " ,,0 '" rn " " 0) , ~ 0) Þ :ê æ ë rn'C W (ij G ¿= ¿ '" (¡¡:2: . 0) > .<:: __'C - ¡,; "'- rn rn '" co c: a.", ~ '13 ;:: ~ 0 [3-" " '" ü5 ;(/)-0 E ro os; 'C' a. 'C 0) o .5 ~ Ë E " ;:: _LL 'C => rn 0) Cf)"§ a5 CJ) -.J._ <>: Cf) . 6) N~~ M <>:~~ N o o N èO ~ - Q) Q; C) "C ::J ..c en X N o , ex:> ~ m C'") :ã :c x w C'") õ C'") co en :> '" :; J: U - o Þ U RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROPOSING TO MODIFY THE RESOLUTION OF INTENT TO FORM COMMUNITY FACILITIES DISTRICT NO. 08M (VILLAGE 6, MCMILLIN OTAY RANCH AND OTAY RANCH COMPANY) TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AND DIRECTING THE PREPARATION OF A REPORT OF THE IMPACT OF SUCH PROPOSED MODIFICATION WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District and to designate two improvement areas therein pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District is designated as Community Facilities District No. 08M (Village 6, McMillin Otay Ranch and Otay Ranch Company) (the "District"); and WHEREAS, this City Council previously adopted its Resolution No. 2002-319 declaring the intention of the City Council to consider the formation of the District and declaring the intention of the City Council to levy a special tax within the District pursuant to the rate and method of apportionment of the special tax ("Rate and Method") attached to the Resolution of Intention; and WHEREAS, pursuant to the Community Facilities District Law, the City Council scheduled a public hearing to be held on September 24, 2002 to consider the formation of the District; and WHEREAS, the public hearing was duly opened on September 24, 2002; and WHEREAS, subsequent to the adoption of the Resolution of Intention, one of the property owners within the proposed District has requested that the District be authorized to finance the maintenance of additional landscaping improvements; and WHEREAS, the financing of such additional landscaping, if approved, will require an increase in the rates of the special tax set forth in the Rate and Method; and WHEREAS, the Community Facilities District Law requires that where the City Council proposes to modify the Resolution of Intention in a way that will increase the probable special tax to be paid by the owner of any lot or parcel, the City Council shall direct that a report be prepared that includes an analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of lots or parcels in the District; and 1 :;()~/S WHEREAS, this City Council desires to order the preparation of such a report and to continue the public hearing to consider such report. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. Preparation of Report. This City Council hereby directs the Director of Public Works to prepare or to cause the preparation of a report, including a brief analysis of the impact of the proposed modifications on the probable special tax to be paid by the owners of the . lots or parcels in the proposed District resulting from the financing of the additional landscaping improvements. Such report is to be delivered to the City Council prior to the date of the continued public hearing regarding the fonnation of the District, and such report is to be considered before approval of the proposed modifications and the Resolution of Formation of the District which may include these modifications. SECTION 3. Continuance of Public Hearing. The public hearing pertaining to the formation of the District is hereby continued to October 22, 2002. Approved as to f~y: ~~J/~ ,~.Khe~~ City Attorney Presented by: John P. Lippit Director of Public Works J:/attorney/reso/CFD 08M modify 2 ~ð . lip CITY COUNCIL AGENDA STATEMENT Item --.J.L Meeting Date 10/8/02 ITEM TITLE: PUBLIC HEARING: PCA 02-04; Amendments to Chapters 19.04 and 19.48 of the Chula Vista Municipal Code pertaining to Community Purpose Facilities - The City ofChula Vista. ORDINANCE: Amending Chapters 19.04 and 19.48, of the Chula Vista Municipal Code. SUBMITTED BY: Director of Planning and Building REVIEWED BY: City Manager 4/5 Vote: Yes No X Staff is requesting a continuance of this item to the meeting of October 22"d in order to allow staff time to respond to recent concerns expressed by the developers of Eastern Chula Vista regarding the proposed amendment. CITY COUNCIL AGENDA STATEMENT Item ~ I Meeting Date 10/8/02 ITEM TITLE: PUBLIC HEARING: PCA 02-04; Amendments to Chapters 19.04 and 19.48 of the Chula Vista Municipal Code pertaining to Community Purpose Facilities - The City of Chula Vista. SUBMITTED BY: ORDINANCE: Amending Chapters 19.04 and 19.48, of the Chula Vista Municipal Code. Director of Planning and Building /~ REVIEWED BY: City Manage/;;tt DlV ,f<' 4/5 Vote: Yes No X The application sponsored by the City of Chula Vista proposes to amend Chula Vista Municipal Code Chapters 19.04, Definitions and 19.48, P-C Planned Community Zone. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has detennined that the activity is not a "Project" as defined under Section 15378 ofthe State CEQA Guidelines; therefore, pursuant to Section 15060( c)(3) of the Slate CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That the City Council adopt the attached Ordinance approving amendments to Chula Vista Municipal Code (CVMe) Chapters 19.04 Definitions, and Chapter 19.48 P-C Planned Community Zone. BOARDS AND COMMISSIONS: On September 25,2002, the Planning Commission considered the proposed project. The only issue raised by the public concerned the potential affect the amendment could have on the availability of ballfields in Eastern Chula Vista, Staff pointed out that ball fields are only one alternative use among a number of non-profit recreational uses that could be considered within the 35% ofCPF acreage provided. Staff explained that the proposed amendment provides further clarification as to what constitutes a recreational use. After hearing the staff presentation and public testimony, the Planning Commission voted 6-0-0-1 (McCann) to recommend that the City Council approve the draft City Council Ordinance. ~/-/ Page No.2, Item: ;:z./ Meeting Date: 10/8/02 DISCUSSION: 1. Background In 1991, the City Council adopted an ordinance which requires that planned communities provide and designate a minimum of 1.39 acres of land per thousand population for Community Purpose Facilities (CPF). The ordinance also requires that several community purpose land uses, as listed in CVMC Section 19.04.055, be permitted by conditional use permit. The ordinance also contains other provisions to regulate the development of CPF sites. In 1998, the City Council amended Chapter 19.04 and Chapter 19.48 to allow non-profit recreational ball fields, by a conditional use permit in the CPF land use districts, subject to approval ofa CPF master plan and limited to 25% of the total CPF acreage required for said master plan area. Subsequently, in 2001, the City Council increased the allowable percentage of CPF acreage that can be utilized for ball fields to 35% and established specific criteria to allow for-profit-day-care uses in the CPF land use districts subject to a conditional use permit. . The proposed amendments would include Homeowners Association (HOA) recreational facilities as conditional uses and modify the requirements for interim uses. 2. Analysis The proposed amendments to Chapters 19.04, Definitions, and 19.48, P-C, Planned Community Zone, are intended to address specific community needs within the master planned communities in eastern Chula Vista. The proposed amendments are described in the following paragraphs. Definition Section 19.04.055 which contains the definition of community purpose facility, also includes the list of typical uses as well as a reference to Section 19.48.025(c) for a complete listing of uses (see Attachment 2). Staff is recommending that the definition be shortened by removing the list of typical uses and only referring to the section in Chapter 19 which contains the complete list of uses. Interim Uses Section 19.48.025(E) currently provides that after five years of non-use ofa community purpose facility (after the issuance of the first certificate of occupancy on a structure in the SPA Plan area), the developer may file a request for a conditional interim use, subject to certain findings. The proposed language would reduce the waiting period for requesting an interim use on the site trom five years to three years. In addition, a new finding must be made that if a structure is designed as a permanent building, the site design, floor plan and building design is to be planned as a conceptual component of a permanent, permitted CPF use complex (see Attachment 2). Staffbelieves that these )/--ff -._--- Page No.3, Item: ~ I Meeting Date: 10/8/02 changes will reduce the hardship experienced by developers who have difficulty marketing certain CPF sites. Adding an allowance for HOA "recreational" Facilities Section 19.48.025( c) currently only allows recreational facilities, such as ball-fields, for non-profit organizations and serving the local community to be considered for CPF credit. The development community has requested that certain homeowner association (HOA) facilities should also be given credit for meeting the recreational use provisions of the CPF ordinance. Staff analyzed the request and (based upon our analysis and experience so far with master planned communities) concurs that certain HOA recreational facilities (i.e. common usable open space areas) should qualify for CPF credit (subject to recommended ìindings regarding minimum parcel size and recreational amenities provided as outlined in section 19.48.025(H).[See Attachment 2]). Staff is of the opinion that the City can accommodate the amount of regular CPF users (i.e. churches, day care, schools etc) on 65% of the CPF acreage provided, and that the other available CPF credit can be used for common usable open space areas, which the City is encouraging the developers to provide for small lot developments. It should be noted that as part of this proposed amendment, staff is also recommending that the language in section 19.48.040(B)(6)(d) regarding the requirements for a CPF Master Plan be modified to make it more reader friendly(see Attachment 2). 3. Conclusion As described above, staff is supportive of allowing certain HOA facilities which meet specific criterion. In addition, the reduction in waiting time before CPF sites can be considered for interim uses will help further alleviate hardships to the landowner while at the same time still maintaining the overall amount of CPF land available in the master planned communities for uses that may be ditììcuIt to locate in other land use districts. The overall amendment is consistent with the General Plan and public necessity, convenience, general welfare and good zoning practices. FISCAL IMP ACT: The time spent processing this application is being charged to the Otay Ranch Master Plan developers. Attachments: 1. Planning Commission Resolution and Minutes of 9/25/02 2. Proposed Municipal Code Amendments ;)/- a .4 TT4C.tlMEIJ ( 2 RESOLUTION NO, PCA 02-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE AMEI\T])MENTS TO CHAPTERS 19,04, DEFINITIONS, AND 19.48, P-C PLANNED COMMUNITY ZONE. WHEREAS, a duly verified application for an amendment to the Chula Vista Municipal Code was filed with the Planning Department of the City of Chula Vista on April 9, 2002, by the City ofChula Vista ("Applicant"); and, WHEREAS, said application requests cet1ain amendments to Chapter 19.04, Definitions, and 19.48, P-C Planned Community Zone; Specifically modification of Chapter 19,04 to modify "community purpose facility" definition, and modification of Chapter 19.48, P-C Planned Community Zone, Subsection 19.48,025 to include allowance for specified recreational facilities provided by homeowners associations to be considered for CFP credit including required findings and modify the provisions for interim uses. and Subsection 19.48,040 to provide further clarification regarding the requirements for a CPF Master Plan prior to allowance of any recreational facilites within CFP land use districts; ("Zoning Ordinance Amendment"); and, WHEREAS, the Environmental Review Coordinator has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not sltbject to CEQA., and WHEREAS, the Planning and Building Director set the time and place for a hearing on the proposed Zoning Ordinance Amendments and notice of said hearing, together with its purpose, as given by its publication is a newspaper of general circulation at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 25,2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOL VED THAT THE PLi\..~NING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Ordinance approving certain amendments to Chapters 19.04 and ] 9.48 of the Chula Vista Municipal code pel1aining to C01l1111unity Purpose Facilities in accordance with thç findings contained therein. BE 1T FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VIST A, CALIFOR'\lA, this 25th day of September 2002, by the following vote, to-wit: ~I ~ if Resolution PCA 02,04 AYES: Hall, Castaneda, Cortes, O'Neill, Madrid, Ham NOES: ABSENT: McCann ~~ Russ Hall, Chair ATTEST: ~-y~ö Diana Vargas, Secretary rJl- 5 Page 2 -4 TfA c.rt M e:AJT l Planning Commission Minutes - 2 - September 25, 2002 5. PUBLIC HEARING: PCA 02-04; Amendment to Chapters 19.04, Definitions, and 19.4B, PC Planned Community Zone of Chula Vista Municipal Code pertaining to Community Purpose Facilities. Background: Jeff Steichen, Associate Planner reported that the Community Purpose Facilities (CPF) is unique to the Planned Community District and is intended to provide sites for public facilities such as churches, day-care and other similar uses. Currently the ordinance requires developers to provide 1.39 acres of Community Purpose Facilities (CPF) land per thousand populations. The CPF facilities and requirements are not related to park requirements, which are a totally separate requirement. Additionally, no land use receiving CPF credit will be eligible for park credit, and vice versa. The first component of the amendment concerns the definition of a Community Public Facility. CPF is a land use designation, which allows for non-profit and certain for-profit uses considered to be of community-wide benefit. Currently the definition lists both all of the typical uses, which can qualify into these provisions, as well as referencing another section, which also delineates in more detail all of the possible uses which could be considered. Staff is recommending that the definition be shortened by eliminating the list of typical uses within the definition section and only referencing them in another section. The second component of the amendment provides provision for allowing interim uses when a CPF use is not presently available for a site. The Code provides that after a minimum offive years of non-use of a CPF site, the developer may file a request for a conditional interim use. Staff is recommending reducing the waiting period from five years to three. In addition, a new finding is being recommended which requires that if a structure is designed as a permanent building, the building design is to be planned as a conceptual component of a permanent permitted CPF use. The third component involves a recommended expansion of the allowance for recreational uses to include certain facilities by a HOA. Staff concludes that such facilities as common usable open space could qualify for CPF credit subject to recommended findings regarding minimum parcel size, which contains minimal recreational amenities. Recreational uses are limited to 35% ofthe overall CPF acreage provided and can only be allowed after a CPF master plan has been prepared. Staff believes that the City can accommodate the amount of regular CPF uses on 65% of the required CPF acreage and that the remaining 35% can be used for a number of different types of recreational uses including HOA provided facilities such common usable open space areas. One of the major uses currently allowed under the recreational use provision is for ball fields. Staff notified the local Little League regarding this amendment and invited them to attend this meeting. The adopted ordinances and proposed amendments allow master developers to work with non- profit organizations such as Little League, day-care providers and other community groups to provide amenities and services which have been deemed appropriate for the community. ;;. J- f, Planning Commission Minutes - 3 - September 25, 2002 Staff Recommendation: That the Planning Commission recommend that Council adopt the amendments to the Municipal Code Chapters 19.04 Definitions and Chapter 19.48 P-C Community Zone. Commissioner O'Neill asked if an interim use is allowed, how or who decides when its time to transition from an interim use to a CPF use. Mr. Steichen responded that interim uses have to be granted by the City Council and is typically for a period of five years. There's also a provision which states that if an imminent CPF proposal is submitted, its at the discretion of the City Council to give a one year timeframe notice to the interim use that it will need to be discontinued. Public Hearing Opened 9:10. Charlie Martinez, 360 Oxford Street, Apt #4., Chula Vista, stated he is the Little League Baseball District #42 Administrator, which encompasses the area south of Highway 54. He stated that four years ago he proposed to start a new little league in Eastlake. He address his request to The Eastake Company stating that as new development comes into the City, they are bringing in more kids who have no place to play because the league cannot support any more participants and there are no more fields available to play in. He further stated that the Parks and Recreation Commission commissioned a fact-finding study, which indicated that the community's foremost desire is to have more sports fields. Mr. Martinez expressed concern that consideration of other uses, as proposed in the amendment, could potentially reduce the opportunity for ball fields to be made available. Public Hearing closed 9:30 Jim Sandoval reminded the Commission that about a year ago, the CPF Ordinance was amended to allow Little League fields to be built and for the developers to be able to receive CPF credit for those fields and that isn't changing with this proposed amendment. Luis Hernandez, Principal Planner stated that this ordinance amendment was crafted to supplement the previously adopted Little League ball field portion of the CPF ordinance. The Eastlake Company has since built a Little League facility in Eastlake Trails, which has been very successful. Subsequently, the Eastlake Company also requested that the Planning Commission and City Council increase the percentage of the CPF acreage from 25 to 35 acres, which resulted in one additional 4 acre site in Eastlake 111 and is now pending construction. Under the proposed amendment, there are two sites that are targeted for CPF credit; one is the small half-acre site., which in order to qúalify for CPF credit must have the following: · One multi-purpose hard court (basketball, etc.) · Children's play area · Community gather facility · Outdoor cooking facility, and · Lawn area ';;1-1 Planning Commission Minutes - 4 - September 25, 2002 In addition to all of the above stated requirements for the small site, the larger l-acre sites are required to add one of the following items: · A tennis court · A swimming pool, or · A full size court field (soccer or baseball field).] Mr. Hernandez further stated that the latter requirement is at the determination of the Zoning Administrator. He, therefore, suggested that Mr. Martinez work hand-In-hand with the Zoning Administrator and/or the Planning Commission to urge the decision-making bodies to strongly consider ball fields as a preferred use, thereby addressing the desires and needs of the community. Commissioner Hall asked what would be the means by which Mr. Martinez could obtain the information which identifies land that can sustain sports facilities. Mr. Hernandez suggested that Mr. Martinez get in touch with the master developers. Secondly, Planning staff can assist him in identifying all of the CPF sites that are available and, thirdly, City staff can place him on a list to be notified whenever a developer submits a request for a Conditional Use Permit to have a CPF site converted for credit. Commissioner Hall stated he is passionate about this subject and firmly believes that it is long overdue for the developers, City staff, and community leaders such as Mr. Martinez, to sit together and discuss in layman's terms what the developers need, and what the overwhelming desire of the community is with respect to having more sports facilities. MSC (O'Neill/Cortes) (6-0-1-0) that the Planning Commission recommend that the City Council adopt the Ordinance amendments to the Chula Vista Municipal Code Chapters 19.04 Definitions, and Chapter 19.48 P,C Community Zone of the Chula Vista Municipal Code. Motion carried. J-I- ~ /1 T( IJ c. H 1vI(~ïl) T L EXHIBIT "A" Community Purpose Facilities- Proposed Amendment Text TEXT LEGEND: New Text DelettJd Text ---------------------------------------------------------------------------------------------- 19.04.055 Chapter 19.04 DEFINITIONS Community purpose facility. "Community purpose facility" means a structure or site fDr childcare, certain non profit assembly, or recreation parposes, as w@1I as ancillary uses wch as a parkiI'Ig lot, within a plarJ1@d community. Typical uses include: Boy Scouts, Girl Scouts and other similar organizations, social and human services such as Alcoholics Anonymous, services for hom@l@ss, services f-or military personnel during the holidays, senior or child care and recreation, and worship, spiritual gro'Nth and development and teaching of traditional family values, and recreational ball fields. See Section 19.18.025(C) for a complete listing of Community Purpose Facility uses. (Ord 2732 §5 (part), 1998; Ord 21521\ § 1, 1991 ). "Community purpose facility" means a land use designation in a planned community intended for non-profit and certain for-profit land uses as listed in section 19.48.025(c). -------------------------------------------------------------------------------------------------------------- Sections: 19.48.010 19.48.020 19.48.025 19.48.030 19.48.040 19.48.050 19.48.060 (R 7/02) Chapter 19.48 P-C - PLANNED COMMUNITY ZONE Purpose. Regulations generally-Minimum acreage-Ownership restrictions. Community purpose facilities-Minimum acreage required- permitted uses. Application-Method-Documents required. Application-General development plan required-Contents required. Findings required for recommendation of establishment. P-C zone-Planning commission action. :;./-1 ] 19.48.070 19.48.080 19.48.090 19.48.100 19.48.110 19.48.120 19.48.130 19.48.140 19.48.150 19.48.160 19.48.010 P-C zone-City council action-Compliance with general development plan required. General development plan-Modification requests and procedures. Sectional planning areas and sectional planning area plans-Requirements and contents. Sectional planning area plans-Finding required for recommendation of approval. Sectional planning area plans-Actions of planning commission and city council. Sectional planning area Plans-Effect of plan approval. Sectional planning area plans-Modification requests and procedures. P-CZone-Residential areas not subject to design review. Recycling collection centers. P-C zone-Exceptions. Purpose. The purposes of the planned community zone are to: A. Provide for the orderly preplanning and long-term development of large tracts of land which may contain a variety of land uses, but are under unified ownership or development control, so that the entire tract will provide an environment of stable and desirable character; B. Give the developer reasonable assurance that sectional development plans prepared by him in accordance with an approved general development plan will be acceptable to the city. Sectional development plans may include subdivision plans and/or planned unit development plans as provided for in this title; C. Enable the city to adopt measures providing for the development of the surrounding area compatible with the planned community zone. (Ord 2732 §5 (pmi), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 § I (part), 1969; prior code §33.5201 (A)), 19.48.020 Regulations generally-Minimum acreage-Ownership restrictions. A. P-C zones may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with the purpose (R 7/02) 2 ,:tl- /0 of this chapter and the objectives of this division. No P-C zone shall include less than fi fty acres of contiguous lands; B. All land in each P-C zone, or approved section thereof, shall be held in one ownership or under unified control unless otherwise authorized by the planning commission, except as provided for in Section 19.48,160, For the purposes of this chapter, the written consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified control. (Ord 2732 §1 (part), 1998; Ord 2673, 1996; Ord 2452A §2, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33,520(B)), 19.48.025 Community purpose facilities-Minimum acreage required-Permitted uses. A. All land in each P,C zone, or any section thereof, shall provide adequate land designated as "Community Purpose Facilities (CPF)", as defined in Section 19.05,055 B, A total of 1.39 acres of net usable land (including setbacks) per 1,000 population shall be so designated for such facilities in any planned community, and shall be so designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community District Regulations of each planned community, This total acreage requirement may be reduced only if the City Council deteffilines, in conjunction with its adoption of a SPA Plan, that a lesser amount of land is needed, based on availability of shared parking with other facilities, or other community purpose facilities that are guaranteed to be made available to the community. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities. C. The required CPF acreage shall have a CPF, Community Purpose Facilities, land use designation. All us@s shall require a conditional use p@ffilit; Th@ following land uses CaB b@ cOflsid@r@d as conditionally permitted uses:All of the following uses are peffilitted subject to approval of a conditional use peffilit: 1. Boy Scouts, Girl Scouts, and other similar organizations; 2, Social and human service activities, such as Alcoholics Anonymous; 3. Services for homeless; 4. Services for military personnel during the holidays; (R 7/02) 3 ;;/ - /1 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; 7. Non-profit or for-profit day care facilities that are ancillary to any of the above or as a primary use. For-profit facilities as primary use are subject to further requirements and additional criteria as outlined in Section (F) below. 8. Private schools that are ancillary to any of the above; 9. Interim uses, subject to the findings outlined in 19.48.025 (E). 10. Recreational facilities, such as ball fields, for non-profit organizations (including homeowners associations) serving the local community, subject to the requirements outlined in 19.48,040(B)(6)(d) and subject to the findings outlined in 19.48,025(H). D. Criteria outlining the siting, property development standards, and operational parameters such as location building setbacks, maintenance and design, and hours of operation, shall be incorporated into the SPA's Planned Community District Regulations. E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority make certain findings, as outlined herein: COl'1àitiol1al Il1terim Uses Permitteà After fi'ie Y I!ars. The city council, HpOI1 rl!ceiving thl! advicl! and rl!commendation of the planning commission may, after five years of 11011 use as a community purpose facility after the issuanc@ of the first Gertificate of occupal1cy on a structure in SPA Plan areas, in accoràance with the procedures for issuance of conditional use permits contail1eà il1 Chapter 19.14 of this Coàe, conditionally pemlit interim, non permanent non resiàential uses which are not community purpose facility uses that council finds (1) the interim use to be compatible with the surrounding land uses (2) that the community purpose facility use is not imminently likely; and (3) that àenial of an interim use would constitute a further hæ-dship to the lanàownl!r. If an interim use is pemitted by the city council, it shall in no event be terminable within said five year period except upon one year's advance notice of intent to terminate said conditional use remit by the city council. City council shall give sHch ol1e year 110tice upon being advised of a sale or lease by at the oWller to purchaser or tenant for lIS@ as a community purpose facility, Conditional Interim Uses. The City Council, with recommendations trom the Planning Commission, may approve a conditional use pemlit for an interim use in (R 7/02) 4 ;2/- /r!}- accordance with the procedures for issuance of a said permit as outlined in chapter 19.14 of the Municipal Code provided the following findings are made: I. That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for a permanent CFP use concurrent with the interim use. 2. That the interim use is not a residential use. 3. That the interim use is compatible with surrounding land uses. 4, That a community purpose facility (CPF) use is not imminent at the time the application for the conditional use permit is filed. 5. That the interim use will tem1inate within five years of issuance of said permit unless the City Council provides one years notice of intent to terminate said conditional use permit. 6. That the denial of the interim use would constitute a hardship to the landowner. 7, That if the interim use structure is designed as a permanent building, the site design, floor plan and building design is planned as a conceptual component of a permanent, permitted CPF use complex. F, Findings. Approval of for-profit daycare facilities as a primary use shall be based upon evidence determined to be sufficient by the City indicating that the CPF site has been marketed for a period of 5 years for CPF land uses (other than for-profit day care) as defined in Section 19.48,025 (C). The Director of Planning and Building may waive this time restriction if the remaining CPF acreage within the same SPA plan consists of at least 4 contiguous acres, G Review by City Council. For each approved sectional planning area plan on which is designated one or more community purpose facility uses, the City Council shall review said plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith. H. Findings. Approval of recreational facilities shall be based upon evidence determined to be sufficient by the City that the proposed recreational facility meets the following minimum requirements: 1. The site should be no less than 0.5 usable acres in size (usable means level areas with maximum slope of 5: I ). 2. The recreational facility is compatible with the surrounding land uses. 3. A recreational facility located on a parcel of less than one-acre will contain the following recreational amenities: a) One multi-purpose hard court; b) children play area; c) community gathering place; d) an outdoor cooking facility; and e) level lawn area. (R 7/02) 5 d/- /3 4. Recreational facilities located on one-acre parcels or larger will contain all the amenities listed in item 3 above plus one or more of the following sport court/fields: a)Tennis Court; b) swimming pool; c) full size sport court/field; d)or other sport facilities determined to be suitable for the neighborhood this facility is intended to serve, all as determined by the Zoning Administrator. Recreational facilities proposed for full or partial CPF credit shall either contain the facilities set forth in this section or alternative recreational facilities as approved by the Zoning Adminstrator. (Ord 2732 §5 (part), 1998). 19.48.030 Application-Method-Documents required. A P-C zone may be initiated by one or more owners, by a developer representing said owners or by the city upon application made in the manner specified in this chapter. (Ord 2732 §5 (part), 1998; Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 § 1 (part), 1978; Ord 1281§2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33.520(C)(part)). 19.48.040 Application-General development plan required-Contents required. A. The application shall include a general development plan which shall consist of a plan diagram and text. The application shall be accompanied by the Required Fee(s). The plan diagram shall show the following: I. The topographic character of the land; 2. Any major grading intended; 3, The general location of all existing and proposed uses of the land; 4, The approximate location of all traffic ways; except those solely serving abutting uses; 5. Any public uses, such as schools, parks, playgrounds, open space and undisturbed natural land; and, 6. The approximate location of different residential densities of dwelling types. B. The application shall include a text which indicates: (R 7/02) ~/-/¥ 6 I. Description of the project, including the boundaries and names of proposed sectional planning areas; 2. The anticipated sequential development of each section of the development for which specific uses are intended or for which sectional planning area plans will be submitted; 3. The approximate area of each sectional planning area of the development and the area of each separate land use; 4. For residential development or residential areas of any P-C zone development: a. The approximate number of dwelling units proposed by type of dwelling, This may be stated as a range with maximum and minimum number of units of each type, b, The approximate total population anticipated in the entire development and in each sectional planning area. This may be stated as a range with a maximum and minimum number of persons, c. The general criteria relating to height, open space, and building coverage, d, The number of dwelling units per gross acre proposed tor each sectional planning area of the development, e, The approximate land area and number of sites proposed for public use of each type, f. Where appropriate, the approximate retail sales area space in square feet and gross area in acres proposed for commercial development with standards of off-street parking and landscaping and circulation for vehicles and pedestrians; 5, For commercial or industrial areas of any proposed P-C zone: a. Types of uses proposed in the entire area and each sectional planning area thereof, b. Anticipated employment in the entire development and in each sectional planning area thereof. This may be stated as a range, (R 7/02) 7 cJ-/ - /5 c. Methods proposed to control or limit dangerous or objectionable elements, if any, which may be caused or emitted by proposed uses. Such dangerous or objectionable elements may include fire, explosion, noise or vibration, smoke, dust, odor, or other fonn of air pollution, heat, cold, dampness, elect¡ic or other disturbance, glare, liquid or solid refuse or waste or other substance, condition or element which might adversely affect the surrounding area, d. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading proposed for the intended structures or uses; 6. For institutional, recreational or other nonresidential uses of any P-C zone: a. Approximate types of uses proposed in the entire area and each sectional planning area thereof, b. Significant applicable infonnation with respect to enrollment, residence, employment, patients, attendance, and other pertinent social or economic characteristics of development, c, The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading, proposed for the intended structures or uses. d. Detennination of the amount of acreage required to b@ deGignat@d for "community purpose faciliti@s" pursuant to Section 19A9.020(c). Where recreational faciliti@s ball fields are desired as a conditional use in CPF land use districts, a "CPF Master Plan," Ðhowing the specific bOUlodaries of the plaFl alod exi8tiIog and proposed diÐtribution of CPF uses '.'"ithin a SPA, GDP or overall Planned Comrmmity shall b@ considered and approved by the Dir@ctor of Planning and incorporated as part of the Planned Community's G@neral D@velopment Plan(Ð), Ball fields shall not utilize more than 35% of the o'/@rall SP,^., GDP or Plallfl@d Community CPt' acr@ag@ requirement. No park credit shall be granted for recreational facilities ball fields-iH-à€\'elopm'*'t&4i4~n¡; this option. Recreational facility land uses shall not utilize more than 35% of the overall CPF acreage required for CPF Master Plan area. Sites identified for Recreational Facilities in CFP land districts shall be a minimum of one-half acre, and shall meet the minill1um development criteria outlined in Section 19,48.025.H.Recreational facilities proposed for CPF credit will not receive park or open space credit. (R 7/02) 8 ,;21-/~ Where recreational facilities are proposed to be located in CPF land use districts, a CFP Master Plan is requiredc The Master Plan shall show the specific boundaries of said plan which may be the SPA, GDP or Planned Community boundaries (or more than one GDP as deemed appropriate by the Director of Planning and Building); the distribution of existing and proposed CPF designated parcels within the Master Plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the Planned Community's Sectional Planning Area (SPA) plan and into the General Development Plan (GDP) if the CFP Master Plan involves more than one SPA plan. The incorporation of the CPF Master Plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to Sections 19,48,080 and 19,48.130. (Ord 2732 §5 (part), 1998; Ord 2506 §1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33.520(C)(l)). 19.48.050 Findings required for recommendation of establishment. The planning commission, after public hearing as provided in Sections 19,12.010 through 19.12.110 of this title, may recommend the establishment of a P-C zone; provided it finds that the facts submitted with the application and presented at the hearing establish by clear and convincing evidence that: A. The proposed development as described by the general development plan is III conformity with the provision of the Chula Vista general plan, B. A planned community development can be initiated by establishment of specific uses or sectional planning area plans within two years of the establishment of the planned community zone. C. In the case of proposed residential development, that such development will constitute a residential environment of sustained desirability and stability; and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. D. In the case of proposed industrial and research uses, that such development will be appropriate in area, location, and over-all design to the purpose intended; that the (R 7/02) 9 cJ-1-/1 design and development standards are such as to create a research or industrial environment of sustained desirability and stability; and, that such development will meet performance òtandards established by this title. E. In the case of institutional, recreational, and other similar nonresidential uses, that such development will be appropriate in area, location and over-all planning to the purpose proposed, and that surrounding areas are protected /Tom any adverse effects from such development. F. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. G. Any proposed commercial development can be justified economically at the location(s) proposed and will provide adequate commercial facilities of the types needed at such proposed location(s), H. The area sUITounding said development can he planned and zoned in coordination and substantial compatibility with said development. (Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 § 1 (part), 1969; prior code §33.520(C)(2)). 19.48.060 P-C zone-Planning C{;ommission action. Following a public hearing, and upon making the required findings, the plmming commission shall make a recommendation to the city council for approval Or modified approval of a proposed P-C zone, and shall also adopt a resolution recommending that the city council adopt the general development plan as submitted or as modified. Such recommendation and the recommended general development plan shall be forwarded to the city council for its consideration. If unable to make the required findings, the planning commission shall deny said application. An appeal rrom the action of the planning commission may be filed in accordance with Section 19.12,110. (Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 § 1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33.520(D)), 19.48.070 P-C zone-City council action-Compliance with General Development plan required. Upon receipt of a recommendation by the planning commission for approval Or modified approval of any P-C zone, the city council shall set a public hearing on the matter. A. Following its public hearing, the city council may adopt an amendment to the zoning ordinance establishing a p·C zone, or may deny the proposed amendment. (R 7/02) 10 ()-I-/ F _.._---"- -+--------..--------.--- The city council shall make no modification of the proposed amendment as recommended by the planning commission unless and until such modification has been referred to the planning commission for additional study, report and recommendation. Such additional study, report and recommendation shall be made by the planning commission within forty days of the date of the referral, unless and except as the city council may grant the planning commission additional time for its review of the matter. B. At the time of adoption of a P-C zone amendment, the city council shall adopt, by resolution, the general development plan as defined in Section 19.48,040, except as provided for in Section 19.48.160, C. Following the adoption of the P-C zone amendment and the general development plan, all development within the district shall thereafter be in substantial conformity with the adopted general development plan or such modifications' thereto as may have been approved, (Ord 2732 §5 (part), 1998; Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 § 1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 § 1 (part), 1969; prior code §33.520(E)). 19.48.080 General development plan-Modification requests and procedures. A, From time to time it may be necessary and desirable to modify the approved general development plan, Modification of such a plan may be initiated by the property owi1er, his authorized agent or developer. B. Requests for modifications shall be submitted to the planning commission on a prescribed fom1 and shall be accompanied by such additional maps, statements, or other infonnation as may be required to support the proposed modification and the Required Fee(s). C. The plmming commission shall conduct a public hearing on all proposed modifications. The planning commission may recommend approval, conditional approval, or denial of a proposed modification to the city council, which shall conduct a public hearing thereon, D. Modification to an approved general development plan shall be made only by resolution of the city council. Within thirty days after receipt of a recommendation from the planning commission, the city council shall approve or deny the proposed modification. (Ord 2732 §5 (pm1), 1998; Ord 2506 § 1 (part), 1992; Ord 1961 § 1 (part), 1982; Ord 1854 §5 (pm1), 1979; Ord 1826 § 1 (part), 1978), (R 7/02) ,;)1- /9 11 19.48.090 Sectional planning areas and sectional planning area plans- Requirements and content. A. All P-C zones shall be divided into sectional planning areas, except as provided for in Section 19.48.160. These areas of subcommunities shall be depicted on the plan diagram of the general development plan of a P-C zone, and shall be addressed in the text thereof. B. Sectional planning areas shall be composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable. Where practicable, sectional planning areas shall have discernible physical boundaries. C. Prior to any development within a sectional planning area, the developer shall submit a sectional planning area plan, accompanied by the Required Filing Fee(s), and a completed, official application, to the planning commission for public hearing, consideration, and recommendatory action, unless such sectional planning area plans are not required by the text of an adopted general development plan. The sectional planning area plan shall include the following site utilization plan and documents. 1. A site utilization plan of the sectional planning area at a scale of one inch equals two hundred feet minimum or as detennined by the director of planning. The plan shall extend a minimum of three hundred feet beyond the boundaries ofthe sectional planning area and show the following: a, The boundaries of the sectional planning area; b. North arrow and scale; c. Preliminary grading (including slope ratios and spot elevations where appropriate); d. Existing and proposed streets (This shall include all public and private streets as well as their approximate grades and typical widths, The names of the existing streets shall be indicated); e. Existing easements (identity); f. Existing and proposed riding and hiking trails; g. Existing and proposed bicycle routes; (R 7/02) 12 :;/-d-O h, Pedestrian walks; 1. Pennanent physical features (i.e., water towers, transmission towers, drainage chamlels, etc,); J. Land uses (include the acreage of each) for; (I) Parks, (2) Open space, (3) Schools (indicate type), (4) Public and quasi-public facilities (include type), (5) Residential: Dwelling type (i.e., single family, duplex, attached, etc.) Lot lines Lot size Number of units (indicate density for each dwelling type) Parking (covered or open parking and parking ratio) Typical floor plans and site plans at a minimum scale of one inch equals twenty feet. (The site plan shall include sufficient detail of adjacent development to determine the relationship of driveways, landscaping, walks, buildings, etc.) The building elevations of each type of structure (including exterior colors and materials) (6) Commercial: Location and proposed use of each structure; The building elevations and floor plans of each structure (include exterior colors and materials) Retail floor area (square footage) Landscaped areas Circulation (vehicular and pedestrian) Off-street parking (standards and ratio) (7) Industrial (R 7/02) 13 ;21-;2/ Location and proposed use of each structure; The building elevations and floor plans of each structure (include exterior colors and materials) Retail floor area (square footage) Landscaped areas Circulation (vehicular and pedestrian) Off-street parking (standards and ratio) (8) Community Purpose Facilities: Location and acreage of sites, in conformance with Section 19.48,020C. A specific listing of types of uses to be included in this category, which are compatible with the pemlitted uses in the planned community. Property development standards, including 111ImmUm lot size, setbacks, and height limitations. 2. Development standards (i.e., pennitted land uses, lot coverage, height and bulk requirements, signs, etc,) for each land use area and designation. 3. Development to occur in phases shall be so indicated on the plan. A skeletal plan shall be prepared for those areas indicated for future development. The skeletal plan shall indicate circulation, building locations, preliminary grading, areas devoted to landscaping, density and parking. The submission of each subsequent phase will require a new application and the required fee(s) for a modification of a sectional planning area plan, together with the required detail plans. (Ord 2732 §5 (part), 1998; Ord 2673, 1996; Ord 2506 § I (part), 1992; Ord 2452A §4, 1991; Ord 1961 §1 (part), 1982; Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978). 19.48.100 Sectional planning area plans-Findings required for recommendation of approval. The planning commission, after public hearing, may recommend the approval of a sectional planning area plan; provided it finds that the facts submitted with the plan and presented at the hearing establish that: (R 7/02) 14 ,;1/- ç;2 ()- A. The proposed sectional planning area plan is in conformity with the general development plan of the P-C zone, any adopted specific plans, and the Chula Vista general plan and its several elements. B. The proposed sectional planning area plan would promote the orderly, sequentialized development of the involved sectional planning area. C. The proposed sectional planning area plan would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. (Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978). 19.48.11 0 Sectional planning area plans-Actions of !,Ianning Commission and city council. A. If, ¡Yom the facts presented, the commission is unable to make the findings set forth in Section 19.48.100, it shall recommend disapproval of the application. B. The commission may recommend disapproval of a sectional planning area plan; may recommend approval of said plan as submitted; or may recommend approval of said plan subject to specified modifìcations, C. The city council, upon receipt of the recommendation of the planning commission on a submitted sectional planning area plan, shall conduct a public hearing thereon. The city council may approve, deny, or modify the plan. If the city council desires to modify a sectional planning area plan, such modification shall be referred back to the planning commission for written recommendations before adoption. The failure of the commission to report within twenty-eight days after reference shall be deemed to be approval of said modification. (Ord 1854 §5 (part), 1979; Ord 1826 § I (part), 1978). 19.48.120 Sectional planning area plans-Effect of plan approval. The approval of a sectional planning area plan shall constitute a refinement of the adopted general development plan of the P·C zone. (Ord 1854 §5 (part), 1979; Ord 1826 § 1 (part), 1978), 19.48.130 Sectional planning area plans· Modification requests and procedures. (R 7/02) 15 ;2/-~3 A. From time to time, it may be necessary and desirable to modify the approved sectional planning area plan. Modification of such plan may be initiated by the property owner, his authorized agent or developer. B. Requests for modifications shall be submitted to the planning commission on a prescribed form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification and the required fee. C. The planning commisslOn shall conduct a public hearing on all proposed modifications. The planning commission may recommend approval, conditional approval, or denial of a proposed modification to the city council which shall conduct a public hearing thereon, D, Modification to an approved sectional planning area plan shall be made only by resolution of the city council. Within thirty days after receipt of a recommendation from the planning commission, the city council shall approve or deny the proposed modification. (Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978). 19.48.140 P-C Zone-Residential areas not subject to Design Review. Construction of dwelling units or any remodeling or additions to existing dwellings within residential areas in the P-C zone not subject to design review requirements must comply with the provisions outlined in Sections 19.22.060, 19.22.160 and 19.22.170 of this ordinance. (Ord 2144 §4 (part), 1986). 19.48.150 Recycling collection centers. Recycling collection centers may be pennitted within commercial or industrial areas, subject to the provisions of Section 19.58.340. (Ord 2252 §8 (1988); Ord 2233 §8 (1987». 19.48.160 P-C Zone-Exceptions. Exceptions to the above requirements include the following: A. Individual parcels under separate ownership or control, but adjacent to land with an approved general development plan will not require approval of a general development plan concurrent with the adoption of the P-C zone. However, subsequent implementation of the P-C zone pursuant to the provisions contained within this section, and development of said area will require the approval of one of (R 7/02) 16 .;21-;; if -<-,._...... the following: a) An amendment to an adjacent general development plan and adoption and/or amendment of sectional planning area plan which would include the subject area, or b) A precise plan, as defined in Section 19,14,570 through 19.14.581, for development of the area consistent with the provisions of paragraph C, below. B. Any land area that is subject to the exceptions contained in this section will not be required to have unified ownership or control upon adoption of the P-C zone. However, unified ownership or control as defined in Section 19.48,020, paragraph ß, shall be required of the subject land area prior to adoption of an amended general development plan and adoption anc1lor amendment of a sectional planning area plan. C. Underlying land use regulations, including permitted, accessory and conditional land uses, for P-C zone areas which do not have an approved general development plan shall be subject to the provisions of a zoning designation which would be consistent with the general plan land use designation for the property. Establishing specific underlying zoning regulations will occur at the time of adoption of the P-C zone, (R 7/02) ;)/-;)6 17 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 19.04 AND 19.48 OF THE CHULA VISTA MUNICIPAL CODE 1. RECITALS A. Application for Discretionary Approval WHEREAS, a duly verified application for an amendment to the Chula Vista Municipal Code was filed with the Planning and Building Department of the City of Chula Vista on April 9, 2002 as sponsored by the City of Chula Vista ("Applicant"); and, WHEREAS, said application requests certain amendments to Chapter 19.04, Definitions, and 19.48, P-C Planned Community Zone; specifically modification of Chapter 19.04, Section 19.04.055 to modify "community purpose facility" definition, modification of Chapter 19.48, P-C Planned Community Zone, Section 19.48.025 to and add language related homeowners associations; modify provisions for interim uses and add required findings for recreational facilities, and modification to Section 19.48.040 to modify the requirements for allowing recreational uses within CFP land use district ("Zoning Ordinance Amendment"); and, B. Environmental Determination WHEREAS, the Environmental Review Coordinator has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQZA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and C. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on, and voted to recommend that the City Council approve the Project, based upon the findings listed below. D. City Council Record of Applications WHEREAS, a duly called and notice public hearing was held before the City Council of the City of Chula Vista on October 8, 2002, on the Discretionary Approval Application, received the recommendations of the Planning Commission, and heard public testimony with regard to same; and ~/I ~~ _I' e;;r , NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on September 25, 2002, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. IV. FINDINGS The City Council hereby finds that the proposed amendments to the Chula Vista Municipal Code will address concerns of the development community concerning hardships expressed by the development community regarding the requirements for providing for CFP acreage in the master planned communities of Eastern Chula Vista by allowing certain HOA facilities to qualify for CFP credit as well as reduce the amount of time before which a developer may request an interim use on a CFP designated parcel. The proposed amendments are consistent with the City of Chula Vista General Plan and public necessity, convenience, general welfare, and good zoning practice support the amendments. V. APPROVAL Based on the above, the City Council hereby approves the proposed amendments to the Chula Vista Municipal Code, specifically to Chapter 19.04 and Chapter 19.48 as depicted in Exhibit "A", attached hereto. This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by ~~M üI~ JOM . aheny City Attorney Robert A. Leiter Planning & Building Director H:\PLANNING\JEFF\2002 Ord PC CommunityZone.doc ~/- .;; ? EXHIBIT" A" Community Purpose Facilities- Proposed Amendment Text ---------------------------------------------------------------------------------------------- Chapter 19.04 DEFINITIONS 19.04.55 Community purpose facility. "Community purpose facility" means a land use designation in a planned community intended for non-profit and certain for-profit land uses as listed in section 19.48.025(c). (Ord 2732 §5 (part), 1998; Ord 2452A §1, 1991). ------------------------------------------------------------------------------------------------------------- Sections: 19.48.010 19.48.020 19.48.025 19.48.030 19.48.040 19.48.050 19.48.060 19.48.070 19.48.080 19.48.090 19.48.100 19.48.110 19.48.120 (R 7/02) Chapter 19.48 P-C - PLANNED COMMUNITY ZONE Purpose. Regulations generally-Minimum acreage-Ownership restrictions. Community purpose facilities-Minimum acreage required- permitted uses. Application-Method-Documents required. Application-General development plan required-Contents required. Findings required for recommendation of establishment. P-C zone-Planning commission action. P-C zone-City council action-Compliance with general development plan required. General development plan-Modification requests and procedures. Sectional planning areas and sectional planning area plans-Requirements and contents. Sectional planning area plans-Finding required for recommendation of approval. Sectional planning area plans-Actions of planning commission and city council. Sectional planning area Plans-Effect of plan approval. 1 ;)/ ' ;)g 19.48.140 19.48.150 19.48.160 Sectional planning area plans-Modification requests and procedures. P-C Zone-Residential areas not subject to design review. Recycling collection centers. P-C zone-Exceptions. 19.48.130 19.48.010 Purpose. The purposes of the plarmed community zone are to: A. Provide for the orderly preplanning and long-tenn development of large tracts of land which may contain a variety of land uses, but are under unified ownership or development control, so that the entire tract will provide an environment of stable and desirable character; B. Give the developer reasonable assurance that sectional development plans prepared by him in accordance with an approved general development plan will be acceptable to the city. Sectional development plans may include subdivision plans and/or plarmed unit development plans as provided for in this title; C. Enable the city to adopt measures providing for the development of the surrounding area compatible with the plarmed community zone. (Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33.5201(A)). 19.48.020 Regulations generally-Minimum acreage-Ownership restrictions. A. P-C zones may be established on parcels of land which are suitable for, and of sufficient size to be plarmed and developed in a marmer consistent with the purpose of this chapter and the objectives of this division. No P-C zone shall include less than fifty acres of contiguous lands; B. All land in each P-C zone, or approved section thereof, shall be held in one ownership or under unified control unless othelWise authorized by the planning commission, except as provided for in Section 19.48.160. For the purposes of this chapter, the written consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified control. (Ord 2732 §I (part), 1998; Ord 2673, 1996; Ord 2452A §2, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(B)). (R 7/02) 2 ~/.. ;¿'1 19.48.025 Community purpose facilities-Minimum acreage required-Permitted uses. A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as "Community Purpose Facilities (CPF)", as defined in Section 19.05.055. B. A total of 1.39 acres of net usable land (including setbacks) per 1,000 population shall be so designated for such facilities in any planned community, and shall be so designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community District Regulations of each planned community. This total acreage requirement may be reduced only if the City Council determines, in conjunction with its adoption of a SPA Plan, that a lesser amount of land is needed, based on availability of shared parking with other facilities, or other community purpose facilities that are guaranteed to be made available to the community. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities. C. The required CPF acreage shall have a CPF, Community Purpose Facilities, land use designation. All of the following uses are permitted subject to approval of a conditional use permit: 1. Boy Scouts, Girl Scouts, and other similar organizations; 2. Social and human service activities, such as Alcoholics Anonymous; 3. Services for homeless; 4. Services for military personnel during the holidays; 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; 7. Non-profit or for-profit day care facilities that are ancillary to any of the above or as a primary use. For-profit facilities as primary use are subject to further requirements and additional criteria as outlined in Section (F) below. 8. Private schools that are ancillary to any ofthe above; 9. Interim uses, subject to the fmdings outlined in 19.48.025 (E). (R 7/02) 3 ).1,,30 10. Recreational facilities, such as ball fields, for non-profit organizations (including homeowners associations) serving the local community, subject to the requirements outlined in 19.48.040(B)(6)(d) and subject to the findings outlined in 19.48.025(H). D. Criteria outlining the siting, property development standards, and operational parameters such as location building setbacks, maintenance and design, and hours of operation, shall be incorporated into the SPA's Planned Community District Regulations. E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority make certain findings, as outlined herein: Conditional Interim Uses. The City Council, with recommendations from the Planning Commission, may approve a conditional use pennit for an interim use in accordance with the procedures for issuance of a said pennit as outlined in chapter 19.14 of the Municipal Code provided the following findings are made: 1. That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for a pennanent CFP use concurrent with the interim use. 2. That the interim use is not a residential use. 3. That the interim use is compatible with surrounding land uses. 4. That a community purpose facility (CPF) use is not imminent at the time the application for the conditional use pennit is filed. 5. That the interim use will tenninate within five years of issuance of said pennit unless the City Council provides one years notice of intent to tenninate said conditional use permit. 6. That the denial of the interim use would constitute a hardship to the landowner. 7. That ifthe interim use structure is designed as a pennanent building, the site design, floor plan and building design is planned as a conceptual component of a pennanent, permitted CPF use complex. F. Findings. Approval of for-profit daycare facilities as a primary use shall be based upon evidence detennined to be sufficient by the City indicating that the CPF site has been marketed for a period of 5 years for CPF land uses (other than for-profit day care) as defined in Section 19.48.025 (C). The Director of Planning and Building may waive this time restriction if the remaining CPF acreage within the same SPA plan consists of at least 4 contiguous acres. G Review by City Council. For each approved sectional planning area plan on which is designated one or more community purpose facility uses, the City Council shall review said, plan annually for the purpose of determining the actual market interest (R 7/02) ;;./~ 3/ 4 in the purchase or lease of said land so designated and the marketing activity associated therewith. H. Findings. Approval of recreational facilities shall be based upon evidence detennined to be sufficient by the City that the proposed recreational facility meets the following minimum requirements: I. The site should be no less than 0.5 usable acres in size (usable means level areas with maximwn slope of 5: I). 2. The recreational facility is compatible with the surrounding land uses. 3. A recreational facility located on a parcel ofless than one-acre will contain the following recreational amenities: a) One multi-purpose hard court; b) children play area; c) community gathering place; d) an outdoor cooking facility; and e) level lawn area. 4. Recreational facilities located on one-acre parcels or larger will contain all the amenities listed in item 3 above plus one or more of the following sport court/fields: a)Tennis Court; b) swimming pool; c) full size sport court/field; d)or other sport facilities detennined to be suitable for the neighborhood this facility is intended to serve, all as detennined by the Zoning Administrator. Recreational facilities proposed for full or partial CPF credit shall either contain the facilities set forth in this section or alternative recreational facilities as approved by the Zoning Adminstrator, (Ord 2732 §5 (part), 1998). 19.48.030 Application-Method-Documents required. A P-C zone may be initiated by one or more owners, by a developer representing said owners or by the city upon application made in the manner specified in this chapter. (Ord 2732 §5 (part), 1998; Ord 2673,1996; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281§2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33.520(C)(Part». 19.48.040 Application-General development plan required-Contents required. A. The application shall include a general development plan which shall consist of a plan diagram and text. The application shall be accompanied by the Required Fee(s). The plan diagram shall show the following: (R 7/02) 5 )/'3~ 1. The topographic character of the land; 2. Any major grading intended; 3. The general location of all existing and proposed uses of the land; 4. The approximate location of all traffic ways; except those solely serving abutting uses; 5. Any public uses, such as schools, parks, playgrounds, open space and undisturbed natural land; and, 6. The approximate location of different residential densities of dwelling types. B. The application shall include a text wruch indicates: 1. Description of the project, including the boundaries and names of proposed sectional planning areas; 2. The anticipated sequential development of each section of the development for wruch specific uses are intended or for wruch sectional planning area plans will be submitted; 3. The approximate area of each sectional planning area of the development and the area of each separate land use; 4. For residential development or residential areas of any P-C zone development: a. The approximate number of dwelling units proposed by type of dwelling. This may be stated as a range with maximum and minimum number of units of each type, b. The approximate total population anticipated in the entire development and in each sectional planning area. This may be stated as a range with a maximum and minimum number of persons, c. The general criteria relating to height, open space, and building coverage, d. The number of dwelling units per gross acre proposed for each sectional planning area ofthe development, (R 7/02) ,)./-- 33 6 e. The approximate land area and number of sites proposed for public use 0 f each type, f. Where appropriate, the approximate retail sales area space in square feet and gross area in acres proposed for commercial development with standards of off-street parking and landscaping and circulation for vehicles and pedestrians; 5. For commercial or industrial areas of any proposed P-C zone: a. Types of uses proposed in the entire area and each sectional planning area thereof, b. Anticipated employment in the entire development and in each sectional planning area thereof. This may be stated as a range, c. Methods proposed to control or limit dangerous or objectionable elements, if any, which may be caused or emitted by proposed uses. Such dangerous or objectionable elements may include fire, explosion, noise or vibration, smoke, dust, odor, or other fonn of air pollution, heat, cold, dampness, electric or other disturbance, glare, liquid or solid refuse or waste or other substance, condition or element which might adversely affect the surrounding area, d. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading proposed for the intended structures or uses; 6. For institutional, recreational or other nomesidential uses of any P-C zone: a. Approximate types of uses proposed in the entire area and each sectional planning area thereof, b. Significant applicable infonnation with respect to emollment, residence, employment, patients, attendance, and other pertinent social or economic characteristics of development, c. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading, proposed for the intended structures or uses. d. Recreational facility land uses shall not utilize more than 35% of the overall CPF acreage required for CPF Master Plan area. Sites identified for Recreational Facilities in CFP land districts shall be a minimum of one-half acre, and shall meet the minimum (R 7/02) 7 )1;-3'1 development criteria outlined in Section 19.48.025 (H). Recreational facilities proposed for CPF credit will not receive park or open space credit. Where recreational facilities are proposed to be located in CPF land use districts, a CFP Master Plan is required. The Master Plan shall show the specific boundaries of said plan which may be the SPA, GDP or Planned Community boundaries (or more than one GDP as deemed appropriate by the Director of Planning and Building); the distribution of existing and proposed CPF designated parcels within the Master Plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the Planned Community's Sectional Planning Area (SPA) plan and into the General Development Plan (GDP) if the CFP Master Plan involves more than one SPA plan. The incorporation of the CPF Master Plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to Sections 19.48.080 and 19.48.130. (Ord 2732 §5 (part), 1998; Ord 2506 §1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(1 )). 19.48.050 Findings required for recommendation of establishment. The planning commission, after public hearing as provided in Sections 19.12.010 through 19.12.110 of this title, may recommend the establishment ofa P-C zone; provided it finds that the facts submitted with the application and presented at the hearing establish by clear and convincing evidence that: A. The proposed development as described by the general development plan is in confonnity with the provision of the Chula Vista general plan. B. A planned community development can be initiated by establishment of specific uses or sectional planning area plans within two years of the establishment of the planned community zone. C. In the case of proposed residential development, that such development will constitute a residential environment of sustained desirability and stability; and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. (R 7/02) .;J./,35 8 D. In the case of proposed industrial and research uses, that such development will be appropriate in area, location, and over-all design to the purpose intended; that the design and development standards are such as to create a research or industrial environment of sustained desirability and stability; and, that such development will meet performance standards established by this title. E. In the case of institutional, recreational, and other similar nonresidential uses, that such development will be appropriate in area, location and over-all planning to the purpose proposed, and that surrounding areas are protected trom any adverse effects trom such development. F. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. G. Any proposed commercial development can be justified economically at the location(s) proposed and will provide adequate commercial facilities of the types needed at such proposed location(s). H. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with said development. (Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §I (part), 1969; prior code §33.520(C)(2)). 19.48.060 P-C zone-Planning Commission action. Following a public hearing, and upon making the required findings, the planning commission shall make a recommendation to the city council for approval or modified approval of a proposed P-C zone, and shall also adopt a resolution recommending that the city council adopt the general development plan as submitted or as modified. Such recommendation and the recommended general development plan shall be forwarded to the city council for its consideration. If unable to make the required findings, the planning commission shall deny said application. An appeal nom the action of the planning commission may be filed in accordance with Section 19.12.110. (Ord 2732 §5 (part), 1998; Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 § I (part), 1969; prior code §33.520(D)). 19.48.070 P-C zone-City council action-Compliance with General Development plan required. Upon receipt of a recommendation by the planning commission for approval or modified approval of any P-C zone, the city council shall set a public hearing on the matter. (R 7/02) 9 ;)/,3 ¿, A. Following its public hearing, the city council may adopt an amendment to the zoning ordinance establishing a P-C zone, or may deny the proposed amendment. The city council shall make no modification of the proposed amendment as recommended by the planning commission unless and until such modification has been referred to the planning commission for additional study, report and recommendation. Such additional study, report and recommendation shall be made by the planning commission within forty days of the date of the referral, unless and except as the city council may grant the planning commission additional time for its review of the matter. B. At the time of adoption of a P-C zone amendment, the city council shall adopt, by resolution, the general development plan as defined in Section 19.48.040, except as provided for in Section 19.48.160. C. Following the adoption of the P-C zone amendment and the general development plan, all development within the district shall thereafter be in substantial conformity with the adopted general development plan or such modifications thereto as may have been approved. (Ord 2732 §5 (part), 1998; Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 §l (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §l (part), 1969; prior code §33.520(E». 19.48.080 General development plan-Modification requests and procedures. A. From time to time it may be necessary and desirable to modify the approved general development plan. Modification of such a plan may be initiated by the property owner, his authorized agent or developer. B. Requests for modifications shall be submitted to the planning commission on a prescribed fonn and shall be accompanied by such additional maps, statements, or other infonnation as may be required to support the proposed modification and the Required Fee(s). C. The planning commission shall conduct a public hearing on all proposed modifications. The planning commission may recommend approval, conditional approval, or denial of a proposed modification to the city council, which shall conduct a public hearing thereon. D. Modification to an approved general development plan shall be made only by resolution of the city council. Within thirty days after receipt of a recommendation ITom the planning commission, the city council shall approve or deny the proposed modification. (R 7/02) ;LI- 31 10 (Ord 2732 §5 (part), 1998; Ord 2506 §l (part), 1992; Ord 1961 §l (part), 1982; Ord 1854 §5 (part), 1979; Ord 1826 §l (part), 1978). 19.48.090 Sectional planning areas and sectional planning area plans- Requirements and content. A. All P·C zones shall be divided into sectional planning areas, except as provided for in Section 19.48.160. These areas of subcommunities shall be depicted on the plan diagram of the general development plan of a p·C zone, and shall be addressed in the text thereof. B. Sectional planning areas shall be composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable. Where practicable, sectional planning areas shall have discernible physical boundaries. C. Prior to any development within a sectional planning area, the developer shall submit a sectional planning area plan, accompanied by the Required Filing Fee(s), and a completed, official application, to the planning commission for public hearing, consideration, and recommendatory action, unless such sectional planning area plans are not required by the text of an adopted general development plan. The sectional planning area plan shall include the following site utilization plan and documents. 1. A site utilization plan of the sectional planning area at a scale of one inch equals two hundred feet minimum or as detennined by the director of planning. The plan shall extend a minimum of three hundred feet beyond the boundaries of the sectional planning area and show the following: a. The boundaries of the sectional planning area; b. North arrow and scale; c. Preliminary grading (including slope ratios and spot elevations where appropriate); d. Existing and proposed streets (This shall include all public and private streets as well as their approximate grades and typical widths. The names of the existing streets shall be indicated); e. Existing easements (identify); f. Existing and proposed riding and hiking trails; (R 7/02) ,)/- 38' 11 g. Existing and proposed bicycle routes; h. Pedestrian walks; I. Permanent physical features (i.e., water towers, transmission towers, drainage channels, etc.); J. Land uses (include the acreage of each) for; (I) Parks, (2) Open space, (3) Schools (indicate type), (4) Public and quasi-public facilities (include type), (5) Residential: Dwelling type (i.e., single family, duplex, attached, etc.) Lot lines Lot size Number of units (indicate density for each dwelling type) Parking (covered or open parking and parking ratio) Typical floor plans and site plans at a minimum scale of one inch equals twenty feet. (The site plan shall include sufficient detail of adjacent development to determine the relationship of driveways, landscaping, walks, buildings, etc.) The building elevations of each type of structure (including exterior colors and materials) (6) Commercial: Location and proposed use of each structure; The building elevations and floor plans of each structure (include exterior colors and materials) Retail floor area (square footage) Landscaped areas Circulation (vehicular and pedestrian) (R 7/02) 12 ~/, 39 Off-street parking (standards and ratio) (7) Industrial: Location and proposed use of each structure; The building elevations and floor plans of each structure (include exterior colors and materials) Retail floor area (square footage) Landscaped areas Circulation (vehicular and pedestrian) Off-street parking (standards and ratio) (8) Community Purpose Facilities: Location and acreage of sites, in confonnance with Section 19.48.020C. A specific listing of types of uses to be included in this category, which are compatible with the pennitted uses in the planned community. Property development standards, including mmlmum lot size, setbacks, and height limitations. 2. Development standards (i.e., pennitted land uses, lot coverage, height and bulk requirements, signs, etc.) for each land use area and designation. 3. Development to occur in phases shall be so indicated on the plan. A skeletal plan shall be prepared for those areas indicated for future development. The skeletal plan shall indicate circulation, building locations, preliminary grading, areas devoted to landscaping, density and parking. The submission of each subsequent phase will require a new application and the required fee(s) for a modification of a sectional planning area plan, together with the required detail plans. (Ord 2732 §5 (part), 1998; Ord 2673, 1996; Ord 2506 §1 (part), 1992; Ord 2452A §4, 1991; Ord 1961 §1 (part), 1982; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978). 19.48.100 Sectional planning area plans-Findings required for recommendation of approval. The planning commission, after public hearing, may recommend the approval of a sectional planning area plan; provided it finds that the facts submitted with the plan and presented at the hearing establish that: (R 7/02) 13 ;J../- ~ 0 A. The proposed sectional planning area plan is in conformity with the general development plan of the P-C zone, any adopted specific plans, and the Chula Vista general plan and its several elements. B. The proposed sectional planning area plan would promote the orderly, sequentialized development ofthe involved sectional planning area. C. The proposed sectional planning area plan would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. (Ord 1854 §5 (part), 1979; Ord 1826 § I (part), 1978). 19.48.110 Sectional planning area plans-Actions of ~Ianning Commission and city council. A. If, from the facts presented, the commission is unable to make the findings set forth in Section 19.48.100, it shall recommend disapproval of the application. B. The commission may recommend disapproval of a sectional planning area plan; may recommend approval of said plan as submitted; or may recommend approval of said plan subject to specified modifications. C. The city council, upon receipt of the recommendation of the planning commission on a submitted sectional planning area plan, shall conduct a public hearing thereon. The city council may approve, deny, or modify the plan. If the city council desires to modify a sectional planning area plan, such modification shall be referred back to the planning commission for written recommendations before adoption. The failure of the commission to report within twenty-eight days after reference shall be deemed to be approval of said modification. (Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978). 19.48.120 Sectional planning area plans-Effect of plan approval. The approval of a sectional planning area plan shall constitute a refinement of the adopted general development plan of the P-C zone. (Ord 1854 §5 (part), 1979; Ord 1826 §I (part), 1978). 19.48.130 Sectional planning area plans-Modification requests and procedures. (R 7/02) ~/-'f/ 14 A. From time to time, it may be necessary and desirable to modify the approved sectional planning area plan. Modification of such plan may be initiated by the property owner, his authorized agent or developer. B. Requests for modifications shall be submitted to the planning commission on a prescribed form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification and the required fee. C. The planning commission shall conduct a public hearing on all proposed modifications. The planning commission may recommend approval, conditional approval, or denial of a proposed modification to the city council which shall conduct a public hearing thereon. D. Modification to an approved sectional planning area plan shall be made only by resolution of the city council. Within thirty days after receipt of a recommendation from the planning commission, the city council shall approve or deny the proposed modification. (Ord 1854 §5 (part), 1979; Ord 1826 § 1 (part), 1978). 19.48.140 P-C Zone-Residential areas not subject to Design Review. Construction of dwelling units or any remodeling or additions to existing dwellings within residential areas in the P-C zone not subject to design review requirements must comply with the provisions outlined in Sections 19.22.060, 19.22.160 and 19.22.170 of this ordinance. (Ord 2144 §4 (part), 1986). 19.48.150 Recycling collection centers. Recycling collection centers may be permitted within commercial or industrial areas, subject to the provisions of Section 19.58.340. (Ord 2252 §8 (1988); Ord 2233 §8 (1987)). 19.48.160 P-C Zone-Exceptions. Exceptions to the above requirements include the following: A. Individual parcels under separate ownership or control, but adjacent to land with an approved general development plan will not require approval of a general development plan concurrent with the adoption of the P-C zone. However, subsequent implementation of the P-C zone pursuant to the provisions contained within this section, and development of said area will require the approval of one of (R 7/02) ~/~';;J- 15 the following: a) An amendment to an adjacent general development plan and adoption and/or amendment of sectional planning area plan which would include the subject area, or b) A precise plan, as defined in Section 19.14.570 through 19.14.581, for development of the area consistent with the provisions of paragraph C, below. B. Any land area that is subject to the exceptions contained in this section will not be required to have unified ownership or control upon adoption of the P-C zone. However, unified ownership or control as defined in Section 19.48.020, paragraph B, shall be required of the subject land area prior to adoption of an amended general development plan and adoption and/or amendment of a sectional planning area plan. C. Underlying land use regulations, including permitted, accessory and conditional land uses, for P-C zone areas which do not have an approved general development plan shall be subject to the provisions of a zoning designation which would be consistent with the general plan land use designation for the property. Establishing specific underlying zoning regulations will occur at the time of adoption of the P-C zone. (R 7/02) ,:¡i- '-13 16